88R15042 LRM-F
By: Bailes H.B. No. 5323
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Liberty County Municipal Utility
District No. 12; 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 7977A to read as follows:
CHAPTER 7977A. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 12
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7977A.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 Liberty County Municipal
Utility District No. 12.
Sec. 7977A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7977A.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. 7977A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7977A.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 as required by
applicable law.
Sec. 7977A.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. 7977A.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. 7977A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7977A.0202, directors
serve staggered four-year terms.
Sec. 7977A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, 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 temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7977A.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 7977A.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 7977A.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. 7977A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7977A.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. 7977A.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. 7977A.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. 7977A.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.
Sec. 7977A.0306. DIVISION OF DISTRICT. (a) The board, on
its own motion or on receipt of a petition signed by the owner or
owners of a majority of the assessed value of the real property in
the district, may adopt an order dividing the district.
(b) An order dividing a district may create one or more new
districts and may provide for the continuation of the district.
(c) An order dividing the district shall:
(1) name any new district;
(2) include the metes and bounds description of the
territory of each of the districts;
(3) appoint temporary directors for any new district;
and
(4) provide for the division of assets and liabilities
between the districts.
(d) The board may adopt an order dividing the district
before or after the date the board holds an election to confirm the
district's creation.
(e) The district may be divided only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(f) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(i) A new district created by the division of the district
shall hold a confirmation and directors' election.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(k) A new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(l) The district may continue to rely on confirmation,
directors', bond, or tax elections held prior to the division.
(m) Municipal consent to the creation of the district and to
the inclusion of land in the district acts as municipal consent to
the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7977A.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
7977A.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. 7977A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7977A.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. 7977A.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. 7977A.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. 7977A.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. 7977A.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 Liberty County Municipal Utility District
No. 12 initially includes all the territory contained in the
following area:
TRACT 1 - 460.66 Acres
480.66 ACRES OF LAND, SITUATED IN THE F.J. C. SMILEY SURVEY,
ABSTRACT 345, LIBERTY COUNTY, TEXAS, BEING A PART OF THAT CERTAIN
590.04 ACRE TRACT DESCRIBED AS TRACT THREE IN A DEED FROM
INTERNATIONAL PAPER REALTY CORPORATION TO COPPER STATION HOLDINGS,
LLC RECORDED IN LIBERTY COUNTY CLERK'S FILE 2005004984, SAID 480.66
ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at a concrete monument stamped "CP&F L-160" found
for the lower Northwest corner of the herein described tract at an
ell corner of said 590.04 acre tract, the Northeast corner of
Tarkington Acres, according to the Plat recorded in Volume 8, Page
21, Liberty County Map Records, and the Southeast corner of a 68.0
acre tract described in a deed to William L. Bailey recorded in
Liberty County Clerk's File 2005016474;
Thence North 53 deg. 34 min. 28 sec. East, along the Southeast
line of the Bailey tract, a distance of 2533.94 feet to 1/2 inch
iron rod found for a corner of said Bailey tract;
Thence North 04 deg. 56 min. 54 sec. West, along the East line
of the Bailey tract, at 60.20 feet pass a 1 inch iron bar found at
the Northeast corner of the Bailey tract, being a corner of said
590.04 acre tract and the Southeast corner of the David L. Muck 10.0
acre tract described in clerk's File 2005003535, continue along the
West line of said 590.04 acre tract, at 1024.62 feet pass a 1/2 inch
iron rod set in the South right-of-way line of County Road 2184,
from which point a 3/8 inch iron rod found at a fence corner bears
North 70 deg. 46 min. 06 sec. East - 35.44 feet, and continue for a
total distance of 1050.63 feet to a 60d nail set for the upper
Northwest corner of the herein described tract in the centerline of
County Road 2184, said point being the southwest corner of the
Kaitlyn Hanka 42.87 acre tract described in Clerk's File
