Texas 2017 - 85th Regular

Texas House Bill HB2625 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R10834 SLB-F
2	2	By: Bell H.B. No. 2625
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Montgomery County Municipal Utility
7	7	District No. 158; 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 7986 to read as follows:
13	13	CHAPTER 7986. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
14	14	No. 158
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7986.001. 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 Montgomery County Municipal
22	22	Utility District No. 158.
23	23	Sec. 7986.002. 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. 7986.003. 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. 7986.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 7986.003
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. 7986.005. 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. 7986.006. 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. 7986.051. 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 7986.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 7986.052. 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 7986.003; or
73	73	(2) September 1, 2021.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7986.003 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 7986.003; 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. 7986.101. 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. 7986.102. 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. 7986.103. 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. 7986.104. 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. 7986.105. 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	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 7986.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
126	126	district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 7986.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 7986.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 7986.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 7986.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 7986.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 7986.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 7986.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Montgomery County Municipal Utility District
172	172	No. 158 initially includes all the territory contained in the
173	173	following area:
174	174	Tract One
175	175	Being a 134.09 acres of land located in the W. L. Goss Survey,
176	176	Abstract No. 739, T.N.N.O.R.R. Co. Survey, Abstract No. 566, R.J
177	177	Goss Survey, Abstract No. 719 and the T.N.N.O.R.R. Co. Survey,
178	178	Abstract No. 572, Montgomery County, Texas, more particularly
179	179	being all of that certain called 134.091 acre tract (described as
180	180	Tract 1) conveyed to Pilot Land Acquisitions, LLC by an instrument
181	181	of record in Document Number 2016040394 of the Official Public
182	182	Records of said Montgomery County (M.C.O.P.R.) said 134.09 acre
183	183	tract being more particularly described by metes and bounds as
184	184	follows (Bearings based on Texas Coordinate System, Central Zone,
185	185	NAD83 (NA2011) Epoch 2010.00):
186	186	BEGINNING at the west corner of said 134.091 acre tract, same
187	187	being the northwest corner of that certain Old Houston Acres
188	188	Subdivision, Section Three, described in Cabinet Z, Pages 700-703
189	189	of the Map Records of said Montgomery County, (M.C.M.R.), same
190	190	being on the east right of way line of that certain Old Houston Road
191	191	(called 120 feet wide) from which a found 1/2-inch iron rod bears
192	192	South 71° 48' 33" East, 8.03 feet;
193	193	Thence, North 18° 52' 30" East, along the west line of said
194	194	134.091 acre tract, and the east right of way line of said Old
195	195	Houston Road, 683.55 feet to a 5/8-inch iron rod found for the most
196	196	westerly northwest corner of said 134.091 acre tract, same being
197	197	the southwest corner of that certain Jewel Scott called 15.6 acre
198	198	tract of land, described in File Number 9314164 of the Official
199	199	Public Records of Real Property of said Montgomery County
200	200	(M.C.O.P.R.R.P.);
201	201	Thence, North 87° 02' 18" East, along the most westerly north
202	202	line of said 134.091 acre tract, and the south line of said 15.6
203	203	acre tract, 246.38 feet to a axel found for an interior corner of
204	204	said 134.091 acre tract, same being the southeast corner of said
205	205	15.6 acre tract;
206	206	Thence, North 03° 06' 18" West, along the most northerly west
207	207	line of said 134.091 acre tract, same being the East line of said
208	208	15.6 acre tract, 613.49 feet to a 1/2-inch iron rod found for an
209	209	angle point, same being the north corner of said 15.6 acre tract and
210	210	on the east right-of-way line of said Old Houston Road;
211	211	Thence, North 18° 56' 31" East, continuing along the most
212	212	northerly east line of said 134.091 acre tract and the east right of
213	213	way line of said Old Houston Road, 120.01 feet to a 1/2-inch iron
214	214	rod found for the north corner of said 134.091 acre tract, same
215	215	being a southwesterly corner of that certain Deegan Enterprise, LLC
216	216	called 26.000 acre tract described in File Number 2004-087460,
217	217	M.C.O.P.R.R.P.;
218	218	Thence, South 70° 59' 58" East, along the most northerly north
219	219	line of said 134.091 acre tract, same being a southerly line of said
220	220	Deegan Enterprise called 26.000 acre tract, 167.03 feet to a
221	221	1/2-inch iron rod found for the most northerly northeast corner of
222	222	said 134.091 acre tract, same being an interior corner of said
223	223	Deegan Enterprise called 26.000 acre tract;
224	224	Thence, South 03° 07' 23" East, along the most northerly east
225	225	line of said 134.091 acre tract on a west line of said Deegan
226	226	Enterprise called 26.000 acre tract, 541.16 feet to a 5/8-inch iron
227	227	rod found for an angle point on the westerly line of said Deegan
228	228	Enterprise called 26.000 acre tract;
229	229	Thence, South 48° 05' 54" East, along the northeast line of
230	230	said 134.091 acre tract and a southwest line of said Deegan
231	231	Enterprise called 26.000 acre tract, 169.75 feet to an axel found
232	232	for an angle point on the north line of said 134.091 acre tract on
233	233	the south line of said Deegan Enterprise called 26.000 acre tract;
234	234	Thence, North 86° 48' 40" East, along the north line of said
235	235	134.091 acre tract and the south line of said Deegan Enterprise
236	236	called 26.000 acre tract, 2,700.72 feet to a 1/2-inch iron rod found
237	237	for the northeast corner of said 134.091 acre tract, same being an
238	238	interior corner of said Deegan Enterprise called 26.000 acre tract;
239	239	Thence, South 02° 45' 30" East, along the east line of said
240	240	134.091 acre tract and a west line of said Deegan Enterprise called
241	241	26.000 acre tract, 1,850.01 feet to a 1/2-inch iron rod found for
242	242	the southeast corner of said 134.091 acre tract, same being the
243	243	southwest corner of said Deegan Enterprise called 26.000 acre tract
244	244	on the north line of that certain Fred R. Stalling and Joyce P.
245	245	Stallings called 72.657 acre tract of land, described in File
246	246	Number 2012123297, M.C.O.P.R.;
247	247	Thence, South 86° 48' 28" West, along the south line of said
248	248	134.091 acre tract and the north line of said Stallings called
249	249	72.657 acre tract, that certain Scott W. Harris and Karen C. Harris
250	250	called 27.7844 acre tract of land, described in File Number
251	251	2009-016393, M.C.O.P.R.R.P., that certain John P. Sherrill and
252	252	wife, Samantha S. Sherrill called Residue of 91.9970 acre tract of
253	253	land, described in File Number 9513551 M.C.O.P.R. R.P. and that
254	254	certain Patsy M. Graham called 100.00 acre tract of land, described
255	255	in File Number 2003-135100 M.C.O.P.R. R.P., passing at a distance
256	256	of 320.22 feet a 1/2-inch iron rod, passing at a distance of 890.42
257	257	feet to a 1/2-inch iron rod bearing South 03° 11' 32" East a distance
258	258	of 0.21 feet offline and continuing in all a total distance of
259	259	2,842.37 feet to a 1/2-inch iron rod found for the southwest corner
260	260	of said 134.091 acre tract, same being the northwest corner of said
261	261	Graham called 100.00 acre tract on the east line of the
262	262	aforementioned Old Houston Acres, Section Three subdivision;
263	263	Thence, North 02° 44' 38" West, along the southerly west line
264	264	of said 134.091 acre tract, and the east line of said Old Houston
265	265	Acres, Section Three, Block No. 1, passing at a distance of 180.13
266	266	feet to a found capped iron rod marked "Jeff Moon RPLS 4639" a
267	267	distance of 0.67 feet offline, passing at a distance of 686.98 feet
268	268	to a found capped iron rod marked "Jeff Moon RPLS 4639" a distance
269	269	of 0.54 feet offline, passing at a distance of 775.85 feet to a
270	270	found capped iron rod marked "Jeff Moon RPLS 4639" a distance of
271	271	0.49 feet offline and continuing in all a total distance of 953.20
272	272	feet to a 1/2-inch iron rod found for an interior corner of said
273	273	134.091 acre tract, same being the Northeast corner of said Old
274	274	Houston Acres, Section Three;
275	275	Thence, North 71° 48' 33" West, along the westerly south line
276	276	of said 134.091 acre tract, and the north line of said Old Houston
277	277	Acres, Section Three, 724.86 feet to the POINT OF BEGINNING and
278	278	containing 134.09 acres of land.
279	279	Tract Two
280	280	Being 461.19 acres of land located in the John Smither
281	281	Survey, Abstract 521, the T. & N. O. R.R. Co. Survey, Abstract 566,
282	282	and the Benjamin B. Foster Survey, Abstract 785, Montgomery County,
283	283	Texas, more particularly being all of that certain called 312.7
284	284	acre tract (described as Tract 6) conveyed to Pilot Land
285	285	Acquisitions, LLC by an instrument of record in Document Number
286	286	2016040394 of the Official Public Records of Montgomery County,
287	287	Texas (M.C.O.P.R.) and a portion of that certain called 772.7 acre
288	288	tract (described as Tract 3) conveyed to Pilot Land Acquisitions,
289	289	LLC by an instrument of record in said Document Number 2016040394,
290	290	M.C.O.P.R., said 461.19 acre tract being more particularly
291	291	described by metes and bounds as follows (Bearings based on Texas
292	292	Coordinate System, Central Zone, NAD83 (NA2011) Epoch 2010.00);
293	293	BEGINNING at a brass disk in concrete stamped "FLC" found for
294	294	the southeast corner of said John Smither Survey, Abstract 521, the
295	295	northeast corner of the Samuel V. Lamothe Survey, Abstract 333, the
296	296	southwest corner of Lot 6, Block 1 of Oak Tree Section One, a
297	297	subdivision of record in Cabinet Y, Sheets 28 through 30 of the Map
298	298	Records of Montgomery County, Texas (M.C.M.R.), and the southeast
299	299	corner of said 772.7 acre tract on the west survey line of said T. &
300	300	N. O. R.R. Co. Survey;
301	301	Thence, South 85° 24' 01" West, with the common survey line of
302	302	said John Smither Survey and said Samuel V. Lamothe Survey, the
303	303	south line of said 772.7 acre tract and a northerly line of said Oak
304	304	Tree Section One, at 140.50 feet pass a found 1/2-inch iron rod with
305	305	cap stamped "Jeff Moon RPLS 4639", and continuing in all 202.89 feet
306	306	to a brass disk in concrete stamped "CP & FM 295" found for the
307	307	common north corner of said Oak Tree Section One and that certain
308	308	called 14.6924 acre tract conveyed to Paul McQueen by an instrument
309	309	of record under Volume 1095, Page 696 of the Deed Records of
310	310	Montgomery County, (M.C.D.R.);
311	311	Thence, South 86° 53' 28" West, continuing with said common
312	312	survey line, the south line of said 772.7 acre tract, the north line
313	313	of said 14.6924 acre tract, and that certain called 1.3834 acre
314	314	tract conveyed to Sam W. Baker, Trustee by an instrument of record
315	315	under Document Number 2010088724, M.C.O.P.R., at 791.47 feet pass a
316	316	found 5/8-inch iron rod, and continuing in all a total distance of
317	317	1,549.11 feet to a point for the northwest corner of said 1.3834
318	318	acre tract and on the northerly right-of-way line of FM 1314, from
319	319	which a found bent 5/8-inch iron rod bears South 56° 52' 47" West,
320	320	0.31 feet;
321	321	Thence, with the northerly right-of-way line of said FM 1314
322	322	and the southwesterly line of said 772.7 acre tract, the following
323	323	three (3) courses:
324	324	1. North 63° 11' 02" West, 426.37 feet to a 5/8-inch iron rod
325	325	with cap stamped "LJA ENG" found for corner, the beginning of a
326	326	curve;
327	327	2. 354.89 feet along the arc of a tangent curve to the left,
328	328	having a radius of 5,809.58 feet, a central angle of 03° 30' 00" and
329	329	a chord which bears North 64° 56' 02" West, 354.83 feet to a 5/8-inch
330	330	iron rod with cap stamped "LJA ENG" found for corner;
331	331	3. North 66° 41' 02" West, at 116.49 feet pass a found bent
332	332	5/8-inch iron rod bears South 64° 46' 13" West, 0.18 feet,
333	333	continuing in all a total distance of 891.28 feet to a point for
334	334	corner;
335	335	Thence, North 45° 49' 56" East, departing said northerly
336	336	right-of-way line, over and across the aforementioned 772.7 acre
337	337	tract, 4,289.20 feet to a point for corner on the common east line
338	338	of said 772.7 acre tract and the west line of that certain called
339	339	86.659 acre tract conveyed to Darrell Dudczak by an instrument of
340	340	record under File Number 2004-128243 of the Official Public Records
341	341	of Real Property of said Montgomery County (M.C.O.P.R.R.P.), said
342	342	point being on the common survey line of said Benjamin B. Foster
343	343	Survey and the W. C. Clark Survey, Abstract 732;
344	344	Thence, South 03° 00' 30" East, along the west line of said
345	345	86.659 acre tract and its extension and the east line of said 772.7
346	346	acre tract, 922.30 feet to a brass disk in concrete stamped "FLC"
347	347	found for the northwest corner of the aforementioned 312.7 acre
348	348	tract, same point being the common west corner of said W. C. Clark
349	349	Survey and the T. & N. O. R.R. Co. Survey, Abstract 566 and the
350	350	common east corner of the Benjamin B. Foster Survey, and the
351	351	aforementioned John Smither Survey;
352	352	Thence, with the north line of said 312.7 acre tract and said
353	353	common survey line the following three (3) courses:
354	354	1. North 87° 14' 54" East, 1,440.11 feet to a concrete
355	355	monument found for the southwest corner of that certain called
356	356	15.17 acre tract conveyed to Jessie C. Farmer and wife Carrie S.
357	357	Farmer, as Trustees under the Jessie Farmer and Carrie Sue Farmer
358	358	Revocable Trust by an instrument of record under File Number
359	359	99013631, M.C.O.P.R.R.P.;
360	360	2. North 86° 33' 36" East, with the southerly line of said
361	361	15.17 acre tract, 1,401.58 feet to a concrete monument found for the
362	362	common south corner of said 15.17 acre tract and that certain called
363	363	15.6 acre tract conveyed to Katy Holt by an instrument of record
364	364	under File Number 2005-097233, M.C.O.P.R.R.P.;
365	365	3. North 86° 59' 50" East, with the southerly line of said
366	366	15.6 acre tract, the southerly line of that certain called 15.6 acre
367	367	tract conveyed to John Edward Panzarella, Robert L. Panzarella,
368	368	Sandre Paulette Lowry, and Carl Panzarella, Jr. by an instrument of
369	369	record under Document Number 2010049469, M.C.O.P.R., and the
370	370	southerly line of the residue of that certain called 15.6 acre tract
371	371	conveyed to Jewel Oleta Scott and Husband A. G. Scott by an
372	372	instrument of record under Volume 492, Page 539, M.C.D.R., 2,533.37
373	373	feet to a 5/8-inch iron rod found for the northeast corner of said
374	374	312.7 acre tract, said point being on the westerly right-of-way
375	375	line of Old Houston Road (called 120 feet wide) described in Volume
376	376	969, Page 305, M.C.D.R.;
377	377	Thence, with the easterly line of said 312.7 acre tract and
378	378	said westerly right-of-way line the following three (3) courses:
379	379	1. South 18° 54' 01" West, 2,504.88 feet to a found 1/2-inch
380	380	iron rod with cap stamped "Montgomery and Associates", the
381	381	beginning of a curve;
382	382	2. 855.83 feet along the arc of a tangent curve to the left,
383	383	having a radius of 2,973.51 feet, a central angle of 16° 29' 27", and
384	384	a chord which bears South 10° 39' 18" West, 852.88 feet to a 5/8-inch
385	385	iron rod with cap stamped "LJA ENG" set for corner from which a
386	386	found 5/8-inch iron rod bears South 00° 52' 56" East, 9.24 feet;
387	387	3. South 02° 24' 34" West, 376.98 feet to a 1/2-inch iron rod
388	388	found for the common easterly corner of said 312.7 acre tract and
389	389	Lot 1, Block 2 of Old Houston Acres Section One, a subdivision of
390	390	record in Cabinet S, Sheets 16-19, M.C.M.R., said point being on the
391	391	common survey line of the aforementioned T. & N. O. R.R. Co. Survey,
392	392	Abstract 566 and the Ruben Copeland Survey, Abstract 671 of said
393	393	Montgomery County;
394	394	Thence, South 87° 08' 43" West, with the southerly line of
395	395	said 312.7 acre tract, the common survey line and the northerly line
396	396	of said Old Houston Acres Section One, at 541.18 feet pass a
397	397	1/2-inch iron rod with cap stamped "Jeff Moon RPLS 4639" found for
398	398	the common north corner of said Old Houston Acres Section One and
399	399	Old Houston Acres Section Two, a subdivision of record in Cabinet Z,
400	400	Sheets 313-316, M.C.M.R., and continuing along said southerly line
401	401	and with the northerly line of said Old Houston Acres Section Two,
402	402	pass at 649.28 feet a 1/2-inch iron rod with cap stamped "Jeff Moon
403	403	RPLS 4639" found for the common north corner of Lots 1 and 2 of Block
404	404	1 of said Old Houston Acres Section Two, and continuing in all a
405	405	total distance of 1,486.22 feet to a bent 1/2-inch iron rod found
406	406	for an angle point on the common line of said 312.7 acre tract and
407	407	said Old Houston Acres Section Two, said point being the northwest
408	408	corner of said Ruben Copeland Survey;
409	409	Thence, North 83° 23' 32" West, continuing with said common
410	410	line, 280.75 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"
411	411	set for an angle point on the south line of said 312.7 acre tract,
412	412	said point being the northwest corner of said Old Houston Acres
413	413	Section Two and the northeast corner of the E. H. Yeiser Survey,
414	414	Abstract 731 of said Montgomery County, Texas;
415	415	Thence, South 87° 04' 13" West, with the southerly line of
416	416	said 312.7 acre tract and the common survey line of said T. & N. O.
417	417	R.R. Co. Survey, Abstract 566 and said E. H. Yeiser Survey, 1,013.95
418	418	feet to a 5/8-inch iron rod with cap stamped "F&S 409-832-7238"
419	419	found for the common south corner of said 312.7 acre tract and the
420	420	aforementioned Oak Tree Section One, from which a found 1/2-inch
421	421	iron rod with cap stamped "Jeff Moon RPLS 4639" bears South 62° 32'
422	422	45" East, 0.40 feet;
423	423	Thence, with the common line of said 312.7 acre tract and said
424	424	Oak Tree Section One the following six (6) courses:
425	425	1. North 17° 43' 53" West, 1,141.63 feet to a found 5/8-inch
426	426	iron rod, the beginning of a curve;
427	427	2. 251.53 feet along the arc of a non-tangent curve to the
428	428	right, having a radius of 1,760.00 feet, a central angle of 08° 11'
429	429	19", and a chord which bears North 77° 48' 50" East, 251.32 feet to a
430	430	point for corner from which a found 5/8-inch iron rod bears North
431	431	85° 57' 03" West, 0.16 feet;
432	432	3. North 03° 06' 19" West, 975.54 feet to a point for corner
433	433	from which a found 5/8-inch iron rod bears South 25° 44' 03" West,
434	434	0.25 feet;
435	435	4. South 86° 53' 41" West, 1,065.00 feet to a 1/2-inch iron
436	436	rod with cap stamped "Montgomery and Associates" found for a
437	437	northwesterly corner of said Oak Tree Section One;
438	438	5. South 03° 06' 19" East, 66.77 feet (called South 03° 06'
439	439	40" East, 66.77 feet) to a 5/8-inch iron rod found for a re-entrant
440	440	corner on the north line of said Oak Tree Section One;
441	441	6. South 86° 53' 41" West, 315.00 feet (called South 86° 53'
442	442	20" West, 315.00 feet) to a 5/8-inch iron rod found for the
443	443	northwest corner of said Oak Tree Section One subdivision, same
444	444	point being on the west line of said 312.7 acre tract, the east line
445	445	of said 772.7 acre tract and on the common survey line of the
446	446	aforementioned John Smither Survey, Abstract 521 and the T. & N. O.
447	447	R.R. Co. Survey, Abstract 566;
448	448	Thence, South 03° 05' 17" East with the common line of said
449	449	772.7 acre tract, said Oak Tree Section One, and said common survey
450	450	line, 1,245.40 feet to the POINT OF BEGINNING and containing 461.19
451	451	acres of land.
452	452	Said Tract One (134.09 acres) and Tract Two (461.19 acres)
453	453	being a total of 595.28 acres of land.
454	454	SECTION 3. (a) The legal notice of the intention to
455	455	introduce this Act, setting forth the general substance of this
456	456	Act, has been published as provided by law, and the notice and a
457	457	copy of this Act have been furnished to all persons, agencies,
458	458	officials, or entities to which they are required to be furnished
459	459	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
460	460	Government Code.
461	461	(b) The governor, one of the required recipients, has
462	462	submitted the notice and Act to the Texas Commission on
463	463	Environmental Quality.
464	464	(c) The Texas Commission on Environmental Quality has filed
465	465	its recommendations relating to this Act with the governor, the
466	466	lieutenant governor, and the speaker of the house of
467	467	representatives within the required time.
468	468	(d) All requirements of the constitution and laws of this
469	469	state and the rules and procedures of the legislature with respect
470	470	to the notice, introduction, and passage of this Act are fulfilled
471	471	and accomplished.
472	472	SECTION 4. (a) If this Act does not receive a two-thirds
473	473	vote of all the members elected to each house, Subchapter C, Chapter
474	474	7986, Special District Local Laws Code, as added by Section 1 of
475	475	this Act, is amended by adding Section 7986.106 to read as follows:
476	476	Sec. 7986.106. NO EMINENT DOMAIN POWER. The district may
477	477	not exercise the power of eminent domain.
478	478	(b) This section is not intended to be an expression of a
479	479	legislative interpretation of the requirements of Section 17(c),
480	480	Article I, Texas Constitution.
481	481	SECTION 5. This Act takes effect September 1, 2017.