Texas 2017 - 85th Regular

Texas Senate Bill SB904 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell S.B. No. 904
2		-	(Burns)
	1	+	S.B. No. 904
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		relating to the creation of the Cresson Municipal Utility District
7	5		No. 1 of Hood County; granting a limited power of eminent domain;
8	6		providing authority to issue bonds; providing authority to impose
9	7		assessments, fees, and taxes.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	10		Code, is amended by adding Chapter 7975 to read as follows:
13	11		CHAPTER 7975. CRESSON MUNICIPAL UTILITY DISTRICT NO. 1 OF HOOD
14	12		COUNTY
15	13		SUBCHAPTER A. GENERAL PROVISIONS
16	14		Sec. 7975.001. DEFINITIONS. In this chapter:
17	15		(1) "Board" means the district's board of directors.
18	16		(2) "Commission" means the Texas Commission on
19	17		Environmental Quality.
20	18		(3) "Director" means a board member.
21	19		(4) "District" means the Cresson Municipal Utility
22	20		District No. 1 of Hood County.
23	21		Sec. 7975.002. NATURE OF DISTRICT. The district is a
24	22		municipal utility district created under Section 59, Article XVI,
25	23		Texas Constitution.
26	24		Sec. 7975.003. CONFIRMATION AND DIRECTORS' ELECTION
27	25		REQUIRED. The temporary directors shall hold an election to
28	26		confirm the creation of the district and to elect five permanent
29	27		directors as provided by Section 49.102, Water Code.
30	28		Sec. 7975.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	29		temporary directors may not hold an election under Section 7975.003
32	30		until each municipality in whose corporate limits or
33	31		extraterritorial jurisdiction the district is located has
34	32		consented by ordinance or resolution to the creation of the
35	33		district and to the inclusion of land in the district.
36	34		Sec. 7975.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	35		(a) The district is created to serve a public purpose and benefit.
38	36		(b) The district is created to accomplish the purposes of:
39	37		(1) a municipal utility district as provided by
40	38		general law and Section 59, Article XVI, Texas Constitution; and
41	39		(2) Section 52, Article III, Texas Constitution, that
42	40		relate to the construction, acquisition, improvement, operation,
43	41		or maintenance of macadamized, graveled, or paved roads, or
44	42		improvements, including storm drainage, in aid of those roads.
45	43		Sec. 7975.006. INITIAL DISTRICT TERRITORY. (a) The
46	44		district is initially composed of the territory described by
47	45		Section 2 of the Act enacting this chapter.
48	46		(b) The boundaries and field notes contained in Section 2 of
49	47		the Act enacting this chapter form a closure. A mistake made in the
50	48		field notes or in copying the field notes in the legislative process
51	49		does not affect the district's:
52	50		(1) organization, existence, or validity;
53	51		(2) right to issue any type of bond for the purposes
54	52		for which the district is created or to pay the principal of and
55	53		interest on a bond;
56	54		(3) right to impose a tax; or
57	55		(4) legality or operation.
58	56		SUBCHAPTER B. BOARD OF DIRECTORS
59	57		Sec. 7975.051. GOVERNING BODY; TERMS. (a) The district is
60	58		governed by a board of five elected directors.
61	59		(b) Except as provided by Section 7975.052, directors serve
62	60		staggered four-year terms.
63	61		Sec. 7975.052. TEMPORARY DIRECTORS. (a) On or after
64	62		September 1, 2017, the owner or owners of a majority of the assessed
65	63		value of the real property in the district may submit a petition to
66	64		the commission requesting that the commission appoint as temporary
67	65		directors the five persons named in the petition. The commission
68	66		shall appoint as temporary directors the five persons named in the
69	67		petition.
70	68		(b) Temporary directors serve until the earlier of:
71	69		(1) the date permanent directors are elected under
72	70		Section 7975.003; or
73	71		(2) September 1, 2021.
74	72		(c) If permanent directors have not been elected under
75	73		Section 7975.003 and the terms of the temporary directors have
76	74		expired, successor temporary directors shall be appointed or
77	75		reappointed as provided by Subsection (d) to serve terms that
78	76		expire on the earlier of:
79	77		(1) the date permanent directors are elected under
80	78		Section 7975.003; or
81	79		(2) the fourth anniversary of the date of the
82	80		appointment or reappointment.