2005016201;
Thence North 70 deg. 39 min. 07 sec. East, along the
centerline of County Road 2184, with the Southerly line of the Hanka
tract, a distance of 873.25 feet to an angle point;
Thence North 70 deg. 09 min. 40 sec. East, along the
centerline of County Road 2184, with the Southerly line of the Hanka
tract, a distance of 376.40 feet to an angle point;
Thence North 68 deg. 18 min. 24 sec. East, along the
centerline of County Road 2184, with the southerly line of the Hanka
tract, a distance of 110.56 feet to an angle point;
Thence North 65 deg. 24 min. 12 sec. East, along the
centerline of County Road 2184, with the Southerly line of the Hanka
tract, a distance of 50.58 feet to an angle point;
Thence North 63 deg. 57 min. 20 sec. East, along the
centerline of County Road 2184, with the southerly line of the Hanka
tract, a distance of 51.05 feet to an angle point;
Thence North 61 deg. 43 min. 32 sec. East, along the
centerline of County Road 2184, with the southerly line of the Hanka
tract, a distance of 6.88 feet to an angle point;
Thence North 60 deg. 11 min. 45 Sec. East, along the
centerline of County Road 2184, with the Southerly line of the Hanka
tract, a distance of 153.55 feet to an angle point;
Thence North 59 deg. 30 min. 01 sec. East, along the
centerline of County Road 2184, with the Southerly line of the Hanka
Tract, a distance of 162.45 feet to a point marking the Northeast
corner of the herein described tract at the southeast corner of the
Hanka tract, in the East line of the aforementioned 590.04 acre
tract;
Thence South 03 deg. 33 min. 57 sec. East, along the East line
of said 590.04 acre tract, at 37.18 feet pass an axle found, and
continue along the West line of the Sean Hardy Nelson 26.341 acre
tract described in Clerk's File 2005004844, the Billy E. Fly 6.0
acre tract described in Clerk's File 2006014900, the Foster Jay
Nelson tract described in Clerk's File 2005013371, which line is
the West line of the Nelson 99.4 acre tract and the Nelson 100 acre
tract, and continue for a total distance of 4946.17 feet to an axle
found for angle point;
Thence South 01 deg. 57 min. 20 sec. East (call South 01 deg.
56 min. 23 sec. East), along the West line of the J. F. McAdams tract
described in Volume 314, Page 579, Deed Records, a distance of
1850.26 feet (call 1849.98 feet) to a concrete monument found at the
Southeast corner of said 590.04 acre tract and the Northeast corner
of Oak Shadows Subdivision, according to the Plat recorded in
Volume 8, Page 59, Liberty County Map Records;
Thence South 87 deg. 22 min. 40 sec. West (call south 87 deg.
27 min. 25 sec. West), along the South line of said 590.04 acre
tract and the North line of Oak Shadows Subdivision, passing
several 1/2 inch iron rods found generally on line, a distance of
3938.18 feet (call 3937.67 feet) to a concrete monument found at the
Southwest corner of said 590.04 acre tract and the Northwest corner
of Oak Shadows Subdivision, in the East line of the Charles Stetson,
Jr. tract described in Volume 961, Page 191, Deed Records;
Thence North 02 deg. 13 min. 16 sec. West, along the West line
of said 590.04 acre tract and the East line of the Stetson tract,
the East line of the Kenneth O'Brien, Jr. tract described in Volume
1985, Page 875, Official Records, and the East line of Tarkington
Acres, passing several 1/2 inch iron rods found generally on line, a
distance of 3698.88 feet to the PLACE OF BEGINNING and containing
480.66 acres of land and being the same land described in Liberty
County Clerk's File 2007004426.
TRACT 2 - 253.23 Acres
253.23 acres of land situated in the F.J.C. Smiley League,
Abstract Number 345, Liberty County, Texas, being a portion of that
certain called 576.84 acres of land described in deed recorded
under Volume 314, Page 579 of the Deed Records of Liberty County,
Texas, being all of that certain called 10.0274 acres of land
described in deed recorded under Volume 670, Page 365 of the Deed
Records of Liberty County, Texas and all of that certain called 2.6
acres of land described in deed recorded under Volume 561, Page 565
of the Deed Records of Liberty County, Texas, said 253.23 acres of
land being more particularly described by metes and bounds as
follows:
COMMENCING at a concrete monument found for the Northwesterly
corner of that certain Oak Shadows Subdivision, a subdivision as
shown on map or plat recorded under Volume 8, Page 59 of the Map
Records of Liberty County, Texas and the southwesterly corner of
that certain called 480.66 acres of land described in deed recorded
in the Official Public Records of Real Property of Liberty County,
Texas, under County Clerk's File Number 2016007160;
Thence, N 89°47'00" E, along the Northerly line of said Oak
Shadows Subdivision and the southerly line of said 480.66 acre
tract, a distance of 3,938.29 feet to a concrete monument found in
the Westerly line of said 576.84 acre tract, for the northeasterly
corner of said Oak Shadows Subdivision, the southeasterly corner of
said 480.66 acre tract and the POINT OF BEGINNING of the herein
described tract of land;
Thence, N 00°26'34" E, along the easterly line of said 480.66
acre tract, a distance of 1,850.33 feet to an axle found for the
southwesterly corner of that certain 3.1 acre tract described in
deed recorded under Volume 559, Page 113 of the Deed Records of
Liberty County, Texas;
Thence, S 89°52'31" E, along the southerly line of said 3.1
acre tract, a distance of 2,073.84 feet to an axle found in the
