Texas 2015 - 84th Regular

Texas House Bill HB4170 Compare Versions

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11 84R20411 KJE-F
22 By: Bell H.B. No. 4170
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of Valley Ranch Town Center Management
88 District; providing authority to issue bonds; providing authority
99 to impose assessments, fees, or taxes.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1212 Code, is amended by adding Chapter 3941 to read as follows:
1313 CHAPTER 3941. VALLEY RANCH TOWN CENTER MANAGEMENT DISTRICT
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 3941.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "County" means Montgomery County.
1818 (3) "Director" means a board member.
1919 (4) "District" means the Valley Ranch Town Center
2020 Management District.
2121 Sec. 3941.002. NATURE OF DISTRICT. The Valley Ranch Town
2222 Center Management District is a special district created under
2323 Section 59, Article XVI, Texas Constitution.
2424 Sec. 3941.003. PURPOSE; DECLARATION OF INTENT. (a) The
2525 creation of the district is essential to accomplish the purposes of
2626 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2727 Texas Constitution, and other public purposes stated in this
2828 chapter. By creating the district and in authorizing the county and
2929 other political subdivisions to contract with the district, the
3030 legislature has established a program to accomplish the public
3131 purposes set out in Section 52-a, Article III, Texas Constitution.
3232 (b) The creation of the district is necessary to promote,
3333 develop, encourage, and maintain employment, commerce,
3434 transportation, housing, tourism, recreation, the arts,
3535 entertainment, economic development, safety, and the public
3636 welfare in the district.
3737 (c) This chapter and the creation of the district may not be
3838 interpreted to relieve the county from providing the level of
3939 services provided as of the effective date of the Act enacting this
4040 chapter to the area in the district. The district is created to
4141 supplement and not to supplant county services provided in the
4242 district.
4343 Sec. 3941.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4444 (a) The district is created to serve a public use and benefit.
4545 (b) All land and other property included in the district
4646 will benefit from the improvements and services to be provided by
4747 the district under powers conferred by Sections 52 and 52-a,
4848 Article III, and Section 59, Article XVI, Texas Constitution, and
4949 other powers granted under this chapter.
5050 (c) The creation of the district is in the public interest
5151 and is essential to further the public purposes of:
5252 (1) developing and diversifying the economy of the
5353 state;
5454 (2) eliminating unemployment and underemployment; and
5555 (3) developing or expanding transportation and
5656 commerce.
5757 (d) The district will:
5858 (1) promote the health, safety, and general welfare of
5959 residents, employers, potential employees, employees, visitors,
6060 and consumers in the district, and of the public;
6161 (2) provide needed funding for the district to
6262 preserve, maintain, and enhance the economic health and vitality of
6363 the district territory as a community and business center;
6464 (3) promote the health, safety, welfare, and enjoyment
6565 of the public by providing pedestrian ways and by landscaping and
6666 developing certain areas in the district, which are necessary for
6767 the restoration, preservation, and enhancement of scenic beauty;
6868 and
6969 (4) provide for water, wastewater, drainage, road, and
7070 recreational facilities for the district.
7171 (e) Pedestrian ways along or across a street, whether at
7272 grade or above or below the surface, and street lighting, street
7373 landscaping, parking, and street art objects are parts of and
7474 necessary components of a street and are considered to be a street
7575 or road improvement.
7676 (f) The district will not act as the agent or
7777 instrumentality of any private interest even though the district
7878 will benefit many private interests as well as the public.
7979 Sec. 3941.005. INITIAL DISTRICT TERRITORY. (a) The
8080 district is initially composed of the territory described by
8181 Section 2 of the Act enacting this chapter.
8282 (b) The boundaries and field notes contained in Section 2 of
8383 the Act enacting this chapter form a closure. A mistake in the
8484 field notes or in copying the field notes in the legislative process
8585 does not affect the district's:
8686 (1) organization, existence, or validity;
8787 (2) right to issue any type of bonds for the purposes
8888 for which the district is created or to pay the principal of and
8989 interest on the bonds;
9090 (3) right to impose or collect an assessment or tax; or
9191 (4) legality or operation.
