Texas 2019 - 86th Regular

Texas Senate Bill SB2550 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12023 AAF-F
2	2	By: Fallon S.B. No. 2550
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Bear Creek Ranch Municipal Utility
8	8	District No. 1 of Parker County; granting a limited power of eminent
9	9	domain; providing authority to issue bonds; providing authority to
10	10	impose 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 8078 to read as follows:
14	14	CHAPTER 8078. BEAR CREEK RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
15	15	PARKER COUNTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8078.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Bear Creek Ranch Municipal
23	23	Utility District No. 1 of Parker County.
24	24	Sec. 8078.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 8078.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 8078.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	8078.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 8078.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 8078.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 8078.0201. GOVERNING BODY; TERMS. (a) The district is
61	61	governed by a board of five elected directors.
62	62	(b) Except as provided by Section 8078.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 8078.0202. TEMPORARY DIRECTORS. (a) On or after
65	65	September 1, 2019, the owner or owners of a majority of the assessed
66	66	value of the real property in the district may submit a petition to
67	67	the commission requesting that the commission appoint as temporary
68	68	directors the five persons named in the petition. The commission
69	69	shall appoint as temporary directors the five persons named in the
70	70	petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8078.0103; or
74	74	(2) September 1, 2023.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8078.0103 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 8078.0103; 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. 8078.0301. 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. 8078.0302. 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. 8078.0303. 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. 8078.0304. 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. 8078.0305. 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. 8078.0306. 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 enacting 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	8078.0103 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 8078.0103. If the voters of a new district do not confirm
158	158	the creation of the new district, the assets, obligations,
159	159	territory, and governance of the new district revert to the
160	160	original district.
161	161	(i) Municipal consent to the creation of the district and to
162	162	the inclusion of land in the district granted under Section
163	163	8078.0104 acts as municipal consent to the creation of any new
164	164	district created by the division of the district and to the
165	165	inclusion of land in the new district.
166	166	(j) Any new district created by the division of the district
167	167	must hold an election as required by this chapter to obtain voter
168	168	approval before the district may impose a maintenance tax or issue
169	169	bonds payable wholly or partly from ad valorem taxes.
170	170	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	171	Sec. 8078.0401. 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 8078.0403.
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. 8078.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	185	authorized at an election held under Section 8078.0401, 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. 8078.0403. 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. 8078.0501. 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. 8078.0502. 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. 8078.0503. 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 Bear Creek Ranch Municipal Utility District
219	219	No. 1 of Parker County initially includes all the territory
220	220	contained in the following area:
221	221	BEING 2055.70 acres of land situated in the JAMES BRADLEY SURVEY,
222	222	ABSTRACT No. 119, JAMES BRADLEY SURVEY, ABSTRACT No. 120, JOHN D.
223	223	BAY SURVEY, ABSTARCT NO. 195, J.H. REAN SURVEY, ABSTRACT No. 1106,
224	224	T.J. BENDERMAN SURVEY, ABSTRACT No. 2519, I. & G.N. RR. CO.,
225	225	SECTION NO. 3, BLOCK 1, ABSTRACT NO. 1799 and the PETER B. HOLDER
226	226	SURVEY, ABSTRACT No. 614, Parker County, Texas, being a portion of
227	227	those certain tracts of land described in deed as Parcel No. 1 and
228	228	Parcel No. 2, to The Dixon Foundation, recorded in Book 2416, Page
229	229	417, Official Public Records, Parker County, Texas, said 2055.70
230	230	acres being more particularly described as follows:
231	231	BEGINNING at the most westerly northwest corner of said Parcel
232	232	No. 2, in Bear Creek Road (Right-of-Way varies), from which a 2"
233	233	steel fence corner post found in the south line of said Bear Creek
234	234	Road bears S 01°12'56" E, a distance of 40.00 feet, for reference,
235	235	said BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate
236	236	value of NORTH: 6918277.984 and EAST: 2233063.538, for reference;
237	237	THENCE along Bear Creek Road, as follows:
238	238	S 67°36'03" E, a distance of 3869.57 feet to the most northerly
239	239	northeast corner of said Parcel No. 2;
240	240	S 02°12'27" E, a distance of 1472.57 feet to a point;
241	241	S 55°59'27" E, a distance of 1165.45 feet to a point;
242	242	S 71°46'27" E, a distance of 801.00 feet to a point;
243	243	S 70°43'19" E, a distance of 221.91 feet to a point;
244	244	S 70°45'54 E, a distance of 1742.88 feet to a point for the most
245	245	northerly northeast corner of the herein described 2055.70 acre
246	246	tract;
247	247	THENCE S 24°06'27" W, leaving said Bear Creek Road, passing the
248	248	northwest corner of that certain tract of land described in deed to
249	249	Kevin Reeves, recorded in Instrument Number 2017-02400, Official
250	250	Public Records, Parker County, Texas, and continuing along the most
251	251	west line of said Reeves tract, in all, a distance of 1186.42 feet
252	252	to a point from which a 5/8" iron rod found bears N 60°42'50" W, a
253	253	distance of 0.42 feet, for reference;
254	254	THENCE along the southwesterly lines of said Reeves tract as
255	255	follows:
256	256	S 60°42'50" E, a distance of 230.94 feet to a 5/8" iron rod found;
257	257	S 14°49'14" E, a distance of 744.61 feet to a 5/8" iron rod found;
258	258	N 72°21'34" E, a distance of 390.26 feet to a point from which a 3"
259	259	steel pipe fence post bears N 06°43'26" W, a distance of 1.25 feet
260	260	for reference;
261	261	S 00°10'37" W, a distance of 764.25 feet to a 1/2" iron rod found at
262	262	the southwest corner of said Reeves tract, being in the north line
263	263	of a Seventy (70) foot wide Transmission Easement and Right-of-Way
264	264	recorded in Book 2684, Page 531 and Book 2734, Page 1161, Official
265	265	Public Records, Parker County, Texas;
266	266	THENCE along the south line of said Reeves tract and the north line
267	267	of said Transmission Easement and Right-of-Way, as follows:
268	268	N 89°17'27" E, a distance of 766.57 feet to a point;
269	269	S 87°58'20" E, a distance of 852.96 feet to a point;
270	270	S 87°37'59" E, a distance of 500.58 feet to a point in the west
271	271	occupied line of said Bear Creek Road, at the southeast corner of
272	272	said Reeves tract;
273	273	THENCE S 20°01'40" E, along the west occupied line of said Bear Creek
274	274	Road, a distance of 75.70 feet to a 5/8" capped iron rod found
275	275	stamped "Brooks Baker", being in the most easterly south line of
276	276	said Parcel No. 2;
277	277	THENCE along the most easterly south line of said Parcel No. 2, as
278	278	follows:
279	279	N 87°38'33" W, a distance of 529.23 feet to a point;
280	280	N 87°58'55" W, a distance of 851.08 feet to a point;
281	281	S 89°16'51" W, a distance of 765.97 feet to a point at the most
282	282	southerly southwest corner of said Parcel No. 2 and being in the
283	283	east line of said Parcel No. 1;
284	284	THENCE S 03°54'04" E, along the east line of said Parcel No. 1 and
285	285	along the called east line of said BENDERMAN SURVEY, a distance of
286	286	10017.79 feet to a 2" pipe in concrete at the southeast corner of
287	287	said Parcel No. 1 and being the called southeast corner of said
288	288	BENDERMAN SURVEY;
289	289	THENCE S 89°26'10" W, along the south line of said Parcel No. 1 and
290	290	along the called south line of said BENDERMAN SURVEY, a distance of
291	291	1606.98 feet to a 5/8" capped iron rod found stamped "Brooks Baker";
292	292	THENCE S 89°48'07" W, continuing along the south line of said Parcel
293	293	No. 1 and continuing along the called south line of said BENDERMAN
294	294	SURVEY, a distance of 3711.27 feet to a 2" pipe in concrete found at
295	295	the most southerly southwest corner of said Parcel No. 1;
296	296	THENCE N 01°35'25" W, along the most southerly west line of said
297	297	Parcel No. 1, a distance of 1216.91 feet to a 2" pipe in concrete
298	298	found at an interior corner of said Parcel No. 1 and being in the
299	299	called south line of said J.H. REAN SURVEY;
300	300	THENCE N 89°19'15" W, along the most westerly south line of said
301	301	Parcel No. 1 and along the called south line of said J.H. REAN
302	302	SURVEY, a distance of 660.00 feet to a 2" pipe in concrete found at
303	303	the most westerly southwest corner of said Parcel No. 1 and being
304	304	the called southwest corner of said J.H. REAN SURVEY;
305	305	THENCE along the west line of said Parcel No. 1 and along the called
