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Texas Senate Bill SB1043

Texas 2017 - 85th Regular

Texas Senate Bill SB1043 Compare Versions

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11 By: Taylor of Galveston S.B. No. 1043
22 (In the Senate - Filed February 22, 2017; March 6, 2017,
33 read first time and referred to Committee on Intergovernmental
44 Relations; May 2, 2017, reported favorably by the following vote:
55 Yeas 6, Nays 0; May 2, 2017, sent to printer.)
66 Click here to see the committee vote
77
88
99 A BILL TO BE ENTITLED
1010 AN ACT
1111 relating to the creation of the Brazoria County Municipal Utility
1212 District No. 70; granting a limited power of eminent domain;
1313 providing authority to issue bonds; providing authority to impose
1414 assessments, fees, and taxes.
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1616 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1717 Code, is amended by adding Chapter 7964 to read as follows:
1818 CHAPTER 7964. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 70
1919 SUBCHAPTER A. GENERAL PROVISIONS
2020 Sec. 7964.001. DEFINITIONS. In this chapter:
2121 (1) "Board" means the district's board of directors.
2222 (2) "Commission" means the Texas Commission on
2323 Environmental Quality.
2424 (3) "Director" means a board member.
2525 (4) "District" means the Brazoria County Municipal
2626 Utility District No. 70.
2727 Sec. 7964.002. NATURE OF DISTRICT. The district is a
2828 municipal utility district created under Section 59, Article XVI,
2929 Texas Constitution.
3030 Sec. 7964.003. CONFIRMATION AND DIRECTORS' ELECTION
3131 REQUIRED. The temporary directors shall hold an election to
3232 confirm the creation of the district and to elect five permanent
3333 directors as provided by Section 49.102, Water Code.
3434 Sec. 7964.004. CONSENT OF MUNICIPALITY REQUIRED. The
3535 temporary directors may not hold an election under Section 7964.003
3636 until each municipality in whose corporate limits or
3737 extraterritorial jurisdiction the district is located has
3838 consented by ordinance or resolution to the creation of the
3939 district and to the inclusion of land in the district.
4040 Sec. 7964.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4141 (a) The district is created to serve a public purpose and benefit.
4242 (b) The district is created to accomplish the purposes of:
4343 (1) a municipal utility district as provided by
4444 general law and Section 59, Article XVI, Texas Constitution; and
4545 (2) Section 52, Article III, Texas Constitution, that
4646 relate to the construction, acquisition, improvement, operation,
4747 or maintenance of macadamized, graveled, or paved roads, or
4848 improvements, including storm drainage, in aid of those roads.
4949 Sec. 7964.006. INITIAL DISTRICT TERRITORY. (a) The
5050 district is initially composed of the territory described by
5151 Section 2 of the Act enacting this chapter.
5252 (b) The boundaries and field notes contained in Section 2 of
5353 the Act enacting this chapter form a closure. A mistake made in the
5454 field notes or in copying the field notes in the legislative process
5555 does not affect the district's:
5656 (1) organization, existence, or validity;
5757 (2) right to issue any type of bond for the purposes
5858 for which the district is created or to pay the principal of and
5959 interest on a bond;
6060 (3) right to impose a tax; or
6161 (4) legality or operation.
6262 SUBCHAPTER B. BOARD OF DIRECTORS
6363 Sec. 7964.051. GOVERNING BODY; TERMS. (a) The district is
6464 governed by a board of five elected directors.
6565 (b) Except as provided by Section 7964.052, directors serve
6666 staggered four-year terms.
6767 Sec. 7964.052. TEMPORARY DIRECTORS. (a) On or after the
6868 effective date of the Act enacting this chapter, the owner or owners
6969 of a majority of the assessed value of the real property in the
7070 district may submit a petition to the commission requesting that
7171 the commission appoint as temporary directors the five persons
7272 named in the petition. The commission shall appoint as temporary
7373 directors the five persons named in the petition.
7474 (b) Temporary directors serve until the earlier of:
7575 (1) the date permanent directors are elected under
7676 Section 7964.003; or
7777 (2) the fourth anniversary of the effective date of
7878 the Act enacting this chapter.
