Texas 2015 - 84th Regular

Texas Senate Bill SB2064 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton S.B. No. 2064
2		-	(Metcalf)
	1	+	S.B. No. 2064
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		relating to the creation of the Montgomery County Municipal Utility
7	5		District No. 153; granting a limited power of eminent domain;
8	6		providing authority to issue bonds; providing authority to impose
9	7		assessments, fees, and taxes.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	10		Code, is amended by adding Chapter 7954 to read as follows:
13	11		CHAPTER 7954. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 153
14	12		SUBCHAPTER A. GENERAL PROVISIONS
15	13		Sec. 7954.001. DEFINITIONS. In this chapter:
16	14		(1) "Board" means the district's board of directors.
17	15		(2) "Commission" means the Texas Commission on
18	16		Environmental Quality.
19	17		(3) "Director" means a board member.
20	18		(4) "District" means the Montgomery County Municipal
21	19		Utility District No. 153.
22	20		Sec. 7954.002. NATURE OF DISTRICT. The district is a
23	21		municipal utility district created under Section 59, Article XVI,
24	22		Texas Constitution.
25	23		Sec. 7954.003. CONFIRMATION AND DIRECTORS' ELECTION
26	24		REQUIRED. The temporary directors shall hold an election to
27	25		confirm the creation of the district and to elect five permanent
28	26		directors as provided by Section 49.102, Water Code.
29	27		Sec. 7954.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	28		temporary directors may not hold an election under Section 7954.003
31	29		until each municipality in whose corporate limits or
32	30		extraterritorial jurisdiction the district is located has
33	31		consented by ordinance or resolution to the creation of the
34	32		district and to the inclusion of land in the district.
35	33		Sec. 7954.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	34		(a) The district is created to serve a public purpose and benefit.
37	35		(b) The district is created to accomplish the purposes of:
38	36		(1) a municipal utility district as provided by
39	37		general law and Section 59, Article XVI, Texas Constitution; and
40	38		(2) Section 52, Article III, Texas Constitution, that
41	39		relate to the construction, acquisition, improvement, operation,
42	40		or maintenance of macadamized, graveled, or paved roads, or
43	41		improvements, including storm drainage, in aid of those roads.
44	42		Sec. 7954.006. INITIAL DISTRICT TERRITORY. (a) The
45	43		district is initially composed of the territory described by
46	44		Section 2 of the Act enacting this chapter.
47	45		(b) The boundaries and field notes contained in Section 2 of
48	46		the Act enacting this chapter form a closure. A mistake made in the
49	47		field notes or in copying the field notes in the legislative process
50	48		does not affect the district's:
51	49		(1) organization, existence, or validity;
52	50		(2) right to issue any type of bond for the purposes
53	51		for which the district is created or to pay the principal of and
54	52		interest on a bond;
55	53		(3) right to impose a tax; or
56	54		(4) legality or operation.
57	55		SUBCHAPTER B. BOARD OF DIRECTORS
58	56		Sec. 7954.051. GOVERNING BODY; TERMS. (a) The district is
59	57		governed by a board of five elected directors.
60	58		(b) Except as provided by Section 7954.052, directors serve
61	59		staggered four-year terms.
62	60		Sec. 7954.052. TEMPORARY DIRECTORS. (a) On or after the
63	61		effective date of the Act enacting this chapter, the owner or owners
64	62		of a majority of the assessed value of the real property in the
65	63		district may submit a petition to the commission requesting that
66	64		the commission appoint as temporary directors the five persons
67	65		named in the petition. The commission shall appoint as temporary
68	66		directors the five persons named in the petition.
69	67		(b) Temporary directors serve until the earlier of:
70	68		(1) the date permanent directors are elected under
71	69		Section 7954.003; or
72	70		(2) the fourth anniversary of the effective date of
73	71		the Act enacting this chapter.
74	72		(c) If permanent directors have not been elected under
75	73		Section 7954.003 and the terms of the temporary directors have
76	74		expired, successor temporary directors shall be appointed or
77	75		reappointed as provided by Subsection (d) to serve terms that
78	76		expire on the earlier of:
79	77		(1) the date permanent directors are elected under
80	78		Section 7954.003; or
81	79		(2) the fourth anniversary of the date of the
82	80		appointment or reappointment.
83	81		(d) If Subsection (c) applies, the owner or owners of a
84	82		majority of the assessed value of the real property in the district
85	83		may submit a petition to the commission requesting that the
86	84		commission appoint as successor temporary directors the five
87	85		persons named in the petition. The commission shall appoint as
88	86		successor temporary directors the five persons named in the
89	87		petition.
90	88		SUBCHAPTER C. POWERS AND DUTIES
91	89		Sec. 7954.101. GENERAL POWERS AND DUTIES. The district has
92	90		the powers and duties necessary to accomplish the purposes for
93	91		which the district is created.
94	92		Sec. 7954.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	93		DUTIES. The district has the powers and duties provided by the
96	94		general law of this state, including Chapters 49 and 54, Water Code,
97	95		applicable to municipal utility districts created under Section 59,
98	96		Article XVI, Texas Constitution.
99	97		Sec. 7954.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	98		52, Article III, Texas Constitution, the district may design,
101	99		acquire, construct, finance, issue bonds for, improve, operate,
102	100		maintain, and convey to this state, a county, or a municipality for
103	101		operation and maintenance macadamized, graveled, or paved roads, or
104	102		improvements, including storm drainage, in aid of those roads.
