Texas 2015 - 84th Regular

Texas Senate Bill SB2024 Compare Versions

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11 By: Creighton S.B. No. 2024
22 (In the Senate - Filed March 31, 2015; April 1, 2015, read
33 first time and referred to Committee on Intergovernmental
44 Relations; May 6, 2015, reported adversely, with favorable
55 Committee Substitute by the following vote: Yeas 5, Nays 0;
66 May 6, 2015, sent to printer.)
77 Click here to see the committee vote
88 COMMITTEE SUBSTITUTE FOR S.B. No. 2024 By: Lucio
99
1010
1111 A BILL TO BE ENTITLED
1212 AN ACT
1313 relating to the creation of the Montgomery-Grimes Counties
1414 Municipal Utility District No. 146; granting a limited power of
1515 eminent domain; providing authority to issue bonds; providing
1616 authority to impose assessments, fees, and taxes.
1717 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1818 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1919 Code, is amended by adding Chapter 7906 to read as follows:
2020 CHAPTER 7906. MONTGOMERY-GRIMES COUNTIES MUNICIPAL UTILITY
2121 DISTRICT NO. 146
2222 SUBCHAPTER A. GENERAL PROVISIONS
2323 Sec. 7906.001. DEFINITIONS. In this chapter:
2424 (1) "Board" means the district's board of directors.
2525 (2) "Commission" means the Texas Commission on
2626 Environmental Quality.
2727 (3) "Director" means a board member.
2828 (4) "District" means the Montgomery-Grimes Counties
2929 Municipal Utility District No. 146.
3030 Sec. 7906.002. NATURE OF DISTRICT. The district is a
3131 municipal utility district created under Section 59, Article XVI,
3232 Texas Constitution.
3333 Sec. 7906.003. CONFIRMATION AND DIRECTORS' ELECTION
3434 REQUIRED. The temporary directors shall hold an election to
3535 confirm the creation of the district and to elect five permanent
3636 directors as provided by Section 49.102, Water Code.
3737 Sec. 7906.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
3838 temporary directors may not hold an election under Section 7906.003
3939 until each municipality in whose corporate limits or
4040 extraterritorial jurisdiction the district is located has
4141 consented by ordinance or resolution to the creation of the
4242 district and to the inclusion of land in the district.
4343 (b) Municipal consent to the creation of the district and to
4444 the inclusion of land in the district granted under this section
4545 acts as municipal consent to the creation of any new district
4646 created by the division of the district and to the inclusion of land
4747 in the new district.
4848 Sec. 7906.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4949 (a) The district is created to serve a public purpose and benefit.
5050 (b) The district is created to accomplish the purposes of:
5151 (1) a municipal utility district as provided by
5252 general law and Section 59, Article XVI, Texas Constitution; and
5353 (2) Section 52, Article III, Texas Constitution, that
5454 relate to the construction, acquisition, improvement, operation,
5555 or maintenance of macadamized, graveled, or paved roads, or
5656 improvements, including storm drainage, in aid of those roads.
5757 Sec. 7906.006. INITIAL DISTRICT TERRITORY. (a) The
5858 district is initially composed of the territory described by
5959 Section 2 of the Act enacting this chapter.
6060 (b) The boundaries and field notes contained in Section 2 of
6161 the Act enacting this chapter form a closure. A mistake made in the
6262 field notes or in copying the field notes in the legislative process
6363 does not affect the district's:
6464 (1) organization, existence, or validity;
6565 (2) right to issue any type of bond for the purposes
6666 for which the district is created or to pay the principal of and
6767 interest on a bond;
6868 (3) right to impose a tax; or
6969 (4) legality or operation.
7070 SUBCHAPTER B. BOARD OF DIRECTORS
7171 Sec. 7906.051. GOVERNING BODY; TERMS. (a) The district is
7272 governed by a board of five elected directors.
7373 (b) Except as provided by Section 7906.052, directors serve
7474 staggered four-year terms.
7575 Sec. 7906.052. TEMPORARY DIRECTORS. (a) On or after
7676 September 1, 2015, the owner or owners of a majority of the assessed
7777 value of the real property in the district may submit a petition to
7878 the commission requesting that the commission appoint as temporary
7979 directors the five persons named in the petition. The commission
8080 shall appoint as temporary directors the five persons named in the
8181 petition.
8282 (b) Temporary directors serve until the earlier of:
8383 (1) the date permanent directors are elected under
8484 Section 7906.003; or
8585 (2) September 1, 2019.
8686 (c) If permanent directors have not been elected under
8787 Section 7906.003 and the terms of the temporary directors have
8888 expired, successor temporary directors shall be appointed or
8989 reappointed as provided by Subsection (d) to serve terms that
9090 expire on the earlier of:
9191 (1) the date permanent directors are elected under
9292 Section 7906.003; or
9393 (2) the fourth anniversary of the date of the
9494 appointment or reappointment.
9595 (d) If Subsection (c) applies, the owner or owners of a
9696 majority of the assessed value of the real property in the district
9797 may submit a petition to the commission requesting that the
9898 commission appoint as successor temporary directors the five
9999 persons named in the petition. The commission shall appoint as
100100 successor temporary directors the five persons named in the
101101 petition.
102102 SUBCHAPTER C. POWERS AND DUTIES
103103 Sec. 7906.101. GENERAL POWERS AND DUTIES. The district has
104104 the powers and duties necessary to accomplish the purposes for
105105 which the district is created.
