Texas 2017 - 85th Regular

Texas House Bill HB2075 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	85R7889 GRM-F
2	2	By: Lang H.B. No. 2075
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Cresson Municipal Utility District
7	7	No. 1 of Hood County; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 7975 to read as follows:
13	13	CHAPTER 7975. CRESSON MUNICIPAL UTILITY DISTRICT NO. 1 OF HOOD
14	14	COUNTY
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7975.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Cresson Municipal Utility
22	22	District No. 1 of Hood County.
23	23	Sec. 7975.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7975.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7975.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 7975.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7975.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
37	37	The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7975.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7975.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7975.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 7975.052. TEMPORARY DIRECTORS. (a) On or after
64	64	September 1, 2017, the owner or owners of a majority of the assessed
65	65	value of the real property in the district may submit a petition to
66	66	the commission requesting that the commission appoint as temporary
67	67	directors the five persons named in the petition. The commission
68	68	shall appoint as temporary directors the five persons named in the
69	69	petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7975.003; or
73	73	(2) September 1, 2021.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7975.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7975.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7975.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7975.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7975.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 7975.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 7975.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	Sec. 7975.106. FIREFIGHTING SERVICES. Notwithstanding
125	125	Section 49.351(a), Water Code, the district may, as authorized by
126	126	Section 59(f), Article XVI, Texas Constitution, and Section 49.351,
127	127	Water Code:
128	128	(1) establish, operate, and maintain a fire
129	129	department;
130	130	(2) contract with another political subdivision for
131	131	the joint operation of a fire department; or
132	132	(3) contract with any other person to perform
133	133	firefighting services in the district and may issue bonds and
134	134	impose taxes to pay for the department and the activities.
135	135	Sec. 7975.107. FEES AND CHARGES. (a) The district may
136	136	adopt and enforce all necessary charges, mandatory fees, or
137	137	rentals, in addition to taxes, for providing or making available
138	138	any district facility or service, including firefighting
139	139	activities provided under Section 7975.106.
140	140	(b) To enforce payment of an unpaid fee or charge due to the
141	141	district, on the request of the district, a retail public utility,
142	142	as defined by Section 13.002, Water Code, providing water or sewer
143	143	service to a customer in the district shall terminate the service.
144	144	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
145	145	Sec. 7975.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
146	146	district may issue, without an election, bonds and other
147	147	obligations secured by:
148	148	(1) revenue other than ad valorem taxes; or
149	149	(2) contract payments described by Section 7975.153.
150	150	(b) The district must hold an election in the manner
151	151	provided by Chapters 49 and 54, Water Code, to obtain voter approval
152	152	before the district may impose an ad valorem tax or issue bonds
153	153	payable from ad valorem taxes.
154	154	(c) The district may not issue bonds payable from ad valorem
155	155	taxes to finance a road project unless the issuance is approved by a
156	156	vote of a two-thirds majority of the district voters voting at an
157	157	election held for that purpose.
158	158	Sec. 7975.152. OPERATION AND MAINTENANCE TAX. (a) If
159	159	authorized at an election held under Section 7975.151, the district
160	160	may impose an operation and maintenance tax on taxable property in
161	161	the district in accordance with Section 49.107, Water Code.
162	162	(b) The board shall determine the tax rate. The rate may not
163	163	exceed the rate approved at the election.
164	164	Sec. 7975.153. CONTRACT TAXES. (a) In accordance with
165	165	Section 49.108, Water Code, the district may impose a tax other than
166	166	an operation and maintenance tax and use the revenue derived from
167	167	the tax to make payments under a contract after the provisions of
168	168	the contract have been approved by a majority of the district voters
169	169	voting at an election held for that purpose.
170	170	(b) A contract approved by the district voters may contain a
171	171	provision stating that the contract may be modified or amended by
172	172	the board without further voter approval.
173	173	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
174	174	Sec. 7975.201. AUTHORITY TO ISSUE BONDS AND OTHER
175	175	OBLIGATIONS. The district may issue bonds or other obligations
176	176	payable wholly or partly from ad valorem taxes, impact fees,
177	177	revenue, contract payments, grants, or other district money, or any
178	178	combination of those sources, to pay for any authorized district
179	179	purpose.
