4 | 10 | | AN ACT |
---|
5 | 11 | | relating to the creation of the Montgomery County Municipal Utility |
---|
6 | 12 | | District No. 173; granting a limited power of eminent domain; |
---|
7 | 13 | | providing authority to issue bonds; providing authority to impose |
---|
8 | 14 | | assessments, fees, and taxes. |
---|
9 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 16 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
---|
11 | 17 | | Code, is amended by adding Chapter 8077 to read as follows: |
---|
12 | 18 | | CHAPTER 8077. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 173 |
---|
13 | 19 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
14 | 20 | | Sec. 8077.0101. DEFINITIONS. In this chapter: |
---|
15 | 21 | | (1) "Board" means the district's board of directors. |
---|
16 | 22 | | (2) "Commission" means the Texas Commission on |
---|
17 | 23 | | Environmental Quality. |
---|
18 | 24 | | (3) "Director" means a board member. |
---|
19 | 25 | | (4) "District" means the Montgomery County Municipal |
---|
20 | 26 | | Utility District No. 173. |
---|
21 | 27 | | Sec. 8077.0102. NATURE OF DISTRICT. The district is a |
---|
22 | 28 | | municipal utility district created under Section 59, Article XVI, |
---|
23 | 29 | | Texas Constitution. |
---|
24 | 30 | | Sec. 8077.0103. CONFIRMATION AND DIRECTOR ELECTION |
---|
25 | 31 | | REQUIRED. The temporary directors shall hold an election to |
---|
26 | 32 | | confirm the creation of the district and to elect five permanent |
---|
27 | 33 | | directors as provided by Section 49.102, Water Code. |
---|
28 | 34 | | Sec. 8077.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
29 | 35 | | temporary directors may not hold an election under Section |
---|
30 | 36 | | 8077.0103 until each municipality in whose corporate limits or |
---|
31 | 37 | | extraterritorial jurisdiction the district is located has |
---|
32 | 38 | | consented by ordinance or resolution to the creation of the |
---|
33 | 39 | | district and to the inclusion of land in the district. |
---|
34 | 40 | | Sec. 8077.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
---|
35 | 41 | | (a) The district is created to serve a public purpose and benefit. |
---|
36 | 42 | | (b) The district is created to accomplish the purposes of: |
---|
37 | 43 | | (1) a municipal utility district as provided by |
---|
38 | 44 | | general law and Section 59, Article XVI, Texas Constitution; and |
---|
39 | 45 | | (2) Section 52, Article III, Texas Constitution, that |
---|
40 | 46 | | relate to the construction, acquisition, improvement, operation, |
---|
41 | 47 | | or maintenance of macadamized, graveled, or paved roads, or |
---|
42 | 48 | | improvements, including storm drainage, in aid of those roads. |
---|
43 | 49 | | Sec. 8077.0106. INITIAL DISTRICT TERRITORY. (a) The |
---|
44 | 50 | | district is initially composed of the territory described by |
---|
45 | 51 | | Section 2 of the Act enacting this chapter. |
---|
46 | 52 | | (b) The boundaries and field notes contained in Section 2 of |
---|
47 | 53 | | the Act enacting this chapter form a closure. A mistake made in the |
---|
48 | 54 | | field notes or in copying the field notes in the legislative process |
---|
49 | 55 | | does not affect the district's: |
---|
50 | 56 | | (1) organization, existence, or validity; |
---|
51 | 57 | | (2) right to issue any type of bond for the purposes |
---|
52 | 58 | | for which the district is created or to pay the principal of and |
---|
53 | 59 | | interest on a bond; |
---|
54 | 60 | | (3) right to impose a tax; or |
---|
55 | 61 | | (4) legality or operation. |
---|
56 | 62 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