106106 Sec. 7906.102. MUNICIPAL UTILITY DISTRICT POWERS AND
107107 DUTIES. The district has the powers and duties provided by the
108108 general law of this state, including Chapters 49 and 54, Water Code,
109109 applicable to municipal utility districts created under Section 59,
110110 Article XVI, Texas Constitution.
111111 Sec. 7906.103. AUTHORITY FOR ROAD PROJECTS. Under Section
112112 52, Article III, Texas Constitution, the district may design,
113113 acquire, construct, finance, issue bonds for, improve, operate,
114114 maintain, and convey to this state, a county, or a municipality for
115115 operation and maintenance macadamized, graveled, or paved roads, or
116116 improvements, including storm drainage, in aid of those roads.
117117 Sec. 7906.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
118118 road project must meet all applicable construction standards,
119119 zoning and subdivision requirements, and regulations of each
120120 municipality in whose corporate limits or extraterritorial
121121 jurisdiction the road project is located.
122122 (b) If a road project is not located in the corporate limits
123123 or extraterritorial jurisdiction of a municipality, the road
124124 project must meet all applicable construction standards,
125125 subdivision requirements, and regulations of each county in which
126126 the road project is located.
127127 (c) If the state will maintain and operate the road, the
128128 Texas Transportation Commission must approve the plans and
129129 specifications of the road project.
130130 Sec. 7906.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
131131 OR RESOLUTION. (a) The district shall comply with all applicable
132132 requirements of any ordinance or resolution that is adopted under
133133 Section 54.016 or 54.0165, Water Code, and that consents to the
134134 creation of the district or to the inclusion of land in the
135135 district.
136136 (b) Section 54.016(f), Water Code, does not apply to the
137137 district.
138138 Sec. 7906.106. DIVISION OF DISTRICT. (a) The district may
139139 be divided into two or more new districts only if the district:
140140 (1) has no outstanding bonded debt; and
141141 (2) is not imposing ad valorem taxes.
142142 (b) This chapter applies to any new district created by the
143143 division of the district, and a new district has all the powers and
144144 duties of the district.
145145 (c) Any new district created by the division of the district
146146 may not, at the time the new district is created, contain any land
147147 outside the area described by Section 2 of the Act creating this
148148 chapter.
149149 (d) The board, on its own motion or on receipt of a petition
150150 signed by the owner or owners of a majority of the assessed value of
151151 the real property in the district, may adopt an order dividing the
152152 district.
153153 (e) The board may adopt an order dividing the district
154154 before or after the date the board holds an election under Section
155155 7906.003 to confirm the creation of the district and before or after
156156 an election under Section 7906.151 to authorize the issuance of
157157 bonds.
158158 (f) An order dividing the district must:
159159 (1) name each new district;
160160 (2) include the metes and bounds description of the
161161 territory of each new district;
162162 (3) appoint temporary directors for each new district;
163163 and
164164 (4) provide for the division of assets and liabilities
165165 between or among the new districts.
166166 (g) On or before the 30th day after the date of adoption of
167167 an order dividing the district, the district shall file the order
168168 with the commission and record the order in the real property
169169 records of each county in which the district is located.
170170 (h) Any new district created by the division of the district
171171 shall hold a confirmation and directors' election as required by
172172 Section 7906.003.
173173 (i) Any new district created by the division of the district
174174 must hold an election as required by this chapter to obtain voter
175175 approval before the district may impose a maintenance tax or issue
176176 bonds payable wholly or partly from ad valorem taxes.
177177 (j) If the creation of the new district is confirmed, the
178178 new district shall provide the election date and results to the
179179 commission.
180180 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
181181 Sec. 7906.151. ELECTIONS REGARDING TAXES OR BONDS.
182182 (a) The district may issue, without an election, bonds and other
183183 obligations secured by:
184184 (1) revenue other than ad valorem taxes; or
185185 (2) contract payments described by Section 7906.153.
186186 (b) The district must hold an election in the manner
187187 provided by Chapters 49 and 54, Water Code, to obtain voter approval
188188 before the district may impose an ad valorem tax or issue bonds
189189 payable from ad valorem taxes.
190190 (c) The district may not issue bonds payable from ad valorem
191191 taxes to finance a road project unless the issuance is approved by a
192192 vote of a two-thirds majority of the district voters voting at an
193193 election held for that purpose.
194194 Sec. 7906.152. OPERATION AND MAINTENANCE TAX. (a) If
195195 authorized at an election held under Section 7906.151, the district
196196 may impose an operation and maintenance tax on taxable property in
197197 the district in accordance with Section 49.107, Water Code.
198198 (b) The board shall determine the tax rate. The rate may not
199199 exceed the rate approved at the election.
200200 Sec. 7906.153. CONTRACT TAXES. (a) In accordance with
201201 Section 49.108, Water Code, the district may impose a tax other than
202202 an operation and maintenance tax and use the revenue derived from
203203 the tax to make payments under a contract after the provisions of
204204 the contract have been approved by a majority of the district voters
205205 voting at an election held for that purpose.
206206 (b) A contract approved by the district voters may contain a
207207 provision stating that the contract may be modified or amended by
208208 the board without further voter approval.
209209 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
210210 Sec. 7906.201. AUTHORITY TO ISSUE BONDS AND OTHER
211211 OBLIGATIONS. The district may issue bonds or other obligations
212212 payable wholly or partly from ad valorem taxes, impact fees,
213213 revenue, contract payments, grants, or other district money, or any
214214 combination of those sources, to pay for any authorized district
215215 purpose.
