Texas 2013 - 83rd Regular

Texas Senate Bill SB1845 Compare Versions

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1	1	By: Taylor S.B. No. 1845
2	2	(Thompson of Brazoria)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Brazoria County Municipal Utility
7	7	District No. 48; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8426 to read as follows:
13	13	CHAPTER 8426. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 48
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8426.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Brazoria County Municipal
21	21	Utility District No. 48.
22	22	Sec. 8426.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8426.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8426.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8426.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8426.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8426.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8426.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8426.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8426.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8426.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8426.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8426.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8426.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8426.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8426.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8426.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8426.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 8426.151. ELECTIONS REGARDING TAXES OR BONDS.
126	126	(a) The district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 8426.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 8426.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 8426.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 8426.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 8426.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 8426.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 8426.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Brazoria County Municipal Utility District
172	172	No. 48 initially includes all the territory contained in the
173	173	following area:
174	174	Being a 492.77 acre tract of land out of the Francis Moore
175	175	League, Abstract 100, Brazoria County, Texas; and being out of and a
176	176	portion of that certain called 2,075.08 acre tract of land as
177	177	conveyed in Special Warranty Deed to SUNTEX FULLER CORPORATION,
178	178	recorded in Clerk's File Number 99-003294 of the Official Public
179	179	Records of Real Property in Brazoria County, Texas; said 492.77
180	180	acre tract of land is more particularly described by metes and
181	181	bounds as follows;
182	182	BEGINNING at a point for corner in the North line of said
183	183	Francis Moore League, Abstract-100 and the South line of J.M. Allen
184	184	Survey, Abstract 1, said common line being the Centerline of F.M.
185	185	1462 (120-feet wide right-of-way) as described in Volume 303, Page
186	186	215 in Deed Records of Brazoria County, Texas; said point being at
187	187	the intersection of said Centerline F.M. 1462 and the Westerly bank
188	188	of Chocolate Bayou;
189	189	THENCE with said Westerly bank of Chocolate Bayou as follows:
190	190	- South 29° 37' 12" East, 286.76 feet to a point for corner;
191	191	- South 37° 37' 45" East, 98.60 feet to a point for corner;
192	192	- South 58° 12' 19" East, 74.12 feet to a point for corner;
193	193	- South 65° 18' 15" East, 39.36 feet to a point for corner;
194	194	- South 72° 50' 52" East, 84.71 feet to a point for corner;
195	195	- South 62° 07' 23" East, 50.26 feet to a point for corner;