180	180	Sec. 7975.202. TAXES FOR BONDS. At the time the district
181	181	issues bonds payable wholly or partly from ad valorem taxes, the
182	182	board shall provide for the annual imposition of a continuing
183	183	direct ad valorem tax, without limit as to rate or amount, while all
184	184	or part of the bonds are outstanding as required and in the manner
185	185	provided by Sections 54.601 and 54.602, Water Code.
186	186	Sec. 7975.203. BONDS FOR ROAD PROJECTS. At the time of
187	187	issuance, the total principal amount of bonds or other obligations
188	188	issued or incurred to finance road projects and payable from ad
189	189	valorem taxes may not exceed one-fourth of the assessed value of the
190	190	real property in the district.
191	191	SECTION 2. The Cresson Municipal Utility District No. 1 of
192	192	Hood County initially includes all the territory contained in the
193	193	following area:
194	194	TRACT ONE
195	195	OF A 227.753 ACRES MUNICIPAL UTILITY DISTRICT OUT OF THE J.M.
196	196	HAYES SURVEY, ABSTRACT NO. 262, AND THE J.W. RANDLE SURVEY,
197	197	ABSTRACT NO. 483, HOOD COUNTY, TEXAS; BEING LOTS 1-16, ROADWAY "A" &
198	198	ROADWAY "B", AS SHOWN ON THE PLAT OF CRESSON ONE NORTH, AN ADDITION
199	199	TO THE CITY OF CRESSON, AS RECORDED IN SLIDE P-399, PLAT RECORDS,
200	200	HOOD COUNTY, TEXAS; AND BEING FURTHER DESCRIBED BY METES AND BOUNDS
201	201	AS FOLLOWS:
202	202	BEGINNING AT A POINT AT THE NORTHWEST CORNER OF SAID CRESSON
203	203	ONE NORTH, BEING THE INTERSECTION OF THE CENTERLINE OF A CREEK AND
204	204	THE SOUTH LINE OF HOOD COUNTY ROAD NO. 413 (OLD GRANBURY ROAD), FOR
205	205	THE NORTHWEST AND BEGINNING CORNER OF THIS TRACT.
206	206	THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF
207	207	SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
208	208	N 75° 41' 58" E FOR A DISTANCE OF 182.69 FEET TO A TREE, FOR A
209	209	CORNER OF THIS TRACT.
210	210	N 32° 15' 42" E FOR A DISTANCE OF 156.73 FEET TO A 3" POST, FOR
211	211	A CORNER OF THIS TRACT.
212	212	N 16° 42' 16" E FOR A DISTANCE OF 492.23 FEET TO A FOUND 5/8"
213	213	IRON ROD, FOR A CORNER OF THIS TRACT.
214	214	THENCE S 73° 46' 39" E FOR A DISTANCE OF 1077.54 FEET LEAVING
215	215	SAID SOUTH RIGHT OF WAY LINE OF SAID HOOD COUNTY ROAD NO. 413 TO A
216	216	FOUND 5/8" IRON ROD, FOR A CORNER OF THIS TRACT.
217	217	THENCE N 18° 12' 48" E FOR A DISTANCE OF 2103.25 FEET TO A
218	218	FOUND SPINDLE, FOR A CORNER OF THIS TRACT.
219	219	THENCE N 59° 18' 25" W FOR A DISTANCE OF 1168.46 FEET TO A
220	220	FOUND 5/8" IRON ROD IN THE SAID SOUTH RIGHT OF WAY LINE OF SAID HOOD
221	221	COUNTY ROAD NO. 413, FOR A CORNER OF THIS TRACT.
222	222	THENCE CONTINUING NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY
223	223	LINE OF SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
224	224	N 55° 42' 25" E FOR A DISTANCE OF 181.62 FEET TO A 6" POST, FOR
225	225	A CORNER OF THIS TRACT.
226	226	N 63° 53' 22" E FOR A DISTANCE OF 2234.22 FEET TO A 3" POST, FOR
227	227	A CORNER OF THIS TRACT.
228	228	N 65° 29' 01" E FOR A DISTANCE OF 12.25 FEET TO A 6" POST, FOR A
229	229	CORNER OF THIS TRACT.