83	81		(d) If Subsection (c) applies, the owner or owners of a
84	82		majority of the assessed value of the real property in the district
85	83		may submit a petition to the commission requesting that the
86	84		commission appoint as successor temporary directors the five
87	85		persons named in the petition. The commission shall appoint as
88	86		successor temporary directors the five persons named in the
89	87		petition.
90	88		SUBCHAPTER C. POWERS AND DUTIES
91	89		Sec. 7975.101. GENERAL POWERS AND DUTIES. The district has
92	90		the powers and duties necessary to accomplish the purposes for
93	91		which the district is created.
94	92		Sec. 7975.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	93		DUTIES. The district has the powers and duties provided by the
96	94		general law of this state, including Chapters 49 and 54, Water Code,
97	95		applicable to municipal utility districts created under Section 59,
98	96		Article XVI, Texas Constitution.
99	97		Sec. 7975.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	98		52, Article III, Texas Constitution, the district may design,
101	99		acquire, construct, finance, issue bonds for, improve, operate,
102	100		maintain, and convey to this state, a county, or a municipality for
103	101		operation and maintenance macadamized, graveled, or paved roads, or
104	102		improvements, including storm drainage, in aid of those roads.
105	103		Sec. 7975.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	104		road project must meet all applicable construction standards,
107	105		zoning and subdivision requirements, and regulations of each
108	106		municipality in whose corporate limits or extraterritorial
109	107		jurisdiction the road project is located.
110	108		(b) If a road project is not located in the corporate limits
111	109		or extraterritorial jurisdiction of a municipality, the road
112	110		project must meet all applicable construction standards,
113	111		subdivision requirements, and regulations of each county in which
114	112		the road project is located.
115	113		(c) If the state will maintain and operate the road, the
116	114		Texas Transportation Commission must approve the plans and
117	115		specifications of the road project.
118	116		Sec. 7975.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	117		OR RESOLUTION. The district shall comply with all applicable
120	118		requirements of any ordinance or resolution that is adopted under
121	119		Section 54.016 or 54.0165, Water Code, and that consents to the
122	120		creation of the district or to the inclusion of land in the
123	121		district.
124	122		Sec. 7975.106. FIREFIGHTING SERVICES. Notwithstanding
125	123		Section 49.351(a), Water Code, the district may, as authorized by
126	124		Section 59(f), Article XVI, Texas Constitution, and Section 49.351,
127	125		Water Code:
128	126		(1) establish, operate, and maintain a fire
129	127		department;
130	128		(2) contract with another political subdivision for
131	129		the joint operation of a fire department; or
132	130		(3) contract with any other person to perform
133	131		firefighting services in the district and may issue bonds and
134	132		impose taxes to pay for the department and the activities.
135	133		Sec. 7975.107. FEES AND CHARGES. (a) The district may
136	134		adopt and enforce all necessary charges, mandatory fees, or
137	135		rentals, in addition to taxes, for providing or making available
138	136		any district facility or service, including firefighting
139	137		activities provided under Section 7975.106.
140	138		(b) To enforce payment of an unpaid fee or charge due to the
141	139		district, on the request of the district, a retail public utility,
142	140		as defined by Section 13.002, Water Code, providing water or sewer
143	141		service to a customer in the district shall terminate the service.
144	142		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
145	143		Sec. 7975.151. ELECTIONS REGARDING TAXES OR BONDS.
146	144		(a) The district may issue, without an election, bonds and other
147	145		obligations secured by:
148	146		(1) revenue other than ad valorem taxes; or
149	147		(2) contract payments described by Section 7975.153.
150	148		(b) The district must hold an election in the manner
151	149		provided by Chapters 49 and 54, Water Code, to obtain voter approval
152	150		before the district may impose an ad valorem tax or issue bonds
153	151		payable from ad valorem taxes.
154	152		(c) The district may not issue bonds payable from ad valorem
155	153		taxes to finance a road project unless the issuance is approved by a
156	154		vote of a two-thirds majority of the district voters voting at an
157	155		election held for that purpose.
158	156		Sec. 7975.152. OPERATION AND MAINTENANCE TAX. (a) If
159	157		authorized at an election held under Section 7975.151, the district
160	158		may impose an operation and maintenance tax on taxable property in
161	159		the district in accordance with Section 49.107, Water Code.
162	160		(b) The board shall determine the tax rate. The rate may not
163	161		exceed the rate approved at the election.
