H.B. No. 4689
AN ACT
relating to the creation of the Round Rock Municipal Utility
District No. 1; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8094 to read as follows:
CHAPTER 8094. ROUND ROCK MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8094.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Round Rock Municipal Utility
District No. 1.
Sec. 8094.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8094.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8094.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8094.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8094.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8094.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8094.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8094.0202, directors
serve staggered four-year terms.
Sec. 8094.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Mitch Schwartz;
(2) Tim Agee;
(3) Dwain Halm;
(4) Moses Kim; and
(5) Steve Tucker.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8094.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8094.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8094.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8094.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8094.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8094.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8094.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8094.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8094.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8094.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8094.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8094.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8094.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8094.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8094.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8094.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Round Rock Municipal Utility District No. 1
initially includes all the territory contained in the following
area:
TRACT A-1
BEING ALL OF THAT CERTAIN 64.513 ACRE TRACT OF LAND OUT OF AND
PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED IN
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS BEING
ALL OF TRACT A: TRACT I, THAT CERTAIN 64.508 ACRE TRACT OF LAND
CONVEYED TO CREEK BEND LAND HOLDINGS, LLC RECORDED IN DOCUMENT
NUMBER 2009047398, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY,
TEXAS (O.P.R.W.C.TX.), SAID 64.513 ACRE TRACT OF LAND, BEING MORE
FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING, at a 1/2" iron rod found for the northwestern
corner of that certain remainder of 196.96 acre tract of land
conveyed to Stephen Pritchard Trust and Nancy K.P. Ohlendorf Family
Trust in Volume 1980, Page 972, Deed Records, Williamson County,
Texas (D.R.W.C.TX.), also being the southwestern corner of that
certain remainder of 104.6 acre tract of land conveyed to Michael
and Nancy Ohlendorf recorded in Document Number 2011085212
(O.P.R.W.C.TX.), and also being in the eastern right-of-way line of
County Road 110 (R.O.W. varies),
THENCE, with the common boundary line of said remainder of
196.96 acre tract and said County Road, S21°29'00"E, a distance of
210.29 feet to a point for the northwestern corner and the POINT OF
BEGINNING of the herein described tract,
THENCE, with the common boundary line of said 64.504 acre
tract and said remainder of 196.96 acre tract, the following seven
(7) courses and distances, numbered 1 through 7,
1. N68°00'19"E, passing at a distance of 0.30 feet, a
1/2" iron rod found, continuing for a total of 696.23 feet to a
point,
2. N09°35'20"W, a distance of 95.12 feet to a 1/2" iron
rod found,
3. N81°24'19"E, a distance of 329.97 feet to a 1/2"
iron rod found,
4. S02°42'11"E, a distance of 17.58 feet to a 1/2" iron
rod found,
5. N68°02'31"E, a distance of 1429.27 feet to a 1/2"
iron rod found for the northeastern corner of said 64.504 acre
tract,
6. S22°04'24"E, a distance of 1099.73 feet to a 1/2"
iron rod found at a fence corner, and
7. S66°33'19"W, a distance of 2773.39 feet to a point
for the southwestern corner of said 64.508 acre tract, also being in
the eastern right-of-way line of said County, Road 110,
THENCE, with the common boundary line of said 64.508 acre
tract and said County Road 110, the following two (2) courses and
distances, Numbered 1 and 2,
1. N21°30'28"W, a distance of 953.75 feet to a 1/2"
iron rod found,
2. N21°29'00"W, a distance of 209.69 feet to the POINT
OF BEGINNING and containing 64.513 acres of land.