216216 Sec. 7906.202. TAXES FOR BONDS. At the time the district
217217 issues bonds payable wholly or partly from ad valorem taxes, the
218218 board shall provide for the annual imposition of a continuing
219219 direct ad valorem tax, without limit as to rate or amount, while all
220220 or part of the bonds are outstanding as required and in the manner
221221 provided by Sections 54.601 and 54.602, Water Code.
222222 Sec. 7906.203. BONDS FOR ROAD PROJECTS. At the time of
223223 issuance, the total principal amount of bonds or other obligations
224224 issued or incurred to finance road projects and payable from ad
225225 valorem taxes may not exceed one-fourth of the assessed value of the
226226 real property in the district.
227227 SECTION 2. The Montgomery-Grimes Counties Municipal
228228 Utility District No. 146 initially includes all the territory
229229 contained in the following area:
230230 428.212 Acres
231231 Joseph G. Ferguson Survey, A-221
232232 Montgomery County, Texas
233233 Being 428.212 acres of land situated in the Joseph G. Ferguson
234234 Survey, A-221, Montgomery County, Texas, and being out of a
235235 residual of a certain 1936.077 acres of land as described in deed
236236 recorded under County Clerk's File No. 2007-037712 of the Real
237237 Property Records of Montgomery County, Texas, said 428.212 acres of
238238 land being more particularly described by metes and bounds as
239239 follows:
240240 BEGINNING at a concrete monument found in the west line of F.M.
241241 1486, a 110 foot right-of-way, for the southeast corner of Blake
242242 Ranch as described in deed recorded under County Clerk's File
243243 No. 9366055 of the Real Property Records of Montgomery County,
244244 Texas, same being the northeast corner and POINT OF BEGINNING of
245245 the herein described tract;
246246 THENCE South 02 degrees 33 minutes 01 seconds East, along the west
247247 line of said F.M. 1486 and the east boundary line of the said
248248 1936.077 acres of land, same being the east boundary line of the
249249 herein described tract, a distance of 2677.01 feet to a 5/8 inch
250250 iron rod with survey cap (Moyer) set for the northeast corner of Lot
251251 1, Block 8, Crown Ranch Section One Amending Plat No. 1, according
252252 to the map or plat thereof recorded in Cabinet Z, Sheets 755 thru
253253 759 of the Map Records of Montgomery County, Texas, and the
254254 southeast corner of the herein described tract;
255255 THENCE North 85 degrees 35 minutes 50 seconds West, along the north
256256 boundary line of Lots 1, 2, 3, and 4, Block 8, of said Crown Ranch
257257 and the southerly boundary line of the herein described tract, a
258258 distance of 1128.30 feet to a 5/8 inch iron rod with survey cap
259259 (Moyer) set for an angle point;
260260 THENCE South 59 degrees 34 minutes 02 seconds West, continuing
261261 along the north boundary line of said Lot 4 and the north boundary
262262 line of Lots 5 and 6, Block 8 of said Crown Ranch and continuing
263263 along the south boundary line of the herein described tract, a
264264 distance of 635.56 feet to a 5/8 inch iron rod with survey cap
265265 (Moyer) set for the northwest corner of said Lot 6 and a southerly
266266 corner of the herein described tract;
267267 THENCE in a southeasterly direction along the west boundary line of
268268 said Lot 6 and a southerly boundary line of the herein described
269269 tract along a non-tangent curve to the left having as its elements:
270270 a radius of 616.14 feet, a central angle of 37 degrees 40 minutes 18
271271 seconds, an arc length of 405.11 feet, and a chord bearing of South
272272 23 degrees 38 minutes 52 seconds East, a distance of 397.85 feet to
273273 a 5/8 inch iron rod with survey cap (Moyer) set in the north line of
274274 Crown Ranch Boulevard (a northwesterly cut-back corner) for the
275275 southwest corner of said Lot 6 and a southerly corner of the herein
276276 described tract;
277277 THENCE South 37 degrees 53 minutes 49 seconds West, continuing
278278 along the northwesterly line of said Crown Ranch Boulevard and the
279279 southerly boundary line of the herein described tract, a distance
280280 of 60.78 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
281281 the most easterly southeast corner of Restricted Reserve "F" of
282282 said Crown Ranch and a southerly corner of the herein described
283283 tract;
284284 THENCE in a northwesterly direction along the northeast boundary
285285 line of said Restricted Reserve "F" and continuing along the
286286 southerly boundary line of the herein described tract along a
287287 non-tangent curve to the right having as its elements: a radius of
288288 676.14 feet, a central angle of 27 degrees 37 minutes 46 seconds, an
289289 arc length of 326.05 feet, and a chord bearing of North 29 degrees
290290 31 minutes 46 seconds West, a distance of 322.90 feet to a 5/8 inch
291291 iron rod with survey cap (Moyer) set for the northeast corner of
292292 said Restricted Reserve "F" and a southerly corner of the herein
293293 described tract;
294294 THENCE South 59 degrees 34 minutes 02 seconds West, along the north
295295 boundary line of said Restricted Reserve "F" and continuing along
296296 the southerly boundary line of the herein described tract, a
297297 distance of 657.92 feet to a 5/8 inch iron rod with survey cap
298298 (Moyer) set for the northwest corner of said Restricted Reserve "F"
299299 and a southerly corner of the herein described tract;
