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Texas House Bill HB2031

Texas 2017 - 85th Regular

Texas House Bill HB2031 Compare Versions

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11 85R24262 DMS-F
22 By: Lang H.B. No. 2031
33 Substitute the following for H.B. No. 2031:
44 By: Cortez C.S.H.B. No. 2031
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the creation of the Cresson Crossroads Municipal
1010 Utility District No. 2; granting a limited power of eminent domain;
1111 providing authority to issue bonds; providing authority to impose
1212 assessments, fees, and taxes.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1515 Code, is amended by adding Chapter 7968 to read as follows:
1616 CHAPTER 7968. CRESSON CROSSROADS MUNICIPAL UTILITY DISTRICT NO. 2
1717 SUBCHAPTER A. GENERAL PROVISIONS
1818 Sec. 7968.001. DEFINITIONS. In this chapter:
1919 (1) "Board" means the district's board of directors.
2020 (2) "Commission" means the Texas Commission on
2121 Environmental Quality.
2222 (3) "Director" means a board member.
2323 (4) "District" means the Cresson Crossroads Municipal
2424 Utility District No. 2.
2525 Sec. 7968.002. NATURE OF DISTRICT. The district is a
2626 municipal utility district created under Section 59, Article XVI,
2727 Texas Constitution.
2828 Sec. 7968.003. CONFIRMATION AND DIRECTORS' ELECTION
2929 REQUIRED. The temporary directors shall hold an election to
3030 confirm the creation of the district and to elect five permanent
3131 directors as provided by Section 49.102, Water Code.
3232 Sec. 7968.004. CONSENT OF MUNICIPALITY REQUIRED. The
3333 temporary directors may not hold an election under Section 7968.003
3434 until each municipality in whose corporate limits or
3535 extraterritorial jurisdiction the district is located has
3636 consented by ordinance or resolution to the creation of the
3737 district and to the inclusion of land in the district.
3838 Sec. 7968.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
3939 The district is created to serve a public purpose and benefit.
4040 (b) The district is created to accomplish the purposes of:
4141 (1) a municipal utility district as provided by
4242 general law and Section 59, Article XVI, Texas Constitution; and
4343 (2) Section 52, Article III, Texas Constitution, that
4444 relate to the construction, acquisition, improvement, operation,
4545 or maintenance of macadamized, graveled, or paved roads, or
4646 improvements, including storm drainage, in aid of those roads.
4747 Sec. 7968.006. INITIAL DISTRICT TERRITORY. (a) The
4848 district is initially composed of the territory described by
4949 Section 2 of the Act enacting this chapter.
5050 (b) The boundaries and field notes contained in Section 2 of
5151 the Act enacting this chapter form a closure. A mistake made in the
5252 field notes or in copying the field notes in the legislative process
5353 does not affect the district's:
5454 (1) organization, existence, or validity;
5555 (2) right to issue any type of bond for the purposes
5656 for which the district is created or to pay the principal of and
5757 interest on a bond;
5858 (3) right to impose a tax; or
5959 (4) legality or operation.
6060 SUBCHAPTER B. BOARD OF DIRECTORS
6161 Sec. 7968.051. GOVERNING BODY; TERMS. (a) The district is
6262 governed by a board of five elected directors.
6363 (b) Except as provided by Section 7968.052, directors serve
6464 staggered four-year terms.
6565 Sec. 7968.052. TEMPORARY DIRECTORS. (a) The temporary
6666 board consists of:
6767 (1) Randy Price;
6868 (2) Cliff May;
6969 (3) Derek Tanner;
7070 (4) Michael Hooser; and
7171 (5) Aaron Grant.
7272 (b) Temporary directors serve until the earlier of:
7373 (1) the date permanent directors are elected under
7474 Section 7968.003; or
7575 (2) the fourth anniversary of the effective date of
7676 the Act enacting this chapter.
7777 (c) If permanent directors have not been elected under
7878 Section 7968.003 and the terms of the temporary directors have
7979 expired, successor temporary directors shall be appointed or
8080 reappointed as provided by Subsection (d) to serve terms that
8181 expire on the earlier of:
8282 (1) the date permanent directors are elected under
8383 Section 7968.003; or
8484 (2) the fourth anniversary of the date of the
8585 appointment or reappointment.
