Texas 2013 - 83rd Regular

Texas Senate Bill SB623 Compare Versions

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1	1	By: Williams S.B. No. 623
2	2	(Toth)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Montgomery County Municipal Utility
8	8	District No. 138; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8422 to read as follows:
14	14	CHAPTER 8422. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 138
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8422.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Montgomery County Municipal
22	22	Utility District No. 138.
23	23	Sec. 8422.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8422.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8422.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 8422.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8422.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8422.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8422.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8422.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 8422.052. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8422.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8422.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8422.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8422.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8422.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8422.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8422.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards, zoning and
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8422.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8422.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8422.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8422.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8422.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 8422.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	155	Sec. 8422.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	156	OBLIGATIONS. The district may issue bonds or other obligations
157	157	payable wholly or partly from ad valorem taxes, impact fees,
158	158	revenue, contract payments, grants, or other district money, or any
159	159	combination of those sources, to pay for any authorized district
160	160	purpose.
161	161	Sec. 8422.202. TAXES FOR BONDS. At the time the district
162	162	issues bonds payable wholly or partly from ad valorem taxes, the
163	163	board shall provide for the annual imposition of a continuing
164	164	direct ad valorem tax, without limit as to rate or amount, while all
165	165	or part of the bonds are outstanding as required and in the manner
166	166	provided by Sections 54.601 and 54.602, Water Code.
167	167	Sec. 8422.203. BONDS FOR ROAD PROJECTS. At the time of
168	168	issuance, the total principal amount of bonds or other obligations
169	169	issued or incurred to finance road projects and payable from ad
170	170	valorem taxes may not exceed one-fourth of the assessed value of the
171	171	real property in the district.
172	172	SECTION 2. The Montgomery County Municipal Utility District
173	173	No. 138 initially includes all the territory contained in the
174	174	following area:
175	175	TRACT 1
176	176	Being all that certain tract or parcel of land containing
177	177	60.2044 acres of land situated in the Henry Applewhite Survey,
178	178	A-50, Conroe, Montgomery County, Texas, out of and a part of a
179	179	Called 120 acre tract described in Volume 188, Page 416, MCDR, said
180	180	60.2044 acres being more particularly described by metes and bounds
181	181	as follows, to wit:
182	182	BEGINNING at an Axle found for the Southeast corner of a
183	183	certain 35.213 acres of land cited Tract III conveyed by partition
184	184	deed to James W. Peoples, et ux described and recorded under
185	185	Clerk's File No. 9307782 of the Official Public Records of Real
186	186	Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres
187	187	out of and a part of a Called 120 acre tract conveyed in deed to
188	188	Surcy Peoples, et al described and recorded in Volume 188, Page 416
189	189	of Montgomery County Deed Records (MCDR) said 120 acre South line
190	190	located on the recognized Abstract division line between the Henry
191	191	Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640,
192	192	same Axle recognized by local surveyors as the Southeast corner of
193	193	the Applewhite Survey and the Northeast corner of said Whillden
194	194	Survey and the Northeast corner of a certain 15.950 acre parcel
195	195	conveyed to Marcus Koenig et al described and recorded under
196	196	C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The
197	197	Woodlands Windsor Lakes Section 5, subdivision map or plat thereof