7979 (c) If permanent directors have not been elected under
8080 Section 7964.003 and the terms of the temporary directors have
8181 expired, successor temporary directors shall be appointed or
8282 reappointed as provided by Subsection (d) to serve terms that
8383 expire on the earlier of:
8484 (1) the date permanent directors are elected under
8585 Section 7964.003; or
8686 (2) the fourth anniversary of the date of the
8787 appointment or reappointment.
8888 (d) If Subsection (c) applies, the owner or owners of a
8989 majority of the assessed value of the real property in the district
9090 may submit a petition to the commission requesting that the
9191 commission appoint as successor temporary directors the five
9292 persons named in the petition. The commission shall appoint as
9393 successor temporary directors the five persons named in the
9494 petition.
9595 SUBCHAPTER C. POWERS AND DUTIES
9696 Sec. 7964.101. GENERAL POWERS AND DUTIES. The district has
9797 the powers and duties necessary to accomplish the purposes for
9898 which the district is created.
9999 Sec. 7964.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100100 DUTIES. The district has the powers and duties provided by the
101101 general law of this state, including Chapters 49 and 54, Water Code,
102102 applicable to municipal utility districts created under Section 59,
103103 Article XVI, Texas Constitution.
104104 Sec. 7964.103. LEVEE IMPROVEMENT DISTRICT POWERS AND
105105 DUTIES. The district has the powers and duties provided by the
106106 general law of this state, including Chapter 57, Water Code,
107107 applicable to levee improvement districts created under Section 59,
108108 Article XVI, Texas Constitution.
109109 Sec. 7964.104. AUTHORITY FOR ROAD PROJECTS. Under Section
110110 52, Article III, Texas Constitution, the district may design,
111111 acquire, construct, finance, issue bonds for, improve, operate,
112112 maintain, and convey to this state, a county, or a municipality for
113113 operation and maintenance macadamized, graveled, or paved roads, or
114114 improvements, including storm drainage, in aid of those roads.
115115 Sec. 7964.105. ROAD STANDARDS AND REQUIREMENTS. (a) A
116116 road project must meet all applicable construction standards,
117117 zoning and subdivision requirements, and regulations of each
118118 municipality in whose corporate limits or extraterritorial
119119 jurisdiction the road project is located.
120120 (b) If a road project is not located in the corporate limits
121121 or extraterritorial jurisdiction of a municipality, the road
122122 project must meet all applicable construction standards,
123123 subdivision requirements, and regulations of each county in which
124124 the road project is located.
125125 (c) If the state will maintain and operate the road, the
126126 Texas Transportation Commission must approve the plans and
127127 specifications of the road project.
128128 Sec. 7964.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
129129 OR RESOLUTION. The district shall comply with all applicable
130130 requirements of any ordinance or resolution that is adopted under
131131 Section 54.016 or 54.0165, Water Code, and that consents to the
132132 creation of the district or to the inclusion of land in the
133133 district.
134134 Sec. 7964.107. DIVISION OF DISTRICT. (a) The district may
135135 be divided into two or more new districts only if:
136136 (1) the district has no outstanding bonded debt; and
137137 (2) the district is not imposing ad valorem taxes.
138138 (b) This chapter applies to any new district created by the
139139 division of the district, and a new district has all the powers and
140140 duties of the district.
141141 (c) Any new district created by the division of the district
142142 may not, at the time the new district is created, contain any land
143143 outside the area described by Section 2 of the Act creating this
144144 chapter.
145145 (d) The board, on its own motion or on receipt of a petition
146146 signed by the owner or owners of a majority of the assessed value of
147147 the real property in the district, may adopt an order dividing the
148148 district.
149149 (e) The board may adopt an order dividing the district
150150 before or after the date the board holds an election under Section
151151 7964.003 to confirm the creation of the district.
152152 (f) An order dividing the district shall:
153153 (1) name each new district;
154154 (2) include the metes and bounds description of the
155155 territory of each new district;
156156 (3) appoint temporary directors for each new district;
157157 and
158158 (4) provide for the division of assets and liabilities
159159 between or among the new districts.
160160 (g) On or before the 30th day after the date of adoption of
161161 an order dividing the district, the district shall file the order
162162 with the commission and record the order in the real property
163163 records of each county in which the district is located.
