By: Farney (Senate Sponsor - Schwertner) H.B. No. 4178
(In the Senate - Received from the House May 20, 2015;
May 21, 2015, read first time and referred to Committee on
Administration; May 24, 2015, reported favorably by the following
vote: Yeas 4, Nays 0; May 24, 2015, sent to printer.)
Click here to see the committee vote
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A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Williamson County Municipal Utility
District No. 31; 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 7934 to read as follows:
CHAPTER 7934. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 31
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7934.001. 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 Williamson County Municipal
Utility District No. 31.
Sec. 7934.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7934.003. 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. 7934.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7934.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction 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. 7934.005. 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. 7934.006. 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. 7934.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7934.052, directors serve
staggered four-year terms.
Sec. 7934.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, 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 7934.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7934.003 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 7934.003; 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. 7934.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7934.102. 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. 7934.103. 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. 7934.104. 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 or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction 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.
(d) The district shall convey the public roads constructed
by or on behalf of the district under Section 7934.103 to Williamson
County for ownership, operation, and maintenance by the county.
After the 12th anniversary of the date the county accepts
conveyance of the roads, the district shall maintain the public
roads located in the district, except that the county shall
maintain the east-west arterial roadway located in the district
north of the San Gabriel River and south of State Highway 29. The
district's obligation to maintain the public roads located in the
district ceases if all of the territory of the district is annexed
by a municipality.
Sec. 7934.105. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7934.151. 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 7934.153.
(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. 7934.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7934.151, 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. 7934.153. 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. 7934.201. 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. 7934.202. 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. 7934.203. 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 Williamson County Municipal Utility District
No. 31 initially includes all the territory contained in the
following area:
BEING 192.79 ACRES OF LAND OUT OF THE WILLIAM H. MONROE
SURVEY, ABSTRACT NUMBER 453, AND THE HENRY GARMES SURVEY, ABSTRACT
NO. 269, BOTH IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED OF
FIVE TRACTS: TRACT 1 BEING AN 80.68 ACRE REMAINDER OF AN 82.62 ACRE
TRACT, ERRONEOUSLY CALLED 62.62 ACRES; TRACT TWO BEING A PORTION OF
AN 86.67 ACRE TRACT; TRACT THREE BEING ALL OF A 2.00 ACRE TRACT; ALL
CONVEYED TO LANCE ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY
TRUST BY CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO.
2013046424 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS, THEREIN DESIGNATED AS "TRACT 1", "TRACT 2", AND "TRACT 5",
RESPECTIVELY; TRACT FOUR BEING A 34.746 ACRE REMAINDER OF A 43.00
ACRE TRACT OF LAND CONVEYED TO JOHN T. MASON BY INSTRUMENT OF RECORD
IN VOLUME 595, PAGE 288 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
TEXAS, THEREIN DESIGNATED AS "TRACT FOUR"; AND TRACT FIVE BEING A
7.517 ACRE REMAINDER OF A 43.00 ACRE TRACT CONVEYED TO JOAN GIDDENS
BY INSTRUMENT OF RECORD IN SAID VOLUME 595, PAGE 288, KNOWN THEREIN
AS "TRACT FIVE", WITH ON-HALF (1/2) INTEREST CONVEYED TO JOE P.