198	198	recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records
199	199	(MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel
200	200	described in deed to John D. Hagerman et al recorded under
201	201	C.F. No. 2002-051022 and from whence a 1/2" iron rod found under
202	202	asphalt pavement along Peoples Road, for the Southwest corner of
203	203	said Called 120 acres and the Southwest corner of a certain 31.108
204	204	acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W
205	205	a distance of 4353.61 feet (Deed Call West 1511 Varas 188 / 416
206	206	MCDR) aforementioned tracts or parcels of land situated in the
207	207	Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas;
208	208	THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 &
209	209	Deed Call West 188 / 416 MCDR) departing said 35.213 acre
210	210	Southeast corner and along the South line of same, the South line of
211	211	aforementioned Called 120 acres and the North line of said Koenig
212	212	15.950 acre tract for a distance of 2175.79 feet to a 1/2" iron rod
213	213	found for the Southwest corner of said James W. Peoples, et ux
214	214	35.213 acres, the Southeast corner of said James W. Peoples, et ux
215	215	31.108 acre tract, same located on the Northeast corner of Koenig
216	216	Road (60 Ft. Road Easement 599 / 427 MCDR) for a Point on the South
217	217	line of the herein described tract;
218	218	THENCE N 89°55'36" W (Deed Call N.89°55'34"W. C.F. No. 9307782 &
219	219	Deed Call West 188 / 416 MCDR) continuing along said Koenig Road
220	220	North line and said 31.108 acre South line for a distance of 1771.34
221	221	feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found
222	222	for the Southwest corner of the herein described tract, same
223	223	situated on the North line of a certain 3.923 acre tract conveyed in
224	224	deed to Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT;
225	225	THENCE N 00°07'33" E departing said Koenig Road and the South
226	226	line of the 31.108 acre tract, severing same parcel for a distance
227	227	of 614.95 feet to a 1/2" iron rod with cap scribed 'SR ESTES RPLS
228	228	5631' found for the Northwest corner of the herein described tract
229	229	on the South line of a certain 32.524 acre tract cited Tract IV
230	230	conveyed by Partition Deed to Surcy L. Peoples, Jr., et ux
231	231	described and recorded under C.F. No. 9307782, OPRRPMCT;
232	232	THENCE S 89°55'29" E (Deed Call S.89°55'34"E. C.F. No. 9307782
233	233	OPRRPMCT) along the South line of aforementioned Peoples 32.524
234	234	acre Tract IV for a distance of 1770.18 feet to a 1/2" iron rod found
235	235	for the Southwest corner of a certain 33.006 acre parcel cited as
236	236	Tract V and described in same Partition Deed to Surcy L. Peoples,
237	237	Jr., et ux as recorded under C.F. No. 9307782, OPRRPMCT and the
238	238	Northwest corner of said 35.213 acre tract, for an inside corner on
239	239	the North line of the herein described tract;
240	240	THENCE S 89°55'29" E (Deed Call S.89°55'34"W.
241	241	C.F. No. 9307782) along the South line of aforesaid Peoples 33.006
242	242	acre Tract V for a distance of 891.58 feet to a 1/2" iron rod found
243	243	for an inside ell corner of said 35.213 acre tract, for an inside
244	244	ell corner of the herein described tract;
245	245	THENCE N 00°00'07" E (Deed Call North, 152.73'
246	246	C.F. No. 9307782) along a common inside line of aforementioned
247	247	35.213 acre and 33.006 acre parcels for a distance of 152.75 feet to
248	248	a 1/2" iron rod found for the upper Northwest corner of the herein
249	249	described tract;
250	250	THENCE S 89°55'34" E (Deed Call S.89°55'34"E., 1282.26'
251	251	C.F. No. 9307782) along a South line of aforesaid Tract V and the
252	252	North line of said 35.213 acre tract for a distance of 1283.39 feet
253	253	to a 1/2" iron rod found for the Northeast corner of the herein
254	254	described tract, same sited on the West boundary line of
255	255	aforementioned John D. Hagerman et al 56.9509 acre tract recorded
256	256	under C.F. No. 2002-051022, OPRRPMCT and from whence a 1/2" iron
257	257	rod found for the Northeast corner of said 120 acres, the Northeast
258	258	corner of aforesaid Tract V and the recognized Northeast corner of
259	259	the Applewhite Survey, A-50 bears N 00°02'47" W a distance of 594.05
260	260	feet (Deed Call N 00°05'33" W, 594.33' C.F. No. 9307782);
261	261	THENCE S 00°02'47" E (Deed Call South, 188 / 416 MCDR) along
262	262	the common East line of aforesaid 35.213 acres and the Residue of
263	263	said 56.9509 acre tract for a distance of 767.59 feet to the
264	264	Southeast corner and POINT OF BEGINNING of the herein described
265	265	tract, in all containing 60.2044 acres (2,622,504 square feet) of
266	266	land, more or less.
