1 | 1 | | 86R9178 SLB-F |
---|
2 | 2 | | By: Kolkhorst S.B. No. 2473 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the creation of the Waller County Municipal Utility |
---|
8 | 8 | | District No. 34; granting a limited power of eminent domain; |
---|
9 | 9 | | providing authority to issue bonds; providing authority to impose |
---|
10 | 10 | | assessments, fees, and taxes. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
---|
13 | 13 | | Code, is amended by adding Chapter 8046 to read as follows: |
---|
14 | 14 | | CHAPTER 8046. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 34 |
---|
15 | 15 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
16 | 16 | | Sec. 8046.0101. DEFINITIONS. In this chapter: |
---|
17 | 17 | | (1) "Board" means the district's board of directors. |
---|
18 | 18 | | (2) "Commission" means the Texas Commission on |
---|
19 | 19 | | Environmental Quality. |
---|
20 | 20 | | (3) "Director" means a board member. |
---|
21 | 21 | | (4) "District" means the Waller County Municipal |
---|
22 | 22 | | Utility District No. 34. |
---|
23 | 23 | | Sec. 8046.0102. NATURE OF DISTRICT. The district is a |
---|
24 | 24 | | municipal utility district created under Section 59, Article XVI, |
---|
25 | 25 | | Texas Constitution. |
---|
26 | 26 | | Sec. 8046.0103. CONFIRMATION AND DIRECTOR ELECTION |
---|
27 | 27 | | REQUIRED. The temporary directors shall hold an election to |
---|
28 | 28 | | confirm the creation of the district and to elect five permanent |
---|
29 | 29 | | directors as provided by Section 49.102, Water Code. |
---|
30 | 30 | | Sec. 8046.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
31 | 31 | | temporary directors may not hold an election under Section |
---|
32 | 32 | | 8046.0103 until each municipality in whose corporate limits or |
---|
33 | 33 | | extraterritorial jurisdiction the district is located has |
---|
34 | 34 | | consented by ordinance or resolution to the creation of the |
---|
35 | 35 | | district and to the inclusion of land in the district. |
---|
36 | 36 | | Sec. 8046.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
---|
37 | 37 | | (a) The district is created to serve a public purpose and benefit. |
---|
38 | 38 | | (b) The district is created to accomplish the purposes of: |
---|
39 | 39 | | (1) a municipal utility district as provided by |
---|
40 | 40 | | general law and Section 59, Article XVI, Texas Constitution; and |
---|
41 | 41 | | (2) Section 52, Article III, Texas Constitution, that |
---|
42 | 42 | | relate to the construction, acquisition, improvement, operation, |
---|
43 | 43 | | or maintenance of macadamized, graveled, or paved roads, or |
---|
44 | 44 | | improvements, including storm drainage, in aid of those roads. |
---|
45 | 45 | | Sec. 8046.0106. INITIAL DISTRICT TERRITORY. (a) The |
---|
46 | 46 | | district is initially composed of the territory described by |
---|
47 | 47 | | Section 2 of the Act enacting this chapter. |
---|
48 | 48 | | (b) The boundaries and field notes contained in Section 2 of |
---|
49 | 49 | | the Act enacting this chapter form a closure. A mistake made in the |
---|
50 | 50 | | field notes or in copying the field notes in the legislative process |
---|
51 | 51 | | does not affect the district's: |
---|
52 | 52 | | (1) organization, existence, or validity; |
---|
53 | 53 | | (2) right to issue any type of bond for the purposes |
---|
54 | 54 | | for which the district is created or to pay the principal of and |
---|
55 | 55 | | interest on a bond; |
---|
56 | 56 | | (3) right to impose a tax; or |
---|
57 | 57 | | (4) legality or operation. |
---|
58 | 58 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
59 | 59 | | Sec. 8046.0201. GOVERNING BODY; TERMS. (a) The district is |
---|
60 | 60 | | governed by a board of five elected directors. |
