Texas 2011 - 82nd Regular

Texas House Bill HB3861 Compare Versions

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1	1	By: Craddick H.B. No. 3861
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Midland County Utility District;
7	7	providing authority to impose a tax and issue bonds; granting a
8	8	limited power of eminent domain
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 9016 to read as follows:
12	12	CHAPTER 9016. MIDLAND COUNTY UTILITY DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 9016.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "County" means Midland County.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Midland County Utility
21	21	District.
22	22	(6) "Municipality" means a municipality in whose
23	23	corporate limits or extraterritorial jurisdiction the district is
24	24	located.
25	25	Sec. 9016.002. NATURE OF DISTRICT. The district is a water
26	26	control and improvement district created under Section 59, Article
27	27	XVI, Texas Constitution.
28	28	Sec. 9016.003. CONFIRMATION AND DIRECTORS' ELECTION
29	29	REQUIRED. The temporary directors shall hold an election to
30	30	confirm the creation of the district and to elect five permanent
31	31	directors as provided by Section 49.102, Water Code.
32	32	Sec. 9016.004. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section 9016.003
34	34	until each municipality in whose corporate limits or
35	35	extraterritorial jurisdiction the district is located has
36	36	consented by ordinance or resolution to the creation of the
37	37	district and to the inclusion of land in the district.
38	38	Sec. 9016.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
39	39	The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of a
41	41	water control and improvement district as provided by general law
42	42	and Section 59, Article XVI, Texas Constitution.
43	43	Sec. 9016.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 9016.006-9016.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 9016.051. GOVERNING BODY; TERMS. (a) Except as
59	59	provided by Subsection (c), the district is governed by a board of
60	60	five elected directors.
61	61	(b) Except as provided by Section 9016.052, directors serve
62	62	staggered four-year terms.
63	63	(c) If the municipality annexes any part of the territory of
64	64	the district, the municipality shall appoint one ex officio member
65	65	to the board to serve as a sixth director.
66	66	Sec. 9016.052. TEMPORARY DIRECTORS. (a) The temporary
67	67	board consists of:
68	68	(1) Shelton Viney;
69	69	(2) Susie Hitchcock-Hall;
70	70	(3) Alan Lang;
71	71	(4) David Orr; and
72	72	(5) Israel Rodriguez.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 9016.003; or
76	76	(2) September 1, 2015.
77	77	(c) If permanent directors have not been elected under
78	78	Section 9016.003 and the terms of the temporary directors have
79	79	expired, successor temporary directors shall be appointed or
80	80	reappointed as provided by Subsection (d) to serve terms that
81	81	expire on the earlier of:
82	82	(1) the date permanent directors are elected under
83	83	Section 9016.003; or
84	84	(2) the fourth anniversary of the date of the
85	85	appointment or reappointment.
86	86	(d) If Subsection (c) applies, the owner or owners of a
87	87	majority of the assessed value of the real property in the district
88	88	may submit a petition to the commission requesting that the
89	89	commission appoint as successor temporary directors the five
90	90	persons named in the petition. The commission shall appoint as
91	91	successor temporary directors the five persons named in the
92	92	petition.
93	93	Sec. 9016.053. NOTICE OF MEETINGS. The district shall
94	94	provide the municipality with written notice prior to a meeting of
95	95	the board.
96	96	[Sections 9016.053-9016.100 reserved for expansion]
97	97	SUBCHAPTER C. POWERS AND DUTIES
98	98	Sec. 9016.101. GENERAL POWERS AND DUTIES. The district has
99	99	the powers and duties necessary to accomplish the purposes for
100	100	which the district is created.
101	101	Sec. 9016.102. WATER CONTROL AND IMPROVEMENT DISTRICT
102	102	POWERS AND DUTIES. The district has the powers and duties provided
103	103	by the general law of this state, including Chapters 49 and 51,
104	104	Water Code, applicable to water control and improvement districts
105	105	created under Section 59, Article XVI, Texas Constitution.
106	106	Sec. 9016.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
107	107	OR RESOLUTION. The district shall comply with all applicable
108	108	requirements of any ordinance or resolution that is adopted under
109	109	Section 42.042, Local Government Code, and that consents to the
110	110	creation of the district or to the inclusion of land in the
111	111	district.