230	230	N 66° 44' 21" E FOR A DISTANCE OF 126.35 FEET TO A 6" POST, FOR
231	231	A CORNER OF THIS TRACT.
232	232	N 74° 20' 27" E FOR A DISTANCE OF 159.94 FEET TO A 6" POST, FOR
233	233	A CORNER OF THIS TRACT.
234	234	N 88° 57' 10" E FOR A DISTANCE OF 334.39 FEET TO A 12" POST, FOR
235	235	A CORNER OF THIS TRACT.
236	236	N 89° 55' 33" E FOR A DISTANCE OF 1522.72 FEET TO A FOUND
237	237	CONCRETE MONUMENT, FOR A THE MOST NORTHERN NORTHEAST CORNER OF THIS
238	238	TRACT.
239	239	THENCE S 28° 56' 40" E FOR A DISTANCE OF 94.47 FEET TO A 6" POST
240	240	IN THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 377, FOR A CORNER
241	241	OF THIS TRACT.
242	242	THENCE SOUTHWESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF
243	243	SAID HIGHWAY NO. 377 THE FOLLOWING:
244	244	S 32° 16' 40" W FOR A DISTANCE OF 310.56 FEET TO A FOUND
245	245	CONCRETE MONUMENT, FOR A CORNER OF THIS TRACT.
246	246	S 42° 48' 40" W FOR A DISTANCE OF 304.87 FEET TO A FOUND 1/2"
247	247	IRON ROD, FOR A CORNER OF THIS TRACT.
248	248	S 20° 19' 22" W FOR A DISTANCE OF 307.00 FEET TO A FOUND 1/2"
249	249	IRON ROD, FOR A CORNER OF THIS TRACT.
250	250	S 32° 27' 18" W FOR A DISTANCE OF 300.24 FEET TO A FOUND 1/2"
251	251	IRON ROD, FOR A CORNER OF THIS TRACT.
252	252	S 41° 52' 20" W FOR A DISTANCE OF 304.24 FEET TO A FOUND 1/2"
253	253	IRON ROD, FOR A CORNER OF THIS TRACT.
254	254	S 32° 24' 53" W FOR A DISTANCE OF 299.82 FEET TO A FOUND 1/2"
255	255	IRON ROD, FOR A CORNER OF THIS TRACT.
256	256	S 23° 00' 21" W FOR A DISTANCE OF 304.46 FEET TO A FOUND 1/2"
257	257	IRON ROD, FOR A CORNER OF THIS TRACT.
258	258	S 32° 27' 05" W FOR A DISTANCE OF 639.42 FEET TO A FOUND 1/2"
259	259	IRON ROD, FOR A CORNER OF THIS TRACT.
260	260	S 37° 58' 53" W FOR A DISTANCE OF 532.79 FEET TO A FOUND 1/2"
261	261	IRON ROD, FOR A CORNER OF THIS TRACT.
262	262	S 52° 59' 53" W FOR A DISTANCE OF 535.83 FEET TO A FOUND
263	263	CONCRETE MONUMENT, FOR A CORNER OF THIS TRACT.
264	264	S 54° 51' 37" W FOR A DISTANCE OF 439.73 FEET TO A FOUND 1/2"
265	265	IRON ROD, FOR A CORNER OF THIS TRACT.
266	266	S 54° 03' 13" W FOR A DISTANCE OF 700.49 FEET TO A FOUND 1/2"
267	267	IRON ROD, FOR A CORNER OF THIS TRACT.
268	268	S 51° 22' 36" W FOR A DISTANCE OF 400.55 FEET TO A 6" POST, FOR
269	269	A CORNER OF THIS TRACT.
270	270	S 54° 48' 11" W FOR A DISTANCE OF 699.61 FEET TO FOUND 1/2"
271	271	IRON ROD, FOR A CORNER OF THIS TRACT.
272	272	S 62° 01' 53" W FOR A DISTANCE OF 201.59 FEET TO FOUND 1/2"
273	273	IRON ROD, FOR A CORNER OF THIS TRACT.
274	274	THENCE S 54° 57' 58" W FOR A DISTANCE 166.87 FEET TO A POINT AT
275	275	THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY NO.
