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Texas Senate Bill SR710

Texas 2023 - 88th Regular

Texas Senate Bill SR710 Compare Versions

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1+88R33244 SCP-D
12 By: Creighton S.R. No. 710
23
34
4- SENATE RESOLUTION
5+ R E S O L U T I O N
56 BE IT RESOLVED by the Senate of the State of Texas, 88th
67 Legislature, Regular Session, 2023, That Senate Rule 12.03 be
78 suspended in part as provided by Senate Rule 12.08 to enable the
8- conference committee appointed to resolve the differences on
9- House Bill 5344 (the eligibility of certain retired
10- firefighters, police officers, and emergency medical services
11- providers to purchase continued health benefits coverage; the
12- creation of certain special purpose districts and the name,
13- powers, and duties of the 3 B&J Municipal Utility District;
14- granting a limited power of eminent domain; providing authority
15- to issue bonds; providing authority to impose assessments, fees,
16- and taxes) to consider and take action on the following matters:
9+ conference committee appointed to resolve the differences on House
10+ Bill 5344 (the eligibility of certain retired firefighters, police
11+ officers, and emergency medical services providers to purchase
12+ continued health benefits coverage; the creation of certain special
13+ purpose districts and the name, powers, and duties of the 3 B&J
14+ Municipal Utility District; granting a limited power of eminent
15+ domain; providing authority to issue bonds; providing authority to
16+ impose assessments, fees, and taxes) to consider and take action on
17+ the following matters:
1718 (1) Senate Rule 12.03(4) is suspended to permit the
1819 committee to add text on a matter not included in either the house
19- or senate version of the bill by adding the following new
20- SECTIONS to the bill:
20+ or senate version of the bill by adding the following new SECTIONS
21+ to the bill:
2122 SECTION 1. Section 175.001, Local Government Code, is
2223 amended to read as follows:
2324 Sec. 175.001. APPLICABILITY. (a) In this section,
2425 "township" means a special district with territory that only
2526 includes a census designated place, as designated by the United
2627 States Bureau of the Census.
2728 (b) This chapter applies to a person who:
2829 (1) retires from:
2930 (A) county employment in a county with a
3031 population of 75,000 or more;
3132 (B) employment by an appraisal district in a
3233 county with a population of 75,000 or more;
33- (C) municipal employment in a municipality
34- with a population of 25,000 or more; [or]
34+ (C) municipal employment in a municipality with a
35+ population of 25,000 or more; [or]
3536 (D) employment as a firefighter or emergency
36- medical services provider by an emergency services district
37- located wholly or partly in a county with a population of 150,000
38- or more; or
39- (E) employment as a firefighter, police
40- officer, or emergency medical services provider by a township
41- with a population of 110,000 or more; and
42- (2) is entitled to receive retirement benefits from
43- a county, appraisal district, or municipal retirement plan, [or]
37+ medical services provider by an emergency services district located
38+ wholly or partly in a county with a population of 150,000 or more;
39+ or
40+ (E) employment as a firefighter, police officer,
41+ or emergency medical services provider by a township with a
42+ population of 110,000 or more; and
43+ (2) is entitled to receive retirement benefits from a
44+ county, appraisal district, or municipal retirement plan, [or]
4445 emergency services district, or township.
45- SECTION 2. (a) Subtitle C, Title 4, Special District
46- Local Laws Code, is amended by adding Chapter 4001 to read as
47- follows:
46+ SECTION 2. (a) Subtitle C, Title 4, Special District Local
47+ Laws Code, is amended by adding Chapter 4001 to read as follows:
4848 CHAPTER 4001. DENTON COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2
4949 SUBCHAPTER A. GENERAL PROVISIONS
5050 Sec. 4001.0101. DEFINITIONS. In this chapter:
5151 (1) "Board" means the district's board of directors.
5252 (2) "County" means Denton County, Texas.
5353 (3) "Director" means a board member.
5454 (4) "District" means the Denton County Municipal
5555 Management District No. 2.
5656 Sec. 4001.0102. NATURE OF DISTRICT. The Denton County
57- Municipal Management District No. 2 is a special district
58- created under Section 59, Article XVI, Texas Constitution.
57+ Municipal Management District No. 2 is a special district created
58+ under Section 59, Article XVI, Texas Constitution.
5959 Sec. 4001.0103. PURPOSE; DECLARATION OF INTENT. (a) The
60- creation of the district is essential to accomplish the purposes
61- of Sections 52 and 52-a, Article III, and Section 59, Article
62- XVI, Texas Constitution, and other public purposes stated in this
60+ creation of the district is essential to accomplish the purposes of
61+ Sections 52 and 52-a, Article III, and Section 59, Article XVI,
62+ Texas Constitution, and other public purposes stated in this
6363 chapter.
64- (b) By creating the district and in authorizing the
65- county and other political subdivisions to contract with the
66- district, the legislature has established a program to
67- accomplish the public purposes set out in Section 52-a, Article
68- III, Texas Constitution.
64+ (b) By creating the district and in authorizing the county
65+ and other political subdivisions to contract with the district, the
66+ legislature has established a program to accomplish the public
67+ purposes set out in Section 52-a, Article III, Texas Constitution.
6968 (c) The creation of the district is necessary to promote,
7069 develop, encourage, and maintain employment, commerce,
7170 transportation, housing, tourism, recreation, the arts,
7271 entertainment, economic development, safety, and the public
7372 welfare in the district.
74- (d) This chapter and the creation of the district may not
75- be interpreted to relieve the county from providing the level of
76- services provided as of the effective date of the Act enacting
77- this chapter to the area in the district. The district is created
78- to supplement and not to supplant county services provided in the
73+ (d) This chapter and the creation of the district may not be
74+ interpreted to relieve the county from providing the level of
75+ services provided as of the effective date of the Act enacting this
76+ chapter to the area in the district. The district is created to
77+ supplement and not to supplant county services provided in the
7978 district.
8079 Sec. 4001.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
8180 (a) All land and other property included in the district will
8281 benefit from the improvements and services to be provided by the
8382 district under powers conferred by Sections 52 and 52-a, Article
8483 III, and Section 59, Article XVI, Texas Constitution, and other
8584 powers granted under this chapter.
8685 (b) The district is created to serve a public use and
8786 benefit.
88- (c) The creation of the district is in the public
89- interest and is essential to further the public purposes of:
87+ (c) The creation of the district is in the public interest
88+ and is essential to further the public purposes of:
9089 (1) developing and diversifying the economy of the
9190 state;
92- (2) eliminating unemployment and underemployment;
93- and
91+ (2) eliminating unemployment and underemployment; and
9492 (3) developing or expanding transportation and
9593 commerce.
9694 (d) The district will:
97- (1) promote the health, safety, and general welfare
98- of residents, employers, potential employees, employees,
99- visitors, and consumers in the district, and of the public;
95+ (1) promote the health, safety, and general welfare of
96+ residents, employers, potential employees, employees, visitors,
97+ and consumers in the district, and of the public;
10098 (2) provide needed funding for the district to
101- preserve, maintain, and enhance the economic health and vitality
102- of the district territory as a community and business center;
103- (3) promote the health, safety, welfare, and
104- enjoyment of the public by providing pedestrian ways and by
105- landscaping and developing certain areas in the district, which
106- are necessary for the restoration, preservation, and enhancement
107- of scenic beauty; and
108- (4) provide for water, wastewater, drainage, road,
109- and recreational facilities for the district.
99+ preserve, maintain, and enhance the economic health and vitality of
100+ the district territory as a community and business center;
101+ (3) promote the health, safety, welfare, and enjoyment
102+ of the public by providing pedestrian ways and by landscaping and
103+ developing certain areas in the district, which are necessary for
104+ the restoration, preservation, and enhancement of scenic beauty;
105+ and
106+ (4) provide for water, wastewater, drainage, road, and
107+ recreational facilities for the district.
110108 (e) Pedestrian ways along or across a street, whether at
111109 grade or above or below the surface, and street lighting, street
112110 landscaping, parking, and street art objects are parts of and
113- necessary components of a street and are considered to be a
114- street or road improvement.
111+ necessary components of a street and are considered to be a street
112+ or road improvement.
115113 (f) The district will not act as the agent or
116114 instrumentality of any private interest even though the district
117115 will benefit many private interests as well as the public.
118116 Sec. 4001.0105. INITIAL DISTRICT TERRITORY. (a) The
119117 district is initially composed of the territory described by
120118 Section 2(b) of the Act enacting this chapter.
121- (b) The boundaries and field notes contained in Section
122- 2(b) of the Act enacting this chapter form a closure. A mistake
123- in the field notes or in copying the field notes in the
124- legislative process does not affect the district's:
119+ (b) The boundaries and field notes contained in Section 2(b)
120+ of the Act enacting this chapter form a closure. A mistake in the
121+ field notes or in copying the field notes in the legislative process
122+ does not affect the district's:
125123 (1) organization, existence, or validity;
126- (2) right to issue any type of bonds for the
127- purposes for which the district is created or to pay the
128- principal of and interest on the bonds;
129- (3) right to impose or collect an assessment or tax;
130- or
124+ (2) right to issue any type of bonds for the purposes
125+ for which the district is created or to pay the principal of and
126+ interest on the bonds;
127+ (3) right to impose or collect an assessment or tax; or
131128 (4) legality or operation.
132- Sec. 4001.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL
133- ZONES. All or any part of the area of the district is eligible to
134- be included in:
129+ Sec. 4001.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
130+ All or any part of the area of the district is eligible to be
131+ included in:
135132 (1) a tax increment reinvestment zone created under
136133 Chapter 311, Tax Code; or
137134 (2) a tax abatement reinvestment zone created under
138135 Chapter 312, Tax Code.
139136 Sec. 4001.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
140137 DISTRICTS LAW. Except as otherwise provided by this chapter,
141138 Chapter 375, Local Government Code, applies to the district.
142139 Sec. 4001.0108. CONSTRUCTION OF CHAPTER. This chapter
143140 shall be liberally construed in conformity with the findings and
144141 purposes stated in this chapter.
145142 SUBCHAPTER B. BOARD OF DIRECTORS
146- Sec. 4001.0201. GOVERNING BODY; TERMS. (a) The district
147- is governed by a board of five elected directors who serve
148- staggered terms of four years.
143+ Sec. 4001.0201. GOVERNING BODY; TERMS. (a) The district is
144+ governed by a board of five elected directors who serve staggered
145+ terms of four years.
149146 (b) Directors are elected in the manner provided by
150147 Subchapter D, Chapter 49, Water Code.
151148 Sec. 4001.0202. COMPENSATION; EXPENSES. (a) The district
152149 may compensate each director in an amount not to exceed $150 for
153150 each board meeting. The total amount of compensation for each
154151 director in one year may not exceed $7,200.
155152 (b) A director is entitled to reimbursement for necessary
156153 and reasonable expenses incurred in carrying out the duties and
157154 responsibilities of the board.
158- Sec. 4001.0203. TEMPORARY DIRECTORS. (a) On or after
159- the effective date of the Act enacting this chapter, the owner or
160- owners of a majority of the assessed value of the real property in
161- the district may submit a petition to the Texas Commission on
155+ Sec. 4001.0203. TEMPORARY DIRECTORS. (a) On or after the
156+ effective date of the Act enacting this chapter, the owner or owners
157+ of a majority of the assessed value of the real property in the
158+ district may submit a petition to the Texas Commission on
162159 Environmental Quality requesting that the commission appoint as
163160 temporary directors the five persons named in the petition. The
164161 commission shall appoint as temporary directors the five persons
165162 named in the petition.
166163 (b) The temporary or successor temporary directors shall
167164 hold an election to elect five permanent directors as provided by
168165 Section 49.102, Water Code.
169166 (c) Temporary directors serve until the earlier of:
170167 (1) the date permanent directors are elected under
171168 Subsection (b); or
172169 (2) the fourth anniversary of the effective date of
173170 the Act enacting this chapter.
174171 (d) If permanent directors have not been elected under
175172 Subsection (b) and the terms of the temporary directors have
176173 expired, successor temporary directors shall be appointed or
177174 reappointed as provided by Subsection (e) to serve terms that
178175 expire on the earlier of:
179176 (1) the date permanent directors are elected under
180177 Subsection (b); or
181178 (2) the fourth anniversary of the date of the
182179 appointment or reappointment.
183180 (e) If Subsection (d) applies, the owner or owners of a
184- majority of the assessed value of the real property in the
185- district may submit a petition to the commission requesting that
186- the commission appoint as successor temporary directors the five
181+ majority of the assessed value of the real property in the district
182+ may submit a petition to the commission requesting that the
183+ commission appoint as successor temporary directors the five
187184 persons named in the petition. The commission shall appoint as
188185 successor temporary directors the five persons named in the
189186 petition.
190187 SUBCHAPTER C. POWERS AND DUTIES
191188 Sec. 4001.0301. GENERAL POWERS AND DUTIES. The district
192- has the powers and duties necessary to accomplish the purposes
193- for which the district is created.
194- Sec. 4001.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
195- The district, using any money available to the district for the
189+ has the powers and duties necessary to accomplish the purposes for
190+ which the district is created.
191+ Sec. 4001.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
192+ district, using any money available to the district for the
196193 purpose, may provide, design, construct, acquire, improve,
197- relocate, operate, maintain, or finance an improvement project
198- or service authorized under this chapter or Chapter 375, Local
194+ relocate, operate, maintain, or finance an improvement project or
195+ service authorized under this chapter or Chapter 375, Local
199196 Government Code.
200- (b) The district may contract with a governmental or
201- private entity to carry out an action under Subsection (a).
202- (c) The implementation of a district project or service
203- is a governmental function or service for the purposes of Chapter
204- 791, Government Code.
197+ (b) The district may contract with a governmental or private
198+ entity to carry out an action under Subsection (a).
199+ (c) The implementation of a district project or service is a
200+ governmental function or service for the purposes of Chapter 791,
201+ Government Code.
205202 Sec. 4001.0303. NONPROFIT CORPORATION. (a) The board by
206- resolution may authorize the creation of a nonprofit corporation
207- to assist and act for the district in implementing a project or
203+ resolution may authorize the creation of a nonprofit corporation to
204+ assist and act for the district in implementing a project or
208205 providing a service authorized by this chapter.
209206 (b) The nonprofit corporation:
210207 (1) has each power of and is considered to be a local
211208 government corporation created under Subchapter D, Chapter 431,
212209 Transportation Code; and
213- (2) may implement any project and provide any
214- service authorized by this chapter.
210+ (2) may implement any project and provide any service
211+ authorized by this chapter.
215212 (c) The board shall appoint the board of directors of the
216213 nonprofit corporation. The board of directors of the nonprofit
217- corporation shall serve in the same manner as the board of
218- directors of a local government corporation created under
219- Subchapter D, Chapter 431, Transportation Code, except that a
220- board member is not required to reside in the district.
221- Sec. 4001.0304. LAW ENFORCEMENT SERVICES. To protect
222- the public interest, the district may contract with a qualified
223- party, including the county, to provide law enforcement services
224- in the district for a fee.
214+ corporation shall serve in the same manner as the board of directors
215+ of a local government corporation created under Subchapter D,
216+ Chapter 431, Transportation Code, except that a board member is not
217+ required to reside in the district.
218+ Sec. 4001.0304. LAW ENFORCEMENT SERVICES. To protect the
219+ public interest, the district may contract with a qualified party,
220+ including the county, to provide law enforcement services in the
221+ district for a fee.
225222 Sec. 4001.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
226223 The district may join and pay dues to a charitable or nonprofit
227224 organization that performs a service or provides an activity
228225 consistent with the furtherance of a district purpose.
229226 Sec. 4001.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
230227 district may engage in activities that accomplish the economic
231228 development purposes of the district.
232229 (b) The district may establish and provide for the
233230 administration of one or more programs to promote state or local
234231 economic development and to stimulate business and commercial
235232 activity in the district, including programs to:
236233 (1) make loans and grants of public money; and
237234 (2) provide district personnel and services.
238- (c) The district may create economic development
239- programs and exercise the economic development powers provided
240- to municipalities by:
235+ (c) The district may create economic development programs
236+ and exercise the economic development powers provided to
237+ municipalities by:
241238 (1) Chapter 380, Local Government Code; and
242239 (2) Subchapter A, Chapter 1509, Government Code.
243- Sec. 4001.0307. PARKING FACILITIES. (a) The district
244- may acquire, lease as lessor or lessee, construct, develop, own,
240+ Sec. 4001.0307. PARKING FACILITIES. (a) The district may
241+ acquire, lease as lessor or lessee, construct, develop, own,
245242 operate, and maintain parking facilities or a system of parking
246243 facilities, including lots, garages, parking terminals, or other
247244 structures or accommodations for parking motor vehicles off the
248245 streets and related appurtenances.
249246 (b) The district's parking facilities serve the public
250- purposes of the district and are owned, used, and held for a
251- public purpose even if leased or operated by a private entity for
252- a term of years.