8686 (d) If Subsection (c) applies, the owner or owners of a
8787 majority of the assessed value of the real property in the district
8888 may submit a petition to the commission requesting that the
8989 commission appoint as successor temporary directors the five
9090 persons named in the petition. The commission shall appoint as
9191 successor temporary directors the five persons named in the
9292 petition.
9393 SUBCHAPTER C. POWERS AND DUTIES
9494 Sec. 7968.101. GENERAL POWERS AND DUTIES. The district has
9595 the powers and duties necessary to accomplish the purposes for
9696 which the district is created.
9797 Sec. 7968.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9898 DUTIES. The district has the powers and duties provided by the
9999 general law of this state, including Chapters 49 and 54, Water Code,
100100 applicable to municipal utility districts created under Section 59,
101101 Article XVI, Texas Constitution.
102102 Sec. 7968.103. AUTHORITY FOR ROAD PROJECTS. Under Section
103103 52, Article III, Texas Constitution, the district may design,
104104 acquire, construct, finance, issue bonds for, improve, operate,
105105 maintain, and convey to this state, a county, or a municipality for
106106 operation and maintenance macadamized, graveled, or paved roads, or
107107 improvements, including storm drainage, in aid of those roads.
108108 Sec. 7968.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
109109 project must meet all applicable construction standards, zoning and
110110 subdivision requirements, and regulations of each municipality in
111111 whose corporate limits or extraterritorial jurisdiction the road
112112 project is located.
113113 (b) If a road project is not located in the corporate limits
114114 or extraterritorial jurisdiction of a municipality, the road
115115 project must meet all applicable construction standards,
116116 subdivision requirements, and regulations of each county in which
117117 the road project is located.
118118 (c) If the state will maintain and operate the road, the
119119 Texas Transportation Commission must approve the plans and
120120 specifications of the road project.
121121 Sec. 7968.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
122122 water, sanitary sewer, road, drainage, or other infrastructure or
123123 public facilities constructed, acquired, improved, maintained, or
124124 operated by the district shall comply with any subdivision or other
125125 applicable regulations of any municipality in whose corporate
126126 limits or extraterritorial jurisdiction the infrastructure or
127127 public facilities are located unless other regulations are
128128 specified in a development agreement between the district and the
129129 municipality.
130130 Sec. 7968.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
131131 OR RESOLUTION. 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 Sec. 7968.107. DIVISION OF DISTRICT. (a) The district may
137137 be divided into two or more new districts only if:
138138 (1) the district has no outstanding bonded debt; and
139139 (2) the district is not imposing ad valorem taxes.
140140 (b) This chapter applies to any new district created by the
141141 division of the district, and a new district has all the powers and
142142 duties of the district.
143143 (c) Any new district created by the division of the district
144144 may not, at the time the new district is created, contain any land
145145 outside the area described by Section 2 of the Act creating this
146146 chapter.
147147 (d) The board, on its own motion or on receipt of a petition
148148 signed by the owner or owners of a majority of the assessed value of
149149 the real property in the district, may adopt an order dividing the
150150 district.
151151 (e) The board may adopt an order dividing the district
152152 before or after the date the board holds an election under Section
153153 7968.003 to confirm the creation of the district.
154154 (f) An order dividing the district shall:
155155 (1) name each new district;
156156 (2) include the metes and bounds description of the
157157 territory of each new district;
158158 (3) appoint temporary directors for each new district;
159159 and
160160 (4) provide for the division of assets and liabilities
161161 between or among the new districts.
162162 (g) On or before the 30th day after the date of adoption of
163163 an order dividing the district, the district shall file the order
164164 with the commission and record the order in the real property
165165 records of each county in which the district is located.
166166 (h) Any new district created by the division of the district
167167 shall hold a confirmation and directors' election as required by
168168 Section 7968.003.
169169 (i) If the creation of the new district is confirmed, the
170170 new district shall provide the election date and results to the
171171 commission.
172172 (j) Any new district created by the division of the district
173173 must hold an election as required by this chapter to obtain voter
174174 approval before the district may impose a maintenance tax or issue
175175 bonds payable wholly or partly from ad valorem taxes.
176176 (k) Municipal consent to the creation of the district and to
177177 the inclusion of land in the district granted under Section
178178 7968.004 acts as municipal consent to the creation of any new
179179 district created by the division of the district and to the
180180 inclusion of land in the new district.
