Texas 2013 - 83rd Regular

Texas Senate Bill SB482 Compare Versions

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1	1	By: Williams S.B. No. 482
2	2	(In the Senate - Filed February 11, 2013; February 13, 2013,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; May 2, 2013, reported favorably by the following vote:
5	5	Yeas 4, Nays 0; May 2, 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. 136; granting a limited power of eminent domain;
12	12	providing authority to issue bonds and impose a tax.
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 8433 to read as follows:
16	16	CHAPTER 8433. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 136
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8433.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Commission" means the Texas Commission on
21	21	Environmental Quality.
22	22	(3) "Director" means a board member.
23	23	(4) "District" means the Montgomery County Municipal
24	24	Utility District No. 136.
25	25	Sec. 8433.002. NATURE OF DISTRICT. The district is a
26	26	municipal utility district created under Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. 8433.003. CONFIRMATION AND DIRECTORS' ELECTION
29	29	REQUIRED. The temporary directors shall hold an election to
30	30	confirm the creation of the district and to elect five permanent
31	31	directors as provided by Section 49.102, Water Code.
32	32	Sec. 8433.004. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section 8433.003
34	34	until each municipality in whose corporate limits or
35	35	extraterritorial jurisdiction the district is located has
36	36	consented by ordinance or resolution to the creation of the
37	37	district and to the inclusion of land in the district.
38	38	Sec. 8433.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
39	39	(a) The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of:
41	41	(1) a municipal utility district as provided by
42	42	general law and Section 59, Article XVI, Texas Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, or improvement of
45	45	macadamized, graveled, or paved roads described by Section 54.234,
46	46	Water Code, or improvements, including storm drainage, in aid of
47	47	those roads.
48	48	Sec. 8433.006. 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	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 8433.051. GOVERNING BODY; TERMS. (a) The district is
63	63	governed by a board of five elected directors.
64	64	(b) Except as provided by Section 8433.052, directors serve
65	65	staggered four-year terms.
66	66	Sec. 8433.052. TEMPORARY DIRECTORS. (a) On or after the
67	67	effective date of the Act enacting this chapter, the owner or owners
68	68	of a majority of the assessed value of the real property in the
69	69	district may submit a petition to the commission requesting that
70	70	the commission appoint as temporary directors the five persons
71	71	named in the petition. The commission shall appoint as temporary
72	72	directors the five persons named in the petition.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8433.003; or
76	76	(2) the fourth anniversary of the effective date of
77	77	the Act enacting this chapter.
78	78	(c) If permanent directors have not been elected under
79	79	Section 8433.003 and the terms of the temporary directors have
80	80	expired, successor temporary directors shall be appointed or
81	81	reappointed as provided by Subsection (d) to serve terms that
82	82	expire on the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 8433.003; or
85	85	(2) the fourth anniversary of the date of the
86	86	appointment or reappointment.
87	87	(d) If Subsection (c) applies, the owner or owners of a
88	88	majority of the assessed value of the real property in the district
89	89	may submit a petition to the commission requesting that the
90	90	commission appoint as successor temporary directors the five
91	91	persons named in the petition. The commission shall appoint as
92	92	successor temporary directors the five persons named in the
93	93	petition.
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 8433.101. GENERAL POWERS AND DUTIES. The district has
96	96	the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 8433.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	99	DUTIES. The district has the powers and duties provided by the
100	100	general law of this state, including Chapters 49 and 54, Water Code,
101	101	applicable to municipal utility districts created under Section 59,
102	102	Article XVI, Texas Constitution.
103	103	Sec. 8433.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
104	104	Section 52, Article III, Texas Constitution, the district may
105	105	design, acquire, construct, finance, issue bonds for, improve, and
106	106	convey to this state, a county, or a municipality for operation and
107	107	maintenance macadamized, graveled, or paved roads described by
108	108	Section 54.234, Water Code, or improvements, including storm
109	109	drainage, in aid of those roads.
110	110	(b) The district may exercise the powers provided by this
111	111	section without submitting a petition to or obtaining approval from
112	112	the commission as required by Section 54.234, Water Code.