164164 (h) Any new district created by the division of the district
165165 shall hold a confirmation and directors' election as required by
166166 Section 7964.003.
167167 (i) If the creation of the new district is confirmed, the
168168 new district shall provide the election date and results to the
169169 commission.
170170 (j) Any new district created by the division of the district
171171 must hold an election as required by this chapter to obtain voter
172172 approval before the district may impose a maintenance tax or issue
173173 bonds payable wholly or partly from ad valorem taxes.
174174 (k) Municipal consent to the creation of the district and to
175175 the inclusion of land in the district granted under Section
176176 7964.004 acts as municipal consent to the creation of any new
177177 district created by the division of the district and to the
178178 inclusion of land in the new district.
179179 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
180180 Sec. 7964.151. ELECTIONS REGARDING TAXES OR BONDS.
181181 (a) The district may issue, without an election, bonds and other
182182 obligations secured by:
183183 (1) revenue other than ad valorem taxes; or
184184 (2) contract payments described by Section 7964.153.
185185 (b) The district must hold an election in the manner
186186 provided by Chapters 49 and 54, Water Code, to obtain voter approval
187187 before the district may impose an ad valorem tax or issue bonds
188188 payable from ad valorem taxes.
189189 (c) The district may not issue bonds payable from ad valorem
190190 taxes to finance a road project unless the issuance is approved by a
191191 vote of a two-thirds majority of the district voters voting at an
192192 election held for that purpose.
193193 Sec. 7964.152. OPERATION AND MAINTENANCE TAX. (a) If
194194 authorized at an election held under Section 7964.151, the district
195195 may impose an operation and maintenance tax on taxable property in
196196 the district in accordance with Section 49.107, Water Code.
197197 (b) The board shall determine the tax rate. The rate may not
198198 exceed the rate approved at the election.
199199 Sec. 7964.153. CONTRACT TAXES. (a) In accordance with
200200 Section 49.108, Water Code, the district may impose a tax other than
201201 an operation and maintenance tax and use the revenue derived from
202202 the tax to make payments under a contract after the provisions of
203203 the contract have been approved by a majority of the district voters
204204 voting at an election held for that purpose.
205205 (b) A contract approved by the district voters may contain a
206206 provision stating that the contract may be modified or amended by
207207 the board without further voter approval.
208208 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
209209 Sec. 7964.201. AUTHORITY TO ISSUE BONDS AND OTHER
210210 OBLIGATIONS. The district may issue bonds or other obligations
211211 payable wholly or partly from ad valorem taxes, impact fees,
212212 revenue, contract payments, grants, or other district money, or any
213213 combination of those sources, to pay for any authorized district
214214 purpose.
215215 Sec. 7964.202. TAXES FOR BONDS. At the time the district
216216 issues bonds payable wholly or partly from ad valorem taxes, the
217217 board shall provide for the annual imposition of a continuing
218218 direct ad valorem tax, without limit as to rate or amount, while all
219219 or part of the bonds are outstanding as required and in the manner
220220 provided by Sections 54.601 and 54.602, Water Code.
221221 Sec. 7964.203. BONDS FOR ROAD PROJECTS. At the time of
222222 issuance, the total principal amount of bonds or other obligations
223223 issued or incurred to finance road projects and payable from ad
224224 valorem taxes may not exceed one-fourth of the assessed value of the
225225 real property in the district.