---|
61 | 61 | | (b) Except as provided by Section 8046.0202, directors |
---|
62 | 62 | | serve staggered four-year terms. |
---|
63 | 63 | | Sec. 8046.0202. TEMPORARY DIRECTORS. (a) On or after the |
---|
64 | 64 | | effective date of the Act enacting this chapter, the owner or owners |
---|
65 | 65 | | of a majority of the assessed value of the real property in the |
---|
66 | 66 | | district may submit a petition to the commission requesting that |
---|
67 | 67 | | the commission appoint as temporary directors the five persons |
---|
68 | 68 | | named in the petition. The commission shall appoint as temporary |
---|
69 | 69 | | directors the five persons named in the petition. |
---|
70 | 70 | | (b) Temporary directors serve until the earlier of: |
---|
71 | 71 | | (1) the date permanent directors are elected under |
---|
72 | 72 | | Section 8046.0103; or |
---|
73 | 73 | | (2) the fourth anniversary of the effective date of |
---|
74 | 74 | | the Act enacting this chapter. |
---|
75 | 75 | | (c) If permanent directors have not been elected under |
---|
76 | 76 | | Section 8046.0103 and the terms of the temporary directors have |
---|
77 | 77 | | expired, successor temporary directors shall be appointed or |
---|
78 | 78 | | reappointed as provided by Subsection (d) to serve terms that |
---|
79 | 79 | | expire on the earlier of: |
---|
80 | 80 | | (1) the date permanent directors are elected under |
---|
81 | 81 | | Section 8046.0103; or |
---|
82 | 82 | | (2) the fourth anniversary of the date of the |
---|
83 | 83 | | appointment or reappointment. |
---|
84 | 84 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
85 | 85 | | majority of the assessed value of the real property in the district |
---|
86 | 86 | | may submit a petition to the commission requesting that the |
---|
87 | 87 | | commission appoint as successor temporary directors the five |
---|
88 | 88 | | persons named in the petition. The commission shall appoint as |
---|
89 | 89 | | successor temporary directors the five persons named in the |
---|
90 | 90 | | petition. |
---|
91 | 91 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
92 | 92 | | Sec. 8046.0301. GENERAL POWERS AND DUTIES. The district |
---|
93 | 93 | | has the powers and duties necessary to accomplish the purposes for |
---|
94 | 94 | | which the district is created. |
---|
95 | 95 | | Sec. 8046.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
96 | 96 | | DUTIES. The district has the powers and duties provided by the |
---|
97 | 97 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
98 | 98 | | applicable to municipal utility districts created under Section 59, |
---|
99 | 99 | | Article XVI, Texas Constitution. |
---|
100 | 100 | | Sec. 8046.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
---|
101 | 101 | | 52, Article III, Texas Constitution, the district may design, |
---|
102 | 102 | | acquire, construct, finance, issue bonds for, improve, operate, |
---|
103 | 103 | | maintain, and convey to this state, a county, or a municipality for |
---|
104 | 104 | | operation and maintenance macadamized, graveled, or paved roads, or |
---|
105 | 105 | | improvements, including storm drainage, in aid of those roads. |
---|
106 | 106 | | Sec. 8046.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
---|
107 | 107 | | road project must meet all applicable construction standards, |
---|
108 | 108 | | zoning and subdivision requirements, and regulations of each |
---|
109 | 109 | | municipality in whose corporate limits or extraterritorial |
---|
110 | 110 | | jurisdiction the road project is located. |
---|
111 | 111 | | (b) If a road project is not located in the corporate limits |
---|
112 | 112 | | or extraterritorial jurisdiction of a municipality, the road |
---|
113 | 113 | | project must meet all applicable construction standards, |
