Texas 2023 - 88th Regular

Texas House Bill HB5306 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R11853 MP-F
2	2	By: Bell of Montgomery H.B. No. 5306
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Montgomery County Municipal Utility
8	8	District No. 225; 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 8074 to read as follows:
14	14	CHAPTER 8074. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 225
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8074.0101. 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 Montgomery County Municipal
22	22	Utility District No. 225.
23	23	Sec. 8074.0102. 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. 8074.0103. 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. 8074.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8074.0103 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. 8074.0105. 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. 8074.0106. 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. 8074.0201. 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 8074.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8074.0202. 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 8074.0103; 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 8074.0103 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 8074.0103; 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. 8074.0301. 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. 8074.0302. 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. 8074.0303. 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. 8074.0304. 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. 8074.0305. 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	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8074.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8074.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8074.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8074.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 8074.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8074.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8074.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8074.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Montgomery County Municipal Utility District
174	174	No. 225 initially includes all the territory contained in the
175	175	following area:
176	176	Those certain tracts or parcels of land situated in
177	177	Montgomery County, Texas, described as follows, to-wit:
178	178	TRACT 1
179	179	Being a portion of a 298.473 acre tract, conveyed to DJS Land
180	180	Company, LTD et al, as recorded under Clerk’s File No. 8916747 of
181	181	the Official Public Records of Real Property Montgomery County
182	182	(O.P.R.R.P.M.C.), and all of Tract 5, 0.1914 acre, as recorded
183	183	under Clerk’s File No. 2000108801 of the O.P.R.R.P.M.C., the basis
184	184	of bearing is the north right-of-way line of FM 2854 as shown on
185	185	right-of-way map, September 27, 1968:
186	186	BEGINNING at the southeast corner of a 0.0046 acre tract as
187	187	recorded under Clerk’s File No. 2017098941 of the Official Public
188	188	Records Montgomery County, Texas (O.P.R.M.C.), lying in a southerly
189	189	line of said 28.473 acre tract, and a northerly line of State
190	190	Highway 2854 as recorded in Volume 630, Page 609 of the Montgomery
191	191	County Deed Records (M.C.D.R.),
192	192	THENCE (from the 2017098941 deed) NORTH 39 degrees 44 minutes
193	193	08 seconds WEST, 28.29 feet, to a westerly corner of the herein
194	194	described tract, lying in an easterly right-of-way line of
195	195	Southwest Drive as shown on the replat of Southwest Center as
196	196	recorded in Cabinet “I”, Sheet 169 of M.R.M.C.;
197	197	THENCE NORTHERLY along the easterly right-of-way line
198	198	Southwest Drive the following calls, based on the replat of said
199	199	Southwest Center:
200	200	NORTH 07 degrees 32 minutes 17 seconds EAST, 179.20 feet;
201	201	NORTHERLY along a curve to the right, through a central angle
202	202	of 24 degrees 26 minutes 31 seconds, to a point of tangency, said
203	203	curve having a radius of 303.02 feet, an arc length of 129.27 feet;
204	204	NORTH 31 degrees 56 minutes 48 seconds EAST, 317.57 feet;
205	205	NORTHEASTERLY along a curve to the right, through a central
206	206	angle of 06 degrees 08 minutes 31 seconds, to a point of, said curve
207	207	having a radius of 1,793.94 feet, an arc length of 192.31 feet;
208	208	NORTH 36 degrees 07 minutes 19 seconds EAST, 17.54 feet; to
209	209	the north corner of the herein described tract, also being the west
210	210	corner of a 2.273 acre tract and shown on the plat of Southwest
211	211	Center Section 1, as recorded on Cabinet “H” Sheet 126A of the
212	212	M.C.M.R.;
213	213	Thence (from the Southwest Center Section 1) SOUTH 51 degrees
214	214	52 minutes 41 seconds EAST, 484.63 feet, to an easterly corner of
215	215	the herein described tract, lying in a westerly line of Reserve “A”
216	216	of said Southwest Center;
217	217	THENCE (from the Southwest Center Section 1 replat) SOUTH 16
218	218	degrees 14 minutes 36 seconds EAST, 269.68 feet (calculated), with
219	219	and adjoining said westerly line of Reserve “A”, to a southerly line
220	220	of said 298.473 acre tract;
221	221	THENCE (from the Southwest Center Section 1 replat) SOUTH 73
222	222	degrees 32 minutes 51 seconds WEST, 131.63 feet (calculated), with
223	223	and adjoining said southerly line of the 298.473 acre tract;
224	224	THENCE SOUTH 72 degrees 17 minutes 44 seconds WEST, 375.97
225	225	feet (calculated), with and adjoining said southerly line of the
226	226	289.473 acre tract, also being the northeast corner of said 0.1914
227	227	acre tract;
228	228	THENCE (from the 2000-108801 deed) SOUTH 21 degrees 17
229	229	minutes 12 seconds EAST, 80.76 feet, (SOUTH 16 degrees 44 minutes 06
230	230	seconds EAST rotated) with and adjoining the east line of said
231	231	0.1914 acre tract, in the northerly right-of-way line of FM 2854
232	232	(100 feet wide) for the southeast corner of this tract;
233	233	THENCE (from the 2000-108801 deed) SOUTH 89 degrees 13
234	234	minutes 30 seconds WEST, 220.49 feet, (NORTH 86 degrees 13 minutes
235	235	24 seconds WEST rotated), along the northerly right-of-way line of
236	236	FM 2854, to a southerly corner of said 298.473 acre tract;
237	237	THENCE (from the 8916747 deed) NORTH 85 degrees 12 minutes 47
238	238	seconds WEST, 88.59 feet, along a southerly line of said 298.473
239	239	acre tract;
240	240	THENCE NORTH 82 degrees 27 minutes 43 seconds WEST, 26.52
241	241	feet (calculated), along a southerly line of said 298.473 acre
242	242	tract, to the POINT OF BEGINNING, and containing 8.59 acres of land.
243	243	TRACT 2
244	244	Being 178.42 acres of land in the Denward James Survey,
245	245	A-289, Montgomery County, Texas, and being a portion of a 298.473
246	246	acre tract conveyed to DJS Land Company, LTD. A Texas limited
247	247	partnership described in a deed recorded under Clerk’s File No.
248	248	8916747 of the Official Public Records of Real Property, Montgomery
249	249	County, Texas (O.P.R.R.P.M.C.), more fully described as follows:
250	250	BEGINNING at the southwest corner of a 0.0046 acre tract as
251	251	described in Clerk’s File No. 201800316 of the Official Public
252	252	Records of Montgomery County, Texas (O.P.R.M.C.), lying in the
253	253	northerly right-of-way line of FM 2854 as recorded in Volume 630,
254	254	Page 609 of the Montgomery County Deed Records (M.C.D.R.) also
255	255	being a southerly line of said 298.473 acre tract;
256	256	THENCE N 50° 15’ 52” E, 28.28 feet, to a point lying in a
257	257	westerly right-of-way line of Southwest Drive. (width varies), as
258	258	shown on the replat of Southwest Center, as recorded in Cabinet “I”,
259	259	Sheet 169 of the Montgomery County Map Records (M.C.M.R.);
260	260	THENCE along the westerly line of said Southwest Drive the
261	261	following calls:
262	262	N 07° 32’ 17” E, 178.18 feet;
263	263	NORTHERLY along a curve to the right, through a central angle
264	264	of 24° 26' 31", and a radius of 373.02 feet, an arc length of 159.13
265	265	feet, and having a long chord bearing and distance of N 19° 44' 27"
266	266	E, 157.92 feet;
267	267	N 31° 58' 48" E, 317.57 feet;
268	268	NORTHEASTERLY along a curve to the right, through a central
269	269	angle of 06° 08' 31", and a radius of 1,863.94 feet, an arc length of
270	270	199.81 feet, and having a long chord bearing and distance of N 35°
271	271	01' 58" E, 199.71 feet;
272	272	N 38° 07' 19" E, 317.57 feet;
273	273	Northeasterly along a curve to the right, through a central
274	274	angle of 37° 32' 21", and a radius of 833.88 feet, an arc length of
275	275	546.34 feet, and having a long chord bearing and distance of N 56°
276	276	52' 21" E, 536.63 feet;
277	277	N 75° 25' 55" E, 1,017.29 feet;
278	278	Northeasterly along a curve to the left, through a central
279	279	angle of 49° 10' 22", to a point of tangency, said curve having a
280	280	radius of 901.06 feet, an arc length of 773.32 feet, and having a
281	281	long chord bearing and distance of N 50° 48' 41" E, 749.80 feet;
282	282	N 26° 13' 30" E, 289.81 feet, to the southeast corner of
283	283	Unrestricted Reserve “A” as shown on the plat of Towne Center as
284	284	recorded in Cabinet “J”, Sheet 67 of the M.C.M.R.
285	285	Along the north and west lines according to the deed recorded
286	286	under File No. 8916747, the following calls:
287	287	THENCE N 63° 29' 31" W, 139.16 feet, with and adjoining the
288	288	southerly line of said Unrestricted Reserve “A”, to a northerly
289	289	corner of the herein described tract;
290	290	THENCE: N 63° 41’ 09” W, 812.35 ft. along the Southwest line
291	291	of the Moran tract to a 3/8” iron rod for corner in the South line of
292	292	the B. M. Hill tract;
293	293	THENCE: S 74° 09’ 16” W, 217.47 ft. to a concrete monument for
294	294	the Hill Southwest corner and the southeast corner of the Parkwest
295	295	Subdivision;
296	296	THENCE: S 73° 59’ 37” W, 179.31 ft. and S 73° 59’ 47” W, 1185.0
297	297	ft. along the South line of Parkwest Subdivision to its Southwest
298	298	corner and the Southeast corner of Woodbranch Subdivision, an axle
299	299	found for corner;
300	300	THENCE: S 74° 29’ 30” W, 506.30 ft. to a 1/2” iron pipe found
301	301	in the South line of the Parkwest Subdivision;
302	302	THENCE S 74° 18’ 28” W, 249.66 ft. to a concrete monument
303	303	found in the South line of the Parkwest Subdivision;
304	304	THENCE: S 74° 11’ 06” W, 374.74 ft. along the South line of the
305	305	Parkwest Subdivision to a stake for corner;
306	306	THENCE: S 73° 43’ 55” W, 1607.01 ft. to an angle iron found for
307	307	the Southwest corner of the W. F. Newton tract;
308	308	THENCE: S 76° 399’ 39” W, 275.49 ft. to a 3/4” iron pipe for
309	309	the Southwest corner of the Abe Brown tract and the Southeast corner
310	310	of the C. Brown tract;
311	311	THENCE: S 74° 54’ 18” W, 181.95 ft. to a broken concrete
312	312	monument;
313	313	THENCE: S 74° 23’ 44” W, 185.32 ft. to a 1/2” iron rod found
314	314	for corner;
315	315	THENCE: S 15° 45’ 29” E, 1167.80 ft along the Madeley East
316	316	line to a 5/8” iron rod for corner in the North right of way line of
317	317	F. M. Highway 2854;
318	318	THENCE: Along the North line of F. M. 2854:
319	319	1) S 81° 45’ 48” E, 469.90 ft;
320	320	2) S 85° 16’ 23” E, 769.62 ft.;
321	321	3) S 79° 32’ 37” E, 201.0 ft.;
322	322	4) S 85° 15’ 15” E, 699.03 ft.;
323	323	5) S 88° 04’ 37” E, 201.22 ft.;
324	324	6) S 85° 18’ 46” E, 199.38 ft.;
325	325	7) S 82° 27’ 43” E, 63.06 ft, to the place of beginning and
326	326	containing a calculated 178.42 acres of land.
327	327	TRACT 3
328	328	Approximately 57.15 acres of land out of the north one-half
329	329	of the Denward James Survey, Montgomery County, Texas, more
330	330	particularly described by metes and bounds, as follows:
331	331	BEGINNING at a 1/2 inch iron pipe on the south right-of-way
332	332	line of the GC&SF Railway, being 100 feet at right angles from the
333	333	center line of said railroad and being also at the northeast corner
334	334	of the 75 acre tract formerly belonging to J. Smith;
335	335	THENCE down the south line of said right-of-way on a curve to
336	336	the left with chords as follows: s. 78 degrees, 03 minutes East
337	337	450.9 feet; South 82 degrees, 33 minutes East 432.6 feet to the
338	338	approximate P.T.;
339	339	THENCE continuing down the said right-of-way South 85
340	340	degrees, 05 minutes East 2855.3 feet to a point on the middle line
341	341	of the said D. James survey, a point for corner;
342	342	THENCE South 74 degrees, 39 minutes West along the said
343	343	middle line of the D. James survey 3818.5 feet to the Southeast
344	344	corner of the said Smith tract;
345	345	THENCE North 1 degree, 20 minutes West along the East line of
346	346	the said Smith tract 1405.3 feet to the PLACE OF BEGINNING and
347	347	containing 57.15 acres of land, more or less.
348	348	TRACT 4
349	349	The surface estate and only the surface estate of 12.74
350	350	acres, more or less, in the Denward James Survey, Abstract 289,
351	351	Montgomery County, Texas, and being the same land described in the
352	352	Deed executed by Doyle Tow dated July 24, 1963, recorded in Volume
353	353	546, Page 67, Deed Records, Montgomery County, Texas, as shown
354	354	below.
355	355	BEGINNING at the N.W. corner of the Dan Madeley 10 acre tract
356	356	for the most westerly S. W. corner of this tract, and situated in
357	357	the E.B.L. of the C. J. Cartwright tract 1-1/21" I. pipe for corner;
358	358	THENCE N. 00° 181 E. 174.o ft. with the dividing line of this
359	359	tract and the Cartwright tract to a 211 I. Rod for the most westerly
360	360	N.W. corner of this tract;
361	361	THENCE N. 74° 22' E., 437.0 ft. with the dividing line of this
362	362	tract and the Keppler tract to fence post for corner and situated in
363	363	the South R.O.W. line of the A.C. & S.F. R.R.;
364	364	THENCE 100 ft. South of and parallel with the South R.O.W.
365	365	line of A.C. & S. F. R.R. with the following calls, to-wit:
366	366	S. 62° 59' E., 203.5 ft.;
367	367	S. 65° 09' E., 203.5 ft.;
368	368	S. 67° 05' E., 203.5 ft.
369	369	S. 69° 07’ E., 203.5 ft.;
370	370	S. 71° 13’ E., 203.5 ft.;
371	371	S. 72° 59’ E., 203.5 ft.
372	372	S. 75° 33’ E., 111.8 ft. for an over all distance of 1332.8 ft.
373	373	to fence post for the N.E. corner of this tract and situated in the
374	374	W.B.L. of a County Road;
375	375	THENCE S.00° 52’ W., 198.7 ft. with the dividing line of this
376	376	tract and the West R.O.W. line of a County Road to I. Pipe for the
377	377	S.E. corner of this tract;
378	378	THENCE N. 89° 08’ W., 940.0 ft. with the dividing line of this
379	379	tract and the J. W. Dinkins 16.00 acre tract to an I. Pipe for the
380	380	most Easterly s.w. corner of this tract, same being the N. W. corner
381	381	of the Dinkins 16.00 acre tract and situated in the E.B.L. of the
382	382	Madeley 10. acre tract;
383	383	THENCE N. 00° 321 W., 188.5 ft. with the dividing line of this
384	384	tract and the said Madeley tract to a 1-1/2" I.P. for an inner
385	385	corner of this tract, same being the N.E. corner of the Madeley
386	386	tract;
387	387	THENCE N. 75° 171 W. 747 ft. with the dividing line of this
388	388	tract and the Madeley tract to the place of beginning, and to
389	389	contain 12.74 acres of land, more or less, being the same property
390	390	described in that certain Deed dated May 15, 1963, from J. W.
391	391	Dinkins to Doyle Tow, recorded in Volume 542, Page 20, Deed Records,
392	392	Montgomery County, Texas.
393	393	This document was prepared under 22 Texas Administrative Code §
394	394	138.95, does not reflect the results of an on the ground survey,
395	395	and is not to be used to convey or establish interests in real
396	396	property except those rights and interests implied or established
397	397	by the creation or reconfiguration of the boundary of the political
398	398	subdivision for which it was prepared.
399	399	TRACT 5
400	400	BEING a 10.09 acre tract of land situated in the Denward James
401	401	Survey, Abstract No. 289, Montgomery County, Texas, and being that
402	402	same called 10-acre tract described in deed to Etta Margaret
403	403	Madeley Hill and Billy Sue Henna recorded under Clerk's File No.
404	404	9809486 of the Real Property Records of Montgomery County, Texas,
405	405	said 10.09 acre tract of land being more particularly described as
406	406	follows:
407	407	BEGINNING at a 1-1/2 inch iron pipe found for the
408	408	northwesterly corner of the herein described tract and
409	409	southwesterly corner of a called 12.74 acre Tract 1 described in
410	410	deed to HAMARCO LTD. recorded under Clerk's File No. 9625877 of said
411	411	Real Property Records;
412	412	THENCE with the upper 'southerly line of said HAMARCO 12.47
413	413	acre tract South 75° 27' 33" East a distance of 743.98 feet to a
414	414	1-1/2 inch iron pipe found for corner;
415	415	THENCE with the lower westerly line of said 12.74 acre tract
416	416	South 01° 36' 15" East a distance of 189.3ff feet to a 1/2 inch iron
417	417	pipe found for the northwesterly corner of a 15.955 acre tract
418	418	described in deed to Larry Steve Taylor recorded under Clerk's File
419	419	No., 8013113 of said Real Property Records;
420	420	THENCE with the interior westerly line of said 15.955 acre
421	421	tract South 00° 39' 02" East a distance of 319.07 feet to a 3/4 inch
422	422	iron pipe found for corner;
423	423	THENCE with a northerly line of said 15.955 acre tract South
424	424	88°18' 37" West a distance of 716.88 feet to a 1 inch iron pipe found
425	425	in the easterly line of a called 131.71 acre Tract 3 described in
426	426	said deed to HAMARCO INC. recorded under Clerk's File No. 9625877;
427	427	THENCE with the easterly line of said 131.71 acre Tract 3
428	428	North 01°00' 00" West a distance of 716.39 feet to the POINT OF
429	429	BEGINNING, and containing a computed area of 10.09 acres of land
430	430	within this Field Note Description.
431	431	TRACT 6
432	432	A tract or parcel of land containing 64.52 acres out of the
433	433	Denward James Survey, Abstract No. 289, Montgomery County, Texas,
434	434	being a portion of a 131.71 acre tract, conveyed to DJS Land
435	435	Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of
436	436	the Official Public Records of Real Property Montgomery County
437	437	(O.P.R.R.P.M.C.), said 64.52 acres being more particularly
438	438	described by metes and bounds as follows, the basis of bearing is
439	439	the deed call for the northerly line said 131.71 acre tract:
440	440	THENCE South 1 degree 00 minute 00 second East, 832.9 varas
441	441	(2,313.62 feet called), (2,281.10 feet calculated), along the
442	442	common boundary line with the John Smith Tract to the southwest
443	443	corner of the John Smith Tract;
444	444	THENCE South 75 degrees 15 minutes 13 seconds West, 1,631.85
445	445	feet, along the south line of said 131.71 acre tract, to the
446	446	easterly right-of-way line of Loop 336 acquisition, as recorded
447	447	under Clerk’s File No. 8645929 of the Official Public Records of
448	448	Real Property Montgomery County, Texas (O.P.R.R.P.M.C.), and being
449	449	the southwest corner of the herein described tract, and the
450	450	southeast corner of the 1.339 acre right-of-way description;
451	451	THENCE along the easterly line of Loop 336 based on deed
452	452	recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the
453	453	following calls:
454	454	Northerly along a curve to the right, through a central angle
455	455	of 34 degrees 12 minutes 12 seconds, to a westerly corner of the
456	456	herein described tract, said curve having a radius of 2,764.93
457	457	feet, an arc length of 1,650.56 feet, and a long chord gearing and
458	458	distance of North 12 degrees 19 minutes 56 seconds East, 1,626.16
459	459	feet;
460	460	North 29 degrees 47 minutes 36 seconds EAST (called), (North
461	461	32 degrees 25 minutes 21 seconds East calculated), 290.92 feet
462	462	along said easterly right-of-way line of Loop 336, to a westerly
463	463	corner of the herein described tract;
464	464	Northeasterly along a curve to the left, with and adjoining
465	465	said easterly right-of-way line of Loop 336, through a central
466	466	angle of 01 degree 41 minutes 42 seconds, to a westerly corner of
467	467	the herein described tract, said curve having a radius of 5,180.38
468	468	feet, an arc length of 153.26 feet, and a long chord bearing and
469	469	distance of North 25 degrees 22 minutes 02 seconds East (called),
470	470	(North 27 degrees 59 minutes 47 seconds East (calculated), 153.25
471	471	feet;
472	472	North 65 degrees 28 minutes 49 seconds West (called), (North
473	473	62 degrees 51 minutes 04 seconds West calculated), 15.00 feet,
474	474	along easterly right-of-way line of Loop 336, to a non-tangent
475	475	curve and westerly corner of the herein described tract;
476	476	Northeasterly along a curve to the left, through a central
477	477	angle of 01 degree 16 minutes 06 seconds, to a westerly corner of
478	478	the herein described tract, also being the southerly corner of a
479	479	0.657 acre Loop 336 right-of-way acquisition as recorded under
480	480	Clerk’s File No 9007438 of the O.P.R.R.P.M.C., said curve having a
481	481	radius of 5,126.33 feet, an arc length of 113.48 feet, and a long
482	482	chord bearing and distance of North 26 degrees 31 minutes 01 seconds
483	483	East (calculated), 113.48 feet;
484	484	THENCE along the easterly line of Loop 336 based on deed
485	485	recorded under Clerk’s File No. 90074389 of the O.P.R.R.P.M.C. the
486	486	following calls
487	487	North 26 degrees 57 minutes 15 seconds East (called), (North
488	488	29 degrees 35 minutes 24 seconds East calculated), 5.27 feet, along
489	489	said easterly right-of-way line of Loop 336, to a westerly corner of
490	490	the herein described tract;
491	491	Northeasterly along a curve to the left, with and adjoining
492	492	said easterly right-of-way line of Loop 336, through a central
493	493	angle of 04 degrees 12 minutes 19 seconds, to a westerly corner of
494	494	the herein described tract, said curve having a radius of 2,822.59
495	495	feet, an arc length of 207.17 feet, and having a long chord bearing
496	496	and distance of North 31 degrees 41 minutes 34 seconds East, 207.12
497	497	feet;
498	498	North 31 degrees 09 minutes 34 seconds E (called), North 33
499	499	degrees 47 minutes 43 seconds East calculated), 186.70 feet, with
500	500	and adjoining said easterly line of Loop 3366, to a non-tangent
501	501	curve and westerly corner of the herein described tract;
502	502	Northeasterly along a curve to the left, through a central
503	503	angle of 03 degrees 22 minutes 56 seconds, to the northwest corner
504	504	of the herein described tract, also being the northeast corner of
505	505	said 0.657 acre acquisition tract, said curve having a radius of
506	506	2,922.59 feet, an arc length of 172.52, and having a long chord
507	507	bearing an distance of North 32 degrees 06 minutes 15 seconds East,
508	508	172.50 feet;
509	509	THENCE North 74 degrees 17 minutes 00 second East, 567.51
510	510	feet, to the POINT OF BEGINNING, and containing 64.52 acres of land,
511	511	more or less. Based on an on-the-ground survey conducted on October
512	512	20, 2022.
513	513	TRACT 7
514	514	A tract or parcel of land containing 48.0 acres out of the
515	515	Denward James Survey, Abstract No. 289, Montgomery County, Texas,
516	516	being a portion of a 131.71 acre tract, conveyed to DJS Land
517	517	Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of
518	518	the Official Public Records of Real Property Montgomery County
519	519	(O.P.R.R.P.M.C.), said 48.0 acres being more particularly
520	520	described by metes and bounds as follows, the basis of bearing is
521	521	the deed call for the northerly line said 131.71 acre tract:
522	522	COMMENCING at the northeast corner of said 131.71 acre tract,
523	523	lying in the north line of the Denward James Survey;
524	524	THENCE South 74 degrees 17 minutes 00 second West, with and
525	525	adjoining the north line of said 131.71 acre tract also being the
526	526	north line of the Denward James Survey, at 567.51 feet, passing the
527	527	east right-of-way line of Loop 336 as recorded under Clerk’s File
528	528	No. 9007438 of the O.P.R.R.P.M.C., and continuing a total distance
529	529	of 1,025.45 feet (calculated), to the POINT OF BEGINNING and
530	530	northeast corner of the herein described tract, also being the
531	531	northwest corner of a loop 336, 0.738 ac acquisition parcel as
532	532	recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C.;
533	533	THENCE along the westerly line of Loop 336 based on deed
534	534	recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C. the
535	535	following calls:
536	536	South 15 degrees 19 minutes 54 seconds West, 292.67 feet, to a
537	537	found TxDOT monument;
538	538	Southerly along a curve to the right, through a central angle
539	539	of 05 degrees 06 minutes 38 seconds, to the south corner of said
540	540	0.738ac acquisition tract, lying in a westerly line of a 1.664 acre
541	541	right-o-way acquisition tract as recorded under Clerk’s File No.
542	542	8645929 of the O.P.R.R.P.M.C., said curve having a radius of
543	543	2,822.83 feet, an arc length of 251.79 feet, and a long chord
544	544	bearing and distance of South 20 degrees 31 minutes 48 seconds West,
545	545	251.70 feet;
546	546	THENCE along the westerly line of Loop 336 based on deed
547	547	recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the
548	548	following calls:
549	549	South 25 degrees 46 minutes 19 seconds West 255.96 feet;
550	550	Southwesterly along a curve to the left, through a central
551	551	angle of 14 degrees 47 minutes 00 second, to a found 5/8-inch iron
552	552	rod for an easterly corner of the herein described tract, said curve
553	553	having a radius of 2,964.93 feet, an arc length of 765.01 feet, and
554	554	having a long chord bearing and distance of South 24 degrees 41
555	555	minutes 21 seconds West, 762.89 feet;
556	556	North 75 degrees 20 minutes 59 seconds West, 10.00 feet, to a
557	557	found 5/8-inch iron rod;
558	558	Southerly along a curve to the left, through a central angle
559	559	of 20 degrees 16 minutes 31 seconds to the southeast corner of said
560	560	1.664 acre acquisition tract, said curve having a radius of
561	561	2,974.93 feet, an arc length of 1,052.73 feet, and having a long
562	562	chord bearing and distance of South 07 degrees 09 minutes 35 seconds
563	563	West, 1,047.25 feet;
564	564	THENCE South 74 degrees 50 minutes 24 seconds West, 1,330.16
565	565	feet, at 1,058.77 feet, passing a found 5/8-inch iron rod, along the
566	566	southerly line of said 131.31 acre tract, to a southwest corner of
567	567	the herein described tract;
568	568	THENCE North 27 degrees 54 minutes 46 seconds East, 279.89
569	569	feet, to a westerly corner of the herein described tract;
570	570	THENCE North 66 degrees 31 minutes 59 seconds East, 465.28
571	571	feet, to a westerly corner of the herein described tract;
572	572	THENCE North 41 degrees 46 minutes 54 seconds East, 404.13
573	573	feet, to a westerly corner of the herein described tract;
574	574	THENCE North 00 degree 11 minutes 45 seconds West, 293.64
575	575	feet, to a westerly corner of the herein described tract;
576	576	THENCE North 34 degrees 26minutes 10 seconds West, 139.65
577	577	feet, to a westerly corner of the herein described tract;
578	578	THENCE North 45 degrees 40 minutes 37 seconds West, 317.65
579	579	feet, to a westerly corner of the herein described tract;
580	580	THENCE North 78 degrees 31 minutes 11 seconds West, 135.42
581	581	feet, to a westerly corner of the herein described tract;
582	582	THENCE North 37 degrees 54 minutes 16 seconds West, 102.05
583	583	feet, to a westerly corner of the herein described tract;
584	584	THENCE North 13 degrees 54 minutes 22 seconds East, 113.49
585	585	feet, to a westerly corner of the herein described tract;
586	586	THENCE North 60 degrees 27 minutes 57 seconds East, 190.37
587	587	feet, to a westerly corner of the herein described tract;
588	588	THENCE North 44 degrees 31 minutes 09 seconds East, 371.18
589	589	feet, to a westerly corner of the herein described tract;
590	590	THENCE North 25 degrees 01 minute 17 seconds East, 208.41
591	591	feet, to a westerly corner of the herein described tract;
592	592	THENCE North 07 degrees 59 minutes 22 seconds West, 92.95
593	593	feet, to a westerly corner of the herein described tract;
594	594	THENCE North 07 degrees 53 minutes 51 seconds East, 272.81
595	595	feet, to a westerly corner of the herein described tract, lying in
596	596	said northerly of the 131.41 acre tract and the northerly line of
597	597	the Denward James Survey;
598	598	THENCE North 74 degrees 17 minutes 00 second East, 1,197.41
599	599	feet, with and adjoining said northerly line of the 131.41 acre
600	600	tract, to the POINT OF BEGINNING, and containing 47.92 acres more or
601	601	less. Based on an on-the-ground survey conducted on October 20,
602	602	2022.
603	603	SECTION 3. (a) The legal notice of the intention to
604	604	introduce this Act, setting forth the general substance of this
605	605	Act, has been published as provided by law, and the notice and a
606	606	copy of this Act have been furnished to all persons, agencies,
607	607	officials, or entities to which they are required to be furnished
608	608	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
609	609	Government Code.
610	610	(b) The governor, one of the required recipients, has
611	611	submitted the notice and Act to the Texas Commission on
612	612	Environmental Quality.
613	613	(c) The Texas Commission on Environmental Quality has filed
614	614	its recommendations relating to this Act with the governor, the
615	615	lieutenant governor, and the speaker of the house of
616	616	representatives within the required time.
617	617	(d) All requirements of the constitution and laws of this
618	618	state and the rules and procedures of the legislature with respect
619	619	to the notice, introduction, and passage of this Act are fulfilled
620	620	and accomplished.
621	621	SECTION 4. (a) If this Act does not receive a two-thirds
622	622	vote of all the members elected to each house, Subchapter C, Chapter
623	623	8074, Special District Local Laws Code, as added by Section 1 of
624	624	this Act, is amended by adding Section 8074.0306 to read as follows:
625	625	Sec. 8074.0306. NO EMINENT DOMAIN POWER. The district may
626	626	not exercise the power of eminent domain.
627	627	(b) This section is not intended to be an expression of a
628	628	legislative interpretation of the requirements of Section 17(c),
629	629	Article I, Texas Constitution.
630	630	SECTION 5. This Act takes effect immediately if it receives
631	631	a vote of two-thirds of all the members elected to each house, as
632	632	provided by Section 39, Article III, Texas Constitution. If this
633	633	Act does not receive the vote necessary for immediate effect, this
634	634	Act takes effect September 1, 2023.