Texas 2013 - 83rd Regular

Texas House Bill HB1260 Compare Versions

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1	1	By: Creighton (Senate Sponsor - Williams) H.B. No. 1260
2	2	(In the Senate - Received from the House May 17, 2013;
3	3	May 17, 2013, read first time and referred to Committee on
4	4	Administration; May 20, 2013, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 20, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of the Montgomery County Municipal Utility
11	11	District No. 132; providing authority to impose a tax and issue
12	12	bonds; granting a limited power of eminent domain.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8414 to read as follows:
16	16	CHAPTER 8414. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
17	17	NO. 132
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8414.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Montgomery County Municipal
25	25	Utility District No. 132.
26	26	Sec. 8414.002. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 8414.003. CONFIRMATION AND DIRECTORS' ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 8414.004. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section 8414.003
35	35	until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district.
39	39	Sec. 8414.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
40	40	The district is created to serve a public purpose and benefit.
41	41	(b) The district is created to accomplish the purposes of:
42	42	(1) a municipal utility district as provided by
43	43	general law and Section 59, Article XVI, Texas Constitution; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, improvement, operation,
46	46	or maintenance of macadamized, graveled, or paved roads, or
47	47	improvements, including storm drainage, in aid of those roads.
48	48	Sec. 8414.006. INITIAL DISTRICT TERRITORY. (a) The
49	49	district is initially composed of the territory described by
50	50	Section 2 of the Act enacting this chapter.
51	51	(b) The boundaries and field notes contained in Section 2 of
52	52	the Act enacting this chapter form a closure. A mistake made in the
53	53	field notes or in copying the field notes in the legislative process
54	54	does not affect the district's:
55	55	(1) organization, existence, or validity;
56	56	(2) right to issue any type of bond for the purposes
57	57	for which the district is created or to pay the principal of and
58	58	interest on a bond;
59	59	(3) right to impose a tax; or
60	60	(4) legality or operation.
61	61	Sec. 8414.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
62	62	REINVESTMENT ZONE. (a) The district is eligible to be included in
63	63	a tax increment reinvestment zone created under Chapter 311, Tax
64	64	Code.
65	65	(b) If the City of Conroe has created or creates a tax
66	66	increment reinvestment zone described by Subsection (a) that
67	67	includes all or part of the territory of the district, the City of
68	68	Conroe and the board of directors of the zone or a developer of
69	69	property within the tax increment reinvestment zone that receives
70	70	or will receive money from the tax increment fund, by contract with
71	71	the district, may grant money to the district from the tax increment
72	72	fund to be used for a permissible purpose of the district,
73	73	including:
74	74	(1) the right to pledge the money as security for a
75	75	bond or other obligation issued by the district; and
76	76	(2) any permissible purpose of a corporation under
77	77	Section 380.002(b), Local Government Code.
78	78	SUBCHAPTER B. BOARD OF DIRECTORS
79	79	Sec. 8414.051. GOVERNING BODY; TERMS. (a) The district is
80	80	governed by a board of five elected directors.
81	81	(b) Except as provided by Section 8414.052, directors serve
82	82	staggered four-year terms.
83	83	Sec. 8414.052. TEMPORARY DIRECTORS. (a) The temporary
84	84	board consists of:
85	85	(1) Bill Odle;
86	86	(2) Brandon Macey;
87	87	(3) Troy Koteras;
88	88	(4) Greg Snider; and
89	89	(5) Abby McMahon.
90	90	(b) Temporary directors serve until the earlier of:
91	91	(1) the date permanent directors are elected under
92	92	Section 8414.003; or
93	93	(2) the fourth anniversary of the effective date of
94	94	the Act enacting this chapter.
95	95	(c) If permanent directors have not been elected under
96	96	Section 8414.003 and the terms of the temporary directors have
97	97	expired, successor temporary directors shall be appointed or
98	98	reappointed as provided by Subsection (d) to serve terms that
99	99	expire on the earlier of:
100	100	(1) the date permanent directors are elected under
101	101	Section 8414.003; or
102	102	(2) the fourth anniversary of the date of the
103	103	appointment or reappointment.