276	276	377 AND THE CENTERLINE OF A CREEK, FOR THE MOST SOUTHERLY SOUTHWEST
277	277	CORNER OF THIS TRACT.
278	278	THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID CREEK THE
279	279	FOLLOWING:
280	280	N 48° 49' 19" W FOR A DISTANCE OF 111.00 FEET TO A POINT;
281	281	N 71° 19' 49" W FOR A DISTANCE OF 119.11 FEET TO A POINT:
282	282	N 32° 48' 10" W FOR A DISTANCE OF 139.13 FEET TO A POINT:
283	283	N 78° 36' 00" W FOR A DISTANCE OF 363.79 FEET TO A POINT:
284	284	N 31° 39' 32" W FOR A DISTANCE OF 123.17 FEET TO A POINT:
285	285	N 76° 01' 11" W FOR A DISTANCE OF 145.14 FEET TO A POINT:
286	286	S 64° 02' 12" W FOR A DISTANCE OF 208.15 FEET TO A POINT:
287	287	N 48° 58' 10" W FOR A DISTANCE OF 40.02 FEET TO A POINT:
288	288	N 11° 16' 01" W FOR A DISTANCE OF 153.56 FEET TO THE POINT OF
289	289	BEGINNING.
290	290	TRACT TWO
291	291	OF A 127.210 ACRES MUNICIPAL UTILITY DISTRICT OUT OF THE JOHN
292	292	HOWARD SURVEY, ABSTRACT NO. 716 AND THE J.W. RANDLE SURVEY,
293	293	ABSTRACT NO. 483, HOOD COUNTY, TEXAS; BEING LOT 1, LOT 2, LOTS 5-17,
294	294	LOTS 19-24, RESERVE "A", RESERVE "B", RIDGELINE ROAD, RIDGELINE
295	295	COURT, CRESSON VIEW ROAD & SPRING VALLEY ROAD, AS SHOWN ON THE PLAT
296	296	OF CRESSON ONE SOUTH, AN ADDITION TO THE CITY OF CRESSON, AS
297	297	RECORDED IN SLIDE P-398, PLAT RECORDS, HOOD COUNTY, TEXAS; AND
298	298	BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
299	299	BEGINNING AT A FOUND 1/2" IRON ROD IN THE SOUTH RIGHT OF WAY
300	300	LINE OF HOOD COUNTY ROAD NO. 413 (PAVED SURFACE) AT THE MOST
301	301	WESTERLY CORNER OF SAID CRESSON ONE SOUTH, SAME BEING IN THE WEST
302	302	BOUNDARY LINE OF SAID JOHN HOWARD SURVEY, ABSTRACT NO. 716, AND IN
303	303	THE EAST BOUNDARY LINE OF THE N.H. HOOE SURVEY, ABSTRACT NO. 281,
304	304	HOOD COUNTY, TEXAS, FOR THE NORTHWEST AND BEGINNING CORNER OF THIS
305	305	TRACT.
306	306	THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF
307	307	SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
308	308	NORTH 32°55'38" EAST 125.85 FEET TO A SET SPIKE, FOR A CORNER
309	309	OF THIS TRACT.
310	310	NORTH 26°02'32" EAST 170.33 FEET TO A SET SPIKE, FOR A CORNER
311	311	OF THIS TRACT.
312	312	NORTH 15°39'22" EAST 254.86 FEET TO A SET SPIKE, FOR A CORNER
313	313	OF THIS TRACT.
314	314	NORTH 11°52'03" EAST 334.65 FEET TO A SET SPIKE, FOR A CORNER
315	315	OF THIS TRACT.
316	316	NORTH 26°59'37" EAST 110.01 FEET TO A SET SPIKE, FOR A CORNER
317	317	OF THIS TRACT.
318	318	NORTH 48°54'48" EAST 106.43 FEET TO A SET SPIKE, FOR A CORNER
319	319	OF THIS TRACT.
320	320	NORTH 63°55'17" EAST 1383.60 FEET TO A SET SPIKE, FOR A CORNER
321	321	OF THIS TRACT.
322	322	THENCE SOUTH 04°25'25" WEST 498.78 FEET TO A SET 1/2" IRON ROD
323	323	FOR A CORNER OF THIS TRACT.
