Texas 2023 - 88th Regular

Texas House Bill HB5324 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R12799 SCP-F
2	2	By: Metcalf H.B. No. 5324
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. 216; 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 7958A to read as follows:
14	14	CHAPTER 7958A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
15	15	NO. 216
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7958A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Montgomery County Municipal
23	23	Utility District No. 216.
24	24	Sec. 7958A.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 7958A.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 7958A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	7958A.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district as required by
37	37	applicable law.
38	38	Sec. 7958A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
39	39	(a) The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of:
41	41	(1) a municipal utility district as provided by
42	42	general law and Section 59, Article XVI, Texas Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 7958A.0106. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act enacting this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act enacting this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	SUBCHAPTER B. BOARD OF DIRECTORS
61	61	Sec. 7958A.0201. GOVERNING BODY; TERMS. (a) The district
62	62	is governed by a board of five elected directors.
63	63	(b) Except as provided by Section 7958A.0202, directors
64	64	serve staggered four-year terms.
65	65	Sec. 7958A.0202. TEMPORARY DIRECTORS. (a) On or after
66	66	January 1, 2024, the owner or owners of a majority of the assessed
67	67	value of the real property in the district may submit a petition to
68	68	the commission requesting that the commission appoint as temporary
69	69	directors the five persons named in the petition. The commission
70	70	shall appoint as temporary directors the five persons named in the
71	71	petition.
72	72	(b) Temporary directors serve until the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 7958A.0103; or
75	75	(2) January 1, 2028.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7958A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7958A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7958A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7958A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7958A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7958A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7958A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 7958A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
129	129	The district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section
133	133	7958A.0403.
134	134	(b) The district must hold an election in the manner
135	135	provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	136	before the district may impose an ad valorem tax or issue bonds
137	137	payable from ad valorem taxes.
138	138	(c) The district may not issue bonds payable from ad valorem
139	139	taxes to finance a road project unless the issuance is approved by a
140	140	vote of a two-thirds majority of the district voters voting at an
141	141	election held for that purpose.
142	142	Sec. 7958A.0402. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 7958A.0401, the
144	144	district may impose an operation and maintenance tax on taxable
145	145	property in the district in accordance with Section 49.107, Water
146	146	Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7958A.0403. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7958A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7958A.0502. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7958A.0503. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Montgomery County Municipal Utility District
177	177	No. 216 initially includes all the territory contained in the
178	178	following area:
179	179	TRACT 1: 401.4 Acres
180	180	A 401.4 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEYS,
181	181	ABSTRACT NO. 189, 190, AND IN THE ROBERT MARSH SURVEY ABSTRACT NO.
182	182	355, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART OF A CALLED
183	183	47.932 ACRE TRACT (TRACT ONE), ALL OF A CALLED 65.153 ACRE TRACT
184	184	(TRACT TWO), AND OUT OF AND A PART OF A CALLED 410.539 ACRE TRACT
185	185	(TRACT FOUR), ALL CONVEYED TO CONROE VENTURE, LTD. AND RECORDED
186	186	UNDER MONTGOMERY COUNTY CLERK'S FILE (M.C.C.F.) NO. 9149317, THE
187	187	SAID 401.4 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
188	188	AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON TEXAS STATE PLANE
189	189	COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS DETERMINED BY GPS
190	190	MEASUREMENTS):
191	191	BEGINNING at a 3/4 inch iron pipe found marking the most
192	192	northerly corner of a called 55.369 acre tract (TREND tract 2),
193	193	conveyed to Trendmaker Homes, Inc. as recorded under M.C.C.F. NO.
