By: Farney (Senate Sponsor - Schwertner) H.B. No. 4204
(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
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Williamson County Municipal Utility
District No. 33; 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 7959 to read as follows:
CHAPTER 7959. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 33
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7959.001. 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. 33.
Sec. 7959.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7959.003. 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. 7959.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7959.003
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. 7959.005. 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. 7959.006. 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. 7959.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7959.052, directors serve
staggered four-year terms.
Sec. 7959.052. 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 7959.003; 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 7959.003 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 7959.003; 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. 7959.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7959.102. 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. 7959.103. 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. 7959.104. 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 7959.103 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. 7959.105. 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. 7959.151. 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 7959.153.
(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. 7959.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7959.151, 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. 7959.153. 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. 7959.201. 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. 7959.202. 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. 7959.203. 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. 33 initially includes all the territory contained in the
following area:
TRACT 1:
BEING 103.78 ACRES OF LAND OUT OF THE HENRY GARMES SURVEY,
ABSTRACT NO. 269, IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED
OF TWO TRACTS: TRACT ONE BEING ALL OF A 25.32 ACRE TRACT, AND TRACT
TWO BEING A PORTION OF A 217.19 ACRE TRACT, BOTH 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 3B, AND "TRACT 6" RESPECTIVELY, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" rebar found for an angle point in the
easterly line of said 217.19 acre tract, being the southwest corner
of a 5.00 acre tract of land conveyed to Victor E. Landig, Jr. and
Cathy Jayne Landig by instrument of record in Doc. No. 2006029147
of the Official Public. Records of Williamson County, from which a
1/2" rebar found for the northwest corner of said 5.00 acre tract
and the southwest corner of a remainder of a 76.97 tract of land
conveyed to Alice Catherine Alexander by deed of record in Volume
611, Page 699 of the Deed Records of Williamson County, Texas, bears
North 22°03'28" West a distance of 560.54 feet (record - North
22°03'22" West a distance of 560.34 feet); [Point of Beginning
Coordinates: Northing=10,199,823.40; Easting=3,079,831.80];
THENCE North 68°33'37" East (record - North 68°33'32" East),
along the easterly line of the 217.19 acre tract and the south line
of the 5.00 acre tract, a distance of 438.82 feet (record - 438.82
feet) to a 1/2" rebar set with plastic cap which reads "Baseline
Inc" for the southeast corner of the 5.00 acre tract and the
southwest corner of a 5.865 acre tract of land conveyed to April D.
Goldston by instrument of record in Doc. No. 2010062124 of the
Official Public. Records of Williamson County;
THENCE along the easterly line of the 217.19 acre tract and
the south line of said 5.865 acre tract, the following two (2)
courses:
1. North 68°35'59" East a distance of 263.12 feet (record -
North 68°35'54" East a distance of 463.32 feet) to a 1/2" rebar
found;
2. North 68°42'39" East a distance of 623.44 feet (record -
North 68°41'15" East a distance of 623.24 feet) to a 1/2" rebar found
for the southeast corner of the 5.865 acre tract, being an angle
point in the easterly line of the 217.19 acre tract, and being in
the west right-of-way line of County Road 267
(R.O.W. varies);
THENCE along the easterly line of the 217.19 acre tract and
the west right-of-way line of said County Road 267, the following
six (6) courses:
1. South 16°04'02" West a distance of 826.82 feet (record -
South 16°03'22" West a distance of 826.66 feet) to a 1/2" rebar
found;
2. South 17°35'30" West a distance of 373.19 feet (record -
South 17°34'53" West a distance of 373.41 feet) to a 1/2" rebar
found;
3. South 17°40'03" West a distance of 516.92 feet (record -
South 17°40'17" West a distance of 516.79 feet) to a 1/2" rebar
found;
4. South 17°45'01" West a distance of 365.35 feet (record -
South 17°44'20" West a distance of 365.35 feet) to a 1/2" rebar
found;
5. South 16°35'03" West a distance of 191.68 feet (record -
South 16°33'50" West a distance of 191.67 feet) to an iron pipe
found;
6. South 14°36'17" West a distance of 170.36 feet (record -
South 14°37'23" West a distance of 170.49 feet) to a 1/2" rebar found
for the southeast corner of the 217.19 acre tract, the northeast
corner of said 25.32 acre tract, and also being the northeast corner
of a 10.00 acre tract of land conveyed to A.S. Event Center by
instrument of record in Doc. No. 2003090619 of the Official Public.
Records of Williamson County;
THENCE along the easterly line of the 25.32 acre tract and the
north, west and south lines of said 10.00 acre tract, the following
three (3) courses:
1. South 66°27'07" West a distance of 852.12 feet (record -
South 66°28'39" West a distance of 852.23 feet) to a 1/2" rebar found
for the northwest corner of the 10.00 acre tract;
2. South 05°44'14" West a distance of 604.88 feet (record -
South 05°43'19" West a distance of 605.96 feet) to a 1/2" rebar found
for the southwest corner of the 10.00 acre tract;
3. North 87°19'10" East a distance of 465.08 feet (record -
North 87°18'08" East a distance of 465.08 feet) to a 1/2" rebar found
for the southeast corner of the 10.00 acre tract in the west
right-of-way line of County Road 267;
THENCE South 17°31'00" West (record - South 17°28'56" West),
along the easterly line of the 25.32 acre tract and the west
right-of-way line of County Road 267, a distance of 335.09 feet
(record - 335.09 feet) to a 60d nail found in a fence post for the
southeast corner of the 25.32 acre tract, and being the point of
intersection of the west right-of-way line of County Road 267 and
the northerly right-of-way line of County Road 266 (R.O.W. varies);
THENCE along the southerly line of the 25.32 acre tract and
the northerly right-of-way line of said County Road 266, the
following seven (7) courses:
1. South 51°44'53" West a distance of 55.21 feet (record -
South 51°46'03" West a distance of 55.18 feet) to a 60d nail found in
the base of a tree;
2. South 80°09'00" West a distance of 44.98 feet (record -
South 79°58'15" West a distance of 44.18 feet) to a 60d nail found in
the base of a tree;
3. North 82°18'12" West a distance of 179.19 feet (record -
North 82°22'43" West a distance of 179.96 feet) to a 1/2" rebar
found;
4. North 82°07'47" West a distance of 341.84 feet (record -
North 82°06'23" West a distance of 341.86 feet) to a 1/2" rebar
found;
5. North 76°20'42" West a distance of 83.65 feet (record -
North 73°27'42" West a distance of 83.69 feet) to a 60d nail found in
the base of a tree;
6. North 74°46'28" West a distance of 70.00 feet (record -
North 74°47'12" West a distance of 69.92 feet) to a 1/2" rebar found;
7. North 73°56'43" West a distance of 113.46 feet (record -
North 74°00'03" West a distance of 113.52 feet) to a 1/2" rebar found
for the southwest corner of the 25.32 acre tract;
THENCE along the westerly line of the 25.32 acre tract and the
easterly right-of-way line of County Road 266, the following seven
(7) courses:
1. North 24°25'57" West a distance of 93.03 feet (record -
North 24°30'30" West a distance of 92.81 feet) to a 60d nail found in
the base of a tree;
2. North 17°11'25" West a distance of 443.82 feet (record -
North 17°10'08" West a distance of 444.10 feet) to a 1/2" rebar
found;
3. North 14°23'15" West a distance of 103.26 feet (record -
North 14°20'12" West a distance of 103.28 feet) to a 1/2" rebar
found;
4. North 08°37'57" West a distance of 75.27 feet (record -
North 08°31'48" west a distance of 75.28 feet) to a 60d nail found in
the base of a tree;
5. North 08°13'20" West a distance of 152.73 feet (record -
North 08°20'03" West a distance of 152.64 feet) to a 1/2" rebar
found;
6. North 03°21'57" East a distance of 152.83 feet (record -
North 03°21'04" East a distance of 152.82 feet) to a 60d nail found
in the base of a tree;
7. North 03°09'03" East a distance of 177.62 feet (record -
North 03°08'01" East a distance of 177.62 feet) to a 1/2" rebar found
for the northwest corner of the 25.32 acre tract and the southwest
corner of the 217.19 acre tract;
THENCE along the westerly line of the 217.19 acre tract and
the easterly right-of-way line of County Road 266, the following
thirty thirteen (13) courses:
1. North 03°09'58" East a distance of 127.35 feet (record -
North 03°12'45" East a distance of 127.22 feet) to a 60d nail found;
2. North 00°48'25" East a distance of 132.62 feet (record -
North 00°48'27" East a distance of 132.67 feet) to a 1/2" rebar
found;
3. North 70°13'23" West a distance of 14.05 feet (record -
North 70°23'56" West a distance of 14.03 feet) to a 1/2" rebar found;
4. North 03°28'12" East a distance of 45.34 feet (record -
North 03°26'17" East a distance of 45.34 feet) to a 1/2" rebar found;
5. North 03°58'46° East a distance of 154.32 feet (record -
North 03°58'14" East a distance of 154.28 feet) to a 1/2" rebar
found;
6. North 04°18'06" East a distance of 59.61 feet (record -