---|
114 | 114 | | subdivision requirements, and regulations of each county in which |
---|
115 | 115 | | the road project is located. |
---|
116 | 116 | | (c) If the state will maintain and operate the road, the |
---|
117 | 117 | | Texas Transportation Commission must approve the plans and |
---|
118 | 118 | | specifications of the road project. |
---|
119 | 119 | | Sec. 8046.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
---|
120 | 120 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
---|
121 | 121 | | applicable requirements of any ordinance or resolution that is |
---|
122 | 122 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
---|
123 | 123 | | consents to the creation of the district or to the inclusion of land |
---|
124 | 124 | | in the district. |
---|
125 | 125 | | Sec. 8046.0306. DIVISION OF DISTRICT. (a) The district may |
---|
126 | 126 | | be divided into two or more new districts only if the district: |
---|
127 | 127 | | (1) has no outstanding bonded debt; and |
---|
128 | 128 | | (2) is not imposing ad valorem taxes. |
---|
129 | 129 | | (b) This chapter applies to any new district created by the |
---|
130 | 130 | | division of the district, and a new district has all the powers and |
---|
131 | 131 | | duties of the district. |
---|
132 | 132 | | (c) Any new district created by the division of the district |
---|
133 | 133 | | may not, at the time the new district is created, contain any land |
---|
134 | 134 | | outside the area described by Section 2 of the Act creating this |
---|
135 | 135 | | chapter. |
---|
136 | 136 | | (d) The board, on its own motion or on receipt of a petition |
---|
137 | 137 | | signed by the owner or owners of a majority of the assessed value of |
---|
138 | 138 | | the real property in the district, may adopt an order dividing the |
---|
139 | 139 | | district. |
---|
140 | 140 | | (e) The board may adopt an order dividing the district |
---|
141 | 141 | | before or after the date the board holds an election under Section |
---|
142 | 142 | | 8046.0103 to confirm the district's creation. |
---|
143 | 143 | | (f) An order dividing the district shall: |
---|
144 | 144 | | (1) name each new district; |
---|
145 | 145 | | (2) include the metes and bounds description of the |
---|
146 | 146 | | territory of each new district; |
---|
147 | 147 | | (3) appoint temporary directors for each new district; |
---|
148 | 148 | | and |
---|
149 | 149 | | (4) provide for the division of assets and liabilities |
---|
150 | 150 | | between or among the new districts. |
---|
151 | 151 | | (g) On or before the 30th day after the date of adoption of |
---|
152 | 152 | | an order dividing the district, the district shall file the order |
---|
153 | 153 | | with the commission and record the order in the real property |
---|
154 | 154 | | records of each county in which the district is located. |
---|
155 | 155 | | (h) Any new district created by the division of the district |
---|
156 | 156 | | shall hold a confirmation and directors' election as required by |
---|
157 | 157 | | Section 8046.0103. |
---|
158 | 158 | | (i) Municipal consent to the creation of the district and to |
---|
159 | 159 | | the inclusion of land in the district granted under Section |
---|
160 | 160 | | 8046.0104 acts as municipal consent to the creation of any new |
---|
161 | 161 | | district created by the division of the district and to the |
---|
162 | 162 | | inclusion of land in the new district. |
---|
163 | 163 | | (j) Any new district created by the division of the district |
---|
164 | 164 | | must hold an election as required by this chapter to obtain voter |
---|
165 | 165 | | approval before the district may impose a maintenance tax or issue |
---|
166 | 166 | | bonds payable wholly or partly from ad valorem taxes. |