300300 THENCE South 14 degrees 38 minutes 43 seconds West, along the west
301301 boundary line of said Restricted Reserve "F" and continuing along
302302 the southerly boundary line of the herein described tract, a
303303 distance of 243.59 feet to a 5/8 inch iron rod with survey cap
304304 (Moyer) set for an angle point;
305305 THENCE South 02 degrees 30 minutes 07 seconds East, continuing
306306 along the west boundary line of said Restricted Reserve "F" and the
307307 southerly boundary line of the herein described tract, a distance
308308 of 89.62 feet to a 5/8 inch iron rod with survey cap (Moyer) set in
309309 the north line of said Crown Ranch Boulevard for the southwest
310310 corner of said Restricted Reserve "F" and a southerly corner of the
311311 herein described tract;
312312 THENCE South 87 degrees 29 minutes 53 seconds West, along the north
313313 line of said Crown Ranch Boulevard and continuing along the
314314 southerly boundary line of the herein described tract, a distance
315315 of 850.45 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
316316 the southeast corner of Lot 1, Block 7, of said Crown Ranch and a
317317 southerly corner of the herein described tract;
318318 THENCE North 02 degrees 30 minutes 07 seconds West, along the east
319319 boundary line of said Lot 1, Block 7 and continuing along the
320320 southerly boundary line of the herein described tract, a distance
321321 of 405.55 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
322322 the northeast corner of said Lot 1, Block 7 and a southerly corner
323323 of the herein described tract;
324324 THENCE South 87 degrees 29 minutes 53 seconds West, along the north
325325 boundary line of Lots 1 and 2, Block 7 and continuing along the
326326 southerly boundary line of the herein described tract, a distance
327327 of 383.12 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
328328 the northwest corner of said Lot 2, Block 7 and a southerly corner
329329 of the herein described tract;
330330 THENCE South 02 degrees 30 minutes 07 seconds East, along the west
331331 boundary line of said Lot 2 and continuing along the southerly
332332 boundary line of the herein described tract, a distance of 380.55
333333 feet to a 5/8 inch iron rod with survey cap (Moyer) set in the north
334334 line of said Crown Ranch Boulevard for the southwest corner of said
335335 Lot 2 and a southerly corner of the herein described tract;
336336 THENCE South 87 degrees 29 minutes 53 seconds West, along the north
337337 line of said Crown Ranch Boulevard and continuing along the
338338 southerly boundary line of the herein described tract, a distance
339339 of 60.00 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
340340 the southeast corner of Lot 1, Block 6 of said Crown Ranch and a
341341 southerly corner of the herein described tract;
342342 THENCE North 02 degrees 30 minutes 07 seconds West, along the east
343343 boundary line of said a Lot 1, Block 6 and continuing along the
344344 southerly boundary line of the herein described tract, a distance
345345 of 380.55 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
346346 the northeast corner of said Lot 1, Block 6 and a southerly corner
347347 of the herein described tract;
348348 THENCE South 87 degrees 29 minutes 53 second West, along the north
349349 boundary lines of Lots 1, 2, 3, 4, and 5, Block 6 of said Crown Ranch
350350 Section One and continuing along the southerly boundary line of the
351351 herein described tract, a distance of 865.08 feet to a 5/8 inch iron
352352 rod with survey cap (Moyer) set for the northeast corner of Lot 1,
353353 Block 5, of said Crown Ranch and a southerly angle point of the
354354 herein described tract;
355355 THENCE North 59 degrees 17 minutes 57 seconds West, along the
356356 northeast boundary line of Lots 1, 2, and 3, Block 5 of said Crown
357357 Ranch and along the southwesterly boundary line of the herein
358358 described tract, a distance of 451.13 feet to a 5/8 inch iron rod
359359 with survey cap (Moyer) set for the common corner of Lots 3 and 4,
360360 Block 5 of said Crown Ranch and an angle point of the herein
361361 described tract;
362362 THENCE North 47 degrees 07 minutes 57 seconds West, along the
363363 northeast boundary line of Lots 4 and 5, Block 5 of said Crown Ranch
364364 and continuing along the southwesterly boundary line of the herein
365365 described tract, a distance of 298.12 feet to a 5/8 inch iron rod
366366 with survey cap (Moyer) set for the common corner of Lots 5 and 6,
367367 Block 5 of said Crown Ranch and an angle point of the herein
368368 described tract;
369369 THENCE North 37 degrees 48 minutes 49 seconds West, along the
370370 northeast boundary line of Lots 6, 7, 8, 9, and 10, Block 5, of said
371371 Crown Ranch and continuing along the southwesterly boundary line of
372372 the herein described tract, a distance of 901.31 feet to a 5/8 inch
373373 iron rod with survey cap (Moyer) set in a curve for the north corner
374374 of said Lot 10 common to a southerly corner of the herein described
375375 tract;
376376 THENCE in a southwesterly direction along the northwest boundary
377377 line of said Lot 10 and continuing along the southwesterly boundary
378378 line of the herein described tract along a non-tangent curve to the
379379 right having as its elements: a radius of 1030.00 feet, a central
380380 angle of 01 degrees 09 minutes 44 seconds, an arc length of 20.90