226226 SECTION 2. The Brazoria County Municipal Utility District
227227 No. 70 initially includes all the territory contained in the
228228 following area:
229229 A METES & BOUNDS description of a certain 2273.1 acres of land
230230 situated in the H.T.&B.R.R. Company Survey, Abstract No. 254, the
231231 H.T.&B.R.R. Company Survey, Abstract No. 251, the A. A. Talmage
232232 Survey, Abstract No. 554, the A. A. Talmage Survey, Abstract
233233 No. 553 and the James L Holmes Heirs Survey, Abstract No. 610, all
234234 in Brazoria County, Texas and being out of a called 2856.555 acre
235235 tract of land (Tract 1) and a called 14.188 acre tract of land
236236 (Tract 2), conveyed to Dee S. Osborne by the deed recorded in Volume
237237 1159, Page 715 of the Brazoria County Deed Records, a called 98.2535
238238 acre tract of land conveyed to Southeast Properties, Ltd by the deed
239239 recorded in Clerk's File No. 92-33050 of the Brazoria County
240240 Official Public Records and a called 109.232 acre tract of land
241241 conveyed to Southeast Properties, LTD recorded in Volume 1221, Page
242242 362 of the Brazoria County Deed Records; said 2273.1 acres being
243243 more particularly described in two tracts as follows, with all
244244 bearings being based on the Texas Coordinate System, South Central
245245 Zone, NAD 83;
246246 TRACT ONE, 1208.2 ACRES
247247 BEGINNING at a found 5/8-inch iron rod at the northwest
248248 corner of said 14.188 acre tract, common with the northeast corner
249249 of a called 2.50 acre tract of land conveyed to Carlos Hernandez and
250250 Olga Hernandez by the deed recorded in Clerk's File No. 99-056053
251251 of the Brazoria County Official Public Records and being in the
252252 southerly right-of-way line of County Road 511;
253253 THENCE, North 87°04'39" East, along the northerly line of said
254254 14.188 acre tract, common with said southerly right-of-way line, at
255255 a distance of 1546.49 feet passing a found 1/2-inch iron rod for the
256256 northeast corner of said 14.188 acre tract and continuing for a
257257 total distance of 1646.82 feet to a point for corner in the
258258 right-of-way of FM 1462;
259259 THENCE, South 30°16'03" East, at 54.76 feet passing a found
260260 1/2-inch iron rod at the northernmost corner of said 2856.555 acre
261261 tract, common with the intersection of the Southerly right-of-way
262262 line of said FM 1462 with the westerly right-of-way line of said
263263 County Road 511 and then continuing with the easterly line of said
264264 2856.555 acre tract, common with the westerly right-of-way line of
265265 said County Road 511, for a total distance of 5989.45 feet to a set
266266 3/4-inch iron rod (with cap stamped "JonesCarter property corner")
267267 at the beginning of a non-tangent curve to the left;
268268 THENCE, departing said common line, over and across said
269269 2856.555 acres and along the arc of said non-tangent curve to the
270270 left having a radius of 2640.00 feet, a central angle of 66°45'27",
271271 an arc length of 3075.96 feet, and a long chord bearing South
272272 03°17'15" West, 2904.90 feet to a point for corner;
273273 THENCE, South 30°05'28" East, a distance of 23.74 feet to a
274274 set 3/4-inch iron rod (with cap stamped "JonesCarter property
275275 corner") in the southeasterly line of said 2856.555 acre tract,
276276 common with the northwesterly line of a called 110.21 acre tract of
277277 land conveyed to Patrick D. Moller and wife, Suzanne Moller by the
278278 deed recorded in Clerk's File No. 96-005947 of the Brazoria County
279279 Official Public Records and from which a found 5/8-inch iron rod in
280280 the westerly right-of-way line of said County Road 511, bears North
281281 59°36'38" East, 955.96 feet;
282282 THENCE, South 59°36'38" West, along said common line, a
283283 distance of 2575.73 feet to a set 3/4-inch iron rod (with cap
284284 stamped "JonesCarter property corner") at the beginning of a
285285 non-tangent curve to the right;
286286 THENCE, departing said common line, over and across said
287287 2856.555 acres and along the arc of said non-tangent curve to the
288288 right having a radius of 5280.00 feet, a central angle of 07°33'42",
289289 an arc length of 696.84 feet, and a long chord bearing North
290290 48°41'21" West, 696.33 feet to the beginning of a compound curve to
