By: Taylor S.B. No. 1355
(In the Senate - Filed March 10, 2021; March 18, 2021, read
first time and referred to Committee on Local Government;
April 12, 2021, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 12, 2021,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1355 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Brazoria County Municipal Utility
District No. 83; 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 7922A to read as follows:
CHAPTER 7922A. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 83
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7922A.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 Brazoria County Municipal
Utility District No. 83.
Sec. 7922A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7922A.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. 7922A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7922A.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. 7922A.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. 7922A.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. 7922A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7922A.0202, directors
serve staggered four-year terms.
Sec. 7922A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Todd Casper;
(2) Johnnie Wright;
(3) Jeff Perry;
(4) Matthew Brown; and
(5) Shelley Stone.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7922A.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 7922A.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 7922A.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. 7922A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7922A.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. 7922A.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. 7922A.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. 7922A.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. 7922A.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
7922A.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. 7922A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7922A.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. 7922A.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. 7922A.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. 7922A.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. 7922A.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 Brazoria County Municipal Utility District
No. 83 initially includes all the territory contained in the
following area:
TRACT 1:
A 418.318 acre (18,221,949 square feet) tract, being all of
Lots 5, 6, 7, 8, 13, 14, 15, 16, 21, 22, 23, 24, 29, 30, 31, 32, 33,
34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47 and 50 of the
Allison-Richey Gulf Coast Home Company Suburban Gardens
Subdivision of Section 73, H.T. & B. Railroad Company Survey,
Abstract 301, according to the map or plat thereof, recorded in
Volume 2, Page 91 and 92, of the Plat Records of Brazoria County,
Texas (B.C.P.R.) and being all of those certain tracts conveyed to
Westbank Bayou, LP, called 19.919 acres (Lots 5-6), recorded in
Brazoria County Clerk's File Number (B.C.C.F. No.) 2007021508,
called 9.929 acres (Lot 8), recorded in B.C.C.F. No. 2007017868 and
called 9.972 acres (Lot 16), recorded in B.C.C.F. No. 2007018701
and being all of that certain tract conveyed to Charles L. Sowell
called 9.988 acres (Lot 7), recorded in Volume 1177, Page 396, deed
records of Brazoria County, Texas (B.C.D.R.), and being all of
those certain tracts conveyed to Eastbank Bayou, LP, called 10
acres (Lot 33), recorded In B.C.C.F. No. 2007022032, called 19.944
acres (Lots 42-43), recorded in B.C.C.F. No. 2008004369 and called
10 acres (Lot 47), recorded in B.C.C.F. No. 2008004367 and being
all of that certain tract conveyed to Four Forty-Three Annex No. 1,
LTD., called 10.00 acres (Lot 50), recorded in B.C.C.F.
No. 2006045403 and being a part of that certain tract conveyed to
Four Forty-Three Ltd. (called 433.09 acres), recorded in Volume
1048, Page 760, B.C.D.R., with said 18,221,949 square foot tract of
land being more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2 inch iron rod found at the Northeast
corner of said Section 73 and an interior corner of the H.T. & B.
Railroad Company Survey, Section 74, Abstract 493, recorded in
Volume 2, Page 66, B.C.P.R.) and being at the centerline
intersection of 60 foot Pollard Drive (as occupied) (Platted as 40
feet - Volume 2, Page 91 and 92, B.C.P.R.) and 60 foot Del Bello
Boulevard (as occupied)(Platted as 50 feet - Volume 2, Page 66,
B.C.P.R.), marking the northeast corner of the Michael D. Roland
and Marcy D. Roland tract (called 5.46 acres), recorded in B.C.C.F.