---|
167 | 167 | | (k) If the creation of the new district is confirmed, the |
---|
168 | 168 | | new district shall provide the election date and results to the |
---|
169 | 169 | | commission. |
---|
170 | 170 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
171 | 171 | | Sec. 8046.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
---|
172 | 172 | | The district may issue, without an election, bonds and other |
---|
173 | 173 | | obligations secured by: |
---|
174 | 174 | | (1) revenue other than ad valorem taxes; or |
---|
175 | 175 | | (2) contract payments described by Section 8046.0403. |
---|
176 | 176 | | (b) The district must hold an election in the manner |
---|
177 | 177 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
178 | 178 | | before the district may impose an ad valorem tax or issue bonds |
---|
179 | 179 | | payable from ad valorem taxes. |
---|
180 | 180 | | (c) The district may not issue bonds payable from ad valorem |
---|
181 | 181 | | taxes to finance a road project unless the issuance is approved by a |
---|
182 | 182 | | vote of a two-thirds majority of the district voters voting at an |
---|
183 | 183 | | election held for that purpose. |
---|
184 | 184 | | Sec. 8046.0402. OPERATION AND MAINTENANCE TAX. (a) If |
---|
185 | 185 | | authorized at an election held under Section 8046.0401, the |
---|
186 | 186 | | district may impose an operation and maintenance tax on taxable |
---|
187 | 187 | | property in the district in accordance with Section 49.107, Water |
---|
188 | 188 | | Code. |
---|
189 | 189 | | (b) The board shall determine the tax rate. The rate may not |
---|
190 | 190 | | exceed the rate approved at the election. |
---|
191 | 191 | | Sec. 8046.0403. CONTRACT TAXES. (a) In accordance with |
---|
192 | 192 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
193 | 193 | | an operation and maintenance tax and use the revenue derived from |
---|
194 | 194 | | the tax to make payments under a contract after the provisions of |
---|
195 | 195 | | the contract have been approved by a majority of the district voters |
---|
196 | 196 | | voting at an election held for that purpose. |
---|
197 | 197 | | (b) A contract approved by the district voters may contain a |
---|
198 | 198 | | provision stating that the contract may be modified or amended by |
---|
199 | 199 | | the board without further voter approval. |
---|
200 | 200 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
201 | 201 | | Sec. 8046.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
202 | 202 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
203 | 203 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
204 | 204 | | revenue, contract payments, grants, or other district money, or any |
---|
205 | 205 | | combination of those sources, to pay for any authorized district |
---|
206 | 206 | | purpose. |
---|
207 | 207 | | Sec. 8046.0502. TAXES FOR BONDS. At the time the district |
---|
208 | 208 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
209 | 209 | | board shall provide for the annual imposition of a continuing |
---|
210 | 210 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
211 | 211 | | or part of the bonds are outstanding as required and in the manner |
---|
212 | 212 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
213 | 213 | | Sec. 8046.0503. BONDS FOR ROAD PROJECTS. At the time of |
---|
214 | 214 | | issuance, the total principal amount of bonds or other obligations |
---|
215 | 215 | | issued or incurred to finance road projects and payable from ad |
---|
216 | 216 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
217 | 217 | | real property in the district. |
---|
218 | 218 | | SECTION 2. The Waller County Municipal Utility District No. |
---|
219 | 219 | | 34 initially includes all the territory contained in the following |