GIDDENS, SR. BY GIFT DEED OF RECORD IN DOCUMENT NUMBER 9513614 OF
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" rebar found for the northeast corner of
said 80.68 acre remainder of an 82.62 acre tract, the southeast
corner of Lot 2, Hamilton Subdivision, a subdivision of record in
Doc. No. 1993014740 of the Official Public Records of Williamson
County, Texas, the northeast corner of a 4.01 acre tract of land
conveyed to David Harp and Cynthia Marie Caughfield Harp by
instrument of record in Doc. No. 1996021719 of the Official Public
Records of Williamson County, and being in the westerly
right-of-way line of County Road 266 (R.O.W. varies), from which a
1/2" rebar found for the northwest corner of a 3.16 acre tract of
land conveyed to the Pedernales Electric Cooperative, Inc. by
instrument of record in Doc. No. 2006040305 of the Official Public
Records of Williamson County, Texas, the southwest corner of a 5.94
acre tract of land conveyed to Carolyn Miller and Leonard Miller by
deed of record in Volume 681, Page 342 of the Deed Records of
Williamson County, Texas, and being in the easterly right-of-way
line of said County Road 266, bears North 58°49'44" East a distance
of 35.72 feet; [Point of Beginning Coordinates:
Northing=10,202,718.53; Easting=3,075,492.25];
THENCE along the easterly line of the 80.68 acre remainder of
a 82.62 acre tract and the north, west and south lines of said 4.01
acre tract the following three (3) courses:
1. South 69°37'04" West a distance of 392.77 feet (record - South
69°37'30" West a distance of 392.83 feet) to a 1/2" rebar found for
the northwest corner of the 4.01 acre tract;
2. South 13°38'03" East a distance of 475.02 feet (record - South
13°37'24" East a distance of 475.21 feet) to a 1/2" rebar found for
the southwest corner of the 4.01 acre tract;
3. North 61°32'05" East a distance of 414.16 feet (record - North
61°32'44" East a distance of 414.36 feet) to a 1/2" rebar found for
the southeast corner of the 4.01 acre tract, and being in the
westerly right-of-way line of said County Road 266;
THENCE along the easterly line of the 80.68 acre remainder of
an 82.62 acre tract and the westerly right-of-way line of County
Road 266 the following nine (9) courses:
1. South 27°41'59" East a distance of 394.10 feet (record - South
27°41'30" East a distance of 394.00 feet) to a fence post found for
corner;
2. South 26°04'17" East a distance of 148.94 feet (record - South
26°00'57" East a distance of 148.99 feet) to a fence post found for
corner;
3. South 24°35'10" East a distance of 227.32 feet (record - South
24°39'50" East a distance of 227.37 feet) to a fence post found for
corner;
4. South 29°39'15" East a distance of 485.42 feet (record - South
29°38'20" East a distance of 485.28 feet) to a fence post found for
corner;
5. South 31°21'15" East a distance of 55.73 feet (record - South
31°21'11" East a distance of 55.75 feet) to a fence post found for
corner;
6. South 34°23'40" East a distance of 77.70 feet (record - South
34°21'13" East a distance of 77.71 feet) to a fence post found for
corner;
7. South 37°14'52" East a distance of 72.04 feet (record - South
37°16'25" East a distance of 72.07 feet) to a fence post found for
corner;
8. South 41°51'07" East a distance of 79.68 feet (record - South
41°50'42" East a distance of 79.65 feet) to a fence post found for
corner;
9. South 46°20'23" East a distance of 88.67 feet (record - South
46°21'47" East a distance of 88.66 feet) to a 60d nail found in the
base of a tree for an angle point in the easterly line of the 80.68
acre remainder of an 82.62 acre tract and being the northeast corner
of said 2.00 acre tract;
THENCE along the easterly line of the 2.00 acre tract and the
westerly right-of-way line of County Road 266 the following two (2)
courses:
1. South 51°52'18" East a distance of 50.97 feet (record - South
51°49'14" East a distance of 50.96 feet) to a 60d nail found in the
base of a tree;
2. South 51°43'04" East a distance of 165.73 feet (record - South
51°43'15" East a distance of 165.69 feet) to a steel fence post found
for corner for an angle point in the easterly line of the 80.68 acre