104	104	(d) If Subsection (c) applies, the owner or owners of a
105	105	majority of the assessed value of the real property in the district
106	106	may submit a petition to the commission requesting that the
107	107	commission appoint as successor temporary directors the five
108	108	persons named in the petition. The commission shall appoint as
109	109	successor temporary directors the five persons named in the
110	110	petition.
111	111	SUBCHAPTER C. POWERS AND DUTIES
112	112	Sec. 8414.101. GENERAL POWERS AND DUTIES. The district has
113	113	the powers and duties necessary to accomplish the purposes for
114	114	which the district is created.
115	115	Sec. 8414.102. MUNICIPAL UTILITY DISTRICT POWERS AND
116	116	DUTIES. The district has the powers and duties provided by the
117	117	general law of this state, including Chapters 49 and 54, Water Code,
118	118	applicable to municipal utility districts created under Section 59,
119	119	Article XVI, Texas Constitution.
120	120	Sec. 8414.103. AUTHORITY FOR ROAD PROJECTS. Under Section
121	121	52, Article III, Texas Constitution, the district may design,
122	122	acquire, construct, finance, issue bonds for, improve, operate,
123	123	maintain, and convey to this state, a county, or a municipality for
124	124	operation and maintenance macadamized, graveled, or paved roads, or
125	125	improvements, including storm drainage, in aid of those roads.
126	126	Sec. 8414.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
127	127	project must meet all applicable construction standards, zoning and
128	128	subdivision requirements, and regulations of each municipality in
129	129	whose corporate limits or extraterritorial jurisdiction the road
130	130	project is located.
131	131	(b) If a road project is not located in the corporate limits
132	132	or extraterritorial jurisdiction of a municipality, the road
133	133	project must meet all applicable construction standards,
134	134	subdivision requirements, and regulations of each county in which
135	135	the road project is located.
136	136	(c) If the state will maintain and operate the road, the
137	137	Texas Transportation Commission must approve the plans and
138	138	specifications of the road project.
139	139	Sec. 8414.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
140	140	OR RESOLUTION. (a) The district shall comply with all applicable
141	141	requirements of any ordinance or resolution that is adopted under
142	142	Section 54.016 or 54.0165, Water Code, and that consents to the
143	143	creation of the district or to the inclusion of land in the
144	144	district.
145	145	(b) In addition to all the rights and remedies provided by
146	146	other law, if the district violates the terms of an ordinance or
147	147	resolution described by Subsection (a), the municipality is
148	148	entitled to injunctive relief or a writ of mandamus issued by a
149	149	court requiring the district and the district's officials to
150	150	observe and comply with the terms of the ordinance or resolution.
151	151	Sec. 8414.106. EFFECT OF ANNEXATION OR INCLUSION WITHIN THE
152	152	CORPORATE BOUNDARIES OF THE CITY OF CONROE. Notwithstanding Section
153	153	54.016(f)(2), Water Code, an allocation agreement between the City
154	154	of Conroe and the district that provides for the allocation of the
155	155	taxes or revenues of the district and the city following the date of
156	156	inclusion of all the district's territory in the corporate limits
157	157	of the city may provide that the total annual ad valorem taxes
158	158	collected by the city and the district from taxable property in the
159	159	district may exceed the city's ad valorem tax on that property.
160	160	Sec. 8414.107. LIMITATION ON USE OF EMINENT DOMAIN. The
161	161	district may not exercise the power of eminent domain outside the
162	162	district without the written consent of the City of Conroe.
163	163	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
164	164	Sec. 8414.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
165	165	district may issue, without an election, bonds and other
166	166	obligations secured by revenue other than ad valorem taxes.
167	167	(b) The district must hold an election in the manner
168	168	provided by Chapters 49 and 54, Water Code, to obtain voter approval
169	169	before the district may impose an ad valorem tax or issue bonds
170	170	payable from ad valorem taxes.
171	171	(c) The district may not issue bonds payable from ad valorem
172	172	taxes to finance a road project unless the issuance is approved by a
173	173	vote of a two-thirds majority of the district voters voting at an
174	174	election held for that purpose.
