89R8853 MCF-F
By: Morales of Maverick H.B. No. 74
A BILL TO BE ENTITLED
relating to the creation of the Puerto Verde Port Authority
District; providing authority to issue bonds; providing authority
to impose assessments, fees, and taxes; granting a limited power of
eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 4011 to read as follows:
CHAPTER 4011. PUERTO VERDE PORT AUTHORITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4011.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Maverick County.
(3) "Director" means a board member.
(4) "District" means the Puerto Verde Port Authority
District.
(5) "Rail facilities" includes all real and personal
property owned or held by the district for railroad purposes,
including land, interests in land, structures, easements, rail
lines, stations, platforms, rolling stock, garages, equipment, and
other facilities necessary or convenient for the operation of those
facilities.
Sec. 4011.0102. NATURE OF DISTRICT. The Puerto Verde Port
Authority District is a special district created under Section 59,
Article XVI, Texas Constitution.
Sec. 4011.0103. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) By creating the district and in authorizing the county
and other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(c) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
Sec. 4011.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b) The district is created to serve a public use and
benefit.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road,
rail, port, navigation, and recreational facilities for the
district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 4011.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 4011.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 4011.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4011.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 4011.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected voting directors who serve
staggered terms of four years.
(b) Voting directors are elected in the manner provided by
Subchapter D, Chapter 49, Water Code.
Sec. 4011.0202. COMPENSATION; EXPENSES. (a) The district
may compensate each voting director in an amount not to exceed $150
for each board meeting. The total amount of compensation for each
voting director in one year may not exceed $7,200.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
(c) Sections 375.069 and 375.070, Local Government Code, do
not apply to a voting director.
Sec. 4011.0203. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Ruben Garibay 1 Ruben Garibay
1 Ruben Garibay
2 David Higgerson 2 David Higgerson
2 David Higgerson
3 Bobby Babcock 3 Bobby Babcock
3 Bobby Babcock
4 Rob Russell 4 Rob Russell
4 Rob Russell
5 Benito Martinez III 5 Benito Martinez III
5 Benito Martinez III
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2027, and
the terms of directors appointed for positions four and five expire
June 1, 2029.
Sec. 4011.0204. EX OFFICIO DIRECTORS. (a) In addition to
directors elected under Section 4011.0201, the commissioners court
of the county may appoint up to two persons who are officials of or
employed by the county to serve as nonvoting ex officio directors.
An ex officio director serves a term of four years.
(b) An ex officio director is not counted as a voting
director for purposes of establishing a quorum.
(c) An ex officio director:
(1) is entitled to receive the same notices and
information regarding the district as a voting director; and
(2) may attend any board meeting, regardless of
whether the meeting is open or closed to the public.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 4011.0301. GENERAL POWERS AND DUTIES. (a) The
district has the powers and duties necessary to accomplish the
purposes for which the district is created.
(b) The district may contract with a governmental or private
entity, including the county, to carry out an action, power, or duty
authorized by this chapter or to accomplish the purposes for which
the district is created.
Sec. 4011.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 4011.0303. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 4011.0304. NAVIGATION DISTRICT POWERS. The district
has the powers provided by the general law of this state applicable
to navigation districts created under Section 59, Article XVI,
Texas Constitution, including Chapters 60 and 62, Water Code.
Sec. 4011.0305. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 4011.0306. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 4011.0307. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 4011.0308. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 4011.0309. ADDING OR EXCLUDING LAND. The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 4011.0310. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 4011.0311. RAIL FACILITIES. The district may
construct, acquire, improve, maintain, finance, and operate rail
facilities, and improvements in aid of those facilities, for
commuter, freight, and other rail purposes.
Sec. 4011.0312. BRIDGE FACILITIES. The district may
construct, acquire, improve, maintain, finance, and operate bridge
facilities and improvements, including toll bridges.
Sec. 4011.0313. EMINENT DOMAIN. The district may exercise
the power of eminent domain in the manner provided by Section
49.222, Water Code.
SUBCHAPTER D. ASSESSMENTS
Sec. 4011.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 4011.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 4011.0501. TAX ELECTION REQUIRED. (a) The district
must hold an election in the manner provided by Chapter 49, Water
Code, or, if applicable, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax.