181181 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
182182 Sec. 7968.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
183183 district may issue, without an election, bonds and other
184184 obligations secured by:
185185 (1) revenue other than ad valorem taxes; or
186186 (2) contract payments described by Section 7968.153.
187187 (b) The district must hold an election in the manner
188188 provided by Chapters 49 and 54, Water Code, to obtain voter approval
189189 before the district may impose an ad valorem tax or issue bonds
190190 payable from ad valorem taxes.
191191 (c) The district may not issue bonds payable from ad valorem
192192 taxes to finance a road project unless the issuance is approved by a
193193 vote of a two-thirds majority of the district voters voting at an
194194 election held for that purpose.
195195 Sec. 7968.152. OPERATION AND MAINTENANCE TAX. (a) If
196196 authorized at an election held under Section 7968.151, the district
197197 may impose an operation and maintenance tax on taxable property in
198198 the district in accordance with Section 49.107, Water Code.
199199 (b) The board shall determine the tax rate. The rate may not
200200 exceed the rate approved at the election.
201201 (c) Section 49.107(f), Water Code, does not apply to
202202 reimbursements for projects constructed or acquired under Section
203203 7968.103.
204204 Sec. 7968.153. CONTRACT TAXES. (a) In accordance with
205205 Section 49.108, Water Code, the district may impose a tax other than
206206 an operation and maintenance tax and use the revenue derived from
207207 the tax to make payments under a contract after the provisions of
208208 the contract have been approved by a majority of the district voters
209209 voting at an election held for that purpose.
210210 (b) A contract approved by the district voters may contain a
211211 provision stating that the contract may be modified or amended by
212212 the board without further voter approval.
213213 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
214214 Sec. 7968.201. AUTHORITY TO ISSUE BONDS AND OTHER
215215 OBLIGATIONS. The district may issue bonds or other obligations
216216 payable wholly or partly from ad valorem taxes, impact fees,
217217 revenue, contract payments, grants, or other district money, or any
218218 combination of those sources, to pay for any authorized district
219219 purpose.
220220 Sec. 7968.202. TAXES FOR BONDS. At the time the district
221221 issues bonds payable wholly or partly from ad valorem taxes, the
222222 board shall provide for the annual imposition of a continuing
223223 direct ad valorem tax, without limit as to rate or amount, while all
224224 or part of the bonds are outstanding as required and in the manner
225225 provided by Sections 54.601 and 54.602, Water Code.
226226 Sec. 7968.203. BONDS FOR ROAD PROJECTS. At the time of
227227 issuance, the total principal amount of bonds or other obligations
228228 issued or incurred to finance road projects and payable from ad
229229 valorem taxes may not exceed one-fourth of the assessed value of the
230230 real property in the district.
231231 SECTION 2. The Cresson Crossroads Municipal Utility
232232 District No. 2 initially includes all the territory contained in
233233 the following area:
234234 Field notes for:(TRACT 1 )
235235 Part of the NANCY SMITH SURVEY, Abstract No. 512 situated in Hood
236236 County, Texas; embracing a portion of the 744-672/1000 acres tract
237237 described in the deed to Cresson Crossroads LLC, recorded in volume
238238 2225, page 263 of the Real Records of Hood County, Texas and all of
239239 Lots 6, 7, 8, 9, 12, 13, 16, 18,19 and Reserve No. 1 of CRESSON
240240 CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood
241241 County, Texas according to the plat thereof recorded in Slide C-126
242242 of the Plat Records of Hood County, Texas and a portion of Lot 4-R of
243243 CRESSON CROSSROADS PHASE ONE, an Addition to the City of Cresson,
244244 Hood County, Texas according to the RePlat thereof recorded in
245245 Slide C-276 of the Plat Records, and all of Lot 10R-2 of CRESSON
246246 CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood
247247 County, Texas according to the plat thereof recorded in Slide C-323
248248 of the Plat Records and described by metes and bounds as follows:
249249 The bearings and coordinate positions are per the Texas Coordinate
250250 System North Central Zone Nad 83 (1993).
251251 Beginning at a 1/2" iron for the southwest corner of the said
252252 744-672/1000 acres tract, and in the north line of Old Granbury
253253 Road.
254254 Thence northeasterly along the most southerly west line of the said
255255 744-672/1000 acres tract the following:
256256 north 00 degrees-51 minutes-58 seconds east 1884-49/100
257257 feet;
258258 north 00 degrees-06 minutes-08 seconds east 1700-36/100 feet
259259 to a 6" steel fence corner for a reentrant corner of the said
260260 744-672/1000 acres tract.
