83R6877 SLB-F
By: Bell H.B. No. 1385
A BILL TO BE ENTITLED
relating to the creation of the Montgomery County Municipal Utility
District No. 139; granting a limited power of eminent domain;
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 F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8449 to read as follows:
CHAPTER 8449. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 139
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8449.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Municipal
Utility District No. 139.
Sec. 8449.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8449.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8449.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8449.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction 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.
Sec. 8449.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8449.006. 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 made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8449.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8449.052, directors serve
staggered four-year terms.
Sec. 8449.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2013, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8449.003; or
(2) September 1, 2017.
(c) If permanent directors have not been elected under
Section 8449.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8449.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8449.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8449.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. (a) The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
(b) Section 54.016(f), Water Code, does not apply to the
district.
Sec. 8449.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8449.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8449.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8449.106. STRATEGIC PARTNERSHIP; CONTINUATION OF
DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may
continue to exist as a limited district after full-purpose
annexation by a municipality if the district and the annexing
municipality state the terms of the limited district's existence in
a strategic partnership agreement under Section 43.0751, Local
Government Code.
(b) The strategic partnership agreement may provide for a
term of any number of years and may be amended from time to time with
the consent of the parties to the agreement. The limitation in
Section 43.0751(g)(2), Local Government Code, on the length of the
term does not apply to a limited district created under this
section.
Sec. 8449.107. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt; and
(2) the district 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 creating 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) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8449.151 to authorize the district's bonds.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) 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 commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8449.003.
(i) 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.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8449.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8449.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8449.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8449.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8449.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8449.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8449.202. TAXES FOR BONDS. 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 ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8449.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Montgomery County Municipal Utility District
No. 139 initially includes all the territory contained in the
following area:
TRACT ONE
DESCRIPTION OF A 750.7 ACRE TRACT OF LAND SITUATED IN THE JAMES
HODGE SURVEY, ABSTRACT NO. 19, MONTGOMERY COUNTY, TEXAS, BEING THAT
CERTAIN TRACT OF LAND CALLED 750.354 ACRES AS DESCRIBED IN DEED TO
MADELEY INTERESTS LTD. III RECORDED UNDER MONTGOMERY COUNTY
CLERK'S FILE (M.C.C.F.) No. 2002-015834 AND No. 2002-015835 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY; SAID 750.7 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,
(BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1983,
CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS):
BEGINNING at a 5/8-inch capped iron rod stamped "EHRA 713-784-4500"
set marking the southwesterly corner of the called 750.354 acre
tract, being in the northerly line of the Block 1 of Red Oak Ranch
Section One, as per plat recorded in Cabinet I, Sheet 200 of the
Montgomery County Map Records (M.C.M.R.), from which a 3/4-inch
iron rod found marking the southeast corner of Lake Creek Forest
Section One, as per plat recorded in Cabinet C, Sheet 31A of the
M.C.M.R., bears North 03° 50' West, 0.29 feet ;
(1) THENCE, North 03°50'49" West, along the east line of said Lake
Creek Forest Section One for a distance of 1,484.44 feet to a
5/8-inch iron rod found for corner;
(2) THENCE, North 03°40'21" West, continuing along the east line of
said Lake Creek Forest Section One for a distance of 1,469.00 feet