175	175	Sec. 8414.152. OPERATION AND MAINTENANCE TAX. (a) If
176	176	authorized at an election held under Section 8414.151, the district
177	177	may impose an operation and maintenance tax on taxable property in
178	178	the district in accordance with Section 49.107, Water Code.
179	179	(b) The board shall determine the tax rate. The rate may not
180	180	exceed the rate approved at the election.
181	181	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
182	182	Sec. 8414.201. AUTHORITY TO ISSUE BONDS AND OTHER
183	183	OBLIGATIONS. The district may issue bonds or other obligations
184	184	payable wholly or partly from ad valorem taxes, impact fees,
185	185	revenue, contract payments, tax increment payments, grants, or
186	186	other district money, or any combination of those sources, to pay
187	187	for any authorized district purpose.
188	188	Sec. 8414.202. TAXES FOR BONDS. At the time the district
189	189	issues bonds payable wholly or partly from ad valorem taxes, the
190	190	board shall provide for the annual imposition of a continuing
191	191	direct ad valorem tax, without limit as to rate or amount, while all
192	192	or part of the bonds are outstanding as required and in the manner
193	193	provided by Sections 54.601 and 54.602, Water Code.
194	194	Sec. 8414.203. BONDS FOR ROAD PROJECTS. At the time of
195	195	issuance, the total principal amount of bonds or other obligations
196	196	issued or incurred to finance road projects and payable from ad
197	197	valorem taxes may not exceed one-fourth of the assessed value of the
198	198	real property in the district.
199	199	SECTION 2. Montgomery County Municipal Utility District No.
200	200	132 initially includes all the territory contained in the following
201	201	area: TRACT I (23.69 acres):
202	202	Metes and bounds description of all that certain 23.69 acre tract or
203	203	parcel of land, lying and being situated in the John McDillon
204	204	Survey, A-347, Conroe, Montgomery County, Texas, and being a
205	205	portion out of that same 57.98 acre tract conveyed to Wedgewood
206	206	Falls, Ltd., as described by deed recorded in Volume 589.10, Page
207	207	1036 of the Deed of Records of Montgomery County ("DRMC") and also
208	208	being formerly referred to as "Tract III", as depicted on drawing
209	209	entitled "Composite Map of 135.750 Acres", said 23.69 acre tract
210	210	being more particularly described as follows:
211	211	BEGINNING at a 1/2" iron rod found for the northwest corner of this
212	212	tract, being also the northwest corner of said 57.98 acre tract, and
213	213	lying in the south line of the P.H. Herndon Survey, A-256 and also
214	214	being in the south line of the Aaron Pasternak Estate (No Citation);
215	215	THENCE N 72° 13' 41" E - 526.41 feet with the said common line to a
216	216	plastic capped 1/2" iron (stamped Taggart, RPLS #5676) found for
217	217	the northeasterly corner of this tract and being in the westerly
218	218	right-of-way line of Longmire Road (variable width ROW), a public
219	219	road;
220	220	THENCE S 39 ° 52' 51" E - 381.09 feet with the said right-of-way line
221	221	to a 1/2" iron rod found for an angel point; said point common with
222	222	the Carolyn A. Ditore called 7.4682 acre tract recorded in Volume
223	223	192.00 Page 1355 (CCFN9519083) of the said DRMC;
224	224	THENCE S 16 ° 58' 57" E - 1,066.76 feet with the said common line to a
225	225	plastic capped 1/2" iron (stamped Taggart, RPLS #5676) set for the
226	226	southeasterly corner of this tract, a 1/2" iron rod found marking an
227	227	east corner of said 57.98 acre tract, and lying in the northwest
228	228	right-of-way line of FM 3083 bears S 16 ° 58' 57" E - 865.51 feet;
229	229	Thence the following calls across the said 57.98 acre tract:
230	230	S 6 ° 52' 19" W- 449.66 feet to a plastic capped 1/2" iron
231	231	(stamped Taggart, RPLS # 5676) set for corner;
232	232	S 24° 00'13" E - 3.19 feet to a plastic capped 1/2" iron
233	233	(stamped Taggart, RPLS # 5676) set for corner;
234	234	S 66° 00' 12" W - 120.00 feet to a plastic capped 1/2" (stamped
235	235	Taggart, RPLS # 5676) set for corner in the west line of said 57.98
236	236	acre tract from which a 1/2" iron rod found for a point of curvature
237	237	in the west boundary line of said 57.98 acre tract bears S 23 °
238	238	59'48" E - 282.79 feet for reference;
239	239	Thence the following calls along the said westerly boundary line:
240	240	N 23° 59' 48" W - 129.37 feet to a 1/2" iron rod found for an
241	241	angle point;
242	242	N 36° 28' 06" W- 699.32 feet to a 1/2" iron rod found for an angle
243	243	point;
244	244	N 14° 51' 50" W- 405.17 feet to a 1/2" iron rod found for an angle
245	245	point;
246	246	N 09° 18' 12" E- 278.32 feet to a 1/2" iron rod found for an angle
247	247	point;
248	248	N 18° 07' 05" W- 57.77 feet to the PLACE OF BEGINNING and containing
249	249	23.69 acres of land.