267	267	TRACT 2
268	268	Being all that certain tract or parcel of land containing
269	269	9.0719 acres of land situated in the Henry Applewhite Survey, A-50,
270	270	Conroe, Montgomery County, Texas, out of and a part of a Called 120
271	271	acre tract described in Volume 188, Page 416, MCDR, said 9.0719
272	272	acres being more particularly described by metes and bounds as
273	273	follows, to wit:
274	274	BEGINNING at a 1/2" iron rod found under asphalt pavement for
275	275	the Southwest corner of a certain 31.108 acres of land cited Tract
276	276	II, conveyed by Partition Deed to James W. Peoples, et ux described
277	277	and recorded under Clerk's File No. 9307782 of the Official Public
278	278	Records of Real Property of Montgomery County, Texas (OPRRPMCT),
279	279	same 31.108 acres out of and a part of a Called 120 acre tract
280	280	conveyed in deed to Surcy Peoples, et al described and recorded in
281	281	Volume 188, Page 416 of Montgomery County Deed Records (MCDR) said
282	282	120 acre South line located on the recognized Abstract division
283	283	line between the Henry Applewhite Survey, A-50 and the Daniel
284	284	F. Whillden Survey, A-640, same located within the used and
285	285	occupied right-of-way of Peoples Road and from whence an axle found
286	286	for the Southeast corner of said Called 120 acres, the recognized
287	287	Southeast corner of the Applewhite Survey bears S 89°55'36" E a
288	288	distance of 4353.61 feet ( Deed Call East 1511 Varas 188 / 416 MCDR)
289	289	aforementioned tracts or parcels of land situated in the Henry
290	290	Applewhite Survey, A-50, Conroe, Montgomery County, Texas;
291	291	THENCE N 00°09'09" E (Deed Call North 188 / 416 MCDR) along the
292	292	West line of said 31.108 acre tract, the West line of said Called
293	293	120 acre Peoples tract and at a distance of 666.91 feet passing a PK
294	294	nail in asphalt pavement for the Southwest corner of a certain
295	295	0.8665 of one acre parcel described in deed to James W. Peoples
296	296	recorded under C.F. No. 9137919, OPRRPMCT and from whence a Texas
297	297	Forest Service brass spike found in asphalt pavement bears N
298	298	00°08'55" W a distance of 1.58 feet, continuing for a total distance
299	299	of 1084.14 feet to a PK nail found in asphalt pavement for the
300	300	Northwest corner of the herein described tract, same being the
301	301	Northwest corner of a certain 2.09 acre tract described in deed to
302	302	James W. Peoples and recorded in Vol. 786, Pg. 47, MCDR and the
303	303	Southwest corner of a 2.09 acre tract described in deed to Surcy
304	304	L. Peoples, Jr. recorded in Vol. 806, Pg. 248 and from whence a 60D
305	305	nail found for the Northwest corner of same parcel bears N 00°09'09"
306	306	E a distance of 295.27 feet;
307	307	THENCE S 89°56'29" E (Deed Call S.89°56'47"E., 309.55' 786 / 47
308	308	MCDR) departing said Called 120 acre West line, along the North line
309	309	of said James W. Peoples 2.09 acre tract, the South line of said
310	310	Surcy L. Peoples, Jr. 2.09 acre parcel for a distance of 309.54 feet
311	311	to a 1-1/4" iron pipe found in the West line of a certain 32.524 acre
312	312	tract cited Tract IV conveyed by Partition Deed to Surcy
313	313	L. Peoples, Jr., et ux described and recorded under
314	314	C.F. No. 9307782, OPRRPMCT, for the upper Northeast corner of the
315	315	herein described tract;
316	316	THENCE S 00°07'32" W (Deed Call S.00°07'10"W. C.F.
