By: Metcalf (Senate Sponsor - Creighton) H.B. No. 4127
(In the Senate - Received from the House April 27, 2015;
May 4, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 13, 2015, reported favorably by
the following vote: Yeas 6, Nays 0; May 13, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Foster Municipal Utility District
No. 1 of Montgomery County; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7926 to read as follows:
CHAPTER 7926. FOSTER MUNICIPAL UTILITY DISTRICT NO. 1 OF
MONTGOMERY COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7926.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Foster Municipal Utility
District No. 1 of Montgomery County.
Sec. 7926.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7926.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7926.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7926.003
until each municipality in whose corporate limits the district is
located has consented by ordinance or resolution to the creation of
the district and to the inclusion of land in the district.
Sec. 7926.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7926.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7926.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7926.052, directors serve
staggered four-year terms.
Sec. 7926.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2015, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7926.003; or
(2) September 1, 2019.
(c) If permanent directors have not been elected under
Section 7926.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7926.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7926.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7926.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7926.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7926.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits the road project is located.
(b) If a road project is not located in the corporate limits
of a municipality, the road project must meet all applicable
construction standards, subdivision requirements, and regulations
of each county in which the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7926.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 7926.106. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7926.003 to confirm the creation of the district and before or after
an election under Section 7926.151 to authorize the issuance of
bonds.
(f) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7926.003.
(i) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7926.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7926.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7926.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7926.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7926.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7926.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7926.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7926.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Foster Municipal Utility District No. 1 of
Montgomery County initially includes all the territory contained in
the following area:
Being 3,411.960 acres of land located in the Jose Maria De La
Garza Survey, Abstract Number 15 and the Cyrus Dikeman Survey,
Abstract Number 179, Montgomery County, Texas, being the apparent
remainder of those certain tracts described as "Part II, Tracts 7-1
and 8" conveyed Foster Timber, LTD by the instrument of record dated
February 17, 1995 recorded under File Number 9509573 in the
Official Public Records of Real Property of Montgomery County,
Texas (M.C.O.P.R.R.P.), said Part II, Tract 7-1 the called residue
of 8,437.836 acres, and said Part II, Tract 8 called 100 acres, said
3,411.960 acres being more particularly described by metes and
bounds in two parts as follows, all bearings are assumed:
PART ONE (Residue of Part II, Tract 7-1)