to a point for corner from which a bent 5/8-inch iron rod was found
South 01° 30' East, 0.40 feet;
(3) THENCE, North 03°42'28" West, continuing along the east line of
said Lake Creek Forest Section One for a distance of 1,320.61 feet
to a point for corner from which a 1/2-inch capped iron rod stamped
"Jeff Moon RPLS 4639" was found South 87° 14' West, 0.15 feet;
(4) THENCE, North 03°53'51" West, continuing along the east line of
said Lake Creek Forest Section One, passing at 1,801.32 feet a
5/8-inch capped iron rod stamped "EHRA 713-784-4500" set for
reference and continuing for a total distance of 1901.32 feet to a
point for corner set in the centerline of the bed of Lake Creek;
THENCE, along the meanders of the centerline of Lake Creek the
following seventy one (71) courses and distances:
(5) THENCE, North 61°32'51" East for a distance of 228.05 feet to a
point for corner;
(6) THENCE, North 54°58'17" East for a distance of 92.46 feet to a
point for corner;
(7) THENCE, North 51°58'09" East for a distance of 259.16 feet to a
point for corner;
(8) THENCE, North 45°58'35" East for a distance of 159.83 feet to a
point for corner;
(9) THENCE, North 22°01'45" East for a distance of 192.41 feet to a
point for corner;
(10) THENCE, North 27°13'37" East for a distance of 76.84 feet to a
point for corner;
(11) THENCE, North 54°56'45" East for a distance of 95.43 feet to a
point for corner;
(12) THENCE, North 67°30'56" East for a distance of 184.27 feet to
a point for corner;
(13) THENCE, North 76°56'09" East for a distance of 133.56 feet to
a point for corner;
(14) THENCE, North 61°26'41" East for a distance of 177.31 feet to
a point for corner;
(15) THENCE, North 50°22'55" East for a distance of 560.07 feet to
a point for corner;
(16) THENCE, North 37°46'34" East for a distance of 133.00 feet to
a point for corner;
(17) THENCE, North 17°21'11" East for a distance of 139.15 feet to
a point for corner;
(18) THENCE, North 00°11'57" East for a distance of 274.14 feet to
a point for corner;
(19) THENCE, North 18°11'55" East for a distance of 116.51 feet to
a point for corner;
(20) THENCE, North 39°54'45" East for a distance of 121.72 feet to
a point for corner;
(21) THENCE, North 48°18'12" East for a distance of 291.99 feet to
a point for corner;
(22) THENCE, North 37°14'21" East for a distance of 92.22 feet to a
point for corner;
(23) THENCE, North 52°07'40" East for a distance of 103.25 feet to
a point for corner;
(24) THENCE, North 55°52'04" East for a distance of 193.01 feet to
a point for corner;
(25) THENCE, North 72°11'52" East for a distance of 110.77 feet to
a point for corner;
(26) THENCE, South 83°08'03" East for a distance of 92.11 feet to a
point for corner;
(27) THENCE, South 65°53'48" East for a distance of 84.92 feet to a
point for corner;
(28) THENCE, South 07°21'08" East for a distance of 107.07 feet to
a point for corner;
(29) THENCE, South 21°25'57" West for a distance of 121.20 feet to
a point for corner;
(30) THENCE, South 33°41'30" West for a distance of 76.93 feet to a
point for corner;
(31) THENCE, South 42°09'05" West for a distance of 131.48 feet to
a point for corner;
(32) THENCE, South 45°03'47" West for a distance of 122.62 feet to
a point for corner;
(33) THENCE, South 00°26'36" East for a distance of 102.07 feet to
a point for corner;
(34) THENCE, South 42°26'12" East for a distance of 73.01 feet to a
point for corner;
(35) THENCE, North 76°53'20" East for a distance of 70.93 feet to a
point for corner;
(36) THENCE, North 61°57'33" East for a distance of 110.10 feet to
a point for corner;
(37) THENCE, North 86°49'59" East for a distance of 57.05 feet to a
point for corner;
(38) THENCE, North 68°06'00" East for a distance of 111.11 feet to
a point for corner;
(39) THENCE, North 82°41'26" East for a distance of 271.58 feet to
a point for corner;
(40) THENCE, South 88°01'13" East for a distance of 114.27 feet to
a point for corner;
(41) THENCE, South 89°46'09" East for a distance of 178.21 feet to
a point for corner;
(42) THENCE, North 80°49'21" East for a distance of 72.70 feet to a
point for corner;
(43) THENCE, North 53°06'35" East for a distance of 162.69 feet to
a point for corner;
(44) THENCE, North 19°32'42" East for a distance of 160.09 feet to
a point for corner;
(45) THENCE, North 08°47'46" East for a distance of 217.65 feet to
a point for corner;
(46) THENCE, North 15°27'20" East for a distance of 137.74 feet to
a point for corner;
(47) THENCE, North 26°41'07" West for a distance of 117.15 feet to
a point for corner;
(48) THENCE, North 75°30'38" West for a distance of 63.48 feet to a
point for corner;
(49) THENCE, South 77°51'34" West for a distance of 111.84 feet to
a point for corner;
(50) THENCE, South 67°14'55" West for a distance of 126.55 feet to
a point for corner;
(51) THENCE, North 84°16'56" West for a distance of 92.33 feet to a
point for corner;
(52) THENCE, North 54°36'56" West for a distance of 76.80 feet to a
point for corner;
(53) THENCE, North 03°40'47" East for a distance of 69.88 feet to a
point for corner;
(54) THENCE, North 33°55'50" East for a distance of 73.92 feet to a
point for corner;
(55) THENCE, North 24°18'23" East for a distance of 83.75 feet to a
point for corner;