No. 2004072423 and 2007030104, the northwest corner of the Michael
C. Black tract (called 4.00 acres), recorded in B.C.C.F.
No. 96-015514 and the Northeast corner of said Section 73;
THENCE S 86°50'29" W, along and with the common line of
Section 73 and 74 and centerline of said 40 foot platted road, at
658.00 feet pass a point marking the southwest corner of lot 1 of
said Section 74 and the southeast corner of the Mary V O'Donnell
Survey, Division "O", Abstract 469, recorded in Volume 2, Page 91
and 92, B.C.P.R., from which a 5/8 inch iron rod bears, 5 38°48'33"
W, 3.08 feet, continuing along and with the common line of Section
73 and Division "O" and centerline of said 40 foot platted road, a
total distance of 1974.26 feet (called 1980.00 feet) to a 5/8 inch
iron rod with cap stamped "FMS" set in the north line of Section 73,
the north line of a 60 foot American Canal Company Easement,
recorded in Volume 638, Page 127, B.C.D.R., the south line of said
Division "O", Abstract 469, the south line of the Sylvia Buffy
Orndorff and Dustin Aaron Different tract (called 13.93 acres),
recorded in B.C.C.F. No. 2015054435, and the centerline of said 40'
platted road, marking the northwest corner of the Katherine Ott
Miles tract (called 5 acres), recorded in Volume 1459, Page 1,
B.C.D.R., the northeast corner of said Eastbank Bayou, LP tract
(Lot 33), and being the common corner of Lot 33 and 41 of said
Section 73 at the most northerly Northwest corner and POINT OF
BEGINNING of herein described tract:
THENCE S 03°24'40" E, along and with the common line of said
Lot 33 and 41, a distance of 660.58 feet (called 660.00 feet) to a
1/2 inch iron rod with cap stamped "Adams RPLS 3666" found, marking
the southeast corner of said Eastbank Bayou, LP tract (Lot 33), the
southwest corner of said Miles tract, the northwest corner of said
Eastbank Bayou, LP tract (called 19.944 acres), an interior corner
of herein described tract and being the common corner of Lots 33,
41, 42 and 34 of said Section 73;
THENCE N 86°49'54" E, along and with the common line of Lots
41, 42, 49 and 50 of said Section 73, a distance of 1314.38 feet
(called 1320.00 feet) to a 5/8 inch iron rod with cap stamped "FMS"
set, marking the southeast corner of the Jane Hetherington Brown
and Norman Paul Brown tract (called 5 acres), recorded in B.C.C.F.
No. 2014042893, the southwest corner of the Suzanne Renae Scopel
tract (called 5 acres), recorded In B.C.C.F. No. 2005013089, the
northwest corner of the Jeffery Wayne Scopel tract (called 1.157
acres), recorded in B.C.C.F. No. 2005013109, the northeast corner
of said Four Forty-Three Annex No. 1, LTD. Tract (called 10.00
acres) and the most easterly northeast corner of herein described
tract and being the common corner of Lots 49, 55, 56 and 50 of said
Section 73;
THENCE S 03°25'11" E, along and with the common line of Lots 50
and 56 and east line of said Four Forty-Three Annex No. 1, LTD.
tract, a distance of 660.67 feet (called 660.00 feet) to a 5/8 inch
iron rod with cap stamped "FMS" set, marking the southwest corner of
the Douglas Varner Tract (called 1.157 acres), recorded in Volume
(91) 906, Page 253, of the official records of Brazoria County,
Texas (B.C.O.R.), the northwest corner of the Laura Loterbauer
tract (called Minor Plat of 2.50 acres), recorded in B.C.C.F.
No. 2018006317, the northeast corner of the Louis Lira tract
(called 20 acres), recorded in Volume 1694, Page 653, B.C.D.R. and
an angle point for corner of herein described tract and being the
common corner of Lots 50, 56, 57 and 51 of said Section 73;
THENCE S 86°50'32" W, along and with the common line of Lots 50
and 51, same being the common line of said Four Forty-Three Annex
No. 1, LTD. Tract and said Lira tract, a distance of 657.24 feet
(called 660.00 feet), to a 5/8 inch iron rod with cap stamped "FMS"
set, in the east line of said Eastbank Bayou, LP tract (called
19.944 acres), marking the southwest corner of said Four
Forty-Three Annex No. 1, LTD. tract, the northwest corner of said
Lira tract, an interior corner of herein described tract and being
the common corner of Lots 50, 5l, 43 and 42 of said Section 73;