southerly line of said 3.1 acre tract;
Thence, N 00°39'46" W, along the easterly line of said 3.1
acres, an easterly line of that certain called 99.4 acres of land
described in deed recorded in the Official Public Records of Real
Property of Liberty County, Texas, under County Clerk's File Number
20005013371 and along the Westerly line of said 2.6 acre tract, a
distance of 1,939.12 feet to a 5/8 inch iron rod with cap set for an
interior corner of said 99.4 acre tract and the northwesterly
corner of said 2.6 acre tract;
Thence, N 88°59'50" E, along a southerly line of said 99.4
acre tract, a distance of 60.00 feet to an axle found for the
southwesterly corner of that certain called 23.6084 acres of land
described in deed recorded in the Official Public Records of Real
Property of Liberty County, Texas, under County Clerk's File Number
2006009319 and the northwesterly corner of that certain called
24.628 acres of land described in deed recorded in the Official
Public Records of Real Property of Liberty County, Texas, under
County Clerk's File Number 2016001692;
Thence, S 00°38'29" E, along the westerly line of said 24.628
acre tract, a distance of 1,400.66 feet to an axle found for the
southwesterly corner of said 24.628 acre tract and the
northwesterly corner of that certain called 8.8163 acres of land
described in deed recorded under Volume 1906, Page 167 of the Deed
Records of Liberty County, Texas;
Thence, S 00°43'07" E, along the westerly line of said 8.8163
acre tract, a distance of 236.36 feet to a 5/8 inch iron rod with cap
set for the southwesterly corner of said 8.8163 acre tract and the
northwesterly corner of said 10.0274 acre tract;
Thence, N 89°09'16" E, along the Southerly line of said 8.8163
acre tract, a distance of 1,777.39 feet to a 3/4 inch iron rod found
in a westerly line of that certain called 1090.0 acres of land
described in deed recorded under volume 1957, Page 554 of the Deed
Records of Liberty County, Texas, for the southeasterly corner of
said 8.8163 acre tract.
Thence, along a westerly line of said 1090.0 acre tract, the
following courses and distances:
S 63°06'14" E, a distance of 27.94 feet to a point of curvature
to the right;
In a southeasterly direction, with said curve to the right,
having a central angle of 39°51'52", an arc length of 183.13 feet, a
radius of 263.21 feet, a chord bearing of S 43°10'18" E and a chord
distance of 179.46 feet to a point of tangency;
S 23°14'22" E, a distance of 92.72 feet to a 3/4 inch iron rod
in concrete found in the Northerly line of that certain called 12
acres of land described in deed recorded in the Official Public
Records of Real Property of Liberty County, Texas, under County
Clerk's File Number 2016012578 for the Southeasterly corner of said
10.0274 acre tract and a westerly corner of said 1090.0 acre tract;
Thence, N 89°35'31" W, along the northerly line of said 12
acre tract, a distance of 269.19 feet to a 3/4 inch iron rod found
for the Northwesterly corner of said 12 acre tract;
Thence, S 01°19'18" E, along the westerly line of said 12 acre
tract and the Westerly line of that certain called 12 acres of land
described in deed recorded under Volume 1268, Page 315 of the Deed
Records of Liberty County, Texas, at 676.67 feet pass a 3/4 inch
iron rod found for the Southwesterly corner of said 12 acre tract
recorded under Liberty County Clerk's File Number 2016012578 and
the Northwesterly corner of said 12 acre tract recorded under
Volume 1268, Page 315 of the Deed Records of Liberty County, in all
a total distance of 1,375.17 feet to a 5/8 inch iron rod with cap set
for the Southwesterly corner of said 12 acre tract recorded under
Volume 1268, Page 315 of the Deed Records of Liberty County;
Thence, S 89°45'33" E, along the Southerly line of said 12
acre tract recorded under Volume 1268, Page 315 of the Deed Records
of Liberty County, a distance of 772.79 feet to a 5/8 inch iron rod
with cap set in the Westerly line of that certain called 14.1112
acres of land described in deed recorded in the Official Public
Records of Real Property of Liberty County, Texas, under County
Clerk's File Number 2015002555, for the Southeasterly corner of
said 12 acre tract recorded under Volume 1268, Page 315 of the Deed
Records of Liberty County;
Thence, S 02°39'07" E, along the Westerly line of said 14.1112
acre tract, a distance of 436.62 feet to a railroad tie found for
the Northwesterly corner of that certain called 65 acres of land
described in deed recorded under Volume 1268, Page 315 of the Deed
Records of Liberty County, Texas and the Southwesterly corner of
said 14.1112 acre tract;
Thence, S 01°29'49" E, along the Westerly line of said 65 acre
tract and partially along the Westerly line of that certain called 5
acres of land described in deed recorded under Volume 1268, Page 315
of the Deed Records of Liberty County, Texas, a distance of 1,273.11
feet to a 1-1/2 inch iron pipe found in Southerly line of that
certain 200' Gulf States Utilities Company Right-of-way Easement
recorded under Volume 648, Page 606 of the Deed Records of Liberty
County, Texas and the Westerly line of said 5 acre tract;
Thence, N 76°56'31" W, along the Southerly line of said 200'
Gulf States Utilities Company Right-of-way Easement, a distance of
4,818.85 feet to a 1/2 inch iron pipe found in the Easterly line of
said Oak Shadows Subdivision;
Thence, N 00°25'01" W, along the Easterly line of said Oak
Shadows Subdivision, a distance of 49.82 feet to the POINT OF
BEGINNING and containing 253.23 acres of land.