9292 Sec. 3941.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9393 All or any part of the area of the district is eligible to be
9494 included in:
9595 (1) a tax increment reinvestment zone created under
9696 Chapter 311, Tax Code;
9797 (2) a tax abatement reinvestment zone created under
9898 Chapter 312, Tax Code;
9999 (3) an enterprise zone created under Chapter 2303,
100100 Government Code; or
101101 (4) an industrial district created under Chapter 42,
102102 Local Government Code.
103103 Sec. 3941.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
104104 DISTRICTS LAW. Except as otherwise provided by this chapter,
105105 Chapter 375, Local Government Code, applies to the district.
106106 Sec. 3941.008. CONSTRUCTION OF CHAPTER. This chapter shall
107107 be liberally construed in conformity with the findings and purposes
108108 stated in this chapter.
109109 SUBCHAPTER B. BOARD OF DIRECTORS
110110 Sec. 3941.051. GOVERNING BODY; TERMS. (a) The district is
111111 governed by a board of five voting directors who serve staggered
112112 terms of four years, with two or three directors' terms expiring
113113 June 1 of each odd-numbered year.
114114 (b) The board by resolution may change the number of voting
115115 directors on the board if the board determines that the change is in
116116 the best interest of the district. The board may not consist of
117117 fewer than five or more than nine voting directors.
118118 Sec. 3941.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
119119 Commission on Environmental Quality shall appoint voting directors
120120 from persons recommended by the board.
121121 Sec. 3941.053. NONVOTING DIRECTORS. The board may appoint
122122 nonvoting directors to serve at the pleasure of the voting
123123 directors.
124124 Sec. 3941.054. QUORUM. For purposes of determining the
125125 requirements for a quorum of the board, the following are not
126126 counted:
127127 (1) a board position vacant for any reason, including
128128 death, resignation, or disqualification;
129129 (2) a director who is abstaining from participation in
130130 a vote because of a conflict of interest; or
131131 (3) a nonvoting director.
132132 Sec. 3941.055. COMPENSATION. A director is entitled to
133133 receive fees of office and reimbursement for actual expenses as
134134 provided by Section 49.060, Water Code. Sections 375.069 and
135135 375.070, Local Government Code, do not apply to the board.
136136 Sec. 3941.056. INITIAL VOTING DIRECTORS. (a) The initial
137137 board consists of the following voting directors:
138138 Pos. No. Name of Director Pos. No. Name of Director
139139 Pos. No. Name of Director
140140 1 Jason Tramonte 1 Jason Tramonte
141141 1 Jason Tramonte
142142 2 Temple Brown 2 Temple Brown
143143 2 Temple Brown
144144 3 Steve Sample 3 Steve Sample
145145 3 Steve Sample
146146 4 Melissa Fitzgerald 4 Melissa Fitzgerald
147147 4 Melissa Fitzgerald
148148 5 Adam Cohen 5 Adam Cohen
149149 5 Adam Cohen
150150 (b) Of the initial directors, the terms of directors
151151 appointed for positions one through three expire June 1, 2017, and
152152 the terms of directors appointed for positions four and five expire
153153 June 1, 2019.
154154 (c) Section 3941.052 does not apply to this section.
155155 SUBCHAPTER C. POWERS AND DUTIES
156156 Sec. 3941.101. GENERAL POWERS AND DUTIES. The district has
157157 the powers and duties necessary to accomplish the purposes for
158158 which the district is created.
159159 Sec. 3941.102. IMPROVEMENT PROJECTS AND SERVICES. The
160160 district may provide, design, construct, acquire, improve,
161161 relocate, operate, maintain, or finance an improvement project or
162162 service using any money available to the district, or contract with
163163 a governmental or private entity to provide, design, construct,
164164 acquire, improve, relocate, operate, maintain, or finance an
165165 improvement project or service authorized under this chapter or
166166 Chapter 375, Local Government Code.
167167 Sec. 3941.103. DEVELOPMENT CORPORATION POWERS. The
168168 district, using money available to the district, may exercise the
169169 powers given to a development corporation under Chapter 505, Local
170170 Government Code, including the power to own, operate, acquire,
171171 construct, lease, improve, or maintain a project under that
172172 chapter.
173173 Sec. 3941.104. NONPROFIT CORPORATION. (a) The board by
174174 resolution may authorize the creation of a nonprofit corporation to
175175 assist and act for the district in implementing a project or
176176 providing a service authorized by this chapter.
177177 (b) The nonprofit corporation:
178178 (1) has each power of and is considered to be a local
179179 government corporation created under Subchapter D, Chapter 431,
180180 Transportation Code; and
181181 (2) may implement any project and provide any service
182182 authorized by this chapter.
183183 (c) The board shall appoint the board of directors of the
184184 nonprofit corporation. The board of directors of the nonprofit
185185 corporation shall serve in the same manner as the board of directors
186186 of a local government corporation created under Subchapter D,
187187 Chapter 431, Transportation Code, except that a board member is not
188188 required to reside in the district.
189189 Sec. 3941.105. AGREEMENTS; GRANTS. (a) As provided by
190190 Chapter 375, Local Government Code, the district may make an
191191 agreement with or accept a gift, grant, or loan from any person.
192192 (b) The implementation of a project is a governmental
193193 function or service for the purposes of Chapter 791, Government
194194 Code.
195195 Sec. 3941.106. LAW ENFORCEMENT SERVICES. To protect the
196196 public interest, the district may contract with a qualified party,
197197 including the county, to provide law enforcement services in the
198198 district for a fee.
199199 Sec. 3941.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
200200 district may join and pay dues to a charitable or nonprofit
201201 organization that performs a service or provides an activity
202202 consistent with the furtherance of a district purpose.
203203 Sec. 3941.108. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
204204 district may engage in activities that accomplish the economic
205205 development purposes of the district.
206206 (b) The district may establish and provide for the
207207 administration of one or more programs to promote state or local
208208 economic development and to stimulate business and commercial
209209 activity in the district, including programs to:
210210 (1) make loans and grants of public money; and
211211 (2) provide district personnel and services.
212212 (c) The district may create economic development programs
213213 and exercise the economic development powers provided to
214214 municipalities by:
215215 (1) Chapter 380, Local Government Code; and
216216 (2) Subchapter A, Chapter 1509, Government Code.
217217 Sec. 3941.109. PARKING FACILITIES. (a) The district may
218218 acquire, lease as lessor or lessee, construct, develop, own,
219219 operate, and maintain parking facilities or a system of parking
220220 facilities, including lots, garages, parking terminals, or other
221221 structures or accommodations for parking motor vehicles off the
222222 streets and related appurtenances.
223223 (b) The district's parking facilities serve the public
224224 purposes of the district and are owned, used, and held for a public
225225 purpose even if leased or operated by a private entity for a term of
226226 years.
227227 (c) The district's parking facilities are parts of and
228228 necessary components of a street and are considered to be a street
229229 or road improvement.
230230 (d) The development and operation of the district's parking
231231 facilities may be considered an economic development program.
232232 Sec. 3941.110. ANNEXATION OF LAND. The district may annex
233233 land as provided by Subchapter J, Chapter 49, Water Code.
234234 Sec. 3941.111. NO EMINENT DOMAIN POWER. The district may
235235 not exercise the power of eminent domain.
236236 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
237237 Sec. 3941.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
238238 board by resolution shall establish the number of directors'
239239 signatures and the procedure required for a disbursement or
240240 transfer of district money.
241241 Sec. 3941.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
242242 The district may acquire, construct, finance, operate, or maintain
243243 any improvement or service authorized under this chapter or Chapter
244244 375, Local Government Code, using any money available to the
245245 district.
246246 Sec. 3941.153. PETITION REQUIRED FOR FINANCING SERVICES AND
247247 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
248248 service or improvement project with assessments under this chapter
249249 unless a written petition requesting that service or improvement
250250 has been filed with the board.
251251 (b) A petition filed under Subsection (a) must be signed by
252252 the owners of a majority of the assessed value of real property in
253253 the district subject to assessment according to the most recent
254254 certified tax appraisal roll for the county.
255255 Sec. 3941.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
256256 (a) The board by resolution may impose and collect an assessment
257257 for any purpose authorized by this chapter in all or any part of the
258258 district.
259259 (b) An assessment, a reassessment, or an assessment
260260 resulting from an addition to or correction of the assessment roll
261261 by the district, penalties and interest on an assessment or
262262 reassessment, an expense of collection, and reasonable attorney's
263263 fees incurred by the district:
264264 (1) are a first and prior lien against the property
265265 assessed;
266266 (2) are superior to any other lien or claim other than
267267 a lien or claim for county, school district, or municipal ad valorem
268268 taxes; and
269269 (3) are the personal liability of and a charge against
270270 the owners of the property even if the owners are not named in the
271271 assessment proceedings.
272272 (c) The lien is effective from the date of the board's
273273 resolution imposing the assessment until the date the assessment is
274274 paid. The board may enforce the lien in the same manner that the
275275 board may enforce an ad valorem tax lien against real property.
276276 (d) The board may make a correction to or deletion from the
277277 assessment roll that does not increase the amount of assessment of
278278 any parcel of land without providing notice and holding a hearing in
279279 the manner required for additional assessments.
280280 Sec. 3941.155. TAX AND ASSESSMENT ABATEMENTS. The district
281281 may designate reinvestment zones and may grant abatements of
282282 district taxes or assessments on property in the zones.
283283 SUBCHAPTER E. TAXES AND BONDS
284284 Sec. 3941.201. ELECTIONS REGARDING TAXES AND BONDS.
285285 (a) The district may issue, without an election, bonds, notes, and
286286 other obligations secured by:
287287 (1) revenue other than ad valorem taxes; or
288288 (2) contract payments described by Section 3941.203.
289289 (b) The district must hold an election in the manner
290290 provided by Subchapter L, Chapter 375, Local Government Code, to
291291 obtain voter approval before the district may impose an ad valorem
292292 tax or issue bonds payable from ad valorem taxes.
293293 (c) Section 375.243, Local Government Code, does not apply
294294 to the district.
295295 (d) All or any part of any facilities or improvements that
296296 may be acquired by a district by the issuance of its bonds may be
297297 submitted as a single proposition or as several propositions to be
298298 voted on at the election.
299299 Sec. 3941.202. OPERATION AND MAINTENANCE TAX. (a) If
300300 authorized by a majority of the district voters voting at an
301301 election held in accordance with Section 3941.201, the district may
302302 impose an operation and maintenance tax on taxable property in the
303303 district in accordance with Section 49.107, Water Code, for any
304304 district purpose, including to:
305305 (1) maintain and operate the district;
306306 (2) construct or acquire improvements; or
307307 (3) provide a service.
308308 (b) The board shall determine the tax rate. The rate may not
309309 exceed the rate approved at the election.
310310 (c) Section 49.107(h), Water Code, does not apply to the
311311 district.
312312 Sec. 3941.203. CONTRACT TAXES. (a) In accordance with
313313 Section 49.108, Water Code, the district may impose a tax other than
314314 an operation and maintenance tax and use the revenue derived from
315315 the tax to make payments under a contract after the provisions of
316316 the contract have been approved by a majority of the district voters
317317 voting at an election held for that purpose.
318318 (b) A contract approved by the district voters may contain a
319319 provision stating that the contract may be modified or amended by
320320 the board without further voter approval.
321321 Sec. 3941.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
322322 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
323323 determined by the board. Section 375.205, Local Government Code,
324324 does not apply to a loan, line of credit, or other borrowing from a
325325 bank or financial institution secured by revenue other than ad
326326 valorem taxes.
327327 (b) The district may issue bonds, notes, or other
328328 obligations payable wholly or partly from ad valorem taxes,
329329 assessments, impact fees, revenue, contract payments, grants, or
330330 other district money, or any combination of those sources of money,
331331 to pay for any authorized district purpose.
332332 (c) The limitation on the outstanding principal amount of
333333 bonds, notes, and other obligations provided by Section 49.4645,
334334 Water Code, does not apply to the district.
335335 Sec. 3941.205. TAXES FOR BONDS. At the time the district
336336 issues bonds payable wholly or partly from ad valorem taxes, the
337337 board shall provide for the annual imposition of a continuing
338338 direct annual ad valorem tax, without limit as to rate or amount,
339339 for each year that all or part of the bonds are outstanding as
340340 required and in the manner provided by Sections 54.601 and 54.602,
341341 Water Code.
342342 SUBCHAPTER F. DISSOLUTION AND MUNICIPAL ANNEXATION
343343 Sec. 3941.251. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
344344 district is a "water or sewer district" under Section 43.071, Local
345345 Government Code.
346346 (b) Section 43.075, Local Government Code, applies to the
347347 district.
348348 (c) Section 375.264, Local Government Code, does not apply
349349 to the dissolution of the district by a municipality.
350350 SECTION 2. The Valley Ranch Town Center Management District
351351 initially includes all territory contained in the following area:
352352 Being a 210.64 acres tract of land out of the William Massey
353353 Survey, Abstract Number 387, and the William Smith Survey (WM. S.
354354 Beaty), Abstract Number 540, Montgomery County, Texas; and being
355355 out of and a portion of that certain called 548.300 acre tract of
356356 land conveyed to Sig-Valley Ranch, LTD., by Warranty Deed executed
357357 December 23, 2003, as recorded in File No. 2003-157058 in the
358358 Official Public Records of Real Property, Montgomery County, Texas;
359359 also being all of that certain called 57.24 acre tract of land
360360 conveyed to Sig-Valley Ranch, LTD., by Warranty deed executed June
361361 30, 2005, as recorded in File No. 2005-070741 in the Official
362362 Public Records of Real Property, Montgomery County Texas; also
363363 being all of that certain called 0.7389 acres tract of land conveyed
364364 to Valley Ranch Town Center, LTD., as recorded in File Number
365365 2008-043809 in the Official Public Records of Real Property,
366366 Montgomery County, Texas; and being all of that certain called
367367 71.727 acres tract of land conveyed to Valley Ranch Town Center,
368368 LTD., as recorded in File Number 2007-047721 in the Official Public
369369 Records of Real Property, Montgomery County, Texas; and being all
370370 of that certain called 3.5714 acres tract of land conveyed to A-S 96
371371 HWY 59 North-Grand Parkway, L.P. as recorded in File Number
372372 2007-087020 in the Official Public Records of Real Property,
373373 Montgomery County, Texas; said 210.64 acres tract of land being
374374 more particularly described by metes and bounds as follows, with
375375 all bearings being referenced to Texas Coordinate System, Central
376376 Zone, North American Datum of 1983 (NAD 83), CORS96, EPOCH 2002.00;
377377 BEGINNING at a found 4-inch aluminum disc stamped "TxDOT" for
378378 the Northeast corner of said 3.5714 acres tract, the Southeast
379379 corner of that certain called 1.37 acres tract of land conveyed to E &
380380 K Investments as recorded in File Number 99076562 in the Official
381381 Public Records of Real Property, Montgomery County, Texas; also
382382 being in the Northwest right-of-way of U.S. 59 (320-feet
383383 right-of-way) as recorded in Volume 516, Pg. 341 in the Montgomery
384384 County Deed Records;
385385 THENCE South 12° 02' 45" West, with the Northwest right-of-way
386386 of said U.S. 59, 493.05 feet to a found 4-inch aluminum disc stamped
387387 "TxDOT" for the Southeast corner of said 3.5714 acres tract and the
388388 Northeast corner of that certain called 2.155 acres tract of land
389389 conveyed to Martha S. Baker, as recorded in File Number 2001-109901
390390 in the Official Public Records of Real Property, Montgomery County,
391391 Texas;
392392 THENCE South 86° 40' 34" West, with the North line of said
393393 2.155 acres tract and the South line of said 3.5714 acres tract,
394394 262.78 feet to a set 3/4-inch iron rod with cap stamped "DANNENBAUM
395395 ENGINEERING" for the Southwest corner of said 3.5714 acres tract
396396 and the Northwest corner of said 2.155 acres tract, and being in the
397397 East line of said 57.24 acres tract;
398398 THENCE South 03° 15' 06" East with the East line of said 57.24
399399 acres tract and the West line of said 2.155 acres tract, 477.39 feet
400400 to set 3/4-inch iron rod with cap stamped "DANNENBAUM ENGINEERING"
401401 for the Southwest corner of said 2.155 acres tract and the Northwest
402402 corner of said 0.7389 acres tract;
403403 THENCE North 86° 07' 44" East, with the South line of said
404404 2.155 acres tract and the North line of said 0.7389 acres tract,
405405 133.19 feet to a found 4-inch aluminum disc stamped "TxDOT" for the
406406 Southeast corner of said 2.155 acres tract and the Northeast corner
407407 of said 0.7389 acres tract, and being in the Northwest right-of-way
408408 of said U.S. 59;
409409 THENCE South 12° 06' 38" West, with the Northwest right-of-way
410410 of said U.S. 59, 502.74 feet to a found 4-inch aluminum disc stamped
411411 "TxDOT" for the South corner of said 0.7389 acres tract and a
412412 Southwest corner of said 57.24 acres tract;
413413 THENCE South 11° 54' 13" West, with the Northwest right-of-way
414414 of said U.S. 59, 246.19 feet to a found concrete monument for corner
415415 and the beginning of a tangent curve to the right;
416416 THENCE continuing with the Northwest right-of-way of said
417417 U.S. 59, along said curve to the right having a radius of 523.97
418418 feet, an arc length of 475.27 feet, a central angle of 51° 58' 16",
419419 and a chord bearing South 37° 56' 17" West, 459.15 feet to a found
420420 concrete monument for corner;
421421 THENCE South 63° 56' 06" West, continuing with the Northwest
422422 right-of-way of said U.S. 59, 392.73 feet to a set 3/4-inch iron rod
423423 with cap stamped "DANNENBAUM ENGINEERING" for corner and the
424424 beginning of a tangent curve to the left;
425425 THENCE continuing with the Northwest right-of-way of said
426426 U.S. 59, along said curve to the left having a radius of 335.48
427427 feet, an arc length of 133.24 feet, a central angle of 22° 45' 20",
428428 and a chord bearing South 52° 45' 51" West, 132.36 feet to a set
429429 3/4-inch iron rod with cap stamped "DANNENBAUM ENGINEERING" for the
430430 southeast corner of said 71.727 acres tract and being in the
431431 Proposed North right-of-way of Grand Parkway;
432432 THENCE South 85° 28' 53" West, with the Proposed North
433433 right-of-way of Grand Parkway and the South line of said 71.727
434434 acres tract, 2497.13 feet to a point for corner and the beginning of
435435 a tangent curve to the right;
436436 THENCE along said curve to the right, having a radius of
437437 1886.00 feet, an arc length of 339.44 feet, a central angle of 10°
438438 18' 43", and a chord bearing North 89° 21' 46" West, 338.98 feet to a
439439 point for corner being in the centerline of White Oak Bayou;
440440 THENCE with the meanders of the centerline of White Oak Bayou
441441 and the Southwesterly lines of the herein described tract, the
442442 following courses and distances:
443443 - THENCE North 12° 45' 20" West, 43.40 feet to a point for corner;
444444 - THENCE North 23° 29' 16" East, 51.25 feet to a point for corner;
445445 - THENCE North 33° 14' 49" West, 41.90 feet to a point for corner;
446446 - THENCE North 62° 47' 32" West, 14.97 feet to a point for corner;
447447 - THENCE North 35° 00' 17" West, 33.24 feet to a point for corner;
448448 - THENCE North 77° 36' 34" West, 42.16 feet to a point for corner;
449449 - THENCE North 42° 17' 25" West, 53.80 feet to a point for corner;
450450 - THENCE North 45° 18' 16" West, 53.91 feet to a point for corner;
451451 - THENCE North 55° 39' 35" West, 35.08 feet to a point for corner;
452452 - THENCE North 76° 24' 26" West, 37.08 feet to a point for corner;
453453 - THENCE North 48° 59' 11" West, 106.48 feet to a point for corner;
454454 - THENCE North 34° 24' 21" West, 30.40 feet to a point for corner;
455455 - THENCE North 56° 21' 38" West, 66.27 feet to a point for corner;
456456 - THENCE North 85° 31' 21" West, 26.27 feet to a point for corner;
457457 - THENCE North 36° 15' 31" West, 109.67 feet to a point for corner;
458458 - THENCE North 75° 49' 44" West, 24.85 feet to a point for corner;
459459 - THENCE South 80° 56' 52" West, 41.81 feet to a point for corner;
460460 - THENCE North 83° 19' 45" West, 67.67 feet to a point for corner;
461461 - THENCE North 66° 30' 42" West, 35.69 feet to a point for corner;
462462 - THENCE North 31° 35' 01" West, 41.52 feet to a point for corner;
463463 - THENCE North 53° 03' 12" West, 37.58 feet to a point for corner;
464464 - THENCE North 10° 36' 32" East, 22.99 feet to a point for corner;
465465 - THENCE North N 40° 09' 07" West, 18.26 feet to a point for corner;
466466 - THENCE North 64° 15' 33" West, 36.09 feet to a point for corner;
467467 - THENCE South 89° 32' 37" West, 22.93 feet to a point for corner;
468468 - THENCE North 04° 18' 58" East, 40.40 feet to a point for corner;
469469 - THENCE North 51° 29' 10" West,21.95 feet to a point for corner;
470470 - THENCE North 74° 46' 16" West,24.92 feet to a point for corner;
471471 - THENCE South 68° 05' 35" West,26.22 feet to a point for corner;
472472 - THENCE South 04° 28' 48" East, 49.05 feet to a point for corner;
473473 - THENCE South 39° 20' 23" West,33.30 feet to a point for corner;
474474 - THENCE North 80° 06' 29" West,29.12 feet to a point for corner;
475475 - THENCE North 54° 19' 38" West,66.25 feet to a point for corner;
476476 - THENCE North 44° 00' 07" West,67.67 feet to a point for corner;
477477 - THENCE North 72° 28' 15" West,58.48 feet to a point for corner;
478478 - THENCE North 53° 00' 58" West,113.50 feet to a point for corner;
479479 - THENCE North 58° 32' 21" West,105.66 feet to a point for corner;
480480 - THENCE North 80° 46' 30" West,42.17 feet to a point for corner;
481481 - THENCE North 27° 39' 25" West,16.86 feet to a point for corner;
482482 - THENCE North 82° 42' 23" West, 43.55 feet to a point for corner at
483483 the Southwest corner of the herein described tract;
484484 THENCE North 04° 31' 09" West, 1299.57 feet to a set 3/4-inch
485485 iron rod with cap stamped "DANNENBAUM ENGINEERING" for corner at
486486 the Northwest corner of the herein described tract; also being in
487487 the South line of a certain called 0.275 acre tract of land conveyed
488488 to Montgomery County, Texas as recorded in File Number 2008-111022
489489 in the Official Public Records of Real Property, Montgomery County,
490490 Texas;
491491 THENCE North 86° 31 04" East with the South line of said 0.275
492492 acres tract, 492.66 feet to a set 3/4-inch iron rod with cap stamped
493493 "DANNENBAUM ENGINEERING" for the southeast corner of said 0.275
494494 acres tract, and being in the West line of that certain called 3.003
495495 acres tract of land conveyed to Montgomery County, Texas as
496496 recorded in File Number 2008-111021 of the Official Public Records
497497 of Real Property, Montgomery County, Texas;
498498 THENCE South 03° 28' 56" East with the West line of said 3.003
499499 acres tract, 100.00 feet to a set 3/4-inch iron rod with cap stamped
500500 "DANNENBAUM ENGINEERING" for the Southwest corner of said 3.003
501501 acres tract;
502502 THENCE North 86° 31' 04" East with the South line of said 3.003
503503 acres tract, 2,290.00 feet to a set 3/4 with cap stamped "DANNENBAUM
504504 ENGINEERING" for the Southeast corner of said 3.003 acres tract,
505505 and being the Southwest corner of that certain called 0.165 acres
506506 tract conveyed to Montgomery County, Texas as recorded in File
507507 Number 2008-111022 of the Official Public Records of Real Property,
508508 Montgomery County, Texas;
509509 THENCE North 86° 32' 59" East with the South line of said 0.165
510510 acres tract, 60.00 feet to a set 3/4-inch iron rod with cap stamped
511511 "DANNENBAUM ENGINEERING" for the Southeast corner of said 0.165
512512 acres tract;
513513 THENCE North 03° 28' 56" West with the East line of said 0.165
514514 acres tract, 120.00 feet to a set 3/4-inch iron rod with cap stamped
515515 "DANNENBAUM ENGINEERING" in the North line of said 548.300 acres
516516 tract, also being in the South line of that certain called 32.645
517517 acres tract of land conveyed to Montgomery County, as recorded in
518518 File Number 2007-102058 of the Official Public Records of Real
519519 Property, Montgomery County, Texas;
520520 THENCE North 86° 32' 59" East with the North line of said
521521 548.300 acres tract and the South line of said 32.645 acres tract of
522522 land, 94.65 feet to a set 3/4-iron rod with cap stamped "DANNENBAUM
523523 ENGINEERING" for the Southeast corner of said 7.479 acres tract,
524524 and being the beginning of a non-tangent curve to the right;
525525 THENCE along said curve to the right, having a radius of
526526 312.28, an arc length of 141.43 feet, a central angle of 25° 56' 53",
527527 and a chord bearing South 17° 28' 08" East, 140.22 feet to found
528528 1/2-inch iron rod with cap stamped "JEFF MOON RPLS 4639" for corner;
529529 THENCE South 04° 30' 58" East, 690.96 feet to found 1/2-inch
530530 iron rod with cap stamped "JEFF MOON RPLS 4639" for corner;
531531 THENCE North 85° 29' 02" East, 812.68 feet to found 1/2-inch
532532 iron rod with cap stamped "JEFF MOON RPLS 4639" for corner and the
533533 beginning of a tangent curve to the left;
534534 THENCE along said curve to the left, having a radius of
535535 250.00, an arc length of 312.69 feet, a central angle of 71° 39' 45",
536536 and a chord bearing North 49° 39' 08" East, 292.70 feet to found
537537 1/2-inch iron rod with cap stamped "JEFF MOON RPLS 4639" for corner;
538538 THENCE North 13° 49' 15" East, 580.62 feet to found 1/2-inch
539539 iron rod with cap stamped "JEFF MOON RPLS 4639" for corner and the
540540 beginning of a tangent curve to the left;
541541 THENCE along said curve to the left, having a radius of
542542 270.00, an arc length of 84.42 feet, a central angle of 17° 54' 53",
543543 and a chord bearing North 04° 51' 48" East, 84.08 feet to found
544544 1/2-inch iron rod with cap stamped "JEFF MOON RPLS 4639" for corner
545545 being in the North line of said 57.24 acres tract and the South line
546546 of that certain called 33.22 acres tract of land conveyed to Joseph
547547 Popowitz as recorded in File Number 2001-007697 in the Official
548548 Public Records of Real Property, Montgomery County, Texas;
549549 THENCE North 86° 27' 53" East, with the North line of said
550550 57.24 acre tract and the South line of said 33.22 acres tract,
551551 723.29 feet to a set 3/4-inch iron rod with cap stamped "DANNENBAUM
552552 ENGINEERING" for the Northeast corner of said 57.24 acres tract,
553553 also being the Northwest corner of said 3.5714 acres tract of land;
554554 THENCE North 86° 27' 53" East, with the North line of said
555555 3.5714 acres tract, 392.87 feet to POINT OF BEGINNING; containing
556556 210.64 acres of land, more or less.
557557 SECTION 3. (a) The legal notice of the intention to
558558 introduce this Act, setting forth the general substance of this
559559 Act, has been published as provided by law, and the notice and a
560560 copy of this Act have been furnished to all persons, agencies,
561561 officials, or entities to which they are required to be furnished
562562 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
563563 Government Code.
564564 (b) The governor, one of the required recipients, has
565565 submitted the notice and Act to the Texas Commission on
566566 Environmental Quality.
567567 (c) The Texas Commission on Environmental Quality has filed
568568 its recommendations relating to this Act with the governor,
569569 lieutenant governor, and speaker of the house of representatives
570570 within the required time.
571571 (d) The general law relating to consent by political
572572 subdivisions to the creation of districts with conservation,
573573 reclamation, and road powers and the inclusion of land in those
574574 districts has been complied with.
575575 (e) All requirements of the constitution and laws of this
576576 state and the rules and procedures of the legislature with respect
577577 to the notice, introduction, and passage of this Act have been
578578 fulfilled and accomplished.
579579 SECTION 4. This Act takes effect immediately if it receives
580580 a vote of two-thirds of all the members elected to each house, as
581581 provided by Section 39, Article III, Texas Constitution. If this
582582 Act does not receive the vote necessary for immediate effect, this
583583 Act takes effect September 1, 2015.
584584
585585 Pos. No. Name of Director
586586
587587 1 Jason Tramonte
588588
589589 2 Temple Brown
590590
591591 3 Steve Sample
592592
593593 4 Melissa Fitzgerald
594594
595595 5 Adam Cohen