remainder of an 82.62 acre tract and being the southeast corner of
said 2.00 acre;
THENCE along the easterly line of the 80.68 acre remainder of
an 82.62 acre tract and the westerly right-of-way line of County
Road 266 the following thirteen (13) courses:
1. South 57°01'45" East a distance of 75.98 feet (record - South
57°00'29" East a distance of 75.96 feet) to a fence post found for
corner;
2. South 62°17'41" East a distance of 75.26 feet (record - South
62°21'51" East a distance of 75.19 feet) to a fence post found for
corner;
3. South 64°45'50" East a distance of 78.12 feet (record - South
64°46'15" East a distance of 78.10 feet) to a fence post found for
corner;
4. South 66°38'03" East a distance of 317.51 feet (record - South
66°37'21" East a distance of 317.49 feet) to a fence post found for
corner;
5. South 70°24'29" East a distance of 156.42 feet (record - South
70°25'04" East a distance of 156.38 feet) to a fence post found for
corner;
6. South 65°26'10" East a distance of 64.92 feet (record - South
65°25'45" East a distance of 64.95 feet) to a fence post found for
corner;
7. South 53°30'45" East a distance of 86.57 feet (record - South
53°22'44" East a distance of 86.54 feet) to a fence post found for
corner;
8. South 57°47'47" East a distance of 84.10 feet (record - South
57°53'40" East a distance of 84.04 feet) to a fence post found for
corner;
9. South 62°33'40" East a distance of 51.72 feet (record - South
62°33'13" East a distance of 51.75 feet) to a fence post found for
corner;
10. South 57°33'51" East a distance of 25.25 feet (record - South
57°29'07" East a distance of 25.22 feet) to a fence post found for
corner;
11. South 58°31'02" East a distance of 75.55 feet (record - South
58°31'52" East a distance of 75.57 feet) to a fence post found for
corner;
12. South 60°27'34" East a distance of 152.96 feet (record - South
60°27'42" East a distance of 152.97 feet) to a fence post found for
corner;
13. South 57°57'23" East a distance of 40.97 feet (record - South
58°00'42" East a distance of 40.88 feet) to a 1/2" rebar found for
the southeast corner of the 80.68 acre remainder of an 82.62 acre
tract and the northeast corner of said 86.67 acre "Tract 2";
THENCE along the easterly line of the 86.67 acre tract and the
westerly right-of-way line of County Road 266 the following sixteen
(13) courses:
1. South 58°00'16" East a distance of 134.29 feet (record - South
58°00'42" East a distance of 134.42 feet) to a fence post found for
corner;
2. South 58°42'01" East a distance of 93.89 feet (record - South
58°00'42" East a distance of 134.42 feet) to a 1/2" rebar found;
3. South 55°41'55" East a distance of 36.69 feet (record - South
55°39'14" East a distance of 36.72 feet) to a 1/2" rebar found;
4. South 57°23'18" East a distance of 77.00 feet (record - South
57°24'50" East a distance of 76.96 feet) to a 60d nail found in the
base of a tree;
5. South 59°52'58" East a distance of 163.67 feet (record - South
59°51'48" East a distance of 163.67 feet) to a 60d nail found in the
base of a tree;
6. South 56°53'38" East a distance of 47.23 feet (record - South
56°54'00" East a distance of 47.20 feet) to a 60d nail found in the
base of a tree;
7. South 51°53'59" East a distance of 181.09 feet (record - South
51°53'38" East a distance of 181.04 feet) to a 60d nail found in the
base of a tree;
8. South 47°28'03" East a distance of 36.60 feet (record - South
47°42'45" East a distance of 36.58 feet) to a 1/2" rebar found;
9. South 33°36'25" East a distance of 99.11 feet (record - South
33°37'41" East a distance of 99.11 feet) to a 1/2" rebar found;
10. South 36°25'01" East a distance of 31.64 feet (record - South
36°24'58" East a distance of 31.64 feet) to a 60d nail found in the
base of a tree;
11. South 33°10'54" East a distance of 89.81 feet (record - South
33°07'46" East a distance of 89.91 feet) to a 60d nail found in the
base of a tree;
12. South 43°21'48" East a distance of 165.76 feet (record - South
43°24'18" East a distance of 165.72 feet) to a 60d nail found in the
base of a tree;
13. South 32°09'56" East (record - South 32°04'55" East) a distance