105	103		Sec. 7954.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	104		road project must meet all applicable construction standards,
107	105		zoning and subdivision requirements, and regulations of each
108	106		municipality in whose corporate limits or extraterritorial
109	107		jurisdiction the road project is located.
110	108		(b) If a road project is not located in the corporate limits
111	109		or extraterritorial jurisdiction of a municipality, the road
112	110		project must meet all applicable construction standards,
113	111		subdivision requirements, and regulations of each county in which
114	112		the road project is located.
115	113		(c) If the state will maintain and operate the road, the
116	114		Texas Transportation Commission must approve the plans and
117	115		specifications of the road project.
118	116		Sec. 7954.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	117		OR RESOLUTION. The district shall comply with all applicable
120	118		requirements of any ordinance or resolution that is adopted under
121	119		Section 54.016 or 54.0165, Water Code, and that consents to the
122	120		creation of the district or to the inclusion of land in the
123	121		district.
124	122		Sec. 7954.106. DIVISION OF DISTRICT. (a) The district may
125	123		be divided into two or more new districts only if the district:
126	124		(1) has no outstanding bonded debt; and
127	125		(2) is not imposing ad valorem taxes.
128	126		(b) This chapter applies to any new district created by the
129	127		division of the district, and a new district has all the powers and
130	128		duties of the district.
131	129		(c) Any new district created by the division of the district
132	130		may not, at the time the new district is created, contain any land
133	131		outside the area described by Section 2 of the Act enacting this
134	132		chapter.
135	133		(d) The board, on its own motion or on receipt of a petition
136	134		signed by the owner or owners of a majority of the assessed value of
137	135		the real property in the district, may adopt an order dividing the
138	136		district.
139	137		(e) The board may adopt an order dividing the district
140	138		before or after the date the board holds an election under Section
141	139		7954.003 to confirm the district's creation.
142	140		(f) An order dividing the district must:
143	141		(1) name each new district;
144	142		(2) include the metes and bounds description of the
145	143		territory of each new district;
146	144		(3) appoint temporary directors for each new district;
147	145		and
148	146		(4) provide for the division of assets and liabilities
149	147		between or among the new districts.
150	148		(g) On or before the 30th day after the date of adoption of
151	149		an order dividing the district, the district shall file the order
152	150		with the commission and record the order in the real property
153	151		records of each county in which the district is located.
154	152		(h) Any new district created by the division of the district
155	153		shall hold a confirmation and directors' election as required by
156	154		Section 7954.003.
157	155		(i) Municipal consent to the creation of the district and to
158	156		the inclusion of land in the district granted under Section
159	157		7954.004 acts as municipal consent to the creation of any new
160	158		district created by the division of the district and to the
161	159		inclusion of land in the new district.
162	160		(j) Any new district created by the division of the district
163	161		must hold an election as required by this chapter to obtain voter
164	162		approval before the district may impose a maintenance tax or issue
165	163		bonds payable wholly or partly from ad valorem taxes.
166	164		(k) If the creation of the new district is confirmed, the
167	165		new district shall provide the election date and results to the
168	166		commission.
169	167		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170	168		Sec. 7954.151. ELECTIONS REGARDING TAXES OR BONDS.
171	169		(a) The district may issue, without an election, bonds and other
172	170		obligations secured by:
173	171		(1) revenue other than ad valorem taxes; or
174	172		(2) contract payments described by Section 7954.153.
175	173		(b) The district must hold an election in the manner
176	174		provided by Chapters 49 and 54, Water Code, to obtain voter approval
177	175		before the district may impose an ad valorem tax or issue bonds
178	176		payable from ad valorem taxes.
179	177		(c) The district may not issue bonds payable from ad valorem
180	178		taxes to finance a road project unless the issuance is approved by a
181	179		vote of a two-thirds majority of the district voters voting at an
182	180		election held for that purpose.
183	181		Sec. 7954.152. OPERATION AND MAINTENANCE TAX. (a) If
184	182		authorized at an election held under Section 7954.151, the district
185	183		may impose an operation and maintenance tax on taxable property in
186	184		the district in accordance with Section 49.107, Water Code.
187	185		(b) The board shall determine the tax rate. The rate may not
188	186		exceed the rate approved at the election.
189	187		Sec. 7954.153. CONTRACT TAXES. (a) In accordance with
190	188		Section 49.108, Water Code, the district may impose a tax other than
191	189		an operation and maintenance tax and use the revenue derived from
192	190		the tax to make payments under a contract after the provisions of
193	191		the contract have been approved by a majority of the district voters
194	192		voting at an election held for that purpose.
195	193		(b) A contract approved by the district voters may contain a
196	194		provision stating that the contract may be modified or amended by
197	195		the board without further voter approval.
198	196		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199	197		Sec. 7954.201. AUTHORITY TO ISSUE BONDS AND OTHER
200	198		OBLIGATIONS. The district may issue bonds or other obligations
201	199		payable wholly or partly from ad valorem taxes, impact fees,
202	200		revenue, contract payments, grants, or other district money, or any
203	201		combination of those sources, to pay for any authorized district
204	202		purpose.
205	203		Sec. 7954.202. TAXES FOR BONDS. At the time the district
206	204		issues bonds payable wholly or partly from ad valorem taxes, the
207	205		board shall provide for the annual imposition of a continuing
208	206		direct ad valorem tax, without limit as to rate or amount, while all
209	207		or part of the bonds are outstanding as required and in the manner
210	208		provided by Sections 54.601 and 54.602, Water Code.
211	209		Sec. 7954.203. BONDS FOR ROAD PROJECTS. At the time of
212	210		issuance, the total principal amount of bonds or other obligations
213	211		issued or incurred to finance road projects and payable from ad
214	212		valorem taxes may not exceed one-fourth of the assessed value of the
215	213		real property in the district.