113	113	Sec. 8433.104. APPROVAL OF ROAD PROJECT. (a) The district
114	114	may not undertake a road project authorized by Section 8433.103
115	115	unless:
116	116	(1) each municipality or county that will operate and
117	117	maintain the road has approved the plans and specifications of the
118	118	road project, if a municipality or county will operate and maintain
119	119	the road; or
120	120	(2) the Texas Transportation Commission has approved
121	121	the plans and specifications of the road project, if the state will
122	122	operate and maintain the road.
123	123	(b) Except as provided by Subsection (a), the district is
124	124	not required to obtain approval from the Texas Transportation
125	125	Commission to design, acquire, construct, finance, issue bonds for,
126	126	improve, or convey a road project.
127	127	Sec. 8433.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
128	128	OR RESOLUTION. The district shall comply with all applicable
129	129	requirements of any ordinance or resolution that is adopted under
130	130	Section 54.016 or 54.0165, Water Code, and that consents to the
131	131	creation of the district or to the inclusion of land in the
132	132	district.
133	133	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
134	134	Sec. 8433.151. ELECTIONS REGARDING TAXES OR BONDS.
135	135	(a) The district may issue, without an election, bonds and other
136	136	obligations secured by:
137	137	(1) revenue other than ad valorem taxes; or
138	138	(2) contract payments described by Section 8433.153.
139	139	(b) The district must hold an election in the manner
140	140	provided by Chapters 49 and 54, Water Code, to obtain voter approval
141	141	before the district may impose an ad valorem tax or issue bonds
142	142	payable from ad valorem taxes.
143	143	(c) The district may not issue bonds payable from ad valorem
144	144	taxes to finance a road project unless the issuance is approved by a
145	145	vote of a two-thirds majority of the district voters voting at an
146	146	election held for that purpose.
147	147	Sec. 8433.152. OPERATION AND MAINTENANCE TAX. (a) If
148	148	authorized at an election held under Section 8433.151, the district
149	149	may impose an operation and maintenance tax on taxable property in
150	150	the district in accordance with Section 49.107, Water Code.
151	151	(b) The board shall determine the tax rate. The rate may not
152	152	exceed the rate approved at the election.
153	153	Sec. 8433.153. CONTRACT TAXES. (a) In accordance with
154	154	Section 49.108, Water Code, the district may impose a tax other than
155	155	an operation and maintenance tax and use the revenue derived from
156	156	the tax to make payments under a contract after the provisions of
157	157	the contract have been approved by a majority of the district voters
158	158	voting at an election held for that purpose.
159	159	(b) A contract approved by the district voters may contain a
160	160	provision stating that the contract may be modified or amended by
161	161	the board without further voter approval.
162	162	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
163	163	Sec. 8433.201. AUTHORITY TO ISSUE BONDS AND OTHER
164	164	OBLIGATIONS. The district may issue bonds or other obligations
165	165	payable wholly or partly from ad valorem taxes, impact fees,
166	166	revenue, contract payments, grants, or other district money, or any
167	167	combination of those sources, to pay for any authorized district
168	168	purpose.
169	169	Sec. 8433.202. TAXES FOR BONDS. At the time the district
170	170	issues bonds payable wholly or partly from ad valorem taxes, the
171	171	board shall provide for the annual imposition of a continuing
172	172	direct ad valorem tax, without limit as to rate or amount, while all
173	173	or part of the bonds are outstanding as required and in the manner
174	174	provided by Sections 54.601 and 54.602, Water Code.
175	175	Sec. 8433.203. BONDS FOR ROAD PROJECTS. At the time of
176	176	issuance, the total principal amount of bonds or other obligations
177	177	issued or incurred to finance road projects and payable from ad
178	178	valorem taxes may not exceed one-fourth of the assessed value of the
179	179	real property in the district.