57 | 63 | | Sec. 8077.0201. GOVERNING BODY; TERMS. (a) The district is |
---|
58 | 64 | | governed by a board of five elected directors. |
---|
59 | 65 | | (b) Except as provided by Section 8077.0202, directors |
---|
60 | 66 | | serve staggered four-year terms. |
---|
61 | 67 | | Sec. 8077.0202. TEMPORARY DIRECTORS. (a) The temporary |
---|
62 | 68 | | board consists of: |
---|
63 | 69 | | (1) Will Holstein; |
---|
64 | 70 | | (2) Adam Flaaten; |
---|
65 | 71 | | (3) Juan Galvan; |
---|
66 | 72 | | (4) Lisa Nickel; and |
---|
67 | 73 | | (5) Justin Hausman. |
---|
68 | 74 | | (b) Temporary directors serve until the earlier of: |
---|
69 | 75 | | (1) the date permanent directors are elected under |
---|
70 | 76 | | Section 8077.0103; or |
---|
71 | 77 | | (2) the fourth anniversary of the effective date of |
---|
72 | 78 | | the Act enacting this chapter. |
---|
73 | 79 | | (c) If permanent directors have not been elected under |
---|
74 | 80 | | Section 8077.0103 and the terms of the temporary directors have |
---|
75 | 81 | | expired, successor temporary directors shall be appointed or |
---|
76 | 82 | | reappointed as provided by Subsection (d) to serve terms that |
---|
77 | 83 | | expire on the earlier of: |
---|
78 | 84 | | (1) the date permanent directors are elected under |
---|
79 | 85 | | Section 8077.0103; or |
---|
80 | 86 | | (2) the fourth anniversary of the date of the |
---|
81 | 87 | | appointment or reappointment. |
---|
82 | 88 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
83 | 89 | | majority of the assessed value of the real property in the district |
---|
84 | 90 | | may submit a petition to the commission requesting that the |
---|
85 | 91 | | commission appoint as successor temporary directors the five |
---|
86 | 92 | | persons named in the petition. The commission shall appoint as |
---|
87 | 93 | | successor temporary directors the five persons named in the |
---|
88 | 94 | | petition. |
---|
89 | 95 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
90 | 96 | | Sec. 8077.0301. GENERAL POWERS AND DUTIES. The district |
---|
91 | 97 | | has the powers and duties necessary to accomplish the purposes for |
---|
92 | 98 | | which the district is created. |
---|
93 | 99 | | Sec. 8077.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
94 | 100 | | DUTIES. The district has the powers and duties provided by the |
---|
95 | 101 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
96 | 102 | | applicable to municipal utility districts created under Section 59, |
---|
97 | 103 | | Article XVI, Texas Constitution. |
---|
98 | 104 | | Sec. 8077.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
---|
99 | 105 | | 52, Article III, Texas Constitution, the district may design, |
---|
100 | 106 | | acquire, construct, finance, issue bonds for, improve, operate, |
---|
101 | 107 | | maintain, and convey to this state, a county, or a municipality for |
---|
102 | 108 | | operation and maintenance macadamized, graveled, or paved roads, or |
---|
103 | 109 | | improvements, including storm drainage, in aid of those roads. |
---|
104 | 110 | | Sec. 8077.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
---|
105 | 111 | | road project must meet all applicable construction standards, |
---|
106 | 112 | | zoning and subdivision requirements, and regulations of each |
---|
107 | 113 | | municipality in whose corporate limits or extraterritorial |
---|
108 | 114 | | jurisdiction the road project is located. |
---|
109 | 115 | | (b) If a road project is not located in the corporate limits |
---|
110 | 116 | | or extraterritorial jurisdiction of a municipality, the road |
---|
111 | 117 | | project must meet all applicable construction standards, |
---|