THENCE S 03°24'55" E, along and with the common line of Lots
43, 51, 44, 52, 45, 46 and 61 at 1320.21 feet (called 1320.00 feet)
pass a point in the centerline of a 40 foot platted road, recorded
in Volume 2, page 91 and 92, B.C.P.R. marking the northwest corner
of the Coastal Bend Land Investments, LP tract (called 40.0060
acres)(called Lot 61), recorded in B.C.C.F. No. 2006049617 and
being the common corner of Lots 44, 52, 61 and 45, continuing for a
total distance of 3299.48 feet (called 3300.00 feet) to a 5/8 inch
iron rod with cap stamped "FMS" set, marking the southwest corner of
the Jose T. Villanueva and Trinidad Villanueva tract (called 5
acres), recorded in B.C.C.F. No. 2004036528, the northwest corner
of the Roger Hernandez Gandarillas and Shella M. Rosario Crespo
tract (called 1.000 acre), recorded In B.C.C.F. No. 2015020827, the
northeast corner of said Aspect Energy, LLC tract (called 10
acres), the southeast corner of the said Eastbank Bayou, LP tract
(called 10 acres)(Lot 47), the most easterly southeast corner of
herein described tract and being the common corner of Lots 53, 54,
48 and 47 of said Section 73;
THENCE S 86°49'54" W, along and with the common line of Lots 48
and 47, same being the common line of said Eastbank Bayou, LP tract
(Lot 47) and said Aspect Energy, LLC tract, a distance of 657.49
feet (called 660.00 feet) to a 1/2 inch iron rod with cap stamped
"Adams RPLS 3666" found in the east line of the of said 443.09 acre
tract, marking the southwest corner of said Eastbank Bayou, LP
tract and the northwest corner of said Aspect Energy, LLC tract, and
interior corner of herein described tract and being the common
corner of Lots 48, 40, 39 and 47 of said Section 73;
THENCE S 03°24'40" E, along and with the common line of Lots 48
and 40, same being the common line of said Aspect Energy, LLC tract
and said 443.09 acre tract, a distance of 660.05 feet (called 660.00
feet) to a 5/8 inch iron rod with cap stamped "FMS" set in the
centerline of a 40 foot platted road, recorded in Volume 2, Page 91
and 92, B.C.P.R., in the called south line of Section 73 and the
north line of the H.T. & B. Railroad Company Survey, Section 64,
Abstract 483 and the north line of the Dr. A.A. Luther Subdivision
of Manvel, recorded in Volume 1, Page 71 and 72 and Volume 3, Page
139 and 140, B.C.P.R. and the north line of Outlot 181 of said
Dr. A.A. Luther Subdivision, marking the northwest corner of the
Coastal Bend Land Investments, LP tract (remainder of a called
167.073 acre tract), recorded in B.C.C.F. No. 2004058628, the
southwest corner of said Aspect Energy, LLC tract, an angle point in
the east line of said 443.09 acre tract and an angle point for
corner of herein described tract and being the common corner of Lots
48 and 40 of said Section 73, from which a 5/8 inch iron rod with cap
stamped "Base Line" found marking the southeast corner of said
Section 73 bears, S 86°50'11" W, 1975.03 feet;
THENCE S 86°50'11" W, continuing along and with the common
line of said Section 73, Section 64 and the Dr. A.A. Luther
Subdivision, same being the common line of said Outlot 181 and Lot
40, and centerline of said 40 foot platted road, a distance of
147.66 feet to a 5/8 inch iron rod with cap stamped "FMS" set in said
common line, marking the northeast corner of the Four Forty-Three,
LTD. Tract (called 24.00 acres)(Outlot 195), recorded in Volume
1048, Page 760, B.C.D.R. and an interior corner of herein described
tract and being the westerly line of a 40 foot platted road,
recorded in Volume 1, Page 71 and 72 and Volume 3, Page 139 and 140,
B.C.P.R.;
THENCE S 19°30'25" W, along and with the easterly line of said
Outlot 195 and the westerly line of said 40 foot platted road, at
909.98 feet pass a 1/2 inch iron rod found, marking the
southeasterly corner of said Outlot 195 and the northeasterly
corner of the Four Forty-Three, LTD. Tract (called 20.00
acres)(North 1/2 of Outlot 180), continuing for a total distance of
1569.69 feet to a 1 inch iron pipe found, marking the southeasterly
corner of said 20.00 acre tract, the northeasterly corner of the