250	250	Tract II (31 acres):
251	251	Metes and bounds description of all that is certain 35.00 acre tract
252	252	or parcel of land, lying and being situated in the John McDillon
253	253	Survey, A-347, Conroe, Montgomery County, Texas, and being a
254	254	portion out of that same 57.98 acre tract conveyed to Wedgewood
255	255	Falls, Ltd., as described by deed recorded in Volume 589.10, Page
256	256	1036 of the said DRMC, and also being formerly referred to as "Tract
257	257	III", as depicted on a drawing entitled "Composite Map of 135.750
258	258	Acres", said 35.00 acre tract being more particularly described as
259	259	follows:
260	260	BEGINNING at a capped 1/2" iron rod set in the northeast line of
261	261	said 57.98 acre tract for the north corner of this tract. A capped
262	262	1/2" iron rod found at an angle point in the southwest right-of-way
263	263	line of Longmire Road (Variable width ROW), bears N 16° 58' 57" W-
264	264	1058.28 feet for reference;
265	265	THENCE S 16° 58' 57" E- 873.99 feet with said northeast line to a
266	266	capped 1/2" iron found for corner in the northwest right-of-way
267	267	line of FM 3083, and being the beginning of a curve to the left;
268	268	THENCE in a southwesterly direction for a distance of 447.74 feet
269	269	along the arc of said curve (Curve data: central angle = 20° 16' 46",
270	270	radius = 1265.00 feet, tangent = 226.24 feet, the chord bears S 26°
271	271	44' 49" W- 445.40 feet), to a capped 1/2" iron rod set for end of
272	272	said curve and being and angle point in said right-of-way line;
273	273	THENCE S 09° 28' 56" W - 201.56 feet with said right-of-way line to a
274	274	capped 1/2" iron rod set for angle point;
275	275	THENCE S 16° 36' 26" W - 151.34 feet with said right-of-way line to a
276	276	capped 5/8" iron rod found for the southeast corner of this tract,
277	277	and being also the northeast corner of an 8.23 acre tract, formerly
278	278	referred to as "Tract IV" as depicted of said "Composite Map";
279	279	THENCE S 72° 08' 32" W- 892.01 feet with the common line between said
280	280	57.98 acre tract and said 8.23 acre tract to a 1- 1/4" iron pipe
281	281	found for the southwest corner of this tract;
282	282	THENCE N 17° 56' 22" W - 935.28 feet with the west line of said 57.98
283	283	acre tract to a 1- 1/4" iron pipe found for angle point;
284	284	THENCE N 17° 45' 50" W- 282.18 feet to a 1/2" iron rod found for
285	285	corner, and being also the east corner of that same 12.65 acre tract
286	286	conveyed to Allen Acquisitions, Ltd. as described by deed recorded
287	287	in Volume 625.10, Page 128 of the said DRMC, and being in the
288	288	southerly boundary line of Wedgewood Golf Course;
289	289	THENCE S 60° 51' 46" E - 179.11 feet to a 1/2" iron rod found for
290	290	angle point;
291	291	THENCE N 81° 11' 43" E - 608.43 feet to a 1/2" iron rod found for
292	292	beginning of a curve to the left;
293	293	THENCE in the northeasterly direction along a distance of 224.31
294	294	feet along the arc of said curve (Curve data: central angle = 105°
295	295	36' 21", radius = 121.70 feet, tangent = 160.35 feet, the chord
296	296	bears N 28° 31' 35" E - 193.88 feet) to a 1/2" iron rod found for end
297	297	of said curve;
298	298	THENCE N 23° 59' 48" W - 381.30 feet with the southwest line of said
299	299	57.98 acre tract to a capped 1/2" iron rod set for the northwest
300	300	corner of this tract, from which a 1/2" iron rod found marking an
301	301	angle point in the line of said 57.98 acre tract bears N 23° 59' 48"
302	302	W- 30.86 feet;
303	303	THENCE N 73° 01' 03" E - 574.69 feet across the said 57.98 acre tract
304	304	to the PLACE OF BEGINNING and containing 35.00 acres of land.