112 | 118 | | subdivision requirements, and regulations of each county in which |
---|
113 | 119 | | the road project is located. |
---|
114 | 120 | | (c) If the state will maintain and operate the road, the |
---|
115 | 121 | | Texas Transportation Commission must approve the plans and |
---|
116 | 122 | | specifications of the road project. |
---|
117 | 123 | | Sec. 8077.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
---|
118 | 124 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
---|
119 | 125 | | applicable requirements of any ordinance or resolution that is |
---|
120 | 126 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
---|
121 | 127 | | consents to the creation of the district or to the inclusion of land |
---|
122 | 128 | | in the district. |
---|
123 | 129 | | Sec. 8077.0306. DIVISION OF DISTRICT. (a) The district may |
---|
124 | 130 | | be divided into two or more new districts only if the district: |
---|
125 | 131 | | (1) has no outstanding bonded debt; and |
---|
126 | 132 | | (2) is not imposing ad valorem taxes. |
---|
127 | 133 | | (b) This chapter applies to any new district created by the |
---|
128 | 134 | | division of the district, and a new district has all the powers and |
---|
129 | 135 | | duties of the district. |
---|
130 | 136 | | (c) Any new district created by the division of the district |
---|
131 | 137 | | may, at the time the new district is created, contain only: |
---|
132 | 138 | | (1) land within the area described by Section 2 of the |
---|
133 | 139 | | Act enacting this chapter; or |
---|
134 | 140 | | (2) any land adjacent to the area described by Section |
---|
135 | 141 | | 2 of the Act enacting this chapter if that adjacent land is: |
---|
136 | 142 | | (A) not within the extraterritorial jurisdiction |
---|
137 | 143 | | of a city; or |
---|
138 | 144 | | (B) within the extraterritorial jurisdiction of |
---|
139 | 145 | | a city and that adjacent land has been approved for inclusion in the |
---|
140 | 146 | | district under the consent ordinance or resolution adopted by a |
---|
141 | 147 | | city under Section 8077.0104. |
---|
142 | 148 | | (d) The board, on its own motion or on receipt of a petition |
---|
143 | 149 | | signed by the owner or owners of a majority of the assessed value of |
---|
144 | 150 | | the real property in the district, may adopt an order dividing the |
---|
145 | 151 | | district. |
---|
146 | 152 | | (e) The board may adopt an order dividing the district |
---|
147 | 153 | | before or after the date the board holds an election under Section |
---|
148 | 154 | | 8077.0103 to confirm the district's creation. |
---|
149 | 155 | | (f) An order dividing the district must: |
---|
150 | 156 | | (1) name each new district; |
---|
151 | 157 | | (2) include the metes and bounds description of the |
---|
152 | 158 | | territory of each new district; |
---|
153 | 159 | | (3) appoint temporary directors for each new district; |
---|
154 | 160 | | and |
---|
155 | 161 | | (4) provide for the division of assets and liabilities |
---|
156 | 162 | | between or among the new districts. |
---|
157 | 163 | | (g) On or before the 30th day after the date of adoption of |
---|
158 | 164 | | an order dividing the district, the district shall file the order |
---|
159 | 165 | | with the Texas Commission on Environmental Quality and record the |
---|
160 | 166 | | order in the real property records of each county in which the |
---|
161 | 167 | | district is located. |
---|
162 | 168 | | (h) Any new district created by the division of the district |
---|
163 | 169 | | shall hold a confirmation and directors' election as required by |
---|
164 | 170 | | Section 8077.0103. |
---|
165 | 171 | | (i) Municipal consent by a city is not required for the |