317	317	No. 9307782) along the West line of said Peoples 32.524 acre parcel
318	318	for a distance of 469.27 feet to a 1/2" iron rod found for the
319	319	Southwest corner of same tract and an inside ell corner of
320	320	aforementioned James W. Peoples, et ux 31.108 acres, for an ell
321	321	corner of the herein described tract;
322	322	THENCE S 89°55'29" E (Deed Call S.89°55'34"W. C.F.
323	323	No. 9307782) along the South line of said Peoples 32.524 acre
324	324	parcel, the North line of said James W. Peoples, et ux 31.108 acres
325	325	for a distance of 96.43 feet to a 1/2" iron rod with cap scribed 'SR
326	326	ESTES RPLS 5631' found for the lower Northeast corner of the herein
327	327	described tract and from whence a 1/2" iron rod found for the
328	328	Northeast corner of said 31.108 acre parcel bears S 89°55'29" E a
329	329	distance of 1770.18 feet;
330	330	THENCE S 00°07'33" W departing said 31.108 acre tract North
331	331	line and severing same parcel for a distance of 614.95 feet to a
332	332	1/2" iron rod with cap scribed 'SR ESTES RPLS 5631' found for the
333	333	Southeast corner of the herein described tract, same situated on
334	334	the North line of a certain 3.923 acre tract conveyed in deed to
335	335	Cecil A Koenig, recorded under C.F. No. 9720350, OPRRPMCT and
336	336	located on the North line of Koenig Road (60 Ft. Road Easement 599 /
337	337	427 MCDR);
338	338	THENCE N 89°55'36" W along the North line of said Koenig Road
339	339	for a distance of 406.48 feet to the Southwest corner and POINT OF
340	340	BEGINNING of the herein described tract, in all containing 9.0719
341	341	acres (395,173 square feet) of land, more or less.
342	342	TRACT 3
343	343	Being all that certain tract or parcel of land containing
344	344	32.9958 acres of land situated in the Henry Applewhite Survey,
345	345	A-50, Conroe, Montgomery County, Texas, out of and a part of a
346	346	Called 120 acre tract described in Volume 188, Page 416, MCDR, said
347	347	32.9958 acres being more particularly described by metes and bounds
348	348	as follows, to wit:
349	349	COMMENCING at an Axle found for the Southeast corner of a
350	350	certain 35.213 acres of land cited Tract III conveyed by partition
351	351	deed to James W. Peoples, et ux described and recorded under
352	352	Clerk's File No. 9307782 of the Official Public Records of Real
353	353	Property of Montgomery County, Texas (OPRRPMCT), same 35.213 acres
354	354	out of and a part of a Called 120 acre tract conveyed in deed to
355	355	Surcy Peoples, et al described and recorded in Volume 188, Page 416
356	356	of Montgomery County Deed Records (MCDR) said 120 acre South line
357	357	located on the recognized Abstract division line between the Henry
358	358	Applewhite Survey, A-50 and the Daniel F. Whillden Survey, A-640,
359	359	same Axle recognized by local surveyors as the Southeast corner of
360	360	the Applewhite Survey and the Northeast corner of said Whillden
361	361	Survey and the Northeast corner of a certain 15.950 acre parcel
362	362	conveyed to Marcus Koenig et al described and recorded under
363	363	C.F. No. 2001-096958, OPRRPMCT, the Northwest corner of The
364	364	Woodlands Windsor Lakes Section 5, subdivision map or plat thereof
365	365	recorded in Cabinet 'U', Sheet 19 of Montgomery County Map Records
366	366	(MCMR), the Southwest corner of the Residue of a 56.9509 acre parcel
367	367	described in deed to John D. Hagerman et al recorded under