305	305	Save and Except the following:
306	306	Metes and bound description of all that certain 2.33 acre tract or
307	307	parcel of land, lying and being situated in the John McDillon
308	308	Survey, A - 347, Conroe, Montgomery County, Texas, and being a part
309	309	of a called 57.98 acre tract conveyed to Wedgewood Falls, Ltd., and
310	310	recorded as County Clerk Film Code No. 2004-05-5312 and Clerk File
311	311	No. 5891035 of the Official Public Records of Real Property of
312	312	Montgomery County, Texas; said tract being Restricted Commercial
313	313	Reserve "D" as graphically depicted on the proposed plat of
314	314	Wedgewood Falls, Phase 1; said 2.33 acre tract being more
315	315	particularly described as follows:
316	316	COMMENCING: at a 5/8" iron rod with cap stamped "Carter & Burgess,
317	317	Inc." found for the southeasterly corner of the said 57.98 acre
318	318	tract and being in the westerly right-of-way line of FM 3083 (Carter
319	319	Moore Drive), being a 180 foot public street as depicted by
320	320	right-of-way map prepared by Carter & Burgess, dated August, 1995,
321	321	and being an exterior corner; said point being common with a 51.440
322	322	acre tract conveyed to 55 ACRE JOINT VENTURE and recorded as Film
323	323	Code No. 635-01-0333 of the said Official Records;
324	324	THENCE: N 16° 36' 26" E - 170.15 feet (N 15° 50' 40" E Record) along
325	325	the said right-of-way line to a plastic capped 1/2" iron rod
326	326	(stamped Taggart, RPLS # 5676) set for angle point; a 5/8" iron rod
327	327	found with plastic cap stamped "Carter Burgess, Inc." for reference
328	328	bears S 13° 01' 11" W - 0.42 feet;
329	329	THENCE: N 09° 28' 56" E - 201.56 feet (N 08° 43' 10" E Record) along
330	330	the aforementioned right-of-way line to a plastic capped 1/2" iron
331	331	rod (stamped Taggart, RPLS # 5676) set for the beginning of a curve
332	332	to the right; a 5/8" iron rod found with plastic cap stamped "Carter
333	333	Burgess, Inc." for reference bears S 01° 25' 07" W - 0.45 feet;
334	334	THENCE: 103.60 feet along the west right-of-way of said FM 3083
335	335	being the arc of said curve, in a northeasterly direction (Curve
336	336	data: Central Angle = 04° 41' 33", Radius = 1,265.00 feet, Tangent =
337	337	51.83 feet, the Long Chord bears N 18° 57' 33" E - 103.57 feet) to a
338	338	plastic capped 1/2" iron rod (stamped Taggart, RPLS # 5676) set for
339	339	an exterior corner and southeast corner and being the PLACE OF
340	340	BEGINNING:
341	341	Thence the following six (6) calls across the said 57.98 acre tract:
342	342	N 65° 30' 34" W - 202.01 feet to a plastic capped 1/2" iron rod
343	343	(stamped Taggart, RPLS # 5676) found for an exterior corner and the
344	344	southwest corner;
345	345	N 24° 29' 26" E - 185.44 feet to a plastic capped 1/2" iron rod
346	346	(stamped Taggart, RPLS# 5676) found for an angle point and an
347	347	interior corner;
348	348	N 04° 23' 30" W - 190.97 feet to a plastic capped 1/2" iron rod
349	349	(stamped Taggart, RPLS # 5676) found for an exterior corner and the
350	350	northwest corner;
351	351	N 79° 14' 58" E - 48.02 feet to a plastic capped 1/2" iron rod
352	352	(stamped Taggart, RPLS # 5676) found for and angle point and
353	353	interior corner;
354	354	N 75° 26' 16" E - 114.17 feet to a plastic capped 1/2" iron rod
355	355	(stamped Taggart, RPLS # 5676) found for an angle point and interior
356	356	corner;
357	357	N 66° 55' 24" E - 62.16 feet to a plastic capped 1/2" iron rod
358	358	(stamped Taggart, RPLS # 5676) found in the northeasterly line of
359	359	the said 57.98 acres for an exterior northeast corner, said point