306	306	west line of said J.H. REAN SURVEY, as follows:
307	307	N 00°01'41" W, a distance of 2676.89 feet to a 5/8" iron rod found;
308	308	N 00°04'03" W, a distance of 1981.74 feet to a 5/8" iron rod found;
309	309	N 00°10'29" E, a distance of 1520.50 feet to a 5/8" iron rod found;
310	310	N 00°04'43" W, a distance of 1097.99 feet to a 5/8" iron rod found;
311	311	N 00°02-24" W, a distance of 901.55 feet to a 1/2" capped iron rod
312	312	set stamped "C.F. Stark RPLS 5084";
313	313	N 00°25'07" W, a distance of 984.78 feet to a 2" pipe in concrete
314	314	found at an interior corner of said Parcel No. 1;
315	315	THENCE N 89°37'52" W along the most northerly south line of said
316	316	Parcel No. 1, a distance of 2013.88 feet to a 1/2" capped iron rod
317	317	set stamped "C.F. Stark RPLS 5084, at the most westerly southwest
318	318	corner of said Parcel No. 1;
319	319	THENCE ' N 00°45'08" W, along the most westerly west line of said
320	320	Parcel No. 1, a distance of 1196.14 feet to a 5/8" rod found;
321	321	THENCE N 01°17'22" W, continuing along the most westerly west line
322	322	of said Parcel No. 1, a distance of 1964.12 to a 5/8" capped iron
323	323	rod found stamped "Brooks Baker" at the northwest corner of said
324	324	Parcel No. 1 and being the southwest corner of said Parcel No. 2,
325	325	from which a 5/8" capped iron rod found (not legible) bears S
326	326	88°46'12" E, a distance of 728.31 feet for reference;
327	327	THENCE N 01°17'05" W, along the west line of said Parcel 2, a
328	328	distance of 3591.76 feet to the POINT OF BEGINNING and containing
329	329	2055.70 acres, more or less.
330	330	Being a 235.50 acre tract situated in the I & G.N. RAILROAD CO.
331	331	SURVEY, ABSTRANCT NO. 1783, AND THE A.J. OTTO SURVEY, ABSTRACT NO.
332	332	2340, Parker County, Texas and being all of the land conveyed to
333	333	Kolb Ranch, LLC as evidenced by deed recorded in County Clerk
334	334	Documents No. 2018-13108 and 2018-14455, said 235.50 acres being
335	335	further described in metes and bounds as follow:
336	336	BEGINNING at a 1/2inch iron rod found in the west line of the Curtis
337	337	D. Johnson, Jr. et al. tract, recorded in instrument
338	338	No. 2013-12796, Official Public Records, Parker County, Texas, for
339	339	the southeast corner of this tract. Said southeast corner also
340	340	being the northeast corner of Maravilla Vistas Addition, and
341	341	addition to Parker County, Texas recorded in Cabinet E, Slide 13,
342	342	Plat Records, Parker County, Texas and having a NAD 83 coordinate of
343	343	N: 6921387.53, E: 2234996.34;
344	344	THENCE N 63°51'23" W along the north line of said Maravilla Vistas
345	345	Addition, a distance of 1836.72 feet to a 1/2 inch iron rod found in
346	346	the east line of the Vina Louise Klasing tract as recorded in Volume
347	347	1548, Page 1187, Deed Records Parker County, Texas for the most
348	348	southern southwest corner of this tract, said most southern
349	349	southwest corner also being the northwest corner of said Maravilla
350	350	Vistas;
351	351	THENCE N 31°50'01" E, along the east line of said Klasing tract, a
352	352	distance of 507.08 feet to a 1/2 inch iron rod set stamped "C.F.
353	353	Stark 5084" for an interior corner of this tract;
354	354	THENCE N 37°39'16" W, along the north line of said Klasing tract, a
355	355	distance of 662.15 feet to a 1/2 inch iron rod found in the west line
356	356	of said Klasing tract and the east line of La Madera, Phase 3, an
357	357	addition to Parker County, Texas recorded in Cabinet D, Slide 219,
358	358	Plat Records, Parker County, Texas, continuing along the north line
359	359	of said La Madera Phase 3 a total distance of 2642.59 feet to a 1/2
360	360	inch iron rod found in the south line of McDavid Springs, an
361	361	addition to Parker County, Texas recorded in Cabinet C, Slide 726,
362	362	Plat Records, Parker County, Texas, for the most western southwest
363	363	corner of this tract, said most western southwest corner also the
364	364	northwest corner of said La Madera addition;
365	365	THENCE N 61°45'54" E, along the south line of said McDavid Springs
366	366	addition, a distance of 1335.26 feet to a 3 inch metal pipe post
367	367	found for an interior corner of this tract, said 3 inch metal pipe
368	368	post also being a corner for the McDavid Springs addition;
369	369	THENCE N 00°11'28" W, along the east line of said McDavid Springs
370	370	addition, a distance of 347.16 feet to a 3 inch metal pipe post
371	371	found for the northwest corner of this tract, said northwest corner
372	372	also being the southwest corner of the River Creek Addition, an
373	373	addition to Parker County recorded in Cabinet B, Slide 296, Plat
374	374	Records, Parker County, Texas;
375	375	THENCE, along the south line of said River Creek addition and the
376	376	south line of the Montex Drilling tract, recorded in Vol. 274, Pg.