---|
220 | 220 | | area: |
---|
221 | 221 | | A METES & BOUNDS description of a certain 3,791 acre |
---|
222 | 222 | | (165,143,925 square feet) tract of land situated in the W. |
---|
223 | 223 | | McCutchen (H. & T.C. R.R. Co.) Survey, Abstract No. 312, H. & T.C. |
---|
224 | 224 | | R.R. Co. Survey, Abstract No. 145, W. McCutchen (H. & T.C. R.R. Co.) |
---|
225 | 225 | | Survey, Abstract No. 315, H. & T.C. R.R. Co. Survey, Abstract |
---|
226 | 226 | | No. 193, W. McCutchen (H. & T.C. R.R. Co.) Survey, Abstract |
---|
227 | 227 | | No. 309, H. & T.C. R.R. Co. Survey, Abstract No. 192, H. & T.C. R.R. |
---|
228 | 228 | | Co. Survey, Abstract No. 188, J. McCutchen (H. & T.C. R.R. Co.) |
---|
229 | 229 | | Survey, Abstract No. 307, and the E. Wright (H. & T. R.R. Co.) |
---|
230 | 230 | | Survey, Abstract No. 381 in Waller County, Texas, being all of a |
---|
231 | 231 | | called 640 acre tract conveyed to Margaret Sager Pfeffer Estate |
---|
232 | 232 | | Trust by Deed recorded in Volume 271, Page 308, Waller County Deed |
---|
233 | 233 | | Records, being all of a called 640 acre tract conveyed to Adolph and |
---|
234 | 234 | | Noelie Pfeffer Family Partnership One, Ltd. and Adolph and Noelie |
---|
235 | 235 | | Pfeffer Family Partnership Two, Ltd. by Special Warranty Deed |
---|
236 | 236 | | recorded in Volume 1284, Page 133, Waller Official Public Records |
---|
237 | 237 | | of Real Property, being all of a called 823.996 acre tract conveyed |
---|
238 | 238 | | to Adolph A . Pfeffer Sr., Trustee, of the Margaret Sager Pfeffer |
---|
239 | 239 | | Estate Trust by Warranty Deed recorded in Volume 297, Page 825, |
---|
240 | 240 | | Waller County Deed Records, being all of a called 320 acre tract |
---|
241 | 241 | | conveyed to Cochran Road Partners, LLC by Special Warranty Deed |
---|
242 | 242 | | recorded in Volume 1212, Page 399, Waller County Deed Records, |
---|
243 | 243 | | being all of a called 640 acre tract conveyed to Cochran Road |
---|
244 | 244 | | Partners, LLC by Special Warranty Deed recorded in Volume 1212, |
---|
245 | 245 | | Page 399, Waller County Deed Records, being all of a called 152 acre |
---|
246 | 246 | | tract conveyed to Cochran Road Partners, LLC by Special Warranty |
---|
247 | 247 | | Deed recorded in Volume 1212, Page 399, Waller County Official |
---|
248 | 248 | | Public Records of Real Property, being all of a called 80.741 acre |
---|
249 | 249 | | tract conveyed to Adolph A Pfeffer, Jr., Trustee, of the Margaret |
---|
250 | 250 | | Sager Pfeffer Estate Trust by Warranty Deed recorded in Volume 570, |
---|
251 | 251 | | Page 822, Waller County Deed Records, being all of a called 40 acre |
---|
252 | 252 | | (Tract 6) tract conveyed to Adolph Pfeffer by Deed recorded in |
---|
253 | 253 | | Volume 350, Page 5, Waller County Deed Records, being all of a |
---|
254 | 254 | | called 40 acre (Tract 7) tract conveyed to Adolph Pfeffer by Deed |
---|
255 | 255 | | recorded in Volume 350, Page 5, Waller County Deed Records, being |
---|
256 | 256 | | all of a called 119.5 acre (being 159.5 acres less 40 acres) tract |
---|
257 | 257 | | conveyed to Adolph Pfeffer by Deed recorded in Volume 350, Page 5, |
---|
258 | 258 | | Waller County Deed Records, being all of Lot 6 (called Tract 1) |
---|
259 | 259 | | conveyed to Adolph Pfeffer by Partition Deed recorded in Volume |
---|
260 | 260 | | 350, Page 5, Waller County Deed Records, being all of Lot 7 (called |
---|
261 | 261 | | Tract 2) conveyed to Adolph Pfeffer by Partition Deed recorded in |
---|
262 | 262 | | Volume 350, Page 5, Waller County Deed Records, being all of Lot 8 |
---|
263 | 263 | | (called Tract 3) conveyed to Adolph Pfeffer by Partition Deed |
---|
264 | 264 | | recorded in Volume 350, Page 5, Waller County Deed Records, being |
---|