194	194	2019104424, and an angle in the southerly line of said TRACT FOUR,
195	195	and the herein described tract;
196	196	THENCE, South 71°38'09" West, along the southerly line of said
197	197	TRACT FOUR, common with the northerly line of said TREND tract 2, a
198	198	called 1.820 acre tract conveyed to the city of Conroe as recorded
199	199	under M.C.C.F. NO. 2012000764, a called 32.724 acre tract (TREND
200	200	tract 1) conveyed to Trendmaker Homes, Inc. as recorded under
201	201	M.C.C.F. NO. 2019104424, a called 12.756 acre tract conveyed to
202	202	Colony Ridge Land LLC, as recorded under M.C.C.F. NO. 2020041993,
203	203	and a called 210.3078 acre tract conveyed to Colony Ridge Land, LLC,
204	204	as recorded under M.C.C.F. NO. 2017005562, passing at a distance of
205	205	2,659.33 feet a 5/8-inch iron rod found marking the common
206	206	northerly corner of said TREND tract 1, and said 12.756 acre tract,
207	207	continuing a total distance of 5,361.84 feet, to a 3/4-inch iron
208	208	pipe found marking the southwest corner of said TRACT FOUR, and the
209	209	southeasterly corner of said TRACT TWO, and an angle in the
210	210	northerly line of said 210.3078 acre tract, and an angle in the
211	211	southerly line of the herein described tract;
212	212	THENCE, South 71°33'49" West, continuing along the northerly
213	213	line of said 210.3078 acre tract, common with the southerly line of
214	214	said TRACT TWO, a distance of 1,624.60 feet, to a 5/8-inch iron rod
215	215	with cap stamped "S&V Surveying", found marking the southeast
216	216	corner of a called 10.45 acre tract conveyed to San Jacinto River
217	217	Authority, as recorded under Volume (VOL.) 692, Page (PG.) 779 of
218	218	the Montgomery County Deed Records (M.C.D.R.), and the southwest
219	219	corner of said TRACT TWO, and the herein described tract;
220	220	THENCE, departing the northerly line of said 210.3078 acre
221	221	tract, and along the westerly line of said TRACT TWO, common with
222	222	the easterly line of said 10.45 acre tract the following six (6)
223	223	courses and distances;
224	224	North 28°22'23" West, a distance of 1,185.66 feet, to the high
225	225	bank of a water course and an angle in the said common line;
226	226	North 00°53'08" East, along said high bank, a distance of
227	227	69.28 feet, to an angle in the said common line;
228	228	North 22°13'01" East, along said high bank, a distance of
229	229	59.71 feet, to an angle in the said common line;
230	230	North 56°36'03" East, along said high bank, a distance of
231	231	117.87 feet, to an angle in the said common line;
232	232	North 23°27'25" East, along said high bank, a distance of
233	233	191.76 feet, to an angle in the said common line;
234	234	North 27°00'38" West, along said high bank, a distance of
235	235	50.96 feet, to the southwest corner of a called 87.22 acre tract
236	236	conveyed to San Jacinto River Authority, as recorded under VOL.
237	237	563, PG. 219 M.C.D.R., and the northwest corner of said TRACT TWO
238	238	and the herein described tract;
239	239	THENCE, North 58°48'27" East, along the southerly line of said
240	240	87.22 acre tract, common with the northerly line of said TRACT TWO,
241	241	and said TRACT FOUR, passing at a distance of 1,573.75 feet, a
242	242	1-inch iron pipe (bent) found marking the common northerly corner
243	243	of said TRACT TWO and TRACT FOUR, continuing a total distance of
244	244	3,242.65 feet, to a 2-inch iron pipe found marking the southeast
245	245	corner of said 87.22 acre tract, the southwest corner of a called
246	246	43.796 acre tract conveyed to San Jacinto River Authority as
247	247	recorded under M.C.C.F. NO. 2009114038, and a northerly corner of
248	248	said TRACT FOUR, and the herein described tract;
249	249	THENCE, South 76°41'28" East, along the south line of said
250	250	43.796 acre tract, and a called 4.321 acre tract conveyed to Aqua
251	251	Texas, Inc. as recorded under M.C.C.F. NO. 2013074043, common with
252	252	the north line of said TRACT FOUR, passing at a distance 1,274.47
253	253	feet, a 5-8-inch iron rod found marking the southwest corner of said
254	254	4.321 acre tract, continuing a total distance of 1,664.37 feet, to a
255	255	1-inch iron rod (bent) found marking the southeast corner of said
256	256	4.321 acre tract, and an interior corner of said TRACT FOUR, and the
257	257	herein described tract;