196	196	- South 63° 42' 25" East, 61.61 feet to a point for corner;
197	197	- South 83° 58' 31" East, 62.15 feet to a point for corner;
198	198	- South 89° 46' 42" East, 156.44 feet to a point for corner;
199	199	- North 78° 40' 17" East, 114.42 feet to a point for corner;
200	200	- South 83° 48' 49" East, 75.14 feet to a point for corner;
201	201	- South 44° 41' 36" East, 53.64 feet to a point for corner;
202	202	- South 35° 59' 27" East, 41.91 feet to a point for corner;
203	203	- South 54° 37' 18" East, 72.75 feet to a point for corner;
204	204	- South 60° 13' 15" East, 82.99 feet to a point for corner;
205	205	- South 84° 59' 15" East, 41.40 feet to a point for corner;
206	206	- North 65° 07' 37" East, 49.36 feet to a point for corner;
207	207	- North 49° 04' 05" East, 45.02 feet to a point for corner;
208	208	- North 27° 07' 24" East, 42.50 feet to a point for corner;
209	209	- North 05° 24' 53" East, 150.68 feet to a point for corner;
210	210	- North 17° 46' 16" East, 205.58 feet to a point for corner;
211	211	- North 29° 54' 00" East, 69.19 feet to a point for corner;
212	212	- North 53° 46' 00" East, 41.16 feet to a point for corner;
213	213	- North 73° 56' 12" East, 44.86 feet to a point for corner;
214	214	- South 74° 06' 34" East, 48.00 feet to a point for corner;
215	215	- South 57° 22' 21" East, 52.53 feet to a point for corner;
216	216	- South 46° 11' 23" East, 60.40 feet to a point for corner;
217	217	- South 23° 42' 34" East, 110.24 feet to a point for corner;
218	218	- South 37° 15' 55" East, 67.68 feet to a point for corner;
219	219	- South 13° 20' 22" East, 50.54 feet to a point for corner;
220	220	- South 13° 56' 17" West, 30.35 feet to a point for corner;
221	221	- South 43° 44' 18" West, 45.77 feet to a point for corner;
222	222	- South 28° 21' 38" West, 43.10 feet to a point for corner;
223	223	- South 02° 44' 06" West, 78.01 feet to a point for corner;
224	224	- South 12° 50' 40" West, 81.68 feet to a point for corner;
225	225	- South 30° 17' 22" West, 34.87 feet to a point for corner;
226	226	- South 55° 21' 34" West, 172.54 feet to a point for corner;
227	227	- South 24° 06' 16" West, 50.46 feet to a point for corner;
228	228	- South 02° 02' 05" West, 40.80 feet to a point for corner;
229	229	- South 06° 26' 16" East, 53.32 feet to a point for corner;
230	230	- South 36° 15' 31" East, 78.14 feet to a point for corner;
231	231	- South 70° 27' 18" East, 63.39 feet to a point for corner;
232	232	- South 82° 03' 36" East, 171.66 feet to a point for corner;
233	233	- North 83° 34' 28" East, 126.11 feet to a point for corner;
234	234	- South 87° 49' 03" East, 54.71 feet to a point for corner;
235	235	- South 80° 56' 32" East, 64.45 feet to a point for corner;
236	236	- North 84° 13' 38" East, 108.16 feet to a point for corner;
237	237	- South 49° 12' 27" East, 91.66 feet to a point for corner;
238	238	- South 29° 23' 53" East, 36.26 feet to a point for corner;
239	239	- South 08° 12' 55" East, 50.07 feet to a point for corner;
240	240	- South 14° 12' 56" West, 32.94 feet to a point for corner;
241	241	- South 41° 22' 38" West, 30.22 feet to a point for corner;
242	242	- South 62° 38' 50" West, 27.71 feet to a point for corner;
243	243	- South 46° 50' 24" West, 40.68 feet to a point for corner;
244	244	- South 19° 42' 22" West, 78.54 feet to a point for corner;
245	245	- South 29° 41' 54" West, 57.57 feet to a point for corner;
246	246	- South 54° 43' 10" West, 59.98 feet to a point for corner;
247	247	- North 75° 12' 03" West, 28.25 feet to a point for corner;
248	248	- North 58° 05' 53" West, 80.22 feet to a point for corner;
249	249	- North 68° 16' 26" West, 80.89 feet to a point for corner;
250	250	- North 84° 24' 48" West, 113.51 feet to a point for corner;
251	251	- South 85° 36' 43" West, 57.64 feet to a point for corner;