TRACT A-2
BEING ALL OF THAT CERTAIN 55.176 ACRE TRACT OF LAND OUT OF AND
PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED IN
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS BEING
A PORTION OF TRACT A: TRACT II, THAT CERTAIN REMAINDER OF 55.34 ACRE
TRACT OF LAND CONVEYED TO LONE MOUNTAIN PROPERTIES, LLC RECORDED IN
DOCUMENT NUMBER 2009005145, OFFICIAL PUBLIC RECORDS OF WILLIAMSON
COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 55.176 ACRE TRACT OF LAND,
BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
TRACT 1:
BEGINNING, at a 1/2" iron rod found for the most northerly
northwestern corner of said remainder of 55.34 acre tract, also
being the northeastern corner of that certain remainder of 34.70
acre tract of land (Tract 1) conveyed to Henry Development, LTD,
recorded in Document Number 2004089842 (O.P.R.W.C.TX.), and also
being at a point of curvature for a curve to the left in the southern
right-of-way line of University Boulevard (200' R.O.W.), and the
POINT OF BEGINNING for the herein described tract,
THENCE, with the common boundary line of said remainder of
55.35 acre tract and said University Boulevard, the following two
(2) courses and distances, numbered 1 and 2,
1. With said curve to the left, having a radius of
8563.00 feet, an arc length of 450.41 FEET, and whose chord bears
N70°08'55"E, a distance of 450.36 feet to a capped iron rod found
stamped "J S COALTER", and
2. N68°38'27"E, a distance of 1514.12 feet to a 5/8"
iron rod found, being the northeastern corner of said remainder of
55.34 acre tract, also being the northwestern corner of that
certain remainder of 60 acre tract of land conveyed to Audell Payne
in Volume 456, Page 486, Deed Records, Williamson County, Texas,
THENCE, with the common boundary line of said remainder of
55.34 acre tract and said remainder of 60 acre tract, the following
two (2) courses and distances, Numbered 1 and 2,
1. S21°47'47"E, a distance of 903.92 feet to a 3/8"
iron rod found, and
2. N63°45'30"E, a distance of 87.68 feet to a 3/8" iron
rod found, being an exterior corner in the eastern boundary line of
said remainder of 55.34, also being the northwest corner of that
certain 75 acre tract of land conveyed to Veterans Land Board
recorded in Volume 781, Page 247, Deed Records Williamson County,
Texas,
THENCE, with the common boundary line of said remainder of
55.34 acre tract and said 75 acre tract, S21°35'40"E, a distance of
268.79 feet to a 1/2" iron rod found, being the southeastern corner
of said remainder of 55.34 acre tract, also being the northeastern
corner of that certain remainder of 104.6 acre tract conveyed to
Michael and Nancy Ohlendorf recorded in Document Number 2011085212
(O.P.R.W.C.TX.),
THENCE, with the common boundary line of said remainder of
55.34 acre tract and said remainder of 104.6 acre tract,
S68°34'49"W, a distance of 2056.46 feet to a point, being the
southwestern corner of said remainder of 55.34 acre tract, also
being the southeastern corner of that certain 0.07 acre tract of
land (Tract II) conveyed to Henry Development, LTD. recorded in
Document Number 2017045283 (O.P.R.W.C.TX.),
THENCE, with said common boundary line of said remainder of
55.34 acre tract, said 0.07 acre (Tract II), that certain 0.18 acre
tract of land (Tract I) conveyed to Henry Development record in said
Document Number 2017045283, that certain 0.14 acre tract of land
conveyed to Henry Development, LTD. in Document Number 2017074516
(O.P.R.W.C.TX.), and said remainder of 34.70 acre tract (Tract 1),
the following four (4) courses and distances, numbered 1 through 4,
1. N21°27'32"W, a distance of 104.85 feet to a 1/2"
iron rod found,
2. N19°57'22"W, a distance of 30.33 feet to a 1/2" iron
rod found,
3. N22°42'01"W, a distance of 29.77 feet to a 1/2" iron
rod found, and
4. N21°32'01"W, a distance of 1014.31 feet to the POINT
OF BEGINNING and containing 53.237 acres of land.
TRACT 2:
BEGINNING, at a 1/2" iron rod found for the most westerly
northwestern corner of said remainder of 55.34 acre tract acre
tract, being in the eastern right-of-way line of County Road 110
(R.O.W. varies), and also being the southwestern corner of that
certain 2.07 acre tract of land conveyed (Tract 2) to Henry
Development, LTD. recorded in Document Number 2004089842
(O.P.R.W.C.TX.), and being the northwestern corner and the POINT OF
BEGINNING for the herein described tract,
THENCE, with the common boundary line of said remainder of
55.34 acre tract and said 2.07 acre tract, N68°32'30"E, passing at
2766.90 feet a capped iron rod found for the southwest corner of
that certain 0.14 acre tract of land conveyed to Henry Development
LTD. recorded in Document Number 2017074513 (O.P.R.W.C.TX.) and
continuing for a total distance of 2796.42 feet to a capped iron rod
found, being the southwest corner of that certain 0.18 acre tract of
land (Tract I) conveyed to Henry Development, LTD. and the
northwest corner of that certain 0.07 acre tract of land (Tract II)
both conveyed to Henry Development LTD. recorded in Document Number
2017045283 (O.P.R.W.C.TX.), and being a southeast corner of said
0.14 acre tract,.