360	360	being in the westerly boundary of a 5.7260 acre tract conveyed to
361	361	James L. Schulze et ux and recorded as Firm Code No. 0456-00-1454 of
362	362	the said Official Records;
363	363	THENCE: S 16° 58' 57" E - 225.37 feet along the said common boundary
364	364	line to a 5/8" iron rod found with plastic cap stamped "Carter
365	365	Burgess, Inc." for a common corner of the 57.98 acre tract of the
366	366	said 5.7260 acre tract in the northwesterly right-of-way line of FM
367	367	3083 and being the beginning of a non-tangent curve to the left; for
368	368	reference the radial bearing is S 53° 41' 54" E - 1,265.00 feet;
369	369	THENCE: 331.19 feet along the said right-of-way line of said FM 3083
370	370	being the arc of said curve, in a southwesterly direction (Curve
371	371	data: Central Angle = 15° 00' 03", Radius = 1,265.00 feet, Tangent =
372	372	166.55 feet, the Long Chord bears S 28° 44' 04" W - 330.24 feet) to
373	373	the PLACE OF BEGINNING, and containing 2.33 acres of land.
374	374	And Save and Except the following:
375	375	Metes and bounds description of all that certain 1.67 acre
376	376	tract or parcel of land, lying and being situated in the John
377	377	McDillon Survey, A - 347, Conroe, Montgomery County, Texas, and
378	378	being a part of a 57.98 acre tract conveyed to Wedgewood Falls,
379	379	Ltd., and recorded as County Clerk Film Code No. 2004-05-5312 and
380	380	File No. 5891035 of the Official Public Records of Real Property,
381	381	Montgomery County, Texas; said tract being that same Restricted
382	382	Reserve "E" (Commercial) as graphically depicted on the proposed
383	383	plat of Wedgewood Falls, Phase 1, and being more particularly
384	384	described as follows:
385	385	COMMENCING: at a 5/8" iron rod with cap stamped "Carter &
386	386	Burgess, Inc." found for the southeasterly corner of the said 57.98
387	387	acre tract and being in the westerly right-of-way line of FM 3083
388	388	(Carter Moore Drive), being a 180 foot public street as depicted by
389	389	right-of-way map prepared by Carter & Burgess, dated August, 1995,
390	390	and being an exterior corner; said point being common with a 51.440
391	391	acre tract conveyed to 55 ACRE JOINT VENTURE and recorded as Film
392	392	Code No. 635-01-0333 of the said Official Records;
393	393	THENCE: N 16° 36' 26" E - 136.54 feet (N 15° 50' 40" E Record)
394	394	along the said right-of-way line to a plastic capped 1/2" iron rod
395	395	(stamped Taggart, RPLS # 5676) found for an exterior corner and the
396	396	southeast corner of this tract and being the PLACE OF BEGINNING;
397	397	Thence of the following eight (8) calls across the said 57.98
398	398	acre tract:
399	399	N 70° 59' 21" W - 208.06 feet to a plastic capped 1/2" iron rod
400	400	(stamped Taggart, RPLS # 5676) found for the southwest corner of
401	401	this tract and being an exterior corner;
402	402	N 16° 36' 26" E - 37.60 feet to a plastic capped 1/2" iron rod
403	403	(stamped Taggart, RPLS # 5676) found for an angle point and interior
404	404	corner;
405	405	N 06° 18' 15" E - 49.79 feet to a plastic capped 1/2" iron rod
406	406	(stamped Taggart, RPLS # 5676) found for an angle point and an
407	407	interior corner;
408	408	N 03° 13' 27" E - 50.35 feet to a plastic capped 1/2" iron rod
409	409	(stamped Taggart, RPLS # 5676) found for an angle point and an
410	410	exterior corner;
411	411	N 11° 43' 43" E - 87.74 feet to a plastic capped 1/2" iron rod
412	412	(stamped Taggart, RPLS # 5676) found for and angle point and an
413	413	exterior corner;
414	414	N 19° 54' 20" E - 41.95 feet to a plastic capped 1/2" iron rod
415	415	(stamped Taggart, RPLS # 5676) found for and angle point and being
416	416	an exterior corner;
417	417	N 24° 29' 26" E - 92.08 feet to a plastic capped 1/2" iron rod
418	418	(stamped Taggart, RPLS # 5676) found for the northwest corner and an
419	419	exterior corner;
420	420	S 65° 30' 34" E - 202.01 feet to plastic capped 1/2" iron rod
421	421	(stamped Taggart, RPLS # 5676) set for the northeast corner and an
422	422	exterior corner in the westerly right-of-way line of FM 3083; said
423	423	point being in a non-tangent curve to the left; for reference the
424	424	radial bearing is S 68° 41' 57" E - 1,265.00 feet;
425	425	THENCE: 103.60 feet along the said right-of-way line in a
426	426	southwesterly direction along the arc of said curve (Curve data:
427	427	Central Angle = 04° 41' 33", Radius = 1,265.00 feet, Tangent = 51.88
428	428	feet, the Long Chord bears S 18° 57' 33" W - 103.57 feet) to a plastic
429	429	capped 1/2" iron rod (stamped Taggart, RPLS # 5676) set for the end
430	430	of said curve and an interior corner; a 5/8" iron rod with cap
431	431	stamped "Carter & Burgess, Inc." found for reference bears S 01° 25'
432	432	07" W - 0.45 feet;
433	433	THENCE: S 09° 28' 56" W - 201.56 feet (S 08° 43' 10" W Record)
434	434	continuing along the said west right-of-way line of FM 3083 to a
435	435	plastic capped 1/2" iron rod (stamped Taggart, RPLS # 5676) set for
436	436	an exterior corner and angle point; a 5/8" iron rod with cap stamped
437	437	"Carter & Burgess, Inc." found for reference bears S 13° 01' 11" W -
438	438	0.42 feet;
439	439	THENCE: S 16° 36' 26" W - 33.61 feet ( S 15° 50' 40" W Record)
440	440	continuing along the said right-of-way line to PLACE OF BEGINNING
441	441	and containing 1.67 acres of land.
442	442	Tract III (4.58 acres)
443	443	Metes and bound description of all that certain 4.58 acre
444	444	tract of parcel of land, lying and being situated in the John
445	445	McDillon Survey, A-347, Conroe, Montgomery County, Texas, and being
446	446	a part of a called 51.440 acre tract conveyed to a 55 Acre Joint
447	447	Venture and recorded in Montgomery County Clerk's File No. 9000377
448	448	of the said Official Records; said 4.58 acre tract being more
449	449	particularly described as follows:
450	450	BEGINNING at a 1" square head bolt for the northwest corner of
451	451	the said 51.440 acre tract, and common with the southwest corner of
452	452	a called 57.98 acre tract conveyed to Wedgewood Falls, Ltd. and
453	453	recorded in Montgomery County Clerk's File No. 2004-055312 of the
454	454	said Official Records; said point also being common with southeast
455	455	corner of the Lomax 4.8 acre tract recorded as Montgomery County
456	456	Clerk's File No. 8605404 of the said DRMC, and also common with the
457	457	northeast corner of the E. Bowers, et ux 2.0438 acre tract recorded
458	458	as Montgomery County Clerk's File No. 9603445 of the said DRMC; said
459	459	point is an exterior corner in the northwest corner of this tract;
460	460	THENCE N 72° 08' 32" E - 630.38 feet (N 74° 33' E Record) along
461	461	the common line of the 51,440 acre tract and the said 57.98 acre
462	462	tract, to a plastic capped 1/2" iron rod (stamped Taggart, RPLS #
463	463	5676) found for an exterior corner, and the northeast corner of this
464	464	tract;
465	465	THENCE S 19° 03' 16" W - 626.46 feet across the said 51.440
466	466	acre tract to a plastic capped 1/2" iron rod (stamped Taggart, RPLS
467	467	# 5676) found in a southwesterly line of the said 51.440 acre tract