252	252	- South 59° 07' 07" West, 35.52 feet to a point for corner;
253	253	- South 43° 10' 00" West, 173.07 feet to a point for corner;
254	254	- South 58° 18' 23" West, 59.61 feet to a point for corner;
255	255	- South 65° 27' 02" West, 95.46 feet to a point for corner;
256	256	- South 75° 33' 32" West, 38.58 feet to a point for corner;
257	257	- South 41° 03' 58" West, 116.50 feet to a point for corner;
258	258	- South 22° 37' 47" West, 141.61 feet to a point for corner;
259	259	- South 50° 15' 58" West, 35.62 feet to a point for corner;
260	260	- South 56° 20' 46" West, 45.50 feet to a point for corner;
261	261	- South 76° 05' 17" West, 34.12 feet to a point for corner;
262	262	- North 84° 28' 59" West, 68.63 feet to a point for corner;
263	263	- North 73° 17' 07" West, 48.33 feet to a point for corner;
264	264	- North 82° 37' 09" West, 97.81 feet to a point for corner;
265	265	- North 70° 03' 45" West, 68.68 feet to a point for corner;
266	266	- North 31° 08' 18" West, 94.47 feet to a point for corner;
267	267	- North 53° 10' 57" West, 46.64 feet to a point for corner;
268	268	- South 88° 04' 18" West, 51.20 feet to a point for corner;
269	269	- South 48° 48' 10" West, 34.38 feet to a point for corner;
270	270	- South 24° 58' 40" West, 28.83 feet to a point for corner;
271	271	- South 14° 30' 57" West, 62.55 feet to a point for corner;
272	272	- South 11° 22' 46" West, 47.19 feet to a point for corner;
273	273	- South 06° 21' 31" West, 71.09 feet to a point for corner;
274	274	- South 01° 53' 08" East, 54.84 feet to a point for corner;
275	275	- South 22° 47' 28" East, 73.62 feet to a point for corner;
276	276	- South 40° 22' 45" East, 88.74 feet to a point for corner;
277	277	- South 49° 22' 08" East, 65.26 feet to a point for corner;
278	278	- South 43° 59' 08" East, 38.80 feet to a point for corner;
279	279	- South 23° 37' 58" East, 41.60 feet to a point for corner;
280	280	- South 13° 27' 43" East, 72.46 feet to a point for corner;
281	281	- South 04° 01' 07" West, 42.58 feet to a point for corner;
282	282	- South 06° 34' 31" East, 63.66 feet to a point for corner;
283	283	- South 27° 26' 58" East, 82.58 feet to a point for corner;
284	284	- South 43° 05' 31" East, 75.71 feet to a point for corner;
285	285	- South 56° 19' 30" East, 49.62 feet to a point for corner;
286	286	- South 67° 40' 45" East, 29.88 feet to a point for corner;
287	287	- North 79° 19' 18" East, 74.56 feet to a point for corner;
288	288	- North 76° 45' 00" East, 53.43 feet to a point for corner;
289	289	- North 65° 44' 53" East, 63.34 feet to a point for corner;
290	290	- North 56° 48' 14" East, 127.00 feet to a point for corner;
291	291	- North 49° 25' 33" East, 78.20 feet to a point for corner;
292	292	- North 67° 53' 48" East, 26.43 feet to a point for corner;
293	293	- South 88° 06' 40" East, 37.72 feet to a point for corner;
294	294	- South 74° 00' 35" East, 71.50 feet to a point for corner;
295	295	- South 65° 57' 46" East, 38.27 feet to a point for corner;
296	296	- South 89° 42' 38" East, 87.64 feet to a point for corner;
297	297	- North 85° 26' 05" East, 90.72 feet to a point for corner;
298	298	- North 80° 10' 34" East, 82.71 feet to a point for corner;
299	299	- North 87° 00' 20" East, 124.97 feet to a point for corner;
300	300	- North 89° 26' 04" East, 57.86 feet to a point for corner;
301	301	- North 77° 34' 48" East, 49.14 feet to a point for corner;
302	302	- North 58° 17' 24" East, 108.39 feet to a point for corner;
303	303	- North 75° 24' 28" East, 30.99 feet to a point for corner;
304	304	- South 88° 57' 13" East, 34.60 feet to a point for corner;
305	305	- South 56° 09' 02" East, 32.08 feet to a point for corner;
306	306	- South 22° 58' 47" East, 33.43 feet to a point for corner;
307	307	- South 05° 22' 46" East, 44.50 feet to a point for corner;
308	308	- South 05° 06' 14" East, 36.88 feet to a point for corner;
309	309	- South 01° 13' 08" West, 27.95 feet to a point for corner;
310	310	- South 15° 10' 17" West, 107.22 feet to a point for corner;
311	311	- South 23° 55' 06" West, 72.71 feet to a point for corner;
312	312	- South 30° 49' 01" West, 145.30 feet to a point for corner;
313	313	- South 15° 47' 42" West, 100.00 feet to a point for corner;
314	314	- South 04° 46' 36" West, 54.14 feet to a point for corner;
315	315	- South 02° 57' 21" East, 60.40 feet to a point for corner;
316	316	- South 10° 08' 35" East, 49.22 feet to a point for corner;
317	317	- South 09° 42' 06" East, 58.74 feet to a point for corner;
318	318	- South 07° 38' 22" East, 36.41 feet to a point for corner;
319	319	- South 31° 36' 51" East, 65.72 feet to a point for corner;
320	320	- South 51° 26' 07" East, 61.58 feet to a point for corner;
321	321	- South 67° 13' 50" East, 144.59 feet to a point for corner;
322	322	- South 77° 25' 44" East, 191.64 feet to a point for corner;
323	323	- North 78° 29' 03" East, 44.38 feet to a point for corner;
324	324	- South 78° 19' 52" East, 41.39 feet to a point for corner;
325	325	- South 66° 14' 34" East, 44.08 feet to a point for corner;
326	326	- South 61° 53' 03" East, 46.63 feet to a point for corner;
327	327	- South 49° 56' 58" East, 51.47 feet to a point for corner;
328	328	- South 02° 17' 31" East, 112.25 feet to a point for corner;
329	329	- South 43° 16' 43" West, 98.84 feet to a point for corner;
330	330	- South 57° 11' 33" West, 98.06 feet to a point for corner;
331	331	- South 40° 07' 08" West, 236.64 feet to a point for corner;
332	332	- North 70° 59' 30" West, 57.49 feet to a point for corner;
333	333	- North 48° 00' 50" West, 118.49 feet to a point for corner;
334	334	- North 76° 05' 32" West, 63.06 feet to a point for corner;
335	335	- South 69° 35' 35" West, 58.51 feet to a point for corner;
336	336	- South 13° 44' 39" West, 184.14 feet to a point for corner;
337	337	- South 12° 29' 32" East, 146.42 feet to a point for corner;
338	338	- South 41° 49' 23" East, 87.14 feet to a point for corner;
339	339	- South 80° 55' 57" East, 86.52 feet to a point for corner;
340	340	- North 75° 00' 30" East, 121.65 feet to a point for corner;
341	341	- South 87° 45' 43" East, 74.00 feet to a point for corner;
342	342	- South 52° 58' 03" East, 81.42 feet to a point for corner;
343	343	- South 38° 54' 56" East, 96.24 feet to a point for corner;
344	344	- South 50° 58' 05" East, 142.39 feet to a point for corner;
345	345	- South 27° 12' 41" East, 168.84 feet to a point for corner;
346	346	- South 66° 04' 26" East, 86.14 feet to a point for corner;
347	347	- North 47° 10' 06" East, 94.51 feet to a point for corner;
348	348	- North 62° 41' 11" East, 70.59 feet to a point for corner;
349	349	- North 29° 32' 19" East, 146.55 feet to a point for corner;
350	350	- North 64° 55' 24" East, 71.38 feet to a point for corner;
351	351	- South 45° 02' 00" East, 69.41 feet to a point for corner;
352	352	- South 20° 13' 41" East, 153.12 feet to a point for corner;
353	353	- South 39° 23' 59" East, 99.67 feet to a point for corner;
354	354	- South 07° 54' 52" West, 76.85 feet to a point for corner;
355	355	- South 38° 29' 47" West, 183.92 feet to a point for corner;
356	356	- South 33° 25' 33" West, 89.62 feet to a point for corner;
357	357	- South 12° 25' 45" East, 37.02 feet to a point for corner;
358	358	- South 47° 14' 01" East, 94.42 feet to a point for corner;
359	359	- South 36° 03' 09" East, 77.48 feet to a point for the
360	360	Southeast corner of the herein described tract of land;
361	361	THENCE South 62° 54' 39" West with the Southeasterly line of
362	362	the herein described tract of land, the Northwesterly line of