368	368	C.F. No. 2002-051022 and from whence a 1/2" iron rod found under
369	369	asphalt pavement along Peoples Road, for the Southwest corner of
370	370	said Called 120 acres and the Southwest corner of a certain 31.108
371	371	acre tract cited as Tract II (C.F. No. 9307782) bears N 89°55'36" W
372	372	a distance of 4,353.61 feet (Deed Call West 1511 Varas 188 / 416
373	373	MCDR) aforementioned tracts or parcels of land situated in the
374	374	Henry Applewhite Survey, A-50, Conroe, Montgomery County, Texas;
375	375	THENCE N 00°02'47" W (Deed Call North 188 / 416 MCDR)
376	376	departing said 35.213 acre Southeast corner and along the East line
377	377	of same, the East line of aforementioned Called 120 acres same being
378	378	the West boundary line of aforementioned John D. Hagerman, et al
379	379	parcel for a distance of 767.59 feet to a 1/2" iron rod found for the
380	380	Southeast corner of a certain Called 33.006 acre tract cited as
381	381	Tract V conveyed in a deed to Surcy L. Peoples, Jr., et ux recorded
382	382	under C.F. No. 9307782, OPRRPMCT same monument being the Southeast
383	383	corner and POINT OF BEGINNING of the herein described tract;
384	384	THENCE N 89°55'34" W (Deed Call N.89°55'34"W., 1282.26'
385	385	C.F. No. 9307782 & Deed Call West 188 / 416 MCDR) along the South
386	386	line of aforesaid Peoples Called 33.006 acre parcel, the occupied
387	387	North line of said Peoples 35.213 acre tract for a distance of
388	388	1,283.39 feet to a 1/2" iron rod found for an inside ell corner of
389	389	the herein described tract;
390	390	THENCE S 00°00'07" W (Deed Call South, 152.73'
391	391	C.F. No. 9307782 OPRRPMCT) along an inside boundary line of
392	392	aforementioned Peoples Called 33.006 acre parcel, an inside line of
393	393	the said Peoples 35.213 acre tract for a distance of 152.75 feet to
394	394	a 1/2" iron rod found for an inside ell corner of the herein
395	395	described tract;
396	396	THENCE N 89°55'29" W (Deed Call N.89°55'34"W., 891.90'
397	397	C.F. No. 9307782 OPRRPMCT) continuing along an inside boundary
398	398	line of said Tract V, an inside line of aforesaid Peoples 35.213
399	399	acre parcel for a distance of 891.58 feet to a 1/2" iron rod found
400	400	for the Southeast corner of a certain Called 32.524 acre tract
401	401	conveyed in a deed to Surcy L. Peoples, Jr., et ux cited as Tract IV
402	402	recorded under the same C.F. No. 9307782, OPRRPMCT for the
403	403	Southwest corner of the herein described tract;
404	404	THENCE N 00°01'04" E (Deed Call N.00°05'33"W., 755.70'
405	405	C.F. No. 9307782 OPRRPMCT) along the East line of aforesaid Tract
406	406	IV and the West boundary line of said Tract V, for a distance of
407	407	755.34 feet to the South occupied margin of an unimproved road cited
408	408	as Johnson-Martin Road (no right-of-way width or dedication found
409	409	of record) an angle iron fence post corner found for the occupied
410	410	Northwest corner of the herein described tract same being an inside
411	411	Southerly boundary line of a portion of the Jones State Forest, a
412	412	216.10 acre parcel cited as the First Tract, conveyed in a deed to
413	413	the State of Texas / Texas A&M University as recorded in Volume 118,
414	414	Page 375 MCDR and from whence a 1/2" iron rod found bears N 00°01'04"
415	415	E a distance of 0.19 feet;
416	416	THENCE S 89°42'01" E (Deed Call S.89°55'34"E.