(b) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 4011.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4011.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 4011.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, tolls, fares, charges, fees, revenue,
contract payments, grants, or other district money, or any
combination of those sources of money, to pay for any authorized
district purpose.
Sec. 4011.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 4011.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4011.0501, the district may issue bonds payable from ad valorem
taxes.
(b) At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall provide for the annual
imposition of a continuing direct annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(c) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
SUBCHAPTER I. DISSOLUTION
Sec. 4011.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) at least two-thirds of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2) at least two-thirds of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded or other indebtedness
until that bonded or other indebtedness has been repaid or defeased
in accordance with the order or resolution authorizing the issuance
of the bonded or other indebtedness;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Puerto Verde Port Authority District
initially includes all territory contained in the following area:
FIELD NOTES FOR A BOUNDARY SURVEY OF 1898.24 ACRES, MORE OR LESS
Being a boundary survey of 1898.24 acres, more or less, of land
lying in Maverick County, Texas, being out of and parts of P. W.
Thomason Survey 12, Abstract No. 1321, L. Castanon Survey 10,
Abstract No. 1039, J. Conti Survey 9, Abstract No. 1037, F. F.
Fevre Survey 38, Abstract No. 109, T. Osborn Survey 11, Abstract
No. 1167, I. & G. N. RR. Co. Block 7, Survey 257, Abstract No. 434,
I. & G. N. RR. Co. Block 7, Survey 256, Abstract No. 433, W. B.
Scates Survey 7, Abstract No. 1088, and J. Navarro Survey 8,
Abstract No. 1076, and also being comprised of a composite of those
same certain tracts called Tract 3 (8.84 acres), Tract 4 (327.89
acres), Tract 5 (1212.08 acres), Tract 6 (107.43 acres), and Tract 7
(241.98 acres) as described in conveyance document to Farming
Hydrasource, LLC, recorded in Document Number 2112789 of the
Maverick County Official Public Records, Maverick County, Texas.
BEGINNING at a found 1/2" diameter rebar marking the ostensible
common survey corner of said Survey 12 and G. C. & S. F. RR. Co.
Survey 11, Abstract No. 1049, at a point on the ostensible
southerly line of F. Valdez Survey 22, Page 1142, and marking the
northwest corner of the herein described tract;
THENCE: S 89°36'51" E, with the ostensible common survey line of
said Survey 12 and said Survey 22, passing the ostensible common
survey corner of said Survey 22 and S. F. 016195 Abstract No. 1388,
continuing on the same course for a distance of 5382.03 feet to an
unmarked corner marking the ostensible common corner of said Survey
12 and said Abstract No. 1388, at a point on the ostensible westerly
line of said Survey 10, and marking an interior corner of the herein
described tract;
THENCE: N 00°10'32" E, with the ostensible common survey line of
said Survey 10 and said Abstract No. 1388 for a distance of 703.00
feet to an unmarked corner marking the ostensible common survey
corner of said Survey 10 and said Abstract No. 1388, and marking an
exterior corner of the herein described tract;
THENCE: S 89°30'14" E, with the ostensible survey line of said
Survey 10 and said Abstract No. 1388, passing the ostensible common
survey corner of said Abstract No. 1388 and said Survey 11,
continuing on the same course for a distance of 4612.79 feet to an
unmarked corner marking the ostensible common survey corner of said
Survey 10 and said Survey 11, at a point on the ostensible westerly
line of said Survey 9, and marking an interior corner of the herein
described tract;
THENCE: N 01°07'34" E, with the ostensible common survey line of
said Survey 9 and said Survey 11 for a distance of 98.24 feet to an
unmarked corner marking the ostensible common corner of said Survey
9 and said Survey 11, and marking an exterior corner of the herein
described tract;
THENCE: S 89°37'58" E, with the ostensible common survey line of
said Survey 9 and said Survey 11, passing the ostensible common
corner of said Survey 9 and said Survey 38, continuing on the same
course for a distance of 4916.07 feet to an unmarked corner marking
the ostensible common survey corner of said Survey 38 and said
Survey 11, and marking an interior corner of the herein described
tract;
THENCE: N 00°21'17" E, for a distance of 286.12 feet to an unmarked
corner marking an exterior corner of the herein described tract;
THENCE: S 89°41'52" E, passing the ostensible common survey corner
of said Survey 11 and said Survey 257, continuing on the same
course, passing the ostensible common survey corner o of said
Survey 11 and S. Tovar Survey 50, Abstract No. 1027, continuing on
the same course for a distance of 4476.51 feet to a found steel
stake at a point on the northwesterly margin of Union Pacific
Railroad, and marking the northeast corner of the herein described
tract;
THENCE: S 13°41'48" W, with the northwesterly margin of said
railroad for a distance of 923.69 feet to an unmarked corner marking
an exterior corner of the herein described tract;
THENCE: S 89°36'21" W, passing the ostensible common survey line of
said Survey 257 and said Survey 11, continuing on the same course,
passing the ostensible common survey line of said Survey 11 and said
Survey 38, continuing on the same course, passing the ostensible
common survey line of said Survey 38 and said Survey 9, continuing
on the same course for a distance of 6943.84 feet to an unmarked
corner marking an interior corner of the herein described tract;
THENCE: S 00°23'19" E, for a distance of 361.26 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 02°12'56" E, for a distance of 1620.21 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 32°36'41" W, for a distance of 1914.67 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 28°41'44" E, for a distance of 1078.51 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 32°13'35" E, for a distance of 680.42 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 26°07'58" E, for a distance of 515.73 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 48°47'36" E, passing the ostensible common survey line of
said Survey 9 and said Survey 8 for a distance of 630.27 feet to an
unmarked corner marking a deflection point of the herein described
tract;
THENCE: S 38°38'57" E, for a distance of 358.52 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 22°23'06" E, for a distance of 264.97 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 00°51'26" W, for a distance of 267.24 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 12°13'35" W, for a distance of 289.36 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 00°25'00" E, for a distance of 290.01 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 17°36'57" E, for a distance of 212.04 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 43°27'27" E, for a distance of 262.59 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 68°16'26" E, for a distance of 277.25 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 83°26'23" E, for a distance of 697.32 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 85°32'56" E, for a distance of 600.89 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 66°14'24" E, passing the ostensible common survey line of
said Survey 8 and said Survey 256, continuing on the same course for
a distance of 562.69 feet to an unmarked corner marking a deflection
point of the herein described tract;
THENCE: S 29°47'54" E, for a distance of 533.68 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 12°21'24" W, for a distance of 305.23 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 44°38'30" E, for a distance of 53.29 feet to an unmarked
corner at a point on the northwesterly margin of said railroad, at a
point on a curve to the right whose radius is 2796.50 feet;
THENCE: Southwesterly with said curve for an arc length of 1620.93
feet, (chord bearing of S 41°55'34" W, with a chord length of 1598.33
feet) marking the end of said curve;
THENCE: S 58°31'51" W, passing the ostensible common survey line of
said Survey 256 and said Survey 7, continuing on the same course for
a distance of 914.35 feet to an unmarked corner marking the south
corner of the herein described tract;
THENCE: N 21°45'13" E, for a distance of 189.30 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 35°51'28" E, for a distance of 121.15 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 49°03'50" E, for a distance of 188.08 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 59°01'13" E, for a distance of 303.45 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 57°21'33" E, passing the ostensible common survey line of
said Survey 7 and said Survey 256, continuing on the same course for
a distance of 323.10 feet to an unmarked corner marking a deflection
point of the herein described tract;
THENCE: N 55°46'58" E, for a distance of 303.71 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 41°10'40" E, for a distance of 334.00 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 32°17'45" E, for a distance of 235.02 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 23°47'36" E, for a distance of 154.48 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 23°47'36" E, for a distance of 139.86 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 10°49'52" E, for a distance of 241.31 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 00°00'00" W, for a distance of 167.30 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 24°52'49" W, for a distance of 157.52 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 41°19'51" W, for a distance of 153.17 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 61°24'30" W, for a distance of 131.09 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 88°20'48" W, passing the ostensible common survey line of
said Survey 256 and said Survey 8, continuing on the same course for
a distance of 571.01 feet to an unmarked corner marking a deflection
point of the herein described tract;
THENCE: S 60°53'05" W, passing the ostensible common survey line of
said Survey 8 and said Survey 7, continuing on the same course for a
distance of 2868.10 feet to an unmarked corner marking an exterior
corner of the herein described tract;
THENCE: N 02°17'56" W, passing the ostensible common survey line of
said Survey 7 and said Survey 8, continuing on the same course for a
distance of 1653.76 feet to an unmarked corner marking an interior
corner of the herein described tract;
THENCE: N 83°48'33" W, for a distance of 2875.14 feet to an unmarked
corner marking an exterior corner of the herein described tract;
THENCE: N 02°27'16" E, for a distance of 831.29 feet to an unmarked
corner marking an interior corner of the herein described tract;
THENCE: S 85°53'50" W, for a distance of 1219.80 feet to a found 1/2"
diameter rebar marking an exterior corner of the herein described
tract;
THENCE: N 21°17'24" W, passing the ostensible common survey line of
said Survey 8 and said Survey 10, continuing on the same course for
a distance of 2944.17 feet to a found 1/2" diameter rebar marking an
interior corner of the herein described tract;
THENCE: S 89°59'58" W; passing the ostensible common survey line of
said Survey 10 and said Survey 12, continuing on the same course for
a distance of 6918.89 feet to a found 1/2" diameter rebar at a point
on the ostensible common survey line of said Survey 12 and said
Survey 11, and marking an exterior corner of the herein described
tract;
THENCE: N 00°57'05" E, with the ostensible common survey line of
said Survey 12 and said Survey 11 for a distance of 3804.24 feet to
an unmarked corner marking a deflection point of the herein
described tract;
THENCE: N 00°57'05" E, with the ostensible common survey line of
said Survey 12 and said Survey 11 for a distance of 444.79 feet to
the Place of Beginning and containing 1898.24 acres, more or less,
of land within the herein described boundary.
FIELD NOTES FOR A BOUNDARY SURVEY OF 244.80 ACRES, MORE OR LESS
Being a boundary survey of 244.80 acres, more or less, of land lying
in Maverick County, Texas, being out of and parts of A. Whittaker
Survey 1, Abstract No. 854, Uvalde Co. School Lands Survey 4,
Abstract No. 845, B. Diaz Survey 4-1/2, Abstract No. 1217, and W.
B. Scates Survey 7, Abstract No. 1088, and also being that same
certain tract called Tract 1 (244.80 acres) as described in
conveyance document to Farming Hydrasource, LLC, recorded in
Document Number 2112789 of the Maverick County Official Public
Records, Maverick County, Texas.
BEGINNING at a found steel stake at a point on the southeasterly
margin of Union Pacific Railroad, marking the ostensible common
survey deflection point of said Survey 4-1/2 and I. & G. N. RR. Co.
Block 7, Survey 256, Abstract No. 433, and marking a deflection
point of the herein described tract;
THENCE: N 44° 39' 52" E, with the ostensible common survey line of
said Survey 4-1/2 and said Survey 256 for a distance of 825.73 feet
to an unmarked corner marking the ostensible common survey corner
of said Survey 4-1/2 and said Survey 256, and marking the north
corner of the herein described tract;
THENCE: S 45° 15' 08" E, with the ostensible common survey line of
said Survey 4-1/2 and said Survey 256 for a distance of 1761.00 feet
to an unmarked corner marking the ostensible common survey corner
of said Survey 4-1/2, said Survey 256, and I. & G. N. RR. Co. Block
7, Survey 166, Abstract No. 177, and marking the east corner of the