180	180	SECTION 2. The Montgomery County Municipal Utility District
181	181	No. 136 initially includes all the territory contained in the
182	182	following area:
183	183	Being a 302.00 acre (13,155,064 square feet) parcel situated
184	184	in the John M. Smith Survey, Abstract 533 and the John Foster
185	185	Survey, Abstract 205, Montgomery County, Texas, being all of a
186	186	called 292.0 acre tract conveyed to Lakes At Mill Creek, L.P. by
187	187	General Warranty Deed recorded under Clerk's File No. 2006-092982
188	188	of the Official Public Records of Real Property, Montgomery County,
189	189	Texas, all of a called 10.0088 acre tract conveyed to Lakes at Mill
190	190	Creek, L.P. by Deed recorded under Clerk's File No. 2009-010587 of
191	191	the Official Public Records of Real Property, Montgomery County,
192	192	Texas, containing Unrestricted Reserve "A", Unrestricted Reserve
193	193	"B" and Unrestricted Reserve "C" of Silverado Ranches according to
194	194	the map or plat recorded under Cabinet G, Sheet 135 of the Map
195	195	Records of Montgomery County, Texas, said 302.00 acre parcel more
196	196	particularly described by metes and bounds as follows with all
197	197	bearings referenced to the Texas State Plane Coordinate System,
198	198	Central Zone;
199	199	BEGINNING, at a concrete monument found for the most easterly
200	200	corner of a called 2,420.0166 acre tract conveyed to Terra
201	201	Investments, L.P. by Special Warranty Deed recorded under Clerk's
202	202	File No. 2004-023496 of the Official Public Records of Real
203	203	Property, Montgomery County, Texas, for an interior corner of said
204	204	292.0 acre tract, and the herein described parcel, from which a
205	205	1-inch iron pipe found bears South 66°05'10" East, 23.42 feet;
206	206	THENCE, North 47°33'32" West, 2965.11 feet along the
207	207	northeasterly line of said 2,420.0166 acre tract, and a
208	208	southwesterly line of said 292.0 acre tract to a 5/8-inch iron rod
209	209	found in the southeasterly line of a called 44.3605 acre tract
210	210	conveyed to L. Frankie Hughes by Warranty Deed recorded under
211	211	Clerk's File No. 9342675 of the Official Public Records of Real
212	212	Property, Montgomery County, Texas, for the northerly most corner
213	213	of said 2,420.0166 acre tract, a southwesterly corner of said 292.0
214	214	acre tract, and the herein described parcel;
215	215	THENCE, North 48°16'19" East, 115.62 feet along a
216	216	southeasterly line of said 44.3605 acre tract, and a westerly line
217	217	of said 292.0 acre tract to a 1/2-inch iron rod found with cap for
218	218	the most easterly corner of said 44.3605 acre tract, and a
219	219	southwesterly corner of said 292.0 acre tract, and the herein
220	220	described parcel;
221	221	THENCE, North 49°09'16" West, 111.59 feet along the
222	222	northeasterly line of said 44.3605 acre tract, and a westerly line
223	223	of said 292.0 acre tract to a 1/2-inch iron rod found for the most
224	224	southerly corner of Lot 18 of Silverado Ranches according to the map
225	225	or plat thereof recorded under Cabinet G, Sheet 135 of the Map
226	226	Records of Montgomery County, Texas, for angle point in the west
227	227	line of said 292.0 acre tract, and the herein described parcel;
228	228	THENCE, North 06°38'19" East, 299.51 feet along the east line
229	229	of said Lot 18, and a westerly line of said 292.0 acre tract to a
230	230	1/2-inch iron rod found for an angle point in the east line of said
231	231	Lot 18, and an angle point in the westerly line of said 292.0 acre
232	232	tract, and the herein described parcel;
233	233	THENCE, North 16°56'26" East, 298.99 feet along the east line
234	234	of said Lot 18, and a westerly line of said 292.0 acre tract to a
235	235	1/2-inch iron rod found for the most southerly corner of Lot 16 of
236	236	said Silverado Ranches, for an angle point in the westerly line of
237	237	said 292.0 acre tract;
238	238	THENCE, North 27°25'49"East, 406.81 feet along the east line