THENCE, with the common boundary line of said remainder of
55.34 acre tract and said 0.07 acre tract, S21°20'56"E, a distance
of 30.40 feet to a point, being the southwestern corner of said 0.07
acre tract, also being in the northern boundary line of that certain
remainder of 104.6 acre tract conveyed to Michael and Nancy
Ohlendorf in Document Number 2011085212 (O.P.R.W.C.TX.),
THENCE, with the common boundary line of said remainder of
55.34 acre tract and said remainder of 104.6 acre tract,
S68°33'00"W, a distance of 2796.45 feet to a 1/2" iron rod found,
being the southwestern corner of said remainder of 55.34 acre
tract, also being the northwestern corner of said remainder of
104.6 acre tract, and also being in the eastern right-of-way line of
said County, Road 110,
THENCE, with the common boundary line of said remainder of
55.34 acre tract and said County, Road 110, N21°16'34"W, a distance
of 30.00 feet to the POINT OF BEGINNING and containing 1.939 acres
of land.
TRACT 1 - 53.237 ACRES
TRACT 2 - 1.939 ACRES
A-2 TOTAL - 55.176 ACRES
TRACT B-II
BEING ALL OF THAT CERTAIN 104.256 ACRE TRACT OF LAND OUT OF
AND PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED
IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS
BEING A PORTION OF TRACT B: TRACT II, THAT CERTAIN REMAINDER OF
104.6 ACRE TRACT OF LAND CONVEYED TO MICHAEL AND NANCY OHLENDORF
RECORDED IN DOCUMENT NUMBER 2011085212, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 104.256 ACRE TRACT
OF LAND, BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at a 1/2" iron rod found for the northwestern
corner of said remainder of 104.6 acre tract,, also being the
southwestern corner of that certain remainder of 55.34 acre tract
of land conveyed to Lone Mountain Properties, LLC, and also being in
the eastern right-of-way line, and also being the northwestern
corner and the POINT OF BEGINNING for the herein described tract,
THENCE, with the common boundary line of said remainder of
104.6 acre tract, said remainder of 55.34 acre tract, that certain
0.07 acre tract (Tract II) of land conveyed to Henry Development,
LTD. in Document Number 2017045283 (O.P.R.W.C.TX.), N68°34'04"E,
and that certain remainder of 55.34 acres of land conveyed to Lone
Mountain Properties, LLC. in Document Number 2009005145
(O.P.R.W.C.TX.), a distance of 4957.79 feet to a 1/2" iron rod
found, being the northeastern corner of said remainder of 104.6
acre tract, also being the southeastern corner of said remainder of
55.34 acre tract and also being in the western boundary line of that
certain 75.00 acre tract of land conveyed to Veterans Land Board in
Volume 781, Page 247, Deed Records, Williamson County, Texas,
THENCE, with the common boundary line of said 104.6 acre
tract and said 75.00 acre tract, S21°26'17"E, a distance of 913.49
feet to a 1/2" iron rod found, being the southeastern corner of the
herein described tract, also being the northeastern corner of that
certain remainder of 196.96 acre tract of land conveyed to Stephen
Pritchard Trust and Nancy K.P. Ohlendorf Family Trust in Volume
1980, Page 972 Deed Records, Williamson County, Texas,
THENCE, with the common boundary line of said remainder of
104.6 acre tract and said remainder of 196.96 acre tract,
S68°30'29"W, a distance of 4957.11 feet to a 1/2" iron rod found,
being the southwestern corner of said remainder of 104.6 acre
tract, also being the northwestern corner of said remainder of
196.96 acre tract, and also being in the eastern right-of-way line
of said County Road 110,
THENCE, with the common boundary line of said remainder of
104.6 acre tract and said County Road 110, the following two (2)
courses and distances, numbered 1 and 2,
1. N21°29'00"W, a distance of 909.64 feet to a 1/2"
iron rod found, and
2. N21°16'34"W, a distance of 9.02 feet to the POINT OF
BEGINNING and containing 104.256 acres of land.