---|
166 | 172 | | creation of any new district created under this section. |
---|
167 | 173 | | (j) Any new district created by the division of the district |
---|
168 | 174 | | must hold an election as required by this chapter to obtain voter |
---|
169 | 175 | | approval before the district may impose a maintenance tax or issue |
---|
170 | 176 | | bonds payable wholly or partly from ad valorem taxes. |
---|
171 | 177 | | (k) If the voters of a new district do not confirm the |
---|
172 | 178 | | creation of the new district, the assets, obligations, territory, |
---|
173 | 179 | | and governance of the new district revert to that of the original |
---|
174 | 180 | | district. |
---|
175 | 181 | | Sec. 8077.0307. LIMITATION ON USE OF EMINENT DOMAIN. The |
---|
176 | 182 | | district may not exercise the power of eminent domain outside the |
---|
177 | 183 | | district boundaries to acquire a site or easement for: |
---|
178 | 184 | | (1) a recreational facility, as defined by Section |
---|
179 | 185 | | 49.462, Water Code; or |
---|
180 | 186 | | (2) a road project authorized by Section 8077.0303. |
---|
181 | 187 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
182 | 188 | | Sec. 8077.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
---|
183 | 189 | | The district may issue, without an election, bonds and other |
---|
184 | 190 | | obligations secured by: |
---|
185 | 191 | | (1) revenue other than ad valorem taxes; or |
---|
186 | 192 | | (2) contract payments described by Section 8077.0403. |
---|
187 | 193 | | (b) The district must hold an election in the manner |
---|
188 | 194 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
189 | 195 | | before the district may impose an ad valorem tax or issue bonds |
---|
190 | 196 | | payable from ad valorem taxes. |
---|
191 | 197 | | (c) The district may not issue bonds payable from ad valorem |
---|
192 | 198 | | taxes to finance a road project unless the issuance is approved by a |
---|
193 | 199 | | vote of a two-thirds majority of the district voters voting at an |
---|
194 | 200 | | election held for that purpose. |
---|
195 | 201 | | Sec. 8077.0402. OPERATION AND MAINTENANCE TAX. (a) If |
---|
196 | 202 | | authorized at an election held under Section 8077.0401, the |
---|
197 | 203 | | district may impose an operation and maintenance tax on taxable |
---|
198 | 204 | | property in the district in accordance with Section 49.107, Water |
---|
199 | 205 | | Code. |
---|
200 | 206 | | (b) The board shall determine the tax rate. The rate may not |
---|
201 | 207 | | exceed the rate approved at the election. |
---|
202 | 208 | | Sec. 8077.0403. CONTRACT TAXES. (a) In accordance with |
---|
203 | 209 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
204 | 210 | | an operation and maintenance tax and use the revenue derived from |
---|
205 | 211 | | the tax to make payments under a contract after the provisions of |
---|
206 | 212 | | the contract have been approved by a majority of the district voters |
---|
207 | 213 | | voting at an election held for that purpose. |
---|
208 | 214 | | (b) A contract approved by the district voters may contain a |
---|
209 | 215 | | provision stating that the contract may be modified or amended by |
---|
210 | 216 | | the board without further voter approval. |
---|
211 | 217 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
212 | 218 | | Sec. 8077.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
213 | 219 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
214 | 220 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
215 | 221 | | revenue, contract payments, grants, or other district money, or any |
---|