164	162		Sec. 7975.153. CONTRACT TAXES. (a) In accordance with
165	163		Section 49.108, Water Code, the district may impose a tax other than
166	164		an operation and maintenance tax and use the revenue derived from
167	165		the tax to make payments under a contract after the provisions of
168	166		the contract have been approved by a majority of the district voters
169	167		voting at an election held for that purpose.
170	168		(b) A contract approved by the district voters may contain a
171	169		provision stating that the contract may be modified or amended by
172	170		the board without further voter approval.
173	171		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
174	172		Sec. 7975.201. AUTHORITY TO ISSUE BONDS AND OTHER
175	173		OBLIGATIONS. The district may issue bonds or other obligations
176	174		payable wholly or partly from ad valorem taxes, impact fees,
177	175		revenue, contract payments, grants, or other district money, or any
178	176		combination of those sources, to pay for any authorized district
179	177		purpose.
180	178		Sec. 7975.202. TAXES FOR BONDS. At the time the district
181	179		issues bonds payable wholly or partly from ad valorem taxes, the
182	180		board shall provide for the annual imposition of a continuing
183	181		direct ad valorem tax, without limit as to rate or amount, while all
184	182		or part of the bonds are outstanding as required and in the manner
185	183		provided by Sections 54.601 and 54.602, Water Code.
186	184		Sec. 7975.203. BONDS FOR ROAD PROJECTS. At the time of
187	185		issuance, the total principal amount of bonds or other obligations
188	186		issued or incurred to finance road projects and payable from ad
189	187		valorem taxes may not exceed one-fourth of the assessed value of the
190	188		real property in the district.
191	189		SECTION 2. The Cresson Municipal Utility District No. 1 of
192	190		Hood County initially includes all the territory contained in the
193	191		following area:
194	192		TRACT ONE
195	193		OF A 227.753 ACRES MUNICIPAL UTILITY DISTRICT OUT OF THE J.M.
196	194		HAYES SURVEY, ABSTRACT NO. 262, AND THE J.W. RANDLE SURVEY,
197	195		ABSTRACT NO. 483, HOOD COUNTY, TEXAS; BEING LOTS 1-16, ROADWAY "A" &
198	196		ROADWAY "B", AS SHOWN ON THE PLAT OF CRESSON ONE NORTH, AN ADDITION
199	197		TO THE CITY OF CRESSON, AS RECORDED IN SLIDE P-399, PLAT RECORDS,
200	198		HOOD COUNTY, TEXAS; AND BEING FURTHER DESCRIBED BY METES AND BOUNDS
201	199		AS FOLLOWS:
202	200		BEGINNING AT A POINT AT THE NORTHWEST CORNER OF SAID CRESSON
203	201		ONE NORTH, BEING THE INTERSECTION OF THE CENTERLINE OF A CREEK AND
204	202		THE SOUTH LINE OF HOOD COUNTY ROAD NO. 413 (OLD GRANBURY ROAD), FOR
205	203		THE NORTHWEST AND BEGINNING CORNER OF THIS TRACT.
206	204		THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF
207	205		SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
208	206		N 75° 41' 58" E FOR A DISTANCE OF 182.69 FEET TO A TREE, FOR A
209	207		CORNER OF THIS TRACT.
210	208		N 32° 15' 42" E FOR A DISTANCE OF 156.73 FEET TO A 3" POST, FOR
211	209		A CORNER OF THIS TRACT.
212	210		N 16° 42' 16" E FOR A DISTANCE OF 492.23 FEET TO A FOUND 5/8"
213	211		IRON ROD, FOR A CORNER OF THIS TRACT.
214	212		THENCE S 73° 46' 39" E FOR A DISTANCE OF 1077.54 FEET LEAVING
215	213		SAID SOUTH RIGHT OF WAY LINE OF SAID HOOD COUNTY ROAD NO. 413 TO A
216	214		FOUND 5/8" IRON ROD, FOR A CORNER OF THIS TRACT.
217	215		THENCE N 18° 12' 48" E FOR A DISTANCE OF 2103.25 FEET TO A
218	216		FOUND SPINDLE, FOR A CORNER OF THIS TRACT.
219	217		THENCE N 59° 18' 25" W FOR A DISTANCE OF 1168.46 FEET TO A
220	218		FOUND 5/8" IRON ROD IN THE SAID SOUTH RIGHT OF WAY LINE OF SAID HOOD
221	219		COUNTY ROAD NO. 413, FOR A CORNER OF THIS TRACT.