261261 Thence southwesterly along the most westerly south line of the said
262262 744-672/1000 acres tract the following:
263263 south 73 degrees-35 minutes-07 seconds west 3997-93/100 feet
264264 to a 5/8" iron,
265265 south 67 degrees-31 minutes-39 seconds west 94-23/100 feet to
266266 a 6" steel fence corner for the most westerly southwest
267267 corner of the said 744-672/1000 acres tract.
268268 Thence north 00 degrees-21 minutes-27 seconds east, along the west
269269 line of said 744-672/1000 acres tract, to and along the west line of
270270 said CRESSON CROSSROADS PHASE ONE,
271271 5527-54/100 feet.
272272 Thence 62 degrees-28 minutes-48 seconds east 885-75/100 feet to the
273273 easterly line of said Lot 4-R, and the westerly line of Hughie Long
274274 Road.
275275 Thence southwesterly and southeasterly, along the easterly line of
276276 said Lot 4-R and the westerly line of said Hughie Long Road, to and
277277 along the easterly line of said 6, 7, 8, and 9, the following:
278278 south 27 degrees-53 minutes-51 seconds west 190-82/100 feet
279279 to the beginning of a curve to the left having a radius of
280280 1030 feet;
281281 along said curve to the left an arc length of 495-08/100 feet
282282 to its end. The long chord of said 495-08/100 feet arc is
283283 south 14 degrees-07 minutes-39 seconds west 490-33/100 feet;
284284 south 00 degrees-21 minutes-27 seconds west 644-28/100 feet
285285 to the beginning of a curve to the left having a radius of 530
286286 feet;
287287 along said curve to the left an arc length of 479-16/100 feet
288288 to the northeasterly corner of said Lot 9. The long chord of
289289 said 479-16/100 feet arc is south 25 degrees-32 minutes-35
290290 seconds east 463-01 /100 feet.
291291 Thence south 19 degrees-25 minutes-35 seconds west, along the
292292 easterly line of said Lot 9, a distance of 440-69/100 feet to the
293293 northwest corner of said Lot 10R-2.
294294 Thence south 81 degrees-24 minutes-47 seconds east, along the
295295 northerly line of said Lot 10R-2, a distance of 317-64/100 feet to
296296 the northeasterly corner of said Lot 10R-2, in the west
297297 right-of-way of Cantrell Court.
298298 Thence south 08 degrees-35 minutes-11 seconds west, along the
299299 easterly line of said Lot 10R-2, and the westerly right-of-way of
300300 said Cantrell Court, 269-80/100 feet to the southeast corner of
301301 said Lot 10R-2, and the southwest end of said Cantrell Court, in the
302302 south line of said CRESSON CROSSROADS PHASE ONE.
303303 Thence north 82 degrees-58 minutes-22 seconds east, along the south
304304 line of said said Lot 10R-2, and the southwest end of said Cantrell
305305 Court, in the south line of said CRESSON CROSSROADS PHASE ONE,
306306 517-53/100 feet to the southwest corner of said Lot 12 and the
307307 southeast corner of Lot 11 of said CRESSON CROSSROADS PHASE ONE.
308308 Thence north 07 degrees-01 minute-38 seconds west, along the common
309309 line of said Lots 11 and 12, a distance of 580-80/100 feet to the
310310 northwest corner of said Lot 12, in the south right-of-way of said
311311 Hughie Long Road.
312312 Thence north 82 degrees-58 minutes-22 seconds east, along the north
313313 line of said Lot 12, and the south right-of-way of said Hughie Long
314314 Road, to and along the north line of said Lot 13, and said Reserve
315315 No. 1, a distance of 1146-33/100 feet to the northeast corner of
316316 said Reserve No. 1.