216 | 222 | | combination of those sources, to pay for any authorized district |
---|
217 | 223 | | purpose. |
---|
218 | 224 | | Sec. 8077.0502. TAXES FOR BONDS. At the time the district |
---|
219 | 225 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
220 | 226 | | board shall provide for the annual imposition of a continuing |
---|
221 | 227 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
222 | 228 | | or part of the bonds are outstanding as required and in the manner |
---|
223 | 229 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
224 | 230 | | Sec. 8077.0503. BONDS FOR ROAD PROJECTS. At the time of |
---|
225 | 231 | | issuance, the total principal amount of bonds or other obligations |
---|
226 | 232 | | issued or incurred to finance road projects and payable from ad |
---|
227 | 233 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
228 | 234 | | real property in the district. |
---|
229 | 235 | | SECTION 2. The Montgomery County Municipal Utility District |
---|
230 | 236 | | No. 173 initially includes all the territory contained in the |
---|
231 | 237 | | following area: |
---|
232 | 238 | | A METES & BOUNDS description of a certain 170.1 acre (7,411,386 |
---|
233 | 239 | | square feet) tract of land situated in the Joseph Lindley Survey, |
---|
234 | 240 | | Abstract No. 25 in Montgomery County, Texas, being all of a called |
---|
235 | 241 | | 169.059 acre tract conveyed to Ranch Hill Texas, LLC by Special |
---|
236 | 242 | | Warranty Deed recorded in Clerk's File No. 2018049384, Montgomery |
---|
237 | 243 | | County Official Public Records of Real Property; said 170.1 acre |
---|
238 | 244 | | (7,411,386 square feet) tract of land being more particularly |
---|
239 | 245 | | described as follows with all bearings being based on the Texas |
---|
240 | 246 | | Coordinate System, Central Zone, NAD 83: |
---|
241 | 247 | | BEGINNING at a 1/2-inch iron rod found being the southwest corner of |
---|
242 | 248 | | a called 10.00 acre tract conveyed to Robert W. Bucher by Warranty |
---|
243 | 249 | | Deed recorded in Clerk's File No. 2002016103, Montgomery County |
---|
244 | 250 | | Official Public Records of Real Property, being in the north |
---|
245 | 251 | | right-of-way of Calvary Road (based on a width of 80 feet), and |
---|
246 | 252 | | being the southeast corner of said 169.059 acre tract and the herein |
---|
247 | 253 | | described tract; |
---|
248 | 254 | | THENCE, North 77°24'58" West, 1,673.57 feet to a 1/2-inch iron pipe |
---|
249 | 255 | | found being in the north right-of-way of said Calvary Road and being |
---|
250 | 256 | | an angle point of the herein described tract; |
---|
251 | 257 | | THENCE, North 77°03'14" West, 1,096.54 feet to a point for corner |
---|
252 | 258 | | being in the north right-of-way of said Calvary Road, being the |
---|
253 | 259 | | southeast corner of a called 4.9839 acre tract conveyed to Clyde and |
---|
254 | 260 | | Sharon Scruggs by Warranty Deed recorded in Clerk's File |
---|
255 | 261 | | No. 8507804, Montgomery County Official Public Records of Real |
---|
256 | 262 | | Property, being in the centerline of a creek, and being the |
---|
257 | 263 | | southwest corner of the herein described tract; |
---|
258 | 264 | | THENCE, along the centerline of said creek the following |
---|
259 | 265 | | seventy-three (73) courses and distances: |
---|
260 | 266 | | 1. North 16°00'53" East, 51.75 feet to a point for corner; |
---|
261 | 267 | | 2. North 76°46'26" East, 69.85 feet to a point for corner; |
---|
262 | 268 | | 3. North 78°52'59" East, 48.13 feet to a point for corner; |
---|
263 | 269 | | 4. North 51°38'11" East, 50.85 feet to a point for corner; |
---|
264 | 270 | | 5. North 11°33'41" East, 37.07 feet to a point for corner; |