291291 the right;
292292 THENCE, continuing over and across said 2856.555 acres and
293293 along the arc of said compound curve to the right having a radius of
294294 5280.00 feet, a central angle of 21°24'05", an arc length of 1972.22
295295 feet, and a long chord bearing North 51°53'34" West, 1960.78 feet to
296296 a point for corner;
297297 THENCE, continuing over and across said 2856.555 acres, the
298298 following six (6) bearings and distances;
299299 1) North 67°16'53" West, a distance of 1365.55 feet to
300300 a point for corner;
301301 2) North 68°00'23" West, a distance of 1178.08 feet to
302302 a point for corner;
303303 3) North 67°37'10" West, a distance of 885.98 feet to a
304304 point for corner;
305305 4) North 34°22'34" West, a distance of 700.44 feet to a
306306 point for corner;
307307 5) North 33°50'21" West, a distance of 1651.19 feet to
308308 a point for corner;
309309 6) North 32°16'42" West, a distance of 473.37 feet to a
310310 point for corner;
311311 THENCE, North 33°31'32" West, continuing over and across said
312312 2856.555 acres and over and across said 98.2535 acres, a distance of
313313 2191.74 feet to a set 3/4-inch iron rod (with cap stamped
314314 "JonesCarter property corner") in the northerly line of said
315315 2856.555 acres, common with the southerly right-of-way line of said
316316 FM 1462;
317317 THENCE, North 86°56'14" East, along said common line, at
318318 186.72 feet passing a found 1/2-inch iron rod at the northwest
319319 corner of said 98.2535 acres, at 1005.62 feet passing a found
320320 concrete monument at the northeast corner of said 98.2535 acre
321321 tract, then continuing with the northerly line of said 2856.555
322322 acres, common with the southerly right-of-way line of said FM 1462,
323323 for a toral distance of 2296.45 feet to a point for corner;
324324 THENCE, North 86°49'41" East, continuing along said common
325325 line, a distance of 1353.40 feet to the beginning of a curve to the
326326 left;
327327 THENCE, continuing along said common line and the arc of said
328328 curve to the left having a radius of 1482.69 feet, a central angle
329329 of 14°54'54", an arc length of 385.97 feet, and a long chord bearing
330330 North 79°22'13" East, 384.88 feet to the westernmost corner of a
331331 called 3.37 acre tract of land conveyed to Tommy Nguyen and wife,
332332 Kathy Nguyen by the deed recorded in Clerk's File No. 2005005114 of
333333 the Brazoria County Official Public Records;
334334 THENCE, North 86°52'55" East, along a northerly line of said
335335 2856.555 acre tract, common with the southerly line of said 3.37
336336 acre tract, a distance of 830.05 feet to the southeast corner of
337337 said 3.37 acre tract, common with an interior corner of said
338338 2856.555 acre tract;
339339 THENCE, North 02°42'05" West, along an interior line of said
340340 2856.555 acre tract, common with the easterly line of said 3.37 acre
341341 tract, a distance of 388.94 feet to the northernmost corner of said
342342 3.37 acre tract also being in the southerly right-of-way line of
343343 said FM 1462;
344344 THENCE, North 59°47'44" East, along northerly line of said
345345 2856.555 acre tract, common with the southerly right-of-way line of
346346 said FM 1462, a distance of 1089.08 feet to a point for corner;
347347 THENCE, North 02°54'16" West, departing said common line and
348348 over and across the right-of-way of said FM 1462, at a distance of
349349 111.54 feet passing a found 1/2-inch iron rod at the southwest
350350 corner of said 14.188 acre tract, common with the southeast corner
351351 of a called 2.311 acre tract of land conveyed to Yu-Ping Goodman by
352352 the deed recorded in Clerk's File No. 02-008105 of the Brazoria
353353 County Official Public Records, then continuing along the easterly
354354 lines of said 2.311 acre and 2.50 acre tracts, common with the
355355 westerly line of said 14.188 acre tract, for a total distance of
356356 911.10 feet to the POINT OF BEGINNING, OF TRACT ONE CONTAINING
357357 1208.2 acres.
358358 TRACT 2, 1064.9 ACRES
359359 COMMENCING at a found 5/8-inch iron rod at the northwest
360360 corner of said 14.188 acre tract, common with the northeast corner
361361 of said 2.50 acre tract and being the POINT OF BEGINNING of the
362362 above described Tract One.