381381 feet, and a chord bearing of South 51 degrees 36 minutes 18 seconds
382382 West, a distance of 20.89 feet to a 5/8 inch iron rod with survey cap
383383 (Moyer) set for the end of the curve;
384384 THENCE South 52 degrees 11 minutes 11 seconds West, continuing
385385 along the northwest boundary line of said Lot 10 and continuing
386386 along the southwesterly boundary line of the herein described
387387 tract, a distance of 332.11 feet to a 5/8 inch iron rod with survey
388388 cap (Moyer) set in the northeast line of Crown Ranch Boulevard, a 60
389389 foot private right-of-way, for the southwest corner of said Lot 10,
390390 same being a southerly corner of the herein described tract;
391391 THENCE North 37 degrees 48 minutes 49 seconds West, along the
392392 northeast line of said Crown Ranch Boulevard and continuing along
393393 the southwesterly boundary line of the herein described tract, a
394394 distance of 60.00 feet to a 5/8 inch iron rod with survey cap
395395 (Moyer) set for the southeast corner of Lot 1, Block 4, of said
396396 Crown Ranch Section One and a southerly corner of the herein
397397 described tract;
398398 THENCE North 52 degrees 11 minutes 10 seconds East, along the
399399 southeast boundary line of said Lot 1 and continuing along the
400400 southwesterly boundary line of the herein described tract, a
401401 distance of 332.11 feet to a 5/8 inch iron rod with survey cap for
402402 the beginning of a curve;
403403 THENCE in a northeasterly direction continuing along the southeast
404404 boundary line of said Lot 1 and continuing along the southwesterly
405405 boundary line of the herein described tract along a curve to the
406406 left having as its elements: a radius of 970.00 feet, a central
407407 angle of 01 degrees 11 minutes 13 seconds, an arc length of 20.09
408408 feet, and a chord bearing of North 51 degrees 35 minutes 34 seconds
409409 East, a distance of 20.09 feet to a 5/8 inch iron rod with survey cap
410410 (Moyer) set for the northeast corner of said Lot 1 and a southerly
411411 corner of the herein described tract;
412412 THENCE North 43 degrees 36 minutes 42 seconds West, along the
413413 northeast boundary line of Lots 1, 2, and 3, Block 4 of said Crown
414414 Ranch, and continuing along the southwesterly boundary line of the
415415 herein described tract, a distance of 552.90 feet to a 5/8 inch iron
416416 rod with survey cap (Moyer) set for an angle point;
417417 THENCE North 58 degrees 26 minutes 29 seconds West, along the
418418 northeast boundary line of said Lots 3, 4, 5, and 6, Block 4, of said
419419 Crown Ranch and continuing along the southwesterly boundary line of
420420 the herein described tract, a distance of 561.07 feet to a 5/8 inch
421421 iron rod with survey cap (Moyer) set for an angle point;
422422 THENCE North 73 degrees 22 minutes 49 seconds West, along the
423423 northeast boundary line of Lots 6, 7, 8, and Restricted Reserve "E",
424424 Block 4 of said Crown Ranch, and the southwesterly boundary line of
425425 the herein described tract, a distance of 561.07 feet to a 5/8 inch
426426 iron rod with survey cap (Moyer) set for an angle point;
427427 THENCE North 87 degrees 16 minutes 13 seconds West, along the north
428428 boundary line of Restricted Reserve "E" and Lot 9, Block 4, of said
429429 Crown Ranch and continuing along the southwesterly boundary line
430430 of the herein described tract, a distance of 247.65 feet to a point
431431 for the southeast corner of Restricted Reserve "G" of Crown Ranch
432432 Section Three, according to the map or plat thereof recorded in
433433 Cabinet Z, Sheet 1208 of the Map Records of Montgomery County, Texas
434434 and a northwest corner of the herein described tract;
435435 THENCE North 27 degrees 21 minutes 07 seconds East, along the east
436436 boundary line of said Restricted Reserve "G", southeast boundary
437437 line of said Lot 35 and the northwest boundary line of the herein
438438 described tract, a distance of 164.86 feet to a point for the most
439439 easterly southeast corner of said Lot 35 and an interior
440440 northwesterly corner of the herein described tract;
441441 THENCE North 65 degrees 26 minutes 22 seconds West, along the
442442 northeast boundary line of Lot 35, Block 2, of said Crown Ranch
443443 Section Three, and continuing along the northwest boundary line of
444444 the herein described tract, a distance of 188.65 feet to an angle
445445 point;
446446 THENCE North 40 degrees 41 minutes 22 seconds West, continuing
447447 along the northeast boundary line of said Lot 35 and the east
448448 boundary line of Lot 34 and 33, Block 2, of said Crown Ranch Section
449449 Three, common to the northwest boundary line of the herein
450450 described tract, a distance of
451451 443.41 feet to an angle point;
452452 THENCE North 03 degrees 49 minutes 38 seconds West, along the east
453453 boundary line of Lots 33 and 32, and Restricted Reserve "F", Block
454454 2, of said Crown Ranch Section Three and continuing along the
455455 northwest boundary line of the herein described tract, a distance
456456 of 259.25 feet to a 5/8 inch iron rod with survey cap (Moyer) set in
457457 the common boundary line of the aforesaid Blake Ranch Property and
458458 the 1936.077 acres of land for the northeast corner of Restricted
459459 Reserve "F" of said Crown Ranch Section Three, and the northwest
460460 corner of the herein described tract;
461461 THENCE North 86 degrees 10 minutes 23 seconds East, along the said
462462 common boundary line and the north boundary line of the herein
463463 described tract, a distance of 7650.14 feet to the POINT OF
464464 BEGINNING and containing 428.212 acres of land.
465465 Job No. 11014-B
466466 Job No. 10080
467467 1929.279 Acres
468468 Joseph G. Ferguson Survey, A-227; Charles Weaver Survey, A-624;
469469 Alexander Robblis Survey, A-464; Robert Elgin Survey, A-199
470470 Montgomery County, Texas
471471 Alexander Robblis Survey, A-400; Charles Weaver Survey, A-482;
472472 P.G. Moffitt Survey, A-330; E.T. Estis Survey, A-194
473473 William R. Wheelis Survey, A-481
474474 Grimes County, Texas
475475 Being 1929.279 acres of land situated in the Josepgh G. Ferguson
476476 Survey, A-227; the Charles Weaver Susrvey, A-624; the Alexander
477477 Robblis Survey, A-464; and the Robert Elgin Survey, A-199,
478478 Montgomery County, Texas, and situated in the Alexander Robblis
479479 Survey, A-400; the Charles Weaver Survey, A-482; the P.G. Moffitt
480480 Survey, A-330; and the E.T. Estis Survey, A-194, Grimes County,
481481 Texas, and being 1988.459 acres of land save and except 59.180 acres
482482 of land, said 1929.279 acres of land being more particularly
483483 described by metes and bounds as follows:
484484 BEGINNING at a 5/8 inch iron rod with survey cap set in the west line
485485 of F.M. 1486, a 110 foot right of way per Tx Dot ROW Map R-1416-3-1
486486 February 22, 1960, for the southeast corner of Crown Ranch Section
487487 One, according to the map or plat thereof recorded in Cabinet Z,
488488 Sheets 755 thru 759 of the Map Records of Montgomery County, Texas,
489489 and the northeast corner of a certain 1,675.016 acres of land
490490 (Parcel N7395-C2) as described in deed recorded in Volume 849, Page
491491 205 of the Deed Records of Grimes County, Texas, and under County
492492 Clerk's File No. 968009 of the Real Property Records of Montgomery
493493 County, Texas, same being the northeast corner and POINT OF
494494 BEGINNING of the herein described tract;
495495 THENCE South 02 degrees 43 minutes 16 seconds East, along the west
496496 line of said F.M. 1486 and the common east boundary line of the said
497497 1,675.016 acres of land and the herein described tract, a distance
498498 of 5,114.36 feet to a 5/8 inch iron rod with survey cap (Burgess)
499499 found for the southeast corner of the herein described tract;
500500 THENCE South 87 degrees 31 minutes 55 seconds West along the common
501501 south boundary line of the said 1675.016 acres of land and the
502502 herein described tract, passing at 10,209.67 feet, a 3 inch brass
503503 disc in concrete stamped Moyer Surveying 5656 Grimes and Montgomery
504504 County Line, continuing in all a distance of 12,654.87 feet to a 5/8
505505 inch iron rod with survey cap (Burgess) found in the east boundary
506506 line of a certain 16.0 acres of land as described in deed recorded
507507 in Volume 362, Page 558 of the Deed Records of Grimes County, Texas,
508508 for the most southerly southwest corner of the herein described
509509 tract;
510510 THENCE North 03 degrees 31 minutes 33 seconds West, along the east
511511 boundary line of the said 16.0 acres of land and continuing along
512512 the east boundary line of a certain 49.963 acres of land as
513513 described in deed recorded in Volume 324, Page 60 of the Deed
514514 Records of Grimes County, Texas, same being a southwesterly
515515 boundary line of the herein described tract, a distance of 2371.80
516516 feet to a concrete monument found for the northeast corner of the
517517 said 49.963 acres of land and an interior southwesterly corner of
518518 the herein described tract from which a 1 inch iron pipe found for
519519 reference bears South 46 degrees 26 minutes 12 seconds East, a
520520 distance of 0.92 feet;
521521 THENCE South 86 degrees 27 minutes 11 seconds West, along the north
522522 boundary line of the said 49.963 acres of land and a northerly
523523 boundary line of a certain 193.424 acres of land as described in
524524 deed recorded in Volume 932, Page 105 of the Deed Records of Grimes
525525 County, Texas, same being a southwesterly boundary line of the
526526 herein described tract, a distance of 2219.95 feet to a 5/8 inch
527527 iron rod with survey cap (Moyer) set for an interior northwesterly
528528 corner of the said 193.424 acres of land and a southwesterly corner
529529 of the herein described tract from which a 1 inch iron pipe found
530530 for reference bears North 60 degrees 31 minutes 23 seconds East, a
531531 distance of 0.55 feet;
532532 THENCE North 03 degrees 32 minutes 32 seconds West, along a
533533 northerly boundary line of the said 193.424 acres of land and a
534534 southwesterly boundary line of the herein described tract, a
535535 distance of 1245.68 feet to a 1 inch iron pipe found for a
536536 northwesterly corner of the said 193.424 acres and an interior
537537 westerly corner of the herein described tract;
538538 THENCE South 86 degrees 51 minutes 46 seconds West, along the
539539 northwest boundary line of the said 193.424 acres of land and an
540540 interior westerly boundary line of the herein described tract, a
541541 distance of 731.85 feet to a 1 inch iron pipe found for the
542542 northwest corner of the said 193.424 acres of land from which a 1
543543 inch iron pipe found for reference bears North 04 degrees 27 minutes
544544 04 seconds West, a distance of 34.76 feet;
545545 THENCE South 03 degrees 41 minutes 41 seconds East, along the east
546546 boundary line of a certain 261.066 acres of land as described in
547547 deed recorded in Volume 849, Page 205 of the Deed Records of Grimes
548548 County, Texas, common to the west boundary line of the said 193.424
549549 acres of land, same being an interior westerly boundary line of the
550550 herein described tract, a distance of 2879.52 feet to a 1 inch iron
551551 pipe found for the northeast corner of a certain 49.0 acres of land
552552 as described in deed recorded in Volume 286, Page 737 of the Deed
553553 Records of Grimes County, Texas, and the southeast corner of the
554554 said 261.066 acres of land, same being a southwesterly corner of the
555555 herein described tract;
556556 THENCE South 86 degrees 10 minutes 28 seconds West, along the north
557557 boundary line of the said 49.0 acres of land and the south boundary
558558 line of the said 261.066 acres of land, same being the southwest
559559 boundary line of the herein described tract, a distance of 1531.74
560560 feet to a 5/8 inch iron rod with survey cap (Moyer) set in the
561561 centerline of Mill Creek for the southeast corner of a certain 68.50
562562 acres of land as described in deed recorded in Volume 625, Page 691
563563 of the Deed Records of Grimes County, Texas, and the southwest
564564 corner of the herein described tract;
565565 THENCE in a northerly direction along the east boundary line of the
566566 said 68.50 acres of land and a southwest boundary line of the herein
567567 described tract along the centerline meanders of said Mill Creek
568568 the following courses and distances:
569569 1. North 04 deg. 01 min. 17 sec. West, a distance of 43.26 feet;
570570 2. North 01 deg. 25 min. 10 sec. West, a distance of 298.68 feet;
571571 3. North 05 deg. 22 min. 10 sec. West, a distance of 183.35 feet;
572572 4. North 18 deg. 31 min. 11 sec. West, a distance of 76.10 feet;
573573 5. North 22 deg. 46 min. 19 sec. West, a distance of 212.60 feet;
574574 6. North 23 deg. 35 min. 43 sec. West, a distance of 114.58 feet;
575575 7. North 34 deg. 17 min. 37 sec. West, a distance of 82.07 feet;
576576 8. North 22 deg. 34 min. 55 sec. West, a distance of 334.57 feet;
577577 9. North 03 deg. 41 min. 04 sec. West, a distance of 60.79 feet;
578578 10. North 58 deg. 40 min. 35 sec. West, a distance of 98.49 feet;
579579 11. North 66 deg. 35 min. 20 sec. West, a distance of 151.67 feet;
580580 12. North 87 deg. 34 min. 10 sec. West, a distance of 58.50 feet;
581581 13. North 87 deg. 53 min. 47 sec. West, a distance of 28.52 feet;
582582 14. North 78 deg. 35 min. 48 sec. West, a distance of 42.79 feet;
583583 15. North 64 deg. 57 min. 06 sec. West, a distance of 100.15 feet;
584584 16. North 58 deg. 19 min. 28 sec. West, a distance of 108.07 feet;
585585 17. North 51 deg. 08 min. 18 sec. West, a distance of 154.36 feet;
586586 18. North 56 deg. 11 min. 55 sec. West, a distance of 47.73 feet;
587587 19. North 41 deg. 02 min. 54 sec. West, a distance of 48.93 feet;
588588 20. North 26 deg. 22 min. 46 sec. West, a distance of 70.52 feet;
589589 21. North 18 deg. 55 min. 33 sec. West, a distance of 115.55 feet
590590 to a point for the northeasterly corner of the said 68.50 acres of
591591 land and an interior southwesterly corner of the herein described
592592 tract;
593593 THENCE South 87 degrees 41 minutes 36 seconds West, along the north
594594 boundary line of the said 68.50 acres of land and a southwesterly
595595 boundary line of the herein described tract, passing at 6.88 feet, a
596596 railroad tie fence post found for reference continuing in all a
597597 distance of 1661.16 feet to a 1 inch iron pipe found in the east line
598598 of F.M. 1774, a 100 foot right-of-way, for the northwest corner of a
599599 certain 2.0 acres of land as described in deed recorded in Volume
600600 583, Page 462 of the Deed Records of Grimes County, Texas, and a
601601 southwesterly corner of the herein described tract from which a 1
602602 inch iron pipe found for reference bears South 87 degrees 45 minutes
603603 38 seconds West, a distance of 99.0 feet;
604604 THENCE North 07 degrees 15 minutes 44 seconds West, passing at 42.05
605605 feet, a 5/8 inch iron rod found for reference continuing in all, a
606606 distance of 1324.41 feet to a 5/8 inch iron rod found for the
607607 southwest corner of a certain 100.36 acres of land and the most
608608 westerly corner of the herein described tract from which a 1 inch
609609 iron pipe found for reference bears North 86 degrees 07 minutes 28
610610 seconds East, a distance of 13.65 feet;
611611 THENCE North 86 degrees 38 minutes 28 seconds East, along the south
612612 boundary line of the said 100.36 acres of land and a northwesterly
613613 boundary line of the herein described tract, passing at 1501.19
614614 feet, a fence post found for reference continuing in all, a distance
615615 of 1571.95 feet to a point in the centerline of said Mill Creek for
616616 the southeast corner of the said 100.36 acres of land and an
617617 interior northeasterly corner of the herein described tract;
618618 THENCE in a northerly direction along the east boundary line of the
619619 said 100.36 acres of land and the northwesterly boundary line of the
620620 herein described tract along the centerline meanders of said Mill
621621 Creek the following courses and distances:
622622 1. North 05 deg. 22 min. 57 sec. East, a distance of 591.86 feet;
623623 2. North 06 deg. 00 min. 52 sec. West, a distance of 250.76 feet;
624624 3. North 09 deg. 54 min. 50 sec. West, a distance of 347.55 feet;
625625 4. North 29 deg. 37 min. 27 sec. West, a distance of 268.49 feet;
626626 5. North 41 deg. 51 min. 19 sec. West, a distance of 155.57 feet;
627627 6. North 36 deg. 30 min. 59 sec. West, a distance of 215.63 feet to
628628 a point for the northwest corner of the herein described tract;