---|
265 | 271 | | 6. North 52°12'40" East, 28.54 feet to a point for corner; |
---|
266 | 272 | | 7. North 51°50'02" West, 24.97 feet to a point for corner; |
---|
267 | 273 | | 8. North 88°11'32" East, 35.50 feet to a point for corner; |
---|
268 | 274 | | 9. North 29°32'26" East, 110.78 feet to a point for corner; |
---|
269 | 275 | | 10. North 75°15'58" East, 68.34 feet to a point for corner; |
---|
270 | 276 | | 11. South 51°48'30" East, 50.53 feet to a point for corner; |
---|
271 | 277 | | 12. North 79°13'23" East, 40.81 feet to a point for corner; |
---|
272 | 278 | | 13. North 04°40'00" West, 136.22 feet to a point for corner; |
---|
273 | 279 | | 14. North 32°07'37" East, 60.12 feet to a point for corner; |
---|
274 | 280 | | 15. North 46°36'30" East, 57.30 feet to a point for corner; |
---|
275 | 281 | | 16. North 21°11'07" West, 54.47 feet to a point for corner; |
---|
276 | 282 | | 17. North 02°52'33" East, 76.04 feet to a point for corner; |
---|
277 | 283 | | 18. North 30°36'40" East, 45.00 feet to a point for corner; |
---|
278 | 284 | | 19. South 46°17'54" East, 52.83 feet to a point for corner; |
---|
279 | 285 | | 20. North 67°43'12" East, 31.12 feet to a point for corner; |
---|
280 | 286 | | 21. North 27°10'54" East, 22.94 feet to a point for corner; |
---|
281 | 287 | | 22. North 76°09'31" East, 96.44 feet to a point for corner; |
---|
282 | 288 | | 23. North 18°14'48" East, 65.58 feet to a point for corner; |
---|
283 | 289 | | 24. North 75°18'54" East, 80.12 feet to a point for corner; |
---|
284 | 290 | | 25. North 17°19'16" East, 64.17 feet to a point for corner; |
---|
285 | 291 | | 26. North 31°12'56" East, 40.21 feet to a point for corner; |
---|
286 | 292 | | 27. South 56°34'55" East, 74.19 feet to a point for corner; |
---|
287 | 293 | | 28. North 58°03'36" East, 43.72 feet to a point for corner; |
---|
288 | 294 | | 29. North 15°16'42" East, 34.96 feet to a point for corner; |
---|
289 | 295 | | 30. North 26°46'27" West, 101.00 feet to a point for corner; |
---|
290 | 296 | | 31. North 77°07'08" West, 45.13 feet to a point for corner; |
---|
291 | 297 | | 32. South 23°52'02" West, 33.69 feet to a point for corner; |
---|
292 | 298 | | 33. North 34°55'39" West, 30.58 feet to a point for corner; |
---|
293 | 299 | | 34. North 04°43'54" East, 139.56 feet to a point for corner; |
---|
294 | 300 | | 35. North 49°52'03" East, 80.12 feet to a point for corner; |
---|
295 | 301 | | 36. North 36°59'46" West, 32.71 feet to a point for corner; |
---|
296 | 302 | | 37. South 83°09'49" West, 89.05 feet to a point for corner; |
---|
297 | 303 | | 38. North 01°08'58" West, 51.10 feet to a point for corner; |
---|
298 | 304 | | 39. South 89°33'42" East, 70.61 feet to a point for corner; |
---|
299 | 305 | | 40. North 18°08'04" West, 82.98 feet to a point for corner; |
---|
300 | 306 | | 41. North 65°47'07" East, 72.32 feet to a point for corner; |
---|
301 | 307 | | 42. North 21°45'28" West, 108.76 feet to a point for corner; |
---|
302 | 308 | | 43. North 46°54'26" West, 27.86 feet to a point for corner; |
---|
303 | 309 | | 44. South 36°24'46" West, 124.21 feet to a point for corner; |
---|
304 | 310 | | 45. South 68°31'55" West, 89.46 feet to a point for corner; |
---|
305 | 311 | | 46. North 30°02'30" West, 27.92 feet to a point for corner; |
---|
306 | 312 | | 47. North 28°45'23" East, 259.17 feet to a point for corner; |
---|
307 | 313 | | 48. North 87°35'41" West, 34.55 feet to a point for corner; |
---|
308 | 314 | | 49. North 06°02'38" West, 64.31 feet to a point for corner; |
---|
309 | 315 | | 50. North 25°43'30" East, 160.41 feet to a point for corner; |
---|
310 | 316 | | 51. North 59°50'48" East, 35.64 feet to a point for corner; |