239	239	of said Lot 16, and a westerly line of said 292.0 acre tract to a
240	240	1/2-inch iron rod found for an angle point in the east line of said
241	241	Lot 16, for an angle point in the west line of said 292.0 acre tract,
242	242	and the herein described parcel;
243	243	THENCE, North 03°40'26" West, 9.91 feet along the east line of
244	244	said Lot 16, and a westerly line of said 292.0 acre tract, to a
245	245	1/2-inch iron rod found for the southeast corner of said
246	246	Unrestricted Reserve "A", for the northeast corner of said Lot 16,
247	247	and an angle point in the westerly line of said 292.0 acre tract,
248	248	and the herein described parcel;
249	249	THENCE, South 87°48'31" West, 1032.81 feet along the north
250	250	line of said Lot 16, the north line of Lot 17 of said Silverado
251	251	Ranches, the south line of said Unrestricted Reserve "A", the
252	252	southerly line of said 292.0 acre tract to a 1/2-inch iron rod found
253	253	in the east right-of-way line of Collier Smith Road (called 60 feet
254	254	wide), for the northwest corner of said Lot 17, the southwest corner
255	255	of said Unrestricted Reserve "A", for a southwesterly corner of
256	256	said 292.0 acre tract, and the herein described parcel;
257	257	THENCE, North 02°03'22" West, 70.00 feet along the east
258	258	right-of-way line of said Collier Smith Road, and the west line of
259	259	said Unrestricted Reserve "A", and said 292.0 acre tract to a
260	260	1/2-inch iron rod found for the southwest corner of Lot 14 of said
261	261	Silverado Ranches, for the northwest corner of said Unrestricted
262	262	Reserve "A", for a southwesterly corner of said 292.0 acre tract,
263	263	and the herein described parcel;
264	264	THENCE, North 87°48'31" East 1030.83 feet along the south line
265	265	of said Lot 14, south line of Lot 15 of said Silverado Ranches, and
266	266	the north line of said Unrestricted Reserve "A", and a northerly
267	267	line of said 292.0 acre tract to a 1/2-inch iron rod found for the
268	268	southeast corner of said Lot 15, the northeast corner of said
269	269	Unrestricted Reserve "A", for an angle point in the west line of
270	270	said 292.0 acre tract, and the herein described parcel;
271	271	THENCE, North 03°40'26" West, along the east line of said
272	272	Silverado Ranches, the west line of said 292.0 acres, and the west
273	273	line of said Unrestricted Reserve "B", passing at a distance of
274	274	259.52 feet a 1/2-inch iron rod for the southeast corner of Lot 12
275	275	of said Silverado Ranches and the northeast corner of Lot 15 of said
276	276	Silverado Ranches, passing at a distance of 469.34 feet a 1/2-inch
277	277	iron rod found with cap for the southeast corner of Lot 11 of said
278	278	Silverado Ranches and the northeast corner of said Lot 12, passing
279	279	at a distance of 1188.598 feet a 1/2-inch iron rod found for the
280	280	southeast corner of Lot 6 of said Silverado Ranches the northeast
281	281	corner of Lot 7 of said Silverado Ranches, passing at 1425.87 feet a
282	282	1/2-inch iron rod found for the southeast corner of Lot 4 of said
283	283	Silverado Ranches and the northeast corner of Lot 6 of said
284	284	Silverado Ranches, continuing for a total distance of 1885.03 feet
285	285	to a 5/8-inch iron rod found in the south right-of-way line of
286	286	Dobbin Huffsmith Road (called 100 feet wide) for the northeast
287	287	corner of said Lot 4, the northwest corner of said Unrestricted
288	288	Reserve "B", for a northerly corner of said 292.0 acre tract, and
289	289	the herein described parcel;
290	290	THENCE, South 88°35'26" East, 80.29 feet along the south
291	291	right-of-way line of Dobbin Huffsmith Road, the north line of said
292	292	Unrestricted Reserve "B", and a northerly line of said 292.0 acre
293	293	tract to a 5/8-inch iron rod found for the northwest corner of the
294	294	residue of a called 7.6697 acre tract conveyed to Hollis Marlow by
295	295	Warranty Deed with Vendor's Lien recorded under Clerk's File No.