North 04°18'41" East a distance of 59.67 feet) to a 1/2" rebar found;
7. North 09°03'35" East a distance of 325.14 feet (record -
North 09°02'50" East a distance of 325.07 feet) to a 1/2" rebar
found;
8. North 09°04'57" East a distance of 84.09 feet (record -
North 09°05'17" East a distance of 84.06 feet) to a 1/2" rebar found;
9. North 00°25'19' East a distance of 51.00 feet (record -
North 00°16'21" East a distance of 51.03 feet) to a 1/2" rebar found;
10. North 03°12'51" West a distance of 41.32 feet (record -
North 02°55'40" West a distance of 41.25 feet) to a 60d nail found;
11. North 08°52'38" West a distance of 59.36 feet (record -
North 08°59'25" West a distance of 59.42 feet) to a 1/2" rebar found;
12. North 21°53'31" West a distance of 108.62 feet (record -
North 21°49'14" West a distance of 108.75 feet) to a 1/2" rebar
found;
13. North 29°55'12" West (record - North 29°51'30" West) a
distance of 243.38 feet to a calculated point, from which a 1/2"
rebar found for an angle point in the westerly line of the 217.19
acre tract and the easterly right-of-way line of County Road 266,
bears North 29°55'12" West (record - North 29°51'30" West) a distance
of 20.03 feet;
THENCE crossing through the 217.19 acre tract the following
two (2) courses:
1. North 67°04'21" East a distance of 357.92 feet to a
calculated point;
2. North 68°51'37" East a distance of 844.71 feet to the
POINT OF BEGINNING, and containing 103.78 acres of land, more or
less, out of the Henry Garmes Survey, Abstract no. 269, in
Williamson County, Texas.
TRACT 2:
BEING 80.17 ACRES OF LAND OUT OF THE HENRY GARMES SURVEY,
ABSTRACT NO. 269, IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED
OF TWO TRACTS: TRACT ONE BEING A PORTION OF AN 86.67 ACRE TRACT, AND
TRACT TWO BEING ALL OF A 61.35 ACRE TRACT, BOTH 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 2" AND "TRACT 3A' RESPECTIVELY, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 60d nail found in the base of a tree in the
easterly line of said 61.35 acre tract and the westerly
right-of-way line of County Road 266 (R.O.W. varies) [Point of
Beginning Coordinates: Northing=10,196,888.73; Easting=
3,078,918.32];
THENCE South 29°51'22" West (record - South 29°53'52" West),
along the easterly line of the 61.35 acre tract and the westerly
right-of-way line of said County Road 266, passing at a distance of
84.99 feet (record - 84.97 feet) a 1/2" rebar found, and continuing
for a total distance of 200.88 feet (record - 200.88 feet) to a
calculated point in the approximate centerline of the South San
Gabriel River, for the southeast corner of the 61.35 acre tract, and
being in the north line of Lot 47, South San Gabriel Ranches, a
subdivision of record in Volume B, Pages 86-87 of the Plat Records
of Williamson County, Texas;
THENCE along the southwesterly line of the 61.35 acre tract,
the northerly line of said South San Gabriel Ranches, and along the
approximate centerline of said South San Gabriel River the
following two (2) courses:
1. North 61°18'12" West a distance of 210.89 (record - North
61°17'50" West a distance of 210.89) to a calculated point;
2. North 60°47'01" West a distance of 184.01 (record - North
60°46'39" West a distance of 184.01) to a calculated point in the
north line of Lot 1, South San Gabriel Ranches;
THENCE North 58°57'38" West (record - North 58°58'11" West),
along the southwesterly line of the 61.35 acre tract, the northerly
line of South San Gabriel Ranches, along the northerly line of High
Gabriel East, Section 1, a subdivision of record in Volume B, Pages
254-255 of the Plat Records of Williamson County, Texas, and also
along the approximate centerline of the South San Gabriel River a
distance of 1141.31 (record - 1141.01 feet) to a calculated point in
the north line of Lot 9, of said High Gabriel East, Section 1;
THENCE North 53°23'04" West (record - North 53°22'42" West),
along the southwesterly line of the 61.35 acre tract, the north line
of High Gabriel East, Section 1, along the northerly line of 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
along the approximate centerline of the South San Gabriel River a
distance of 520.13 (record - 520.13 feet) to a calculated point in
the north line of Lot 1, of said High Gabriel East, Section 2;
THENCE North 60°21'43" West (record - North 60°21'21" West),
along the southwesterly line of the 61.35 acre tract, the westerly