216	214		SECTION 2. The Montgomery County Municipal Utility District
217	215		No. 153 initially includes all the territory contained in the
218	216		following area:
219	217		PARCEL 1(274.908 ACRES)
220	218		All that certain tract or parcel of land situated in the
221	219		William Bryan Survey, Abstract Number 108 and the T.A. & Helen
222	220		McWhorter Survey, Abstract Number 800, in Montgomery County, Texas
223	221		and being the West one-half of that certain 550 acres as described
224	222		in Deed to Selected Lands, LTD, #12, recorded In Volume 822, Page
225	223		932 of the Montgomery County Deed Records; said West one-half being
226	224		more particularly described by metes and bounds as follows with all
227	225		bearings referenced to said Deed and particularly, the North line
228	226		of the T.A. & Helen McWhorter Survey, common to the South line of
229	227		the John Sealy Survey, Abstract Number 758:
230	228		COMMENCING at a 5/8 inch iron rod, found for the Northeast
231	229		corner of the 550 acres and a corner of that certain M1SSTEX
232	230		PROPERTIES, L.C. tract as described in Deed recorded under Clerk's
233	231		File Number 9754357 and 9613250 of the Montgomery County Real
234	232		Property Records and being further located at the Northeast corner
235	233		of the T.A. & Helen McWhorter Survey, the Southeast corner of the
236	234		John Sealy Survey, in a West line of the Archibald Hodge Survey,
237	235		Abstract Number 18;
238	236		THENCE South 89°55'54" West, a distance of 2,248.60 feet along
239	237		the North line of the 550 acre tract and the common line of the T.A. &
240	238		Helen McWhorter Survey and the John Sealy Survey, to a 2 inch PVC
241	239		survey monument with cap, set for the Northeast corner and the POINT
242	240		OF BEGINNING of the herein described tract;
243	241		THENCE South 00°02'42" West, a distance of 5,323.70 feet,
244	242		severing the 550 acres and the T.A. & Helen McWhorter Survey and
245	243		severing the William Bryan Survey, to a 2 Inch PVC survey monument
246	244		with cap, set for the Southeast corner of the herein described
247	245		tract, In the South line of the 550 acres and located in the North
248	246		line of Tract 21, Lake Creek Ranchettes, Section 3, an unrecorded
249	247		survey, described in Deed recorded in Volume 1022, Page 732 of the
250	248		Montgomery County Deed Records;
251	249		THENCE North 89°57'18" West, along the South line of the 550
252	250		acres and the North line of Tract 20, recorded In Volume 1020, Page
253	251		782 of the Montgomery County Deed Records, Tract 13 as described
254	252		under Clerk's File Number 9748545 of the Montgomery County Real
255	253		Property Records, and Tract 12, recorded In Volume 1004, Page 653 of
256	254		the Montgomery County Deed Records, a distance of 2,153.52 to a
257	255		point in a pond for the Southwest corner of the herein described
258	256		tract, in the Southerly West line of the 550 acre and the West line
259	257		of the William Bryan Survey, common to the East line of the T.J.
260	258		Nicholas Survey, Abstract Number 397, at the Northwest corner of
261	259		Lake Creek Ranchettes, Section 3, a 210.784 acre unrecorded
262	260		subdivision described in Volume-990; Page 238 of the Montgomery
263	261		County Deed Records and being in the East line of a 181.6617 acre
264	262		tract as recorded in Volume 990, Page 6 of the Montgomery County
265	263		Deed Records and called Lake Creek Ranchettes, Section 2, an
266	264		unrecorded subdivision;
267	265		THENCE 00°08'56" West, a distance of 117.54 feet along the
268	266		West line of the 550 acres and the common line of William Bryan
269	267		Survey and the T.J. Nicholas Survey, and the East line of Tract 18,
270	268		Lake Creek Ranchettes, Section 2, as described in Volume 1027, Page
271	269		98 of the Montgomery County Deed Records, to a point in a pond, for
272	270		an angle point in the Southerly West of the 550 acres, at the
273	271		Southeast corner of that certain 150 acres as referenced in Volume
274	272		209, Page 346, and Volume 273, Page 279 of the Montgomery County
275	273		Deed Records;
276	274		THENCE North 00°00'50" West, a distance of 2,517.31 feet
277	275		continuing along the West line of the 550 acres and the common line
278	276		of the William Bryan Survey and the T.J. Nicholas Survey and the
279	277		East line of the 150 acres, to a bent one inch iron pipe, found for
280	278		an angle point (controlling Monument) and the Northeast corner of
281	279		the 150 acre tract and Southeast corner of that certain 30.045 acre
282	280		tract as described under Clerk's File Number 9738509 of the
283	281		Montgomery County Real Property Records and being the Southeast
284	282		corner of a 60 foot wide road easement as described in Grant of
285	283		Right-Of-Way Easement recorded In Volume 828, Page 737 of the
286	284		Montgomery County Deed Records;
287	285		THENCE North 00°38'09" West, a distance of 1,231.99 feet along
288	286		the West line of the 550 acres (Deed call: South 00'38'51" East, a
289	287		distance of 1,234.16 feet) and the East of the 30.045 acre tract
290	288		(Deed call: South 01°01'20" East, a distance of 1,232.24 feet) and
291	289		along the common of the William Bryan Survey and the T.J. Nicholas
292	290		Survey, to a 1/2 Inch Iron rod, found for an Interior corner of the
293	291		550 acres and the Northeast corner of the 30.045 acre tract and
294	292		being the occupied Westerly Southeast corner of the T.A. & Helen
295	293		McWhorter Survey and the T.J. Nicholas Survey Northeast corner, in
296	294		the West line of the William Bryan Survey;
297	295		THENCE North 89°48'20" West, a distance of 335.04 feet along
298	296		the Northerly South line of the 550 acres (Deed call: South
299	297		87'58'52" East, a distance of 334.75 feet) and the North line of
300	298		30.045 acres (Deed call: South 88° 07'31" East, 333.78 feet), along
301	299		the North of the T.J. Nicholas Survey, to a one inch pinched top
302	300		iron pipe, found for the most Northerly Southwest corner of the 550
303	301		acres and a corner of the MISSTEX PROPERTIES, L.C. and the called
304	302		for Southwest corner of the T.A. & Helen McWhorter Survey and the
305	303		Southeast corner of the Matthew Cartwright Survey, Abstract Number
306	304		135;
307	305		THENCE North 00°49'30" East, a distance of 1,453.18 feet along
308	306		the most Westerly line of the 550 acres (Deed call: 1,442.46 feet)
309	307		to a 2 inch PVC survey monument with a cap, set for the Northwest
310	308		corner of the 550 acres and the T.A. & Helen McWhorter Survey;
311	309		THENCE South 89°31'29" East, a distance of 199.82 feet along
312	310		the North line of the 550 acres (Deed call: 199.11 feet) to a 5/8
313	311		inch iron rod with a survey cap, set for an angle point in the North
314	312		line of the 550 acre and the Southwest corner of the John Sealy
315	313		Survey in the North line of the T.A. & Helen McWhorter Survey;
316	314		THENCE North 89°55'54" East, a distance of 2,286.60 feet along
317	315		the North line of the 550 acre tract and the common line of the T.A. &
318	316		Helen McWhorter Survey and the John Sealy Survey, back to the
319	317		Point of Beginning and containing 274.908 acres of land.
320	318		PARCEL 2 (138.586 ACRES)
321	319		All that certain tract or parcel of land situated in the
322	320		William Bryan Survey, Abstract Number 108 and the T.A. & Helen
323	321		McWhorter Survey, Abstract Number 800, in Montgomery County, Texas
324	322		and being the East one-half of that certain 550 acres as described
325	323		in Deed to Selected Lands, LTD, #12, recorded in Volume 822, Page
326	324		932 of the Montgomery County Deed Records; said East one-half being
327	325		more particularly described by metes and bonds as follows with all
328	326		bearings referenced to said Deed and particularly, the North line
329	327		of the T.A. & Helen McWhorter Survey, common to the South line of
330	328		the John Sealy Survey, Abstract Number 758:
331	329		BEGINNING at a 5/8 in Iron rod, found for the Northeast corner
332	330		of the 550 acres and a corner of that certain MISSTEX PROPERTIES,
333	331		L.C. tract as described to Deed recorded under Clerk's File Number
334	332		9754357 and 9813250 of the Montgomery County Real Property Records
335	333		and being further located at the Northeast corner of the T.A. &
336	334		Helen McWhorter Survey, the Southeast corner of the John Sealy
337	335		Survey, in a West line of the Archibald Hodge Survey, Abstract
338	336		Number 18;
339	337		THENCE South 00°30'50" West, along the West line of the
340	338		Archibald Hodge Survey and the East line T.A. & Helen McWhorter
341	339		Survey and the William Bryan Survey, a distance of 1,573.41 feet
342	340		along the East line of the 550 acre tract (Deed call: North 00°
343	341		29'02" East, a distance of 1,586.38 feet to a 5/8 Inch iron rod with
344	342		a survey cap, set for an angle point and being the Northwest corner
345	343		of the P. O. Bundy 175.54 acre tract as described in Volume 32, Page
346	344		240 of the Montgomery County Deed Records and being a Southwest
347	345		corner of the MISSTEX PROPERTIES, L.C. tract;
348	346		THENCE South 00°18'51" West, a distance of 1,925.77 along the
349	347		East line of the 560 acres and West line of the Archibald Hodge
350	348		Survey, common to the East line of the William Bryan Survey, to a 2
351	349		Inch PVC survey monument with cap, set for an interior corner of the
352	350		herein described tract and the Southwest corner of the Bundy tract;
353	351		THENCE North 89°45'00" East, a distance of 37.97 feet along
354	352		the Easterly North line of the 550 acres and the South line of the
355	353		Bundy tract to a 1/2 inch Iron rod, found for the Northwest corner
356	354		of that certain 1140.054 acre tract as described in Volume 675, Page
357	355		317 of the Montgomery County Deed Records and called The
358	356		Wilderness, an unrecorded subdivision; said corner being the
359	357		Northwest corner of Tract 113 of The Wilderness, described under
360	358		Clerk's File Number 9246301 of the Montgomery County Real Property
361	359		Records;
362	360		THENCE South 00°24'62' East, a distance of 1,829.30 feet along
363	361		the common line of the Archibald Hodge Survey and the William Bryan
364	362		Survey, the East line of the 550 acres and the West line Tract 113,
365	363		Tract 112, recorded under Clerk's File Number 9144467 of the
366	364		Montgomery County Real Properly Records, Tract 911, recorded under
367	365		Clerk's File Number 9438370 of the Montgomery County Real Property
368	366		Records, Tract 110, Tract 80, Tract 81 North recorded under Clerk's
369	367		File Number 9168932 of the Montgomery County Real Property Records,
370	368		tract 81 South recorded under Clerk's File Number 9537698 of the
371	369		Montgomery County Real Property Records and Tract 96-A recorded
372	370		under Clerk's File Number 8448618 of the Montgomery County Real
373	371		Property Records, to a 2 inch PVC survey monument with a cap, set
374	372		for the Southeast corner of the 650 acres and the Northeast corner
375	373		of Lake Creek Ranchettes, Section 3, a 210.784 acre unrecorded
376	374		subdivision described in Volume 990, Page 238 of the Montgomery
377	375		County Deed Records and being the Northeast corner or Tact 32
378	376		recorded under Clerk's File Number 8643388 of the Real Property
379	377		Records of Montgomery County, Texas;
380	378		THENCE North 89°57'10" West, a distance of 2,279.32 feet
381	379		severing the William Bryan Survey along the South line of the 550
382	380		acres and the North line of Lake Creek Ranchettes, Section 3, Tract
383	381		32, Tract 31, Tract 30 recorded under Clerk's File Number 8737294 of
384	382		the Real Property Records, Tract 29 recorded under Clerk's File
385	383		Number 8603634 of the Real Property Records, Tract 28 recorded
386	384		under Clerk's File Number 8119625 of the Real Property Records, and
387	385		Tract 21 recorded in Volume 9022,_ Page 732 of the Montgomery County
388	386		Deed Records, to a 2 inch PVC survey monument with cap, set for the
389	387		Southwest earner of the herein described tract of land;
390	388		THENCE North 00°02'42" East, a distance of 5,323.70 feet,
391	389		severing the 550 acres and the William Bryan Survey and the TA &
392	390		Helen McWhorter Survey, to a 2 inch PVC survey monument with cap,
393	391		set for the Northwest corner of the herein described tract in the
394	392		North fine of the 550 acres and the common line of the T.A. & Helen
395	393		McWhorter Survey and the John Sealy Survey;
396	394		THENCE North 89°55'54" East, a distance of 2,248.50 feet along
397	395		the North line of the 850 acre tract and the common line or the T.A. &
398	396		Helen McWhorter Survey and the John Sealy Survey, back to the
399	397		Point of Beginning and containing 274.908 acres of land.
400	398		SAVE AND EXCEPT a 136.322 acre tract of land conveyed by
401	399		Warranty Deed recorded under Clerk's File No. 2009-105746 of the
402	400		Real Property Records of Montgomery County, Texas and being more
403	401		particularly described by metes and bounds description contained
404	402		therein.
405	403		PARCEL 3 (136.322 ACRES)
406	404		All that certain tract or parcel of land situated In the
407	405		William Bryan Survey, Abstract Number 108, in Montgomery County,
408	406		Texas and being the Southerly 136.322 acres of land out of and a
409	407		part of the East one-half of that certain 550 acres as described in
410	408		Deed to Selected Lands, LTD, #12, recorded in Volume 822, Page 932
411	409		of the Montgomery County Deed Records; said 136.322 acres being
412	410		more particularly described by metes and bonds as follows with all
413	411		bearings referenced to said Deed and particularly, the North line
414	412		of the T.A. & Helen McWhorter Survey, common to the South line of
415	413		the John Sealy Survey, Abstract Number 758:
416	414		COMMENCING at a 5/8 in Iron rod, found for the Northeast
417	415		corner of the 550 acres and a corner of that certain MISSTEX
418	416		PROPERTIES, L.C. tract as described to Deed recorded under Clerk's
419	417		File Number 9754357 and 9813250 of the Montgomery County Real
420	418		Property Records and being further located at the Northeast corner
421	419		of the T.A. & Helen McWhorter Survey, the Southeast corner of the
422	420		John Sealy Survey, in a West line of the Archibald Hodge Survey,
423	421		Abstract Number 18;
424	422		THENCE South 00°30'50" West, along the West line of the
425	423		Archibald Hodge Survey and the East line T.A. & Helen McWhorter
426	424		Survey and the William Bryan Survey, a distance of 1,573.41 feet
427	425		along the East line of the 550 acre tract (Deed call: North 00°
428	426		29'02" East, a distance of 1,586.38 feet to a 5/8 Inch iron rod with
429	427		a survey cap, set for an angle point and being the Northwest corner
430	428		of the P. O. Bundy 175.54 acre tract as described in Volume 32, Page
431	429		240 of the Montgomery County Deed Records and being a Southwest
432	430		corner of the MISSTEX PROPERTIES, L.C. tract;
433	431		THENCE South 00°18'51" West, a distance of 1,925.77 along the
434	432		East line of the 560 acres and West line of the Archibald Hodge
435	433		Survey, common to the East line of the William Bryan Survey, to a 2
436	434		Inch PVC survey monument with cap, set for an interior corner of the
437	435		550 acres and the POINT OF BEGINNING of the herein described tract
438	436		and the Southwest corner of the Bundy tract;
439	437		THENCE North 89°45'00" East, a distance of 37.97 feet along
440	438		the Easterly North line of the 550 acres and the South line of the
441	439		Bundy tract to a 1/2 inch Iron rod, found for the Northwest corner
442	440		of that certain 1140.064 acre tract as described in Volume 875, Page
443	441		317 of the Montgomery County Deed Records and called The
444	442		Wilderness, an unrecorded subdivision; said corner being the
445	443		Northwest corner of Tract 113 of The Wilderness, described under
446	444		Clerk's File Number 9248301 of the Montgomery County Real Property
447	445		Records;
448	446		THENCE South 00°24'52" East, a distance of 1,829.30 feet along
449	447		the common line of the Archibald Hodge Survey and the William Bryan
450	448		Survey, the East line of the 550 and the West line Tract 113, Tract
451	449		112, recorded under Clerk's File Number 9144467 of the Montgomery
452	450		County Real Property Records, Tract 111, recorded under Clerks File
453	451		Number 9436370 of the Montgomery County Real Property Records,
454	452		Tract 110, Tract 80, Tract 81 North recorded under Clerk's File
455	453		Number 9158932 of the Montgomery County Real Property Records, 81
456	454		South recorded under Clerk's File Number 9637695 of the Montgomery
457	455		County Real Property Records and Tract 90-A recorded under Clerk's
458	456		File Number 8448018 of the Montgomery County Real Property Records,
459	457		to a 2 inch PVC survey monument with a cap, set for the Southeast
460	458		corner of the herein described tract and the 550 acres and the
461	459		Northeast corner of Lake Creek Ranchettes, Section 3, a 210.784
462	460		acre unrecorded subdivision described in Volume 990, Page 238 of
463	461		the Montgomery County Deed Records and being the Northeast corner
464	462		or Tract 32 recorded under Clerk's File Number 8643385 of the Real
465	463		Property Records of Montgomery County, Texas;
466	464		THENCE North 89°57'18" West, a distance of 2,279.32 feet
467	465		severing the William Bryan Survey along the South line of the 550
468	466		acres and the North line of Lake Creek Ranchettes, Section 3, Tract
469	467		32, Tract 31, Tract 30 recorded under Clerk's File Number 8737294 of
470	468		the Real Property Records, Tract 29 recorded under Clerk's File
471	469		Number 8603634 of the Real Property Records, Tract 28 recorded
472	470		under Clerk's File Number 8119525 of the Real Property Records, and
473	471		Tract 21 recorded in Volume 1022, Page 732 of the Montgomery County
474	472		Deed Records, to a 2 inch PVC survey monument with cap, set for the
475	473		Southwest corner of the herein described tract of land;
476	474		THENCE North 00°02'42" East, a distance of 2,651.04 feet,
477	475		severing the 550 acres and the William Bryan Survey to a 5/8 inch
478	476		iron rod, set forth the Northwest corner of the herein described
479	477		tract;
480	478		THENCE South 89°57'18" East, a distance of 2,170.54 feet,
481	479		severing the 550 acre and the William Bryan Survey to a 5/8 inch
482	480		iron rod, set forth the Northeast corner of the herein described
483	481		treat;
484	482		THENCE South 00°18'51" West, a distance of 820.57 feet,
485	483		severing the 550 acres and the William Bryan Survey to a 5/8 inch
486	484		iron rod, set for an interior corner of the herein described tract;
487	485		THENCE South 88°33'47" East, a distance of 59.36 feet severing
488	486		the 550 acres to a 5/8 inch iron rod, set for an angle point;
489	487		THENCE North 89°45'00" East, a distance of 00.85 feet beck to
490	488		the Point of Beginning, and containing 136.322 acres of land.
491	489		PARCEL 4 (1.761 ACRES)
492	490		Being 1.761 acres of land out of and a part of Tract 113, of
493	491		The Wilderness, an unrecorded subdivision of 1140.054 acres of
494	492		land, situated in the Archibald Hodge Survey, Abstract Number 18,
495	493		in Montgomery County, Texas; Tract 113, called 6.733 acres,
496	494		recorded under Clerk's File Number 9246301 of the Montgomery County
497	495		Real Property Records; said 1.761 acres being the North 60.00 feet
498	496		of Tract 113 and being more particularly described by metes and
499	497		bounds as follows:
500	498		BEGINNING at a 1/2 inch iron rod, found for the Northwest
501	499		corner of Tract 113 and being a Southerly Northeast corner of that
502	500		certain 550 acres as described in Volume 822, Page 932 of the
503	501		Montgomery County Deed Records, located at a common corner of the
504	502		Archibald Hodge Survey and the William Bryan Survey, Abstract
505	503		Number 108, Montgomery County, Texas;
506	504		THENCE North 89°41'00" East, a distance of 1,288.86 feet along
507	505		the North line of Tract 113 and The Wilderness, common to the South
508	506		line of the P.O. Bundy 178.54 acre tract as described in Volume 32,
509	507		Page 240 of the Montgomery County Deed Records, to a 5/8 inch iron
510	508		rod with survey cap, set for the Northeast corner of the, herein
511	509		described tract and the Northeast corner of Tract 113, in the center
512	510		of a 35 foot wide Trunkline Gas Company Easement, same being the
513	511		center of a 60 foot wide Road Easement;
514	512		THENCE South 18°54'00" West, a distance of 63.54 feet along
515	513		the East line of Tract 113 and the common center line of the
516	514		Trunkline Gas Company Easement and 60 foot Road Easement, to a 5/8
517	515		inch iron rod with survey cap, set for the Southeast corner of the
518	516		herein described tract;
519	517		THENCE South 89°41'00" West, a distance of 1,267.84 feet,
520	518		parallel and 60.00 feet South of the North tine of Tract 113,
521	519		severing Tract 113, to a 5/8 inch iron rod with survey cap, set for
522	520		the Southwest corner of the herein described tract in the West line
523	521		of Tract 113 and the East line of the 550 acres, common to the West
524	522		line of the Archibald Hodge Survey and the East line of the William
525	523		Bryan Survey;
526	524		THENCE North 00°24'52" West, a distance of 60.00 feet along
527	525		the West line of Tract 113 and the East line of the 550 acres, along
528	526		the aforesaid common survey line, back to the Point of Beginning and
529	527		containing 1.761 acres of land.
530	528		PARCEL 5 (4.21 ACRES MORE OR LESS)
531	529		Being a parcel of land out of Lot 114, said Lot being out of a
532	530		1140.064 acre tract recorded in Volume 675, Page 317 of the
533	531		Montgomery County Deed Records, in the Archibald Hodge Survey,
534	532		Abstract Eighteen (18) Montgomery County, Texas, said parcel being
535	533		described by metes and bounds as follows:
536	534		BEGINNING at a 1/2 inch iron rod found generally in the center
537	535		of an existing dirt road and marking the Northwest corner of Lot
538	536		114;
539	537		THENCE North 89 degrees 33 minutes 26 seconds East, with the
540	538		North line of Lot 114, 298.30 feet to a 1/2 inch iron rod set marking
541	539		the Northeast corner;
542	540		THENCE South 00 degrees 44 minutes 06 seconds East, at 403.88
543	541		feet pass a 1/2 inch iron rod set on the North line of an existing
544	542		road, continue a total distance of 463.88 feet to a 1/2 inch iron
545	543		rod set on the North line of Lot 115 and marking the Southeast
546	544		corner;
547	545		THENCE with said North line South 89 degrees 15 minutes 55
548	546		seconds West at 453.52 feet pass a 5/8 inch iron rod found on the
549	547		East line of an Existing Roadway Easement, continue a total
550	548		distance of 485.52 feet to a 1/2 inch rod set generally in the
551	549		centerline of an existing dirt road;
552	550		THENCE North 19 degrees 15 minutes 55 seconds East and
553	551		generally with a dirt road 171.60 feet;
554	552		THENCE North 22 degrees 12 minutes 06 seconds East and
555	553		generally with a dirt road 327.19 feet;
556	554		THENCE with said road North 19 degrees 04 minutes 24 seconds
557	555		East a distance of 3.00 feet to the POINT OF BEGINNING and
558	556		containing 4.21 acres more or less.
559	557		PARCEL 6 (173.21 ACRES)
560	558		Being a 173.21 acre tract of land situated in the James Hodge
561	559		4,428.4 acre Survey, Abstract No. 19, Montgomery County, Texas,
562	560		being a portion of that certain tract of land described as Tract
563	561		Three in a Deed of Trust dated April 29, 1996, as recorded in
564	562		Instrument No. 9628673, Deed Records of Montgomery County, and
565	563		being more particularly described by metes and bounds as follows:
566	564		BEGINNING at a found 3/4-inch iron rod at the southeast
567	565		corner of that certain tract of land described in deed as Tract I to
568	566		Woodforest Partners, L.P., as recorded in Instrument
569	567		No. 2006-103723, said Deed Records, said iron rod being on the
570	568		common line of said Tract Three and that certain tract of land
571	569		described in deed as Parcel 2 to Madeley Interests Ltd. I, as
572	570		recorded in Instrument No. 2002-015839, said Deed Records;
573	571		THENCE South 00° 33' 49" West, passing a set 1/2-inch iron rod
574	572		at a distance of 3,434.90 feet and continuing a total distance of
575	573		3,494.77 feet along the common line of said Tract Three and said
576	574		Parcel 2 to the common east corner of said Tract Three and Lake
577	575		Creek Forest, Section One, according to the plat thereof recorded
578	576		in Cabinet C, Sheets 31A-33A, Map Records of Montgomery County,
579	577		being in Lake Creek;
580	578		THENCE generally along said Lake Creek the following 52
581	579		courses:
582	580		1) South 49° 14' 03" West (basis of bearing from said plat
583	581		C/31A-33A) - 364.43 feet;
584	582		2) South 70° 05' 56" West - 270.32 feet;
585	583		3) South 57° 24' 12" West - 173.95 feet;
586	584		4) North 76° 23' 22" West - 168.26 feet;
587	585		5) North 61° 15' 29" West - 265.55 feet;
588	586		6) North 80° 21' 33" West - 66.49 feet;
589	587		7) South 70° 47' 27" West - 53.64 feet;
590	588		8) South 12° 28' 42" West - 115.99 feet;
591	589		9) South 68° 14' 15" West - 172.11 feet;
592	590		10) South 81° 20' 51" West - 61.44 feet;
593	591		11) North 63° 24' 34" West - 152.09 feet;
594	592		12) North 20° 39' 05" West - 223.70 feet;
595	593		13) North 59° 57' 17" West - 55.03 feet;
596	594		14) North 76° 38' 02" West - 159.91 feet;
597	595		15) North 51° 03' 14" West - 82.53 feet;
598	596		16) North 23° 57' 47" West - 161.33 feet;
599	597		17) North 04° 09' 45" West - 103.36 feet;
600	598		18) South 69° 20' 58" East - 126.86 feet;
601	599		19) North 89° 22' 37" East - 97.41 feet;
602	600		20) North 05° 59' 38" West - 88.89 feet;
603	601		21) North 45° 27' 36" West - 102.46 feet;
604	602		22) North 83° 46' 16" West - 185.35 feet;
605	603		23) North 87° 40' 55" West - 102.63 feet;
606	604		24) North 50° 52' 10" West - 332.92 feet;
607	605		25) North 76° 27' 35" West - 114.14 feet;
608	606		26) South 89° 06' 30" West - 256.93 feet;
609	607		27) South 54° 21' 29" West - 97.81 feet;
610	608		28) South 63° 14' 00" West - 228.88 feet;
611	609		29) South 35° 20' 05" West - 203.54 feet;
612	610		30) South 82° 55' 04" West - 209.92 feet;
613	611		31) South 88° 41' 56" West - 98.88 feet;
614	612		32) South 21° 54' 36" West - 132.61 feet;
615	613		33) South 23° 38' 11" East - 268.68 feet;
616	614		34) South 41° 47' 46" West - 184.93 feet;
617	615		35) South 89° 25' 53" West - 365.93 feet;
618	616		36) South 62° 05' 48" West - 154.78 feet;