265 | 265 | | all of Lot 9 (called Tract 4) conveyed to Adolph Pfeffer by |
---|
266 | 266 | | Partition Deed recorded in Volume 350, Page 5, Waller County Deed |
---|
267 | 267 | | Records, being the residue of a called 20.00 acre tract conveyed to |
---|
268 | 268 | | Adolph A. Pfeffer by Special Warranty Deed recorded in Volume 1109, |
---|
269 | 269 | | Page 001, Waller County Official Public Records of Real Property, |
---|
270 | 270 | | and being a portion of tracts conveyed to Adolph A. Pfeffer by deed |
---|
271 | 271 | | recorded in Volume 119, Page 113 Waller County Deed Records; said |
---|
272 | 272 | | 3,791-acre (165,143,925 square feet) tract of land being more |
---|
273 | 273 | | particularly described as follows with all bearings being based on |
---|
274 | 274 | | the Texas Coordinate System, South Central Zone, NAD 83: |
---|
275 | 275 | | BEGINNING at a point being the southeast corner of said |
---|
276 | 276 | | called 640 acre tract conveyed to Margaret Sager Pfeffer Estate |
---|
277 | 277 | | Trust; |
---|
278 | 278 | | THENCE, North 90°00'00" West, 5,280.00 feet to a point for a |
---|
279 | 279 | | corner being the southwest corner of said called 640 acre tract |
---|
280 | 280 | | conveyed to Margaret Sager Pfeffer Estate Trust; |
---|
281 | 281 | | THENCE, North 00°00'00" West, 2,640.00 feet to a point for |
---|
282 | 282 | | corner being in the west line of said called 640 acre tract conveyed |
---|
283 | 283 | | to Margaret Sager Pfeffer Estate Trust and being the southeast |
---|
284 | 284 | | corner of said called 320 acre tract; |
---|
285 | 285 | | THENCE, North 90°00'00" West, 5,280.00 feet to a point for |
---|
286 | 286 | | corner being the southwest corner of said called 320 acre tract; |
---|
287 | 287 | | THENCE, North 00°00'00" East, 2,728.33 feet to a point for |
---|
288 | 288 | | corner being the northwest corner of said called 320 acre tract, |
---|
289 | 289 | | being the southwest corner of said called 640 acre tract conveyed to |
---|
290 | 290 | | Cochran Road Partners, LLC, and being the southeast corner of said |
---|
291 | 291 | | called Volume 119, Page 113; |
---|
292 | 292 | | THENCE, North 90°00'00" West, 761.11 feet to a point for |
---|
293 | 293 | | corner being in the south line of said called Volume 119, Page 113; |
---|
294 | 294 | | THENCE, South 89°36'31" West, 1,319.30 feet to a point for |
---|
295 | 295 | | corner being the southwest corner of said called Volume 119, Page |
---|
296 | 296 | | 113 and being the southeast corner of said called 80.741 acre tract; |
---|
297 | 297 | | THENCE, North 89°37'42" West, 1,843.37 feet to a point for |
---|
298 | 298 | | corner being the southwest corner of said called residue of a called |
---|
299 | 299 | | 20.00 acre tract; |
---|
300 | 300 | | THENCE, North 00°22'16" East, 1,105.28 feet to a point for |
---|
301 | 301 | | corner being in the west line of said called residue of a called 20 |
---|
302 | 302 | | acre tract; |
---|
303 | 303 | | THENCE, South 89°37'43" East, 500.54 feet to a point for |
---|
304 | 304 | | corner being in the west line of said called 80.741 acre tract and |
---|
305 | 305 | | being in the east line of said called residue of a called 20.00 acre |
---|
306 | 306 | | tract; |
---|
307 | 307 | | THENCE, North 01°24'32" West, 391.93 feet to a point for |
---|
308 | 308 | | corner being in the west line of said called 80.741 acre tract and |
---|
309 | 309 | | being in the east line of said called residue of a called 20.00 acre |
---|
310 | 310 | | tract; |
---|
311 | 311 | | THENCE, North 01°16'47" East, 33.21 feet to a point for corner |
---|
312 | 312 | | being in the west line of said called 80.741 acre tract and being in |
---|
313 | 313 | | the east line of said called residue of a called 20.00 acre tract; |
---|
314 | 314 | | THENCE, North 89°37'43" West, 488.89 feet to a point for |
---|
315 | 315 | | corner being in the west line of said called residue of a called |
---|
316 | 316 | | 20.00 acre tract; |
---|
317 | 317 | | THENCE, North 00°22'21" East, 189.43 feet to a point for |
---|
318 | 318 | | corner being the northwest corner of said called residue of a called |
---|
319 | 319 | | 20.00 acre tract; |
---|
320 | 320 | | THENCE, South 89°37'43" East, 491.89 feet to a point for |
---|
321 | 321 | | corner being in the west line of said called 80.741 acre tract and |
---|
322 | 322 | | being the northeast corner of said called residue of a called 20.00 |
---|
323 | 323 | | acre tract; |
---|
324 | 324 | | THENCE, North 01°16'47" East, 926.49 feet to a point for |
---|
325 | 325 | | corner being the northwest corner of said called 80.741 acre tract |
---|
326 | 326 | | and being the most northerly southwest corner of said called Volume |
---|
327 | 327 | | 119, Page 113; |
---|
328 | 328 | | THENCE, North 00°00'00" West, 1,223.80 feet to a point for |
---|
329 | 329 | | corner being the southeast corner of said called Tract 6 and being |
---|
330 | 330 | | in the west line of said called Volume 119, Page 113; |
---|
331 | 331 | | THENCE, North 90°00'00" West, 2,638.89 feet to a point for |
---|
332 | 332 | | corner being the southwest corner of said called Tract 7; |
---|
333 | 333 | | THENCE, North 00°00'00" West, 1,322.22 feet to a point for |
---|
334 | 334 | | corner being the northwest corner of said called Tract 7; |
---|
335 | 335 | | THENCE, North 90°00'00" East, 530.56 feet to a point for |
---|
336 | 336 | | corner being in the north line of said called Tract 7 and being the |
---|
337 | 337 | | southwest corner of said called 119.5 acre tract; |
---|
338 | 338 | | THENCE, North 00°00'00" West, 2,516.67 feet to a point for |
---|
339 | 339 | | corner being the northwest corner of said called 119.5 acre tract; |
---|
340 | 340 | | THENCE, North 89°54'50" East, 2,773.34 feet to a point for |
---|
341 | 341 | | corner being the northeast corner of said called 119.5 acre tract, |
---|
342 | 342 | | being the southwest corner of said called Lot 6, and being the |
---|
343 | 343 | | northwest corner of said called Lot 7; |
---|
344 | 344 | | THENCE, North 00°00'00" West, 840.28 feet to a point for |
---|
345 | 345 | | corner being the northwest corner of said called Lot 6; |
---|
346 | 346 | | THENCE, North 90°00'00" East, 2,735.00 feet to a point for |
---|
347 | 347 | | corner being the northeast corner of said called Lot 6; |
---|
348 | 348 | | THENCE, South 00°00'00" West, 869.44 feet to a point for |
---|
349 | 349 | | corner being the southeast corner of said called Lot 6, being the |
---|
350 | 350 | | northeast corner of said called Lot 7, and being the northwest |
---|
351 | 351 | | corner of said called 152 acre tract; |
---|
352 | 352 | | THENCE, North 90°00'00" East, 2,657.30 feet to a point for |
---|
353 | 353 | | corner being the northeast corner of said called 152 acre tract; |
---|
354 | 354 | | THENCE, South 00°00'00" East, 2,491.67 feet to a point for |
---|
355 | 355 | | corner being the southeast corner of said called 152 acre tract and |
---|
356 | 356 | | being in the north line of said called 640 acre tract conveyed to |
---|
357 | 357 | | Cochran Road Partners, LLC; |
---|
358 | 358 | | THENCE, North 90°00'00" East, 2,622.70 feet to a point for |
---|
359 | 359 | | corner being the northeast corner of said called 640 acre tract |
---|
360 | 360 | | conveyed to Cochran Road Partners, LLC, being the northwest corner |
---|
361 | 361 | | of said called 640 acre tract conveyed to Adolph and Noelie Pfeffer |
---|
362 | 362 | | Family Partnership One, Ltd. and Adolph and Noelie Pfeffer Family |
---|
363 | 363 | | Partnership Two, Ltd., and being the southwest corner of said |
---|
364 | 364 | | called 823.996 acre tract; |
---|
365 | 365 | | THENCE, North 00°04'31" East, 4,548.22 feet to a point for |
---|
366 | 366 | | corner being in the west line of said called 823.996 acre tract; |
---|
367 | 367 | | THENCE, North 11°22'24" West, 128.93 feet to a point for |
---|
368 | 368 | | corner being in the west line of said called 823.996 acre tract; |
---|
369 | 369 | | THENCE, North 00°21'45" East, 459.44 feet to a point for |
---|
370 | 370 | | corner being the northwest corner of said called 823.996 acre |
---|
371 | 371 | | tract; |
---|
372 | 372 | | THENCE, South 89°56'04" East, 2,814.86 feet to a point for |
---|
373 | 373 | | corner being the most northerly northeast corner of said called |
---|
374 | 374 | | 823.996 acre tract; |
---|
375 | 375 | | THENCE, South 16°12'54" East, 1,715.81 feet to a point being |
---|
376 | 376 | | an interior corner of said called 823.996 acre tract; |
---|
377 | 377 | | THENCE, South 81°28'25" E, 2,000.00 feet to a point for corner |
---|
378 | 378 | | being the most southerly northeast corner of said called 823.996 |
---|
379 | 379 | | acre tract; |
---|
380 | 380 | | THENCE, South 00°06'10" East, 13,746.77 feet to the POINT OF |
---|
381 | 381 | | BEGINNING, CONTAINING 3,791 acres (165,143,925 square feet) of land |
---|
382 | 382 | | in Waller County, Texas filed in the office of Manhard Consulting, |
---|
383 | 383 | | Ltd. in The Woodlands, Texas. |
---|
384 | 384 | | SECTION 3. (a) The legal notice of the intention to |
---|
385 | 385 | | introduce this Act, setting forth the general substance of this |
---|
386 | 386 | | Act, has been published as provided by law, and the notice and a |
---|
387 | 387 | | copy of this Act have been furnished to all persons, agencies, |
---|
388 | 388 | | officials, or entities to which they are required to be furnished |
---|
389 | 389 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
390 | 390 | | Government Code. |
---|
391 | 391 | | (b) The governor, one of the required recipients, has |
---|
392 | 392 | | submitted the notice and Act to the Texas Commission on |
---|
393 | 393 | | Environmental Quality. |
---|
394 | 394 | | (c) The Texas Commission on Environmental Quality has filed |
---|
395 | 395 | | its recommendations relating to this Act with the governor, the |
---|
396 | 396 | | lieutenant governor, and the speaker of the house of |
---|
397 | 397 | | representatives within the required time. |
---|
398 | 398 | | (d) All requirements of the constitution and laws of this |
---|
399 | 399 | | state and the rules and procedures of the legislature with respect |
---|
400 | 400 | | to the notice, introduction, and passage of this Act are fulfilled |
---|
401 | 401 | | and accomplished. |
---|
402 | 402 | | SECTION 4. (a) If this Act does not receive a two-thirds |
---|
403 | 403 | | vote of all the members elected to each house, Subchapter C, Chapter |
---|
404 | 404 | | 8046, Special District Local Laws Code, as added by Section 1 of |
---|
405 | 405 | | this Act, is amended by adding Section 8046.0307 to read as follows: |
---|
406 | 406 | | Sec. 8046.0307. NO EMINENT DOMAIN POWER. The district may |
---|
407 | 407 | | not exercise the power of eminent domain. |
---|
408 | 408 | | (b) This section is not intended to be an expression of a |
---|
409 | 409 | | legislative interpretation of the requirements of Section 17(c), |
---|
410 | 410 | | Article I, Texas Constitution. |
---|
411 | 411 | | SECTION 5. This Act takes effect immediately if it receives |
---|
412 | 412 | | a vote of two-thirds of all the members elected to each house, as |
---|
413 | 413 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
414 | 414 | | Act does not receive the vote necessary for immediate effect, this |
---|
415 | 415 | | Act takes effect September 1, 2019. |
---|