84R20411 KJE-F
By: Bell H.B. No. 4170
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Valley Ranch Town Center Management
District; providing authority to issue bonds; providing authority
to impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3941 to read as follows:
CHAPTER 3941. VALLEY RANCH TOWN CENTER MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3941.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Montgomery County.
(3) "Director" means a board member.
(4) "District" means the Valley Ranch Town Center
Management District.
Sec. 3941.002. NATURE OF DISTRICT. The Valley Ranch Town
Center Management District is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3941.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the county and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the county from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant county services provided in the
district.
Sec. 3941.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3941.005. 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 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3941.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3941.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3941.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3941.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board if the board determines that the change is in
the best interest of the district. The board may not consist of
fewer than five or more than nine voting directors.
Sec. 3941.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3941.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3941.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3941.055. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3941.056. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Jason Tramonte 1 Jason Tramonte
1 Jason Tramonte
2 Temple Brown 2 Temple Brown
2 Temple Brown
3 Steve Sample 3 Steve Sample
3 Steve Sample
4 Melissa Fitzgerald 4 Melissa Fitzgerald
4 Melissa Fitzgerald
5 Adam Cohen 5 Adam Cohen
5 Adam Cohen
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2017, and
the terms of directors appointed for positions four and five expire
June 1, 2019.
(c) Section 3941.052 does not apply to this section.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3941.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3941.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3941.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3941.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3941.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3941.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 3941.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3941.108. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3941.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3941.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3941.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3941.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3941.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3941.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3941.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3941.155. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of
district taxes or assessments on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3941.201. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3941.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3941.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3941.201, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3941.203. 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.
Sec. 3941.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3941.205. 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 annual ad valorem tax, without limit as to rate or amount,
for each year that all or part of the bonds are outstanding as
required and in the manner provided by Sections 54.601 and 54.602,
Water Code.
SUBCHAPTER F. DISSOLUTION AND MUNICIPAL ANNEXATION
Sec. 3941.251. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
district is a "water or sewer district" under Section 43.071, Local
Government Code.
(b) Section 43.075, Local Government Code, applies to the
district.
(c) Section 375.264, Local Government Code, does not apply
to the dissolution of the district by a municipality.