line of the 86.67 acre tract, the northerly line of High Gabriel
East, Section 2, and along the approximate centerline of the South
San Gabriel River, a distance of 991.15 feet (record - 991.15 feet)
to a calculated point in the north line of Lot 6, of said High
Gabriel East, Section 2;
THENCE North 73°06'31" West (record - North 73°06'09" West),
along the westerly line of the 86.67 acre tract, the northerly line
of High Gabriel East, Section 2, and along the approximate
centerline of the South San Gabriel River, a distance of 169.18 feet
(record - 169.18 feet) to a calculated point for 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, and being in the
northerly line of Lot 7, of High Gabriel East, Section 2;
THENCE crossing through the 86.67 acre tract the following
three (3) courses:
1. North 86°26'35" East a distance of 317.04 feet to a
calculated point;
2. North 66°30'58" East a distance of 2337.55 feet to a
calculated point;
3. North 67°04'21" East a distance of 269.04 feet to a
calculated point in the east line of the 86.67 acre tract and the
westerly right-of-way line of County Road 266, from which a 60d nail
found in the base of a tree for an angle point in the east line of
the 86.67 acre tract and the westerly right-of-way line of County
Road 266, bears North 32°09'56" West (record - North 32°04'55" West)
a distance of 125.54 feet;
THENCE along the east line of the 86.67 acre tract and the
westerly right-of-way line of County Road 266, the following four
(4) courses:
1. South 32°09'56" East (record - South 32°04'55" East) a
distance of 172.79 feet to a 1/2" rebar found;
2. South 24°39'36" East a distance of 130.90 feet (record -
South 24°40'25" East a distance of 130.83 feet) to a 60d nail found
in the base of a tree;
3. South 18°45'47" East a distance of 48.38 feet (record -
South 18°51'04" East a distance of 48.40 feet) to a 60d nail found in
the base of a tree;
4. South 12°11'02" East a distance of 25.73 feet (record -
South 12°06'15" East a distance of 25.85 feet) to a 1/2" rebar found
for the southeast corner of the 86.67 acre tract and the northeast
corner of said 61.35 acre tract;
THENCE along the easterly line of the 61.35 acre tract and the
westerly right-of-way line of County Road 266 the following
thirteen (13) courses:
1. South 12°10'36" East a distance of 37.58 feet (record -
South 12°06'15" East a distance of 37.46 feet) to a 60d nail found in
the base of a tree;
2. South 04°05'37" East a distance of 39.38 feet (record -
South 04°03'42" East a distance of 39.37 feet) to a 60d nail found in
the base of a tree;
3. South 08°51'22" West a distance of 377.06 feet (record -
South 08°50'15" West a distance of 376.99 feet) to a 60d nail found
in the base of a tree;
4. South 67°58'02" West a distance of 11.20 feet (record -
South 67°40'51" West a distance of 11.11 feet) to a 60d nail found in
the base of a tree;
5. South 02°40'01" West a distance of 280.55 feet (record -
South 02°42'46" West a distance of 280.54 feet) to a 60d nail found
in the base of a tree;
6. South 00°33'19" West a distance of 242.63 feet (record -
South 00°31'17" West a distance of 242.70 feet) to a 1/2" rebar
found;
7. South 02°17'45" West a distance of 378.35 feet (record -
South 02°19'20" West a distance of 378.31 feet) to a 60d nail found
in the base of a tree;
8. South 01°07'22" East a distance of 173.37 feet (record -
South 01°14'59" East a distance of 173.37 feet) to a 1/2" rebar
found;
9. South 20°38'34" East a distance of 141.41 feet (record -
South 20°38'50" East a distance of 141.39 feet) to a 1/2" rebar
found;
10. South 14°23'21" East a distance of 158.55 feet (record -
South 14°20'44" East a distance of 158.60 feet) to a 60d nail found
in the base of a tree;
11. South 10°38"15" East a distance of 12.99 feet (record -
South 10°39'10" East a distance of 12.99 feet) to a 1/2" rebar found;
12. South 14°47'56" East a distance of 32.45 feet (record -
South 14°48'48" East a distance of 32.47 feet) to a 1/2" rebar found;
13. South 13°14'54" East a distance of 286.23 feet (record -
South 13°15'49" East a distance of 286.23 feet) to the POINT OF
BEGINNING, and containing 80.17 acres of land, more or less, out of
the Henry Garmes Survey, Abstract no. 269, 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
7959, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7959.106 to read as follows:
Sec. 7959.106. 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.
* * * * *