247+ purposes of the district and are owned, used, and held for a public
248+ purpose even if leased or operated by a private entity for a term of
249+ years.
253250 (c) The district's parking facilities are parts of and
254- necessary components of a street and are considered to be a
255- street or road improvement.
256- (d) The development and operation of the district's
257- parking facilities may be considered an economic development
258- program.
259- Sec. 4001.0308. ADDING OR EXCLUDING LAND. The district
260- may add or exclude land in the manner provided by Subchapter J,
261- Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water
262- Code.
263- Sec. 4001.0309. DISBURSEMENTS AND TRANSFERS OF MONEY.
264- The board by resolution shall establish the number of directors'
251+ necessary components of a street and are considered to be a street
252+ or road improvement.
253+ (d) The development and operation of the district's parking
254+ facilities may be considered an economic development program.
255+ Sec. 4001.0308. ADDING OR EXCLUDING LAND. The district may
256+ add or exclude land in the manner provided by Subchapter J, Chapter
257+ 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
258+ Sec. 4001.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The
259+ board by resolution shall establish the number of directors'
265260 signatures and the procedure required for a disbursement or
266261 transfer of district money.
267262 Sec. 4001.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
268263 Section 375.161, Local Government Code, does not apply to the
269264 district.
270- Sec. 4001.0311. EMINENT DOMAIN. The district may
271- exercise the power of eminent domain in the manner provided by
272- Section 49.222, Water Code.
265+ Sec. 4001.0311. EMINENT DOMAIN. The district may exercise
266+ the power of eminent domain in the manner provided by Section
267+ 49.222, Water Code.
273268 Sec. 4001.0312. DIVISION OF DISTRICT. (a) The district
274- may be divided into two or more new districts only if the
275- district:
269+ may be divided into two or more new districts only if the district:
276270 (1) has no outstanding bonded debt; and
277271 (2) is not imposing ad valorem taxes.
278- (b) This chapter applies to any new district created by
279- the division of the district, and a new district has all the
280- powers and duties of the district.
281- (c) Any new district created by the division of the
282- district may not, at the time the new district is created,
283- contain any land outside the area described by Section 2(b) of
284- the Act enacting this chapter.
285- (d) The board, on its own motion or on receipt of a
286- petition signed by the owner or owners of a majority of the
287- assessed value of the real property in the district, may adopt an
288- order dividing the district.
272+ (b) This chapter applies to any new district created by the
273+ division of the district, and a new district has all the powers and
274+ duties of the district.
275+ (c) Any new district created by the division of the district
276+ may not, at the time the new district is created, contain any land
277+ outside the area described by Section 2(b) of the Act enacting this
278+ chapter.
279+ (d) The board, on its own motion or on receipt of a petition
280+ signed by the owner or owners of a majority of the assessed value of
281+ the real property in the district, may adopt an order dividing the
282+ district.
289283 (e) An order dividing the district must:
290284 (1) name each new district;
291285 (2) include the metes and bounds description of the
292286 territory of each new district;
293287 (3) appoint temporary directors for each new
294288 district; and
295- (4) provide for the division of assets and
296- liabilities between or among the new districts.
297- (f) On or before the 30th day after the date of adoption
298- of an order dividing the district, the district shall file the
299- order with the Texas Commission on Environmental Quality and
300- record the order in the real property records of each county in
301- which the district is located.
302- (g) Any new district created by the division of the
303- district must hold an election as required by this chapter to
304- obtain voter approval before the district may impose a
305- maintenance tax or issue bonds payable wholly or partly from ad
306- valorem taxes.
307- (h) Municipal consent to the creation of the district and
308- to the inclusion of land in the district granted under Section
289+ (4) provide for the division of assets and liabilities
290+ between or among the new districts.
291+ (f) On or before the 30th day after the date of adoption of
292+ an order dividing the district, the district shall file the order
293+ with the Texas Commission on Environmental Quality and record the
294+ order in the real property records of each county in which the
295+ district is located.
296+ (g) Any new district created by the division of the district
297+ must hold an election as required by this chapter to obtain voter
298+ approval before the district may impose a maintenance tax or issue
299+ bonds payable wholly or partly from ad valorem taxes.
300+ (h) Municipal consent to the creation of the district and to
301+ the inclusion of land in the district granted under Section
309302 4001.0506 acts as municipal consent to the creation of any new
310303 district created by the division of the district and to the
311304 inclusion of land in the new district.
312305 SUBCHAPTER D. ASSESSMENTS
313306 Sec. 4001.0401. PETITION REQUIRED FOR FINANCING SERVICES
314- AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not
315- finance a service or improvement project with assessments under
316- this chapter unless a written petition requesting that service or
317- improvement has been filed with the board.
318- (b) A petition filed under Subsection (a) must be signed
319- by the owners of a majority of the assessed value of real property
320- in the district subject to assessment according to the most
321- recent certified tax appraisal roll for the county.
307+ AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
308+ service or improvement project with assessments under this chapter
309+ unless a written petition requesting that service or improvement
310+ has been filed with the board.
311+ (b) A petition filed under Subsection (a) must be signed by
312+ the owners of a majority of the assessed value of real property in
313+ the district subject to assessment according to the most recent
314+ certified tax appraisal roll for the county.
322315 Sec. 4001.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
323- The board by resolution may impose and collect an assessment for
324- any purpose authorized by this chapter in all or any part of the
316+ The board by resolution may impose and collect an assessment for any
317+ purpose authorized by this chapter in all or any part of the
325318 district.
326319 (b) An assessment, a reassessment, or an assessment
327- resulting from an addition to or correction of the assessment
328- roll by the district, penalties and interest on an assessment or
329- reassessment, an expense of collection, and reasonable
330- attorney's fees incurred by the district:
320+ resulting from an addition to or correction of the assessment roll
321+ by the district, penalties and interest on an assessment or
322+ reassessment, an expense of collection, and reasonable attorney's
323+ fees incurred by the district:
331324 (1) are a first and prior lien against the property
332325 assessed;
333- (2) are superior to any other lien or claim other
334- than a lien or claim for county, school district, or municipal ad
335- valorem taxes; and
336- (3) are the personal liability of and a charge
337- against the owners of the property even if the owners are not
338- named in the assessment proceedings.
326+ (2) are superior to any other lien or claim other than
327+ a lien or claim for county, school district, or municipal ad valorem
328+ taxes; and
329+ (3) are the personal liability of and a charge against
330+ the owners of the property even if the owners are not named in the
331+ assessment proceedings.
339332 (c) The lien is effective from the date of the board's
340- resolution imposing the assessment until the date the assessment
341- is paid. The board may enforce the lien in the same manner that
342- the board may enforce an ad valorem tax lien against real
343- property.
344- (d) The board may make a correction to or deletion from
345- the assessment roll that does not increase the amount of
346- assessment of any parcel of land without providing notice and
347- holding a hearing in the manner required for additional
348- assessments.
333+ resolution imposing the assessment until the date the assessment is
334+ paid. The board may enforce the lien in the same manner that the
335+ board may enforce an ad valorem tax lien against real property.
336+ (d) The board may make a correction to or deletion from the
337+ assessment roll that does not increase the amount of assessment of
338+ any parcel of land without providing notice and holding a hearing in
339+ the manner required for additional assessments.
349340 SUBCHAPTER E. TAXES AND BONDS
350341 Sec. 4001.0501. TAX ELECTION REQUIRED. (a) The district
351342 must hold an election in the manner provided by Chapter 49, Water
352343 Code, or, if applicable, Chapter 375, Local Government Code, to
353- obtain voter approval before the district may impose an ad
354- valorem tax.
355- (b) Section 375.243, Local Government Code, does not
356- apply to the district.
344+ obtain voter approval before the district may impose an ad valorem
345+ tax.
346+ (b) Section 375.243, Local Government Code, does not apply
347+ to the district.
357348 Sec. 4001.0502. OPERATION AND MAINTENANCE TAX. (a) If
358349 authorized by a majority of the district voters voting at an
359350 election under Section 4001.0501, the district may impose an
360351 operation and maintenance tax on taxable property in the district
361352 in the manner provided by Section 49.107, Water Code, for any
362353 district purpose, including to:
363354 (1) maintain and operate the district;
364355 (2) construct or acquire improvements; or
365356 (3) provide a service.
366- (b) The board shall determine the operation and
367- maintenance tax rate. The rate may not exceed the rate approved
368- at the election.
357+ (b) The board shall determine the operation and maintenance
358+ tax rate. The rate may not exceed the rate approved at the
359+ election.
369360 Sec. 4001.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
370- BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money
371- on terms determined by the board.
361+ BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
362+ terms determined by the board.
372363 (b) The district may issue bonds, notes, or other
373364 obligations payable wholly or partly from ad valorem taxes,
374365 assessments, impact fees, revenue, contract payments, grants, or
375- other district money, or any combination of those sources of
376- money, to pay for any authorized district purpose.
366+ other district money, or any combination of those sources of money,
367+ to pay for any authorized district purpose.
377368 Sec. 4001.0504. BONDS SECURED BY REVENUE OR CONTRACT
378369 PAYMENTS. The district may issue, without an election, bonds
379370 secured by:
380371 (1) revenue other than ad valorem taxes, including
381372 contract revenues; or
382- (2) contract payments, provided that the
383- requirements of Section 49.108, Water Code, have been met.
373+ (2) contract payments, provided that the requirements
374+ of Section 49.108, Water Code, have been met.
384375 Sec. 4001.0505. BONDS SECURED BY AD VALOREM TAXES;
385376 ELECTIONS. (a) If authorized at an election under Section
386377 4001.0501, the district may issue bonds payable from ad valorem
387378 taxes.
388- (b) At the time the district issues bonds payable wholly
389- or partly from ad valorem taxes, the board shall provide for the
390- annual imposition of a continuing direct annual ad valorem tax,
391- without limit as to rate or amount, for each year that all or part
392- of the bonds are outstanding as required and in the manner
393- provided by Sections 54.601 and 54.602, Water Code.
394- (c) All or any part of any facilities or improvements
395- that may be acquired by a district by the issuance of its bonds
396- may be submitted as a single proposition or as several
397- propositions to be voted on at the election.
398- Sec. 4001.0506. CONSENT OF MUNICIPALITY REQUIRED. (a)
399- The board may not issue bonds until each municipality in whose
400- corporate limits or extraterritorial jurisdiction the district
401- is located has consented by ordinance or resolution to the
402- creation of the district and to the inclusion of land in the
403- district as required by applicable law.
379+ (b) At the time the district issues bonds payable wholly or
380+ partly from ad valorem taxes, the board shall provide for the annual
381+ imposition of a continuing direct annual ad valorem tax, without
382+ limit as to rate or amount, for each year that all or part of the
383+ bonds are outstanding as required and in the manner provided by
384+ Sections 54.601 and 54.602, Water Code.
385+ (c) All or any part of any facilities or improvements that
386+ may be acquired by a district by the issuance of its bonds may be
387+ submitted as a single proposition or as several propositions to be
388+ voted on at the election.
389+ Sec. 4001.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
390+ board may not issue bonds until each municipality in whose
391+ corporate limits or extraterritorial jurisdiction the district is
392+ located has consented by ordinance or resolution to the creation of
393+ the district and to the inclusion of land in the district as
394+ required by applicable law.
404395 (b) This section applies only to the district's first
405396 issuance of bonds payable from ad valorem taxes.
406397 SUBCHAPTER I. DISSOLUTION
407- Sec. 4001.0901. DISSOLUTION. (a) The board shall
408- dissolve the district on written petition filed with the board by
409- the owners of:
398+ Sec. 4001.0901. DISSOLUTION. (a) The board shall dissolve
399+ the district on written petition filed with the board by the owners
400+ of:
410401 (1) at least two-thirds of the assessed value of the
411402 property subject to assessment by the district based on the most
412403 recent certified county property tax rolls; or
413404 (2) at least two-thirds of the surface area of the
414405 district, excluding roads, streets, highways, utility
415- rights-of-way, other public areas, and other property exempt
416- from assessment by the district according to the most recent
417- certified county property tax rolls.
418- (b) The board by majority vote may dissolve the district
419- at any time.
406+ rights-of-way, other public areas, and other property exempt from
407+ assessment by the district according to the most recent certified
408+ county property tax rolls.
409+ (b) The board by majority vote may dissolve the district at
410+ any time.
420411 (c) The district may not be dissolved by its board under
421412 Subsection (a) or (b) if the district:
422- (1) has any outstanding bonded indebtedness until
423- that bonded indebtedness has been repaid or defeased in
424- accordance with the order or resolution authorizing the issuance
425- of the bonds;
413+ (1) has any outstanding bonded indebtedness until that
414+ bonded indebtedness has been repaid or defeased in accordance with
415+ the order or resolution authorizing the issuance of the bonds;
426416 (2) has a contractual obligation to pay money until
427417 that obligation has been fully paid in accordance with the
428418 contract; or
429419 (3) owns, operates, or maintains public works,
430420 facilities, or improvements unless the district contracts with
431- another person for the ownership, operation, or maintenance of
432- the public works, facilities, or improvements.
421+ another person for the ownership, operation, or maintenance of the
422+ public works, facilities, or improvements.