258	258	THENCE, North 12°48'52" East, along the westerly line of said
259	259	TRACT FOUR, common with the easterly line of said 4.321 acre tract,
260	260	and said 43.796 acre tract, passing at a distance of 400.00 feet,
261	261	the northeast corner of said 4.321 acre tract, from which a 5/8-inch
262	262	iron rod with cap stamped "S&V Surveying" found bears, South 60°06'
263	263	West, 0.2 feet, continuing a total distance of 767.77 feet, to a
264	264	1/2-inch iron rod found marking the most westerly southwest corner
265	265	of the south Right-Of-Way (R.O.W.) line of Pine Valley Drive (based
266	266	on a variable width) as dedicated under Cabinet (CAB.) Z, Sheet
267	267	(SHT.) 4404 of the Montgomery County Map Records (M.C.M.R.), and a
268	268	northerly corner of the herein described tract;
269	269	THENCE, departing said common line, and along the southerly
270	270	R.O.W. line of said Pine Valley Drive, and over and across said
271	271	TRACT FOUR, and said TRACT ONE, the following eleven (11) courses
272	272	and distances:
273	273	South 76°37'29" East, a distance of 583.23 feet, to a 5/8-inch
274	274	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
275	275	beginning of a curve to the left;
276	276	In a northeasterly direction, along said curve to the left,
277	277	having a radius of 991.00 feet, a central angle of 60°39'48" (chord
278	278	bears North 73°02'38" East, 1,000.92 feet) and an arc distance of
279	279	1049.25 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
280	280	713-784-4500" set marking the point of tangency;
281	281	North 42°42'44" East, a distance of 209.59 feet, to a 5/8-inch
282	282	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an
283	283	exterior corner of the herein described tract;
284	284	South 47°17'16" East, a distance of 13.87 feet, to a 5/8-inch
285	285	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an
286	286	exterior corner of the herein described tract, and the beginning of
287	287	a non-tangent curve to the right;
288	288	In a northeasterly direction, along said curve to the right,
289	289	having a radius of 746.00 feet, a central angle of 26°37'47" (chord
290	290	bears, North 58°47'35" East, 343.61 feet) and an arc distance of
291	291	346.72 feet, to the point of tangency, from which a 5/8-inch iron
292	292	rod found bears, South 79 12' East, 0.6 feet;
293	293	North 72°06'29" East, a distance of 52.46 feet, to a 5/8-inch
294	294	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
295	295	beginning of a curve to the right;
296	296	In an easterly direction, along said curve to the right,
297	297	having a radius of 946.00 feet, a central angle of 28°03'11" (chord
298	298	bears, North 86°08'05" East, 458.57 feet) and an arc distance of
299	299	463.18 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
300	300	713-784-4500" set marking the point of tangency;
301	301	South 79°50'20" East, a distance of 1,282.23 feet, to a
302	302	5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
303	303	marking the beginning of a curve to the right;
304	304	In a southeasterly direction, along said curve to the right,
305	305	having a radius of 1,146.00 feet, a central angle of 38°55'52"
306	306	(chord bears, South 60°22'24" East, 763.79 feet) and an arc distance
307	307	of 778.68 feet, to the point of tangency, from which a 5/8-inch iron
308	308	rod with cap stamped "Jeff Moon RPLS 4639" found bears, South 76
309	309	43', 0.7 feet;
310	310	South 40°54'28" East, a distance of 298.45 feet, to a 5/8-inch
311	311	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
312	312	beginning of a curve to the left;
313	313	In a southwesterly direction, along said curve to the left,
314	314	having a radius of 1,254.00 feet, a central angle of 26°56'38"
315	315	(chord bears, South 54°22'42" east, 584.29 feet) and an arc distance
316	316	of 589.71 feet, to a 1/2-inch iron rod found marking the northwest
317	317	corner of a called 20.00 acre tract conveyed to Board of Trustees of
318	318	the Willis Independent School District, as recorded under M.C.C.F.
319	319	NO. 2019109575, the northwest corner of Restricted Reserve "A" of
320	320	Willis ISD Elementary No. 6, map or plat thereof recorded under
321	321	Cabinet Z, Sheet 6802, M.C.M.R., and the northeast corner of the
322	322	herein described tract;
323	323	THENCE, South 22°12'21" West, departing the southerly R.O.W.
324	324	line of said Pine Valley Drive, and along the westerly line of said
325	325	20.00 acre tract and said Reserve "A", a distance of 550.24 feet to
326	326	a 5/8-inch iron rod found marking an exterior corner of said 20.00
327	327	acre tract and an interior corner of the herein describe tract;
328	328	THENCE, South 18°27'27" East, continuing along said westerly
329	329	line, a distance of 504.76 feet, to a 5/8-inch iron rod with cap
330	330	stamped "WEST BELT SURVEYING INC" found marking the southwest
331	331	corner of said 20.00 acre tract and said Reserve "A", and in the
332	332	south line of said TRACT FOUR, and in the north line of a called
333	333	7.4806 acre tract conveyed to William Lewis Pattillo III, ET UX. as
334	334	recorded under M.C.C.F. NO. 2005137433, and marking the southeast
335	335	corner of the herein described tract;
336	336	THENCE, South 71°32'33" West, along the south line of said
337	337	TRACT FOUR, common with the northerly line of said 7.4806 acre
338	338	tract, and a called 7.0047 acre tract conveyed to Darrel Caldwell,
339	339	ET UX., passing at a distance of 369.97 feet, a 1/2-inch iron rod
340	340	found marking the common north corner of said 7.4806 acre tract and
341	341	said 7.0047 acre tract, continuing a total distance of 423.29 feet,
342	342	to an angle in the said common line, from which a found 1/2-inch
343	343	iron pipe bears, South 64 39' 0.2 feet;
344	344	THENCE, North 77°47'56" West, along the southerly line of said
345	345	TRACT FOUR, common with the northerly lines of said 7.0047 acre
346	346	tract, a called 8.005 acre tract conveyed to Michelle and Gregory
347	347	Mills as recorded under M.C.C.F. NO. 2021020741, Reserve "A", of
348	348	Replat of Willowridge Estates section One, as recorded under CAB.
349	349	D, SHT. 74 M.C.M.R., a called 5.98 acre tract conveyed to Diane and
350	350	Daniel Erb as recorded under M.C.C.F NO. 2021021750, and said TREND
351	351	tract 2, passing at a distance of 336.33 feet, a 1/2-inch iron rod
352	352	found marking the common north corner of said 7.0047 acre tract and
353	353	said 8.000 acre tract, continuing a total distance of 2,221.10
354	354	feet, to the POINT OF BEGINNING and containing 401.4 acres of land.
355	355	TRACT 2: 76.55 Acres
356	356	A 76.55 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEY,
357	357	ABSTRACT NO. 190, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART
358	358	OF A CALLED 47.932 ACRE TRACT (TRACT ONE), AND OUT OF AND A PART OF A
359	359	CALLED 410.539 ACRE TRACT (TRACT FOUR), BOTH CONVEYED TO CONROE
360	360	VENTURE, LTD. AND RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE
361	361	(M.C.C.F.) NO. 9149317, THE SAID 76.55 ACRE TRACT BEING MORE
362	362	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH
363	363	BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM OF 1983,
364	364	CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS):
365	365	BEGINNING at a 5/8-inch iron rod with cap stamped "E.H.R.A.
366	366	713-784-4500" set in the northerly Right-Of-Way (R.O.W.) line of
367	367	Pine Valley Drive (based on a variable width) dedicated under
368	368	Cabinet (CAB.) Z, Sheet (SHT.) 4404 of the Montgomery County Map
369	369	Records (M.C.M.R.), and in the southeasterly line of a called
370	370	43.796 acre tract conveyed to San Jacinto River Authority as
371	371	recorded under Montgomery County Clerk's File Number (M.C.C.F. NO.)
372	372	2009114038, common with the northwesterly line of said TRACT FOUR
373	373	marking the most westerly southwest corner of the herein described
374	374	tract;
375	375	THENCE, North 12°48'52" East, departing the northerly R.O.W.
376	376	line of said Pine Valley Drive, and along said common line, passing
377	377	at a distance of 1,035.12 feet, a 5/8-inch iron rod with cap stamped
378	378	"S&V Surveying" found marking the northeast corner of said 43.796
379	379	acre tract, and the southeast corner of Restricted Reserve "E",
380	380	Villas at White Oak Ranch, Section 1, map or plat thereof recorded
381	381	under CAB. Z, SHT. 4853 M.C.M.R., continuing a total distance of
382	382	1,135.27 feet, to a 1-inch iron rod found marking an interior corner
383	383	of said Restricted Reserve "E", and the northwest corner of said
384	384	TRACT FOUR, and the herein described tract;
385	385	THENCE, North 79°02'55" East, along the northerly line of said
386	386	TRACT FOUR, common with the southerly lines of said Villas at White
387	387	Oak Ranch, Section 1, Restricted Reserve "C", White Oak Ranch
388	388	Section 1, map or plat thereof recorded under CAB. Q, SHT. 74
389	389	M.C.M.R., Villas at White Oak Ranch, Section 2, map or plat thereof
390	390	recorded under CAB. Z, SHT. 6099 M.C.M.R., and a called 0.608 acre
391	391	tract conveyed to Aquasource Development Company, as recorded under
392	392	M.C.C.F. NO. 2001060128, passing at 18.40 feet a 1/2-inch iron rod
393	393	with cap stamped "TPS 100834-00" found marking the common south
394	394	corner between said Reserve "E", and Lot 28, Block 1 of said Villas
395	395	at White Oak Ranch Section 1, passing at a distance of 1,528.75
396	396	feet, a 5/8-inch iron rod found marking the common southerly corner
397	397	of said 0.608 acre tract, and Reserve "D", of said Villas at White
398	398	Oak Ranch, Section 2, continuing a total distance of 1,711.69 feet,
399	399	to the west line of Reserve "C", of said Villas at White Oak Ranch,
400	400	Section 2, marking the southeast corner of said 0.608 acre tract and
401	401	the most northerly corner of said TRACT FOUR, from which a nail
402	402	found bears, South 09°59' West, 0.9 feet;
403	403	THENCE, South 09°58'31" West, along the west line of said
404	404	Reserve "C", and a called 31.430 acre tract conveyed to John R.
405	405	Collett as recorded under M.C.C.F. NO. 2020139248, common with the
406	406	east line of said TRACT FOUR, a distance of 778.74 feet, to a
407	407	1/2-inch iron rod with cap stamped "TPS 1000-834-00" found marking
408	408	the southwest corner of said 31.430 acre tract, and an interior
409	409	corner of said TRACT FOUR, and the herein described tract;
410	410	THENCE, South 79°46'17" East, along the southerly line of said
411	411	31.430 acre tract, a distance of 1,357.92 feet, to a 5/8-inch iron
412	412	rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
413	413	southeast corner of said 31.430 acre tract, common with the
414	414	southwest corner of Lot 1, Stovall West, map or plat thereof
415	415	recorded under CAB. Z, SHT. 3834 M.C.M.R., from which a found
416	416	1/2-inch iron rod bears North 12°41' East, 1.2 feet;
417	417	THENCE, South 79°56'30" East, along the southerly line of said
418	418	Stovall West subdivision, and White Oak Manor, map of plat thereof
419	419	recorded under CAB. A, SHT. 23 M.C.M.R., passing at a distance of
420	420	519.57 feet, a 1/2-inch iron rod found marking the common southerly
421	421	corners of Stovall West section 1, and White Oak Manor, passing at a
422	422	distance of 764.77 feet, a 1/2-inch iron pipe (bent) found marking
423	423	the common southerly corner of Lot 9 and 10, White Oak Manor,
424	424	continuing a total distance of 2,058.31 feet, to a 5/8-inch iron rod
425	425	with cap stamped "E.H.R.A. 713-784-4500" set in the south line of
426	426	Lot 14, White Oak Manor, marking the northwest corner of a called
427	427	6.045 acre tract conveyed to Stephen Scott Spiller as recorded
428	428	under M.C.C.F. NO. 2009086905, and a northerly corner of said TRACT
429	429	ONE, and the herein described tract;
430	430	THENCE, South 0°13'07" East, departing the southerly line of
431	431	said White Oak Manor, and along the easterly line of said TRACT ONE,
432	432	common with the westerly lines of said 6.045 acre tract, and a
433	433	called 4.058 acre tract conveyed to Bonnie Jean Laramore as
434	434	recorded under M.C.C.F. NO. 2018085525, a distance of 662.85 feet,
435	435	to a 5/8-inch iron rod found marking the southwest corner of said
436	436	4.058 acre tract, and an interior corner of said TRACT ONE, and the
437	437	herein describe tract;
438	438	THENCE, North 69°14'55" East, along the southerly line of said
439	439	4.058 acre tract common with the north line of said TRACT ONE, a
440	440	distance of 552.90 feet, to a 5/8-inch iron rod with cap stamped
441	441	"E.H.R.A. 713-784-4500" set marking an angle in the said common
442	442	line;
443	443	THENCE, North 24°15'41" West, along said common line, a
444	444	distance of 126.31 feet to a 5/8-inch iron rod with cap stamped
445	445	"E.H.R.A. 713-784-4500" set marking an angle in the said common
446	446	line;
447	447	THENCE, North 65°29'42" East, along said common line a
448	448	distance of 581.14 feet, to a 1/2-inch iron rod with cap stamped
449	449	"Jeff Moon RPLS 4639" found in the southwesterly R.O.W. line of
450	450	Longmire Road (based on a variable width) marking the northwest
451	451	corner of a called 0.150 acre public street easement granted to the
452	452	city of Conroe as recorded under M.C.C.F. NO. 2012011632, and the
453	453	most easterly southeast corner of said 4.058 acre tract, and the
454	454	most easterly northeast corner of said TRACT ONE, and the herein
455	455	described tract;
456	456	THENCE, South 30°28'33" East, along the west line of said
457	457	0.150 acre public street easement, a distance of 341.77 feet, to a
458	458	5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
459	459	marking the southwest corner of said called 0.150 acre public
460	460	street easement, and the northwest corner of a called 0.578 acre
461	461	public street easement granted to city of Conroe as recorded under
462	462	M.C.C.F. NO. 2012011630, and an angle in the westerly R.O.W. line of
463	463	said Longmire Road;
464	464	THENCE, South 29°44'08" East, continuing along the westerly
465	465	R.O.W. line of said Longmire Road, and said 0.578 acre tract, a
466	466	distance o f 83.92 feet, to a 5/8-inch iron rod with cap stamped
467	467	"E.H.R.A. 713-784-4500" set marking the southeast corner of the
468	468	herein described tract, and the beginning of a curve to the right;
469	469	THENCE, departing the westerly R.O.W. line of said Longmire
470	470	Road, and along the northerly R.O.W. line of said Pine Valley Drive
471	471	the following fifteen (15) courses and distances:
472	472	In a southerly direction, along a curve to the right, having a
473	473	radius of 25.00 feet, a central angle of 88°58'45" (chord bears,
474	474	South 14°45'15" West, 35.04 feet) and an arc distance of 38.82 feet,
475	475	to a 5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
476	476	marking the point of tangency;
477	477	South 59°14'37" West, a distance of 292.28 feet, to a 5/8-inch
478	478	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
479	479	beginning of a curve to the right;
480	480	In a northwesterly direction, along said curve to the right,
481	481	having a radius of 1,156.00 feet, a central angle of 79°51'01"
482	482	(chord bears North 80°49'59" West, 1,483.81 feet) and an arc
483	483	distance of 1,611.06 feet, to a 5/8-inch iron rod with cap stamped
484	484	"E.H.R.A. 713-784-4500" set marking the point of tangency;
485	485	North 40°54'28" West, a distance of 298.45 feet, to a 5/8-inch
486	486	iron rod with cap stamped "E.H.R.A. 713- 784-4500" set marking the
487	487	beginning of a curve to the left;
488	488	In a northwesterly direction, along said curve to the left,
489	489	having a radius of 1,244.00 feet, a central angle of 38°55'52"
490	490	(chord bears, North 60°22'24" West, 829.10 feet) and an arc distance
491	491	of 845.27 feet, to a 5/8-inch iron rod (bent) found marking the
492	492	point of tangency;
493	493	North 79°50'20" West, a distance of 1,282.23 feet, to a
494	494	5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
495	495	marking the beginning of a curve to the left;
496	496	In a westerly direction, along said curve to the left, having
497	497	a radius of 1,044.00, a central angle of 28°03'11" (chord bears,
498	498	South 86°08'05" West, 506.07 feet) and an arc distance of 511.16
499	499	feet, to the point of tangency, from which a found 5/8-inch iron rod
500	500	bears North 07°18' west, 0.5 feet;
501	501	South 72°06'29" West, a distance of 52.46 feet, to the
502	502	beginning of a curve to the left, from which a found 5/8-inch iron
503	503	rod bears, North 88°29' West, 0.3 feet;
504	504	In a southwesterly direction, along said curve to the left,
505	505	having a radius of 844.00 feet, a central angle of 28°18'34" (chord
506	506	bears, South 57°57'12" West, 412.79 feet) and an arc distance of
507	507	417.01 feet, to a 5/8-inch iron rod with cap stamped "Jeff Moon RPLS
508	508	4639" found marking the end of said curve;
509	509	South 47°17'16" East, a distance of 24.85 feet, to a 5/8-inch
510	510	iron rod with cap stamped "Jeff Moon RPLS 4639" found marking an
511	511	exterior corner of the herein described tract;
512	512	South 42°42'44" West, a distance of 189.59 feet, to a 5/8-inch
513	513	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking the
514	514	beginning of a curve to the right;
515	515	In a southwesterly direction, along said curve to the right,
516	516	having a radius of 931.00 feet, a central angle of 60°39'48" (chord
517	517	bears, South 73°02'37" West, 940.32 feet) and an arc distance of
518	518	985.72 feet, to a 5/8-inch iron rod with cap stamped "Jeff Moon RPLS
519	519	4639" found marking the point of tangency;
520	520	North 76°37'29" West, a distance of 414.93 feet, to an angle
521	521	in the said R.O.W. line, from which a found 1/2-inch iron rod (bent)
522	522	bears South 41°27' East, 0.2 feet;
523	523	North 13°22'31" East, a distance of 65.00 feet, to a 5/8-inch
524	524	iron rod with cap stamped "E.H.R.A. 713-784-4500" set marking an
525	525	angle in the north R.O.W. line;
526	526	North 76°37'29" West, a distance of 170.09 feet, to the POINT
527	527	OF BEGINNING and containing 76.55 acres of land.
528	528	TRACT 3: 16.40 Acres
529	529	A 16.40 ACRE TRACT OF LAND IN THE JAMES EDWARDS SURVEY,
530	530	ABSTRACT NO. 190, MONTGOMERY COUNTY, TEXAS, BEING ALL OF A CALLED
531	531	7.5 ACRE TRACT (TRACT THREE) AND OUT OF AND A PART OF A CALLED
532	532	410.539 ACRE TRACT (TRACT FOUR), BOTH CONVEYED TO CONROE VENTURE,
533	533	LTD. AND RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE (M.C.C.F.)
534	534	NO. 9149317, THE SAID 16.40 ACRE TRACT BEING MORE PARTICULARLY
535	535	DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON
536	536	TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS
537	537	DETERMINED BY GPS MEASUREMENTS):
538	538	BEGINNING at a 1/2-inch iron rod found in the southwesterly
539	539	Right-Of-Way (R.O.W.) line of Longmire Road (base on a variable
540	540	width) marking the southwest corner of a called 0.283 acre Public
541	541	Street Easement granted to City of Conroe as recorded under
542	542	M.C.C.F. NO. 2012011629, and the northeast corner of Lot 1, Block 1,
543	543	of Smith Place on Longmire Section 1, map or plat thereof recorded
544	544	under Cabinet (CAB.) Z, Sheet (SHT.) 4635 Montgomery County Map
545	545	Records (M.C.M.R.), and the southeast corner of said TRACT THREE
546	546	and the herein described tract;
547	547	THENCE, South 71°38'45" West, departing the southwesterly
548	548	R.O.W. line of said Longmire road, along the south line of said
549	549	TRACT THREE, common with the north line of said Lot 1, Block 1, a
550	550	distance of 774.14 feet, to the northeast line of a called 3.979
551	551	acre tract conveyed to Charles P. Peters III, ET UX. as recorded
552	552	under M.C.C.F. NO. 9143598, marking the northwest corner of said
553	553	Lot 1, Block 1, and the southwest corner of said TRACT THREE, and
554	554	the herein described tract, from which a found 1/2-inch iron rod
555	555	bears, South 30°26' East, 0.3 feet;
556	556	THENCE, North 18°17'47" West, along the northeasterly line of
557	557	said 3.979 acre tract, common with the southwest line of said TRACT
558	558	THREE, a distance of 433.40 feet, to a 1/2-inch iron rod found in
559	559	the southerly line of said TRACT FOUR, marking the northeast corner
560	560	of said 3.979 acre tract, the southeast corner of a called 20.00
561	561	acre tract conveyed to Board of Trustees of the Willis Independent