(56) THENCE, North 34°13'45" East for a distance of 249.15 feet to
a point for corner;
(57) THENCE, North 15°29'51" East for a distance of 133.40 feet to
a point for corner;
(58) THENCE, North 11°47'44" West for a distance of 56.19 feet to a
point for corner;
(59) THENCE, North 29°33'33" West for a distance of 146.29 feet to
a point for corner;
(60) THENCE, North 03°43'48" East for a distance of 94.06 feet to a
point for corner;
(61) THENCE, North 29°17'22" East for a distance of 162.93 feet to
a point for corner;
(62) THENCE, North 53°15'42" East for a distance of 177.88 feet to
a point for corner;
(63) THENCE, North 69°38'07" East for a distance of 195.39 feet to
a point for corner;
(64) THENCE, North 61°42'03" East for a distance of 101.33 feet to
a point for corner;
(65) THENCE, North 36°58'24" East for a distance of 91.65 feet to a
point for corner;
(66) THENCE, North 11°57'27" East for a distance of 58.01 feet to a
point for corner;
(67) THENCE, North 24°42'40" West for a distance of 51.98 feet to a
point for corner;
(68) THENCE, North 56°16'37" West for a distance of 44.55 feet to a
point for corner;
(69) THENCE, North 26°28'19" West for a distance of 40.47 feet to a
point for corner;
(70) THENCE, North 12°06'49" East for a distance of 64.65 feet to a
point for corner;
(71) THENCE, North 12°35'21" East for a distance of 126.74 feet to
a point for corner;
(72) THENCE, North 51°10'24" East for a distance of 62.70 feet to a
point for corner;
(73) THENCE, North 66°13'52" East for a distance of 130.17 feet to
a point for corner;
(74) THENCE, North 87°14'06" East for a distance of 36.35 feet to a
point for corner;
(75) THENCE, South 77°13'16" East for a distance of 50.39 feet to a
point for corner in the easterly line of the called 750.354 acre
tract and the westerly line of a called 72.168 acre tract of land
described in M.C.C.F. No. 2002-015839 and a called 31.770 acre
tract of land described in M.C.C.F. No. 2010024246 ;
(76) THENCE, South 03°44'24" East, along the east line of the
called 750.354 acre tract and the westerly line of the called 31.770
acre tract, passing at 100.0 feet a 5/8-inch iron rod set for
reference, passing at 1,794.90 feet a 5/8-inch iron rod found 1.7
feet west of line, passing at 3,896.04 feet a 1/2-inch capped iron
rod stamped "C&C" found 0.6 feet east of line marking the westerly
common corner of a called 30.825 acre tract of land described in
M.C.C.F. No. 2010024246 and a called 5.716 acre tract of land
described in M.C.C.F. No. 2007-064306, passing at 4,294.96 feet a
1/2-inch iron rod found 1.4 feet east of line marking the
northwesterly common corner of a called 3.105 acre tract of land
described in M.C.C.F. No. 2007-004078, passing at 5,134.99 feet a
1/2-inch iron rod found 0.9 feet west of line marking the westerly
common corner of a called 7.9498 acre tract of land described in
M.C.C.F. No. 2005-047884 and a called 10.188 acre tract of land
described in M.C.C.F. No. 2005-047802, passing at 6,193.39 feet a
1/2-inch iron rod found 1.0 feet east of line marking the westerly
common corner of a called 4.467 acre tract of land described in
M.C.C.F. No. 2007-015113 and a called 5.585 acre tract of land
described in M.C.C.F. No. 9131267, passing at 6,543.21 feet a
1/2-inch capped iron rod stamped "Laughlin" found marking the
westerly common corner of a called 5.585 acre tract of land
described in M.C.C.F. No. 9131267 and a called 5.942 acre tract of
land described in M.C.C.F. No. 2001-049736 from which a 1/2-inch
iron rod was found east, 2.8 feet, and continuing for a total
distance of 7,630.37 feet to a 1/2-inch iron rod found marking the
westerly common corner of a called 7.232 acre tract of land
described in M.C.C.F. No. 2001-049736 and a called 5.00 acre tract
of land described in M.C.C.F. No. 8643874;
(77) THENCE, South 03°51'13" East, along the westerly line of said
5.00 acre tract of land for a distance of 626.02 feet to a point for
corner in the northwesterly right-of-way line of Old
Conroe-Magnolia Road (based on a width of 60-feet as occupied) from
which a 1/2-inch capped iron rod stamped "Jeff Moon RPLS 4639" was
found North 47° 22' East, 0.25 feet;
(78) THENCE, South 44°51'15" West, along the northwesterly
right-of-way line of Old Conroe-Magnolia Road for a distance of
1,973.37 feet to a 1/2-inch capped iron rod stamped "Jeff Moon RPLS
4639" found for corner;
(79) THENCE, South 45°14'26" West , continuing along the
northwesterly right-of-way line of Old Conroe-Magnolia Road for a
distance of 1,055.36 feet to a point for corner in the northerly
line of a called 5.66 acres described in M.C.C.F. No. 2006-100222
from which a 5/8-inch iron rod was found South 86° 07' East, 0.28
feet ;
(80) THENCE, South 86°49'19" West, along the northerly line of said
5.66 acre tract, passing at a distance of 1,076.10 feet a 5/8-inch
iron rod found marking the northerly common of a called 5.01 acre
tract of land described in M.C.C.F. No. S843267 and the
northeasterly corner of the aforementioned Block 1 of Red Oak Ranch
Section One, and continuing along the northerly line of said Block
1 of Red Oak Ranch Section One for a total distance of 2,168.57 feet
to the POINT OF BEGINNING and containing 750.7 acres of land.