433423 (d) Sections 375.261, 375.262, and 375.264, Local
434424 Government Code, do not apply to the district.
435- (b) The Denton County Municipal Management District
436- No. 2 initially includes all territory contained in the
437- following area:
425+ (b) The Denton County Municipal Management District No. 2
426+ initially includes all territory contained in the following area:
438427 TRACT I:
439428 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
440429 SITUATED IN THE B. WAY SURVEY, ABSTRACT NUMBER 1350, W. JOHNSON
441430 SURVEY, ABSTRACT NUMBER 680, J. STEWART, ABSTRACT NUMBER 1199,
442- DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A
443- DEED TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE
444- 1955, AND VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON
445- COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
431+ DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A DEED
432+ TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE 1955, AND
433+ VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON COUNTY,
434+ TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
446435 BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST
447436 SOUTHEAST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
448- PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY
449- CHARNEY, RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY
450- RECORDS, DENTON COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST
451- NORTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROYAL WHITE
452- JONES, RECORDED IN VOLUME 1231, PAGE 701, DEED RECORDS, DENTON
453- COUNTY, TEXAS;
437+ PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY CHARNEY,
438+ RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY RECORDS, DENTON
439+ COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST NORTHEAST CORNER OF A
440+ TRACT DESCRIBED IN A DEED TO ROYAL WHITE JONES, RECORDED IN VOLUME
441+ 1231, PAGE 701, DEED RECORDS, DENTON COUNTY, TEXAS;
454442 THENCE NORTH 71 DEGREES 47 MINUTES 53 SECONDS WEST WITH THE
455443 SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
456444 1955, A DISTANCE OF 5542.39 FEET TO A 1/2 INCH IRON PIN SET AT THE
457445 SOUTHERN MOST SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN
458- VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED
459- IN A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE
460- 348, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
461- THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE
462- TRACT IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A
463- 1/2 INCH IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK
464- RIDGE TRACT IN VOLUME 5127, PAGE 1955;
446+ VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED IN
447+ A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE 348,
448+ REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
449+ THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT
450+ IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A 1/2 INCH
451+ IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT
452+ IN VOLUME 5127, PAGE 1955;
465453 THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS EAST, A
466- DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT
467- AN INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME
468- 5127, PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A
469- DEED TO MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE
470- 298, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
454+ DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT AN
455+ INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
456+ PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO
457+ MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE 298, REAL
458+ PROPERTY RECORDS, DENTON COUNTY, TEXAS;
471459 THENCE NORTH 15 DEGREES 54 MINUTES 04 SECONDS EAST WITH THE
472- WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
473- 1955, A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR
474- CORNER;
460+ WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
461+ A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
475462 THENCE SOUTH 82 DEGREES 47 MINUTES 03 SECONDS EAST WITH A
476463 SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
477464 1955, A DISTANCE OF 667.90 FEET TO A 1/2 INCH IRON PIN FOUND FOR
478465 CORNER;
479466 THENCE NORTH 56 DEGREES 22 MINUTES 21 SECONDS EAST WITH A
480- SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
481- PAGE 1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND
482- FOR CORNER;
467+ SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
468+ 1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND FOR
469+ CORNER;
483470 THENCE NORTH 50 DEGREES 04 MINUTES 04 SECONDS EAST WITH A
484- SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
485- PAGE 1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND
486- FOR CORNER;
471+ SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
472+ 1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND FOR
473+ CORNER;
487474 THENCE NORTH 36 DEGREES 03 MINUTES 57 SECONDS EAST WITH THE
488- WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
489- 1955, A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR
490- CORNER;
475+ WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
476+ A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR CORNER;
491477 THENCE NORTH 26 DEGREES 07 MINUTES 18 SECONDS WEST WITH THE
492- WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
493- 1955, A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR
494- CORNER;
478+ WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
479+ A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
495480 THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS EAST WITH THE
496- WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
497- 1955, A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR
498- CORNER ON THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME
499- 5127, PAGE 1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE
500- TRACT IN VOLUME 5127, PAGE 1951;
481+ WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
482+ A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER ON
483+ THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
484+ 1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME
485+ 5127, PAGE 1951;
501486 THENCE NORTH 89 DEGREES 52 MINUTES 14 SECONDS WEST WITH A
502- NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
503- 1955 AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME
504- 5127, PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN
505- SET FOR CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE
506- TRACT IN VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT
507- DESCRIBED IN A DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE
508- 567, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
509- THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A
510- WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
511- 1951 AND AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02
512- FEET TO A 1/2 INCH IRON PIN SET FOR CORNER;
513- THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54)
514- CALLS:
515- 1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A
516- DISTANCE OF 110.80 FEET;
517- 2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A
518- DISTANCE OF 278.21 FEET;
519- 3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A
520- DISTANCE OF 415.87 FEET;
521- 4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A
522- DISTANCE OF 604.83 FEET;
523- 5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A
524- DISTANCE OF 410.80 FEET;
525- 6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A
526- DISTANCE OF 82.37 FEET;
527- 7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A
528- DISTANCE OF 75.16 FEET;
529- 8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A
530- DISTANCE OF 49.39 FEET;
531- 9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A
532- DISTANCE OF 308.38 FEET;
533- 10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A
534- DISTANCE OF 76.63 FEET;
535- 11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A
536- DISTANCE OF 547.10 FEET;
537- 12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A
538- DISTANCE OF 174.23 FEET;
539- 13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A
540- DISTANCE OF 417.50 FEET;
541- 14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A
542- DISTANCE OF 225.22 FEET;
543- 15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A
544- DISTANCE OF 93.57 FEET;
545- 16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A
546- DISTANCE OF 330.11 FEET;
547- 17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A
548- DISTANCE OF 674.49 FEET;
549- 18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A
550- DISTANCE OF 100.20 FEET;
551- 19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A
552- DISTANCE OF 116.40 FEET;
553- 20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A
554- DISTANCE OF 228.98 FEET;
555- 21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A
556- DISTANCE OF 271.35 FEET;
557- 22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A
558- DISTANCE OF 326.84 FEET;
559- 23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A
560- DISTANCE OF 93.18 FEET;
561- 24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A
562- DISTANCE OF 274.65 FEET;
563- 25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A
564- DISTANCE OF 129.80 FEET;
565- 26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A
566- DISTANCE OF 155.04 FEET;
567- 27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A
568- DISTANCE OF 459.27 FEET;
569- 28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A
570- DISTANCE OF 101.67 FEET;
571- 29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A
572- DISTANCE OF 160.52 FEET;
573- 30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A
574- DISTANCE OF 218.07 FEET;
575- 31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A
576- DISTANCE OF 110.67 FEET;
577- 32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A
578- DISTANCE OF 111.17 FEET;
579- 33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A
580- DISTANCE OF 205.32 FEET;
581- 34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A
582- DISTANCE OF 175.42 FEET;
583- 35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A
584- DISTANCE OF 81.38 FEET;
585- 36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A
586- DISTANCE OF 180.46 FEET;
587- 37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A
588- DISTANCE OF 348.51 FEET;
589- 38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A
590- DISTANCE OF 80.11 FEET;
591- 39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A
592- DISTANCE OF 157.91 FEET;
593- 40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A
594- DISTANCE OF 188.37 FEET;
595- 41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A
596- DISTANCE OF 190.40 FEET;
597- 42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A
598- DISTANCE OF 165.30 FEET;
599- 43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A
600- DISTANCE OF 253.82 FEET;
601- 44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A
602- DISTANCE OF 135.83 FEET;
603- 45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A
604- DISTANCE OF 149.30 FEET;
605- 46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A
606- DISTANCE OF 518.33 FEET;
607- 47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A
608- DISTANCE OF 329.19 FEET;
609- 48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A
610- DISTANCE OF 195.08 FEET;
611- 49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A
612- DISTANCE OF 403.76 FEET;
613- 50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A
614- DISTANCE OF 144.04 FEET;
615- 51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A
616- DISTANCE OF 91.78 FEET;
617- 52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A
618- DISTANCE OF 322.95 FEET;
619- 53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A
620- DISTANCE OF 167.15 FEET;
621- 54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A
622- DISTANCE OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST
623- LINE OF SAID CLEAR CREEK RIDGE TRACT;
487+ NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955
488+ AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127,
489+ PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN SET FOR
490+ CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN
491+ VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT DESCRIBED IN A
492+ DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE 567, REAL PROPERTY
493+ RECORDS, DENTON COUNTY, TEXAS;
494+ THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A WEST
495+ LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1951 AND
496+ AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02 FEET TO A
497+ 1/2 INCH IRON PIN SET FOR CORNER;
498+ THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS:
499+ 1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A DISTANCE
500+ OF 110.80 FEET;
501+ 2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A DISTANCE
502+ OF 278.21 FEET;
503+ 3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A DISTANCE
504+ OF 415.87 FEET;
505+ 4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A DISTANCE
506+ OF 604.83 FEET;
507+ 5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A DISTANCE
508+ OF 410.80 FEET;
509+ 6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A DISTANCE
510+ OF 82.37 FEET;
511+ 7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A DISTANCE
512+ OF 75.16 FEET;
513+ 8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A DISTANCE
514+ OF 49.39 FEET;
515+ 9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A DISTANCE
516+ OF 308.38 FEET;
517+ 10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
518+ OF 76.63 FEET;
519+ 11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE
520+ OF 547.10 FEET;
521+ 12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A DISTANCE
522+ OF 174.23 FEET;
523+ 13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A DISTANCE
524+ OF 417.50 FEET;
525+ 14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A DISTANCE
526+ OF 225.22 FEET;
527+ 15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A DISTANCE
528+ OF 93.57 FEET;
529+ 16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE
530+ OF 330.11 FEET;
531+ 17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A DISTANCE
532+ OF 674.49 FEET;
533+ 18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A DISTANCE
534+ OF 100.20 FEET;
535+ 19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE
536+ OF 116.40 FEET;
537+ 20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A DISTANCE
538+ OF 228.98 FEET;
539+ 21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A DISTANCE
540+ OF 271.35 FEET;
541+ 22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A DISTANCE
542+ OF 326.84 FEET;
543+ 23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A DISTANCE
544+ OF 93.18 FEET;
545+ 24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE
546+ OF 274.65 FEET;
547+ 25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A DISTANCE
548+ OF 129.80 FEET;
549+ 26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A DISTANCE
550+ OF 155.04 FEET;
551+ 27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A DISTANCE
552+ OF 459.27 FEET;
553+ 28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A DISTANCE
554+ OF 101.67 FEET;
555+ 29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE
556+ OF 160.52 FEET;
557+ 30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A DISTANCE
558+ OF 218.07 FEET;
559+ 31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE
560+ OF 110.67 FEET;
561+ 32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A DISTANCE
562+ OF 111.17 FEET;
563+ 33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE
564+ OF 205.32 FEET;
565+ 34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A DISTANCE
566+ OF 175.42 FEET;
567+ 35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE
568+ OF 81.38 FEET;
569+ 36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A DISTANCE
570+ OF 180.46 FEET;
571+ 37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A DISTANCE
572+ OF 348.51 FEET;
573+ 38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE
574+ OF 80.11 FEET;
575+ 39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A DISTANCE
576+ OF 157.91 FEET;
577+ 40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE
578+ OF 188.37 FEET;
579+ 41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A DISTANCE
580+ OF 190.40 FEET;
581+ 42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A DISTANCE
582+ OF 165.30 FEET;
583+ 43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A DISTANCE
584+ OF 253.82 FEET;
585+ 44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE
586+ OF 135.83 FEET;
587+ 45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A DISTANCE
588+ OF 149.30 FEET;
589+ 46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A DISTANCE
590+ OF 518.33 FEET;
591+ 47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A DISTANCE
592+ OF 329.19 FEET;
593+ 48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A DISTANCE
594+ OF 195.08 FEET;
595+ 49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A DISTANCE
596+ OF 403.76 FEET;
597+ 50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A DISTANCE
598+ OF 144.04 FEET;
599+ 51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A DISTANCE
600+ OF 91.78 FEET;
601+ 52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A DISTANCE
602+ OF 322.95 FEET;
603+ 53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE
604+ OF 167.15 FEET;
605+ 54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A DISTANCE
606+ OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST LINE OF SAID
607+ CLEAR CREEK RIDGE TRACT;
624608 THENCE SOUTH 00 DEGREES 52 MINUTES 17 SECONDS EAST WITH AN
625- EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE
626- 1955, A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND
627- CONTAINING IN ALL 535.703 ACRES OF LAND.
628- (c) Section 4001.0311, Special District Local Laws Code,
629- as added by Subsection (a) of this section, takes effect only if
630- this Act receives a two-thirds vote of all the members elected to
631- each house.
609+ EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955,
610+ A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND CONTAINING
611+ IN ALL 535.703 ACRES OF LAND.
612+ (c) Section 4001.0311, Special District Local Laws Code, as
613+ added by Subsection (a) of this section, takes effect only if this
614+ Act receives a two-thirds vote of all the members elected to each
615+ house.
632616 (d) If the Act enacting this section does not receive a
633617 two-thirds vote of all the members elected to each house,
634618 Subchapter C, Chapter 4001, Special District Local Laws Code, as
635619 added by Subsection (a) of this section, is amended by adding
636620 Section 4001.0311 to read as follows:
637- Sec. 4001.0311. NO EMINENT DOMAIN POWER. The district
638- may not exercise the power of eminent domain.
639- SECTION 4. (a) Subtitle F, Title 6, Special District
640- Local Laws Code, is amended by adding Chapter 7962 to read as
641- follows:
621+ Sec. 4001.0311. NO EMINENT DOMAIN POWER. The district may
622+ not exercise the power of eminent domain.
623+ SECTION 4. (a) Subtitle F, Title 6, Special District Local
624+ Laws Code, is amended by adding Chapter 7962 to read as follows:
642625 CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1
643626 SUBCHAPTER A. GENERAL PROVISIONS
644627 Sec. 7962.0101. DEFINITIONS. In this chapter:
645628 (1) "Board" means the district's board of directors.
646629 (2) "Commission" means the Texas Commission on
647630 Environmental Quality.
648631 (3) "Director" means a board member.
649632 (4) "District" means the Jarrell Estates Municipal
650633 Utility District No. 1.
651634 Sec. 7962.0102. NATURE OF DISTRICT. The district is a
652- municipal utility district created under Section 59, Article
653- XVI, Texas Constitution.
635+ municipal utility district created under Section 59, Article XVI,
636+ Texas Constitution.
654637 Sec. 7962.0103. CONFIRMATION AND DIRECTORS' ELECTION
655638 REQUIRED. The temporary directors shall hold an election to
656639 confirm the creation of the district and to elect five permanent
657640 directors as provided by Section 49.102, Water Code.
658641 Sec. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The
659642 temporary directors may not hold an election under Section
660643 7962.0103 until each municipality in whose corporate limits or
661644 extraterritorial jurisdiction the district is located has
662645 consented by ordinance or resolution to the creation of the
663646 district and to the inclusion of land in the district.
664647 Sec. 7962.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
665- (a) The district is created to serve a public purpose and
666- benefit.
667- (b) The district is created to accomplish the purposes
668- of:
648+ (a) The district is created to serve a public purpose and benefit.
649+ (b) The district is created to accomplish the purposes of:
669650 (1) a municipal utility district as provided by
670651 general law and Section 59, Article XVI, Texas Constitution; and
671- (2) Section 52, Article III, Texas Constitution,
672- that relate to the construction, acquisition, improvement,
673- operation, or maintenance of macadamized, graveled, or paved
674- roads, or improvements, including storm drainage, in aid of those
675- roads.
652+ (2) Section 52, Article III, Texas Constitution, that
653+ relate to the construction, acquisition, improvement, operation,
654+ or maintenance of macadamized, graveled, or paved roads, or
655+ improvements, including storm drainage, in aid of those roads.
676656 Sec. 7962.0106. INITIAL DISTRICT TERRITORY. (a) The
677657 district is initially composed of the territory described by
678658 Section 4(b) of the Act enacting this chapter.
679- (b) The boundaries and field notes contained in Section
680- 4(b) of the Act enacting this chapter form a closure. A mistake
681- made in the field notes or in copying the field notes in the
682- legislative process does not affect the district's:
659+ (b) The boundaries and field notes contained in Section 4(b)
660+ of the Act enacting this chapter form a closure. A mistake made in
661+ the field notes or in copying the field notes in the legislative
662+ process does not affect the district's:
683663 (1) organization, existence, or validity;
684664 (2) right to issue any type of bond for the purposes
685665 for which the district is created or to pay the principal of and
686666 interest on a bond;
687667 (3) right to impose a tax; or
688668 (4) legality or operation.
689669 SUBCHAPTER B. BOARD OF DIRECTORS
690- Sec. 7962.0201. GOVERNING BODY; TERMS. (a) The district
691- is governed by a board of five elected directors.
670+ Sec. 7962.0201. GOVERNING BODY; TERMS. (a) The district is
671+ governed by a board of five elected directors.
692672 (b) Except as provided by Section 7962.0202, directors
693673 serve staggered four-year terms.
694674 Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary
695675 board consists of:
696676 (1) Jake Newman;
697677 (2) Davis Craig;
698678 (3) Brad Harwick;
699679 (4) LouAnn Covington; and
700680 (5) Stephen Fowler.
701681 (b) Temporary directors serve until the earlier of:
702682 (1) the date permanent directors are elected under
703683 Section 7962.0103; or
704684 (2) the fourth anniversary of the effective date of
705685 the Act enacting this chapter.
706686 (c) If permanent directors have not been elected under
707687 Section 7962.0103 and the terms of the temporary directors have
708688 expired, successor temporary directors shall be appointed or
709689 reappointed as provided by Subsection (d) to serve terms that
710690 expire on the earlier of:
711691 (1) the date permanent directors are elected under
712692 Section 7962.0103; or
713693 (2) the fourth anniversary of the date of the
714694 appointment or reappointment.
715695 (d) If Subsection (c) applies, the owner or owners of a
716- majority of the assessed value of the real property in the
717- district may submit a petition to the commission requesting that
718- the commission appoint as successor temporary directors the five
696+ majority of the assessed value of the real property in the district
697+ may submit a petition to the commission requesting that the
698+ commission appoint as successor temporary directors the five
719699 persons named in the petition. The commission shall appoint as
720700 successor temporary directors the five persons named in the
721701 petition.
722702 SUBCHAPTER C. POWERS AND DUTIES
723703 Sec. 7962.0301. GENERAL POWERS AND DUTIES. The district
724- has the powers and duties necessary to accomplish the purposes
725- for which the district is created.
704+ has the powers and duties necessary to accomplish the purposes for
705+ which the district is created.
726706 Sec. 7962.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
727707 DUTIES. The district has the powers and duties provided by the
728- general law of this state, including Chapters 49 and 54, Water
729- Code, applicable to municipal utility districts created under
730- Section 59, Article XVI, Texas Constitution.
731- Sec. 7962.0303. AUTHORITY FOR ROAD PROJECTS. Under
732- Section 52, Article III, Texas Constitution, the district may
733- design, acquire, construct, finance, issue bonds for, improve,
734- operate, maintain, and convey to this state, a county, or a
735- municipality for operation and maintenance macadamized,
736- graveled, or paved roads, or improvements, including storm
737- drainage, in aid of those roads.
708+ general law of this state, including Chapters 49 and 54, Water Code,
709+ applicable to municipal utility districts created under Section 59,
710+ Article XVI, Texas Constitution.
711+ Sec. 7962.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
712+ 52, Article III, Texas Constitution, the district may design,
713+ acquire, construct, finance, issue bonds for, improve, operate,
714+ maintain, and convey to this state, a county, or a municipality for
715+ operation and maintenance macadamized, graveled, or paved roads, or
716+ improvements, including storm drainage, in aid of those roads.
738717 Sec. 7962.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
739718 road project must meet all applicable construction standards,
740719 zoning and subdivision requirements, and regulations of each
741720 municipality in whose corporate limits or extraterritorial
742721 jurisdiction the road project is located.
743- (b) If a road project is not located in the corporate
744- limits or extraterritorial jurisdiction of a municipality, the
745- road project must meet all applicable construction standards,
746- subdivision requirements, and regulations of each county in
747- which the road project is located.
722+ (b) If a road project is not located in the corporate limits
723+ or extraterritorial jurisdiction of a municipality, the road
724+ project must meet all applicable construction standards,
725+ subdivision requirements, and regulations of each county in which
726+ the road project is located.
748727 (c) If the state will maintain and operate the road, the
749728 Texas Transportation Commission must approve the plans and
750729 specifications of the road project.
751- Sec. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS.
752- Any water, sanitary sewer, road, drainage, or other
753- infrastructure or public facilities constructed, acquired,
754- improved, maintained, or operated by the district shall comply
755- with any subdivision or other applicable regulations of any
756- municipality in whose corporate limits or extraterritorial
757- jurisdiction the infrastructure or public facilities are located
758- unless other regulations are specified in a development
759- agreement between the district and the municipality.
730+ Sec. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
731+ water, sanitary sewer, road, drainage, or other infrastructure or
732+ public facilities constructed, acquired, improved, maintained, or
733+ operated by the district shall comply with any subdivision or other
734+ applicable regulations of any municipality in whose corporate
735+ limits or extraterritorial jurisdiction the infrastructure or
736+ public facilities are located unless other regulations are
737+ specified in a development agreement between the district and the
738+ municipality.
760739 Sec. 7962.0306. COMPLIANCE WITH MUNICIPAL CONSENT
761740 ORDINANCE OR RESOLUTION. The district shall comply with all
762741 applicable requirements of any ordinance or resolution that is
763742 adopted under Section 54.016 or 54.0165, Water Code, and that
764- consents to the creation of the district or to the inclusion of
765- land in the district.
766- Sec. 7962.0307. DIVISION OF DISTRICT. (a) The district
767- may be divided into two or more new districts only if the
768- district:
743+ consents to the creation of the district or to the inclusion of land
744+ in the district.
745+ Sec. 7962.0307. DIVISION OF DISTRICT. (a) The district may
746+ be divided into two or more new districts only if the district:
769747 (1) has no outstanding bonded debt; and
770748 (2) is not imposing ad valorem taxes.
771- (b) This chapter applies to any new district created by
772- the division of the district, and a new district has all the
773- powers and duties of the district.
774- (c) Any new district created by the division of the
775- district may not, at the time the new district is created,
776- contain any land outside the area described by Section 4(b) of
777- the Act enacting this chapter.
778- (d) The board, on its own motion or on receipt of a
779- petition signed by the owner or owners of a majority of the
780- assessed value of the real property in the district, may adopt an
781- order dividing the district.
749+ (b) This chapter applies to any new district created by the
750+ division of the district, and a new district has all the powers and
751+ duties of the district.
752+ (c) Any new district created by the division of the district
753+ may not, at the time the new district is created, contain any land
754+ outside the area described by Section 4(b) of the Act enacting this
755+ chapter.
756+ (d) The board, on its own motion or on receipt of a petition
757+ signed by the owner or owners of a majority of the assessed value of
758+ the real property in the district, may adopt an order dividing the
759+ district.
782760 (e) The board may adopt an order dividing the district
783- before or after the date the board holds an election under
784- Section 7962.0103 to confirm the district's creation.
761+ before or after the date the board holds an election under Section
762+ 7962.0103 to confirm the district's creation.
785763 (f) An order dividing the district shall:
786764 (1) name each new district;
787765 (2) include the metes and bounds description of the
788766 territory of each new district;
789- (3) appoint temporary directors for each new
790- district; and
791- (4) provide for the division of assets and
792- liabilities between or among the new districts.
793- (g) On or before the 30th day after the date of adoption
794- of an order dividing the district, the district shall file the
795- order with the commission and record the order in the real
796- property records of each county in which the district is located.
797- (h) Any new district created by the division of the
798- district shall hold a confirmation and directors' election as
799- required by Section 7962.0103. If the voters of a new district do
800- not confirm the creation of the new district, the assets,
801- obligations, territory, and governance of the new district
802- revert to the original district.
767+ (3) appoint temporary directors for each new district;
768+ and
769+ (4) provide for the division of assets and liabilities
770+ between or among the new districts.
771+ (g) On or before the 30th day after the date of adoption of
772+ an order dividing the district, the district shall file the order
773+ with the commission and record the order in the real property
774+ records of each county in which the district is located.
775+ (h) Any new district created by the division of the district
776+ shall hold a confirmation and directors' election as required by
777+ Section 7962.0103. If the voters of a new district do not confirm
778+ the creation of the new district, the assets, obligations,
779+ territory, and governance of the new district revert to the
780+ original district.
803781 (i) If the creation of the new district is confirmed, the
804782 new district shall provide the election date and results to the
805783 commission.
806- (j) Municipal consent to the creation of the district and
807- to the inclusion of land in the district granted under Section
784+ (j) Municipal consent to the creation of the district and to
785+ the inclusion of land in the district granted under Section
808786 7962.0104 acts as municipal consent to the creation of any new
809787 district created by the division of the district and to the
810788 inclusion of land in the new district.
811- (k) Any new district created by the division of the
812- district must hold an election as required by this chapter to
813- obtain voter approval before the district may impose a
814- maintenance tax or issue bonds payable wholly or partly from ad
815- valorem taxes.
789+ (k) Any new district created by the division of the district
790+ must hold an election as required by this chapter to obtain voter
791+ approval before the district may impose a maintenance tax or issue
792+ bonds payable wholly or partly from ad valorem taxes.
816793 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
817794 Sec. 7962.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
818795 The district may issue, without an election, bonds and other
819796 obligations secured by:
820797 (1) revenue other than ad valorem taxes; or
821- (2) contract payments described by Section
822- 7962.0403.
798+ (2) contract payments described by Section 7962.0403.
823799 (b) The district must hold an election in the manner
824- provided by Chapters 49 and 54, Water Code, to obtain voter
825- approval before the district may impose an ad valorem tax or
826- issue bonds payable from ad valorem taxes.
827- (c) The district may not issue bonds payable from ad
828- valorem taxes to finance a road project unless the issuance is
829- approved by a vote of a two-thirds majority of the district
830- voters voting at an election held for that purpose.
800+ provided by Chapters 49 and 54, Water Code, to obtain voter approval
801+ before the district may impose an ad valorem tax or issue bonds
802+ payable from ad valorem taxes.
803+ (c) The district may not issue bonds payable from ad valorem
804+ taxes to finance a road project unless the issuance is approved by a
805+ vote of a two-thirds majority of the district voters voting at an
806+ election held for that purpose.
831807 Sec. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If
832808 authorized at an election held under Section 7962.0401, the
833809 district may impose an operation and maintenance tax on taxable
834810 property in the district in accordance with Section 49.107, Water
835811 Code.
836- (b) The board shall determine the tax rate. The rate may
837- not exceed the rate approved at the election.
812+ (b) The board shall determine the tax rate. The rate may not
813+ exceed the rate approved at the election.
838814 (c) Section 49.107(f), Water Code, does not apply to
839- reimbursements for projects constructed or acquired under
840- Section 7962.0303.
815+ reimbursements for projects constructed or acquired under Section
816+ 7962.0303.
841817 Sec. 7962.0403. CONTRACT TAXES. (a) In accordance with
842- Section 49.108, Water Code, the district may impose a tax other
843- than an operation and maintenance tax and use the revenue derived
844- from the tax to make payments under a contract after the
845- provisions of the contract have been approved by a majority of
846- the district voters voting at an election held for that purpose.
847- (b) A contract approved by the district voters may
848- contain a provision stating that the contract may be modified or
849- amended by the board without further voter approval.
818+ Section 49.108, Water Code, the district may impose a tax other than
819+ an operation and maintenance tax and use the revenue derived from
820+ the tax to make payments under a contract after the provisions of
821+ the contract have been approved by a majority of the district voters
822+ voting at an election held for that purpose.
823+ (b) A contract approved by the district voters may contain a
824+ provision stating that the contract may be modified or amended by
825+ the board without further voter approval.
850826 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
851827 Sec. 7962.0501. AUTHORITY TO ISSUE BONDS AND OTHER
852828 OBLIGATIONS. The district may issue bonds or other obligations
853829 payable wholly or partly from ad valorem taxes, impact fees,
854- revenue, contract payments, grants, or other district money, or
855- any combination of those sources, to pay for any authorized
856- district purpose.
830+ revenue, contract payments, grants, or other district money, or any
831+ combination of those sources, to pay for any authorized district
832+ purpose.
857833 Sec. 7962.0502. TAXES FOR BONDS. At the time the district
858834 issues bonds payable wholly or partly from ad valorem taxes, the
859835 board shall provide for the annual imposition of a continuing
860- direct ad valorem tax, without limit as to rate or amount, while
861- all or part of the bonds are outstanding as required and in the
862- manner provided by Sections 54.601 and 54.602, Water Code.
836+ direct ad valorem tax, without limit as to rate or amount, while all
837+ or part of the bonds are outstanding as required and in the manner
838+ provided by Sections 54.601 and 54.602, Water Code.
863839 Sec. 7962.0503. BONDS FOR ROAD PROJECTS. At the time of
864- issuance, the total principal amount of bonds or other
865- obligations issued or incurred to finance road projects and
866- payable from ad valorem taxes may not exceed one-fourth of the
867- assessed value of the real property in the district.
840+ issuance, the total principal amount of bonds or other obligations
841+ issued or incurred to finance road projects and payable from ad
842+ valorem taxes may not exceed one-fourth of the assessed value of the
843+ real property in the district.
868844 (b) The Jarrell Estates Municipal Utility District No. 1
869845 initially includes all the territory contained in the following
870846 area:
871- (a) BEGINNING: At a 2" pipe post found in the North line
872- of County Road 232 for the lower Southeast corner of a 649.53 Acre
873- Tract (Document #2004074055, Official Public Records, described
874- in Volume 2520, Page 200 and Volume 2598, Page 457, Official
875- Public Records) and an exterior corner of said 3072.64 Acre Tract
876- and of this tract from which a 2" pipe post found in the South
877- line of said county road for the Northwest corner of a 48.65 Acre
878- Tract (surveyed March 10, 2022) bears S 00° 18' 48" W 56.15 feet;
879- THENCE: Along a fence with the lower East line of said
880- 649.53 Acre Tract and a West line of said 3072.64 Acre Tract and
881- of this tract as follows:
882- N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an
883- angle point;
847+ (a) BEGINNING: At a 2" pipe post found in the North line of
848+ County Road 232 for the lower Southeast corner of a 649.53 Acre
849+ Tract (Document #2004074055, Official Public Records, described in
850+ Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
851+ Records) and an exterior corner of said 3072.64 Acre Tract and of
852+ this tract from which a 2" pipe post found in the South line of said
853+ county road for the Northwest corner of a 48.65 Acre Tract (surveyed
854+ March 10, 2022) bears S 00° 18' 48" W 56.15 feet;
855+ THENCE: Along a fence with the lower East line of said 649.53
856+ Acre Tract and a West line of said 3072.64 Acre Tract and of this
857+ tract as follows:
858+ N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an angle
859+ point;
884860 N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an
885- interior corner of said 649.53 Acre Tract and an exterior corner
886- of said 3072.64 Acre Tract and of this tract;
887- THENCE: Along a fence with the upper South line of said
888- 649.53 Acre Tract and a North line of said 3072.64 Acre Tract and
889- of this tract as follows:
890- N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an
891- angle point;
892- N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an
893- angle point;
861+ interior corner of said 649.53 Acre Tract and an exterior corner of
862+ said 3072.64 Acre Tract and of this tract;
863+ THENCE: Along a fence with the upper South line of said 649.53
864+ Acre Tract and a North line of said 3072.64 Acre Tract and of this
865+ tract as follows:
866+ N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an angle
867+ point;
868+ N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an angle
869+ point;
894870 N 68° 01' 01" E 2635.82 feet to a 100D nail set for the
895- Southeast corner of said 649.53 Acre Tract and an interior corner
896- of said 3072.64 Acre Tract and of this tract;
897- THENCE: Along a fence with the East line of Abstract
898- No. 358, Survey No. 1, and said 649.53 Acre Tract, the lower East
899- line of a 1209.24 Acre Tract (Document #2014012037, Official
900- Public Records), the West line of Survey No. 21, and the upper
901- West line of said 3072.64 Acre Tract and of this tract as follows:
871+ Southeast corner of said 649.53 Acre Tract and an interior corner of
872+ said 3072.64 Acre Tract and of this tract;
873+ THENCE: Along a fence with the East line of Abstract No. 358,
874+ Survey No. 1, and said 649.53 Acre Tract, the lower East line of a
875+ 1209.24 Acre Tract (Document #2014012037, Official Public
876+ Records), the West line of Survey No. 21, and the upper West line of
877+ said 3072.64 Acre Tract and of this tract as follows:
902878 N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an
903879 angle point;
904- N 21° 14' 51" W 877.13 feet to a steel post found for an
905- angle point;
880+ N 21° 14' 51" W 877.13 feet to a steel post found for an angle
881+ point;
906882 N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the
907883 Northeast corner of said 649.53 Acre Tract and an angle point of
908884 this tract;
909- S 69° 04' 53" W 13.57 feet with the North line of said
910- 649.53 Acre Tract to a 3" pipe post found for the Southeast corner
911- of said 1209.24 Acre Tract and an angle point of this tract;
885+ S 69° 04' 53" W 13.57 feet with the North line of said 649.53
886+ Acre Tract to a 3" pipe post found for the Southeast corner of said
887+ 1209.24 Acre Tract and an angle point of this tract;
912888 N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an
913- interior corner of said 1209.24 Acre Tract and the upper
914- Northwest corner of said 3072.64 Acre Tract and of this tract;
889+ interior corner of said 1209.24 Acre Tract and the upper Northwest
890+ corner of said 3072.64 Acre Tract and of this tract;
915891 THENCE: Along a fence with the upper South line of said
916- 1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume
917- 365, Page 115, Deed Records) and the North line of said 3072.64
918- Acre Tract and of this tract as follows:
892+ 1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume 365,
893+ Page 115, Deed Records) and the North line of said 3072.64 Acre
894+ Tract and of this tract as follows:
919895 N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10"
920896 cedar post for the upper Southeast corner of said 1209.24 Acre
921897 Tract, the upper Southwest corner of said 5611 Acre Tract, and an
922898 angle point of this tract;
923899 N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an
924900 angle point;
925- S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6"
926- cedar post for an interior corner of said 5611 Acre Tract and the
927- upper Northeast corner of this tract;
928- S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3"
929- pipe post for an exterior corner of said 5611 Acre Tract and an
930- interior corner of this tract;
901+ S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6" cedar
902+ post for an interior corner of said 5611 Acre Tract and the upper
903+ Northeast corner of this tract;
904+ S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3" pipe
905+ post for an exterior corner of said 5611 Acre Tract and an interior
906+ corner of this tract;
931907 N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an
932908 interior corner of said 5611 Acre Tract and an exterior corner of
933909 this tract;
934910 S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an
935911 angle point;
936912 S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the
937- lower Southwest corner of said 5611 Acre Tract, an interior
938- corner of said 3072.64 Acre Tract, an exterior corner of a
939- 1205.00 Acre Tract (this day surveyed), and an angle point of
913+ lower Southwest corner of said 5611 Acre Tract, an interior corner
914+ of said 3072.64 Acre Tract, an exterior corner of a 1205.00 Acre
915+ Tract (this day surveyed), and an angle point of this tract;
916+ S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to a
917+ 5/8" iron pin set for an interior corner of said 1205.00 Acre Tract
918+ and the upper Southeast corner of this tract;
919+ THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set for
920+ the Northwest corner of said 1205.00 Acre Tract and an interior
921+ corner of this tract;
922+ THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a
923+ 5/8" iron pin set for an angle point of said 1205.00 Acre Tract and
924+ the upper Northwest corner of a 514.30 Acre Tract (this day
925+ surveyed), continuing to a 5/8" iron pin set for an interior corner
926+ of said 514.30 Acre Tract and an exterior corner of this tract;
927+ THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set for
928+ the lower Northwest corner of said 514.30 Acre Tract and the lower
929+ Southwest corner of this tract;
930+ THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the
931+ East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, Page
932+ 859, Deed Records) and the West line of Survey No. 21 to a 1/2" iron
933+ pin found by 10" cedar post for the Northeast corner of Survey
934+ No. 13 and said 195.5 Acre Tract, the Southeast corner of Abstract
935+ No. 358, and an interior corner of said 3072.64 Acre Tract and of
940936 this tract;
941- S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to
942- a 5/8" iron pin set for an interior corner of said 1205.00 Acre
943- Tract and the upper Southeast corner of this tract;
944- THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set
945- for the Northwest corner of said 1205.00 Acre Tract and an
946- interior corner of this tract;
947- THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a
948- 5/8" iron pin set for an angle point of said 1205.00 Acre Tract
949- and the upper Northwest corner of a 514.30 Acre Tract (this day
950- surveyed), continuing to a 5/8" iron pin set for an interior
951- corner of said 514.30 Acre Tract and an exterior corner of this
952- tract;
953- THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set
954- for the lower Northwest corner of said 514.30 Acre Tract and the
955- lower Southwest corner of this tract;
956- THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the
957- East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458,
958- Page 859, Deed Records) and the West line of Survey No. 21 to a
959- 1/2" iron pin found by 10" cedar post for the Northeast corner of
960- Survey No. 13 and said 195.5 Acre Tract, the Southeast corner of
961- Abstract No. 358, and an interior corner of said 3072.64 Acre
937+ THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the
938+ North line of Survey No. 13 and the South line of Abstract No. 358
939+ to a 6" cedar post found for an exterior corner of said 3072.64 Acre
962940 Tract and of this tract;
963- THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the
964- North line of Survey No. 13 and the South line of Abstract
965- No. 358 to a 6" cedar post found for an exterior corner of said
966- 3072.64 Acre Tract and of this tract;
967- THENCE: Along a fence with the East line of said county
968- road and a West line of said 3072.64 Acre Tract and of this tract
969- passing 2" pipe posts found as follows:
941+ THENCE: Along a fence with the East line of said county road
942+ and a West line of said 3072.64 Acre Tract and of this tract passing
943+ 2" pipe posts found as follows:
970944 N 32° 07' 47" W 379.77 feet to an angle point;
971945 N 33° 01' 44" W 321.50 feet to an angle point;
972946 N 50° 45' 25" W 315.12 feet to an angle point;
973947 N 41° 41' 33" W 368.36 feet to an angle point;
974948 N 17° 54' 39" W 267.13 feet to an angle point;
975949 N 22° 26' 20" W 168.35 feet to an angle point;
976950 N 46° 44' 55" W 100.13 feet to an angle point;
977951 N 71° 41' 21" W 102.15 feet to an angle point;
978952 N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING.
979- (b) BEGINNING: At a 5/8" iron pin set under fence in the
980- West line of a 673.33 Acre Tract (Document #2021159264, Official
981- Public Records) and the lower East line of said 3072.64 Acre
982- Tract for the lower Southeast corner of a 1205.00 Acre Tract
983- (this day surveyed) and the lower Northeast corner of this tract
984- from which a 1/2" iron pin found for an angle point of said
985- 1205.00 Acre Tract bears N 20° 43' 12med" W 159.01 feet;
986- THENCE: Along a fence with the West line of said 673.33
987- Acre Tract and the lower East line of said 3072.64 Acre Tract and
988- of this tract as follows:
953+ (b) BEGINNING: At a 5/8" iron pin set under fence in the West
954+ line of a 673.33 Acre Tract (Document #2021159264, Official Public
955+ Records) and the lower East line of said 3072.64 Acre Tract for the
956+ lower Southeast corner of a 1205.00 Acre Tract (this day surveyed)
957+ and the lower Northeast corner of this tract from which a 1/2" iron
958+ pin found for an angle point of said 1205.00 Acre Tract bears N 20°
959+ 43' 12med" W 159.01 feet;
960+ THENCE: Along a fence with the West line of said 673.33 Acre
961+ Tract and the lower East line of said 3072.64 Acre Tract and of this
962+ tract as follows:
989963 S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an
990964 angle point;
991965 S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an
992966 interior corner of said 673.33 Acre Tract, an exterior corner of
993967 said 3072.64 Acre Tract, and the upper Southeast corner of this
994968 tract;
995969 THENCE: Along a fence with the North line of Survey No. 20,
996970 the lower North line of said 673.33 Acre Tract, and the North line
997- of a 30-foot Nature Trail of Spear's Ranch on Salado Creek
998- Section One (Cabinet T, Slides 209 thru 223, Plat Records), and
999- the South line of Survey No. 21, and a South line of this tract as
1000- follows:
1001- S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3"
1002- pipe post for the lower Northwest corner of said 673.33 Acre
1003- Tract, the Northeast corner of said nature trail, and an angle
1004- point of this tract;
971+ of a 30-foot Nature Trail of Spear's Ranch on Salado Creek Section
972+ One (Cabinet T, Slides 209 thru 223, Plat Records), and the South
973+ line of Survey No. 21, and a South line of this tract as follows:
974+ S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3" pipe
975+ post for the lower Northwest corner of said 673.33 Acre Tract, the
976+ Northeast corner of said nature trail, and an angle point of this
977+ tract;
1005978 S 69° 04' 11" W 416.61 feet to an angle point;
1006979 S 69° 08' 40" W 1831.06 feet to an angle point;
1007980 S 68° 48' 01" W 760.40 feet to an angle point;
1008981 S 67° 55' 49" W 1390.64 feet to an angle point;
1009982 S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the
1010- Northwest corner of said nature trail, the Northeast corner of
1011- said 67.66 Acre Tract, and an interior corner of this tract;
1012- THENCE: Along a fence with the West line of said nature
1013- trail, the East line of said 67.66 Acre Tract, and the lower East
1014- line of this tract as follows:
1015- S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26"
1016- Live Oak tree for an angle point;
983+ Northwest corner of said nature trail, the Northeast corner of said
984+ 67.66 Acre Tract, and an interior corner of this tract;
985+ THENCE: Along a fence with the West line of said nature trail,
986+ the East line of said 67.66 Acre Tract, and the lower East line of
987+ this tract as follows:
988+ S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26" Live
989+ Oak tree for an angle point;
1017990 S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an
1018991 angle point;
1019- S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16"
1020- Live Oak tree for an angle point;
992+ S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16" Live
993+ Oak tree for an angle point;
1021994 S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an
1022995 angle point;
1023996 S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an
1024997 angle point;
1025998 S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an
1026999 angle point;
1027- S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18"
1028- Oak tree for an angle point;
1029- S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12"
1030- Live Oak for an angle point;
1031- S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4"
1032- cedar post for an angle point;
1000+ S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18" Oak
1001+ tree for an angle point;
1002+ S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12" Live
1003+ Oak for an angle point;
1004+ S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4" cedar
1005+ post for an angle point;
10331006 S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the
10341007 Northeast corner of the remainder of a 2161.001 Acre Tract
10351008 (Document #2000028918, Official Public Records), the Southeast
1036- corner of said 67.66 Acre Tract, and the lower Southeast corner
1037- of this tract;
1009+ corner of said 67.66 Acre Tract, and the lower Southeast corner of
1010+ this tract;
10381011 THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2"
1039- iron pin found by 10" creosote post for the Northwest corner of
1040- the remainder of said 2161.001 Acre Tract, the Southwest corner
1041- of said 67.66 Acre Tract, and the lower Southwest corner of this
1042- tract;
1012+ iron pin found by 10" creosote post for the Northwest corner of the
1013+ remainder of said 2161.001 Acre Tract, the Southwest corner of said
1014+ 67.66 Acre Tract, and the lower Southwest corner of this tract;
10431015 THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the
10441016 East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255,
10451017 Page 742, Official Public Records) and the West line of Survey
10461018 No. 20 to a 1/2" iron pin found by 8" creosote post for the
1047- Northeast corner of said 106.95 Acre Tract, an angle point of
1048- said 67.66 Acre Tract, an exterior corner of said 3072.64 Acre
1049- Tract, and an interior corner of this tract;
1050- THENCE: Along a fence with the North line of said 106.95
1051- Acre Tract and a South line of said 3072.64 Acre Tract and of this
1052- tract as follows:
1019+ Northeast corner of said 106.95 Acre Tract, an angle point of said
1020+ 67.66 Acre Tract, an exterior corner of said 3072.64 Acre Tract, and
1021+ an interior corner of this tract;
1022+ THENCE: Along a fence with the North line of said 106.95 Acre
1023+ Tract and a South line of said 3072.64 Acre Tract and of this tract
1024+ as follows:
10531025 S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an
10541026 angle point;
10551027 S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an
10561028 angle point;
10571029 S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an
10581030 angle point;
1059- N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an
1060- angle point;
1061- N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2"
1062- pipe post for an angle point;
1063- S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2"
1064- pipe post for an angle point;
1065- S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an
1066- angle point;
1067- S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an
1068- angle point;
1031+ N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an angle
1032+ point;
1033+ N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2" pipe
1034+ post for an angle point;
1035+ S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2" pipe
1036+ post for an angle point;
1037+ S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an angle
1038+ point;
1039+ S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an angle
1040+ point;
10691041 S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the
1070- Northwest corner of said 106.95 Acre Tract and an exterior corner
1071- of said 3072.64 Acre Tract and of this tract;
1042+ Northwest corner of said 106.95 Acre Tract and an exterior corner of
1043+ said 3072.64 Acre Tract and of this tract;
10721044 THENCE: Along a fence with the East line of County Road 232
10731045 and a West line of said 3072.64 Acre Tract and of this tract as
10741046 follows:
10751047 N 19° 17' 35" E 134.40 feet to an angle point;
10761048 N 24° 00' 25" W 138.58 feet to an angle point;
1077- N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2"
1078- pipe post for an angle point;
1049+ N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2" pipe
1050+ post for an angle point;
10791051 N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South
1080- terminus of a 50-foot Road Easement (this day surveyed),
1081- continuing to an angle point;
1052+ terminus of a 50-foot Road Easement (this day surveyed), continuing
1053+ to an angle point;
10821054 N 44° 04' 25" W 261.31 feet to an angle point;
1083- N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an
1084- angle point;
1055+ N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an angle
1056+ point;
10851057 N 14° 32' 04" W 211.93 feet to an angle point;
10861058 N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the
10871059 South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed
10881060 Records) and an exterior corner of said 3072.64 Acre Tract and of
10891061 this tract;
10901062 THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10"
1091- cedar post found for the Southeast corner of said 195.5 Acre
1092- Tract and an interior corner of said 3072.64 Acre Tract and of
1093- this tract;
1063+ cedar post found for the Southeast corner of said 195.5 Acre Tract
1064+ and an interior corner of said 3072.64 Acre Tract and of this tract;
10941065 THENCE: N 20° 44' 59" W 702.86 feet along a fence with the
10951066 East line of Survey No. 13 and said 195.5 Acre Tract and the West
1096- line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron
1097- pin set for an exterior corner of a 1419.57 Acre Tract (this day
1067+ line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron pin
1068+ set for an exterior corner of a 1419.57 Acre Tract (this day
10981069 surveyed) and the lower Northwest corner of this tract;
1099- THENCE: Crossing said 3072.64 Acre Tract with the North
1100- line of this tract as follows:
1070+ THENCE: Crossing said 3072.64 Acre Tract with the North line
1071+ of this tract as follows:
11011072 N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the
11021073 lower Southeast corner of said 1419.57 Acre Tract and an interior
11031074 corner of this tract;
1104- N 21° 02' 32" W 2598.17 feet with the lower East line of
1105- said 1419.57 Acre Tract to a 5/8" iron pin set for an angle point
1106- of said 1205.00 Acre Tract and the upper Northwest corner of this
1107- tract;
1075+ N 21° 02' 32" W 2598.17 feet with the lower East line of said
1076+ 1419.57 Acre Tract to a 5/8" iron pin set for an angle point of said
1077+ 1205.00 Acre Tract and the upper Northwest corner of this tract;
11081078 Continuing with the North line of this tract and the South
11091079 line of said 1205.00 Acre Tract as follows:
11101080 S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North
11111081 terminus of said road easement, continuing to a 5/8" iron pin set
11121082 for an angle point;
11131083 N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an
1114- interior corner of said 1205.00 Acre Tract and the upper
1115- Northeast corner of this tract;
1084+ interior corner of said 1205.00 Acre Tract and the upper Northeast
1085+ corner of this tract;
11161086 S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the
1117- Southwest corner of said 1205.00 Acre Tract and an interior
1118- corner of this tract;
1087+ Southwest corner of said 1205.00 Acre Tract and an interior corner
1088+ of this tract;
11191089 N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING.
1120- (c) BEGINNING: At a 1/2" iron pin found in the West line
1121- of County Road 232 and the South line of a 195.5 Acre Tract
1122- (Volume 2458, Page 859, Deed Records) for the Northeast corner of
1123- this tract from which a 1/2" iron pin found in the East line of
1124- said county road for an exterior corner of a 514.30 Acre Tract
1125- (this day surveyed) bears N 68° 50' 18" E 54.24 feet;
1126- THENCE: With the West line of said road and the East line
1127- of this tract passing 1/2" iron pins found as follows:
1090+ (c) BEGINNING: At a 1/2" iron pin found in the West line of
1091+ County Road 232 and the South line of a 195.5 Acre Tract (Volume
1092+ 2458, Page 859, Deed Records) for the Northeast corner of this tract
1093+ from which a 1/2" iron pin found in the East line of said county road
1094+ for an exterior corner of a 514.30 Acre Tract (this day surveyed)
1095+ bears N 68° 50' 18" E 54.24 feet;
1096+ THENCE: With the West line of said road and the East line of
1097+ this tract passing 1/2" iron pins found as follows:
11281098 S 04° 49' 16" E 455.90 feet to an angle point;
11291099 S 14° 52' 48" E 238.88 feet to an angle point;
11301100 S 44° 15' 55" E 602.34 feet to an angle point;
11311101 S 44° 13' 37" E 256.82 feet to an angle point;
11321102 S 39° 27' 01" E 248.02 feet to an angle point;
11331103 S 38° 18' 33" E 658.46 feet to an angle point;
11341104 S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the
11351105 Southeast corner of this tract;
1136- THENCE: With the North line of said county road and the
1137- South line of this tract as follows:
1138- S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an
1139- angle point;
1140- S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an
1141- angle point;
1106+ THENCE: With the North line of said county road and the South
1107+ line of this tract as follows:
1108+ S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an angle
1109+ point;
1110+ S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an angle
1111+ point;
11421112 S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an
11431113 angle point;
11441114 S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an
11451115 angle point;
1146- S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an
1147- angle point;
1148- S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2"
1149- pipe post, continuing to the Southwest corner of this tract;
1150- THENCE: Along the center of North Salado Creek with the
1151- East line of a 12.00 Acre Tract (Document #2020075231, Official
1152- Public Records) and a 124.74 Acre Tract (Document #2016095553,
1153- Official Public Records) and the West line of this tract as
1154- follows:
1116+ S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an angle
1117+ point;
1118+ S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2" pipe
1119+ post, continuing to the Southwest corner of this tract;
1120+ THENCE: Along the center of North Salado Creek with the East
1121+ line of a 12.00 Acre Tract (Document #2020075231, Official Public
1122+ Records) and a 124.74 Acre Tract (Document #2016095553, Official
1123+ Public Records) and the West line of this tract as follows:
11551124 N 41° 03' 59" W 131.42 feet to an angle point;
11561125 N 11° 53' 19" W 40.63 feet to an angle point;
11571126 N 76° 36' 27" W 45.17 feet to an angle point;
11581127 N 30° 48' 05" W 126.68 feet to an angle point;
11591128 N 78° 57' 33" W 87.41 feet to an angle point;
11601129 N 12° 44' 59" E 79.02 feet to an angle point;
11611130 N 11° 00' 13" W 73.47 feet to an angle point;
11621131 S 88° 36' 10" W 82.16 feet to an angle point;
11631132 N 66° 02' 15" W 98.65 feet to an angle point;
11641133 N 06° 27' 32" W 106.86 feet to an angle point;
11651134 N 30° 17' 17" E 145.33 feet to an angle point;
11661135 N 03° 28' 06" W 75.42 feet to an angle point;
11671136 N 37° 44' 59" W 146.89 feet to an angle point;
11681137 N 63° 26' 06" W 145.44 feet to an angle point;
11691138 N 38° 31' 49" W 136.06 feet to an angle point;
11701139 N 12° 39' 09" W 86.38 feet to an angle point;
11711140 N 04° 05' 08" W 70.68 feet to an angle point;
11721141 S 86° 18' 31" W 52.15 feet to an angle point;
11731142 N 76° 52' 51" W 106.01 feet to an angle point;
11741143 N 12° 38' 00" W 83.15 feet to an angle point;
11751144 N 23° 29' 55" W 105.25 feet to an angle point;
11761145 N 10° 37' 11" E 136.64 feet to an angle point;
11771146 N 04° 47' 52" W 86.56 feet to an angle point;
11781147 N 34° 45' 21" W 139.44 feet to an angle point;
11791148 N 06° 54' 40" W 77.72 feet to an angle point;
11801149 N 17° 40' 47" E 51.12 feet to an angle point;
11811150 N 52° 40' 44" E 193.31 feet to an angle point;
11821151 N 18° 45' 31" E 85.20 feet to an angle point;
11831152 N 23° 41' 26" W 105.23 feet to an angle point;
11841153 N 86° 35' 59" W 152.93 feet to an angle point;
11851154 N 60° 31' 27" W 77.06 feet to an angle point;
11861155 N 30° 15' 23" W 81.04 feet to an angle point;
11871156 N 67° 37' 12" W 107.25 feet to an angle point;
11881157 S 79° 56' 22" W 183.67 feet to an angle point;
11891158 N 73° 48' 39" W 94.15 feet to an angle point;
11901159 S 88° 10' 54" W 91.93 feet to an angle point;
11911160 N 53° 44' 46" W 180.85 feet to an angle point;
11921161 N 74° 50' 45" W 120.88 feet to an angle point;
11931162 N 39° 12' 26" W 60.40 feet to the Southwest corner of said
11941163 195.5 Acre Tract and the Northwest corner of this tract;
11951164 THENCE: N 68° 20' 39" E 1386.29 feet with the South line of
11961165 said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump,
11971166 continuing along a fence to the POINT OF BEGINNING.
1198- (d) BEGINNING: At a 2" pipe post found in the South line
1199- of County Road 232 and the lower East line of a 649.53 Acre Tract
1167+ (d) BEGINNING: At a 2" pipe post found in the South line of
1168+ County Road 232 and the lower East line of a 649.53 Acre Tract
12001169 (Document # #2004074055, Official Public Records, described in
12011170 Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
1202- Records) for the Northwest corner of this tract from which a 2"
1203- pipe post found in the North line of said county road for the
1204- upper Southwest corner of a 1419.57 Acre Tract (this day
1205- surveyed) bears N 00° 18' 48" E 56.15 feet;
1171+ Records) for the Northwest corner of this tract from which a 2" pipe
1172+ post found in the North line of said county road for the upper
1173+ Southwest corner of a 1419.57 Acre Tract (this day surveyed) bears N
1174+ 00° 18' 48" E 56.15 feet;
12061175 THENCE: Along a fence with the South and West line of said
12071176 county road and the North and East line of this tract as follows:
12081177 S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an
12091178 angle point;
1210- S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an
1211- angle point;
1179+ S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an angle
1180+ point;
12121181 S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an
12131182 angle point;
12141183 S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an
12151184 angle point;
12161185 S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an
12171186 angle point;
12181187 S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an
12191188 angle point;
12201189 S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the
12211190 Southeast corner of this tract;
12221191 THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the
12231192 North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458,
1224- Page 859, Deed Records) and the South line of Abstract No. 358,
1225- at 1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing
1226- without fence to the Northwest corner of said 195.5 Acre Tract
1227- and the lower Southwest corner of this tract;
1228- THENCE: Along the center of North Salado Creek with the
1229- North line of a 61.80 Acre Tract (Document #2010063430, Official
1230- Public Records) and the South line of this tract as follows:
1193+ Page 859, Deed Records) and the South line of Abstract No. 358, at
1194+ 1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing
1195+ without fence to the Northwest corner of said 195.5 Acre Tract and
1196+ the lower Southwest corner of this tract;
1197+ THENCE: Along the center of North Salado Creek with the North
1198+ line of a 61.80 Acre Tract (Document #2010063430, Official Public
1199+ Records) and the South line of this tract as follows:
12311200 N 02° 31' 01" W 103.87 feet to an angle point;
12321201 N 52° 32' 58" W 74.50 feet to an angle point;
12331202 N 84° 29' 40" W 104.92 feet to an angle point;
12341203 S 85° 34' 16" W 152.08 feet to an angle point;
12351204 N 80° 01' 20" W 218.89 feet to the lower Southeast corner of
12361205 said 649.53 Acre Tract and the Southwest corner of this tract;
12371206 THENCE: With the lower East line of said 649.53 Acre Tract
12381207 and the West line of this tract as follows:
1239- N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2"
1240- pipe post, continuing along a fence to a 12" cedar post found for
1241- an angle point;
1208+ N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2" pipe
1209+ post, continuing along a fence to a 12" cedar post found for an
1210+ angle point;
12421211 N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post
12431212 found for an angle point;
12441213 N 04° 10' 33" W 608.21 feet along a fence to the POINT OF
12451214 BEGINNING.
12461215 (c) If the Act enacting this section does not receive a
12471216 two-thirds vote of all the members elected to each house,
12481217 Subchapter C, Chapter 7962, Special District Local Laws Code, as
12491218 added by Subsection (a) of this section, is amended by adding
12501219 Section 7962.0308 to read as follows:
1251- Sec. 7962.0308. NO EMINENT DOMAIN POWER. The district
1252- may not exercise the power of eminent domain.
1253- (d) Subsection (c) of this section is not intended to be
1254- an expression of a legislative interpretation of the
1255- requirements of Section 17(c), Article I, Texas Constitution.
1256- SECTION 6. (a) Subtitle F, Title 6, Special District
1257- Local Laws Code, is amended by adding Chapter 8010A to read as
1258- follows:
1259- CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT
1260- NO. 49
1220+ Sec. 7962.0308. NO EMINENT DOMAIN POWER. The district may
1221+ not exercise the power of eminent domain.
1222+ (d) Subsection (c) of this section is not intended to be an
1223+ expression of a legislative interpretation of the requirements of
1224+ Section 17(c), Article I, Texas Constitution.
1225+ SECTION 6. (a) Subtitle F, Title 6, Special District Local
1226+ Laws Code, is amended by adding Chapter 8010A to read as follows:
1227+ CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 49
12611228 SUBCHAPTER A. GENERAL PROVISIONS
12621229 Sec. 8010A.0101. DEFINITIONS. In this chapter:
12631230 (1) "Board" means the district's board of directors.
12641231 (2) "Commission" means the Texas Commission on
12651232 Environmental Quality.
12661233 (3) "Director" means a board member.
1267- (4) "District" means the Williamson County
1268- Municipal Utility District No. 49.
1234+ (4) "District" means the Williamson County Municipal
1235+ Utility District No. 49.
12691236 Sec. 8010A.0102. NATURE OF DISTRICT. The district is a
1270- municipal utility district created under Section 59, Article
1271- XVI, Texas Constitution.
1237+ municipal utility district created under Section 59, Article XVI,
1238+ Texas Constitution.
12721239 Sec. 8010A.0103. CONFIRMATION AND DIRECTOR ELECTION
12731240 REQUIRED. The temporary directors shall hold an election to
12741241 confirm the creation of the district and to elect five permanent
12751242 directors as provided by Section 49.102, Water Code.
12761243 Sec. 8010A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
12771244 temporary directors may not hold an election under Section
12781245 8010A.0103 until each municipality in whose corporate limits or
12791246 extraterritorial jurisdiction the district is located has
12801247 consented by ordinance or resolution to the creation of the
1281- district and to the inclusion of land in the district as required
1282- by applicable law.
1283- Sec. 8010A.0105. FINDINGS OF PUBLIC PURPOSE AND
1284- BENEFIT. (a) The district is created to serve a public purpose
1285- and benefit.
1286- (b) The district is created to accomplish the purposes
1287- of:
1248+ district and to the inclusion of land in the district as required by
1249+ applicable law.
1250+ Sec. 8010A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
1251+ (a) The district is created to serve a public purpose and benefit.
1252+ (b) The district is created to accomplish the purposes of:
12881253 (1) a municipal utility district as provided by
12891254 general law and Section 59, Article XVI, Texas Constitution; and
1290- (2) Section 52, Article III, Texas Constitution,
1291- that relate to the construction, acquisition, improvement,
1292- operation, or maintenance of macadamized, graveled, or paved
1293- roads, or improvements, including storm drainage, in aid of those
1294- roads.
1255+ (2) Section 52, Article III, Texas Constitution, that
1256+ relate to the construction, acquisition, improvement, operation,
1257+ or maintenance of macadamized, graveled, or paved roads, or
1258+ improvements, including storm drainage, in aid of those roads.
12951259 Sec. 8010A.0106. INITIAL DISTRICT TERRITORY. (a) The
12961260 district is initially composed of the territory described by
12971261 Section 6(b) of the Act enacting this chapter.
1298- (b) The boundaries and field notes contained in Section
1299- 6(b) of the Act enacting this chapter form a closure. A mistake
1300- made in the field notes or in copying the field notes in the
1301- legislative process does not affect the district's:
1262+ (b) The boundaries and field notes contained in Section 6(b)
1263+ of the Act enacting this chapter form a closure. A mistake made in
1264+ the field notes or in copying the field notes in the legislative
1265+ process does not affect the district's:
13021266 (1) organization, existence, or validity;
13031267 (2) right to issue any type of bond for the purposes
13041268 for which the district is created or to pay the principal of and
13051269 interest on a bond;
13061270 (3) right to impose a tax; or
13071271 (4) legality or operation.
13081272 SUBCHAPTER B. BOARD OF DIRECTORS
1309- Sec. 8010A.0201. GOVERNING BODY; TERMS. (a) The
1310- district is governed by a board of five elected directors.
1273+ Sec. 8010A.0201. GOVERNING BODY; TERMS. (a) The district
1274+ is governed by a board of five elected directors.
13111275 (b) Except as provided by Section 8010A.0202, directors
13121276 serve staggered four-year terms.
1313- Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The
1314- temporary board consists of:
1277+ Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The temporary
1278+ board consists of:
13151279 (1) Mark Tickner;
13161280 (2) Nick Easley;
13171281 (3) Walter Duke;
13181282 (4) Zachary Summers; and
13191283 (5) Noah Terrazas.
13201284 (b) Temporary directors serve until the earlier of:
13211285 (1) the date permanent directors are elected under
13221286 Section 8010A.0103; or
13231287 (2) the fourth anniversary of the effective date of
13241288 the Act enacting this chapter.
13251289 (c) If permanent directors have not been elected under
13261290 Section 8010A.0103 and the terms of the temporary directors have
13271291 expired, successor temporary directors shall be appointed or
13281292 reappointed as provided by Subsection (d) to serve terms that
13291293 expire on the earlier of:
13301294 (1) the date permanent directors are elected under
13311295 Section 8010A.0103; or
13321296 (2) the fourth anniversary of the date of the
13331297 appointment or reappointment.
13341298 (d) If Subsection (c) applies, the owner or owners of a
1335- majority of the assessed value of the real property in the
1336- district may submit a petition to the commission requesting that
1337- the commission appoint as successor temporary directors the five
1299+ majority of the assessed value of the real property in the district
1300+ may submit a petition to the commission requesting that the
1301+ commission appoint as successor temporary directors the five
13381302 persons named in the petition. The commission shall appoint as
13391303 successor temporary directors the five persons named in the
13401304 petition.
13411305 SUBCHAPTER C. POWERS AND DUTIES
1342- Sec. 8010A.0301. GENERAL POWERS AND DUTIES. The
1343- district has the powers and duties necessary to accomplish the
1344- purposes for which the district is created.
1306+ Sec. 8010A.0301. GENERAL POWERS AND DUTIES. The district
1307+ has the powers and duties necessary to accomplish the purposes for
1308+ which the district is created.
13451309 Sec. 8010A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
13461310 DUTIES. The district has the powers and duties provided by the
1347- general law of this state, including Chapters 49 and 54, Water
1348- Code, applicable to municipal utility districts created under
1349- Section 59, Article XVI, Texas Constitution.
1311+ general law of this state, including Chapters 49 and 54, Water Code,
1312+ applicable to municipal utility districts created under Section 59,
1313+ Article XVI, Texas Constitution.
13501314 Sec. 8010A.0303. AUTHORITY FOR ROAD PROJECTS. Under
13511315 Section 52, Article III, Texas Constitution, the district may
13521316 design, acquire, construct, finance, issue bonds for, improve,
13531317 operate, maintain, and convey to this state, a county, or a
1354- municipality for operation and maintenance macadamized,
1355- graveled, or paved roads, or improvements, including storm
1356- drainage, in aid of those roads.
1318+ municipality for operation and maintenance macadamized, graveled,
1319+ or paved roads, or improvements, including storm drainage, in aid
1320+ of those roads.
13571321 Sec. 8010A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
13581322 road project must meet all applicable construction standards,
13591323 zoning and subdivision requirements, and regulations of each
13601324 municipality in whose corporate limits or extraterritorial
13611325 jurisdiction the road project is located.
1362- (b) If a road project is not located in the corporate
1363- limits or extraterritorial jurisdiction of a municipality, the
1364- road project must meet all applicable construction standards,
1365- subdivision requirements, and regulations of each county in
1366- which the road project is located.
1326+ (b) If a road project is not located in the corporate limits
1327+ or extraterritorial jurisdiction of a municipality, the road
1328+ project must meet all applicable construction standards,
1329+ subdivision requirements, and regulations of each county in which
1330+ the road project is located.
13671331 (c) If the state will maintain and operate the road, the
13681332 Texas Transportation Commission must approve the plans and
13691333 specifications of the road project.
13701334 Sec. 8010A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
13711335 ORDINANCE OR RESOLUTION. The district shall comply with all
13721336 applicable requirements of any ordinance or resolution that is
13731337 adopted under Section 54.016 or 54.0165, Water Code, and that
1374- consents to the creation of the district or to the inclusion of
1375- land in the district.
1338+ consents to the creation of the district or to the inclusion of land
1339+ in the district.
13761340 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
1377- Sec. 8010A.0401. ELECTIONS REGARDING TAXES OR BONDS.
1378- (a) The district may issue, without an election, bonds and other
1341+ Sec. 8010A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
1342+ The district may issue, without an election, bonds and other
13791343 obligations secured by:
13801344 (1) revenue other than ad valorem taxes; or
13811345 (2) contract payments described by Section
13821346 8010A.0403.
13831347 (b) The district must hold an election in the manner
1384- provided by Chapters 49 and 54, Water Code, to obtain voter
1385- approval before the district may impose an ad valorem tax or
1386- issue bonds payable from ad valorem taxes.
1387- (c) The district may not issue bonds payable from ad
1388- valorem taxes to finance a road project unless the issuance is
1389- approved by a vote of a two-thirds majority of the district
1390- voters voting at an election held for that purpose.
1348+ provided by Chapters 49 and 54, Water Code, to obtain voter approval
1349+ before the district may impose an ad valorem tax or issue bonds
1350+ payable from ad valorem taxes.
1351+ (c) The district may not issue bonds payable from ad valorem
1352+ taxes to finance a road project unless the issuance is approved by a
1353+ vote of a two-thirds majority of the district voters voting at an
1354+ election held for that purpose.
13911355 Sec. 8010A.0402. OPERATION AND MAINTENANCE TAX. (a) If
13921356 authorized at an election held under Section 8010A.0401, the
13931357 district may impose an operation and maintenance tax on taxable
13941358 property in the district in accordance with Section 49.107, Water
13951359 Code.
1396- (b) The board shall determine the tax rate. The rate may
1397- not exceed the rate approved at the election.
1360+ (b) The board shall determine the tax rate. The rate may not
1361+ exceed the rate approved at the election.
13981362 Sec. 8010A.0403. CONTRACT TAXES. (a) In accordance with
1399- Section 49.108, Water Code, the district may impose a tax other
1400- than an operation and maintenance tax and use the revenue derived
1401- from the tax to make payments under a contract after the
1402- provisions of the contract have been approved by a majority of
1403- the district voters voting at an election held for that purpose.
1404- (b) A contract approved by the district voters may
1405- contain a provision stating that the contract may be modified or
1406- amended by the board without further voter approval.
1363+ Section 49.108, Water Code, the district may impose a tax other than
1364+ an operation and maintenance tax and use the revenue derived from
1365+ the tax to make payments under a contract after the provisions of
1366+ the contract have been approved by a majority of the district voters
1367+ voting at an election held for that purpose.
1368+ (b) A contract approved by the district voters may contain a
1369+ provision stating that the contract may be modified or amended by
1370+ the board without further voter approval.
14071371 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
14081372 Sec. 8010A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
14091373 OBLIGATIONS. The district may issue bonds or other obligations
14101374 payable wholly or partly from ad valorem taxes, impact fees,
1411- revenue, contract payments, grants, or other district money, or
1412- any combination of those sources, to pay for any authorized
1413- district purpose.
1414- Sec. 8010A.0502. TAXES FOR BONDS. At the time the
1415- district issues bonds payable wholly or partly from ad valorem
1416- taxes, the board shall provide for the annual imposition of a
1417- continuing direct ad valorem tax, without limit as to rate or
1418- amount, while all or part of the bonds are outstanding as
1419- required and in the manner provided by Sections 54.601 and
1420- 54.602, Water Code.
1375+ revenue, contract payments, grants, or other district money, or any
1376+ combination of those sources, to pay for any authorized district
1377+ purpose.
1378+ Sec. 8010A.0502. TAXES FOR BONDS. At the time the district
1379+ issues bonds payable wholly or partly from ad valorem taxes, the
1380+ board shall provide for the annual imposition of a continuing
1381+ direct ad valorem tax, without limit as to rate or amount, while all
1382+ or part of the bonds are outstanding as required and in the manner
1383+ provided by Sections 54.601 and 54.602, Water Code.
14211384 Sec. 8010A.0503. BONDS FOR ROAD PROJECTS. At the time of
1422- issuance, the total principal amount of bonds or other
1423- obligations issued or incurred to finance road projects and
1424- payable from ad valorem taxes may not exceed one-fourth of the
1425- assessed value of the real property in the district.
1426- (b) The Williamson County Municipal Utility District
1427- No. 49 initially includes all the territory contained in the
1428- following area:
1385+ issuance, the total principal amount of bonds or other obligations
1386+ issued or incurred to finance road projects and payable from ad
1387+ valorem taxes may not exceed one-fourth of the assessed value of the
1388+ real property in the district.
1389+ (b) The Williamson County Municipal Utility District No. 49
1390+ initially includes all the territory contained in the following
1391+ area:
14291392 TRACT 1:
14301393 A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
14311394 SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
14321395 TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS
1433- FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF
1434- THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT
1435- OF LAND SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23,
1436- ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A
1437- CALLED 60.57 ACRE TRACT CONVEYED TO LETTS FAMILY TRUST BY
1438- INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE DEED RECORDS
1439- OF WILLIAMSON COUNTY, TEXAS. SAID 59.891 ACRE TRACT BEING MORE
1440- FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS
1441- COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH
1442- AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00.:
1396+ FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE
1397+ DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT OF LAND
1398+ SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
1399+ 172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 60.57 ACRE
1400+ TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
1401+ VOLUME 528, PAGE 376 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
1402+ TEXAS. SAID 59.891 ACRE TRACT BEING MORE FULLY DESCRIBED AS
1403+ FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
1404+ ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1405+ 1983 NAD 83 (NA2011) EPOCH 2010.00.:
14431406 BEGINNING at a 1/2" iron rod found in the west right-of-way
14441407 line of County Road 308, said point being the northeast corner of
14451408 said 60.57-acre tract, for the northeast corner and POINT OF
14461409 BEGINNING hereof;
1447- THENCE S 20°52'36" E, with the west right-of-way line of
1448- said County Road 308, same being the east boundary line of said
1449- 60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod
1450- with yellow cap marked "Pape-Dawson" set in the north
1451- right-of-way line of County Road 305, same being the north
1452- boundary line of a called 0.5039 acre tract of land conveyed to
1453- Williamson County, Texas by instrument recorded in Document
1454- No. 9820041 of the Official Public Records of said County, for
1455- the southeast corner hereof;
1410+ THENCE S 20°52'36" E, with the west right-of-way line of said
1411+ County Road 308, same being the east boundary line of said
1412+ 60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod with
1413+ yellow cap marked "Pape-Dawson" set in the north right-of-way line
1414+ of County Road 305, same being the north boundary line of a called
1415+ 0.5039 acre tract of land conveyed to Williamson County, Texas by
1416+ instrument recorded in Document No. 9820041 of the Official Public
1417+ Records of said County, for the southeast corner hereof;
14561418 THENCE S 68°212'37" W, with the north boundary line of said
14571419 0.5039-acre tract, same being the north right-of-way line of said
14581420 County Road 305, through the interior of said 60.57-acre tract, a
1459- distance of 1258.78 feet to a 1/2" iron rod found on a point in
1460- the east boundary line of a called 3.92-acre tract of land
1461- conveyed to Gary R. Sheley and Rosita R. Sheley, by instrument
1462- recorded in Document No. 2009090657 of said Official Public
1463- Records, same being the west boundary line of said 60.57-acre
1464- tract, for the southwest corner hereof;
1465- THENCE N 21°39'56" W, departing the north right-of-way line
1466- of said County Road 305, with, in part, the east boundary lines
1467- of: said 3.92-acre tract, a called 10.00-acre tract of land
1468- conveyed to Dudley K. Bukowsky and Tami Bukowsky by instrument
1469- recorded in Document No. 2008016420 of said Official Public
1470- Records, Lot 5, Bukowsky Subdivision, recorded in Document
1471- No. 2019064044 of said Official Public Records, a called
1472- 10.51-acre tract of land conveyed to Kerry Conaway, Jr., by
1473- instrument recorded in Document No. 2006005509 of said Official
1474- Public Records and a called 10.51-acre tract of land conveyed to
1475- Darral Henderson and Elaine Henderson by instrument recorded in
1476- Document No. 2006032860 of said Official Public Records, a
1477- distance of 2053.57 feet to a 1/2" iron rod with yellow cap marked
1478- "Pape-Dawson" set, for the southwest corner of a called
1479- 60.99-acre tract of land conveyed to Wayne E. Cavalier and Cyndi
1480- Pietan Cavalier, by instrument recorded in Document
1481- No. 2012099245 of said Official Public Records, for the
1421+ distance of 1258.78 feet to a 1/2" iron rod found on a point in the
1422+ east boundary line of a called 3.92-acre tract of land conveyed to
1423+ Gary R. Sheley and Rosita R. Sheley, by instrument recorded in
1424+ Document No. 2009090657 of said Official Public Records, same being
1425+ the west boundary line of said 60.57-acre tract, for the southwest
1426+ corner hereof;
1427+ THENCE N 21°39'56" W, departing the north right-of-way line of
1428+ said County Road 305, with, in part, the east boundary lines of:
1429+ said 3.92-acre tract, a called 10.00-acre tract of land conveyed to
1430+ Dudley K. Bukowsky and Tami Bukowsky by instrument recorded in
1431+ Document No. 2008016420 of said Official Public Records, Lot 5,
1432+ Bukowsky Subdivision, recorded in Document No. 2019064044 of said
1433+ Official Public Records, a called 10.51-acre tract of land conveyed
1434+ to Kerry Conaway, Jr., by instrument recorded in Document
1435+ No. 2006005509 of said Official Public Records and a called
1436+ 10.51-acre tract of land conveyed to Darral Henderson and Elaine
1437+ Henderson by instrument recorded in Document No. 2006032860 of said
1438+ Official Public Records, a distance of 2053.57 feet to a 1/2" iron
1439+ rod with yellow cap marked "Pape-Dawson" set, for the southwest
1440+ corner of a called 60.99-acre tract of land conveyed to Wayne E.
1441+ Cavalier and Cyndi Pietan Cavalier, by instrument recorded in
1442+ Document No. 2012099245 of said Official Public Records, for the
14821443 northwest corner hereof;
14831444 THENCE N 68°48'58" E, with the south boundary line of said
14841445 60.99-acre tract, same being the north boundary line of said
14851446 60.57-acre tract, a distance of 1286.98 feet to the POINT OF
1486- BEGINNING and containing 59.891 acres of land in Williamson
1487- County, Texas. Said tract being described in accordance with a
1488- survey prepared by Pape Dawson Engineers, Inc. under Job
1489- No. 51303-00.
1447+ BEGINNING and containing 59.891 acres of land in Williamson County,
1448+ Texas. Said tract being described in accordance with a survey
1449+ prepared by Pape Dawson Engineers, Inc. under Job No. 51303-00.
14901450 TRACT 2:
14911451 A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
14921452 SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
1493- TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS
1494- FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF
1495- THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE
1496- TRACT OF LAND SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO.
1497- 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A
1498- CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY TRUST BY
1499- INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED RECORDS
1500- OF WILLIAMSON COUNTY, TEXAS, SAID 110.720 ACRE TRACT BEING MORE
1501- FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS
1502- COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH
1503- AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00.:
1453+ TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY
1454+ TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED
1455+ RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE TRACT OF LAND
1456+ SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO.
1457+ 172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 113 ACRE
1458+ TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN
1459+ VOLUME 486, PAGE 442 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
1460+ TEXAS, SAID 110.720 ACRE TRACT BEING MORE FULLY DESCRIBED AS
1461+ FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
1462+ ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1463+ 1983 NAD 83 (NA2011) EPOCH 2010.00.:
15041464 BEGINNING at a 1/2" iron rod with yellow cap marked
1505- "Pape-Dawson" set in the east right-of-way line of County Road
1506- 308, said point being the northwest corner of a called 169.5 acre
1507- tract of land conveyed to R.D. Hopper and Margaret Hopper Letts
1508- by instrument recorded in Volume 478, Page 349 of said Deed
1509- Records, same being the southwest corner of said 113 acre tract,
1510- for the southeast corner and POINT OF BEGINNING hereof;
1511- THENCE N 21°22'58" W, with the east right-of-way line of
1512- said County Road 308, same being the west boundary line of said
1513- 113-acre tract, a distance of 2048.33 feet to a 5/8" iron rod
1514- found for the southwest corner of a called 17.0 acre tract of land
1515- conveyed to Gertrude Ann Braband by instrument recorded in
1516- Document No. 2016033164 of the Official Public Records of said
1517- County, same being the northwest corner of said 113-acre tract,
1518- for the northwest corner hereof;
1519- THENCE N 69°02'46" E, departing the east right-of-way line
1520- of said County Road 308, with the south boundary line of said 17.0
1521- acre tract, same being the north boundary line of said 113 acre
1522- tract, for a distance of 1268.96 feet to a 5/8" iron rod found for
1523- the southeast corner of said 17.0 acre tract, same being an
1524- interior ell corner in said 113 acre tract, for an ell corner
1525- hereof;
1526- THENCE N 21°00'19" W, with the east boundary line of said
1527- 17.0 acre tract, same being a west boundary line of said 113 acre
1528- tract, a distance of 582.80 feet to a 1/2" iron rod found for the
1529- southwest corner of a called 64.797 acre tract of land conveyed
1530- to Jose G. Garcia, by instrument recorded in Document
1531- No. 2017005987 of said Official Public records, same being the
1532- southeast corner of called 10.789 acre tract of land conveyed to
1533- the Belinda Ramsey Living Trust, by instrument recorded in
1534- Document No. 2019022035 of said Official Public Records, same
1535- being the northeast corner of said 17.0 acre tract, also being
1536- the northernmost northwest corner of said 113 acre tract, for the
1537- northernmost northwest hereof;
1465+ "Pape-Dawson" set in the east right-of-way line of County Road 308,
1466+ said point being the northwest corner of a called 169.5 acre tract
1467+ of land conveyed to R.D. Hopper and Margaret Hopper Letts by
1468+ instrument recorded in Volume 478, Page 349 of said Deed Records,
1469+ same being the southwest corner of said 113 acre tract, for the
1470+ southeast corner and POINT OF BEGINNING hereof;
1471+ THENCE N 21°22'58" W, with the east right-of-way line of said
1472+ County Road 308, same being the west boundary line of said 113-acre
1473+ tract, a distance of 2048.33 feet to a 5/8" iron rod found for the
1474+ southwest corner of a called 17.0 acre tract of land conveyed to
1475+ Gertrude Ann Braband by instrument recorded in Document
1476+ No. 2016033164 of the Official Public Records of said County, same
1477+ being the northwest corner of said 113-acre tract, for the
1478+ northwest corner hereof;
1479+ THENCE N 69°02'46" E, departing the east right-of-way line of
1480+ said County Road 308, with the south boundary line of said 17.0 acre
1481+ tract, same being the north boundary line of said 113 acre tract,
1482+ for a distance of 1268.96 feet to a 5/8" iron rod found for the
1483+ southeast corner of said 17.0 acre tract, same being an interior ell
1484+ corner in said 113 acre tract, for an ell corner hereof;
1485+ THENCE N 21°00'19" W, with the east boundary line of said 17.0
1486+ acre tract, same being a west boundary line of said 113 acre tract,
1487+ a distance of 582.80 feet to a 1/2" iron rod found for the southwest
1488+ corner of a called 64.797 acre tract of land conveyed to Jose G.
1489+ Garcia, by instrument recorded in Document No. 2017005987 of said
1490+ Official Public records, same being the southeast corner of called
1491+ 10.789 acre tract of land conveyed to the Belinda Ramsey Living
1492+ Trust, by instrument recorded in Document No. 2019022035 of said
1493+ Official Public Records, same being the northeast corner of said
1494+ 17.0 acre tract, also being the northernmost northwest corner of
1495+ said 113 acre tract, for the northernmost northwest hereof;
15381496 THENCE N 68°21'45" E, with the south boundary line of said
15391497 64.797 acre tract, same being the north boundary line of said 113
1540- acre tract, a distance of 993.87 feet to a 1/2" iron rod found
1541- being the northwest corner of a called 177.5 acre tract of land
1542- conveyed to Charles D. Tonn and Ronald D. Tonn by instrument
1543- recorded in Document No. 9601061 of said Official Public
1544- Records, same being the north east corner of said 113-acre tract,
1545- for the northeast corner hereof:
1498+ acre tract, a distance of 993.87 feet to a 1/2" iron rod found being
1499+ the northwest corner of a called 177.5 acre tract of land conveyed
1500+ to Charles D. Tonn and Ronald D. Tonn by instrument recorded in
1501+ Document No. 9601061 of said Official Public Records, same being
1502+ the north east corner of said 113-acre tract, for the northeast
1503+ corner hereof:
15461504 THENCE S 21°08'10" E, departing the south boundary line of
15471505 said 64.797 acre tract, with the west boundary line of said 177.5
15481506 acre tract, same being the east boundary line of said 113 acre
1549- tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow
1550- cap marked "Pape-Dawson" set in the north boundary line of said
1551- 169.5 acre tract, said point being the southwest corner of said
1552- 177.5 acre tract, same being the southeast corner of said 113
1553- acre tract, for the southeast corner hereof;
1554- THENCE with the north boundary line of said 169.5 acre
1555- tract, same being the south boundary line of said 113 acre tract,
1556- the following three (3) courses and distances:
1557- 1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron
1558- rod with yellow cap marked "Pape-Dawson" set for an angle point
1559- hereof,
1560- 2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron
1561- rod with yellow cap marked "Pape-Dawson" set for an angle point
1562- hereof, and
1563- 3. S 68°47'37" W, a distance of 1275.22 feet to the POINT
1564- OF BEGINNING and containing 110.720 acres of land in Williamson
1507+ tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow cap
1508+ marked "Pape-Dawson" set in the north boundary line of said 169.5
1509+ acre tract, said point being the southwest corner of said 177.5 acre
1510+ tract, same being the southeast corner of said 113 acre tract, for
1511+ the southeast corner hereof;
1512+ THENCE with the north boundary line of said 169.5 acre tract,
1513+ same being the south boundary line of said 113 acre tract, the
1514+ following three (3) courses and distances:
1515+ 1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron rod
1516+ with yellow cap marked "Pape-Dawson" set for an angle point hereof,
1517+ 2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron rod
1518+ with yellow cap marked "Pape-Dawson" set for an angle point hereof,
1519+ and
1520+ 3. S 68°47'37" W, a distance of 1275.22 feet to the POINT OF
1521+ BEGINNING and containing 110.720 acres of land in Williamson
15651522 County, Texas. Said tract being described in accordance with a
15661523 survey prepared by Pape Dawson Engineers, Inc. under Job
15671524 No. 51303-00.
15681525 TRACT 3:
15691526 A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS
1570- SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY,
1571- TEXAS, BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D.
1572- HOPPER AND MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND
1573- SITUATED IN THE ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO.