222	220		THENCE CONTINUING NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY
223	221		LINE OF SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
224	222		N 55° 42' 25" E FOR A DISTANCE OF 181.62 FEET TO A 6" POST, FOR
225	223		A CORNER OF THIS TRACT.
226	224		N 63° 53' 22" E FOR A DISTANCE OF 2234.22 FEET TO A 3" POST, FOR
227	225		A CORNER OF THIS TRACT.
228	226		N 65° 29' 01" E FOR A DISTANCE OF 12.25 FEET TO A 6" POST, FOR A
229	227		CORNER OF THIS TRACT.
230	228		N 66° 44' 21" E FOR A DISTANCE OF 126.35 FEET TO A 6" POST, FOR
231	229		A CORNER OF THIS TRACT.
232	230		N 74° 20' 27" E FOR A DISTANCE OF 159.94 FEET TO A 6" POST, FOR
233	231		A CORNER OF THIS TRACT.
234	232		N 88° 57' 10" E FOR A DISTANCE OF 334.39 FEET TO A 12" POST, FOR
235	233		A CORNER OF THIS TRACT.
236	234		N 89° 55' 33" E FOR A DISTANCE OF 1522.72 FEET TO A FOUND
237	235		CONCRETE MONUMENT, FOR A THE MOST NORTHERN NORTHEAST CORNER OF THIS
238	236		TRACT.
239	237		THENCE S 28° 56' 40" E FOR A DISTANCE OF 94.47 FEET TO A 6" POST
240	238		IN THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 377, FOR A CORNER
241	239		OF THIS TRACT.
242	240		THENCE SOUTHWESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF
243	241		SAID HIGHWAY NO. 377 THE FOLLOWING:
244	242		S 32° 16' 40" W FOR A DISTANCE OF 310.56 FEET TO A FOUND
245	243		CONCRETE MONUMENT, FOR A CORNER OF THIS TRACT.
246	244		S 42° 48' 40" W FOR A DISTANCE OF 304.87 FEET TO A FOUND 1/2"
247	245		IRON ROD, FOR A CORNER OF THIS TRACT.
248	246		S 20° 19' 22" W FOR A DISTANCE OF 307.00 FEET TO A FOUND 1/2"
249	247		IRON ROD, FOR A CORNER OF THIS TRACT.
250	248		S 32° 27' 18" W FOR A DISTANCE OF 300.24 FEET TO A FOUND 1/2"
251	249		IRON ROD, FOR A CORNER OF THIS TRACT.
252	250		S 41° 52' 20" W FOR A DISTANCE OF 304.24 FEET TO A FOUND 1/2"
253	251		IRON ROD, FOR A CORNER OF THIS TRACT.
254	252		S 32° 24' 53" W FOR A DISTANCE OF 299.82 FEET TO A FOUND 1/2"
255	253		IRON ROD, FOR A CORNER OF THIS TRACT.
256	254		S 23° 00' 21" W FOR A DISTANCE OF 304.46 FEET TO A FOUND 1/2"
257	255		IRON ROD, FOR A CORNER OF THIS TRACT.
258	256		S 32° 27' 05" W FOR A DISTANCE OF 639.42 FEET TO A FOUND 1/2"
259	257		IRON ROD, FOR A CORNER OF THIS TRACT.
260	258		S 37° 58' 53" W FOR A DISTANCE OF 532.79 FEET TO A FOUND 1/2"
261	259		IRON ROD, FOR A CORNER OF THIS TRACT.
262	260		S 52° 59' 53" W FOR A DISTANCE OF 535.83 FEET TO A FOUND
263	261		CONCRETE MONUMENT, FOR A CORNER OF THIS TRACT.
264	262		S 54° 51' 37" W FOR A DISTANCE OF 439.73 FEET TO A FOUND 1/2"
265	263		IRON ROD, FOR A CORNER OF THIS TRACT.
266	264		S 54° 03' 13" W FOR A DISTANCE OF 700.49 FEET TO A FOUND 1/2"
267	265		IRON ROD, FOR A CORNER OF THIS TRACT.
268	266		S 51° 22' 36" W FOR A DISTANCE OF 400.55 FEET TO A 6" POST, FOR
269	267		A CORNER OF THIS TRACT.
270	268		S 54° 48' 11" W FOR A DISTANCE OF 699.61 FEET TO FOUND 1/2"
271	269		IRON ROD, FOR A CORNER OF THIS TRACT.
272	270		S 62° 01' 53" W FOR A DISTANCE OF 201.59 FEET TO FOUND 1/2"
273	271		IRON ROD, FOR A CORNER OF THIS TRACT.