296	296	8133571 of the Official Public Records of Real Property, Montgomery
297	297	County, Texas, for the northeast corner of said Unrestricted
298	298	Reserve "C", for a northwesterly corner of said 292.0 acre tract,
299	299	and the herein described parcel;
300	300	THENCE, South 03°33'04" East, 321.12 feet along the west line
301	301	of said 7.6697 acre tract, the easterly line of said Unrestricted
302	302	Reserve "C" to a 5/8-inch iron rod set with cap (stamped "4833 Town &
303	303	Country") for the southwest corner of said 7.6697 acres, for an
304	304	interior corner of said Unrestricted Reserve "C", for a
305	305	northwesterly corner of said 292.0 acre tract, and the herein
306	306	described parcel;
307	307	THENCE, North 87°42'38" East, 688.90 feet along the south line
308	308	of said 7.6697 acre tract, the north line of said Unrestricted
309	309	Reserve "C", and a northerly line of said 292.0 acre tract to a
310	310	5/8-inch iron rod found for a northwesterly corner of a called 7.82
311	311	acre tract conveyed to Outback Ventures, LLC by Deed recorded under
312	312	Clerk's File No. 2006-086282 of the Official Public Records of Real
313	313	Property, Montgomery County, Texas, for the northeast corner of
314	314	said Unrestricted Reserve "C", for a northwesterly corner of said
315	315	292.0 acre tract, and the herein described parcel;
316	316	THENCE, South 02°29'36" East, 203.28 feet along the west line
317	317	of said 7.82 acre tract, along the east line of said Unrestricted
318	318	Reserve "C", and an easterly line of said 292.0 acre tract, to a
319	319	5/8-inch iron rod found with cap for the southwest corner of said
320	320	7.82 acres, for the northwest corner of said 10.0088 acre tract, for
321	321	a northwesterly corner of the herein described parcel;
322	322	THENCE, North 87°51'00" East, 786.99 feet along the south line
323	323	of said 7.82 acre tract, north line of said 10.0088 acre tract to a
324	324	5/8-inch iron rod found with cap for an angle point in the south
325	325	line of said 7.82 acre tract, the north line of said 10.0088 acre
326	326	tract, and an angle point in the north line of the herein described
327	327	parcel;
328	328	THENCE, South 61°50'46" East, 91.47 feet along the south line
329	329	of said 7.82 acre tract, the north line of said 10.0088 acre tract
330	330	to a 5/8-inch iron rod for an angle point in the south line of said
331	331	7.82 acre tract, and the northerly line of said 10.0088 acre tract,
332	332	and the herein described parcel;
333	333	THENCE, South 07°50'00" East, 211.57 feet along a westerly
334	334	line of 7.82 acre tract, and an easterly line of said 10.0088 acre
335	335	tract, to a 5/8-inch iron rod found for a southeasterly corner of
336	336	said 7.82 acre tract, and an angle point in the northerly line of
337	337	said 10.0088 acre tract, and the herein described parcel;
338	338	THENCE, North 85°27'26" East, 172.05 feet along the southerly
339	339	line of said 7.82 acre tract, and a northerly line of said 10.0088
340	340	acre tract to a 5/8-inch iron rod set with cap (stamped "4833 Town &
341	341	Country) in the west line of a called 10.00 acre tract conveyed to
342	342	R.M. Prince Inc. by Deed recorded under Clerk's File No. 8709356 of
343	343	the Official Public Records of Real Property, Montgomery County,
344	344	Texas, for the southeast corner of said 7.82 acre tract, for a
345	345	northeasterly corner of said 10.0088 acre tract, for an angle point
346	346	in northerly line of the herein described parcel;
347	347	THENCE, South 03°08'05" East, 379.05 feet along the westerly
348	348	line of said 10.00 acre tract, the west line of the residue of a
349	349	called 3.00 acre tract conveyed to R.M. Prince Inc. by Deed recorded
350	350	under Clerk's File No. 9509057 of the Official Public Records of
351	351	Real Property, Montgomery County, Texas, and the east line of said
352	352	10.0088 acre tract to a 1/2-inch iron rod found in the northerly
353	353	line of said 292.0 acre tract, for the southwest corner of said 3.00
354	354	acre tract, for the southeast corner of said 10.0088 acre tract, for
355	355	an angle point in the northerly line of said 292.0 acre tract, and
356	356	the herein described parcel;
357	357	THENCE, North 87°42'04" East, along the south line of said
358	358	3.00 acre tract, and a northerly line of said 292.0 acre tract,
359	359	passing at a distance of 53.72 feet a 5/8-inch iron rod, continuing
360	360	for a total distance of 342.79 feet to a 1/2-inch iron rod found for
361	361	the northwest corner of a called 3.00 acre tract conveyed to R.M.