TRACT B-III
BEING ALL OF THAT CERTAIN 132.423 ACRE TRACT OF LAND OUT OF
AND PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED
IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS
BEING ALL OF TRACT B: TRACT III, THAT CERTAIN REMAINDER OF 196.96
ACRE TRACT OF LAND CONVEYED TO STEPHEN PRITCHARD TRUST AND NANCY
K.P. OHLENDORF FAMILY TRUST RECORDED IN VOLUME 1980, PAGE 972, DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 132.423
ACRE TRACT OF LAND, BEING MORE FULLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING, at a 1/2" iron rod found for the northwestern
corner of said remainder of 196.96 acre tract, also being the
southwestern corner of that certain remainder of 104.6 acre tract
of land conveyed to Michael and Nancy Ohlendorf recorded in
Document Number 2011085212 (O.P.R.W.C.TX.), and also being in the
eastern right-of-way line of County Road 110 (R.O.W. varies), and
the POINT OF BEGINNING for the herein described tract,
THENCE, with the common boundary line of said remainder of
196.96 acre tract and said remainder of 104.6 acre tract,
N68°30'29"E, a distance of 4957.11 feet to a 1/2" iron rod found,
being the northeastern corner of said 196.96 acre tract, also being
the southeastern corner of said remainder of 104.6 acre tract, and
also being in the eastern boundary line of that certain 75.00 acre
tract of land conveyed to the Veterans Land Board in Volume 781,
Page 247, Deed Records, Williamson County, Texas,
THENCE, with the common boundary line of said remainder of
196.96 acre tract and said 75.00 acre tract, S21°30'03"E, a distance
of 1332.40 feet to a point, being the southeastern corner of said
remainder of 196.96 acre tract, also being the northeastern corner
of that certain 72.099 acre tract of land conveyed to Eleanor,
Jacob, and Dorothea Olson in Volume 595, Page 131, Deed Records,
Williamson County, Texas, and also being the southeastern corner of
the herein described tract,
THENCE, with the common boundary line of said remainder of
196.96 acre tract and said 72.099 acre tract, S68°30'08"W, a
distance of 1252.61 feet to a 1/2" iron rod found, being an angle
point in the southern boundary line of said remainder of 196.96 acre
tract, also being the northwest corner of said 72.099 acre tract,
and also being the northeast corner of that certain 22.31 acre tract
of land conveyed to SEDC Devco Inc. recorded in Document Number
2015089805 (O.P.R.W.C.TX.),
THENCE, with the common boundary line of said remainder of
196.96 acre tract and said 22.31 acre tract, the following two (2)
courses and distances, numbered 1 and 2,
1. S12°52'51"W, a distance of 17.02 feet to a 1/2" iron
rod found, and
2. S68°23'05"W, a distance of 1224.09 feet to a capped
iron rod found, being the northwest corner of said 22.31 acre tract,
also being an interior corner on the south line of said remainder of
196.96 acre tract,
THENCE, with the common boundary corner of said remainder of
196.96 acre tract and said 22.31 acre tract, S21°37'15"E, a distance
of 776.54 feet to a 1/2" iron rod found, being a southeast corner of
said remainder of 196.96 acre tract, also being the southwest
corner of said 22.31 acre tract, and also being the northeast corner
of the remainder of that certain 34.74 acre tract of land conveyed
to SEDC Devco Inc. recorded in Document Number 2015089800
(O.P.R.W.C.TX.), and also being the northeastern corner of that
certain 100 acre tract conveyed to Fred Liardon in Volume 131, Page
131, (D.R.W.C.TX.),
THENCE, with a south line of said remainder of 196.96 acre
tract and the north line of said 100 acre tract, S68°37'33"W, a
distance of 2472.34 feet to a 1/2" iron rod found, being the
southwest corner of said remainder of 196.96 acre tract, also being
the northwest corner of said remainder of 34.74 acre tract, also
being in the northern boundary line of said 100 acre tract, and also
being in the east right-of-way line of said County Road 110, from
which a 1/2" iron rod found for the southwest corner of said
remainder of 34.74 acre tract bears S21°20'42"E, a distance of
616.07 feet,
THENCE, with the common boundary line of said remainder of
196.96 acre tract and said County Road 110, N21°30'28"W, a distance
of 746.93 feet to a point, being the southwestern corner of that
certain 64.508 acre tract of land conveyed to Creek Bend Holdings,
LLC. in Document Number 2009047398 (O.P.R.W.C.TX.),
THENCE, with the common boundary line of said remainder of
196.96 acre tract and said 64.508 acre tract, the following seven
(7) courses and distances, numbered 1 through 7,
1. N66°33'19"E, a distance of 2473.39 feet to a 1/2"
iron rod found,
2. N22°04'24"W, a distance of 1099.73 feet to a 1/2"
iron rod found,
3. S68°02'31"W, a distance of 1429.27 feet to a 1/2"
iron rod found,
4. N02°42'11"W, a distance of 17.58 feet to a 1/2" iron
rod found,
5. S81°24'19"W, a distance of 329.97 feet to a 1/2"
iron rod found,
6. S09°35'20"E, a distance of 95.12 feet to a point,
and
7. S68°00'19"W, passing at 695.93 feet a 1/2" iron rod
found and continuing for a total distance of 696.23 feet to a point,
being the northwestern corner of said 64.528 acre tract, also being
an exterior corner in the western boundary line of said remainder of
196.96 acre tract, and also being in the eastern right-of-way line
of said County, Road 110,
THENCE, with the common boundary line of said remainder of
196.96 acre tract and said County Road 110, N21°29'00"W, a distance
of 210.29 feet to the POINT OF BEGINNING and containing 132.423
acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8094, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8094.0306 to read as follows:
Sec. 8094.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4689 was passed by the House on May
10, 2019, by the following vote: Yeas 121, Nays 20, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4689 was passed by the Senate on May
22, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor