HomeMy WebLinkAbout23-577RESOLUTION NO. 22-577
A RESOLUTION OF THE CITY OF DENTON, TEXAS, SUPPORTING LEGISLATION TOCREATE TABOR RANCH MUNICIPAL MANAGEMENT DISTRICT THROUGH ACT OFTHE 88TH LEGISLATURE OF THE STATE OF TEXAS; AND PROva)ING AN EFFECTIVEDATE.
WHEREAS, Tabor Ranch, LLC (the “Developer”) owns approximately 599.392 acres of
undeveloped or underdeveloped land within the extratenitorial jurisdiction of the City of Denton,
Texas (the “City”) described in Exhibit A, which the Developer intends to develop as a master-
planned residential community (the “Development“); and
WHEREAS, the Developer has proposed the creation of the Tabor Ranch Municipal
Management District (the “District”) by the Texas Legislature over the land to finance public
improvements within the Development, including the construction and maintenance of water,
wastewater, and drainage facilities, roads, and park and recreational facilities; and
WHEREAS, the City desires to support legislation for the creation of the District to develop
the land within the District for residential and commercial uses subject to the City’s review and
consent; and
WHEREAS, the Texas Local Government Code provides that a political subdivision, one
purpose of which is to suppiy fresh water for domestic or commercial use or to furnish sanitary
sewer services, roadways, or drainage, may not be created within a city’s extraterritorial
jurisdiction without the city’s written consent; and
WHEREAS, the City and the Developer are currently negotiating a variety of issues
regarding the development of the District, which include without limitation, immediate or future
connection to City water infrastructure, wastewater treatment, dedication of land to City for water
storage and for fire and emergency medical services facilities, public infrastructure and services,
tax rate, division, methods of financing improvements, other development and project
requirements, and operating requirements for the District; and
WHEREAS, the City is in support of such legislation and will continue to work with the
Developer on issues, regulations, and agreements pertaining to the development of land within the
District and operating requirements for the District, but reserves the City’s right to grant, condition,
or withhold its consent to the creation of the District after passage of the legislation; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The facts and opinions in the preamble of this resolution are true and correct.
SECTION 2. The City Council supports the passage of special legislation in the 88th Texas
Legislature for the creation of the District, provided that such legislation does not substantially
differ from the legislation attached hereto as Exhibit A and incorporated herein for all purposes.
SECTION 3. The passage of this resolution does not constitute the City’s specific consent
to the creation of the District as required by law, including but not limited to, the Constitution,
Local Government Code Chapter 375, legislation attached hereto as Exhibit A, and general laws
of the State of Texas, and the City specifically reserves the right to grant or deny its consent to the
District and impose consent conditions on the District.
SECTION 4. The City Council retains the right to withdraw its support from the legislation
creating the District if during the legislative process provisions in the legislation attached hereto
are substantively amended.
SECTION 5. THAT this resolution shall be in full force and effect from and after its
passage.
The motion to applove thisseconded by 1/, i 1(; --B/r J
resolution was m'd' by Gp,„. J_ H . Jsp'+L,. The resolution was passed aNd appro red by
the following vote A - a
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis. District 3 :VACANT. District 4 :
Brandon Chase McGee,
At Large Place 5 :
Chris Watts, At Large Place 6:
,/
+4JZ ,Z
,/‘,/
PASSED AND APPROVED this the _= day of _/l&r&b,, 2023
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY L\\\III IIIIDE&
•• @
iPBe;Pt+BY:He
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
g#38--- A;iT'=:;:!BY:
EXHIBIT “ A”
Tabor Ranch Municipal Management District
Legislation - Bill
H . B . No .
AN ACT
relating to the creation of the Tabor Ranch Municipal Management
District ; providing authority to issue bonds ; providing authority
to impose assessments , fees , and taxes .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4 , Special District Local Laws
Code, is amended by adding Chapter to read as follows :
CHAPTER . TABOR RANCH MUNICIPAL MANAGEMENT DISTRICT
SUBCFLAPTER A. GENERAL PROVISIONS
Sec . . 0001 . DEFINITIONS . In this chapter :
( 1 ) "Board" means the district 1 s board of directors .
( 2 ) "City" means the City of Denton .
( 3 ) "Development agreement" means an initial development
agreement between the city and the developer of lands within the
district , that establishes the standards that apply to development
in the district .
( 4 ) "Director" means a board member .
( 5 ) " District
Management DistrIct .
means the Tabor Ranch Municipal
Page - 1 -
H B No
Sec . . 0002 . NATURE OF DISTRICT . The Tabor Ranch
Municipal Management District is a special district created under
Section 59 r Article XVI r Texas Constitution ,
Sec . . 0003 . 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 city 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 .
(d) This chapter and the creation of the district may not be
interpreted to relieve the city from providing the level of
services provided as of the effective date of the Act enacting
this chapter to the area in the district . The district is created
to supplement and not to supplant city services provided in the
Page –2 –
H . B . No .
district
Sec . . 0004 . 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
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
corrlrrLe rce
(d)
preserve, maintain, and enhance the economic health and vitality
Page –3 –
H B No
of the district territory as a community and busIness center;
( 3 ) promote the health, safety, welfare , and en lo)rment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district , which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
( 4 ) provide for water, wastewater, drainage, road, and
recreational facilities for the district
( e ) Pedestrian ways along or across a street , whether at
grade or above or below the surface , and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement .
( f ) The district will not act as the agent or instrumentality
of any private interest even though [he district will benefit many
private interests as well as the public .
Sec . . 0005 . 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
Page –4 –
process does not affect the district's :
( 1 ) organization, existence, or validity;
H B No
(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 . . 0006 . 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 . , 0007 . APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW . Except as otherwise provided by this chapter,
Chapter 375 , Local Government Code, applies to the district .
Sec . . 0008 . PRECONDITION; EXPIRATION . (a) The district
may not exercise any powers under this chapter until an initial
development agreement is executed .
(b) This chapter , including Section . 0053 , expires
September 1, 2025 , if the development agreement is not executed by
Page –5 –
H . B . No .
date
Sec . . 0009 . CONSTRUCTION OF CHAPTER . This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter .
SUBC}{APTER B. BOARD OF DIRECTORS
c . . 0051. GOVERNING BODY; TERIYiS . (a) The district isSe
governed by a board of five elected directors who serve staggered
terms of four years .
(b) Directors are elected in the manner provided by
Suk)chapter D, Chapter 49 , Water Code .
( c) Notice of each board meeting shall be posted with the
City Secretary of the city at least 72 hours prior to the meeting
time . Board meetings shall be held in a location that is accessible
to the general public .
Sec . . 0052 . COMPENSATION; EXPENSES . (a) The district
may compensate each director in an amount not to exceed $150 for
each board meeting . The total amount of compensation for each
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 .
Sec . . 0053 . INITIAL DIRECTORS .
that
(a)The initial board
Page –6 –
H . B . No .
consists of the following directors :
Pos . No . Name of Director1
(b ) Of the initial directors , the terms of directors
2
3
4
5
appointed for positions one through three expire June 1, 2025 , and
the terms of directors appointed for positions four and five expire
June 1 r 2027 ,
SUBCHAPTER C. POWERS AND DUTIES
. 0101. GENERAL POWERS AND DUTIES . The district hasSec
the powers and duties necessary to accomplish the purposes for
which the district is created .
Sec . . 0102 . IMPROVEMENT PROJECTS AND SERVICES . (a ) The
district, using any money available to the district for the
purpose , may provide , design , construct , acquire , improve ,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375 , Local
Government Code .
(b ) The district may contract with a governmental or private
entity to carry out an action under Subsection (a) .
Page –7 –
H B No
(c) The implementation of a district project or service is
a governmental function or service for the purposes of Chapter
791, Government Code .
(d) All district projects or services must comply with city
codes , ordinances , and regulations .
(e) The district may not provide, conduct, or authorize an
improvement pro I ect on any streets , highways , rights–of–way, or
easements owned or controlled by the city without the consent of
the governing body of the city .
Sec . . 0103 . NONPROFIT CORPORATION . (a) The board, with
consent of the governing body of the city, 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 Suk)chapter 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
Page –8 –
H B No
corporation shall serve in the same manner as the board of
directors of a local government corporation created under
Suk)chapter D, Chapter 431, Transportation Code , except that a board
member is not required to reside in the district .
Sec . . 0104 . LAW ENFORCEMENT SERVICES . To protect the
public interest, the district may contract with a qualified party,
including the city, to provide additional law enforcement services
in the district for a fee .
Sec . . 0105 . 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 . . 0106 . ECONOMIC DEVELOPMENT PROGRAMS . (a)
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
The
Page –9 –
H B No
and exercise the economic development powers provided to
municipalities by :
( 1 ) Chapter 380 , Local Government Code; and
(2 ) Suk)chapter A, Chapter 1509, Government Code .
Sec . . 0107 . 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 1 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 . . 0108 . 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 , subject
Page –10 –
H. B . No .
to the consent of the governing body of the city .
Sec. . 0109. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors 1
signatures and the procedure required for a disbursement or
transfer of district money .
Sec . . 0110 . DIVISION OF DISTRICT . ( a ) The district may
be divided into two or more new districts only if the district :
( 1 ) has no outstanding bonded debt; and
( 2 ) is not imposing ad valorem taxes .
(b) This chapter applies to any new district created by the
division of the district , and a new district has all the powers
and duties of the district .
( c ) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter .
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value
of the real property in the district, may adopt an order dividing
the district .
(e ) An order dividing the district must :
( 1 ) name each new district ;
Page –11 –
H . B . No .
(2 ) include the metes and bounds description of the
territory of each new district ;
( 3 ) appoint initial directors for each new distrIct ;
and
( 4 ) provide for the division of assets and liabilities
between or among the new districts .
( f ) On or before the 30th day after the date of adoption of
an order dividing the district , the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located .
(g) Any new district created by the divisIon of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes .
(h) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
. 0206 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district in accordance with the terms
of the development agreement .
Sec . . 0111 . EMINENT DOMAIN .The district may exercise
Page –12 –
H B No
the power of eminent domain only in the manner and to the extent
provided by Chapter 49.222 , Water Code .
SUBCHAPTER D. ASSESSMENTS
Sec. . 0151. 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 ma]ority of the assessed value of real property in
the district sub] ect to assessment according to the most recent
certified tax appraisal roll for the county .
Sec . . 0152 . 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
Page –13 –
H . B . No .
assessed;
(2 ) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad
valorem taxes ; and
( 3 ) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings .
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment
is paid . The board may enforce the lien in the same manner that
the board may enforce an ad valorem tax lien against real property .
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing
in the manner required for additional assessments .
Sec. . 0153 . CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
Section 375.161, Local Government Code, does not apply to the
district .
DUE)\=flftF 1 link EJ T 1 HA EID ALI LJ DULI LiD
Sec . . 0201. 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
Page –14 –
H . B . No .
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 . . 0202 . OPERATION AND MAINTENANCE TAX . (a) if
authorized by a majority of the district voters voting at an
eLection under Section . 0201, 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. . 0203. 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 , by public or private sale , bonds ,
notes , or other obligations payable wholly or partly from ad
valorem taxes , assessments , impact fees , revenue , contract
Page –15 –
H B No
payments , grants , or other district money, or any combination of
those sources of money, to pay for any authorized district purpose .
(c) The limitation on the outstanding principal amount of
bonds , notes , or other obligations provided by Section 49.4645 ,
Water Code, does not apply to the dIstrict .
(d) The district may issue, by public or private sale, bonds ,
notes , or other obligations payable wholly or partly from
assessments in the manner provided by Suk)chapter A, Chapter 372 ,
Local Government Code , if the improvement financed by Che
obligation issued under this section will be conveyed to or
operated and maintained by a municipality or other retail utility
provider pursuant to an agreement with the district entered into
before the issuance of the obligation .
Sec. . 0204 . BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS . The district may issue , without an election, bonds
secured by:
( 1 ) revenue other than ad valorem taxes ;
(2 ) contract payments , provided that the requirements
of Section 49.108 , Water Code , have been met ; or
( 3 ) other contract revenues .
Sec . . 0205 . BONDS SECURED BY AD VALOREM TAXES ; ELECTIONS .
(a) if authorized at an election under Section . 0201, the
Page –16 –
H . B . No .
district may issue bonds payable from ad valorem taxes .
(b) At the time the district issues bonds payable wholly or
partly from ad valorem taxes , the board shall provide for the
annual imposition of a continuing direct annual ad valorem tax,
without limit as to rate or amount , for each year that all or part
of the bonds are outstanding as required and in the manner provided
by Sections 54.601 and 54.602 , Water Code .
( c) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election .
Sec . . 0206 . CONSENT OF MUNICIPALITY REQUIRED . (a) The
board may not issue bonds until each municipality in whose
corporate limits or extraterritorial ]urisdiction the district is
located has consented by ordinance or resolution to the creation
of the district and to the inclusion of land in the district .
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes .
SUBCFLAPTER Z . DISSOLUTION
Sec . . 0901. DISSOLUTION . (a) Except as limited by
Section 375.264 , Local Government Code, the board shall dissolve
the district on written petition filed with the board by the owners
Page –17 –
H B No
( 1 ) 66 percenE or more of the assessed value subject to
of
assessment by the district of the property in the district based
on the most recent certified county property tax rolls ; or
( 2 ) 66 percent or more 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 district may not be dissolved 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 has contracted
with another party for the ownership and operation or maintenance
of the public works , facilities , or improvements .
(c) Section 375.262 , Local Government Code, does not apply
Page –18 –
H. B . No .
to the district .
SECTION 2 . The Tabor Ranch Municipal Management District
initially includes all territory contained in the following area :
BEING, 599.392 ACRES OF LAND LOCATED IN THE S. WINFREY SURVEY,
ABSTRACT NUMBER 1319, DENTON COUNTY, TEXAS, BEING ALL OF THE TABOR
RANCH, LLC. CALLED 105.888 ACRE TRACT, ALL OF THE TABOR RANCH,
LLC. CALLED 21 ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED
52.437 ACRE TRACT, ALL OF THE TABOR RANCH, LLC. CALLED 177–1/2
ACRE TRACT AND ALL OF THE TABOR RANCH, LLC. CALLED 173.93 ACRE
TRACT AS DESCRIBED IN DOCUMENT NUMBER 2010–12029 DEED RECORDS
DENTON COUNTY, TEXAS (D.R.D.C. T. ) , AND BEING A PART OF THE CALLED
70.892 ACRE TRACT, DESCRIBED IN A DEED TO BEALL LEGACY PARTNERS,
LP, RECORDED IN INSTRUMENT NUMBER 148598, (D.R. D.C. T. ) AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS BY METES AND BOUNDS :
BEGINNING AT A 1/2" IRON ROD FOUND IN THE APPROXIbCATE INTERSECTION
OF THE CENTERLINE OF GEORGE OWENS (NO RECORD FOUND BY SURVEYOR)
AND THE SOUTH LINE OF OLD STONEY ROAD (NO RECORD FOUND BY
SURVEYOR) , IN THE NORTH LINE OF THE BRYAN ANDERSON CALLED 125 ACRE
TRACT RECORDED IN VOLUME 358, PAGE 88 (D.R.D.C. T. ) AND AT THE
SOUTHEAST CORNER OF SAID 52.437 ACRE TRACT) ;
THENCE SOUTH 89 DEGREES 53 MINUTES 21 SECONDS WEST, AT A DISTANCE
OF 1710.80 FEET PASS A 1/211 IRON ROD FOUND IN THE SOUTH LINE OF
Page –19 –
H . B . No .
SAID OLD STONEY ROAD, AT THE NORTHWEST CORNER OF SAID 125 ACRE
TRACT AND BEING THE COMMON NORTHEAST CORNER OF THE FRED E. KENNEDY
AND MARSHA A. KENNEDY, CALLED 5.322 ACRE TRACT RECORDED IN
INSTRUMENT NUMBER 1993–42458 (D.R. D.C. T. ) CONTINUING ALONG THE
SOUTH LINE OF OLD STONEY ROAD AND THE NORTH LINE OF SAID 5.322 A
TOTAL DISTANCE OF 1792.00 FEET TO A 1/211 IRON ROD WITH CAP STAMPED
110NEAL 657011 SET AT THE SOUTHWEST CORNER OF SAID 52.437 ACRE TRACT
SAME BEING THE COMMON SOUTHEAST CORNER OF SAID 177 – 1/ 2 ACRE TRACT ;
THENCE SOUTH 89 DEGREES 48 MINUTES 14 SECONDS WEST CONTINUING ALONG
THE SOUTH LINE OF SAID OLD STONEY ROAD, THE NORTH LINE OF SAID
5.322 ACRE TRACT, THE NORTH LINE OF THE MORADI ADDITION, AN
ADDITION RECORDED IN CABINET D, PAGE 69 PLAT RECORDS DENTON COUNTY,
TEXAS, THE NORTH LINE OF THE ANDREA BENNINGTON CALLED 5.286 ACRE
TRACT RECORDED IN VOLUME 5166, PAGE 3845 (D.R. D.C. T. ) , AND THE
NORTH LINE OF THE CAROL THOMAS CALLED 100 ACRE TRACT RECORDED IN
DOCUMENT NUMBER 95–0027698 (D.R.D.C. T. ) , A DISTANCE OF 1780.41
FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET AT THE
SOUTHWEST CORNER OF SAID 177–1/2 ACRE TRACT FROM WHICH AN AXLE
FOUND IN THE SOUTH LINE OF SAID OLD STONEY ROAD, AT THE NORTHWEST
CORNER OF SAID 100 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF
THE PAUL S. NULL AND JULIE K. NULL CALLED 4.005 ACRE TRACT RECORDED
Page –20
H . B . No .
IN VOLUME 4186, PAGE 315, (D.R.D.C. T. ) BEARS SOUTH 89 DEGREES 48
MINUTES 14 SECONDS WEST, A DISTANCE OF 1018.37 FEET;
THENCE NORTH 00 DEGREES 11 MINUTES 46 SECONDS WEST, ALONG THE WEST
LINE OF SAID 177–1/2 ACRE TRACT A DISTANCE OF 50.33 FEET TO A 3/8
IRON ROD FOUND (SLICK) IN THE NORTH LINE OF SAID OLD STONEY ROAD
AND AT THE SOUTHEAST CORNER OF SAID 173.93 ACRE TRACT;
THENCE SOUTH 89 DEGREES 55 MINUTES 21 SECONDS WEST ALONG THE SAID
NORTH LINE OF OLD STONEY ROAD A DISTaNCE OE 1819.38 FEET TO A PIPE
FENCE CORNER (WITH FLAGGING) FOUND AT THE SOUTHWEST CORNER OF SAID
173.93 ACRE TRACT, SAME BEING THE COMMON SOUTHEAST CORNER OF THE
,J. YOUNG LAND & CATTLH, LTD CALLED 153.86 ACRE TRACT RECORDED IN
INSTRUMENT NUMBER 2003–203076 (D.R.D.C. T. ) ;
THENCE NORTH 00 DEGREES 02 MINUTES 53 SECONDS EAST, A DISTANCE OF
4165.36 FEET TO A 60D NAIL (FLAGGED) FOUND IN THE SOUTH LINE OF
THE DANIEL ROBERSON BYPASS TRUST SCHOOLFIELD CALLED 174.14 AC TRACT
RECORDED IN VOLUME 297, PG. 412 AT THE NORTHWEST CORNER OF SAID
173.93 ACRE TRACT SAME BEING THE COMMON NORTHEAST CORNER OF SAID
153,86 ACRE TRACT;
THENCE NORTH 89 DEGREES 45 MINUTES 22 SECONDS EAST, A DISTANCE OF
1818.76 FEET TO A 1/2" IRON ROD WITH CAP STAMPED “ONEAL 6570" SET
IN THE WEST LINE OF SAID 177–1/2 ACRE TRACT AT THE NORTHEAST CORNER
Page –21 –
H . B . No .
OF SAID 173.93 ACRE TRACT SAME BEING THE COMMON SOUTHEAST CORNER
OF SAID 174.14 ACRE TRACT;
THENCE NORTH 00 DEGREES 12 MINUTES 29 SECONDS EAST, A DISTANCE OF
r53.04 FEET TO A 1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET
IN THE EAST LINE OF SAID 174.14 ACRE TRACT AT THE NORTHWEST CORNER
OF SAID 177-1/2 ACRE TRACT, AND BEING THE COMMON SOUTHWEST CORNER
OF THE RK & RK INVESTMENTS, INC. CALLED 79 ACRE TRACT RECORDED IN
INSTRUMENT NUMBER 2Q18–99798 (D. R. D. C. T . ) ;
THENCE SOUTH 89 DEGREES 47 MINUTES 31 sncoNDS EAST, A DISTANCE OF
1793.00 FEET TO A 5/811 IRON ROD FOUND AT THE SOUTHEAST CORNER OF
SAID 79 ACRE TRACT, SAME BEING THE COMMON NORTHEAST CORNER OF SAID
177–1/2 ACRE TRACT, THE COMMON NORTHWEST CORNER OF SAID r05. 888
ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF SAID 70.892 ACRE
TRACT ;
THENCE NORTH 00 DEGREES 11 MINUTES 14 SECONDS EAST ALONG THE WEST
LINE OF SAID 70.892 ACRE TRACT AND THE COMMON EAST LINE OF SAID 79
ACRE TRACT, A DISTANCE OF 1670.02 FEET TO A A 1/2" IRON ROD WITH
CAP STAMPED ''ONEAL 6570" SET AT THE SOUTHWEST CORNER OF A CALLED
4.4425 ACRE TRACT DESCRIBED IN A DEED TO THE STATE OF TEXAS,
RECORDED IN INSTRUMENT NUMBER 2008–33229, (D . R. D. C. T. ) , AND BEING
THE SOUTH RIGHT–OF–WAY LINE OF US HIGHWAY 380;
Page –22 –
H . B . No .
THENCE SOUTH 87 DEGREES 16 MINUTES 24 SECONDS EAST, ALONG THE SOUTH
RIGHT-OF–WAY LINE, A DISTANCE OF 1798.32 FEET TO A PK NAIL SET AT
THE SOUTHEAST CORNER OF SAID 4.4425 ACRE TRACT AND BEING IN THE
EAST LINE OF SAID 70.892 ACRE TRACT, AND BEING WITHIN GEORGE OWENS
ROAD .
THENCE SOUTH 00 DnGREES 58 MINUTES 08 SZCONDS WEST, ALONG THE =AST
LINE OF SAID 70.892 ACRE TRACT, A DISTANCE OF 1592.60 FEET TO 1/211
IRON ROD WITH YELLOW CAP STAMPED "METROPLEX 1849" FOUND AT THE
SOUTHEAST CORNER OF SAID 70.892 ACRE TRACT, AND BEING INN THE NORTH
LINE OF SAID 105.888 ACRE TRACT;
THENCE SOUTH 89 DEGREES 44 MINUTES 46 SECONDS EAST, ALONG THE NORTH
LINE OF SAID 105.888 ACRE TRACT, A DISTANCE OF 19.16 FEET TO A
1/2" IRON ROD WITH CAP STAMPED "ONEAL 6570" SET IN THE APPROXIMATE
CENTERLINE OF SAID GEORGE OWENS ROAD, SAME BEING THE WEST LINE OF
THE FONDER PROPERTIES, LLC CALLED 104.290 ACRE TRACT RECORDED IN
INSTRUMENT NUMBER 12243 (D.R.D.C. T. ) AND BEING AT THE NORTHEAST
CORNER OF SAID 105.888 ACRE TRACT;
THENCE SOUTH 00 DEGREES 14 MINUTES 19 SECONDS WEST ALONG THE EAST
LINE OF SAID 105.888 ACRE TRACT SAME BEING THE COMMON WEST LINE OF
SAID 104.290 ACRE TRACT AND THE COMMON WEST LINE OF THE ,JOE B.
TINDLE AND WIFE ORLAN TINDLE CALLED 272.67 ACRE TRACT RECORDED IN
Page –23 -
H . B . No .
VOLUME 616, PAGE 338, (D.R. D.C. T. ) , A DISTANCE OF 3075.71 FEET TO
A 1/2" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID 105.888 ACRE
TRACT SAME BEING THE COMMON NORTHEAST CORNER OF THE SAID 52.437
ACRE TRACT;
THENCE SOUTH 00 DEGREES 13 MINUTES 28 SECONDS WEST, CONTINUING
ALONG THE EAST LINE OF SAID 52.437 ACRE TRACT AND THE COMMON WEST
LINE OF SAID 272.67 ACRE TRACT, A DISTANCE OF 1274.32 FEET TO THE
POINT OF BEGiNNING AND CONTAINING 599.392 ACRES OF LAND, MORE OF
LESS BEARINGS RECITED HEREIN ARE BASED UPON THE TEXAS COORDINATE
SYSTEM OF 1983 (2011) , NORTH CENTRAL ZONE (4202) .
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 ,
Page –24 –
H . B . No .
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 . If this Act does not receive a two–thirds vote
of all the members elected to each house , Suk>chapter C, Chapter
, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by revising Section . 0111 to read as
follows :
Sec . . 0111. NO EMINENT DOMAIN POWER . The district may
not exercise the power of eminent domain .
SECTION 5 . This Act takes effect immediately if it receives
a vote of two–thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution . If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023 .
Page –25 –