---|
311 | 317 | | 52. South 66°51'12" East, 139.24 feet to a point for corner; |
---|
312 | 318 | | 53. North 08°39'49" West, 81.92 feet to a point for corner; |
---|
313 | 319 | | 54. North 37°22'23" East, 22.36 feet to a point for corner; |
---|
314 | 320 | | 55. North 84°25'14" East, 89.59 feet to a point for corner; |
---|
315 | 321 | | 56. North 62°53'36" East, 76.60 feet to a point for corner; |
---|
316 | 322 | | 57. North 38°15'50" East, 91.56 feet to a point for corner; |
---|
317 | 323 | | 58. North 18°02'10" West, 49.23 feet to a point for corner; |
---|
318 | 324 | | 59. South 79°22'47" West, 69.62 feet to a point for corner; |
---|
319 | 325 | | 60. North 33°01'08" West, 74.41 feet to a point for corner; |
---|
320 | 326 | | 61. North 08°50'51" East, 48.23 feet to a point for corner; |
---|
321 | 327 | | 62. North 51°01'41" East, 112.70 feet to a point for corner; |
---|
322 | 328 | | 63. North 11°32'20" West, 26.25 feet to a point for corner; |
---|
323 | 329 | | 64. North 75°58'54" West, 40.13 feet to a point for corner; |
---|
324 | 330 | | 65. North 17°13'17" West, 48.25 feet to a point for corner; |
---|
325 | 331 | | 66. North 35°42'48" East, 50.95 feet to a point for corner; |
---|
326 | 332 | | 67. South 84°04'38" East, 35.18 feet to a point for corner; |
---|
327 | 333 | | 68. South 05°17'32" East, 59.68 feet to a point for corner; |
---|
328 | 334 | | 69. North 47°45'11" East, 63.33 feet to a point for corner; |
---|
329 | 335 | | 70. North 09°16'24" West, 123.17 feet to a point for corner; |
---|
330 | 336 | | 71. South 86°42'10" West, 77.72 feet to a point for corner; |
---|
331 | 337 | | 72. North 52°41'46" West, 47.11 feet to a point for corner; |
---|
332 | 338 | | 73. North 36°16'41" East, 233.03 feet to a point for corner being |
---|
333 | 339 | | the northeast corner of called Lot 1 conveyed to Adrian and Daniela |
---|
334 | 340 | | Gianina Rotaru by Warranty Deed with Vendor's Lien recorded in |
---|
335 | 341 | | Clerk's File No. 2017053987, Montgomery County Official Public |
---|
336 | 342 | | Records of Real Property, being the southeast corner of called |
---|
337 | 343 | | Tract 3 (Lot 35) conveyed to Bruce W. Tubbs and Maria Caughman by |
---|
338 | 344 | | Warranty Deed with Vendor's Lien recorded in Clerk's File |
---|
339 | 345 | | No. 2016082401, Montgomery County Official Public Records of Real |
---|
340 | 346 | | Property, being the most westerly corner of a called 443.135 acre |
---|
341 | 347 | | tract conveyed to CC Shepard Hill 443, L.P. by Special Warranty Deed |
---|
342 | 348 | | with Vendor's Lien recorded in Clerk's File No. 2018025658, |
---|
343 | 349 | | Montgomery County Official Public Records of Real Property, and |
---|
344 | 350 | | being the northwest corner of the herein described tract; |
---|
345 | 351 | | THENCE, South 77°18'54" East, at 14.59 feet passing a 1/2-inch iron |
---|
346 | 352 | | rod found being in the south line of said called 443.135 acre tract, |
---|
347 | 353 | | continuing for a total distance of 2,410.63 feet to a 5/8-inch iron |
---|
348 | 354 | | rod with cap found being an interior angle point of said called |
---|
349 | 355 | | 443.135 acre tract and being the northeast corner of said 169.059 |
---|
350 | 356 | | acre tract and the herein described tract; |
---|
351 | 357 | | THENCE, South 03°58'29" West, 1,540.88 feet to a wooden fence post |
---|
352 | 358 | | found being the most southerly corner of said called 443.135 acre |
---|
353 | 359 | | tract, being the northwest corner of a called 131.172 acre tract |
---|
354 | 360 | | conveyed to Barton J. and Melissa Halbaedier by Warranty Deed with |
---|
355 | 361 | | Vendor's Lien recorded in Clerk's File No. 2004022169, Montgomery |