BEGINNING at a point for the southeast corner of that certain
called 68.1929 acre tract conveyed to Texas Campgrounds by an
instrument of record in Volume 720, Page 683, of the Deed Records of
said Montgomery County, Texas, (M.C.D.R.), also being on the south
line of said Jose Maria De La Garza Survey;
Thence, North 28° 21' 09" West, along the northeasterly line
of said 68.1929 acre tract, 843.66 feet to a point for the northeast
corner of said 68.1929 acre tract;
Thence, South 61° 50' 25" West, along the northwesterly line
of said 68.1929 acre tract, 1,828.58 feet to a point for an easterly
corner of that certain called 435.81 acre tract conveyed to The
Moran Corporation by an instrument of record in Volume 485, Page
196, M.C.D.R;
Thence, in a northwesterly direction along the easterly lines
of said 435.81 acre tract the following three (3) courses:
1. North 28° 50' 18" West, 1,799.69 feet to a point for
corner;
2. South 62° 13' 59" West, 525.34 feet to a point for corner;
3. North 13° 10' 49" West, 1,929.69 feet to a point for
corner on the south line of that certain called 136.894 acre tract
conveyed to John W. Holland by an instrument of record in File
Number 2005-087670, M.C.O.P.R.R.P;
Thence, North 86° 12' 25" East, along the south line of said
136.894 acre tract, 1,645.13 feet to a point for the southeast
corner of said 136.894 acre tract;
Thence, along the easterly lines of said 136.894 acre tract
the following three (3) courses:
1. North 03° 52' 16" West, 558.48 feet to a point for corner;
2. South 86° 47' 18" West, 1,360.46 feet to a point for
corner;
3. North 24° 26' 20" West, 139.17 feet to a point for corner,
said point being on the easterly line of the residue of that certain
called 200.493 acre tract conveyed to Cliff Robert Weisinger and
Michael Scott Weisinger by an instrument of record in File Number
9444915, M.C.O.P.R.R.P., said point also being on the centerline of
Angling Branch;
Thence, in a northeasterly direction meandering along the
easterly lines of said 200.493 acre tract and the centerline of said
Angling Branch the following eighty (80) courses and distances:
1. North 16° 08' 08" East, 101.40 feet to a point for corner;
2. North 29° 04' 08" East, 149.90 feet to a point for corner;
3. North 59° 38' 08" East, 173.20 feet to a point for corner;
4. North 72° 39' 08" East, 37.90 feet to a point for corner;
5. North 21° 36' 08" East, 94.10 feet to a point for corner;
6. North 31° 27' 08" East, 99.20 feet to a point for corner;
7. North 85° 26' 08" East, 107.20 feet to a point for corner;
8. North 33° 07' 08" East, 108.80 feet to a point for corner;
9. North 57° 51' 08" East, 118.10 feet to a point for corner;
10. North 27° 08' 08" East, 61.70 feet to a point for corner;
11. North 77° 13' 08" East, 77.50 feet to a point for corner;
12. South 80° 04' 52" East, 62.70 feet to a point for corner;
13. South 58° 32' 52" East, 30.80 feet to a point for corner;
14. North 64° 49' 08" East, 37.00 feet to a point for corner;
15. South 59° 49' 52" East, 67.90 feet to a point for corner;
16. North 42° 12' 08" East, 64.30 feet to a point for corner;
17. South 50° 11' 52" East, 54.30 feet to a point for corner;
18. South 20° 40' 52" East, 48.30 feet to a point for corner;
19. North 53° 28' 08" East, 104.80 feet to a point for
corner;
20. South 74° 50' 52" East, 40.30 feet to a point for corner;
21. South 46° 23' 52" East, 27.60 feet to a point for corner;
22. North 61° 30' 08" East, 61.60 feet to a point for corner;
23. North 02° 10' 52" West, 43.30 feet to a point for corner;
24. South 80° 16' 52" East, 21.60 feet to a point for corner;
25. South 16° 04' 52" East, 49.50 feet to a point for corner;
26. North 54° 05' 08" East, 29.40 feet to a point for corner;
27. South 85° 55' 52" East, 40.60 feet to a point for corner;
28. South 45° 09' 52" East, 37.00 feet to a point for corner;