619	617		37) South 16° 16' 58" East - 49.08 feet;
620	618		38) South 73° 08' 19" East - 166.65 feet;
621	619		39) South 29° 52' 30" East - 189.24 feet;
622	620		40) South 33° 51' 13" West - 85.14 feet;
623	621		41) South 86° 56' 06" West - 102.64 feet;
624	622		42) South 54° 02' 15" West - 134.22 feet;
625	623		43) South 30° 47' 37" East - 123.85 feet;
626	624		44) South 69° 21' 03" East - 164.23 feet;
627	625		45) South 06° 15' 12" West - 105.83 feet;
628	626		46) South 65° 14' 29" West - 229.22 feet;
629	627		47) South 44° 22' 17" West - 332.47 feet;
630	628		48) South 10° 56' 34" East - 118.73 feet;
631	629		49) South 49° 38' 42" East - 228.84 feet;
632	630		50) South 00° 34' 09" East - 132.36 feet;
633	631		51) South 49° 50' 23" West - 186.11 feet;
634	632		52) North 69° 14' 38" West - 265.77 feet to the common west
635	633		corner of aforesaid Tract Three and aforesaid Lake Creek Forest
636	634		addition;
637	635		THENCE North 00° 35' 07" East along the west line of said Tract
638	636		Three, passing a set 1/2-inch iron rod at a distance of 355.96 feet,
639	637		passing the southeast corner of that certain tract of land
640	638		described seventh in a Partition Deed dated May 27, 1998, as
641	639		recorded in Instrument No. 9843646, aforesaid Deed Records, at a
642	640		distance of 773.62 feet and continuing along the common line of said
643	641		Tract Three and said Partition Deed, passing the common east corner
644	642		of said Partition Deed and that certain tract of land described in
645	643		deed to Woodforest Partners, L.P., as recorded in Instrument
646	644		No. 2007-121051, said Deed Records, at a distance of 1,680.88 feet
647	645		and continuing along the common line of said Tract Three and said
648	646		Woodforest Partners (2007-121051) tract a total distance of
649	647		2,423.86 feet to a set 1/2-inch iron rod at a re-entrant corner of
650	648		aforesaid Tract I (Woodforest Partners);
651	649		THENCE North 78° 42' 00" East, a distance of 3,069.88 feet
652	650		along the most southerly south line of said Tract I to a found
653	651		5/8-inch iron rod;
654	652		THENCE North 20° 29' 32" East, a distance of 1,896.92 feet
655	653		along said south line to a found 3/4-inch iron rod;
656	654		THENCE North 57° 53' 52" East, a distance of 944.04 feet along
657	655		said south line to the POINT OF BEGINNING and containing 7,545,035
658	656		square feet or 173.21 acres of land.
659	657		SECTION 3. (a) The legal notice of the intention to
660	658		introduce this Act, setting forth the general substance of this
661	659		Act, has been published as provided by law, and the notice and a
662	660		copy of this Act have been furnished to all persons, agencies,
663	661		officials, or entities to which they are required to be furnished
664	662		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
665	663		Government Code.
666	664		(b) The governor, one of the required recipients, has
667	665		submitted the notice and Act to the Texas Commission on
668	666		Environmental Quality.
669	667		(c) The Texas Commission on Environmental Quality has filed
670	668		its recommendations relating to this Act with the governor, the
671	669		lieutenant governor, and the speaker of the house of
672	670		representatives within the required time.
673	671		(d) All requirements of the constitution and laws of this
674	672		state and the rules and procedures of the legislature with respect
675	673		to the notice, introduction, and passage of this Act are fulfilled
676	674		and accomplished.
677	675		SECTION 4. (a) If this Act does not receive a two-thirds
678	676		vote of all the members elected to each house, Subchapter C, Chapter
679	677		7954, Special District Local Laws Code, as added by Section 1 of
680	678		this Act, is amended by adding Section 7954.107 to read as follows:
681	679		Sec. 7954.107. NO EMINENT DOMAIN POWER. The district may
682	680		not exercise the power of eminent domain.
683	681		(b) This section is not intended to be an expression of a
684	682		legislative interpretation of the requirements of Section 17(c),
685	683		Article I, Texas Constitution.
686	684		SECTION 5. This Act takes effect immediately if it receives
687	685		a vote of two-thirds of all the members elected to each house, as
688	686		provided by Section 39, Article III, Texas Constitution. If this
689	687		Act does not receive the vote necessary for immediate effect, this
690	688		Act takes effect September 1, 2015.
	689	+	______________________________ ______________________________
	690	+	President of the Senate Speaker of the House
	691	+	I hereby certify that S.B. No. 2064 passed the Senate on
	692	+	May 15, 2015, by the following vote: Yeas 30, Nays 1.
	693	+	______________________________
	694	+	Secretary of the Senate
	695	+	I hereby certify that S.B. No. 2064 passed the House on
	696	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	697	+	present not voting.
	698	+	______________________________
	699	+	Chief Clerk of the House
	700	+	Approved:
	701	+	______________________________
	702	+	Date
	703	+	______________________________
	704	+	Governor