Beazer Homes Texas, LP tract (called 19.99 acres)(South 1/2 Outlot
180), recorded in B.C.C.F. No. 2016050422 and an angle point in the
westerly line of the Beazer Homes Texas, LP tract (called 5.40
acres), recorded in B.C.C.F. No. 2016050422 and the most easterly
southeast corner of herein described tract;
THENCE N 70°27'42" W, along and with the common line of said
North1/2 of Outlot 180 and the South 1/2 of Outlot 180, a distance
of 1319.95 feet (called 1320.00 feet) to a 1/2 inch iron rod with
cap stamped "Adams RPLS 3666" found in the easterly line of the Four
Forty-Three, LTD. Tract (called 46.35 acres)(Outlot 175), marking
the common corner of the South1/2 and North 1/2 of Outlet 180 and an
interior corner of herein described tract;
THENCE S 19°29'54" W, along and with the common line of said
46.35 acre tract and said 19.99 acre tract, same being the common
line of Outlot 180 and 175, a distance of 660.47 feet to a 1/2 inch
iron rod with cap stamped "LIA Eng" found in the north line of a 40
foot platted road, recorded in Volume 1, Page 71 and 72 and Volume
3, Page 139 and 140, B.C.P.R., marking the most westerly northwest
corner of said 5.40 acre tract, the southeasterly corner of said
46.35 acre tract and the southwesterly corner of said 19.99 acre
tract and an interior corner of herein described tract;
THENCE N 70°26'20" W, along and with the south line of 46.35
acre tract and the north line of said 40 foot platted road, a
distance of 1321.08 feet to a 1/2 inch iron rod with cap stamped
"Adams RPLS 3666" found in the easterly line of the Four
Forty-Three, LTD. Tract (called 27.7947 acres)(Outlot 174) and the
westerly line of said 40 foot platted road, marking the
southwesterly corner of said 46.35 acre tract and an interior
corner of herein described tract;
THENCE S 19°28'54" W, along and with the common line of said
27.7947 acre tract and westerly line of said 40 foot platted road, a
distance of 1390.63 feet to a TxDot Brass Disk found in the
northwesterly right-of-way (r.o.w.) line of State Highway No. 6
(a.k.a. Morris Avenue)(200' R.O.W.), recorded in B.C.C.F.
No. 2013053500, marking the southeasterly corner of said 27.7947
acre tract and the most southerly southeast corner of herein
described tract;
THENCE N 70°30'10" W, along the northwesterly r.o.w. line of
said State Highway No. 6, a distance of 33.83 feet to a TxDot Brass
Disk found, marking the southeasterly corner of the Russell T. Rudy
and Randall D. Rudy tract (called 18 acres), recorded in Volume
1408, Page 806, B.C.D.R., the southwesterly corner of said 27.7947
acre tract and the most southerly southwest corner of herein
described tract, from which a TxDot Brass Disk found, at the
intersection of easterly r.o.w. line of County Road 82 (a.k.a. Iowa
Lane)(60' R.O.W. as occupied), recorded in B.C.C.F. No. 2006021816
and the northwesterly r.o.w. line of said State Highway No. 6,
marking the southwesterly corner of a 0.217 acre tract, recorded in
B.C.C.F. No. 2013053500 bears, N 70°30'10" W, 365.23 feet;
THENCE N 03°19'19" W, along and with the common line of said
27.7947 acre tract and said 18 acre tract, a distance of 2310.10
feet to a 1/2 inch iron rod with cap stamped "Adams RPLS 3666"
found, marking the northwest corner of said 27.7947 acre tract and
an angle point for corner of herein described tract, from which a
3/4 inch pinched top pipe bears, N 09°17' W, 1.1 feet and from which
an iron rod with cap stamped "Kalkomey" found in the easterly r.o.w.
line of said County Road 82, marking the northwest corner of said 18
acre tract, bears S 87°00'54" W, 328.14 feet and a 5/8 inch iron rod
found in the easterly r.o.w. line of said County Rood 82, marking
the southwest corner of a called 41.4819 acre tract, recorded in
B.C.C.F. No. 2003061748 bears, N 02°13'14" W, 38.07 feet;
THENCE N 86°57'38" E, along and with the north line of said 18
acre tract, a distance of 729.52 feet to a 5/8 inch iron rod with cap
stamped "FMS" set, at the southwest corner of Section 73 and being
in the centerline intersection of two 40 foot platted roads and
being the common corner of said Section 73 and the H.T. & B.