324	324	THENCE SOUTH 60°54'30" WEST 456.68 FEET TO A SET 1/2" IRON ROD
325	325	FOR A CORNER OF THIS TRACT.
326	326	THENCE SOUTH 42°23'43" WEST 389.34 FEET TO A SET 1/2" IRON ROD
327	327	FOR A CORNER OF THIS TRACT.
328	328	THENCE SOUTH 26°04'43" EAST 140.00 FEET TO A SET 1/2" IRON ROD
329	329	FOR A CORNER OF THIS TRACT.
330	330	THENCE SOUTH 45°28'04" EAST 605.64 FEET TO A SET 1/2" IRON ROD
331	331	FOR A CORNER OF THIS TRACT.
332	332	THENCE NORTH 44°31'56" EAST 836.05 FEET TO A SET 1/2" IRON ROD
333	333	FOR A CORNER OF THIS TRACT.
334	334	THENCE NORTH 45°28'04" WEST 289.49 FEET TO A SET 1/2" IRON ROD
335	335	FOR A CORNER OF THIS TRACT.
336	336	THENCE NORTH 41°04'55" EAST 73.24 FEET TO A SET 1/2" IRON ROD
337	337	FOR A CORNER OF THIS TRACT.
338	338	THENCE NORTH 32°49'57" EAST 348.82 FEET TO A SET 1/2" IRON ROD
339	339	FOR A CORNER OF THIS TRACT.
340	340	THENCE NORTH 29°59'47" EAST 83.89 FEET TO A SET 1/2" IRON ROD
341	341	FOR A CORNER OF THIS TRACT.
342	342	THENCE NORTH 58°10'30" EAST 565.94 FEET TO A SET 1/2" IRON ROD
343	343	FOR A CORNER OF THIS TRACT.
344	344	THENCE SOUTH 44°34'42" EAST 482.42 FEET TO A SET 1/2" IRON ROD
345	345	FOR A CORNER OF THIS TRACT.
346	346	THENCE NORTHEASTERLY AROUND THE ARC OF A CURVE TO THE RIGHT,
347	347	WITH A RADIUS OF 3530.54 FEET, A CHORD OF NORTH 49°04'11" EAST 492.47
348	348	FEET, AND AN ARC LENGTH OF 492.87 FEET TO A SET 1/2" IRON ROD, FOR A
349	349	CORNER OF THIS TRACT.
350	350	THENCE NORTH 53°04'09" EAST 20.32 FEET TO A SET 1/2" IRON ROD
351	351	FOR A CORNER OF THIS TRACT.
352	352	THENCE NORTH 36°55'51" WEST 319.11 TO A SET 1/2" IRON ROD AT
353	353	THE P.C. OF A CURVE FOR A CORNER OF THIS TRACT.
354	354	THENCE NORTHWESTERLY AROUND THE ARC OF A CURVE TO THE RIGHT,
355	355	WITH A RADIUS OF 531.19 FEET, A CHORD OF NORTH 17°47'21" WEST 348.36
356	356	FEET, AND AN ARC LENGTH OF 354.93 FEET TO A SET 1/2" IRON ROD IN THE
357	357	SOUTH RIGHT OF WAY OF SAID HOOD COUNTY ROAD NO. 413 FOR A CORNER OF
358	358	THIS TRACT.
359	359	THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY OF SAID
360	360	HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
361	361	NORTH 82°21'44" EAST 400.00 FEET TO A SET 1/2" IRON ROD FOR A
362	362	CORNER OF THIS TRACT.
363	363	NORTH 76°03'03" EAST 108.55 FEET TO A SET 1/2" IRON ROD FOR THE
364	364	NORTHEAST CORNER OF THIS TRACT.
365	365	THENCE SOUTHEASTERLY ALONG THE APPROXIMATE CENTERLINE OF A
366	366	CREEK AS FOLLOWS:
367	367	SOUTH 11°16'01" EAST 153.56 FEET TO A POINT FOR A CORNER OF
368	368	THIS TRACT.
369	369	SOUTH 48°58'10" EAST 16.38 FEET TO A POINT, AT THE NORTHEAST
370	370	CORNER OF LOT 18, CRESSON ONE SOUTH, FOR A CORNER OF THIS TRACT.
371	371	THENCE SOUTH 53°04'09" WEST 439.93 FEET TO A SET 1/2" IRON ROD
372	372	WITH PLASTIC CAP STAMPED "CARTER" IN THE EAST LINE OF SAID RESERVE
373	373	"B", AT THE NORTHWEST CORNER OF SAID LOT 18, FOR A CORNER OF THIS
374	374	TRACT.
375	375	THENCE ALONG THE WEST LINE OF SAID LOT 18 AS FOLLOWS:
376	376	SOUTH 36°55'52" EAST 464.90 FEET TO A SET 1/2" IRON ROD WITH
377	377	PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
378	378	SOUTHEASTERLY ALONG THE ARC OF THE CUL-DE-SAC OF SAID SPRING
379	379	VALLEY ROAD TO THE RIGHT, SAID CUL-DE-SAC HAVING A RADIUS OF 60.00
380	380	FEET, AN ARC LENGTH OF 125.66 FEET, AND WHOSE CHORD BEARS SOUTH
381	381	36°55'52" EAST 103.92 FEET, A SET 1/2" IRON ROD WITH PLASTIC CAP
382	382	STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
383	383	SOUTH 36°55'52" EAST 93.76 FEET A SET 1/2" IRON ROD WITH
384	384	PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
385	385	SOUTHEASTERLY ALONG THE ARC OF CURVE TO THE RIGHT, SAID CURVE
386	386	HAVING A RADIUS OF 230.00 FEET, AN ARC LENGTH OF 17.33 FEET, AND
387	387	WHOSE CHORD BEARS SOUTH 34°46'23" EAST 17.32 FEET A SET 1/2" IRON ROD
388	388	WITH PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
389	389	SOUTH 32°36'54" EAST 185.50 FEET A SET 1/2" IRON ROD WITH
390	390	PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
391	391	SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE
392	392	HAVING A RADIUS OF 170.00 FEET, AN ARC LENGTH OF 12.81 FEET, AND
393	393	WHOSE CHORD BEARS SOUTH 34°46'23" EAST 12.80 FEET A SET 1/2" IRON ROD
394	394	WITH PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
395	395	SOUTH 36°55'52" EAST 38.92 FEET TO A SET 1/2" IRON ROD WITH
396	396	PLASTIC CAP STAMPED "CARTER", AT THE INTERSECTION OF THE EAST LINE
397	397	OF SAID SPRING VALLEY ROAD WITH THE NORTH RIGHT OF WAY LINE OF
398	398	HIGHWAY NO. 377 (VARIABLE WIDTH RIGHT OF WAY), FOR THE SOUTHEAST
399	399	CORNER OF THIS TRACT.
400	400	THENCE SOUTHWESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF
401	401	SAID HIGHWAY NO. 377 AS FOLLOWS:
402	402	SOUTH 53°04'09" WEST 44.90 FEET TO A 6" STEEL FENCE CORNER
403	403	POST;
404	404	SOUTH 48°48'08" WEST 542.15 FEET TO A 6" STEEL FENCE CORNER
405	405	POST;
406	406	SOUTH 45°59'59" WEST 413.26 FEET TO A 6" STEEL FENCE CORNER
407	407	POST;
408	408	SOUTH 53°26'47" WEST 301.86 FEET TO A 6" STEEL FENCE CORNER
409	409	POST;
410	410	SOUTH 42°08'10" WEST 199.45 FEET TO A FOUND CONCRETE MONUMENT;
411	411	SOUTH 33°27'28" WEST 320.96 FEET TO A 6" STEEL FENCE CORNER POST;
412	412	SOUTH 34°45'16" WEST 184.92 FEET TO A SET 1/2" IRON ROD FOR A CORNER
413	413	OF THIS TRACT.
414	414	SOUTH 42°11'21" WEST 499.46 FEET TO A SET 1/2" IRON ROD FOR A
415	415	CORNER OF THIS TRACT.
416	416	SOUTH 51°45'10" WEST 203.21 FEET TO A FOUND CONCRETE MONUMENT;
417	417	SOUTH 41°58'37" WEST 269.46 FEET TO A FOUND CONCRETE MONUMENT;
418	418	SOUTH 25°37'04" WEST 130.55 FEET TO A FOUND CONCRETE MONUMENT;
419	419	SOUTH 47°39'24" WEST 286.27 FEET TO A FOUND CONCRETE MONUMENT;
420	420	SOUTH 54°36'41" WEST 275.27 FEET A SET 1/2" IRON ROD WITH
421	421	PLASTIC CAP STAMPED "CARTER", AT THE SOUTHEAST CORNER OF LOT 3,
422	422	CRESSON ONE SOUTH, FOR THE SOUTHWEST CORNER OF THIS TRACT.
423	423	THENCE NORTH 04°22'51" WEST 386.81 FEET A SET 1/2" IRON ROD
424	424	WITH PLASTIC CAP STAMPED "CARTER" AT THE NORTHEAST CORNER OF SAID
425	425	LOT 3, FOR A CORNER OF THIS TRACT.
426	426	THENCE ALONG THE ARC OF THE CUL-DE-SAC OF SAID RIDGELINE
427	427	COURT TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, AN ARC LENGTH OF
428	428	314.16 FEET, AND WHOSE CHORD BEARS NORTH 08°29'51" WEST 60.00 FEET A
429	429	SET 1/2" IRON ROD WITH PLASTIC CAP STAMPED "CARTER", AT THE
430	430	SOUTHEAST CORNER OF LOT 4, CRESSON ONE SOUTH, FOR A CORNER OF THIS
431	431	TRACT.
432	432	THENCE ALONG THE EAST & NORTH LINES OF SAID LOT 4 AS FOLLOWS:
433	433	NORTH 09°06'22" WEST 303.24 FEET TO A POINT;
434	434	NORTH 38°16'02" WEST 27.52 FEET TO A POINT;
435	435	NORTH 71°12'24" WEST 54.54 FEET TO A POINT;
436	436	SOUTH 80°49'06" WEST 94.24 FEET TO A POINT;
437	437	SOUTH 53°38'42" WEST 47.58 FEET TO A POINT;
438	438	SOUTH 24°58'13" WEST 93.12 FEET TO A POINT;
439	439	SOUTH 02°42'43" WEST 163.32 FEET TO A POINT;
440	440	SOUTH 59°23'04" WEST 201.82 FEET A SET 1/2" IRON ROD WITH
441	441	PLASTIC CAP STAMPED "CARTER" AT THE NORTHWEST CORNER OF SAID LOT 4,
442	442	FOR THE SOUTHWEST CORNER OF THIS TRACT.
443	443	THENCE NORTH 30°36'56" WEST 1319.90 FEET TO THE POINT OF
444	444	BEGINNING. [10.16 ACRES WITHIN ROADWAY & RESERVES]
445	445	SECTION 3. (a) The legal notice of the intention to
446	446	introduce this Act, setting forth the general substance of this
447	447	Act, has been published as provided by law, and the notice and a
448	448	copy of this Act have been furnished to all persons, agencies,
449	449	officials, or entities to which they are required to be furnished
450	450	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
451	451	Government Code.
452	452	(b) The governor, one of the required recipients, has
453	453	submitted the notice and Act to the Texas Commission on
454	454	Environmental Quality.
455	455	(c) The Texas Commission on Environmental Quality has filed
456	456	its recommendations relating to this Act with the governor, the
457	457	lieutenant governor, and the speaker of the house of
458	458	representatives within the required time.
459	459	(d) All requirements of the constitution and laws of this
460	460	state and the rules and procedures of the legislature with respect
461	461	to the notice, introduction, and passage of this Act are fulfilled
462	462	and accomplished.
463	463	SECTION 4. (a) If this Act does not receive a two-thirds
464	464	vote of all the members elected to each house, Subchapter C, Chapter
465	465	7975, Special District Local Laws Code, as added by Section 1 of
466	466	this Act, is amended by adding Section 7975.108 to read as follows:
467	467	Sec. 7975.108. NO EMINENT DOMAIN POWER. The district may
468	468	not exercise the power of eminent domain.
469	469	(b) This section is not intended to be an expression of a
470	470	legislative interpretation of the requirements of Section 17(c),
471	471	Article I, Texas Constitution.
472	472	SECTION 5. This Act takes effect September 1, 2017.