362	362	Prince Inc. by Deed recorded under Clerk' File No. 9651886 of the
363	363	Official Public Records of Real Property, Montgomery County, Texas,
364	364	for the southwest corner of a called 3.00 acre tract conveyed to
365	365	R.M. Prince Inc. by Deed recorded under Clerk's File No. 9322880 of
366	366	the Official Public Records of Real Property, Montgomery County,
367	367	Texas, for the southeast corner of said 3.00 acres (C.F. No.
368	368	9509057), for an angle point in the northerly line of said 292.0
369	369	acre tract, and the herein described parcel;
370	370	THENCE, South 02°08'47" East, 343.83 feet along the west line
371	371	of said 3.00 acre tract (C.F. No. 9651886), an easterly line of said
372	372	292.0 acre tract to a 5/8-inch iron rod set with cap (stamped "4833
373	373	Town & Country) for the southwest corner of said 3.00 acre tract
374	374	(C.F. No. 9651886), for an angle point in the northerly line of said
375	375	292.0 acre tract, and the herein described parcel;
376	376	THENCE, North 87°51'09" East, 268.60 feet along the south line
377	377	of said 3.00 acre tract (C.F. No. 9651886), and the northerly line
378	378	of said 292.0 acre tract to a 5/8-inch iron rod set with cap
379	379	(stamped "4833 Town & Country) for the southeast corner of said 3.00
380	380	acre tract (C.F. No. 9651886), for an angle point in the northerly
381	381	line of said 292.0 acre tract, and the herein described parcel;
382	382	THENCE, North 20°10'18" East, 1062.91 feet along the east line
383	383	of said 3.00 acre tract (C.F. No. 9651886), and a westerly line of
384	384	292.0 acre tract to a 1/2-inch iron rod in the south right-of-way
385	385	line of said Dobbin Huffsmith Road, for the most northeasterly
386	386	corner of said 3.00 acre tract (C.F. No. 9651886) for a
387	387	northeasterly corner of said 292.0 acre tract, and the herein
388	388	described parcel;
389	389	THENCE, South 61°25'49" East, 1029.91 feet along the south
390	390	right-of-way line of said Dobbin Huffsmith Road, for the northerly
391	391	line of said 292.0 acre tract to a 5/8-inch iron rod set with cap
392	392	(stamped "4833 Town & Country) for the most northerly corner of
393	393	Decker Hills Section 3 according to the map or plat thereof recorded
394	394	under Cabinet D, Sheet 116-B of the Map Records of Montgomery
395	395	County, Texas, for the most northeasterly corner of said 292.0 acre
396	396	tract, and the herein described parcel;
397	397	THENCE, South 17°27'17" West, along the westerly line of said
398	398	Decker Hills Section 3, along the easterly line of said 292.0 acre
399	399	tract, passing at a distance of 887.47 feet a 1/2-inch iron rod
400	400	found for the southwest corner of Lot 2 of Block 10C of said Decker
401	401	Hills Section 3, for the northeast corner of Lot 26, Block 4C of
402	402	said Decker Hills Section 3, passing at a distance of 1274.93 feet
403	403	the southwest corner of Lot 2, Block 4C of said Decker Hills Section
404	404	3, for the northwest corner of Lot 25, Block 5C of said Decker Hills
405	405	Section 3, passing at a distance of 1919.97 feet a 1/2-inch iron rod
406	406	found for the southwest corner of Lot 27, Block 6C, and the
407	407	northwest corner of Lot 1, Block 6C of said Decker Hills Section 3,
408	408	passing at a distance of 2365.65 feet a 1/2-inch iron rod for the
409	409	southwest corner of Lot 26, Block 7C of said Decker Hills Section 3,
410	410	for the northwest corner of Lot 1, Block 7C of said Decker Hills