317317 Thence south 07 degrees-01 minute-38 seconds east, along the east
318318 line of said Reserve No. 1, a distance of 580-80/100 feet to the
319319 southeast corner of said Reserve No. 1, in the south line of said
320320 CRESSON CROSSROADS PHASE ONE.
321321 Thence north 82 degrees-58 minutes-22 seconds east, along the south
322322 line of said CRESSON CROSSROADS PHASE ONE, 1009-41/100 feet to the
323323 southeast corner of Lot 15R-2R2 of CRESSON CROSSROADS PHASE ONE,
324324 according to the plat thereof recorded in Slide P-462 of the said
325325 Plat Records, in the west right-of-way of Glascock Drive.
326326 Thence south 23 degrees-54 minutes-25 seconds east, along a
327327 southwesterly line of said CRESSON CROSSROADS PHASE ONE, 83-16/100
328328 feet to the west line of said Lot 16, and the east right-of-way of
329329 said Glascock Drive.
330330 Thence north 22 degrees-16 minutes-14 seconds east, along the west
331331 line of said Lot 16, and the easterly line of said Glascock Drive,
332332 122-73/100 feet to the northwest corner of said Lot 16, at the
333333 intersection of the easterly line of said Glascock Drive, and the
334334 southerly right-of-way of said Hughie Long Road, in a curve to the
335335 left having a radius of 1030 feet.
336336 Thence southeasterly, along the north line of said Lot 16, and the
337337 south right-of-way of said Hughie Long Road, along said curve to the
338338 left an arc length of 231-22/100 feet to the northeast corner of
339339 said Lot 16, and the northwest corner of Lot 17 of said CRESSON
340340 CROSSROADS PHASE ONE. The long chord of said 231-22/100 feet arc is
341341 south 75 degrees-49 minutes-46 seconds east 230-73/100 feet.
342342 Thence south 00 degrees-13 minutes-12 seconds west, along the
343343 common line of said Lots 16 and 17, a distance of 335-09/100 feet to
344344 the southeast corner of said Lot 16, and the southwest corner of
345345 said Lot 17, in the south line of said CRESSON CROSSROADS PHASE ONE.
346346 Thence southeasterly, along the south line of said Lot 17, and the
347347 south line of said CRESSON CROSSROADS PHASE ONE, the following:
348348 south 89 degrees-46 minutes-48 seconds east 39-87/100 feet;
349349 north 82 degrees-58 minutes-22 seconds east 279-18/100 feet
350350 to the southeast corner of said Lot 17, and the southwest
351351 corner of said Lot 18.
352352 Thence north 07 degrees-01 minute-38 seconds west, along the common
353353 line of said Lots 17 and 18, a distance of 303-42/100 feet to the
354354 northwest corner of said Lot 18, in the southerly right-of-way of
355355 said Hughie Long Road.
356356 Thence northeasterly and southeasterly, along the north line of
357357 said Lot 18, and the southerly right-of-way of said Hughie Long
358358 Road, to and along the north line of said Lot 19, the following:
359359 north 82 degrees-58 minutes-22 seconds east 550-88/100 feet
360360 to the beginning of a curve to the right having a radius of
361361 270 feet;
362362 along said curve to the right an arc length of 164-58/100 feet
363363 to its end. The long chord of said 164-58/100 feet arc is
364364 south 79 degrees-33 minutes-53 seconds east 162-04/100 feet.
365365 south 62 degrees-06 minutes-09 seconds east 5-06/100 feet to
366366 the northeast corner of said Lot 19, at the intersection of
367367 the southerly right-of-way of said Hughie Long Road, and the
368368 westerly right-of-way of Slocum Ranch Road.
369369 Thence southwesterly, along the easterly line of said Lot 19, and
370370 the westerly right-of-way of said Slocum Ranch Road, the following:
371371 south 27 degrees-42 minutes-02 seconds west 30-82/100 feet to
372372 the beginning of a curve to the left having a radius of 2100
373373 feet;
374374 along said curve to the left an arc length of 264-83/100 feet
375375 to the southeast corner of said Lot 19 and the southwest
376376 corner of said Slocum Ranch Road. The long chord of said
377377 264-83/100 feet arc is south 24 degrees-05 minutes-17 seconds
378378 west 264-65 /100 feet.
379379 Thence south 69 degrees-31 minutes-29 seconds east, along the south
380380 line of said Slocum Ranch Road, 100-00/100 feet to the east line of
381381 Slocum Ranch Road, and the beginning of a curve to the right having
382382 a radius of 2000-00/100 feet.