417	417	C.F. No. 9307782 OPRRPMCT Deed Call N.87°14'53"E. 118 / 375 MCDR)
418	418	along a South boundary line of aforesaid 216.10 acre First Tract
419	419	for a distance of 2,174.29 feet to a 1/2" iron rod found for the
420	420	Northeast corner of the herein described tract same sited on the
421	421	South right-of-way line of Schoettle Road (35 Ft. R.O.W.) as
422	422	recorded in Cabinet Y, Sheet 56 of Montgomery County Map Records
423	423	(MCMR) same point being the Northwest corner of a certain 3.9944
424	424	acre tract conveyed in a deed to Kenneth Earl Guinn and Evelyn
425	425	Eugenia Martin recorded under C.F. No. 2002-051022, OPRRPMCT;
426	426	THENCE S 00°02'46" E (Deed Call S 00°05'33" E, 594.33'
427	427	C.F. No. 9307782 Deed Call S 00°07'12" E, C.F. No. 2002-051022
428	428	OPRRPMCT Deed Call South, 188 / 416 MCDR) along the common East
429	429	line of aforesaid Surcy Peoples, Jr., et ux Tract V and the West
430	430	boundary of aforesaid 3.9944 acre tract for a distance of 594.05
431	431	feet to the Southeast corner and POINT OF BEGINNING of the herein
432	432	described tract, in all containing 32.9958 acres (1,437,299 square
433	433	feet) of land, more or less.
434	434	TRACT 4
435	435	Being all that certain tract or parcel of land containing
436	436	54.2960 acres of land situated in the Thomas Toby Survey, A-576,
437	437	(Edward Hall Survey, A-576), Conroe, Montgomery County, Texas and
438	438	being the Residue of a certain 56.9509 acre tract conveyed in
439	439	Warranty Deed from Kenneth Earl Guinn and Evelyn Eugenia Martin to
440	440	John D. Hagerman and wife, Linda L. Hagerman and Ronald R. Byrd and
441	441	wife, Martha Byrd, described and recorded under Clerk's File
442	442	No. 2002-051022 of the Official Public Records of Real Property of
443	443	Montgomery County, Texas (OPRRPMCT) and being the same parent tract
444	444	of land resurveyed as 56.9659 acres of land by Steven Ray Estes,
445	445	RPLS No. 5631 on August 22, 2006 and being that same parcel or tract
446	446	of land called 58.4 acres conveyed to Ernest Guinn et ux by deed
447	447	recorded in Volume 220, Page 84 of Montgomery County Deed Records
448	448	(MCDR) and being further out of Block No. 6 of the R. H. John
449	449	Subdivision of the 'Edward Hall Two Surveys', described and
450	450	recorded in Vol. 14, Pg. 579, MCDR and Volume 1, Page 6 of
451	451	Montgomery County Map Records (MCMR), aforementioned properties
452	452	situated in the Thomas Toby Survey, A-576, (Edward Hall Survey,
453	453	A-576) said 54.2960 acres being more particularly described by
454	454	metes and bounds as follows:
455	455	BEGINNING at a 1/2" iron rod with cap found for the southeast
456	456	corner of a certain 1.2925 acre parcel of land conveyed to the City
457	457	of Conroe from John D. Hagerman and wife, Linda L. Hagerman, and
458	458	Martha Byrd, Individually and as the Independent Administrator of
459	459	the Estate of Ronald R. Byrd, Deceased, cited as Tract 1 Guinn Road
460	460	Extension described and recorded under C.F. No. 2006-122795,
461	461	OPRRPMCT, same sited on the east line of aforementioned 56.9509
462	462	acre Hagerman et al tract, the east line of a 40 Ft. Roadway
463	463	described in 14 / 579, MCDR and 1 / 6, MCMR and the west line of a
464	464	certain 17.308 acre parcel conveyed to Western Rim Investors
465	465	2002-1, L.P. described and recorded under C.F. No. 2002-063325,
466	466	OPRRPMCT and from whence a 1/2" iron rod found for the northeast
467	467	corner of said Hagerman et al 56.9509 acres bears N 00°32'59" W a
468	468	distance of 35.00 feet, and located 4.26 feet Southeast from the
469	469	occupied north line of Guinn Road (No Dedicated R.O.W. Found of
470	470	Record), for the northeast corner of the herein described tract;
471	471	THENCE S 00°32'59" E (Deed Call S.00°33'10"E.