411	411	Section 3, passing at a distance of 2885.37 feet a 1/2-inch iron rod
412	412	found for the southwest corner of Lot 1, Block 8C of said Decker
413	413	Hills Section 3, for the northwest corner of Lot 2, Block 8C of said
414	414	Decker Hills Section 3, passing at a distance of 3015.05 feet a
415	415	1-1/2 inch iron pipe for the southwest corner of said Lot 2, for the
416	416	northwest corner of Lot 28, Block 8C of said Decker Hills Section 3,
417	417	passing at a distance of 3167.88 feet a 1/2-inch iron rod found for
418	418	the southwest corner of said Lot 28, for the northwest corner of Lot
419	419	2, Block 9C of said Decker Hills Section 3, passing at a distance of
420	420	3325.90 feet a 1/2-inch iron rod found for the southwest corner of
421	421	said Lot 1, and the northwest corner of Lot 2 of said Block 9C,
422	422	continuing for a total distance of 3746.83 feet to a fence corner
423	423	found in the west line of Lot 2, Block 10C of said Decker Hills
424	424	Section 3, for a southeasterly corner of said 292.0 acre tract, and
425	425	the herein described parcel, beginning a curve to the left;
426	426	THENCE, along the westerly line of said Lot 2, the westerly
427	427	line of Lot 3 of said Block 10C, and an easterly line of said 292.0
428	428	acre tract, along the arc of said curve to the left with a radius of
429	429	180.00 feet, an arc length of 173.99 feet, through a delta of
430	430	55°22'54", and a chord bearing South 10°12'26" East, 167.29 feet to a
431	431	power pole found for a northwesterly corner of said Lot 3, for a
432	432	southeasterly corner of said 292.0 acre tract, and the herein
433	433	described parcel;
434	434	THENCE, South 37°53'53" East, 190.29 feet along the
435	435	southwesterly line of said Block 10C, and an easterly line of said
436	436	292.0 acre tract to a fence corner found for the most southerly
437	437	corner of Lot 4 of said Block C, for the most westerly corner of Lot
438	438	5 of said Block 10C, for a southeasterly corner of said 292.0 acre
439	439	tract, and the herein described parcel, beginning a curve to the
440	440	right;
441	441	THENCE, continuing along the west line of said Block 10C, and
442	442	an easterly line of said 292.0 acre tract, along the arc of said
443	443	curve to the right with a radius of 175.00 feet, an arc length of
444	444	168.47 feet, through a delta of 55°09'34", and a chord bearing South
445	445	10°19'06" East, 162.04 feet to a 5/8-inch iron rod found in the south
446	446	right-of-way line of Wichita Falls Street (called 60 feet wide),
447	447	for the most northerly corner of a Sewer Plant Site in said Decker
448	448	Hills Section 3, for a southeasterly corner of said 292.0 acre
449	449	tract, and the herein described parcel;
450	450	THENCE, South 17°15'41" West, along a westerly line of said
451	451	Sewer Plant Site and a tract Reserved for Ranchette Tracts, and an
452	452	easterly line of said 292.0 acre tract, passing at a distance of
453	453	292.76 feet a 5/8-inch iron rod found, continuing for a total
454	454	distance of 1811.09 feet to a point in the center of Mill Creek, in
455	455	the northerly line of Decker Woods Ranchettes according to the map
456	456	or plat thereof recorded under Cabinet D, Sheet 112 of the Map
457	457	Records of Montgomery County, Texas, for a southwesterly corner of
458	458	said tract Reserved for Ranchette Tracts, for a southeasterly
459	459	corner of said 292.0 acre tract, and the herein described parcel;
460	460	THENCE, along the northerly line of said Decker Woods