629629 THENCE North 86 degrees 26 minutes 31 seconds East, along a
630630 northwesterly boundary line of the herein described tract, passing
631631 at 93.64 feet, a 1 and 1/2 inch iron pipe found for reference and the
632632 southwest corner of a certain 130 acres of land as described in deed
633633 recorded in Volume 897, Page 443 of the Deed Records of Grimes
634634 County, Texas, continuing in all a distance of 3756.33 feet to a 1
635635 inch iron pipe found for the southeast corner of the said 130 acres
636636 of land and a northwesterly corner of the herein described tract;
637637 THENCE South 03 degrees 26 minutes 39 seconds East, along a
638638 northwesterly boundary line of the herein described tract, a
639639 distance of 617.42 feet to a 5/8 inch iron rod with survey cap set
640640 for an interior northwesterly corner of the herein described tract;
641641 THENCE North 87 degrees 31 minutes 20 seconds East, along the north
642642 boundary line of the herein described tract, passing at 4,751.81
643643 feet, a brass disc in concrete stamped Moyer Surveying 5656 Grimes
644644 and Montgomery County Line and set for the southeast corner of Crown
645645 Ranch Section Two, a corrected plat according to the map or plat
646646 thereof recorded in Volume 1221, Page 315 of the Map Records of
647647 Grimes County, Texas, and the southwest corner of Crown Ranch
648648 Section One-A Amending Plat No. 1, according to the map or plat
649649 thereof recorded in Cabinet Z, Sheet 762 of the Map Records of
650650 Montgomery County, Texas, continuing in all a distance of 14,947.98
651651 feet to the POINT OF BEGINNING and containing 1,988.459 acres of
652652 land;
653653 SAVE AND EXCEPT a certain 59.180 acres of land described in deed as
654654 60 acres recorded in Volume 156, Page 217 of the Deed Records of
655655 Grimes County, Texas, said 59.180 acres being more particularly
656656 described by metes and bounds as follows:
657657 COMMENCING at a 1 inch iron pipe found for the northwest corner of
658658 the aforesaid 193.424 acres of land;
659659 THENCE North 04 degrees 27 minutes 04 seconds West, a distance of
660660 34.76 feet to a 1 inch iron pipe found for refernce;
661661 TEHNCE South 87 degrees 49 minutes 37 seconds West, a distance of
662662 72.03 feet to a 1 and 1/4 inch iron pipe found for the southeast
663663 corner and POINT OF BEGINNING of the herein described tract;
664664 THENCE South 87 degrees 21 minutes 15 seconds West, along the south
665665 boundary line of the herein described tract, a distance of 1352.68
666666 feet to a 1 inch iron pipe found for the southwest corner of the
667667 herein described tract;
668668 THENCE North 02 degrees 43 minutes 52 seconds West, along the west
669669 boundary line of the herein described tract, a distance of 1868.58
670670 feet to a 1 and 1/4 inch iron pipe found for the northwest corner of
671671 the herein described tract;
672672 THENCE North 87 degrees 17 minutes 50 seconds East, along the north
673673 boundary line of the herein described tract, a distance of 1451.45
674674 feet to a concrete monument (disturbed ) for the northeast corner of
675675 the herein described tract;
676676 THECNE South 02 degrees 33 minutes 59 seconds East, along the east
677677 boundary line of the herein described tract, a distance of 486.58
678678 feet to a concrete monument (broken) found for a northeasterly
679679 corner of the herein described tract;
680680 THENCE South 86 degrees 05 minutes 18 seconds West, along
681681 continuing along the east boundary line of the herein described
682682 tract, a distance of 95.11 feet to a concrete monument found for an
683683 interior northeasterly corner of the herein described tract;
684684 THENCE South 02 degrees 38 minutes 11 seconds East, continuing
685685 along the east boundary line of the herein described tract, a
686686 distance of 1381.34 feet to the POINT OF BEGINNING and containing
687687 59.180 acres of land.
688688 SECTION 3. (a) The legal notice of the intention to
689689 introduce this Act, setting forth the general substance of this
690690 Act, has been published as provided by law, and the notice and a
691691 copy of this Act have been furnished to all persons, agencies,
692692 officials, or entities to which they are required to be furnished
693693 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
694694 Government Code.
695695 (b) The governor, one of the required recipients, has
696696 submitted the notice and Act to the Texas Commission on
697697 Environmental Quality.
698698 (c) The Texas Commission on Environmental Quality has filed
699699 its recommendations relating to this Act with the governor, the
700700 lieutenant governor, and the speaker of the house of
701701 representatives within the required time.
702702 (d) All requirements of the constitution and laws of this
703703 state and the rules and procedures of the legislature with respect
704704 to the notice, introduction, and passage of this Act are fulfilled
705705 and accomplished.
706706 SECTION 4. (a) If this Act does not receive a two-thirds
707707 vote of all the members elected to each house, Subchapter C, Chapter
708708 7906, Special District Local Laws Code, as added by Section 1 of
709709 this Act, is amended by adding Section 7906.107 to read as follows:
710710 Sec. 7906.107. NO EMINENT DOMAIN POWER. The district may
711711 not exercise the power of eminent domain.
712712 (b) This section is not intended to be an expression of a
713713 legislative interpretation of the requirements of Section 17(c),
714714 Article I, Texas Constitution.
715715 SECTION 5. This Act takes effect September 1, 2015.
716716 * * * * *