363363 THENCE, South 02°54'16" East, along the westerly line of said
364364 14.188 acre tract, common with the easterly lines of said 2.50 acre
365365 and 2.311 acre tracts, at 799.56 feet passing a 1/2-inch iron rod
366366 found at the southwest corner of said 14.188 acre tract, common with
367367 the southeast corner of said 2.311 acre tract, then continuing over
368368 and across said right-of-way of FM 1462, a total distance of 911.10
369369 feet to a point in the northerly line of said 2856.555 acre tract,
370370 common with the southerly right-of-way line of said FM 1462;
371371 THENCE, South 59°47'44" West, along said common line, a
372372 distance of 1089.08 feet to the northernmost corner of a said 3.37
373373 acre tract;
374374 THENCE, South 02°42'05" East, departing said common line and
375375 along an interior line of said 2856.555 acre tract, common with the
376376 easterly line of said 3.37 acre tract, a distance of 388.94 feet to
377377 the southeast corner of said 3.37 acre tract, common with an
378378 interior corner of said 2856.555 acre tract;
379379 THENCE, South 86°52'55" West, along a northerly line of said
380380 2856.555 acre tract, common with the southerly line of said 3.37
381381 acre tract, a distance of 830.05 feet to the westernmost corner of
382382 said 3.37 acre tract, being in the southerly right-of-way line of
383383 said FM 1462 at the beginning of a curve to the right;
384384 THENCE, along a northerly line of said 2856.555 acre tract,
385385 common with the southerly right-of-way line of said FM 1462 and the
386386 arc of said curve to the right having a radius of 1482.69 feet, a
387387 central angle of 14°54'54", an arc length of 385.97 feet, and a long
388388 chord bearing South 79°22'13" West, 384.88 feet to a point for
389389 corner;
390390 THENCE, South 86°49'41" West, continuing along said common
391391 line, a distance of 1353.40 feet to a point for corner;
392392 THENCE, South 86°56'14" West, continuing along said southerly
393393 right-of-way line, common with the northerly line of said 2856.555
394394 acres and the northerly line of said 98.2535 acres, distance of
395395 2296.45 feet to a point for corner;
396396 THENCE, South 87°01'47" West, continuing along said southerly
397397 right-of-way line, common with the northerly line of said 2856.555
398398 acres and the northerly line of said 109.232 acres, a distance of
399399 1590.81 feet to the northwest corner of said 109.232 acre tract,
400400 being in the easterly line of a called 80.74 acre tract of land
401401 conveyed to South Associates by the deed recorded in Volume 1420,
402402 Page 710 of the Brazoria County Deed Records;
403403 THENCE, South 02°27'26" East, departing said common line and
404404 along the westerly line of said 109.232 acre tract, common with the
405405 easterly line of said 80.74 acre tract, a distance of 2584.43 feet
406406 to the southeast corner of said 80.74 acres, common with an interior
407407 corner of said 2856.555 acre tract;
408408 THENCE, South 86°55'53" West, along the southerly line of said
409409 80.74 acres, common with a northerly line of said 2856.555 acres, a
410410 distance of 256.28 feet to a set 3/4-inch iron rod (with cap stamped
411411 "JonesCarter property corner") for the POINT OF BEGINNING of the
412412 herein described tract;
413413 THENCE over and across said 2856.55 and 109.232 acre tracts
414414 the following six (6) bearings and distances;
415415 1) South 33°07'56" East, a distance of 1574.72 feet to
416416 a point for corner;
417417 2) South 32°45'11" East, a distance of 1737.40 feet to
418418 a point for corner;
419419 3) South 34°06'46" East, a distance of 525.85 feet to a
420420 point for corner;
421421 4) South 37°02'29" East, a distance of 125.27 feet to a
422422 point for corner;
423423 5) South 33°08'38" East, a distance of 825.02 feet to a
424424 point for corner;
425425 6) South 67°31'02" East, a distance of 2641.65 feet to
426426 a point for corner;
427427 THENCE, South 67°38'45" East, continuing over and across said
428428 2856.555 acres, a distance of 2391.22 feet to a set 3/4-inch iron
429429 rod (with cap stamped "JonesCarter property corner") in the
430430 southeasterly line of said 2856.555 acre tract, common with the
431431 northwesterly line of a called 5440.64 acre tract of land conveyed
432432 to HRI Development Corporation by the deed recorded in Clerk's File
433433 No. 88544-596 of the Brazoria County Official Public Records;
434434 THENCE, South 59°36'38" West, along said common line, a
435435 distance of 4112.50 feet to a found axel at the most southerly
436436 southeast corner of said 2856.555 acres also being an interior
437437 corner of said 5440.64 acres;
438438 THENCE, South 89°58'50" West, along the southerly line of said
439439 2856.555 acre tract, common with a northerly line of said 5440.64
440440 acre tract, a distance of 4086.26 feet to an angle point;
441441 THENCE, South 87°30'17" West, continuing along said common
442442 line, a distance of 2116.63 feet to the southwest corner of said
443443 2856.555 acre tract, common with the southeast corner of a called
444444 347.07 acre tract of land conveyed to Tehama Communities, LLP by the
445445 deed recorded in Clerk's File No. 2005072012 of the Brazoria County
446446 Official Public Records;
447447 THENCE, North 03°17'11" West, along a westerly line of said
448448 2856.555 acre tract, common with the easterly line of said 347.07
449449 acre tract, a distance of 5281.54 feet to the northeast corner of
450450 said 347.07 acre tract, being in the southerly line of a called 50
451451 acre tract of land conveyed to Willie Alton, et al by the deed
452452 recorded in Volume 928, Page 141 of the Brazoria County Deed
453453 Records;
454454 THENCE, North 87°07'20" East, along an interior line of said
455455 2856.555 acre tract, common with the southerly line of said 50 acre
456456 tract, a distance of 486.77 feet to the southeast corner of said 50
457457 acre tract, common with an interior corner of said 2856.555 acre
458458 tract;
459459 THENCE, North 02°42'52" West, along a westerly line of said
460460 2856.555 acre tract, common with the easterly lines of said 50 acre
461461 tract, a called 40.13 acre tract of land conveyed to Krystal G.
462462 Hodge by the deed recorded in Clerk's File No. 2014019841 of the
463463 Brazoria County Official Public Records and a called 42.122 acre
464464 tract of land conveyed to Bjorn F. Lindgren and wife, Beverly L.
465465 Lindgren by the deed recorded in Clerk's File No. 2004063194 of the
466466 Brazoria County Official Public Records, a distance of 2675.71
467467 feet to the most westerly northwest corner of said 2856.55 acre
468468 tract, common with the southeast corner of a called 80.74 acre tract
469469 (Tract 2) of land conveyed to South Associates by the deed recorded
470470 in Volume 1420, Page 710 of the Brazoria County Deed Records;
471471 THENCE, North 86°55'53" East, along a northerly line of said
472472 2856.555 acre tract, common with the southerly lines of said 80.74
473473 acre tracts (Tract I and 2), a distance of 2420.68 feet to the POINT
474474 OF BEGINNING OF TRACT TWO, CONTAINING 1064.9 acres and together
475475 with the above described tract one containing a total of 2273.1
476476 acres of land in Brazoria County, Texas.
477477 SECTION 3. (a) The legal notice of the intention to
478478 introduce this Act, setting forth the general substance of this
479479 Act, has been published as provided by law, and the notice and a
480480 copy of this Act have been furnished to all persons, agencies,
481481 officials, or entities to which they are required to be furnished
482482 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
483483 Government Code.
484484 (b) The governor, one of the required recipients, has
485485 submitted the notice and Act to the Texas Commission on
486486 Environmental Quality.
487487 (c) The Texas Commission on Environmental Quality has filed
488488 its recommendations relating to this Act with the governor, the
489489 lieutenant governor, and the speaker of the house of
490490 representatives within the required time.
491491 (d) All requirements of the constitution and laws of this
492492 state and the rules and procedures of the legislature with respect
493493 to the notice, introduction, and passage of this Act are fulfilled
494494 and accomplished.
495495 SECTION 4. (a) If this Act does not receive a two-thirds
496496 vote of all the members elected to each house, Subchapter C, Chapter
497497 7964, Special District Local Laws Code, as added by Section 1 of
498498 this Act, is amended by adding Section 7964.108 to read as follows:
499499 Sec. 7964.108. NO EMINENT DOMAIN POWER. The district may
500500 not exercise the power of eminent domain.
501501 (b) This section is not intended to be an expression of a
502502 legislative interpretation of the requirements of Section 17(c),
503503 Article I, Texas Constitution.
504504 SECTION 5. This Act takes effect immediately if it receives
505505 a vote of two-thirds of all the members elected to each house, as
506506 provided by Section 39, Article III, Texas Constitution. If this
507507 Act does not receive the vote necessary for immediate effect, this
508508 Act takes effect September 1, 2017.
509509 * * * * *