SECTION 2. The Valley Ranch Town Center Management District
initially includes all territory contained in the following area:
Being a 210.64 acres tract of land out of the William Massey
Survey, Abstract Number 387, and the William Smith Survey (WM. S.
Beaty), Abstract Number 540, Montgomery County, Texas; and being
out of and a portion of that certain called 548.300 acre tract of
land conveyed to Sig-Valley Ranch, LTD., by Warranty Deed executed
December 23, 2003, as recorded in File No. 2003-157058 in the
Official Public Records of Real Property, Montgomery County, Texas;
also being all of that certain called 57.24 acre tract of land
conveyed to Sig-Valley Ranch, LTD., by Warranty deed executed June
30, 2005, as recorded in File No. 2005-070741 in the Official
Public Records of Real Property, Montgomery County Texas; also
being all of that certain called 0.7389 acres tract of land conveyed
to Valley Ranch Town Center, LTD., as recorded in File Number
2008-043809 in the Official Public Records of Real Property,
Montgomery County, Texas; and being all of that certain called
71.727 acres tract of land conveyed to Valley Ranch Town Center,
LTD., as recorded in File Number 2007-047721 in the Official Public
Records of Real Property, Montgomery County, Texas; and being all
of that certain called 3.5714 acres tract of land conveyed to A-S 96
HWY 59 North-Grand Parkway, L.P. as recorded in File Number
2007-087020 in the Official Public Records of Real Property,
Montgomery County, Texas; said 210.64 acres tract of land being
more particularly described by metes and bounds as follows, with
all bearings being referenced to Texas Coordinate System, Central
Zone, North American Datum of 1983 (NAD 83), CORS96, EPOCH 2002.00;
BEGINNING at a found 4-inch aluminum disc stamped "TxDOT" for
the Northeast corner of said 3.5714 acres tract, the Southeast
corner of that certain called 1.37 acres tract of land conveyed to E &
K Investments as recorded in File Number 99076562 in the Official
Public Records of Real Property, Montgomery County, Texas; also
being in the Northwest right-of-way of U.S. 59 (320-feet
right-of-way) as recorded in Volume 516, Pg. 341 in the Montgomery
County Deed Records;
THENCE South 12° 02' 45" West, with the Northwest right-of-way
of said U.S. 59, 493.05 feet to a found 4-inch aluminum disc stamped
"TxDOT" for the Southeast corner of said 3.5714 acres tract and the
Northeast corner of that certain called 2.155 acres tract of land
conveyed to Martha S. Baker, as recorded in File Number 2001-109901
in the Official Public Records of Real Property, Montgomery County,
Texas;
THENCE South 86° 40' 34" West, with the North line of said
2.155 acres tract and the South line of said 3.5714 acres tract,
262.78 feet to a set 3/4-inch iron rod with cap stamped "DANNENBAUM
ENGINEERING" for the Southwest corner of said 3.5714 acres tract
and the Northwest corner of said 2.155 acres tract, and being in the
East line of said 57.24 acres tract;
THENCE South 03° 15' 06" East with the East line of said 57.24
acres tract and the West line of said 2.155 acres tract, 477.39 feet
to set 3/4-inch iron rod with cap stamped "DANNENBAUM ENGINEERING"
for the Southwest corner of said 2.155 acres tract and the Northwest
corner of said 0.7389 acres tract;
THENCE North 86° 07' 44" East, with the South line of said
2.155 acres tract and the North line of said 0.7389 acres tract,
133.19 feet to a found 4-inch aluminum disc stamped "TxDOT" for the
Southeast corner of said 2.155 acres tract and the Northeast corner
of said 0.7389 acres tract, and being in the Northwest right-of-way
of said U.S. 59;
THENCE South 12° 06' 38" West, with the Northwest right-of-way
of said U.S. 59, 502.74 feet to a found 4-inch aluminum disc stamped
"TxDOT" for the South corner of said 0.7389 acres tract and a
Southwest corner of said 57.24 acres tract;
THENCE South 11° 54' 13" West, with the Northwest right-of-way
of said U.S. 59, 246.19 feet to a found concrete monument for corner
and the beginning of a tangent curve to the right;
THENCE continuing with the Northwest right-of-way of said
U.S. 59, along said curve to the right having a radius of 523.97
feet, an arc length of 475.27 feet, a central angle of 51° 58' 16",
and a chord bearing South 37° 56' 17" West, 459.15 feet to a found