274	272		THENCE S 54° 57' 58" W FOR A DISTANCE 166.87 FEET TO A POINT AT
275	273		THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY NO.
276	274		377 AND THE CENTERLINE OF A CREEK, FOR THE MOST SOUTHERLY SOUTHWEST
277	275		CORNER OF THIS TRACT.
278	276		THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID CREEK THE
279	277		FOLLOWING:
280	278		N 48° 49' 19" W FOR A DISTANCE OF 111.00 FEET TO A POINT;
281	279		N 71° 19' 49" W FOR A DISTANCE OF 119.11 FEET TO A POINT:
282	280		N 32° 48' 10" W FOR A DISTANCE OF 139.13 FEET TO A POINT:
283	281		N 78° 36' 00" W FOR A DISTANCE OF 363.79 FEET TO A POINT:
284	282		N 31° 39' 32" W FOR A DISTANCE OF 123.17 FEET TO A POINT:
285	283		N 76° 01' 11" W FOR A DISTANCE OF 145.14 FEET TO A POINT:
286	284		S 64° 02' 12" W FOR A DISTANCE OF 208.15 FEET TO A POINT:
287	285		N 48° 58' 10" W FOR A DISTANCE OF 40.02 FEET TO A POINT:
288	286		N 11° 16' 01" W FOR A DISTANCE OF 153.56 FEET TO THE POINT OF
289	287		BEGINNING.
290	288		TRACT TWO
291	289		OF A 127.210 ACRES MUNICIPAL UTILITY DISTRICT OUT OF THE JOHN
292	290		HOWARD SURVEY, ABSTRACT NO. 716 AND THE J.W. RANDLE SURVEY,
293	291		ABSTRACT NO. 483, HOOD COUNTY, TEXAS; BEING LOT 1, LOT 2, LOTS 5-17,
294	292		LOTS 19-24, RESERVE "A", RESERVE "B", RIDGELINE ROAD, RIDGELINE
295	293		COURT, CRESSON VIEW ROAD & SPRING VALLEY ROAD, AS SHOWN ON THE PLAT
296	294		OF CRESSON ONE SOUTH, AN ADDITION TO THE CITY OF CRESSON, AS
297	295		RECORDED IN SLIDE P-398, PLAT RECORDS, HOOD COUNTY, TEXAS; AND
298	296		BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
299	297		BEGINNING AT A FOUND 1/2" IRON ROD IN THE SOUTH RIGHT OF WAY
300	298		LINE OF HOOD COUNTY ROAD NO. 413 (PAVED SURFACE) AT THE MOST
301	299		WESTERLY CORNER OF SAID CRESSON ONE SOUTH, SAME BEING IN THE WEST
302	300		BOUNDARY LINE OF SAID JOHN HOWARD SURVEY, ABSTRACT NO. 716, AND IN
303	301		THE EAST BOUNDARY LINE OF THE N.H. HOOE SURVEY, ABSTRACT NO. 281,
304	302		HOOD COUNTY, TEXAS, FOR THE NORTHWEST AND BEGINNING CORNER OF THIS
305	303		TRACT.
306	304		THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF
307	305		SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
308	306		NORTH 32°55'38" EAST 125.85 FEET TO A SET SPIKE, FOR A CORNER
309	307		OF THIS TRACT.
310	308		NORTH 26°02'32" EAST 170.33 FEET TO A SET SPIKE, FOR A CORNER
311	309		OF THIS TRACT.
312	310		NORTH 15°39'22" EAST 254.86 FEET TO A SET SPIKE, FOR A CORNER
313	311		OF THIS TRACT.
314	312		NORTH 11°52'03" EAST 334.65 FEET TO A SET SPIKE, FOR A CORNER
315	313		OF THIS TRACT.
316	314		NORTH 26°59'37" EAST 110.01 FEET TO A SET SPIKE, FOR A CORNER
317	315		OF THIS TRACT.
318	316		NORTH 48°54'48" EAST 106.43 FEET TO A SET SPIKE, FOR A CORNER
319	317		OF THIS TRACT.
320	318		NORTH 63°55'17" EAST 1383.60 FEET TO A SET SPIKE, FOR A CORNER
321	319		OF THIS TRACT.
322	320		THENCE SOUTH 04°25'25" WEST 498.78 FEET TO A SET 1/2" IRON ROD
323	321		FOR A CORNER OF THIS TRACT.