TRACT TWO
DESCRIPTION OF A 42.02 ACRE TRACT OF LAND SITUATED IN THE JAMES
HODGE SURVEY, ABSTRACT NO. 19, MONTGOMERY COUNTY, TEXAS, BEING OUT
OF THAT CERTAIN TRACT OF LAND CALLED 48.939 ACRES AS DESCRIBED IN
DEED TO MADELEY INTERESTS LTD. III RECORDED UNDER MONTGOMERY
COUNTY CLERK'S FILE (M.C.C.F.) No. 2002-015834 AND No. 2002-015835
OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY; SAID 42.02 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS, (BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM
OF 1983, CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS):
BEGINNING at a 5/8-inch capped iron rod stamped "EHRA 713-784-4500"
set marking the southwesterly corner of a called 7.9838 acre tract
described in M.C.C.F. No. 2008-034303 and being in the northerly
line of the Block 2 of Red Oak Ranch Section One, as per plat
recorded in Cabinet I, Sheet 200 of the Montgomery County Map
Records (M.C.M.R.);
(1) THENCE, South 86°02'11" West, along the northerly line of said
Block 2 of Red Oak Ranch Section One for a distance of 599.11 feet
to a fence post found for corner;
(2) THENCE, South 85°00'17" West, continuing along the northerly
line of said Red Oak Ranch Section One, passing at 440.25 feet a
5/8-inch iron rod found marking the northwesterly corner of said
Block 2 and the northeasterly corner of a called 8.04 acre tract
described in M.C.C.F. No. 9844236, and continuing along the
northerly line of said 8.04 acre tract for a total distance of
582.25 feet to a fence post found for corner;
(3) THENCE, South 89°19'14" West, along the northerly line of said
8.04 acre tract for a distance of 46.24 feet to a 5/8-inch capped
iron rod stamped "EHRA 713-784-4500" set for corner in the
southwesterly line of a 50-foot wide easement granted to Sinclair
Pipe Line Company in Volume 431-Page 424, Volume 431-Page 428,
Volume 431-Page 434, Volume 434-Page 458 and Volume 434-Page 462 of
the Montgomery County Deed Records;
(4) THENCE, North 25°50'15" West, along the southwesterly line of
said Sinclair easement for a distance of 407.11 feet to a 5/8-inch
capped iron rod stamped "EHRA 713-784-4500" set marking an angle
point;
(5) THENCE, North 27°01'15" West, continuing along the
southwesterly line of said Sinclair easement, a distance of 281.17
feet to a 5/8-inch capped iron rod stamped "EHRA 713-784-4500" set
for corner in the southeasterly right-of-way line of Old
Conroe-Magnolia Road (based on a width of 60-feet as occupied);
(6) THENCE, North 45°14'26" East, along the southeasterly
right-of-way line of Old Conroe-Magnolia Road for a distance of
62.40 feet to a 1/2-inch capped iron rod stamped "Jeff Moon RPLS
4639" found for corner;
(7) THENCE, North 44°51'15" East, continuing along the
southeasterly right-of-way line of Old Conroe-Magnolia Road for a
distance of 1,920.88 feet to a point for corner in the westerly line
of a called 60-foot wide roadway easement described in Volume 676,
Page 842 of the Montgomery County Deed Records from which a 1/2-inch
iron rod was found North 43° 09' East, 0.45 feet;
THENCE, South 03°51'13" East, along the westerly line of said
60-foot wide roadway easement, a distance of 1,934.27 feet to the
POINT OF BEGINNING and containing 42.02 acres of land.
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, the
lieutenant governor, and the 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 are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8449, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8449.108 to read as follows:
Sec. 8449.108. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.