concrete monument for corner;
THENCE South 63° 56' 06" West, continuing with the Northwest
right-of-way of said U.S. 59, 392.73 feet to a set 3/4-inch iron rod
with cap stamped "DANNENBAUM ENGINEERING" for corner and the
beginning of a tangent curve to the left;
THENCE continuing with the Northwest right-of-way of said
U.S. 59, along said curve to the left having a radius of 335.48
feet, an arc length of 133.24 feet, a central angle of 22° 45' 20",
and a chord bearing South 52° 45' 51" West, 132.36 feet to a set
3/4-inch iron rod with cap stamped "DANNENBAUM ENGINEERING" for the
southeast corner of said 71.727 acres tract and being in the
Proposed North right-of-way of Grand Parkway;
THENCE South 85° 28' 53" West, with the Proposed North
right-of-way of Grand Parkway and the South line of said 71.727
acres tract, 2497.13 feet to a point for corner and the beginning of
a tangent curve to the right;
THENCE along said curve to the right, having a radius of
1886.00 feet, an arc length of 339.44 feet, a central angle of 10°
18' 43", and a chord bearing North 89° 21' 46" West, 338.98 feet to a
point for corner being in the centerline of White Oak Bayou;
THENCE with the meanders of the centerline of White Oak Bayou
and the Southwesterly lines of the herein described tract, the
following courses and distances:
- THENCE North 12° 45' 20" West, 43.40 feet to a point for corner;
- THENCE North 23° 29' 16" East, 51.25 feet to a point for corner;
- THENCE North 33° 14' 49" West, 41.90 feet to a point for corner;
- THENCE North 62° 47' 32" West, 14.97 feet to a point for corner;
- THENCE North 35° 00' 17" West, 33.24 feet to a point for corner;
- THENCE North 77° 36' 34" West, 42.16 feet to a point for corner;
- THENCE North 42° 17' 25" West, 53.80 feet to a point for corner;
- THENCE North 45° 18' 16" West, 53.91 feet to a point for corner;
- THENCE North 55° 39' 35" West, 35.08 feet to a point for corner;
- THENCE North 76° 24' 26" West, 37.08 feet to a point for corner;
- THENCE North 48° 59' 11" West, 106.48 feet to a point for corner;
- THENCE North 34° 24' 21" West, 30.40 feet to a point for corner;
- THENCE North 56° 21' 38" West, 66.27 feet to a point for corner;
- THENCE North 85° 31' 21" West, 26.27 feet to a point for corner;
- THENCE North 36° 15' 31" West, 109.67 feet to a point for corner;
- THENCE North 75° 49' 44" West, 24.85 feet to a point for corner;
- THENCE South 80° 56' 52" West, 41.81 feet to a point for corner;
- THENCE North 83° 19' 45" West, 67.67 feet to a point for corner;
- THENCE North 66° 30' 42" West, 35.69 feet to a point for corner;
- THENCE North 31° 35' 01" West, 41.52 feet to a point for corner;
- THENCE North 53° 03' 12" West, 37.58 feet to a point for corner;
- THENCE North 10° 36' 32" East, 22.99 feet to a point for corner;
- THENCE North N 40° 09' 07" West, 18.26 feet to a point for corner;
- THENCE North 64° 15' 33" West, 36.09 feet to a point for corner;
- THENCE South 89° 32' 37" West, 22.93 feet to a point for corner;
- THENCE North 04° 18' 58" East, 40.40 feet to a point for corner;
- THENCE North 51° 29' 10" West,21.95 feet to a point for corner;
- THENCE North 74° 46' 16" West,24.92 feet to a point for corner;
- THENCE South 68° 05' 35" West,26.22 feet to a point for corner;
- THENCE South 04° 28' 48" East, 49.05 feet to a point for corner;
- THENCE South 39° 20' 23" West,33.30 feet to a point for corner;
- THENCE North 80° 06' 29" West,29.12 feet to a point for corner;
- THENCE North 54° 19' 38" West,66.25 feet to a point for corner;
- THENCE North 44° 00' 07" West,67.67 feet to a point for corner;
- THENCE North 72° 28' 15" West,58.48 feet to a point for corner;
- THENCE North 53° 00' 58" West,113.50 feet to a point for corner;
- THENCE North 58° 32' 21" West,105.66 feet to a point for corner;
- THENCE North 80° 46' 30" West,42.17 feet to a point for corner;
- THENCE North 27° 39' 25" West,16.86 feet to a point for corner;
- THENCE North 82° 42' 23" West, 43.55 feet to a point for corner at
the Southwest corner of the herein described tract;
THENCE North 04° 31' 09" West, 1299.57 feet to a set 3/4-inch
iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner at
the Northwest corner of the herein described tract; also being in
the South line of a certain called 0.275 acre tract of land conveyed