of 125.64 feet to a calculated point
THENCE crossing through the 86.67 acre tract the following
three (3) courses:
1. South 67°04'21" West, a distance of 169.04 feet to a calculated
point;
2. South 66°30'58" West a distance of 2337.55 feet to a calculated
point;
3. South 86°26'35" West a distance of 317.04 feet to a calculated
point in the westerly line of the 86.67 acre tract, being the
southeast corner of a 6.669 acre tract of land conveyed to Emogene
M. Champion by instrument of record in Doc. No. 2008083903 of the
Official Public Records of Williamson County, Texas, also being in
the northerly line of Lot 7, High Gabriel East, Section 2, a
subdivision of record in Volume B, Pages 296-298 of the Plat Records
of Williamson County, Texas, and also being the approximate
centerline of the South San Gabriel River;
THENCE North 25°06'16" West (record - North 25°05'54" West),
along the westerly line of the 86.67 acre tract and the east line of
said 6.669 acre tract, a distance of 227.10 feet (record - 227.10
feet) to a 1/2" rebar set with plastic cap which reads "Baseline
Inc" for the northeast corner of the 6.669 acre tract and the
southeast corner of a 73.00 acre tract of land conveyed to Ina Dale
Craven by instrument of record in Volume 595, Page 288 of the Deed
Records of Williamson County, Texas, therein designated as "Tract
One";
THENCE North 05°28'53" West (record - North 05°28'53" West),
along the westerly line of the 86.67 acre tract and the east line of
said 43.00 acre tract, passing at a distance of 953.39 (record -
953.39 feet) a calculated point for the northwest corner of the
86.67 acre tract and the southwest corner of the 80.68 acre
remainder of an 82.62 acre tract, and continuing along the westerly
line of the 80.68 acre remainder of an 82.62 acre tract and the east
line of said 43.00 acre tract for a total distance of 1235.21 feet
(record - 1235.21 feet) to a 1/2" rebar found for the northeast
corner of the 43.00 acre tract and the southeast corner of a 38.24
acre tract of land conveyed to Emogene Champion by said instrument
of record in Volume 595, Page 288 of the Deed Records of Williamson
County, Texas, therein designated as "Tract Two";
THENCE along the westerly line of the 80.68 acre remainder of
an 82.62 acre tract and the east and north lines of said 38.24 acre
tract the following two (2) courses:
1. North 08°17'02" West a distance of 572.35 (record - North
08°18'15" West a distance of 572.29 feet) to a 1/2" rebar found for
the northeast corner of the 38.624 acre tract;
2. South 77°12'21" West a distance of 424.18 (record - South
77°13'07" West a distance of 424.14 feet) to a 1/2" rebar found for
the northeast corner of the 38.624 acre tract;
THENCE North 20°19'13" West (record - North 20°18'36" West),
along the westerly line of the 80.68 acre remainder of an 82.62 acre
tract, the east line of the 38.24 acre tract, and the east line of a
21.543 acre tract of land conveyed to Mark Mason by instrument of
record in Doc. No. 2007021744 of the Official Public Records of
Williamson County, Texas, a distance of 604.86 feet (record -
604.88 feet) to a 1/2" rebar found for the northeast corner of the
21.543 acre tract and the southeast corner of a 19.758 acre tract of
land conveyed to Michael W. Mason by instrument of record in Doc.
No. 2007021745 of the Official Public Records of Williamson County,
Texas;
THENCE North 20°35'14" West (record - North 20°35'47" West),
along the westerly line of the 80.68 acre remainder of an 82.62 acre
tract and the east line of said 19.758 acre tract, a distance of
459.92 feet (record - 459.96 feet) to a 1/2" rebar found for the
northeast corner of the 19.758 acre tract and the southeast corner
of said 34.746 acre remainder of a 43.00 acre tract;
THENCE South 68°55'24" West (record: South 69°49' West), along
the south line of the 34.746 acre remainder of a 43.00 acre tract
and the north line of the 19.758 acre tract, passing at a distance
of 872.22 feet (record: 872.22 feet) a calculated point for an angle
point in the north line of the 19.758 acre tract and being the
northeast corner of a 1.78 acre tract of land conveyed to Michael W.
Mason by instrument of record in Volume 1270, Page 205 of the
Official Records of Williamson County, Texas; from which a 1/2"
rebar found bears North 35°52'45" West a distance of 0.93 feet and
continue along the south line of the 34.746 acre remainder of a
43.00 acre tract and the north line of said 1.78 acre tract 390.37
feet further (record: 390.37 feet) to a calculated point for an
angle point in the north line of the 19.758 acre tract and being the
northwest corner of the 1.78 acre tract; from which a 1/2" rebar
found bears North 50°25'19" West a distance of 0.51 feet and
continuing along the south line of the 34.746 acre remainder of a
43.00 acre tract and the north line of the 19.758 acre tract and the
north line of a 22-foot wide Ingress and Egress Easement granted to
Michael W. Mason in said Volume 1270, Page 205 for a total distance
of 1583.30 feet to a TxDOT Type II concrete monument found for the
southwest corner of the 34.746 acre remainder of a 43 acre tract
known as "Tract Four" and being in the north line of the 19.758 acre
tract and also being in the east right-of-way line of said U.S. 183,
392.00 feet left of and perpendicular to E.C.S. 18656.50;
THENCE along the west line of the 34.746 acre remainder of a
43.00 acre tract and the east right-of-way line of U.S. 183 the
following four (4) courses:
1. Along the arc of a non-tangential curve to the right, having a
radius of 19608.00 feet (record: 19608.00 feet), a length of 491.38
feet (record: 491.44 feet), a delta angle of 01°26'09" (record:
01°26'10") and a chord, which bears North 21°50'37" West a distance
of 491.36 feet (record: North 21°56'28" West a distance of 491.43
feet) to a TxDOT Type II concrete monument found 392.00 feet left of
and perpendicular to E.C.S. 181+55.23 for a point of tangency;
2. North 21°07'32" West a distance of 11.23 feet (record: North
21°05'55" West a distance of 11.23 feet) to a 1/2" rebar set with
plastic cap, which reads "BASELINE, INC.", being 392.00 feet left
of and perpendicular to E.C.S. 181+44.00;
3. South 68°52'32" West a distance of 192.00 feet (record: South
68°54'09" West a distance of 192.00 feet to a calculated point
200.00 feet left of an perpendicular to E.C.S. 181+44.00; from
which a damaged TxDOT Type II concrete monument found bears North
16°55'25" East a distance of 0.27 feet;
4. North 21°03'51" West a distance of 400.41 feet (record: North
21°05'54" West a distance of 400.07 feet to a 1/2" rebar found for
the northwest corner of the 34.746 acre remainder of a 43.00 acre
tract and being the southwest corner of said 7.517 acre remainder of
a 43.00 acre tract, and also being in the east right-of-way line of
U.S. 183 (R.O.W. varies), being 200.00 feet left of and
perpendicular to Engineer's Centerline Station (E.C.S.) 177+43.93;
THENCE North 21°03'51" West (record: North 21°05'55" West),
along the west line of the 7.517 acre remainder of a 43.00 acre
tract and the east right-of-way line of said U.S. 183 a distance of
400.50 feet (record: 400.77 feet) to a 1/2" rebar found with cap,
which reads "SAM, INC." for the northwest corner of the 7.517 acre
remainder of a 43.00 acre tract and being the southwest corner of
the remainder of a 1.533 acre tract of land conveyed to the City of
Liberty Hill, Texas by instrument of record in Document Number
2012032250 of the Official Public Records of Williamson County,
Texas, being known therein as "Tract 2" and being 200 feet left of
and perpendicular to E.C.S. 173+43.16;
THENCE North 68°55'20" East (record: North 68°55'49" East),
along the north line of the 7.517 acre remainder of a 43.00 acre
tract and the south line of said remainder of a 1.533 acre tract a
distance of 731.95 feet to a 1/2" rebar found with plastic cap
(illegible) for the west corner of a 0.026 of one acre tract of land
conveyed to the City of Liberty Hill, Texas in said Document Number
2012032250 and known therein as "Tract 4" for a point of curvature;
THENCE along the north line of the 7.517 acre remainder of a
43.00 acre tract and the south line of said 0.026 of one acre tract,
being a tangential curve to the left, having a radius of 50.00 feet
(record: 50.00 feet), a length of 92.54 feet (record: 92.71 feet), a
delta angle of 106°02'34" (record: 106°14'28") and a chord, which
bears North 68°56'26" East a distance of 79.89 feet (record: North
68°56'35" East a distance of 79.99 feet) to a 1/2" rebar found with
plastic cap (illegible) for the east corner of the 0.026 of one acre
tract and being in the south line of the remainder of a 1.533 acre
tract for a point of tangency;
THENCE North 68°25'29" East (record: North 68°55'49" East),
along the north line of the 7.517 acre remainder of a 43.00 acre
tract and the south line of the 1.533 acre tract a distance of 9.75
feet (record: 9.66 feet) to a 1/2" rebar found with plastic cap,
which reads "LCRA" for the northeast corner of the 7.517 acre
remainder of a 43.00 acre tract and being the southeast corner of
the remainder of a 1.533 acre tract and also being in the west line
of a 20.000 acre tract of land conveyed to City of Liberty Hill,
Texas by instrument of record in said Document Number 2012032250
and known therein as "Tract 1", from which a 1/2" rebar found with
plastic cap, which reads "LCRA" for the northeast corner of the
remainder of a 1.533 acre tract and being in the west line of said
20.000 acre tract bears North 20°40'12" West a distance of 59.98
feet (record: North 20°40'03" West a distance of 60.00 feet);
THENCE South 20°40'12" East (record: South 20°40'03" East),
along the east line of the 7.517 acre remainder of a 43.00 acre
tract and the west line of the 20.000 acre tract a distance of
400.69 feet to a 1/2" rebar found with plastic cap, which reads
"LCRA" for the southeast corner of the 7.517 acre remainder of a
43.00 acre tract, the southwest corner of the 20.000 acre tract and
also being in the north line of the 34.746 acre remainder of a 43.00
acre tract;
THENCE North 68°55'49" East (record: North 69°49' East), along
the north line of the 34.746 acre remainder of a 43.00 acre tract
and the south line of the 20.000 acre tract, a distance of 968.87
feet (record - 968.86 feet) to a 1/2" rebar found for the northeast
corner of the 34.746 acre remainder of a 43.00 acre tract, the
southeast corner of the 20.000 acre tract, and being in the westerly
line of the 80.68 acre remainder of an 82.82 acre tract;
THENCE North 20°42'08" West (record - North 20°39'06" West),
along the westerly line of the 80.68 acre remainder of an 82.62 acre
tract and the east line of the 20.000 acre tract, a distance of
294.56 feet to a calculated point for the northwest corner of the
80.68 acre remainder of an 82.62 acre tract and the southwest corner
of said Lot 2, Hamilton Subdivision;
THENCE along the north line of the 80.68 acre remainder of an
82.62 acre tract and the south line of Lot 2, Hamilton Subdivision,
the following six (6) courses:
1. North 70°41'00" East a distance of 397.85 (record - North
70°41'56" East a distance of 396.79) to a 1/2" rebar found;
2. North 66°15'13" East a distance of 161.71 (record - North
66°16'09" East a distance of 161.69) to a 1/2" rebar found;
3. North 54°02'41" East a distance of 58.65 (record - North
54°00'09" East a distance of 58.66) to a 1/2" rebar found;
4. North 65°58'55" East a distance of 94.57 (record - North
66°07'09" East a distance of 94.66) to a 1/2" rebar found;
5. North 89°16'53" East a distance of 39.31 (record - North
89°06'09" East a distance of 94.24) to a 1/2" rebar found;
6. North 72°09'38" East a distance of 259.54 (record - North
72°10'09" East a distance of 259.64) to the POINT OF BEGINNING.
This tract contains 192.79 acres of land, more or less, out of
the William H. Monroe Survey, Abstract Number 453, and the Henry
Garmes Survey, Abstract no. 269, both in Williamson County, Texas.
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
7934, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7934.106 to read as follows:
Sec. 7934.106. 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 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.
* * * * *