herein described tract;
THENCE: S 44° 44' 52" W, with the ostensible common survey line of
said Survey 4-1/2 and said Survey 166 for a distance of 1466.70 feet
to an unmarked corner marking the common corner of said Survey 4-1/2
and said Survey 166, at a point on the ostensible northeasterly line
of said Survey 4, and marking an interior corner of the herein
described tract;
THENCE: S 44° 09' 48" E, with the ostensible common survey line of
said Survey 4 and said Survey 166 for a distance of 210.42 feet to an
unmarked corner marking the common corner of said Survey 4 and said
Survey 166, and marking an exterior corner of the herein described
tract;
THENCE: S 46° 08' 38" W, with the ostensible common survey line of
said Survey 4 and said Survey 166, passing the ostensible common
survey corner of said Survey 166 and W. R. Ruffin Survey 1-1/2,
Abstract No. 1187, continuing on the same course for a distance of
2799.50 feet to an unmarked corner at a point on the ostensible
common survey line of said Survey 4 and said Survey 1-1/2, and
marking an exterior corner of the herein described tract;
THENCE: N 81° 50' 43" W, for a distance of 133.37 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 67° 52' 55" W, for a distance of 330.00 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: N 74° 49' 04" W, for a distance of 260.00 feet to an unmarked
corner marking an interior corner of the herein described tract;
THENCE: S 29° 28' 56" W, for a distance of 610.00 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 42° 15' 56" W, for a distance of 540.00 feet to an unmarked
corner marking a deflection point of the herein described tract;
THENCE: S 59° 10' 56" W, passing the ostensible common survey line of
said Survey 4 and said Survey 1, continuing on the same course for a
distance of 255.00 feet to an unmarked corner marking a deflection
point of the herein described tract;
THENCE: S 86° 34' 52" W, for a distance of 689.65 feet to an unmarked
corner marking the south corner of the herein described tract;
THENCE: N 04° 41' 22" W, for a distance of 589.46 feet to a found
steel stake marking an exterior corner of the herein described
tract;
THENCE: N 48° 07' 53" E, for a distance of 389.01 feet to an unmarked
corner marking an interior corner of the herein described tract;
THENCE: N 18° 23' 08" W, passing the ostensible common survey line of
said Survey 1 and said Survey 7, continuing on the same course for a
distance of 1149.38 feet to an unmarked corner at a point on the
southeasterly margin of said railroad, and marking an exterior
corner of the herein described tract;
THENCE: With the southeasterly margin of said railroad and the
herein described tract for the following five (5) calls:
1.) N 58° 31' 51" E, passing the ostensible common survey line of
said Survey 7 and said Survey 4, continuing on the same course for a
distance of 2459.31 feet to an unknown corner marking the beginning
of a curve to the left whose radius is 2896.50 feet;
2.) Northeasterly with said curve for an arc distance of 1571.66
feet (chord = N 42° 59' 11" E, 1552.45 feet) to an unmarked corner
marking the end of said curve, and marking the ostensible common
survey corner of said Survey 4, said Survey 4-1/2, and said Survey
256;
3.) S 44° 11' 17" E, with the ostensible common survey line of said
Survey 4 and said Survey 4-1/2 for a distance of 52.64 feet to an
unknown corner marking the beginning of a curve to the left whose
radius is 2946.50 feet;
4.) Northeasterly with said curve for an arc distance of 290.54
feet (chord = N 24° 56' 28" E, 290.43 feet) to an unmarked corner
marking the end of said curve, and marking the ostensible common
survey corner of said Survey 4-1/2 and said Survey 256;
5.) N 22° 06' 52" E, with the ostensible common survey line of said
Survey 4-1/2 and said Survey 256 for a distance of 368.50 feet to
the Place of Beginning and containing 244.80 acres, more or less, of
land within the herein described boundary.
FIELD NOTES FOR A BOUNDARY SURVEY OF 879.49 ACRES
Being a boundary survey of 879.49 acres of land located in Maverick
County, Texas, being out of and parts of John Potter Survey 65,
Abstract No. 767, G. C. & S. F. RR. Co. Survey 17, Abstract
No. 1178, G. C. & S. F. RR. Co. Survey 15, Abstract No. 1177, J.
Wipff Survey 14, Abstract No. 1265, and J. Wipff Survey 14,
Abstract No. 1266, and also being that same certain tract called
879.49 acres as described in conveyance document to MAVERICK HEAVY
CAST & HAUL, LLC, recorded in Document Number 2325007 of the
Maverick County Official Public Records, Maverick County, Texas.