to Montgomery County, Texas as recorded in File Number 2008-111022
in the Official Public Records of Real Property, Montgomery County,
Texas;
THENCE North 86° 31 04" East with the South line of said 0.275
acres tract, 492.66 feet to a set 3/4-inch iron rod with cap stamped
"DANNENBAUM ENGINEERING" for the southeast corner of said 0.275
acres tract, and being in the West line of that certain called 3.003
acres tract of land conveyed to Montgomery County, Texas as
recorded in File Number 2008-111021 of the Official Public Records
of Real Property, Montgomery County, Texas;
THENCE South 03° 28' 56" East with the West line of said 3.003
acres tract, 100.00 feet to a set 3/4-inch iron rod with cap stamped
"DANNENBAUM ENGINEERING" for the Southwest corner of said 3.003
acres tract;
THENCE North 86° 31' 04" East with the South line of said 3.003
acres tract, 2,290.00 feet to a set 3/4 with cap stamped "DANNENBAUM
ENGINEERING" for the Southeast corner of said 3.003 acres tract,
and being the Southwest corner of that certain called 0.165 acres
tract conveyed to Montgomery County, Texas as recorded in File
Number 2008-111022 of the Official Public Records of Real Property,
Montgomery County, Texas;
THENCE North 86° 32' 59" East with the South line of said 0.165
acres tract, 60.00 feet to a set 3/4-inch iron rod with cap stamped
"DANNENBAUM ENGINEERING" for the Southeast corner of said 0.165
acres tract;
THENCE North 03° 28' 56" West with the East line of said 0.165
acres tract, 120.00 feet to a set 3/4-inch iron rod with cap stamped
"DANNENBAUM ENGINEERING" in the North line of said 548.300 acres
tract, also being in the South line of that certain called 32.645
acres tract of land conveyed to Montgomery County, as recorded in
File Number 2007-102058 of the Official Public Records of Real
Property, Montgomery County, Texas;
THENCE North 86° 32' 59" East with the North line of said
548.300 acres tract and the South line of said 32.645 acres tract of
land, 94.65 feet to a set 3/4-iron rod with cap stamped "DANNENBAUM
ENGINEERING" for the Southeast corner of said 7.479 acres tract,
and being the beginning of a non-tangent curve to the right;
THENCE along said curve to the right, having a radius of
312.28, an arc length of 141.43 feet, a central angle of 25° 56' 53",
and a chord bearing South 17° 28' 08" East, 140.22 feet to found
1/2-inch iron rod with cap stamped "JEFF MOON RPLS 4639" for corner;
THENCE South 04° 30' 58" East, 690.96 feet to found 1/2-inch
iron rod with cap stamped "JEFF MOON RPLS 4639" for corner;
THENCE North 85° 29' 02" East, 812.68 feet to found 1/2-inch
iron rod with cap stamped "JEFF MOON RPLS 4639" for corner and the
beginning of a tangent curve to the left;
THENCE along said curve to the left, having a radius of
250.00, an arc length of 312.69 feet, a central angle of 71° 39' 45",
and a chord bearing North 49° 39' 08" East, 292.70 feet to found
1/2-inch iron rod with cap stamped "JEFF MOON RPLS 4639" for corner;
THENCE North 13° 49' 15" East, 580.62 feet to found 1/2-inch
iron rod with cap stamped "JEFF MOON RPLS 4639" for corner and the
beginning of a tangent curve to the left;
THENCE along said curve to the left, having a radius of
270.00, an arc length of 84.42 feet, a central angle of 17° 54' 53",
and a chord bearing North 04° 51' 48" East, 84.08 feet to found
1/2-inch iron rod with cap stamped "JEFF MOON RPLS 4639" for corner
being in the North line of said 57.24 acres tract and the South line
of that certain called 33.22 acres tract of land conveyed to Joseph
Popowitz as recorded in File Number 2001-007697 in the Official
Public Records of Real Property, Montgomery County, Texas;
THENCE North 86° 27' 53" East, with the North line of said
57.24 acre tract and the South line of said 33.22 acres tract,
723.29 feet to a set 3/4-inch iron rod with cap stamped "DANNENBAUM
ENGINEERING" for the Northeast corner of said 57.24 acres tract,
also being the Northwest corner of said 3.5714 acres tract of land;
THENCE North 86° 27' 53" East, with the North line of said
3.5714 acres tract, 392.87 feet to POINT OF BEGINNING; containing
210.64 acres of land, more or less.
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,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
Pos. No. Name of Director
1 Jason Tramonte
2 Temple Brown
3 Steve Sample
4 Melissa Fitzgerald
5 Adam Cohen