29. North 62° 40' 08" East, 110.20 feet to a point for
corner;
30. South 58° 32' 52" East, 31.90 feet to a point for corner;
31. North 50° 27' 08" East, 39.30 feet to a point for corner;
32. South 85° 50' 52" East, 35.50 feet to a point for corner;
33. North 83° 37' 08" East, 63.00 feet to a point for corner;
34. North 41° 59' 08" East, 45.40 feet to a point for corner;
35. North 15° 22' 52" West, 36.90 feet to a point for corner;
36. North 24° 41' 52" West, 24.80 feet to a point for corner;
37. North 84° 59' 08" East, 46.00 feet to a point for corner;
38. North 30° 04' 52" West, 44.90 feet to a point for corner;
39. North 73° 01' 08" East, 49.30 feet to a point for corner;
40. North 06° 47' 52" West, 65.60 feet to a point for corner;
41. South 85° 01' 52" East, 51.30 feet to a point for corner;
42. North 32° 23' 52" West, 57.40 feet to a point for corner;
43. North 82° 47' 08" East, 66.70 feet to a point for corner;
44. North 28° 01' 08" East, 34.10 feet to a point for corner;
45. North 60° 43' 08" East, 38.70 feet to a point for corner;
46. North 73° 43' 08" East, 47.50 feet to a point for corner;
47. North 27° 39' 52" West, 33.40 feet to a point for corner;
48. North 44° 53' 08" East, 26.30 feet to a point for corner;
49. North 05° 18' 52" West, 23.10 feet to a point for corner;
50. North 54° 58' 08" East, 34.00 feet to a point for corner;
51. South 45° 19' 52" East, 41.50 feet to a point for corner;
52. North 28° 32' 08" East, 42.20 feet to a point for corner;
53. South 58° 32' 52" East, 31.70 feet to a point for corner;
54. North 36° 22' 08" East, 47.00 feet to a point for corner;
55. North 35° 23' 52" West, 53.90 feet to a point for corner;
56. North 72° 21' 08" East, 66.70 feet to a point for corner;
57. North 10° 57' 52" West, 78.70 feet to a point for corner;
58. North 17° 16' 52" West, 64.60 feet to a point for corner;
59. North 41° 33' 52" West, 89.70 feet to a point for corner;
60. North 64° 44' 08" East, 35.50 feet to a point for corner;
61. South 70° 09' 52" East, 36.70 feet to a point for corner;
62. North 18° 53' 52" West, 58.30 feet to a point for corner;
63. North 33° 44' 08" East, 74.90 feet to a point for corner;
64. North 33° 43' 52" West, 37.00 feet to a point for corner;
65. North 68° 56' 08" East, 39.80 feet to a point for corner;
66. North 06° 33' 08" East, 68.80 feet to a point for corner;
67. North 39° 45' 08" East, 34.90 feet to a point for corner;
68. North 27° 23' 52" West, 33.90 feet to a point for corner;
69. North 44° 35' 08" East, 53.20 feet to a point for corner;
70. North 08° 20' 52" West, 40.30 feet to a point for corner;
71. North 77° 58' 08" East, 30.30 feet to a point for corner;
72. North 08° 24' 52" West, 36.10 feet to a point for corner;
73. North 68° 47' 08" East, 97.40 feet to a point for corner;
74. North 17° 08' 08" East, 47.80 feet to a point for corner;
75. South 48° 45' 52" East, 35.40 feet to a point for corner;
76. North 40° 49' 08" East, 101.60 feet to a point for
corner;
77. South 61° 32' 52" East, 21.20 feet to a point for corner;
78. North 44° 31' 08" East, 67.80 feet to a point for corner;
79. South 88° 37' 52" East, 26.30 feet to a point for corner;
80. North 01° 05' 52" West, 21.00 feet to a point for the
southwest corner of that certain called 9.81 acre tract conveyed to
Leonard J. Decker and Donna M. Decker by an instrument of record in
Volume 985, Page 278, M.C.D.R.;
Thence, North 58° 00' 17" East, along the southerly line of
said 9.81 acre tract, 835.83 feet to an angle point in the southerly
line of said 9.81 acre tract;
Thence, North 88° 01' 07" East, along the southerly line of
said 9.81 acre tract, the south line of that certain called 2.884
acre tract conveyed to Lloyd W. McGee and Holly T. McGee by an
instrument of record in File Number 2005-056892, M.C.O.P.R.R.P.,
and the south line of that certain called 2.133 acre tract conveyed
to Joseph Foxworth by an instrument of record in File Number
2009-031282, M.C.O.P.R.R.P., 1,265.86 feet to a point for the
southeast corner of said 2.133 acre tract, said point being on the
west line of that certain called 16.622 acre tract conveyed to
Phillip Montandon by an instrument of record in File Number
2005-060480, M.C.O.P.R.R.P.;
Thence, South 02° 46' 56" East, along the west line of said
16.622 acre tract, 700.03 feet to a point for the southwest corner
of said 16.622 acre tract;
Thence, North 86° 54' 45" East, along the south line of said
16.622 acre tract, 894.34 feet to a point for the southeast corner
of said 16.622 acre tract;
Thence, North 03° 46' 41" West, along the east line of said
16.622 acre tract, the east right-of-way line of Jack Gibbs Road
(called 60 feet wide) and its extension along the east line of that
certain called 9.82 acre tract conveyed to Richard L. Miller by an
instrument of record under File Number 2003-072598,
M.C.O.P.R.R.P., 5,358.20 feet to a point for the southwest corner
of that certain called 20.00 acre tract conveyed to Pete McCrorey
A/K/A Cleo McCrorey and Stella Mae McCrorey by an instrument of
record in File Number 2012031644, Official Public Records of said
Montgomery County, Texas, (M.C.O.P.R.);
Thence, North 87° 02' 38" East, along the south line of said
20.00 acre tract, 1,620.00 feet to a point for the southeast corner
of said 20.00 acre tract, said point being on the west line of that
certain called 57.4 acre tract conveyed to Bryant Timber
Investments LLC by an instrument of record in File Number
2007-120647, M.C.O.P.R.R.P.;
Thence, South 02° 34' 37" East, along the west line of said
57.4 acre tract, 408.55 feet to a point for the southwest corner of
said 57.4 acre tract;
Thence, North 87° 25' 23" East, along the southerly line of
said 57.4 acre tract, 1,319.45 feet to a point for the southeast
corner of said 57.4 acre tract;
Thence, North 02° 34' 37" West, along a east line of said 57.4
acre tract, 1,222.23 feet to a point for corner;
Thence, North 34° 33' 23" West, along the northeasterly line
of said 57.4 acre tract, 1,018.46 feet to a point for corner;
Thence, South 87° 53' 36" West, along the north line of said
57.4 acre tract, 641.31 feet to a point for corner, being the
southerly most northeast corner of that certain called 48.0759 acre
tract conveyed to Clayton McCrorey by an instrument of record in
File Number 2012031643, M.C.O.P.R.;
Thence, along the northerly lines of said 48.0759 acre tract
the following four (4) courses:
1. North 03° 11' 24" West, 602.83 feet to a point for corner;
2. South 85° 54' 58" West, 632.60 feet to a point for corner;
3. South 03° 12' 14" East, 610.17 feet to a point for corner;
4. South 85° 15' 06" West, 1,001.50 feet to a point for the
northwest corner of said 48.0759 acre tract, said point being on the
east line of that certain called 41.708 acre tract (described as
Tract 1) conveyed to Clayton T. McCrorey by an instrument of record
in File Number 2008-028975, M.C.O.P.R.R.P.;
Thence, North 02° 09' 22" East, along the east line of said
41.708 acre tract, 41.59 feet to a point for the northeast corner of
said 41.708 acre tract;
Thence, South 87° 12' 53" West, along the north line of said
41.708 acre tract, 1,198.70 feet to a point for the northwest corner
of said 41.708 acre tract;
Thence, South 02° 03' 51" East, along the west line of said
41.708 acre tract, 1,604.85 feet to a point for the southwest corner
of said 41.708 acre tract, the northwest corner of that certain
called 3.7 acre tract (described as Tract II) conveyed to Clayton T.
McCrorey by an instrument of record in File Number 2008-028975,
M.C.O.P.R.R.P., and on a north line of that certain called 172.890
acre tract described in Volume 674, Page 373, M.C.D.R., said
172.890 acre tract subsequently partitioned;
Thence, South 86° 13' 19" West, along the north line of said
172.890 acre tract, 2,333.33 feet to a point for the northwest
corner of said 172.890 acre tract;
Thence, South 03° 46' 41" East, along the west line of said
172.890 acre tract, at 2157.55 feet pass the southwest corner of
said 172.890 acre tract, same being the most easterly northwest
corner that certain called 300.13 acre tract conveyed to LMD
Investments Limited Partnership by an instrument of record in File
Number 2007-144495, M.C.O.P.R.R.P., in all a total distance of
2,944.44 feet to a point for corner;
Thence, in a northerly and westerly direction along the north
and west lines of said 300.13 acre tract the following six (6)
courses:
1. South 86° 13' 19" West, 1,069.44 feet to a point for
corner;
2. North 03° 46' 41" West, 2,208.33 feet to a point for
corner;
3. South 86° 13' 19" West, 2,416.66 feet to a point for
corner;
4. North 03° 46' 41" West, 2,319.44 feet to a point for
corner;
5. North 86° 13' 19" East, 555.55 feet to a point for corner;
6. North 03° 40' 50" West, 888.89 feet to a point for the
southwest corner of that certain called 3.350 acre tract conveyed
to William Quinlan and Patricia Quinlan by an instrument of record
in File Number 2010079944, M.C.O.P.R.R.P.;
Thence, North 86° 13' 19" East, along the southerly lines of
said 3.350 acre tract, that certain called 6.7 acre tract
(described as Tract 10) conveyed to O. B. Clay by an instrument of
record in Volume 191, Page 608, M.C.D.R., that certain called
3.9435 acre tract conveyed to Larry and Tracie Fultz by an
instrument of record in File Number 2007-132603, M.C.O.P.R.R.P.,
that certain called 6.7 acre tract (described as Tract 8) conveyed
to Dan Clay by an instrument of record in Volume 191, Page 608,
M.C.D.R., that certain called 2.043 acre tract conveyed to Richard
McWhorter by an instrument of record in File Number 8642515,
M.C.O.P.R.R.P., that certain called 1.823 acre tract conveyed to
Margaret Hull by an instrument of record in File Number 9843968,
M.C.O.P.R.R.P., and that certain called 1.0 acre tract conveyed to
Peter J. Buscemi and Patricia L. Buscemi by an instrument of record
in File Number 9523049, M.C.O.P.R.R.P., 1,730.34 feet to a point
for the southeast corner of said 1.0 acre tract;
Thence, North 13° 05' 19" East, along the east line of said 1.0
acre tract and the east line of that certain called 3.40 acre tract
conveyed to Stephen Charles and Andrea Charles by an instrument of
record in File Number 9523049 and (described as Tract 7) in Volume
191, Page 608, M.C.D.R., 361.99 feet to a point for corner on the
centerline of Tanyard Road;
Thence, South 89° 48' 05" East, along the centerline of
Tanyard Road as described in File Number 9509572, M.C.O.P.R.R.P.,
52.14 feet to a point for corner;
Thence, South 85° 55' 34" East, continuing along the
centerline of Tanyard Road, 295.89 feet to a point for the common
west corner of that certain called 39.240 acre tract conveyed to
Robert P. Wright by an instrument of record in File Number 7747854,
M.C.O.P.R.R.P., and that certain called 4.601 acre tract conveyed
to Robert Wright by an instrument of record in File Number
2009-104141, M.C.O.P.R.R.P.;
Thence, South 03° 20' 08" West, along the west line of said
4.601 acre tract, 236.02 feet to a point for the southwest corner of
said 4.601 acre tract;
Thence, North 86° 21' 51" East, along the south line of said
4.601 acre tract, 997.70 feet to a point for the common south corner
of said 4.601 acre tract and that certain called 21.50 acre tract
conveyed to Robert P. Wright by an instrument of record in File
Number's 2005-003852 and 8646744, M.C.O.P.R.R.P.;
Thence, North 85° 20' 12" East, along the south line of said
21.50 acre tract, 422.37 feet to a point for corner on the
centerline of said Tanyard Road as described in File Number
9509572, M.C.O.P.R.R.P.;
Thence, in an easterly direction along the centerline of said
Tanyard Road the following thirty (30) courses:
1. South 75° 40' 47" East, 310.24 feet to a point for corner;
2. South 80° 01' 38" East, 517.06 feet to a point for corner;
3. South 89° 22' 10" East, 1,020.57 feet to a point for
corner;
4. North 87° 31' 53" East, 534.66 feet to a point for corner;
5. North 83° 13' 01" East, 650.61 feet to a point for corner;
6. North 81° 13' 01" East, 1,173.60 feet to a point for
corner;
7. North 85° 26' 52" East, 1,826.57 feet to a point for
corner;
8. North 87° 55' 57" East, 369.79 feet to a point for corner;
9. South 89° 56' 05" East, 233.26 feet to a point for corner;
10. South 89° 27' 50" East, 610.46 feet to a point for
corner;
11. South 89° 52' 39" East, 654.48 feet to a point for
corner;
12. North 85° 33' 04" East, 692.83 feet to a point for
corner;
13. North 84° 11' 59" East, 456.82 feet to a point for
corner;
14. North 81° 48' 08" East, 245.89 feet to a point for
corner;
15. North 76° 01' 24" East, 299.73 feet to a point for
corner;
16. North 74° 33' 15" East, 458.03 feet to a point for
corner;
17. North 71° 20' 36" East, 126.39 feet to a point for
corner;
18. North 67° 33' 47" East, 233.32 feet to a point for
corner;
19. North 68° 17' 38" East, 346.61 feet to a point for
corner;
20. North 60° 40' 51" East, 203.12 feet to a point for
corner;
21. North 67° 41' 08" East, 183.91 feet to a point for
corner;
22. North 64° 22' 31" East, 237.95 feet to a point for
corner;
23. North 62° 31' 54" East, 214.60 feet to a point for
corner;
24. North 78° 44' 21" East, 505.10 feet to a point for
corner;
25. North 75° 18' 00" East, 428.73 feet to a point for
corner;
26. North 79° 33' 02" East, 611.84 feet to a point for
corner;
27. North 68° 28' 51" East, 412.17 feet to a point for
corner;
28. North 84° 42' 55" East, 933.26 feet to a point for
corner;
29. North 64° 09' 39" East, 285.68 feet to a point for
corner;
30. North 70° 44' 16" East, 143.36 feet to a point for the
northwest corner of that certain called 15.0258 acre tract
(described as Tract 2) conveyed to Theodore G. Scheid by an
instrument of record in Volume 762, Page 48, M.C.D.R.;
Thence, South 27° 58' 12" East, along the westerly lines of
said 15.0258 acre tract and that certain called 25.2472 acre tract
(described as Tract 1) conveyed to Theodore G. Scheid by an
instrument of record in Volume 762, Page 48, M.C.D.R., 656.44 feet
to a point for a west corner of said 25.2472 acre tract and on the
northerly line of China Grove Village Section One a subdivision of
record in Cabinet W, Sheet 152, of the Map Records of said
Montgomery County, Texas, (M.C.M.R.);
Thence, South 70° 31' 54" West, along the northerly line of
said subdivision, 2,969.99 feet to a point for the southwest corner
of said subdivision;
Thence, South 08° 34' 04" East, along the westerly line of
said subdivision, 2,230.57 feet to a point for a westerly corner of
said China Grove Village subdivision;
Thence, North 66° 32' 35" East, along a southerly line of said
subdivision, 1,755.56 feet to a point for a westerly corner of said
China Grove Village subdivision;
Thence, South 48° 05' 50" East, along a westerly line of said
subdivision, 422.03 feet to a point for the north corner of that
certain called 9.987 acre tract conveyed to Leslie Barnard and
David Clark by an instrument of record in File Number 2001-072414,
M.C.O.P.R.R.P., said 9.987 acre tract being a portion of that
certain called 88.020 acre tract previously conveyed to Bridges
Browder by an instrument of record in Volume 864, Page 634,
M.C.D.R.;
Thence, South 68° 24' 57" West, along the northerly lines of
said 9.987 acre tract and said 88.020 acre tract, 3,697.10 feet to a
point for the northwest corner of said 88.020 acre tract, said point
being on the centerline of McRae Creek;
Thence, in a southeasterly direction along the meanders of
said McRae Creek, and along the westerly lines of said 88.020 acre
tract, that certain called 12.8773 acre tract conveyed to Robert E.
Maddux, Jr by an instrument of record in File Number's 9630828, and
2000003219, M.C.O.P.R.R.P., that certain called 10.047 acre tract
conveyed to Donald Ray Land by an instrument of record in File
Number 9842784, M.C.O.P.R.R.P., that certain called 10.006 acre
tract conveyed to Clara Marie Hubbard by an instrument of record in
File Number 8917166, M.C.O.P.R.R.P., the following twenty-nine
(29) courses:
1. South 38° 15' 14" East, 127.00 feet to a point for corner;
2. South 52° 49' 14" East, 160.00 feet to a point for corner;
3. South 56° 29' 14" East, 638.00 feet to a point for corner;
4. South 76° 01' 26" East, 41.31 feet to a point for corner;
5. South 81° 37' 25" East, 109.28 feet to a point for corner;
6. North 82° 25' 45" East, 40.10 feet to a point for corner;
7. South 43° 03' 05" East, 18.75 feet to a point for corner;
8. North 75° 43' 25" East, 23.22 feet to a point for corner;
9. South 70° 02' 32" East, 28.26 feet to a point for corner;
10. North 59° 07' 46" East, 22.66 feet to a point for corner;
11. North 75° 25' 53" East, 102.84 feet to a point for
corner;
12. South 45° 17' 12" East, 21.89 feet to a point for corner;
13. North 66° 34' 38" East, 132.45 feet to a point for
corner;
14. North 50° 38' 54" East, 29.31 feet to a point for corner;
15. North 80° 37' 10" East, 36.26 feet to a point for corner;
16. South 65° 43' 01" East, 20.54 feet to a point for corner;
17. North 61° 25' 31" East, 56.69 feet to a point for corner;
18. North 81° 36' 09" East, 53.41 feet to a point for corner;
19. South 88° 44' 40" East, 53.93 feet to a point for corner;
20. South 43° 08' 29" East, 59.04 feet to a point for corner;
21. South 15° 47' 03" West, 20.66 feet to a point for corner;
22. South 53° 17' 33" East, 68.04 feet to a point for corner;
23. South 16° 19' 48" East, 31.21 feet to a point for corner;
24. South 10° 16' 18" East, 128.38 feet to a point for
corner;
25. South 05° 24' 00" East, 206.69 feet to a point for
corner;
26. South 22° 03' 14" East, 196.00 feet to a point for
corner;
27. South 32° 42' 57" East, 244.95 feet to a point for
corner;
28. South 18° 27' 15" East, 168.50 feet to a point for
corner;
29. South 25° 10' 15" East, 249.85 feet to a point for the
southwest corner of said 10.006 acre tract;
Thence, North 66° 53' 11" East, along the south line of said
10.006 acre tract, 673.49 feet to a point for corner;
Thence, South 33° 06' 27" East, 2,484.77 feet to a point for
corner, being the northeast corner of that certain called 94.44
acre tract (described as Tract 1) conveyed to Clayton T. McCrorey by
an instrument of record in File Number 2004-016847, M.C.O.P.R.R.P.,
said point being on the southeasterly line of the aforementioned
Jose Maria De La Garza Survey;
Thence, South 61° 30' 23" West, along the southeasterly line
of said Jose Maria De La Garza Survey and the northwesterly lines of
the aforementioned Cyrus Dikeman Survey, Abstract Number 179, the
Evelin Woodford Survey, Abstract Number 620, and the Jackson Crouch
Survey, Abstract Number 130 of said Montgomery County, Texas,
15,128.47 feet to the POINT OF BEGINNING and containing 3,310.992
acres of land.
PART TWO (Part II, Tract 8)
BEGINNING at the east corner of the aforementioned Cyrus
Dikeman Survey, same being the southeast corner of the
aforementioned 100 acre tract described as Part II, Tract 8 in the
instrument of record in File Number 9509573, M.C.O.P.R.R.P. as
described in Volume 362, Page 183, M.C.D.R, same being the south
corner of that certain called 157.5 acre tract described in Volume
323, Page 396, M.C.D.R.;
Thence, South 41° 48' 06" West, along the southeasterly line
of said 100 acre tract, 1,666.67 (called 600 varas) to the south
corner of herein described tract, same being the east corner of that
certain called 100 acre tract described in Volume 284, Page 338,
M.C.D.R.;
Thence, North 48° 11' 54" West, along the northeasterly line
of that certain called 99.98 acre tract described in File Number
9811049, M.C.O.P.R.R.P., (said 99.98 acre tract being a portion of
said 100 acre tract described in Volume 284, Page 338, M.C.D.R.),
2,638.89 feet (called 950 varas) to the west corner of the herein
described tract, the north corner of said 99.98 acre tract, and on
the southeasterly line of that certain called 94.44 acre tract
(tract 1) described in File Number 2004-016847, M.C.O.P.R.R.P.;
Thence, North 41° 48' 06" East, along the southeasterly line
of said 94.44 acre tract, 1,666.67 (called 600 varas) to the north
corner of the herein described tract;
Thence, South 48° 11' 54" East, 2,638.89 feet (called 950
varas) to the POINT OF BEGINNING and containing 100.968 acres of
land.
Said Part 1 (3,310.992 acres) and Part 2 (100.968 acres)
containing a total of 3,411.960 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7926, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7926.107 to read as follows:
Sec. 7926.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2015.
* * * * *