112	112	Sec. 9016.104. COMPLIANCE WITH MUNICIPAL REGULATIONS. (a)
113	113	Any water service infrastructure or public facilities constructed,
114	114	acquired, improved, maintained, or operated by the district shall
115	115	comply with any applicable regulations of the municipality in whose
116	116	corporate limits or extraterritorial jurisdiction the
117	117	infrastructure or public facilities are located.
118	118	(b) Any water system constructed, acquired, improved,
119	119	maintained, or operated by the district shall:
120	120	(1) comply with any applicable regulations of the
121	121	municipality regarding specifications for rural density; and
122	122	(2) contain distribution lines that are:
123	123	(A) four inches or more in diameter; and
124	124	(B) sufficient to provide fire hydrant service
125	125	according to the municipality's specifications for rural density.
126	126	Sec. 9016.105. COUNTY RIGHT-OF-WAY. The district must
127	127	obtain the approval of the county's governing body of the plans and
128	128	specifications of any facilities to be installed on property
129	129	located in a county right-of-way.
130	130	Sec. 9016.106. LIABILITY. Neither the county or
131	131	municipality are liable for any claims arising from the operation
132	132	of the district's water system or other actions or inactions of the
133	133	district, including issues related to labor, safety, or signage, or
134	134	contamination or other environmental issues.
135	135	Sec. 9016.107. SERVICES TO BE PROVIDED BY THE DISTRICT,
136	136	COUNTY, OR MUNICIPALITY. (a) The district may enter into an
137	137	interlocal contract with the county or municipality to provide
138	138	governmental functions, including fire protection, trash
139	139	collection and disposal, and ambulance service.
140	140	(b) Notwithstanding Subsection (a), the municipality is
141	141	authorized to provide sewer and drainage service in the district.
142	142	The municipality shall establish the amount of the fees to be
143	143	charged to recipients of sewer and drainage service under this
144	144	subsection.
145	145	(c) Notwithstanding Subsection (a), the district may not
146	146	provide any services within the territorial limits of the
147	147	municipality as those limits existed on September 1, 2011.
148	148	Sec. 9016.108. ANNEXATION BY MUNICIPALITY. (a) The
149	149	municipality may annex a part of the territory of the district
150	150	without annexing the entire territory of the district.
151	151	(b) If the city annexes all or part of the district, the
152	152	district is not:
153	153	(1) required to be dissolved; and
154	154	(2) prevented from providing district services to the
155	155	annexed territory.
156	156	(c) If any territory inside the district is annexed, the
157	157	owner of the territory shall pay the same rate of ad valorem tax to
158	158	the municipality as other residents of the municipality.
159	159	(d) By annexing territory in the district, the municipality
160	160	does not assume any debt of the district.
161	161	(e) The district may not contest an annexation by the
162	162	municipality.
163	163	Sec. 9016.109. WATER SERVICE DEADLINE. The district must
164	164	begin operation of a water system serving at least a part of the
165	165	district not later than the sixth anniversary of the date that
166	166	district voters approve the issuance of bonds to provide for the
167	167	development of the water system.
168	168	Sec. 9016.110. LIMITATION ON USE OF EMINENT DOMAIN. (a) The
169	169	district may not exercise the power of eminent domain:
170	170	(1) outside the district to acquire a site or easement
171	171	for a recreational facility as defined by Section 49.462, Water
172	172	Code; or
173	173	(2) in the corporate limits of the municipality as
174	174	those limits existed on September 1, 2011.
175	175	Sec. 9016.111. PROHIBITION ON DIVISION OF DISTRICT. The
176	176	district may not divide into two or more districts.
177	177	[Sections 9016.112-9016.150 reserved for expansion]
178	178	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
179	179	Sec. 9016.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
180	180	district may issue, without an election, bonds and other
181	181	obligations secured by:
182	182	(1) revenue other than ad valorem taxes; or
183	183	(2) contract payments described by Section 9016.153.