324	322		THENCE SOUTH 60°54'30" WEST 456.68 FEET TO A SET 1/2" IRON ROD
325	323		FOR A CORNER OF THIS TRACT.
326	324		THENCE SOUTH 42°23'43" WEST 389.34 FEET TO A SET 1/2" IRON ROD
327	325		FOR A CORNER OF THIS TRACT.
328	326		THENCE SOUTH 26°04'43" EAST 140.00 FEET TO A SET 1/2" IRON ROD
329	327		FOR A CORNER OF THIS TRACT.
330	328		THENCE SOUTH 45°28'04" EAST 605.64 FEET TO A SET 1/2" IRON ROD
331	329		FOR A CORNER OF THIS TRACT.
332	330		THENCE NORTH 44°31'56" EAST 836.05 FEET TO A SET 1/2" IRON ROD
333	331		FOR A CORNER OF THIS TRACT.
334	332		THENCE NORTH 45°28'04" WEST 289.49 FEET TO A SET 1/2" IRON ROD
335	333		FOR A CORNER OF THIS TRACT.
336	334		THENCE NORTH 41°04'55" EAST 73.24 FEET TO A SET 1/2" IRON ROD
337	335		FOR A CORNER OF THIS TRACT.
338	336		THENCE NORTH 32°49'57" EAST 348.82 FEET TO A SET 1/2" IRON ROD
339	337		FOR A CORNER OF THIS TRACT.
340	338		THENCE NORTH 29°59'47" EAST 83.89 FEET TO A SET 1/2" IRON ROD
341	339		FOR A CORNER OF THIS TRACT.
342	340		THENCE NORTH 58°10'30" EAST 565.94 FEET TO A SET 1/2" IRON ROD
343	341		FOR A CORNER OF THIS TRACT.
344	342		THENCE SOUTH 44°34'42" EAST 482.42 FEET TO A SET 1/2" IRON ROD
345	343		FOR A CORNER OF THIS TRACT.
346	344		THENCE NORTHEASTERLY AROUND THE ARC OF A CURVE TO THE RIGHT,
347	345		WITH A RADIUS OF 3530.54 FEET, A CHORD OF NORTH 49°04'11" EAST 492.47
348	346		FEET, AND AN ARC LENGTH OF 492.87 FEET TO A SET 1/2" IRON ROD, FOR A
349	347		CORNER OF THIS TRACT.
350	348		THENCE NORTH 53°04'09" EAST 20.32 FEET TO A SET 1/2" IRON ROD
351	349		FOR A CORNER OF THIS TRACT.
352	350		THENCE NORTH 36°55'51" WEST 319.11 TO A SET 1/2" IRON ROD AT
353	351		THE P.C. OF A CURVE FOR A CORNER OF THIS TRACT.
354	352		THENCE NORTHWESTERLY AROUND THE ARC OF A CURVE TO THE RIGHT,
355	353		WITH A RADIUS OF 531.19 FEET, A CHORD OF NORTH 17°47'21" WEST 348.36
356	354		FEET, AND AN ARC LENGTH OF 354.93 FEET TO A SET 1/2" IRON ROD IN THE
357	355		SOUTH RIGHT OF WAY OF SAID HOOD COUNTY ROAD NO. 413 FOR A CORNER OF
358	356		THIS TRACT.
359	357		THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY OF SAID
360	358		HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
361	359		NORTH 82°21'44" EAST 400.00 FEET TO A SET 1/2" IRON ROD FOR A
362	360		CORNER OF THIS TRACT.
363	361		NORTH 76°03'03" EAST 108.55 FEET TO A SET 1/2" IRON ROD FOR THE
364	362		NORTHEAST CORNER OF THIS TRACT.
365	363		THENCE SOUTHEASTERLY ALONG THE APPROXIMATE CENTERLINE OF A
366	364		CREEK AS FOLLOWS:
367	365		SOUTH 11°16'01" EAST 153.56 FEET TO A POINT FOR A CORNER OF
368	366		THIS TRACT.
369	367		SOUTH 48°58'10" EAST 16.38 FEET TO A POINT, AT THE NORTHEAST
370	368		CORNER OF LOT 18, CRESSON ONE SOUTH, FOR A CORNER OF THIS TRACT.
371	369		THENCE SOUTH 53°04'09" WEST 439.93 FEET TO A SET 1/2" IRON ROD
372	370		WITH PLASTIC CAP STAMPED "CARTER" IN THE EAST LINE OF SAID RESERVE
373	371		"B", AT THE NORTHWEST CORNER OF SAID LOT 18, FOR A CORNER OF THIS
374	372		TRACT.
375	373		THENCE ALONG THE WEST LINE OF SAID LOT 18 AS FOLLOWS:
376	374		SOUTH 36°55'52" EAST 464.90 FEET TO A SET 1/2" IRON ROD WITH
377	375		PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
378	376		SOUTHEASTERLY ALONG THE ARC OF THE CUL-DE-SAC OF SAID SPRING
379	377		VALLEY ROAD TO THE RIGHT, SAID CUL-DE-SAC HAVING A RADIUS OF 60.00
380	378		FEET, AN ARC LENGTH OF 125.66 FEET, AND WHOSE CHORD BEARS SOUTH
381	379		36°55'52" EAST 103.92 FEET, A SET 1/2" IRON ROD WITH PLASTIC CAP
382	380		STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
383	381		SOUTH 36°55'52" EAST 93.76 FEET A SET 1/2" IRON ROD WITH
384	382		PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
385	383		SOUTHEASTERLY ALONG THE ARC OF CURVE TO THE RIGHT, SAID CURVE
386	384		HAVING A RADIUS OF 230.00 FEET, AN ARC LENGTH OF 17.33 FEET, AND
387	385		WHOSE CHORD BEARS SOUTH 34°46'23" EAST 17.32 FEET A SET 1/2" IRON ROD
388	386		WITH PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
389	387		SOUTH 32°36'54" EAST 185.50 FEET A SET 1/2" IRON ROD WITH
390	388		PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
391	389		SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE
392	390		HAVING A RADIUS OF 170.00 FEET, AN ARC LENGTH OF 12.81 FEET, AND
393	391		WHOSE CHORD BEARS SOUTH 34°46'23" EAST 12.80 FEET A SET 1/2" IRON ROD
394	392		WITH PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
395	393		SOUTH 36°55'52" EAST 38.92 FEET TO A SET 1/2" IRON ROD WITH
396	394		PLASTIC CAP STAMPED "CARTER", AT THE INTERSECTION OF THE EAST LINE
397	395		OF SAID SPRING VALLEY ROAD WITH THE NORTH RIGHT OF WAY LINE OF
398	396		HIGHWAY NO. 377 (VARIABLE WIDTH RIGHT OF WAY), FOR THE SOUTHEAST
399	397		CORNER OF THIS TRACT.
400	398		THENCE SOUTHWESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF
401	399		SAID HIGHWAY NO. 377 AS FOLLOWS:
402	400		SOUTH 53°04'09" WEST 44.90 FEET TO A 6" STEEL FENCE CORNER
403	401		POST;
404	402		SOUTH 48°48'08" WEST 542.15 FEET TO A 6" STEEL FENCE CORNER
405	403		POST;
406	404		SOUTH 45°59'59" WEST 413.26 FEET TO A 6" STEEL FENCE CORNER
407	405		POST;
408	406		SOUTH 53°26'47" WEST 301.86 FEET TO A 6" STEEL FENCE CORNER
409	407		POST;
410	408		SOUTH 42°08'10" WEST 199.45 FEET TO A FOUND CONCRETE MONUMENT;
411	409		SOUTH 33°27'28" WEST 320.96 FEET TO A 6" STEEL FENCE CORNER POST;
412	410		SOUTH 34°45'16" WEST 184.92 FEET TO A SET 1/2" IRON ROD FOR A CORNER
413	411		OF THIS TRACT.
414	412		SOUTH 42°11'21" WEST 499.46 FEET TO A SET 1/2" IRON ROD FOR A
415	413		CORNER OF THIS TRACT.
416	414		SOUTH 51°45'10" WEST 203.21 FEET TO A FOUND CONCRETE MONUMENT;
417	415		SOUTH 41°58'37" WEST 269.46 FEET TO A FOUND CONCRETE MONUMENT;
418	416		SOUTH 25°37'04" WEST 130.55 FEET TO A FOUND CONCRETE MONUMENT;
419	417		SOUTH 47°39'24" WEST 286.27 FEET TO A FOUND CONCRETE MONUMENT;
420	418		SOUTH 54°36'41" WEST 275.27 FEET A SET 1/2" IRON ROD WITH
421	419		PLASTIC CAP STAMPED "CARTER", AT THE SOUTHEAST CORNER OF LOT 3,
422	420		CRESSON ONE SOUTH, FOR THE SOUTHWEST CORNER OF THIS TRACT.