BEGINNING at a found 1/2" diameter rebar at a point along the
easterly margin of Maverick Industrial Park Road, and marking the
northwest corner of the herein described tract;
THENCE: S 89° 57' 15" E, generally parallel with the fence, passing
the ostensible common survey line of said Survey 65 and said Survey
17, continuing on the same course passing the ostensible common
survey line of said Survey 17 and said Survey 15, continuing on the
same course for a distance of 3802.75 feet to a found 5/8" diameter
rebar with a plastic cap marked "RPLS 1753/PROP. COR." marking the
northeast corner of the herein described tract;
THENCE: S 44° 13' 13" E, generally with the fence, passing the
ostensible common survey line of said Survey 15 and said Survey 14
(A-1265), continuing on the same course for a distance of 3559.14
feet to a 4.5" diameter pipe 2-way fence corner post at a point on
the ostensible common survey line of said Survey 14 (A-1265) and I. &
G. N. RR. Co. Survey 1, Abstract No. 418, and marking a deflection
point of the herein described tract;
THENCE: Generally with the fence for the following three (3) calls:
1.) S 00° 02' 31" W, with the ostensible common survey line
of said Survey 14 (A-1265) and said Survey 1, passing the ostensible
common survey line of said Survey 1 and F. Valdez Survey 22,
Abstract No. 1142, continuing on the same course and now with the
ostensible common survey line of said Survey 14 (A-1265) and said
Survey 22 for a distance of 2728.47 feet to a 4.5" diameter pipe
2-way fence corner post marking an exterior corner of the herein
described tract;
2.) N 89° 34' 25" W, with the ostensible common survey line
of said Survey 14 (A-1265) and said Survey 22 for a distance of
93.77 feet to a 4.5" diameter pipe 2-way fence corner post marking
an interior corner of the herein described tract;
3.) S 00° 04' 14" W, with the ostensible common survey line
of said Survey 14 (A-1265) and said Survey 22 for a distance of
1075.79 feet to a 4.5" diameter pipe 3-way fence corner post at a
point on the ostensible common survey line of said Survey 14
(A-1265) and G. C. & S. F. RR. Co. Survey 11, Abstract 1049, and
marking an exterior corner of the herein described tract;
THENCE: Generally with the fence, and with the ostensible common
survey line of said Survey 14 (A-1265) and said Survey 11 for the
following two (2) calls:
1.) N 89° 12' 41" W, for a distance of 1938.35 feet to a found
1/2" diameter rebar marking the ostensible northwest survey corner
of said Survey 11, marking an ostensible interior survey corner of
said Survey 14 (A-1265), and marking an interior corner of the
herein described tract;
2.) S 01° 32' 13" W, for a distance of 1370.61 feet to a found
1/2" diameter rebar marking the south corner of the herein
described tract;
THENCE: S 89° 59' 58" W, for a distance of 2325.38 feet to a found
1/2" diameter rebar marking the southwest corner of the herein
described tract;
THENCE: With the herein described tract for the following two (2)
calls:
1.) N 00° 00' 46" E, passing the ostensible common survey
line of said Survey 14 (A-1265) and said Survey 14 (A-1266),
continuing on the same course for a distance of 310.01 feet to a
found 1/2" diameter rebar marking an interior corner of the herein
described tract;
2.) N 89° 59' 50" W, for a distance of 1461.79 feet to a found
1/2" diameter rebar at a point on the northeasterly margin of U.S.
Highway 277, and marking an exterior corner of the herein described
tract;
THENCE: N 19° 20' 14" W, with the northeasterly margin of U.S.
Highway 277 and the herein described tract for a distance of 84.72
feet to a found 1/2" diameter rebar marking an exterior corner of
the herein described tract;
THENCE: With the herein described tract for the following three (3)
calls:
1.) N 89° 59' 55" E, for a distance of 1401.19 feet to a
found 1/2" diameter rebar marking an interior corner of the herein
described tract;
2.) N 00° 00' 29" W, for a distance of 299.93 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
3.) S 89° 59' 40" W, for a distance of 105.08 feet to a found
1/2" diameter rebar marking an exterior corner of the herein
described tract;
THENCE: With the herein described tract for the following two (2)
calls:
1.) N 00° 00' 33" W, for a distance of 300.01 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
2.) N 89° 59' 48" W, for a distance of 1507.17 feet to a found
1/2" diameter rebar at a point on the northeasterly margin of U.S.
Highway 277, and marking an exterior corner of the herein described
tract;
THENCE: N 19° 22' 52" W, with the northeasterly margin of U.S.
Highway 277 and the herein described tract for a distance of 84.76
feet to a found 1/2" diameter rebar marking an exterior corner of
the herein described tract;
THENCE: With the herein described tract for the following three (3)
calls:
1.) N 89° 59' 59" E, for a distance of 1401.22 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
2.) N 00° 00' 36" W, for a distance of 299.89 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
3.) N 89° 59' 11" W, for a distance of 105.57 feet to a found
1/2" diameter rebar marking an exterior corner of the herein
described tract;
THENCE: With the herein described tract for the following two (2)
calls:
1.) N 00° 00' 27" E, for a distance of 300.09 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
2.) N 89° 59' 55" W, for a distance of 1506.77 feet to a found
1/2" diameter rebar at a point on the northeasterly margin of U.S.