472	472	C.F. No. 2002-051022 OPRRPMCT) along the east line of
473	473	aforementioned Hagerman et al 56.9659 acre tract and west line of
474	474	said Western Rim Investors 2002-1, L.P. parcel and east line of the
475	475	40 Ft. Roadway for a distance of 1311.74 feet to a 5/8" iron rod
476	476	found for the southeast corner of the 56.9659 acres and sited on the
477	477	north line of a certain Residue of 3888.76 acres conveyed to
478	478	Woodlands Land Development, L.P. described under C.F. No. 9747722,
479	479	OPRRPMCT and situated on the Abstract division line of the Thomas
480	480	Toby Survey, A-576 and the James McCambridge Survey, A-390, for the
481	481	southeast corner of the herein described tract;
482	482	THENCE S 89°42'01" W (Deed Call S.89°41'03"W., 1965.38'
483	483	C.F. No. 2002-051022) along the south line of aforementioned
484	484	Hagerman et al 56.9659 acre tract and the south line of the Thomas
485	485	Toby Survey, A-576 for a distance of 1965.35 feet to an axle found
486	486	for the northwest corner of The Woodlands Windsor Lakes Section 5,
487	487	map or plat thereof recorded in Cabinet 'U', Sheet 19 of Montgomery
488	488	County Map Records (MCMR), the northeast corner of a certain 15.950
489	489	acre tract conveyed in deed to Cecil A. Koenig described and
490	490	recorded in 599 / 407, MCDR, the southeast corner of the James
491	491	W. Peoples 35.213 acre tract described under C.F. No. 9307782,
492	492	OPRRPMCT, the common southwest corner of aforementioned Hagerman et
493	493	al 56.9659 acres and the herein described tract, said axle
494	494	recognized by cartographers and accepted by local surveyors as the
495	495	Four Corners of the James McCambridge Survey, A-390, the Daniel
496	496	F. Whildon Survey, A-640, the Henry Applewhite Survey, A-50 and the
497	497	Thomas Toby Survey, A-576;
498	498	THENCE N 00°10'28" W (Deed Call N.00°11'26"E., 861.45'
499	499	C.F. No. 2002-051022) departing said Four Corners axle and along
500	500	the east line of said Peoples 35.213 acre tract and west line of
501	501	said Hagerman 56.9659 acres for a distance of 861.64 feet to a 60D
502	502	nail found for the lower northwest corner of the herein described
503	503	tract of land, same being the southwest corner of a 3.9944 acre
504	504	Out-Tract parcel described by metes and bounds to Kenneth Earl
505	505	Guinn and Evelyn Eugenia Martin (herein cited as the Guinn-Martin
506	506	tract) under aforementioned C.F. No. 2002-051022, same 60D nail
507	507	sited on the east line of a certain 33.006 acre tract conveyed in
508	508	deed to Surcy L. Peoples described under C.F. No. 9307782,
509	509	OPRRPMCT;
510	510	THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 348.00'
511	511	C.F. No. 2002-051022) along an inside line of said Hagerman 56.9659
512	512	acre parcel and south line of said Guinn-Martin tract for a distance
513	513	of 348.00 feet to a 1/2" iron rod found for the southeast corner of
514	514	same 3.9944 acre tract and an inside corner of the herein described
515	515	tract;
516	516	THENCE N 00°10'28" W (Deed Call N.00°11'26"E.