1574- 172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 169.5
1575- ACRE TRACT CONVEYED TO R.D. HOPPER AND MARGARET HOPPER LETT BY
1576- INSTRUMENT RECORDED IN VOLUME 478, PAGE 349 OF THE DEED RECORDS
1577- OF WILLIAMSON COUNTY, TEXAS. SAID 172.890 ACRE TRACT BEING MORE
1578- FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS
1579- COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH
1580- AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00.:
1581- COMMENCING at a 60D nail found in the north right-of-way
1582- line of County Road 305, same being the southeast corner of a
1583- called 0.58 acre tract of land conveyed to Dewey Roger Blackman
1584- by instrument recorded in Volume 742, Page 777 of said Deed
1585- Records, also being the southwest corner of a called 47.5 acre
1586- tract recorded in Volume 734, Page 931 of said Deed Records;
1587- THENCE S 68°58'06" W, departing the west boundary line of
1588- said 47.5 acre tract, with the north right-of-way line of said
1589- County Road 305, same being the south boundary line of said 0.58
1590- acre tract, a distance of 110.09 feet to a 1/2" iron rod with
1591- yellow cap marked "Pape-Dawson" set on the southwest corner of
1592- said 0.58 acre tract, same being the southeast corner of said
1593- 169.5 acre tract, for the southeast corner and POINT OF BEGINNING
1594- hereof;
1595- THENCE S 68°58'06" W, continuing with the north
1596- right-of-way line of said County Road 305, and in part, crossing
1597- through the right-of-way of County Road 308, same being the south
1598- boundary line of said 169.5-acre tract, a distance of 3188.95
1599- feet to an 1/2" iron rod with yellow cap marked "Pape-Dawson" set
1600- for the southwest corner hereof;
1527+ SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS,
1528+ BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D. HOPPER AND
1529+ MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND SITUATED IN THE
1530+ ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON
1531+ COUNTY, TEXAS. BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO
1532+ R.D. HOPPER AND MARGARET HOPPER LETT BY INSTRUMENT RECORDED IN
1533+ VOLUME 478, PAGE 349 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
1534+ TEXAS. SAID 172.890 ACRE TRACT BEING MORE FULLY DESCRIBED AS
1535+ FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM
1536+ ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF
1537+ 1983 NAD 83 (NA2011) EPOCH 2010.00.:
1538+ COMMENCING at a 60D nail found in the north right-of-way line
1539+ of County Road 305, same being the southeast corner of a called 0.58
1540+ acre tract of land conveyed to Dewey Roger Blackman by instrument
1541+ recorded in Volume 742, Page 777 of said Deed Records, also being
1542+ the southwest corner of a called 47.5 acre tract recorded in Volume
1543+ 734, Page 931 of said Deed Records;
1544+ THENCE S 68°58'06" W, departing the west boundary line of said
1545+ 47.5 acre tract, with the north right-of-way line of said County
1546+ Road 305, same being the south boundary line of said 0.58 acre
1547+ tract, a distance of 110.09 feet to a 1/2" iron rod with yellow cap
1548+ marked "Pape-Dawson" set on the southwest corner of said 0.58 acre
1549+ tract, same being the southeast corner of said 169.5 acre tract, for
1550+ the southeast corner and POINT OF BEGINNING hereof;
1551+ THENCE S 68°58'06" W, continuing with the north right-of-way
1552+ line of said County Road 305, and in part, crossing through the
1553+ right-of-way of County Road 308, same being the south boundary line
1554+ of said 169.5-acre tract, a distance of 3188.95 feet to an 1/2" iron
1555+ rod with yellow cap marked "Pape-Dawson" set for the southwest
1556+ corner hereof;
16011557 THENCE N 21°05'48" W, with the west boundary line of said
1602- 169.5-acre tract, and in part, crossing through the right-of-way
1603- of said County Road 308, a distance of 2071.04 feet to a 1/2" iron
1604- rod with yellow cap marked "Pape-Dawson" set, being the southwest
1558+ 169.5-acre tract, and in part, crossing through the right-of-way of
1559+ said County Road 308, a distance of 2071.04 feet to a 1/2" iron rod
1560+ with yellow cap marked "Pape-Dawson" set, being the southwest
16051561 corner of a called 113 acre tract of land conveyed to the Letts
1606- Family Trust, by instrument recorded in Volume 486, Page 442 of
1607- said deed records, same being the northwest corner of said
1608- 169.5-acre tract, for the northwest corner hereof, from which a
1609- 5/8" iron rod found for the northwest corner of said 113 acre
1610- tract bears N 21°22'58" W, 2048.33 feet;
1562+ Family Trust, by instrument recorded in Volume 486, Page 442 of said
1563+ deed records, same being the northwest corner of said 169.5-acre
1564+ tract, for the northwest corner hereof, from which a 5/8" iron rod
1565+ found for the northwest corner of said 113 acre tract bears N
1566+ 21°22'58" W, 2048.33 feet;
16111567 THENCE departing the east right-of-way line of said County
16121568 Road 308, with, in part, the south boundary line of said 113-acre
16131569 tract and, in part, the south boundary line of a called 177.5 acre
16141570 tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by
1615- instrument recorded in Document No. 9601061 of the Official
1616- Public Records of said County, same being the north boundary line
1617- of said 169.5-acre tract, the following three (3) courses and
1618- distances:
1571+ instrument recorded in Document No. 9601061 of the Official Public
1572+ Records of said County, same being the north boundary line of said
1573+ 169.5-acre tract, the following three (3) courses and distances:
16191574 1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron
16201575 rod with yellow cap marked "Pape-Dawson" set for an angle point
16211576 hereof,
1622- 2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron
1623- rod with yellow cap marked "Pape-Dawson" set for an angle point
1624- hereof, and
1577+ 2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron rod
1578+ with yellow cap marked "Pape-Dawson" set for an angle point hereof,
1579+ and
16251580 3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron
16261581 rod with yellow cap marked "Pape-Dawson" set being the northeast
16271582 corner of said 169.5-acre tract, for the northeast corner hereof;
16281583 THENCE S 22°06'37" E, with the south boundary line of said
16291584 177.5-acre tract, same being the east boundary line of said
1630- 169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod
1631- with yellow cap marked "Pape-Dawson" set in the north boundary
1632- line of a called 50-acre tract of land conveyed to Cheryl A.
1633- Chamberlain, by instrument recorded in Document No. 2013019239
1634- of the Official Public Records of said County, same being an
1635- angle point in the east boundary line of said 169.5-acre tract,
1636- for an angle point hereof;
1585+ 169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod with
1586+ yellow cap marked "Pape-Dawson" set in the north boundary line of a
1587+ called 50-acre tract of land conveyed to Cheryl A. Chamberlain, by
1588+ instrument recorded in Document No. 2013019239 of the Official
1589+ Public Records of said County, same being an angle point in the east
1590+ boundary line of said 169.5-acre tract, for an angle point hereof;
16371591 THENCE S 68°53'39" W, with the north boundary line of said
1638- 50-acre tract, same being the east boundary line of said
1639- 169.5-acre tract, a distance of 419.61 feet to a 1/2" iron rod
1640- with yellow cap marked "Pape-Dawson" set, being the northwest
1641- corner of said 50-acre tract, same being an angle point in the
1642- east boundary line of said 169.5-acre tract, for an angle point
1643- hereof;
1644- THENCE S 20°59'42" E, with, in part, the west boundary line
1645- of said 50-acre tract and, in part, the west boundary line of a
1646- called 47.5 acre tract of land conveyed to D.C. Blackman, by
1647- instrument recorded in Volume 734, Page 931 of said Deed Records
1648- and, in part, the west boundary line of the aforementioned
1649- 0.58-acre tract, same being the east boundary line of said
1650- 169.5-acre tract, a distance of 2080.08 feet to the POINT OF
1651- BEGINNING and containing 172.890 acres of land in Williamson
1652- County, Texas. Said tract being described in accordance with a
1653- survey prepared by Pape Dawson Engineers, Inc. under Job
1654- No. 51303-00.
1592+ 50-acre tract, same being the east boundary line of said 169.5-acre
1593+ tract, a distance of 419.61 feet to a 1/2" iron rod with yellow cap
1594+ marked "Pape-Dawson" set, being the northwest corner of said
1595+ 50-acre tract, same being an angle point in the east boundary line
1596+ of said 169.5-acre tract, for an angle point hereof;
1597+ THENCE S 20°59'42" E, with, in part, the west boundary line of
1598+ said 50-acre tract and, in part, the west boundary line of a called
1599+ 47.5 acre tract of land conveyed to D.C. Blackman, by instrument
1600+ recorded in Volume 734, Page 931 of said Deed Records and, in part,
1601+ the west boundary line of the aforementioned 0.58-acre tract, same
1602+ being the east boundary line of said 169.5-acre tract, a distance of
1603+ 2080.08 feet to the POINT OF BEGINNING and containing 172.890 acres
1604+ of land in Williamson County, Texas. Said tract being described in
1605+ accordance with a survey prepared by Pape Dawson Engineers, Inc.
1606+ under Job No. 51303-00.
16551607 (c) If the Act enacting this section does not receive a
16561608 two-thirds vote of all the members elected to each house,
16571609 Subchapter C, Chapter 8010A, Special District Local Laws Code, as
16581610 added by Subsection (a) of this section, is amended by adding
16591611 Section 8010A.0306 to read as follows:
1660- Sec. 8010A.0306. NO EMINENT DOMAIN POWER. The district
1661- may not exercise the power of eminent domain.
1662- (d) Subsection (c) of this section is not intended to be
1663- an expression of a legislative interpretation of the
1664- requirements of Section 17(c), Article I, Texas Constitution.
1612+ Sec. 8010A.0306. NO EMINENT DOMAIN POWER. The district may
1613+ not exercise the power of eminent domain.
1614+ (d) Subsection (c) of this section is not intended to be an
1615+ expression of a legislative interpretation of the requirements of
1616+ Section 17(c), Article I, Texas Constitution.
16651617 SECTION 7. (a) The heading to Chapter 8221, Special
16661618 District Local Laws Code, is amended to read as follows:
1667- CHAPTER 8221. WILLIAMSON COUNTY [3 B&J] MUNICIPAL UTILITY
1668- DISTRICT NO. 51
1669- (b) Section 8221.001(3), Special District Local Laws
1670- Code, is amended to read as follows:
1619+ CHAPTER 8221. WILLIAMSON COUNTY [3 B&J] MUNICIPAL UTILITY DISTRICT
1620+ NO. 51
1621+ (b) Section 8221.001(3), Special District Local Laws Code,
1622+ is amended to read as follows:
16711623 (3) "District" means the Williamson County [3 B&J]
16721624 Municipal Utility District No. 51.
1673- (c) Section 8221.202, Special District Local Laws Code,
1674- is amended to read as follows:
1625+ (c) Section 8221.202, Special District Local Laws Code, is
1626+ amended to read as follows:
16751627 Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
1676- the time bonds or other obligations payable wholly or partly from
1677- ad valorem taxes are issued,[:
1628+ the time bonds or other obligations payable wholly or partly from ad
1629+ valorem taxes are issued,[:
16781630 [(1)] the board shall provide for the annual
16791631 imposition of [impose] a continuing direct annual ad valorem tax,
1680- without limit to the rate or amount of the tax while all or part
1681- of the bonds are outstanding as provided by Sections 54.601 and
1682- 54.602, Water Code [at a rate not to exceed the rate approved at
1683- an election held under Section 8221.151, for each year that all
1684- or part of the bonds are outstanding; and
1685- [(2) the district annually shall impose an ad
1686- valorem tax on all taxable property in the district in an amount
1687- sufficient to:
1632+ without limit to the rate or amount of the tax while all or part of
1633+ the bonds are outstanding as provided by Sections 54.601 and
1634+ 54.602, Water Code [at a rate not to exceed the rate approved at an
1635+ election held under Section 8221.151, for each year that all or part
1636+ of the bonds are outstanding; and
1637+ [(2) the district annually shall impose an ad valorem
1638+ tax on all taxable property in the district in an amount sufficient
1639+ to:
16881640 [(A) pay the interest on the bonds or other
16891641 obligations as the interest becomes due;
1690- [(B) create a sinking fund for the payment of
1691- the principal of the bonds or other obligations when due or the
1642+ [(B) create a sinking fund for the payment of the
1643+ principal of the bonds or other obligations when due or the
16921644 redemption price at any earlier required redemption date; and
16931645 [(C) pay the expenses of imposing the taxes].
1694- (d) The Williamson County Municipal Utility District
1695- No. 51 retains all the rights, powers, privileges, authority,
1696- duties, and functions that it had before the effective date of
1697- this Act.
1698- (e) The legislature validates and confirms all
1699- governmental acts and proceedings of the Williamson County
1700- Municipal Utility District No. 51 that were taken before the
1701- effective date of this Act.
1702- (f) The legislature validates and confirms all
1703- governmental acts and proceedings relating to the creation and
1704- the consent to the creation of the Williamson County Municipal
1705- Utility District No. 51.
1706- (g) Subsections (e) and (f) of this section do not apply
1707- to any matter that on the effective date of this Act:
1646+ (d) The Williamson County Municipal Utility District No. 51
1647+ retains all the rights, powers, privileges, authority, duties, and
1648+ functions that it had before the effective date of this Act.
1649+ (e) The legislature validates and confirms all governmental
1650+ acts and proceedings of the Williamson County Municipal Utility
1651+ District No. 51 that were taken before the effective date of this
1652+ Act.
1653+ (f) The legislature validates and confirms all governmental
1654+ acts and proceedings relating to the creation and the consent to the
1655+ creation of the Williamson County Municipal Utility District
1656+ No. 51.
1657+ (g) Subsections (e) and (f) of this section do not apply to
1658+ any matter that on the effective date of this Act:
17081659 (1) is involved in litigation if the litigation
1709- ultimately results in the matter being held invalid by a final
1710- court judgment; or
1660+ ultimately results in the matter being held invalid by a final court
1661+ judgment; or
17111662 (2) has been held invalid by a final court judgment.
17121663 SECTION 8. Sections 8221.003(b), 8221.105, 8221.106,
17131664 8221.107, and 8221.108, Special District Local Laws Code, are
17141665 repealed.
17151666 SECTION 10. (a) Chapter 175, Local Government Code, as
1716- amended by this Act, applies according to its terms to all
1717- eligible persons who leave employment with a township on or after
1718- January 1, 2024.
1667+ amended by this Act, applies according to its terms to all eligible
1668+ persons who leave employment with a township on or after January 1,
1669+ 2024.
17191670 (b) A township that is required by Chapter 175, Local
17201671 Government Code, as amended by this Act, to provide continued
17211672 health benefits coverage but that is not allowed to provide the
17221673 coverage under the terms of the township's existing group health
17231674 plan shall ensure that the required continued health benefits
17241675 coverage is provided for in any new plan that is adopted by the
17251676 township on or after January 1, 2024, unless the township is
17261677 exempted under Section 175.007, Local Government Code.
17271678 Explanation: This change is necessary to:
1728- (1) allow a firefighter, police officer, or
1729- emergency services provider employed by certain townships to
1730- receive retirement benefits;
1679+ (1) allow a firefighter, police officer, or emergency
1680+ services provider employed by certain townships to receive
1681+ retirement benefits;
17311682 (2) create certain special purpose districts; and
17321683 (3) change the name and certain duties of the 3 B&J
17331684 Municipal Utility District.
17341685 (2) Senate Rule 12.03(1) is suspended to permit the
17351686 committee to change, alter, or amend text not in disagreement in
17361687 SECTION 5 of the bill, in added Sections 7968A.0106(a) and (b),
17371688 Special District Local Laws Code, by striking "Section 2" and
17381689 substituting "Section 5(b)".
17391690 Explanation: This change is necessary to correct the
17401691 cross-references.
17411692 (3) Senate Rule 12.03(1) is suspended to permit the
17421693 committee to change, alter, or amend text which is not in
1743- disagreement in proposed SECTIONS 9 and 11 of the bill, adding
1744- local notice and effective date language, to read as follows:
1694+ disagreement in proposed SECTIONS 9 and 11 of the bill, adding local
1695+ notice and effective date language, to read as follows:
17451696 SECTION 9. (a) The legal notice of the intention to file
1746- bills creating or affecting each district described by this Act,
1747- as applicable, has been published as provided by law, and the
1748- notice and a copy of this Act have been furnished to all persons,
1749- agencies, officials, or entities to which they are required to be
1750- furnished under Section 59, Article XVI, Texas Constitution, and
1751- Chapter 313, Government Code.
1697+ bills creating or affecting each district described by this Act, as
1698+ applicable, has been published as provided by law, and the notice
1699+ and a copy of this Act have been furnished to all persons, agencies,
1700+ officials, or entities to which they are required to be furnished
1701+ under Section 59, Article XVI, Texas Constitution, and Chapter 313,
1702+ Government Code.
17521703 (b) The governor, one of the required recipients, has
17531704 submitted the notice and a copy of a bill to create or affect each
17541705 applicable district described by this Act to the Texas Commission
17551706 on Environmental Quality.
1756- (c) The Texas Commission on Environmental Quality has
1757- filed its recommendations relating to each bill to create or
1758- affect each applicable district described by this Act with the
1759- governor, the lieutenant governor, and the speaker of the house
1760- of representatives within the required time.
1707+ (c) The Texas Commission on Environmental Quality has filed
1708+ its recommendations relating to each bill to create or affect each
1709+ applicable district described by this Act with the governor, the
1710+ lieutenant governor, and the speaker of the house of
1711+ representatives within the required time.
17611712 (d) All requirements of the constitution and laws of this
1762- state and the rules and procedures of the legislature with
1763- respect to the notice, introduction, and passage of each bill to
1764- create or affect each applicable district described by this Act
1765- are fulfilled and accomplished.
1713+ state and the rules and procedures of the legislature with respect
1714+ to the notice, introduction, and passage of each bill to create or
1715+ affect each applicable district described by this Act are fulfilled
1716+ and accomplished.
17661717 SECTION 11. (a) Except as provided by Subsection (b) of
17671718 this section, this Act takes effect immediately if it receives a
17681719 vote of two-thirds of all the members elected to each house, as
17691720 provided by Section 39, Article III, Texas Constitution. If this
1770- Act does not receive the vote necessary for immediate effect,
1771- this Act takes effect September 1, 2023.
1721+ Act does not receive the vote necessary for immediate effect, this
1722+ Act takes effect September 1, 2023.
17721723 (b) Sections 1 and 10 of this Act take effect September 1,
17731724 2023.
17741725 Explanation: This change is necessary to comply with the
1775- constitutional requirements of publishing notice and to clarify
1776- the dates on which the Act takes effect.
1777- _______________________________
1778- President of the Senate
1779- I hereby certify that the
1780- above Resolution was adopted by
1781- the Senate on May 28, 2023, by the
1782- following vote: Yeas 31, Nays 0.
1783- _______________________________
1784- Secretary of the Senate
1726+ constitutional requirements of publishing notice and to clarify the
1727+ dates on which the Act takes effect.