Highway 277, and marking an exterior corner of the herein described
tract;
THENCE: N 19° 20' 35" W, with the northeasterly margin of U.S.
Highway 277 and the herein described tract for a distance of 63.59
feet to a found 1/2" diameter rebar marking an exterior corner of
the herein described tract;
THENCE: With the herein described tract for the following three (3)
calls:
1.) S 89° 59' 55" E, passing the ostensible common survey
line of said Survey 14 (A-1266) and said Survey 14 (A-1265),
continuing on the same course for a distance of 2669.59 feet to an
unmarked corner marking an interior corner of the herein described
tract, from which point a found 1/2" diameter rebar in concrete
bears N 14° 19' 01" W at a distance of 0.12 feet;
2.) N 00° 00' 00" W, for a distance of 320.00 feet to an
unmarked corner marking an interior corner of the herein described
tract, from which point a found 1/2" diameter rebar in concrete
bears S 28° 33' 56" W at a distance of 0.19 feet;
3.) N 90° 00' 00" W, passing the ostensible common survey
line of said Survey 14 (A-1265) and said Survey 14 (A-1266),
continuing on the same course for a distance of 1381.04 feet to a
2.5" diameter pipe 3-way fence corner post marking an exterior
corner of the herein described tract;
THENCE: With the herein described tract for the following two (2)
calls:
1.) N 00° 00' 00" W, for a distance of 300.00 feet to an
unmarked corner marking an interior corner of the herein described
tract, from which a 4.5" diameter pipe 2-way fence corner post bears
S 64° 12' 27" W at a distance of 0.47 feet;
2.) N 90° 00' 00" W, at 1505.99 feet passing a 3" diameter
pipe 2-way fence corner post, continuing on the same course for a
total distance of 1506.73 feet to an unmarked corner at a point on
the northeasterly margin of U.S. Highway 277, and marking an
exterior corner of the herein described tract;
THENCE: N 19° 24' 27" W, with the northeasterly margin of U.S.
Highway 277 and the herein described tract for a distance of 84.85
feet to a found 1/2" diameter rebar marking an exterior corner of
the herein described tract;
THENCE: With the herein described tract for the following three (3)
calls:
1.) S 89° 59' 48" E, for a distance of 1402.72 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
2.) N 00° 00' 01" E, for a distance of 300.08 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
3.) S 89° 59' 02" W, for a distance of 69.05 feet to an
unmarked corner marking an exterior corner of the herein described
tract, from which a 4.5" diameter pipe 2-way fence corner post bears
S 67° 48' 44" W at a distance of 0.48 feet;
THENCE: With the herein described tract for the following two (2)
calls:
1.) N 00° 00' 00" W, for a distance of 300.00 feet to an
unmarked corner marking an interior corner of the herein described
tract, from which a 4.5" diameter pipe 2-way fence corner post bears
S 26° 03' 27" W at a distance of 0.45 feet;
2.) N 90° 00' 00" W, at 1473.34 feet passing a 9" diameter
pipe 2-way fence corner post, continuing on the same course for a
total distance of 1476.08 feet to an unmarked corner at a point on
the northeasterly margin of U.S. Highway 277, at a point along a
curve to the right whose radius is 2838.31 feet, and marking an
exterior corner of the herein described tract;
THENCE: Northeasterly with said curve deflecting continuously and
uniformly to the right, for an arc distance of 80.39 feet (chord = N
05° 37' 13" W, 80.39 feet, D = 01° 37' 22") to a found 1/2" diameter
rebar marking an exterior corner of the herein described tract;
THENCE: With the herein described tract for the following two (2)
calls:
1.) S 89° 59' 58" E, for a distance of 1446.15 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
2.) N 00° 00' 24" E, for a distance of 300.06 feet to a found
1/2" diameter rebar marking an exterior corner of the herein
described tract;
THENCE: With the herein described tract for the following three (3)
calls:
1.) S 89° 31' 57" E, for a distance of 7.23 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
2.) N 00° 00' 38" W, for a distance of 300.06 feet to a found
1/2" diameter rebar marking an interior corner of the herein
described tract;
3.) S 89° 59' 44" W, for a distance of 1440.32 feet to a found
1/2" diameter rebar at a point on the southeasterly margin of
Maverick Industrial Park Road, marking an exterior corner of the
herein described tract;
THENCE: N 06° 32' 13" E, generally with the converging fence, and
with the southeasterly margin of Maverick Industrial Park Road and
the herein described tract for a distance of 4016.93 feet to the
Place of Beginning and containing 879.49 acres, more or less, of
land within the herein described boundary.