Railroad Company Survey, Section 72, Abstract 460, marking the
southeast corner of the Brazos River Authority tract (called 6.676
acres)(cause no. S4,761A), recorded in Volume 33, Page 154,
district clerk records of Brazoria County, Texas (B.C.D.C.R.), the
southwest corner of the Brazoria County MUD No. 43 Drainage
Easement (called 1.675 acres, recorded in B.C.C.F. No. 2016026159,
the southwest corner of said 9.929 acre tract and an interior corner
of herein described tract;
THENCE N 03°28'57" W, along and with the common line of said
Section 73 and Section 72 and centerline of said 40 foot platted
road, at 40.00 feet pass a point marking the southwest corner of a
0.34 acre tract (Parcel 1) out of said called 41.4819 acre tract,
continuing for a total distance of 2640.38 feet (called 2640.00
feet) to a 1 inch iron pipe found, marking the northwest corner of a
0.25 acre tract (Parcel 2), the northwest corner of said 19.919 acre
tract, the northwest corner of a 3.430 acre drainage easement,
recorded in B.C.C.F. No. 2016026156, the northeast corner of said
Brazos River Authority tract (called 6.676 acres), the southeast
corner of the Brazos River Authority Parcel "D" tract (called 3.18
acres), recorded in Volume 1070, Page 315, B.C.D.R., the southwest
corner of the Brazos River Authority Parcel "B" tract (called 0.61
acres), recorded in Volume 1070, Page 318, B.C.D.R., the southwest
corner of the Brazoria County Municipal Utility District (M.U.D.)
No. 43 Drainage Easement tract (called 1.739 acres), recorded in
B.C.C.F. No. 2016011559 and the common corner of Lots 4 and 5,
Section 73, from which a 1/2 inch iron rod found in the east r.o.w.
line of County Road 82 (a.k.a. Iowa Lane)(60' R.O.W. as occupied),
recorded in B.C.C.F. No. 2006021816, marking the southwest corner
of the Joan Bann eyer tract (called 1.367 acres), recorded in
B.C.C.F. No. 2005003981 and the northwest corner of the Sonmar of
Scottsdale, LLC tract (called 53.948 acres), bears S 86°37'46" W,
900.42 feet;
THENCE N 86°51'03" E, along and with the common line of herein
described tract and said lot 4 and the centerline of a 40 foot
platted road, at 657.75 feet (called 660.00 feet) pass a 3/4 inch
iron pipe found, marking the northeast corner of said 19.919 acre
tract and the southwest corner of the 102929 Brazoria Inc. tract
(called 34.90 acres), recorded in B.C.C.F. No. 2005033429 and being
the common corner of Lots 4, 12, 13 and 5, and at 1973.99 feet
(called 1980.00 feet) pass a 1/4 inch iron pipe found, marking the
southeast corner of said 34.90 acre tract and being the common
corner of Lots 20, 28, 29 and 21, continuing for a total distance of
2632.44 feet (called 2640.00 feet) to a 5/8 inch iron rod with cap
stamped "FMS" found in the west line of a 60 foot American Canal
Company Easement, recorded in Volume 638, Page 127, B.C.D.R.,
marking an interior corner of said remainder of a 433.09 acre tract
and an interior corner of herein described tract and being the
common corner of Lots 28, 36, 37 and 29 of said Section 73;
THENCE N 03°27'06" W, along and with the common line of Lots
28, 36, 27, 35, 26, 34, 25 and 33 and the west line of said 60 foot
American Canal Company Easement, a distance of 2641.03 feet (called
2640.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" found in
the north line of Section 73, the north line of a said 60 foot
American Canal Company Easement, the south line of the Mary V
O'Donnell Survey, Division "O", Abstract 469, recorded in Volume 2,
Page 91 and 92, B.C.P.R. the south line of the John and Edith
Lebourgeois tract (called 6.978 acres), recorded in B.C.C.F.
No. 98-053061, the north line of the Eastbank Bayou, LP tract
(called 19.950 acres), recorded in B.C.C.F. No. 2007022032 and the
centerline of said 40 foot platted road, marking the most northerly
northwest corner of herein described tract and being the common
corner of Lot 25 and 33 of said Section 73, from which a 1/2 inch
iron rod found bears, S 82°35" E, 14.3 feet;
THENCE N 86°50'29" E, along and with the common line of
Section 73, Division "O", the centerline of said 40 foot platted
road and the north line of said 60 foot American Canal Company
Easement, a distance of 659.60' (called 660.00 feet) to the POINT OF
BEGINNING and containing a calculated area of 418.318 acres of
land.
TRACT 2:
A 19.551 acre tract, being all of lots 6 and 12 of the
Mary V. O'Donnell Survey, Division "O", Abstract 469, according to
the map or plat thereof, recorded in Volume 2, Page 91 and 92, of the
plat records of Brazoria County, Texas, and being a part of that
certain tract recorded in Volume 1048, Page 760, B.C.D.R.
TRACT 1 and TRACT 2, together, equal a total area of 437.869
acres.
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
7922A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7922A.0306 to read as
follows:
Sec. 7922A.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, 2021.
* * * * *