---|
356 | 362 | | County Official Public Records of Real Property, and being an angle |
---|
357 | 363 | | point of the herein described tract; |
---|
358 | 364 | | THENCE, South 04°00'54" West, 730.23 feet to a wooden fence post |
---|
359 | 365 | | found being the southwest corner of said called 131.172 acre tract, |
---|
360 | 366 | | being in the north line of said called 10.00 acre tract and being an |
---|
361 | 367 | | angle point of the herein described tract; |
---|
362 | 368 | | THENCE, North 77°07'49" West, 578.00 feet to a 1/2-inch iron pipe |
---|
363 | 369 | | found being the northwest corner of said called 10.00 acre tract and |
---|
364 | 370 | | being an interior angle point of the herein described tract; |
---|
365 | 371 | | THENCE, South 11°31'45" West, 563.75 feet to the POINT OF BEGINNING, |
---|
366 | 372 | | CONTAINING 170.1 acres (7,411,386 square feet) of land in |
---|
367 | 373 | | Montgomery County, Texas filed in the office of Manhard Consulting, |
---|
368 | 374 | | Ltd. in The Woodlands, Texas. |
---|
369 | 375 | | SECTION 3. (a) The legal notice of the intention to |
---|
370 | 376 | | introduce this Act, setting forth the general substance of this |
---|
371 | 377 | | Act, has been published as provided by law, and the notice and a |
---|
372 | 378 | | copy of this Act have been furnished to all persons, agencies, |
---|
373 | 379 | | officials, or entities to which they are required to be furnished |
---|
374 | 380 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
375 | 381 | | Government Code. |
---|
376 | 382 | | (b) The governor, one of the required recipients, has |
---|
377 | 383 | | submitted the notice and Act to the Texas Commission on |
---|
378 | 384 | | Environmental Quality. |
---|
379 | 385 | | (c) The Texas Commission on Environmental Quality has filed |
---|
380 | 386 | | its recommendations relating to this Act with the governor, the |
---|
381 | 387 | | lieutenant governor, and the speaker of the house of |
---|
382 | 388 | | representatives within the required time. |
---|
383 | 389 | | (d) All requirements of the constitution and laws of this |
---|
384 | 390 | | state and the rules and procedures of the legislature with respect |
---|
385 | 391 | | to the notice, introduction, and passage of this Act are fulfilled |
---|
386 | 392 | | and accomplished. |
---|
387 | 393 | | SECTION 4. (a) Section 8077.0307, Special District Local |
---|
388 | 394 | | Laws Code, as added by Section 1 of this Act, takes effect only if |
---|
389 | 395 | | this Act receives a two-thirds vote of all the members elected to |
---|
390 | 396 | | each house. |
---|
391 | 397 | | (b) If this Act does not receive a two-thirds vote of all the |
---|
392 | 398 | | members elected to each house, Subchapter C, Chapter 8077, Special |
---|
393 | 399 | | District Local Laws Code, as added by Section 1 of this Act, is |
---|
394 | 400 | | amended by adding Section 8077.0307 to read as follows: |
---|
395 | 401 | | Sec. 8077.0307. NO EMINENT DOMAIN POWER. The district may |
---|
396 | 402 | | not exercise the power of eminent domain. |
---|
397 | 403 | | (c) This section is not intended to be an expression of a |
---|
398 | 404 | | legislative interpretation of the requirements of Section 17(c), |
---|
399 | 405 | | Article I, Texas Constitution. |
---|
400 | 406 | | SECTION 5. This Act takes effect immediately if it receives |
---|
401 | 407 | | a vote of two-thirds of all the members elected to each house, as |
---|
402 | 408 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
403 | 409 | | Act does not receive the vote necessary for immediate effect, this |
---|
404 | 410 | | Act takes effect September 1, 2019. |
---|