363	363	Brazoria County M.U.D. No. 50, 3,610.87 feet to a point for the
364	364	Southernmost Southwest corner of the herein described tract of
365	365	land, being in the arc of a non-tangent curve to the right, for the
366	366	East line of Savannah Plantation, Section Three as recorded in
367	367	Volume 21, Page 1-2 of the Map Records of Brazoria County, Texas;
368	368	THENCE with the East line of said Savannah Plantation,
369	369	Section Three, the West line of the herein described tract of land
370	370	as follows:
371	371	- Along the arc of said non-tangent curve to the right,
372	372	having a chord of North 17° 20' 19" East, 788.14 feet, a radius of
373	373	2,230.00 feet, a central angle of 20° 21' 25", an arc length of
374	374	792.31 feet to a point of non-tangent reverse curvature for corner;
375	375	- Along the arc of said non-tangent reverse curve to the
376	376	left, having a chord of North 05° 50' 56" West, 235.49 feet, a radius
377	377	of 200.00 feet, a central angle of 72° 08' 00", an arc length of
378	378	251.79 feet to a point for corner;
379	379	- North 41° 54' 56" West, 411.19 feet to a point for corner at
380	380	the beginning of a curve to the right;
381	381	- Along the arc of said curve to the right, having a chord of
382	382	North 30° 37' 03" West, 352.64 feet, a radius of 900.00 feet, a
383	383	central angle of 22° 35' 45", an arc length of 354.93 feet to a point
384	384	for corner;
385	385	- North 19° 19' 11" West, 470.76 feet to a point for the
386	386	Northeast corner of said Savannah Plantation, Section Three, being
387	387	in the South line of Savannah Plantation, Section Four as recorded
388	388	in Volume 21, Pages 153-154 of the Map Records of Brazoria County,
389	389	Texas;
390	390	THENCE with the South line of said Savannah Plantation,
391	391	Section Four as follows:
392	392	- North 70° 40' 49" East, 665.48 feet to a point for corner at
393	393	the beginning of a curve to the left;
394	394	- Along the arc of said curve to the left, having a chord of
395	395	North 55° 54' 25" East, 968.98 feet, a radius of 1900.00 feet, a
396	396	central angle of 29° 32' 48", an arc length of 979.80 feet to a point
397	397	of reverse curvature for corner;
398	398	- Along the arc of said reverse curve to the right, having a
399	399	chord of North 48° 00' 02" East, 406.52 feet, a radius of 1700.00
400	400	feet, a central angle of 13° 44' 02", an arc length of 407.49 feet to
401	401	a point for the Easternmost corner of said Savannah Plantation,
402	402	Section Four;
403	403	THENCE North 45° 17' 17" West with the Northeasterly line of
404	404	said Savannah Plantation, Section Four, 498.34 feet to a point for
405	405	the Northeast corner of said Savannah Plantation, Section Four, at
406	406	the beginning of a non-tangent curve to the left;
407	407	THENCE with the North line of said Savannah Plantation,
408	408	Section Four as follows:
409	409	- Along the arc of said non-tangent curve to the left,
410	410	having a chord of South 51° 47' 20" West, 236.29 feet, a radius of
411	411	640.00 feet, a central angle of 21° 16' 32", an arc length of 237.65
412	412	feet to a point for corner;
413	413	- South 41° 09' 03" West, 202.91 feet to a point for corner;
414	414	- North 48° 50' 57" West, 15.15 feet to a point for corner at
415	415	the beginning of a curve to the left;
416	416	- Along the arc of said curve to the left, having a chord of
417	417	North 62° 26' 57" West, 348.01 feet, a radius of 740.00 feet, a
418	418	central angle of 27° 12' 00", an arc length of 351.30 feet to a point
419	419	for corner;
420	420	- South 13° 57' 02" West, 80.00 feet to a point for corner;
421	421	- South 70° 37' 31" West, 1280.48 feet to a point for corner;
422	422	- South 70° 43' 06" West, 3,357.14 feet to a point for the