FIELD NOTES FOR A BOUNDARY SURVEY OF 300.04 ACRES, MORE OR LESS
Being a boundary survey of 300.04 acres, more or less, of land lying
in Maverick County, Texas, being out of and parts of G. C. & S. F.
RR. Co. Survey 11, Abstract No. 1049, and G. C. & S. F. RR. Co.
Survey 13, Abstract No. 1052, and also being that same certain
tract called 300.04 acres as described in conveyance document to
Farming Hydrasource, LLC, recorded in Document Number 2324278 of
the Maverick County Official Public Records, Maverick County,
Texas.
BEGINNING at a found 1/2" diameter rebar marking the ostensible
common survey corner of said Survey 11 and J. Wipff Survey 14,
Abstract No. 1265, and marking the northwest corner of the herein
described tract;
THENCE: S 89° 12' 41" E, generally with the fence, and with the
ostensible common survey line of said Survey 11 and said Survey 14
for a distance of 1938.35 feet to a 4.5" diameter pipe 3-way fence
corner post marking the ostensible common survey corner of said
Survey 14 and F. Valdez Survey 22, Abstract No. 1142, and marking a
deflection point of the herein described tract;
THENCE: S 88° 53' 30" E, generally with the fence, and with the
ostensible common survey line of said Survey 11 and said Survey 22
for a distance of 3460.03 feet to a found 1/2" diameter rebar
marking the ostensible common survey corner of said Survey 11 and P.
W. Thomason Survey 12, Abstract No. 1321, and marking the northeast
corner of the herein described tract;
THENCE: S 00° 57' 57" W, generally with the fence, and with the
ostensible common survey line of said Survey 11 and said Survey 12
for a distance of 2419.98 feet to a found 1/2" diameter rebar
marking the southeast corner of the herein described tract, from
which a found 5/8" diameter rebar with a plastic cap marked "RPLS
1753/PROP. COR." bears S 00° 57' 57" W at a distance of 2957.62 feet;
THENCE: N 88° 47' 00" W, for a distance of 5393.91 feet to a leaning
6.5" diameter pipe 2-way fence corner post marking a deflection
point of the herein described tract;
THENCE: Generally with the fence for the following two (2) calls:
1.) N 89° 05' 00" W, passing the ostensible common survey line of
said Survey 11 and said Survey 13, continuing on the same course for
a distance of 318.43 feet to a 6.5" diameter pipe 3-way fence corner
post marking the southwest corner of the herein described tract;
2.) N 00° 19' 13" W, for a distance of 50.45 feet to a found 5/8"
diameter rebar with a plastic cap marked "RPLS 1753/ PROP. COR." at
a point on the ostensible common survey line of said Survey 13 and
said Survey 14, and marking an exterior corner of the herein
described tract;
THENCE: Generally with the fence for the following two (2) calls:
1.) S 89° 31' 33" E, with the ostensible common survey line of said
Survey 13 and said Survey 14 for a distance of 291.46 feet to a found
1/2" diameter rebar marking the ostensible common survey corner of
said Survey 13 and said Survey 14, at a point on the ostensible
westerly line of said Survey 11, marking an exterior corner of said
1076.653 acres, and marking a reentrant corner of the herein
described tract;
2.) N 01° 32' 33" E, with the ostensible common survey line of said
Survey 11 and said Survey 14 for a distance of 2346.43 feet to the
Place of Beginning and containing 300.04 acres, more or less, of
land within the herein described boundary.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. (a) Section 4011.0313, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 4011, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 4011.0313 to read as follows:
Sec. 4011.0313. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
Pos. No. Name of Director
1 Ruben Garibay
2 David Higgerson
3 Bobby Babcock
4 Rob Russell
5 Benito Martinez III