517	517	C.F. No. 2002-051022) along the east line of aforementioned
518	518	Guinn-Martin tract and upper west line of said 56.9659 acre parcel
519	519	and at a distance of 82.16 feet crossing the south line of a Called
520	520	4.00 acre tract described in 960 / 554, MCDR to Evelyn Eugenia
521	521	Martin and husband, Eugene L. Martin continuing for a total
522	522	distance of 165.00 feet to a 5/8" iron rod with cap found for the
523	523	southwest corner of a certain 1.3774 acre tract cited as Tract 2
524	524	(Water Well Site) conveyed to the City of Conroe described under
525	525	C.F. No. 2006-122795, OPRRPMCT, for an inside corner of the herein
526	526	described tract;
527	527	THENCE S 89°51'47" E (Deed Call S.89°51'47"E., 200.00'
528	528	C.F. No. 2006-122795) departing aforementioned 3.9944 acre east
529	529	line and upper west line of the Hagerman et al 56.9659 acre parcel
530	530	and along the south line of the City of Conroe 1.3774 acres for a
531	531	distance of 200.00 feet to a 5/8" iron rod with cap found for the
532	532	southeast corner of same 1.3774 acres, for an inside corner of the
533	533	herein described tract;
534	534	THENCE N 00°10'28" W (Deed Call N.00°11'26"W., 300.00'
535	535	C.F. No. 2006-122795) along the east line of aforementioned City of
536	536	Conroe 1.3774 acre tract for a distance of 300.00 feet to a 5/8"
537	537	iron rod with cap found for the northeast corner of same 1.3774
538	538	acres and sited on the south line of aforementioned City of Conroe
539	539	1.2925 acre Tract 1 (Guinn Road Extension) for the upper northwest
540	540	corner of the herein described tract;
541	541	THENCE S 89°51'47" E (Deed Call S.89°51'47"E.
542	542	C.F. No. 2006-122795) along the south line of said City of Conroe
543	543	1.2925 acre Tract 1 for a distance of 1408.79 feet to the northeast
544	544	corner and POINT OF BEGINNING of the herein described tract, in all
545	545	containing 54.2960 acres (2,365,136 square feet) of land, more or
546	546	less.
547	547	SECTION 3. (a) The legal notice of the intention to
548	548	introduce this Act, setting forth the general substance of this
549	549	Act, has been published as provided by law, and the notice and a
550	550	copy of this Act have been furnished to all persons, agencies,
551	551	officials, or entities to which they are required to be furnished
552	552	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
553	553	Government Code.
554	554	(b) The governor, one of the required recipients, has
555	555	submitted the notice and Act to the Texas Commission on
556	556	Environmental Quality.
557	557	(c) The Texas Commission on Environmental Quality has filed
558	558	its recommendations relating to this Act with the governor, the
559	559	lieutenant governor, and the speaker of the house of
560	560	representatives within the required time.
561	561	(d) All requirements of the constitution and laws of this
562	562	state and the rules and procedures of the legislature with respect
563	563	to the notice, introduction, and passage of this Act are fulfilled
564	564	and accomplished.
565	565	SECTION 4. (a) If this Act does not receive a two-thirds
566	566	vote of all the members elected to each house, Subchapter C, Chapter
567	567	8422, Special District Local Laws Code, as added by Section 1 of
568	568	this Act, is amended by adding Section 8422.106 to read as follows:
569	569	Sec. 8422.106. NO EMINENT DOMAIN POWER. The district may
570	570	not exercise the power of eminent domain.
571	571	(b) This section is not intended to be an expression of a
572	572	legislative interpretation of the requirements of Subsection (c),
573	573	Section 17, Article I, Texas Constitution.
574	574	SECTION 5. This Act takes effect immediately if it receives
575	575	a vote of two-thirds of all the members elected to each house, as
576	576	provided by Section 39, Article III, Texas Constitution. If this
577	577	Act does not receive the vote necessary for immediate effect, this
578	578	Act takes effect September 1, 2013.