Tract 3 - 24.97 Acres
A tract or parcel of land containing 24.97 acres situated in
the F.J.C. Smiley Survey, Abstract No. 345 and being part of the
first 55.023 acre tract in deed dated December 23, 1965 and recorded
in Volume 595, Page 149, of the Deed Records of Liberty County, TX,
and also being all of the 8.8163 acres of land out of a 18.8437 acre
tract of land out of the 26.1932 acres conveyed to C.J. Martin by
deed recorded in Volume 608, Page 323, Deed Records of Liberty
County, TX, being more particularly described as follows:
From the point of beginning being a found concrete monument
for the Southwest corner of said 55.023 acre tract;
Thence, North 03° 01' 09" West, a distance of 1250.99 feet to a
set five-eight inch iron rod in the Southerly margin of County Road
2189;
Thence, across County Road 2189, North 03° 01' 09" West, a
distance of 34.75 feet to a found five-eight inch iron rod in the
northerly margin of County Road 2189;
Thence, along said northerly margin, South 62° 42' 10" East, a
distance of 34.75 feet to a found five-eight-inch iron rod;
Thence, leaving said northerly margin, South 03° 01' 09" East,
a distance of 17.16 feet to a set PK nail in the center of said road;
Thence, along and with the center of said road, South 63° 59'
38" East, a distance of 99.61 feet to a point;
Thence, South 55° 06' 29" East, a distance of 288.37 feet to a
point;
Thence, along a curve to the right with a chord bearing of
South 42° 10' 03" East, a distance of 239.61 feet to a point, said
curve having a radius of 535.00 feet and arc length of 241.66 feet;
Thence, South 29° 13' 38" East, a distance of 378.87 feet to a
point;
Thence, South 22° 16' 06" East, a distance of 355.00 feet to a
point;
Thence, along a curve to the right with a chord bearing of
South 20° 40' 44" East, a distance of 31.09 feet to a set PK nail,
said curve having a radius of 756.43 feet and arc length of 31.09
feet;
Thence, leaving center of said road, North 86° 58' 51" East, a
distance of 14.16 feet to a found five-eight inch iron rod in the
easterly margin of said road;
Thence, along and with said margin, South 17° 53' 19" East, a
distance of 67.87 feet to a found five-eight inch iron rod;
Thence, South 11° 36' 11" East, a distance of 70.19 feet to a
found five-eight inch iron rod;
Thence, leaving said margin, South 86° 58' 51" West, a
distance of 30.34' to a set five-eight inch iron rod in the westerly
margin of said road;
Thence, along and with said margin, South 15° 42' 11" East, a
distance of 29.61 feet to a set five-eight inch iron rod;
Thence, along a curve to the left with a chord bearing of
South 37° 08' 29" East, a distance of 187.86 feet to a point, said
curve having a radius of 197.67 feet and arc length of 195.76 feet;
Thence, South 65° 30' 45" East, a distance of 110.94 feet to a
found three-quarter inch iron rod for the southeast corner of the
tract herein described;
Thence, leaving said margin, South 86° 44' 45" West, a
distance of 1774.10 feet to a set five-eight inch iron rod for the
southwest corner of the tract herein described;
Thence, North 03° 09' 41" West, a distance of 242.39 feet to a
found car axle;
Thence, North 86° 56' 29" East, a distance of 763.02 feet to
the point of beginning. said tract or parcel containing 24.97 acres
of land.