562	562	School District as recorded under M.C.C.F. NO. 2019109575, and the
563	563	northwest corner of said 7.5 acre tract, and an angle in the west
564	564	line of the herein described tract;
565	565	THENCE, North 18°30'26" West, along the east line of said
566	566	20.00 acre tract, and the west line of the herein described tract, a
567	567	distance of 621.17 feet, to a 5/8-inch iron rod with cap stamped
568	568	"E.H.R.A. 713-784-4500", set in the southerly R.O.W. line of Pine
569	569	Valley Drive (based on a variable width) as dedicated in CAB. Z,
570	570	SHT. 4404 M.C.M.R., marking the northeast corner of said 20.00 acre
571	571	tract, and the northwest corner of the herein described tract, and
572	572	the beginning of a non-tangent curve to the left;
573	573	THENCE, In a northeasterly direction, along said curve to the
574	574	left, and along the southerly R.O.W. line of said Pine Valley Drive,
575	575	having a radius of 1,254.00 feet, a central angle of 10°00'50"
576	576	(chord bears, North 64°15'02" East, 218.89 feet) and an arc distance
577	577	of 219.17 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
578	578	713-784-4500", set marking the point of tangency;
579	579	THENCE, North 59°14'37" East, continuing along the southerly
580	580	R.O.W. line of said Pine Valley Drive, a distance of 289.20 feet, to
581	581	a 5/8-inch iron rod with cap stamped "E.H.R.A. 713-784-4500" set
582	582	marking the beginning of a curve to the right;
583	583	THENCE, in a southeasterly direction, continuing along said
584	584	southerly R.O.W. line, along said curve to the right, having a
585	585	radius of 25.00 feet, a central angle of 92°04'20" (chord bears,
586	586	South 76°41'06" East, 35.99 feet) and an arc distance of 40.17, to
587	587	the southwesterly line of a called 0.578 acre public street
588	588	easement granted to city of Conroe as recorded under M.C.C.F. NO.
589	589	2012011630 and the southwesterly R.O.W. line of said Longmire Road,
590	590	and the northeast corner of the herein described tract, from which a
591	591	found 5/8-inch iron rod with cap stamped "Jeff Moon RPLS 4639"
592	592	bears, South 39°53' West, 1.5 feet;
593	593	THENCE, South 29°44'08" East, along the southwesterly R.O.W.
594	594	line of said Longmire Road, and said 0.578 acre tract, a distance of
595	595	389.61 feet, to a 5/8-inch iron rod with cap stamped "E.H.R.A.
596	596	713-784-4500" set marking an angle in said 0.578 acre tract and the
597	597	R.O.W. line of Longmire Road;
598	598	THENCE, South 31°06'09" East, continuing along the
599	599	southwesterly R.O.W. line of said Longmire Road, a distance of
600	600	762.81 feet, to the POINT OF BEGINNING and containing 16.40 acres of
601	601	land.
602	602	SECTION 3. (a) The legal notice of the intention to
603	603	introduce this Act, setting forth the general substance of this
604	604	Act, has been published as provided by law, and the notice and a
605	605	copy of this Act have been furnished to all persons, agencies,
606	606	officials, or entities to which they are required to be furnished
607	607	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
608	608	Government Code.
609	609	(b) The governor, one of the required recipients, has
610	610	submitted the notice and Act to the Texas Commission on
611	611	Environmental Quality.
612	612	(c) The Texas Commission on Environmental Quality has filed
613	613	its recommendations relating to this Act with the governor, the
614	614	lieutenant governor, and the speaker of the house of
615	615	representatives within the required time.
616	616	(d) All requirements of the constitution and laws of this
617	617	state and the rules and procedures of the legislature with respect
618	618	to the notice, introduction, and passage of this Act are fulfilled
619	619	and accomplished.
620	620	SECTION 4. (a) If this Act does not receive a two-thirds
621	621	vote of all the members elected to each house, Subchapter C, Chapter
622	622	7958A, Special District Local Laws Code, as added by Section 1 of
623	623	this Act, is amended by adding Section 7958A.0306 to read as
624	624	follows:
625	625	Sec. 7958A.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 January 1, 2024.