184	184	(b) The district must hold an election in the manner
185	185	provided by Chapters 49 and 51, Water Code, to obtain voter approval
186	186	before the district may impose an ad valorem tax or issue bonds
187	187	payable from ad valorem taxes.
188	188	(c) The district may not issue bonds payable from ad valorem
189	189	taxes to finance a road project unless the issuance is approved by a
190	190	vote of a two-thirds majority of the district voters voting at an
191	191	election held for that purpose.
192	192	Sec. 9016.152. OPERATION AND MAINTENANCE TAX. (a) If
193	193	authorized at an election held under Section 9016.151, the district
194	194	may impose an operation and maintenance tax on taxable property in
195	195	the district in accordance with Section 49.107, Water Code.
196	196	(b) The board shall determine the tax rate. The rate may not
197	197	exceed the rate approved at the election.
198	198	Sec. 9016.153. CONTRACT TAXES. (a) In accordance with
199	199	Section 49.108, Water Code, the district may impose a tax other than
200	200	an operation and maintenance tax and use the revenue derived from
201	201	the tax to make payments under a contract after the provisions of
202	202	the contract have been approved by a majority of the district voters
203	203	voting at an election held for that purpose.
204	204	(b) A contract approved by the district voters may contain a
205	205	provision stating that the contract may be modified or amended by
206	206	the board without further voter approval.
207	207	[Sections 9016.154-9016.200 reserved for expansion]
208	208	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
209	209	Sec. 9016.201. AUTHORITY TO ISSUE BONDS AND OTHER
210	210	OBLIGATIONS. The district may issue bonds or other obligations
211	211	payable wholly or partly from ad valorem taxes, impact fees,
212	212	revenue, contract payments, grants, or other district money, or any
213	213	combination of those sources, to pay for any authorized district
214	214	purpose.
215	215	Sec. 9016.202. TAXES FOR BONDS. At the time the district
216	216	issues bonds payable wholly or partly from ad valorem taxes, the
217	217	board shall provide for the annual imposition of a continuing
218	218	direct ad valorem tax, without limit as to rate or amount, while all
219	219	or part of the bonds are outstanding as required and in the manner
220	220	provided by Section 51.433, Water Code.
221	221	Sec. 9016.203. LIMITATION ON TAX RATE. Notwithstanding any
222	222	other provision of this chapter, the projected combined operation,
223	223	maintenance, and debt service tax rates as of the date of the
224	224	issuance of any bonds, as described by the commission in a
225	225	commission order approving the issuance of the bonds, may not
226	226	exceed 65 cents for each $100 of assessed valuation of property in
227	227	the district.
228	228	Sec. 9016.204. BONDS AND OTHER OBLIGATIONS NOT TO BE PAID BY
229	229	MUNICIPALITY OR COUNTY. Bonds or other obligations of the
230	230	district:
231	231	(1) may not be paid wholly or partly by taxes imposed
232	232	by the county or the municipality;
233	233	(2) are not debts of the county or municipality; and
234	234	(3) do not give rise to a claim against the county or
235	235	municipality.
236	236	SECTION 2. The Midland County Utility District initially
237	237	includes all the territory contained in the following area:
238	238	For 54,050 Acres of Land
239	239	Located in Various Sections and Blocks,
240	240	T&P RR Co. Survey, Midland County, Texas.