SAVE AND EXCEPT 5.57 Acres:
A tract or parcel of land, more particularly described as
Tract-A1 containing 5.57 acres situated in the F.J.C. Smiley
Survey, Abstract No. 345 and being part of the first 55.023 acre
tract in deed dated December 23, 1965 and recorded in Volume 595,
Page 149, of the Deed Records of Liberty County, TX, being more
particularly described as follows:
From the point of commencement, being a concrete monument
found at the Southwest corner of a 55.023 acre tract and described
in a deed as first tract dated December 23, 1965, and recorded in
Volume 595, Page 149, of the Deed Records of Liberty County, Texas,
the point of beginning bears North 03° 01' 09" west, a distance of
422.56 feet; said point of beginning is marked by a set five-eight
inch iron rod;
Thence, North 03° 01' 09" West, a distance of 845.80 feet to
the center of County Road 2189, from which a found five-eight inch
iron rod bears South 03° 01' 09" East a distance of 17.37 feet at the
southern margin of said road;
Thence, along and with center of said road, south 63° 44' 24"
east, a distance of 134.25 feet to a point;
Thence, South 55° 06' 29" East, a distance of 288.37 feet to a
point;
Thence, on a curve to the right, said curve having a chord
bearing of South 46° 37' 16" East a chord length of 157.91 feet, an
arc length of 158.49 feet and radius of 535.00 feet, to a set
five-eight inch iron rod;
Thence, leaving the center of said road, South 31° 01' 52"
West, a distance of 374.23 feet to a set five-eight inch iron rod;
Thence, South 03° 01' 09" East, a distance of 178.53 feet to a
set five-eight inch iron rod;
Thence, South 86° 58' 51" West, a distance of 243.99 feet to
the point of beginning.
Said tract or parcel containing 5.57 acres of land.
TRACT 4 - 10.00 Acres
Fieldnotes for a survey of a 10.000 acre tract of land out of
the F. J. Smiley Survey, Abstract No. 345, Liberty County, Texas,
and being out of the northerly portion of an original called 26.341
acre tract out of the Doris Nelson 100 acre tract described in deed
recorded in Volume 515, Page 314 of the Deed Records of Liberty
County, Texas,, and the Doris Nelson 99.4 acre tract described in
Volume 529, Page 482 of said Deed Records, said 10.000 acre tract
being more particularly described by metes and bounds as follows:
BEGINNING at an axle found in the southeast right-of-way line
of County Road 2184, at the northeast corner of that certain called
480.66 acre tract described in deed recorded under Liberty County
Clerk's File No. 2016007160 , and also marking the northwest corner
and POINT OF BEGINNING of the herein described tract;
Thence N 60 deg. 59 min. 45 sec. E, 221.57 feet along said
southeast right-of-way line of County Road 2184 to its intersection
with the westerly right-of-way line of County Road 2189, for the
northeast corner of the herein described tract, from which a 3/8
inch iron rod bears N 21 deg. 12 min. 28 sec. W, 3.66 feet;
Thence along said westerly line right-of-way line of County
Road 2189 the following:
S 13 deg. 16 min. 09 sec. E, 676.67 feet;
S 12 deg. 47 min. 30 sec. E, 70.12 feet;
S 07 deg. 12 min. 30 sec. E, 105.45 feet;
S 02 deg. 49 min. 30 sec. W, 203.00 feet; and
S 01 deg. 07 min. 58 sec. W, 387.62 feet, to a point being the
northeast corner of that certain called 6.00 acre tract described
in deed recorded under said County Clerk's File No. 2006014900, and
also being the southeast corner of the herein described tract;
Thence S 89 deg. 05 min. 50 sec. W along the north line of said
called 6.00 acre tract, at 20.00 feet passing a found 3/8 inch iron
rod, and continuing for a total distance of 339.43 feet to a 5/8
inch iron rod set in the east line of said called 480.66 acre tract,
marking the northwest corner of said called 6.00 acre tract, and
southwest corner of the herein described tract;
Thence N 00 deg. 54 min. 10 sec. W, 1320.01 feet along the
east line of said called 480.66 acre tract to the POINT OF BEGINNING
of the herein described 10.000 acre (435,559 square feet) tract of
land, and being that same property described in deed recorded under
said County Clerk's File No. 2013019193.
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
7977A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7977A.0307 to read as
follows:
Sec. 7977A.0307. 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, 2023.