377	377	244, Deed Records, Parker County, Texas as follows:
378	378	N 89°20'01" E, a distance of 1582.81 feet to a 1/2 inch iron
379	379	rod set stamped "C.F. Stark 5084"
380	380	N 89°24'23" E, a distance of 1099.43 feet to a 3 inch metal
381	381	pipe post found in the west line of the W.A. Moncrief tract,
382	382	recorded Vol. 523, Pg. 620, Deed Records, Parker County, Texas, for
383	383	the most northern northeast corner of this tract, said most
384	384	northern northeast corner also being the southeast corner of said
385	385	Montex Drilling tract;
386	386	THENCE S 01°03'51" E, along the west line of said Moncrief tract, a
387	387	distance of 527.13 feet to a 3 inch metal pipe post found in the
388	388	north line of said Johnson tract for a corner of this tract, said
389	389	corner also the southwest corner of the Moncrief tract and the
390	390	northwest corner of said Johnson tract;
391	391	THENCE S 52°21'34" W, along the northwesterly line of said Johnson
392	392	tract, a distance of 1487.07 feet to a 1/2 inch iron rod found
393	393	stamped "Harlan" for an interior corner of this tract, said
394	394	interior corner also being a the most westerly southwest corner of
395	395	said Johnson tract;
396	396	THENCE S 63°51'14" E, along the southwesterly line of said Johnson
397	397	tract, a distance of 1555.29 feet to a 1/2 inch iron rod found
398	398	stamped "Harlan" for the most easterly northeast corner of this
399	399	tract, said most easterly northeast corner also being an interior
400	400	corner of said Johnson tract;
401	401	THENCE S 26°08'47" W, along the west line of said Johnson tract, a
402	402	distance of 2473.48 feet to the POINT OF BEGINNING, and containing
403	403	235.50 acres (10,258,662.02 square feet) more or less.
404	404	BEING 215.30 acres situated in the I & G.N. RR. CO. SURVEY, Abstract
405	405	No. 1783, the W.H. JONES SURVEY, Abstract No. 2395 and the J.
406	406	BRADLEY SURVEY, Abstract No. 120, Parker County, Texas, being all
407	407	of that certain tract of land described in deed to Curtis D.
408	408	Johnson, Jr., et al, recorded in Instrument Number 201312796,
409	409	Official Records, Parker County, Texas, being more particularly
410	410	described as follows:
411	411	BEGINNING at a 3" metal pipe post found at the most northerly
412	412	northwest corner of said Johnson, Jr., et al tract and being the
413	413	most easterly southeast corner of that certain tract of land
414	414	described in deed to James P. McFarland, IV, recorded in Volume
415	415	2606, Page 1426, Official Records, Parker County, Texas, said
416	416	BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate value
417	417	of NORTH:6925201.42 and EAST:2235867.72, for reference;
418	418	THENCE N 88°48'42" E, along the north line of said Johnson, Jr., et
419	419	al, tract, a distance of 1011.13 feet to a 3" concrete filled metal
420	420	post found;
421	421	THENCE S 89°54'31" E, continuing along the north line of said
422	422	Johnson, Jr., et al, tract, a distance of 1002.32 feet to a 3"
423	423	concrete filled metal post found at the northeast corner of said
424	424	Johnson, Jr., et al, tract;
425	425	THENCE along the east and southeasterly line of said Johnson, Jr.,
426	426	et al, tract, as follows:
427	427	S 00°18'33" W, a distance of 729.65 feet to a 3" concrete filled
428	428	metal post found;
429	429	N 89°14'08" W, a distance of 333.23 feet to a 1/2" capped iron rod
430	430	set stamped "C.F. Stark RPLS 5084";
431	431	S 26°08'40" W, at a distance of 7451.86 feet, passing a 1/2" iron rod
432	432	found in the occupied north line of Bear Creek Road (Right-of-Way
433	433	varies), and continuing, in all, a distance of 7472.30 feet to a
434	434	point in said Bear Creek Road;
435	435	THENCE N 67°45'12" W, along Bear Creek Road, a distance of 919.65
436	436	feet to a point at the southwest corner of said Johnson, Jr., et al,
437	437	tract;
438	438	THENCE N 26°08'53" E, leaving said Bear Creek Road, at a distance of
439	439	20.20 feet passing a 1/2" capped iron rod found stamped "Harlan" in