423	421		THENCE NORTH 04°22'51" WEST 386.81 FEET A SET 1/2" IRON ROD
424	422		WITH PLASTIC CAP STAMPED "CARTER" AT THE NORTHEAST CORNER OF SAID
425	423		LOT 3, FOR A CORNER OF THIS TRACT.
426	424		THENCE ALONG THE ARC OF THE CUL-DE-SAC OF SAID RIDGELINE
427	425		COURT TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, AN ARC LENGTH OF
428	426		314.16 FEET, AND WHOSE CHORD BEARS NORTH 08°29'51" WEST 60.00 FEET A
429	427		SET 1/2" IRON ROD WITH PLASTIC CAP STAMPED "CARTER", AT THE
430	428		SOUTHEAST CORNER OF LOT 4, CRESSON ONE SOUTH, FOR A CORNER OF THIS
431	429		TRACT.
432	430		THENCE ALONG THE EAST & NORTH LINES OF SAID LOT 4 AS FOLLOWS:
433	431		NORTH 09°06'22" WEST 303.24 FEET TO A POINT;
434	432		NORTH 38°16'02" WEST 27.52 FEET TO A POINT;
435	433		NORTH 71°12'24" WEST 54.54 FEET TO A POINT;
436	434		SOUTH 80°49'06" WEST 94.24 FEET TO A POINT;
437	435		SOUTH 53°38'42" WEST 47.58 FEET TO A POINT;
438	436		SOUTH 24°58'13" WEST 93.12 FEET TO A POINT;
439	437		SOUTH 02°42'43" WEST 163.32 FEET TO A POINT;
440	438		SOUTH 59°23'04" WEST 201.82 FEET A SET 1/2" IRON ROD WITH
441	439		PLASTIC CAP STAMPED "CARTER" AT THE NORTHWEST CORNER OF SAID LOT 4,
442	440		FOR THE SOUTHWEST CORNER OF THIS TRACT.
443	441		THENCE NORTH 30°36'56" WEST 1319.90 FEET TO THE POINT OF
444	442		BEGINNING. [10.16 ACRES WITHIN ROADWAY & RESERVES]
445	443		SECTION 3. (a) The legal notice of the intention to
446	444		introduce this Act, setting forth the general substance of this
447	445		Act, has been published as provided by law, and the notice and a
448	446		copy of this Act have been furnished to all persons, agencies,
449	447		officials, or entities to which they are required to be furnished
450	448		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
451	449		Government Code.
452	450		(b) The governor, one of the required recipients, has
453	451		submitted the notice and Act to the Texas Commission on
454	452		Environmental Quality.
455	453		(c) The Texas Commission on Environmental Quality has filed
456	454		its recommendations relating to this Act with the governor, the
457	455		lieutenant governor, and the speaker of the house of
458	456		representatives within the required time.
459	457		(d) All requirements of the constitution and laws of this
460	458		state and the rules and procedures of the legislature with respect
461	459		to the notice, introduction, and passage of this Act are fulfilled
462	460		and accomplished.
463	461		SECTION 4. (a) If this Act does not receive a two-thirds
464	462		vote of all the members elected to each house, Subchapter C, Chapter
465	463		7975, Special District Local Laws Code, as added by Section 1 of
466	464		this Act, is amended by adding Section 7975.108 to read as follows:
467	465		Sec. 7975.108. NO EMINENT DOMAIN POWER. The district may
468	466		not exercise the power of eminent domain.
469	467		(b) This section is not intended to be an expression of a
470	468		legislative interpretation of the requirements of Section 17(c),
471	469		Article I, Texas Constitution.
472	470		SECTION 5. This Act takes effect September 1, 2017.
	471	+	______________________________ ______________________________
	472	+	President of the Senate Speaker of the House
	473	+	I hereby certify that S.B. No. 904 passed the Senate on
	474	+	May 10, 2017, by the following vote: Yeas 29, Nays 1.
	475	+	______________________________
	476	+	Secretary of the Senate
	477	+	I hereby certify that S.B. No. 904 passed the House on
	478	+	May 19, 2017, by the following vote: Yeas 139, Nays 5, two
	479	+	present not voting.
	480	+	______________________________
	481	+	Chief Clerk of the House
	482	+	Approved:
	483	+	______________________________
	484	+	Date
	485	+	______________________________
	486	+	Governor