468	468	and the northeasterly line of a 2.000 acre tract conveyed to Louis
469	469	L. Calfee, et ux and recorded in Volume 433, Page 593 of the said
470	470	DRMC, for an exterior corner, and the southeast corner of this
471	471	tract;
472	472	THENCE N 73° 21' 43" W - 308.18 feet (N 70° 54' W Record) to a
473	473	plastic capped 1/2" iron rod (stamped Taggart, RPLS 5676) found for
474	474	an exterior corner, and the southwest corner of the said 51.440 acre
475	475	tract; said point being and the northeasterly line of a 1.716 acre
476	476	lot referred to as Restricted Reserve "A" of Section 1 of the Crouch
477	477	Subdivision and recorded in Montgomery County Clerk's File No.
478	478	2001-027356 of the said DRMC, and as Sheet 193, Cabinet P of the Map
479	479	Record of Montgomery County, Texas, and being the southwest corner
480	480	of this tract and the northwest corner of the said 2.000 acre tract;
481	481	THENCE N 17° 52' 57" W - 326.35 feet (N 15° 28' W - 326.15 feet
482	482	Record) along the common line of Crouch Subdivision and the said
483	483	51.440 acre tract and continuing along the northeast boundary line
484	484	of a 2.0438 acre tract conveyed to E. Vernon Bowers, et ux and
485	485	recorded as Montgomery County Clerk's File No. 9603445 of the said
486	486	Official Records to the PLACE OF BEGINNING and containing 4.58
487	487	acres.
488	488	SECTION 3. (a) The legal notice of the intention to
489	489	introduce this Act, setting forth the general substance of this
490	490	Act, has been published as provided by law, and the notice and a
491	491	copy of this Act have been furnished to all persons, agencies,
492	492	officials, or entities to which they are required to be furnished
493	493	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
494	494	Government Code.
495	495	(b) The governor, one of the required recipients, has
496	496	submitted the notice and Act to the Texas Commission on
497	497	Environmental Quality.
498	498	(c) The Texas Commission on Environmental Quality has filed
499	499	its recommendations relating to this Act with the governor, the
500	500	lieutenant governor, and the speaker of the house of
501	501	representatives within the required time.
502	502	(d) All requirements of the constitution and laws of this
503	503	state and the rules and procedures of the legislature with respect
504	504	to the notice, introduction, and passage of this Act are fulfilled
505	505	and accomplished.
506	506	SECTION 4. (a) Section 8414.107, Special District Local
507	507	Laws Code, as added by Section 1 of this Act, takes effect only if
508	508	this Act receives a two-thirds vote of all the members elected to
509	509	each house.
510	510	(b) If this Act does not receive a two-thirds vote of all the
511	511	members elected to each house, Subchapter C, Chapter 8414, Special
512	512	District Local Laws Code, as added by Section 1 of this Act, is
513	513	amended by adding Section 8414.107 to read as follows:
514	514	Sec. 8414.107. NO EMINENT DOMAIN POWER. The district may
515	515	not exercise the power of eminent domain.
516	516	(c) This section is not intended to be an expression of a
517	517	legislative interpretation of the requirements of Section 17(c),
518	518	Article I, Texas Constitution.
519	519	SECTION 5. This Act takes effect immediately if it receives
520	520	a vote of two-thirds of all the members elected to each house, as
521	521	provided by Section 39, Article III, Texas Constitution. If this
522	522	Act does not receive the vote necessary for immediate effect, this
523	523	Act takes effect September 1, 2013.
524	524	* * * * *