440	440	the occupied north line of said Bear Creek Road, and continuing,
441	441	passing the southeast corner of MARAVILLA VISTAS, an Addition to
442	442	Parker County, Texas, according to the Plat recorded in Cabinet D,
443	443	Slide 491, Plat Records, Parker County, Texas, and continuing along
444	444	the common line of said Johnson, Jr., et al, tract and said
445	445	MARAVILLA VISTAS (recorded in Cab. D, Slide 491), at a distance of
446	446	2465.14 feet, passing a 1/2" capped iron rod found stamped "Texas
447	447	Surveying" at the northeast corner of said MARAVILLA VISTAS
448	448	(recorded in Cab. D, Slide 491) and being the southeast corner of
449	449	MARAVILLA VISTAS, an Addition to Parker County, Texas, according to
450	450	the Plat recorded in Cabinet E, Slide 13, Plat Records, Parker
451	451	County, Texas, and continuing along the common line of said
452	452	Johnson, Jr., et al, tract and said MARAVILLA VISTAS (recorded in
453	453	Cab. E, Slide 13), in all, a distance of 3622.23 feet to a 1/2" iron
454	454	rod found at the northeast corner of said MARAVILLA VISTAS
455	455	(recorded in Cab. E, Slide 13);
456	456	THENCE N 26°08'47" E, along the northwesterly line of said Johnson,
457	457	Jr., et al, tract, a distance of 2473.48 feet to a 1/2" capped iron
458	458	rod found stamped "Harlan" at an ell corner of said Johnson, Jr., et
459	459	al, tract;
460	460	THENCE N 63°51'14" W, along a northerly south line of said Johnson,
461	461	Jr., et al, tract, a distance of 1555.29 feet to a 1/2" capped iron
462	462	rod found stamped "Harlan" at the most westerly northwest corner of
463	463	said Johnson, Jr., et al, tract, being in the southeasterly line of
464	464	that certain tract of land described in deed to James P. McFarland,
465	465	IV, recorded in Volume 2606, Page 1426, Official Records, Parker
466	466	County, Texas, from which a 1/2" capped iron rod found stamped
467	467	"Harlan" bears S 52°17'02" W, a distance of 99.95 feet, for
468	468	reference;
469	469	THENCE N 52°21'34" E, along the common line of said Johnson, Jr., et
470	470	al, tract and said James P. McFarland, IV, a distance of 1487.07
471	471	feet to the POINT OF BEGINNING and containing 215.30 acres of land,
472	472	more or less.
473	473	SECTION 3. (a) The legal notice of the intention to
474	474	introduce this Act, setting forth the general substance of this
475	475	Act, has been published as provided by law, and the notice and a
476	476	copy of this Act have been furnished to all persons, agencies,
477	477	officials, or entities to which they are required to be furnished
478	478	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
479	479	Government Code.
480	480	(b) The governor, one of the required recipients, has
481	481	submitted the notice and Act to the Texas Commission on
482	482	Environmental Quality.
483	483	(c) The Texas Commission on Environmental Quality has filed
484	484	its recommendations relating to this Act with the governor, the
485	485	lieutenant governor, and the speaker of the house of
486	486	representatives within the required time.
487	487	(d) All requirements of the constitution and laws of this
488	488	state and the rules and procedures of the legislature with respect
489	489	to the notice, introduction, and passage of this Act are fulfilled
490	490	and accomplished.
491	491	SECTION 4. (a) If this Act does not receive a two-thirds
492	492	vote of all the members elected to each house, Subchapter C, Chapter
493	493	8078, Special District Local Laws Code, as added by Section 1 of
494	494	this Act, is amended by adding Section 8078.0307 to read as follows:
495	495	Sec. 8078.0307. NO EMINENT DOMAIN POWER. The district may
496	496	not exercise the power of eminent domain.
497	497	(b) This section is not intended to be an expression of a
498	498	legislative interpretation of the requirements of Section 17(c),
499	499	Article I, Texas Constitution.
500	500	SECTION 5. This Act takes effect September 1, 2019.