383383 Thence northeasterly along the said east line of Slocum Ranch Road,
384384 and said curve to the right an arc length of 252-21/100 feet; the
385385 long chord of the said 252-21/100 feet arc is north 24 degrees-05
386386 minutes-17 seconds east 252-04/100 feet.
387387 Thence north 27 degrees-42 minutes-02 seconds east, along the said
388388 east line of Slocum Ranch Road, 630-29/100 feet to the north line of
389389 the said 744-672/1000 acres tract, and the south line of State
390390 Highway No. 171.
391391 Thence south 62 degrees-07 minutes-00 seconds east, along the said
392392 north line of the 744-672/1000 acres tract, and the said south line
393393 of State Highway No. 171, 2140-45/100 feet to the most northerly
394394 northeast corner of the said 744-672/1000 acres tract.
395395 Thence southerly, then northwesterly, then southerly along the
396396 easterly line of the said 744-672/1000 acres tract the following:
397397 south 30 degrees-48 minutes-16 seconds west 131-94/100 feet;
398398 south 50 degrees-55 minutes-01 second east 175-29/100 feet;
399399 south 35 degrees-08 minutes-10 seconds west 508-28/100 feet;
400400 north 55 degrees-45 minutes-14 seconds west 59-45/100 feet;
401401 south 35 degrees-31 minutes-08 seconds west 207-72/100 feet;
402402 south 53 degrees-39 minutes-22 seconds east 149-78/100 feet;
403403 south 35 degrees-50 minutes-43 seconds west 248-84/100 feet;
404404 south 53 degrees-35 minutes-36 seconds east 412-81/100 feet
405405 to the northeast corner of the 2-245/1000 acres tract
406406 described in the deed to Betty L. Henson Family Partnership,
407407 L.P., recorded in volume 2508, page 712 of the said Real
408408 Records, and the beginning of a curve to the right having a
409409 radius of 224-00/100 feet.
410410 Thence southwesterly along the northwesterly line of the said
411411 2-245/1000 acres tract, and said curve to the right an arc length of
412412 206-71/100 feet; the long chord of the said 206-71/100 feet arc is
413413 south 63 degrees-04 minutes-17 seconds west 199-46/100 feet.
414414 Thence southerly along the said northwesterly line of the
415415 2-245/1000 acres tract, to and along the northwesterly line, and
416416 the southwesterly of Lot 1, Phase 2, CRESSON CROSSROADS, according
417417 to the plat thereof recorded in Slide C-223 of the said Plat Records
418418 the following:
419419 south 89 degrees-30 minutes-30 seconds west 62-17/100 feet;
420420 south 32 degrees-28 minutes-47 seconds west 113-40/100 feet;
421421 south 00 degrees-59 minutes-04 seconds west 372-43/100 feet;
422422 south 35 degrees-28 minutes-40 seconds west 203-06/100 feet
423423 to the northerly corner of said Lot 1;
424424 south 35 degrees-55 minutes-50 seconds west 338-42/100 feet
425425 to the westerly corner of said Lot 1;
426426 south 54 degrees-04 minutes-10 seconds east 260-72/100 feet
427427 to the easterly line of the said 744-672/1000 acres tract,
428428 and southerly corner of said Lot, 1, and in the west line of
429429 U.S. Highway No. 377.
430430 Thence southwesterly along the said easterly line of the
431431 744-672/1000 acres tract, and the said west line of U.S. Highway
432432 No. 377, the following:
433433 south 35 degrees-14 minutes-38 seconds west 501-06/100 feet;
434434 south 35 degrees-00 minutes-14 seconds west 165-65/100 feet;
435435 south 35 degrees-30 minutes-36 seconds west 614-77/100 feet;
436436 south 41 degrees-55 minutes-26 seconds west 403-69/100 feet;
437437 south 34 degrees-08 minutes-17 seconds west 200-11/100 feet;
438438 south 29 degrees-40 minutes-57 seconds west 318-73/100 feet;
439439 south 28 degrees-50 minutes-42 seconds west 172-82/100 feet
440440 south 32 degrees-49 minutes-34 seconds west 508-28/100 feet;
441441 south 60 degrees-56 minutes-28 seconds west 175-64/100 feet
442442 to the most southerly southeast corner of the said
443443 744-672/1000 acres tract in the north line of Old Granbury
444444 Road.
445445 Thence south 89 degrees-25 minutes-07 seconds west, along the south
446446 line of the said 744-672/1000 acres tract, and the said north line
447447 of Old Granbury Road, 953-56/100 feet to the Beginning and
448448 containing 561-055/1000 acres.