461	461	Ranchettes, along a southwesterly line of said 292.0 acre tract,
462	462	along the centerline of said Mill Creek the following courses and
463	463	distances:
464	464	North 28°40'20" West, 15.81 feet;
465	465	North 72°05'01" West, 25.18 feet
466	466	South 34°21'33" West, 39.78 feet;
467	467	South 79°04'29" West, 126.76 feet;
468	468	North 71°24'37" West, 48.48 feet;
469	469	North 42°52'57" West, 69.21 feet;
470	470	North 03°18'28" West, 265.84 feet;
471	471	North 33°32'33" East, 157.09 feet;
472	472	North 21°37'23" East, 196.46 feet;
473	473	North 14°41'01" West, 179.25 feet;
474	474	North 28°11'12" West, 104.46 feet;
475	475	North 02°27'44" West, 121.90 feet;
476	476	North 82°54'33" West, 54.32 feet;
477	477	North 33°59'19" West, 130.65 feet;
478	478	North 53°40'15" West, 132.72 feet;
479	479	South 47°14'33" West, 80.96 feet;
480	480	South 87°29'16" West, 45.61 feet;
481	481	North 55°46'50" West, 120.20 feet to a point in the
482	482	center of said Mill Creek, in the southeasterly line of said
483	483	2,420.0166 acre tract, for the most northerly corner of Lot 21 of
484	484	said Decker Woods Ranchettes, for a southeasterly corner of said
485	485	292.0 acre tract and the herein described parcel;
486	486	THENCE, North 41°38'57" East, 563.33 feet along the
487	487	southeasterly line of said 2,420.0166 acre tract, and a westerly
488	488	line of said 292.0 acre tract to the POINT OF BEGINNING, CONTAINING
489	489	302.0 acres (13,155,064 square feet) of land in Montgomery County,
490	490	Texas.
491	491	SECTION 3. (a) The legal notice of the intention to
492	492	introduce this Act, setting forth the general substance of this
493	493	Act, has been published as provided by law, and the notice and a
494	494	copy of this Act have been furnished to all persons, agencies,
495	495	officials, or entities to which they are required to be furnished
496	496	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
497	497	Government Code.
498	498	(b) The governor, one of the required recipients, has
499	499	submitted the notice and Act to the Texas Commission on
500	500	Environmental Quality.
501	501	(c) The Texas Commission on Environmental Quality has filed
502	502	its recommendations relating to this Act with the governor, the
503	503	lieutenant governor, and the speaker of the house of
504	504	representatives within the required time.
505	505	(d) All requirements of the constitution and laws of this
506	506	state and the rules and procedures of the legislature with respect
507	507	to the notice, introduction, and passage of this Act are fulfilled
508	508	and accomplished.
509	509	SECTION 4. (a) If this Act does not receive a two-thirds
510	510	vote of all the members elected to each house, Subchapter C, Chapter
511	511	8433, Special District Local Laws Code, as added by Section 1 of
512	512	this Act, is amended by adding Section 8433.106 to read as follows:
513	513	Sec. 8433.106. NO EMINENT DOMAIN POWER. The district may
514	514	not exercise the power of eminent domain.
515	515	(b) This section is not intended to be an expression of a
516	516	legislative interpretation of the requirements of Subsection (c),
517	517	Section 17, Article I, Texas Constitution.
518	518	SECTION 5. This Act takes effect immediately if it receives
519	519	a vote of two-thirds of all the members elected to each house, as
520	520	provided by Section 39, Article III, Texas Constitution. If this
521	521	Act does not receive the vote necessary for immediate effect, this
522	522	Act takes effect September 1, 2013.
523	523	* * * * *