241	241	Boundary Being More Fully Described By Metes and Bounds As Follows:
242	242	BEGINNING at (Y= 10,677,038' and X= 1,736,917') a point in the west
243	243	line of Section 7, Block 39, T2S and a southerly line of Midland
244	244	city limits and being the most westerly northwest corner of this
245	245	tract;
246	246	THENCE S 14°19' E, a distance of 2685 feet to the southwest corner of
247	247	said Section 7 and being an ell corner of this tract;
248	248	THENCE N 75°10' E with the south right-of-way line of West County
249	249	Road 120, a distance of 7031 feet to a point in the north line of
250	250	Section 17 this block for a point of deflection of this tract;
251	251	THENCE S 64°46' E, a distance of 4725 feet to a point in the east line
252	252	of said Section 17 and in the west right-of-way line of South County
253	253	Road 1210 also being a point of deflection of this tract;
254	254	THENCE S 14°23' E with the west right-of-way line of said South
255	255	County Road 1210, a distance of 6340 feet to a point in the north
256	256	right-of-way line of West County Road 138 and being an ell corner of
257	257	this tract;
258	258	THENCE S 75°41' W with the north right-of-way line of said West
259	259	County Road 138, a distance of 3340 feet to a point in the west
260	260	right-of-way line of South County Road 1216 and being an ell corner
261	261	of this tract;
262	262	THENCE S 14°52' E with the west right-of-way line of said South
263	263	County Road 1216, a distance of 1272 feet to a point in the north
264	264	right-of-way line of West County Road 140 and being an ell corner of
265	265	this tract;
266	266	THENCE S 75°29' W with the north right-of-way line of said West
267	267	County Road 140, a distance of 1974 feet to a point near the
268	268	northwest corner of Section 29, Block 39, T2S and being an ell
269	269	corner of this tract;
270	270	THENCE S 14°16' E, a distance of 26,411 feet to a point near the
271	271	southwest corner of Section 6, Block 39, T3S and being the most
272	272	southerly southwest corner of this tract;
273	273	THENCE N 75°59' E, a distance of 15,901 feet to a point in the east
274	274	right-of-way line of State Highway 349 and being the most southerly
275	275	southeast corner of this tract;
276	276	THENCE N 14°08' W with the east right-of-way line of said State
277	277	Highway 349, a distance of 18,548 feet to a point near the southwest
278	278	corner of Condor Aviation Co. Inc. tract and being an ell corner of
279	279	this tract;
280	280	THENCE N 75°17' E, a distance of 5227 feet to a point in the east line
281	281	of Section 35, Block 39, T2S and being an ell corner of this tract;
282	282	THENCE N 14°23' W, a distance of 1604 feet to a point for an ell
283	283	corner of this tract;
284	284	THENCE N 76°20' E, a distance of 5414 feet to a point in the east
285	285	right-of-way line of Farm to Market Road 715 and being an ell corner
286	286	of this tract;
287	287	THENCE N 14°21' W with the east right-of-way line of said Farm to
288	288	Market Road 715, a distance of 664 feet to a point for an ell corner
289	289	of this tract;
290	290	THENCE N 75°23' E, a distance of 2628 feet to a point in the west half
291	291	of Section 24, Block 38, T2S and being an ell corner of this tract;
292	292	THENCE S 14°03' E, a distance of 8251 feet to a point for an ell
293	293	corner of this tract;
294	294	THENCE N 76°09' E, a distance of 2658 feet to a point in the east
295	295	right-of-way line of South County Road 1160 and being an ell corner
296	296	of this tract;
297	297	N 14°22' W with the east right-of-way line of said South County Road
298	298	1160, a distance of 3359 feet to a point in the south right-of-way
299	299	line of East County Road 160 and being an ell corner of this tract;
300	300	THENCE N 75°38' E with the south right-of-way line of said East
301	301	County Road 160, a distance of 10,581 feet to a point near the
302	302	southeast corner of Section 22, Block 38, T2S and being an ell
303	303	corner of this tract;
304	304	THENCE N 14°07' W with the east line of said Section 22, a distance
305	305	of 5353 feet to a point near the northeast corner of said Section 22
306	306	and being an ell corner of this tract;
307	307	THENCE N 75°40' E, a distance of 1381 feet to a point near the
308	308	southeast corner of George V. Anderson Jr. tract and the southwest
309	309	corner of Donna Johnson tract also being an ell corner of this
310	310	tract;
311	311	THENCE N 14°03' W with the west line of said Donna Johnson tract and
312	312	the east line of said George V. Anderson Jr. tract, a distance of
313	313	1926 feet to a point near the northwest corner of said Donna Johnson
314	314	tract and being an ell corner of this tract;
315	315	THENCE N 75°43' E, a distance of 1355 feet to a point in the east
316	316	right-of-way line of South County Road 1136 and being an ell corner
317	317	this tract;
318	318	THENCE N 13°52' W with the east right-of-way line of said South
319	319	County Road 1136, a distance of 8663 feet to a point in the
320	320	southwesterly right-of-way of State Highway 158 and the south
321	321	right-of-way line of East County Road 130 also being an ell corner
322	322	of this tract;
323	323	THENCE N 75°27' E with the south right-of-way line of said East
324	324	County Road 130, a distance of 3996 feet to a point for an ell corner
325	325	of this tract;
326	326	THENCE N 13°57' W, a distance of 5272 feet to a point in the south
327	327	right-of-way line of East County Road 120 and being an ell corner of
328	328	this tract;
329	329	THENCE N 75°41' E with the south right-of-way line of said East
330	330	County road 120, a distance of 14,750 feet to a point for an ell
331	331	corner of this tract;
332	332	THENCE N 14°17' W, a distance of 5276 feet to a point near the
333	333	northwest corner of Section 51, Block 37, T2S and being an ell
334	334	corner of this tract;
335	335	THENCE N 74°54' E, a distance of 10,567 feet to a point in the east
336	336	right-of-way line of Farm to Market Road 1379 and being the most
337	337	easterly southeast corner of this tract;
338	338	THENCE N 13°59' W with the east right-of-way line of said Farm to
339	339	Market Road 1379, a distance of 3955 feet to a point of deflection
340	340	of this tract;
341	341	THENCE N 14°17' W, a distance of 20,565 feet to a point in the
342	342	southeasterly right-of-way of Interstate Highway 20 and being the
343	343	most easterly northeast corner of this tract;
344	344	THENCE S 59°40' W with the southeasterly right-of-way of said
345	345	Interstate Highway 20, a distance of 22,345 feet to a point in the
346	346	projection of North County Road 1120 and being a point of deflection
347	347	of this tract;
348	348	THENCE N 14°09' W, a distance of 8118 feet to a point near the
349	349	northeast Section 26, Block 38, T1S and being an ell corner of this
350	350	tract;
351	351	THENCE S 75°33' W with the north line of said Section 26, a distance
352	352	of 2741 feet to a point for an ell corner of this tract;
353	353	THENCE N 13°46' W, a distance of 3300 feet to a point for an ell
354	354	corner of this tract;
355	355	THENCE S 75°45' W, a distance of 2696 feet to a point in the west line
356	356	of Section 23 and the east line of Section 22, Block 38, T1S and
357	357	being an ell corner of this tract;
358	358	THENCE S 14°37' E with the west line of said Section 23 and the east
359	359	line of said Section 22, a distance of 668 feet to a point for an ell
360	360	corner of this tract;
361	361	THENCE S 75°34' W, a distance of 7949 feet to a point near the middle
362	362	of Section 21, Block 38, T1S and being an ell corner of this tract;
363	363	THENCE N 14°18' W, a distance of 2716 feet to a point in the north
364	364	line of said Section 21 and being an ell corner of this tract;
365	365	THENCE S 75°23' W, a distance of 4294 feet to a point in the north
366	366	line of Section 20, Block 38, T1S and being a point of deflection of
367	367	this tract;
368	368	THENCE S 66°10' W, a distance of 3034 feet to a point in an easterly
369	369	line of the Midland city limits and being the most northerly
370	370	northwest corner of this tract;
371	371	THENCE S 14°33' E with said city limits, a distance of 5372 feet to
372	372	an ell corner of said city limits and being an ell corner of this
373	373	tract;
374	374	THENCE S 75°36' W with said city limits, a distance of 2511 feet to
375	375	an ell corner of said city limits and being an ell corner of this
376	376	tract;
377	377	THENCE S 14°34' E with said city limits, a distance of 180 feet to an
378	378	ell corner of said city limits and being an ell corner of this
379	379	tract;
380	380	THENCE S 75°36' W with said city limits, a distance of 835 feet to an
381	381	ell corner of said city limits and being an ell corner of this
382	382	tract;
383	383	THENCE S 14°34' E with said city limits, a distance of 3832 feet to
384	384	an ell corner of said city limits and being an ell corner of this
385	385	tract;
386	386	THENCE N 75°36' E with said city limits, a distance of 2208 feet to
387	387	an ell corner of said city limits and being an ell corner of this
388	388	tract;
389	389	THENCE N 14°34' W with said city limits, a distance of 1204 feet to
390	390	an ell corner of said city limits and being an ell corner of this
391	391	tract;
392	392	THENCE N 75°36' E with said city limits, a distance of 1138 feet to
393	393	an ell corner of said city limits and being an ell corner of this
394	394	tract;
395	395	THENCE S 15°14' E with said city limits, a distance of 645 feet to an
396	396	ell corner of said city limits and being an ell corner of this
397	397	tract;
398	398	THENCE N 75°36' E with said city limits, a distance of 4603 feet to
399	399	an ell corner of said city limits and being an ell corner of this
400	400	tract;
401	401	THENCE S 14°35' E with said city limits, a distance of 5122 feet to
402	402	an ell corner of said city limits and being an ell corner of this
403	403	tract;
404	404	THENCE N 75°37' E with said city limits, a distance of 659 feet to an
405	405	ell corner of said city limits and being an ell corner of this
406	406	tract;
407	407	THENCE S 14°36' E with said city limits, a distance of 2879 feet to a
408	408	point in the northwesterly right-of-way line of Business Interstate
409	409	Highway 20 (US Highway 80) and the most easterly southeast corner of
410	410	said city limits also being a point of deflection of this tract;
411	411	THENCE N 59°41' E with the northwesterly right-of-way line of said
412	412	Business Interstate Highway 20, a distance of 4829 feet to a point
413	413	near the northwest corner of Section 40, Block 38, T1S and being a
414	414	point of deflection of this tract;
415	415	THENCE S 14°24' E, a distance of 7260 feet to a point in the east line
416	416	of Section 45, Block 38, T1S and being 1000 feet southerly of the
417	417	southeasterly right-of-way line of Interstate Highway 20 and being
418	418	a point of deflection of this tract;
419	419	THENCE S 45°05' W 1000 feet southerly and parallel to the
420	420	southeasterly right-of-way line of said Interstate Highway 20, a
421	421	distance of 6527 feet to a point in the north line of Section 5,
422	422	Block 38, T2S and in the south right-of-way line of Farm to Market
423	423	Road 307 also being a point of deflection of this tract;
424	424	THENCE N 76°37' E with the south right-of-way line of said Farm to
425	425	Market Road 307, a distance of 2882 feet to a point near the
426	426	northeast corner of a 320 acre City of Midland tract in Section 4,
427	427	Block 38, T2S and being an ell corner of this tract;
428	428	THENCE S14°25' E with the east line of said 320 acre tract, a
429	429	distance of 5252 feet to a point in the south line of said Section 4
430	430	and the north line of Section 9, Block 38, T2S and being an ell
431	431	corner of this tract;
432	432	THENCE N 75°36' E with the north line of said Section 9, a distance
433	433	of 2768 feet to a point near the northeast corner of said Section 9
434	434	and in the west right-of-way South County Road 1140 also being an
435	435	ell corner of this tract;
436	436	THENCE S 14°36' E with the west right-of-way line of said South
437	437	County Road 1140, a distance of 5313 feet to a point in the north
438	438	right-of-way line of East County Road 120 and being an ell corner of
439	439	this tract;
440	440	THENCE S 75°56' W with the north right-of-way line of said East
441	441	County Road 120, a distance of 5150 feet to a point in the
442	442	northeasterly right-of-way line of State Highway 158 and being a
443	443	point of deflection of this tract;
444	444	THENCE N 70°55' W with the northeasterly right-of-way line of said
445	445	State Highway 158, a distance of 4453 to a point near the most
446	446	southerly southwest corner of a 365.58 acre City of Midland tract as
447	447	described in Volume 2308, Page 3, Official Public Records of
448	448	Midland County and the southeast corner of Ralph H White tract also
449	449	being a point of deflection of this tract;
450	450	THENCE N 15°31' W with the east line of said Ralph H White tract and a
451	451	west line of said City of Midland Tract, a distance of 732 feet to a
452	452	point near the northeast corner of said Ralph H White tract and
453	453	being a point of deflection of this tract;
454	454	THENCE N 70°36' W with the north line of said Ralph H White tract, a
455	455	distance of 171 feet to a point near the northwest corner of said
456	456	Ralph H White tract and in the east line of a 1.00 acre City of
457	457	Midland tract as described in Volume 2308, Page 3, Official Public
458	458	Records of Midland County and being a point of deflection of this
459	459	tract;
460	460	THENCE S 15°31' E with the west line of said Ralph H White tract and
461	461	the east line of said 1.00 acre City of Midland tract, a distance of
462	462	733 feet to a point in the northeasterly right-of-way line of said
463	463	State Highway 158 and being a point of deflection of this tract;
464	464	THENCE N 70°55' W with the south line of said 1.00 acre City of
465	465	Midland tract and the northeasterly right-of-way line of said State
466	466	Highway 158, a distance of 415 feet to the southwest corner of said
467	467	1.00 acre City of Midland tract and being a point of deflection of
468	468	this tract;
469	469	THENCE N 15°31' W with the west line of said 1.00 acre City of
470	470	Midland tract, a distance of 1252 feet to the northwest corner of
471	471	said 1.00 acre City of Midland and being a point of deflection of
472	472	said 365.58 acre City of Midland tract also being a point of
473	473	deflection of this tract;
474	474	THENCE S 75°57' W with a south line of said 365.58 acre City of
475	475	Midland tract, a distance of 1419 feet to a point in the west line of
476	476	Section 8, Block 38, T2S and being an ell corner of this tract;
477	477	THENCE N 14°10' W with the west line of said Section 8, a distance of
478	478	1274 feet to a point near the northwest corner of said Section 8 and
479	479	being an ell corner of this tract;
480	480	THENCE N 75°49' E with the north line of said Section 8, a distance
481	481	of 36 feet to a point near the southeast corner of Section 6, Block
482	482	38, T2S and being an ell corner of this tract;
483	483	THENCE N 14°12' W with the east line of said Section 6, a distance of
484	484	2124 feet to a point 1000 feet southerly of the southeasterly
485	485	right-of-way line of said Interstate Highway 20 and being a point of
486	486	deflection of this tract;
487	487	THENCE S 44°40' W southerly and parallel to the southeasterly
488	488	right-of-way line of said Interstate Highway 20, a distance of 3968
489	489	feet to a point in the Midland city limits and being a point of
490	490	deflection of this tract;
491	491	THENCE S 14°09' E with said city limits, a distance of 611 feet to
492	492	the most southerly southeast corner of said city limits and being an
493	493	ell corner of this tract;
494	494	THENCE S 75°32' W with the south line of said city limits, a distance
495	495	of 10,595 feet to an ell corner of said city limits and being an ell
496	496	corner of this tract;
497	497	THENCE S 14°23' E with the said city limits, a distance of 750 feet
498	498	to an ell corner of said city limits and being an ell corner of this
499	499	tract;
500	500	THENCE S 75°29' W with said city limits, a distance of 677 feet to an
501	501	ell corner of said city limits and being an ell corner of this
502	502	tract;
503	503	THENCE S 14°32' E with said city limits, a distance of 781 feet to an
504	504	ell corner of said city limits and being an ell corner of this
505	505	tract;
506	506	THENCE S 75°24' W with said city limits, a distance of 1675 feet to
507	507	an ell corner of said city limits and being an ell corner of this
508	508	tract;
509	509	THENCE N 14°23' W with said city limits, a distance of 1041 feet to
510	510	an ell corner of said city limits and being an ell corner of this
511	511	tract;
512	512	THENCE S 75°29' W with said city limits, a distance of 1000 feet to
513	513	an ell corner of said city limits and being an ell corner of this
514	514	tract;
515	515	THENCE N 14°23' W said city limits, a distance of 500 feet to an ell
516	516	corner of said city limits and being an ell corner of this tract;
517	517	THENCE S 75°37' W with said city limits, a distance of 3137 feet to
518	518	an ell corner of said city limits and being an ell corner of this
519	519	tract;
520	520	THENCE S 14°18' E with said city limits, a distance of 570 feet to an
521	521	ell corner of said city limits and being an ell corner of this
522	522	tract;
523	523	THENCE S 75°42' W with said city limits, a distance of 1660 feet to
524	524	an ell corner of said city limits and being an ell corner of this
525	525	tract;
526	526	THENCE N 14°18' W with said city limits, a distance of 567 feet to an
527	527	ell corner of said city limits and being an ell corner of this
528	528	tract;
529	529	THENCE S 75°37' W with said city limits, a distance of 3390 feet to
530	530	an ell corner of said city limits and being an ell corner of this
531	531	tract;
532	532	THENCE S 15°02' E with said city limits, a distance of 709 feet to an
533	533	ell corner of said city limits and being an ell corner of this
534	534	tract;
535	535	THENCE S 74°54' W with said city limits, a distance of 1040 feet to
536	536	an ell corner of said city limits and being an ell corner of this
537	537	tract;
538	538	THENCE S 15°03' E with said city limits, a distance of 90 feet to an
539	539	ell corner of said city limits and being an ell corner of this
540	540	tract;
541	541	THENCE S 75°34' W with said city limits, a distance of 1064 feet to
542	542	an ell corner of said city limits and being an ell corner of this
543	543	tract;
544	544	THENCE N 14°40' W with said city limits, a distance of 817 feet to an
545	545	ell corner of said city limits and being an ell corner of this
546	546	tract;
547	547	THENCE S 75°44' W with said city limits, a distance of 559 feet to a
548	548	point of curvature of said city limits and this tract;
549	549	THENCE around a curve to the left in a southwesterly direction and
550	550	with said city limits, said curve having a radius length of 10,509
551	551	feet, a delta angle of l6°04', an arc length of 2947 feet and a chord
552	552	length of 2937 feet bearing S 67°42" W to a point of tangency of said
553	553	city limits and this tract;
554	554	THENCE S 59°40' W with said city limits, a distance of 6362 feet to
555	555	the Point of Beginning, containing approximately 54,050 acres of
556	556	land, more or less.
557	557	Bearings, distances and coordinates are relative to the Texas
558	558	Coordinate System, 1983 NAD, Central Zone based on City of
559	559	Midland's G.1.S Digital Map.
560	560	This document was prepared under 22 TAC 663.21, and is not to be
561	561	used to convey or establish interest in real property except those
562	562	rights and interest implied or established by the creation or
563	563	reconfiguration of the boundary of the political subdivision for
564	564	which it was prepared.
565	565	SECTION 3. (a) The legal notice of the intention to
566	566	introduce this Act, setting forth the general substance of this
567	567	Act, has been published as provided by law, and the notice and a
568	568	copy of this Act have been furnished to all persons, agencies,
569	569	officials, or entities to which they are required to be furnished
570	570	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
571	571	Government Code.
572	572	(b) The governor, one of the required recipients, has
573	573	submitted the notice and Act to the Texas Commission on
574	574	Environmental Quality.
575	575	(c) The Texas Commission on Environmental Quality has filed
576	576	its recommendations relating to this Act with the governor, the
577	577	lieutenant governor, and the speaker of the house of
578	578	representatives within the required time.
579	579	(d) All requirements of the constitution and laws of this
580	580	state and the rules and procedures of the legislature with respect
581	581	to the notice, introduction, and passage of this Act are fulfilled
582	582	and accomplished.
583	583	SECTION 4. (a) Section 9016.110, Special District Local
584	584	Laws Code, as added by Section 1 of this Act, takes effect only if
585	585	this Act receives a two-thirds vote of all the members elected to
586	586	each house.
587	587	(b) If this Act does not receive a two-thirds vote of all the
588	588	members elected to each house, Subchapter I, Chapter 9016, Special
589	589	District Local Laws Code, as added by Section 1 of this Act, is
590	590	amended by adding Section 9016.110 to read as follows:
591	591	Sec. 9016.110. NO EMINENT DOMAIN POWER. The district may
592	592	not exercise the power of eminent domain.
593	593	(c) This section is not intended to be an expression of a
594	594	legislative interpretation of the requirements of Section 17(c),
595	595	Article I, Texas Constitution.
596	596	SECTION 5. Except as provided by Section 4 of this Act, this
597	597	Act takes effect September 1, 2011.