449449 Compiled on December 17, 2016 from Real Records, and Plat Records of
450450 Hood County, Texas, and some previous surveys.
451451 Field notes for:(TRACT 2 )
452452 All of Lot 40 of CRESSON CROSSROADS PHASE ONE, an Addition to the
453453 City of Cresson, Hood County, Texas according to the plat thereof
454454 recorded in Slide C-126 of the Plat Records of Hood County, Texas
455455 and all of Lot 41-R of CRESSON CROSSROADS PHASE ONE, an Addition to
456456 the City of Cresson, Hood County, Texas according to the plat
457457 thereof recorded in Slide C-350 of the said Plat Records, and
458458 described by metes and bounds as follows:
459459 Beginning at the northwesterly corner of said Lot 40 at the
460460 intersection of the southwesterly right-of-way of State Highway
461461 No. 171, and the southeasterly right-of-way of Hughie Long Road.
462462 Thence south 62 degrees-06 minutes-59 seconds east, along the
463463 northeasterly line of said Lot 40, and the southwesterly
464464 right-of-way of said State Highway No. 171, to and along the
465465 northeasterly line of said Lot 41-R, a distance of 422-10/100 feet
466466 to the northeasterly corner of said Lot 41-R.
467467 Thence south 27 degrees-53 minutes-51 seconds west, along the
468468 southeasterly line of said Lot 41-R, a distance of 309-72/100 feet
469469 to the southeasterly corner of said Lot 41-R, in the northeasterly
470470 line of Lot 39 of said CRESSON CROSSROADS PHASE ONE.
471471 Thence north 62 degrees-06 minutes-59 seconds west, along the
472472 southwesterly line of said Lot 41-R, and the northeasterly line of
473473 said lot 39, to and along the southwesterly line of said Lot 40, a
474474 distance of 422-10/100 feet to the southwesterly corner of said Lot
475475 40, in the easterly right-of-way of said Hughie Long Road.
476476 Thence north 27 degrees-53 minutes-51 seconds east, along the
477477 westerly line of said Lot 40, and the easterly right-of-way of said
478478 Hughie Long Road, 309-72/100 feet to the place of beginning and
479479 containing 3-001/1000 acres.
480480 Compiled on December 16, 2016 from Real Records, and Plat Records of
481481 Hood County, Texas, and some previous surveys.
482482 SECTION 3. (a) The legal notice of the intention to
483483 introduce this Act, setting forth the general substance of this
484484 Act, has been published as provided by law, and the notice and a
485485 copy of this Act have been furnished to all persons, agencies,
486486 officials, or entities to which they are required to be furnished
487487 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
488488 Government Code.
489489 (b) The governor, one of the required recipients, has
490490 submitted the notice and Act to the Texas Commission on
491491 Environmental Quality.
492492 (c) The Texas Commission on Environmental Quality has filed
493493 its recommendations relating to this Act with the governor, the
494494 lieutenant governor, and the speaker of the house of
495495 representatives within the required time.
496496 (d) All requirements of the constitution and laws of this
497497 state and the rules and procedures of the legislature with respect
498498 to the notice, introduction, and passage of this Act are fulfilled
499499 and accomplished.
500500 SECTION 4. (a) If this Act does not receive a two-thirds
501501 vote of all the members elected to each house, Subchapter C, Chapter
502502 7968, Special District Local Laws Code, as added by Section 1 of
503503 this Act, is amended by adding Section 7968.108 to read as follows:
504504 Sec. 7968.108. NO EMINENT DOMAIN POWER. The district may
505505 not exercise the power of eminent domain.
506506 (b) This section is not intended to be an expression of a
507507 legislative interpretation of the requirements of Section 17(c),
508508 Article I, Texas Constitution.
509509 SECTION 5. This Act takes effect immediately if it receives
510510 a vote of two-thirds of all the members elected to each house, as
511511 provided by Section 39, Article III, Texas Constitution. If this
512512 Act does not receive the vote necessary for immediate effect, this
513513 Act takes effect September 1, 2017.