423	423	Northwest corner of said Savannah Plantation, Section Four, in the
424	424	Northeasterly line of said Savannah Plantation, Section Three, the
425	425	Northeasterly right-of-way line of Savannah Plantation Drive
426	426	(150-foot right-of-way)as recorded in said Savannah Plantation,
427	427	Section Three;
428	428	THENCE North 27° 01' 02" West, passing at a distance of 695.14
429	429	feet a point marking the Northernmost Northeast corner of said
430	430	Savannah Plantation, Section Three, being the Southeast corner of
431	431	Savannah Plantation, Section Two, as recorded in Volume 20, Pages
432	432	333-334 of the Map Records of Brazoria County, Texas; and
433	433	continuing for a total distance of 1,173.56 feet to a point for the
434	434	Southwest corner of Savannah Plantation, Section One (Unrecorded);
435	435	THENCE with the Southeasterly line of said Savannah
436	436	Plantation, Section One as follows:
437	437	- North 62° 58' 58" East, 1515.00 feet to a point for corner;
438	438	- North 27° 01' 02" West, 474.00 feet to a point for corner;
439	439	- North 62° 58' 58" East, 1,800.00 feet to a point for the
440	440	Easternmost Southeast corner of said Savannah Plantation, Section
441	441	One;
442	442	- North 27° 01' 02" West, 786.10 feet to a point for the
443	443	Northeast corner of said Savannah Plantation, Section One, the
444	444	Northwest corner of the herein described tract of land, in the
445	445	Centerline of said F.M. 1462, in said North line of Francis Moore
446	446	League, A-100, the South line of said J.M. Allen Survey, A-1;
447	447	THENCE North 62° 58' 58" East with said centerline and said
448	448	common survey line, 2,586.70 feet to the POINT OF BEGINNING;
449	449	containing 492.77 acres of land, more or less.
450	450	SECTION 3. (a) The legal notice of the intention to
451	451	introduce this Act, setting forth the general substance of this
452	452	Act, has been published as provided by law, and the notice and a
453	453	copy of this Act have been furnished to all persons, agencies,
454	454	officials, or entities to which they are required to be furnished
455	455	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
456	456	Government Code.
457	457	(b) The governor, one of the required recipients, has
458	458	submitted the notice and Act to the Texas Commission on
459	459	Environmental Quality.
460	460	(c) The Texas Commission on Environmental Quality has filed
461	461	its recommendations relating to this Act with the governor, the
462	462	lieutenant governor, and the speaker of the house of
463	463	representatives within the required time.
464	464	(d) All requirements of the constitution and laws of this
465	465	state and the rules and procedures of the legislature with respect
466	466	to the notice, introduction, and passage of this Act are fulfilled
467	467	and accomplished.
468	468	SECTION 4. (a) If this Act does not receive a two-thirds
469	469	vote of all the members elected to each house, Subchapter C, Chapter
470	470	8426, Special District Local Laws Code, as added by Section 1 of
471	471	this Act, is amended by adding Section 8426.106 to read as follows:
472	472	Sec. 8426.106. NO EMINENT DOMAIN POWER. The district may
473	473	not exercise the power of eminent domain.
474	474	(b) This section is not intended to be an expression of a
475	475	legislative interpretation of the requirements of Subsection (c),
476	476	Section 17, Article I, Texas Constitution.
477	477	SECTION 5. This Act takes effect immediately if it receives
478	478	a vote of two-thirds of all the members elected to each house, as
479	479	provided by Section 39, Article III, Texas Constitution. If this
480	480	Act does not receive the vote necessary for immediate effect, this
481	481	Act takes effect September 1, 2013.