By: Wilson (Senate Sponsor - Schwertner) H.B. No. 5382
(In the Senate - Received from the House May 10, 2023;
May 10, 2023, read first time and referred to Committee on Local
Government; May 19, 2023, reported favorably by the following
vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Jarrell Estates Municipal Utility
District No. 1; 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 7962 to read as follows:
CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7962.0101. 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 Jarrell Estates Municipal
Utility District No. 1.
Sec. 7962.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7962.0103. CONFIRMATION AND DIRECTORS' 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. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7962.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7962.0105. 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. 7962.0106. 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. 7962.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7962.0202, directors
serve staggered four-year terms.
Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jake Newman;
(2) Davis Craig;
(3) Brad Harwick;
(4) LouAnn Covington; and
(5) Stephen Fowler.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7962.0103; 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 7962.0103 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 7962.0103; 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. 7962.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7962.0302. 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. 7962.0303. 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. 7962.0304. 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. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
water, sanitary sewer, road, drainage, or other infrastructure or
public facilities constructed, acquired, improved, maintained, or
operated by the district shall comply with any subdivision or other
applicable regulations of any municipality in whose corporate
limits or extraterritorial jurisdiction the infrastructure or
public facilities are located unless other regulations are
specified in a development agreement between the district and the
municipality.
Sec. 7962.0306. 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. 7962.0307. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) 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.
(c) Any 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.
(d) 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.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7962.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(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) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7962.0103. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7962.0104 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.
(k) Any 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) 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7962.0401. 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 7962.0403.
(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. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7962.0401, 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.
(c) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under Section
7962.0303.
Sec. 7962.0403. 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. 7962.0501. 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. 7962.0502. 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. 7962.0503. 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 Jarrell Estates Municipal Utility District
No. 1 initially includes all the territory contained in the
following area:
(a) BEGINNING: At a 2" pipe post found in the North line of
County Road 232 for the lower Southeast corner of a 649.53 Acre
Tract (Document #2004074055, Official Public Records, described in
Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
Records) and an exterior corner of said 3072.64 Acre Tract and of
this tract from which a 2" pipe post found in the South line of said
county road for the Northwest corner of a 48.65 Acre Tract (surveyed
March 10, 2022) bears S 00° 18' 48" W 56.15 feet;
THENCE: Along a fence with the lower East line of said 649.53
Acre Tract and a West line of said 3072.64 Acre Tract and of this
tract as follows:
N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an angle
point;
N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an
interior corner of said 649.53 Acre Tract and an exterior corner of
said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the upper South line of said 649.53
Acre Tract and a North line of said 3072.64 Acre Tract and of this
tract as follows:
N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an angle
point;
N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an angle
point;
N 68° 01' 01" E 2635.82 feet to a 100D nail set for the
Southeast corner of said 649.53 Acre Tract and an interior corner of
said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the East line of Abstract No. 358,
Survey No. 1, and said 649.53 Acre Tract, the lower East line of a
1209.24 Acre Tract (Document #2014012037, Official Public
Records), the West line of Survey No. 21, and the upper West line of
said 3072.64 Acre Tract and of this tract as follows:
N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an
angle point;
N 21° 14' 51" W 877.13 feet to a steel post found for an angle
point;
N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the
Northeast corner of said 649.53 Acre Tract and an angle point of
this tract;
S 69° 04' 53" W 13.57 feet with the North line of said 649.53
Acre Tract to a 3" pipe post found for the Southeast corner of said
1209.24 Acre Tract and an angle point of this tract;
N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an
interior corner of said 1209.24 Acre Tract and the upper Northwest
corner of said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the upper South line of said
1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume 365,
Page 115, Deed Records) and the North line of said 3072.64 Acre
Tract and of this tract as follows:
N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10"
cedar post for the upper Southeast corner of said 1209.24 Acre
Tract, the upper Southwest corner of said 5611 Acre Tract, and an
angle point of this tract;
N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an
angle point;
S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6" cedar
post for an interior corner of said 5611 Acre Tract and the upper
Northeast corner of this tract;
S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3" pipe
post for an exterior corner of said 5611 Acre Tract and an interior
corner of this tract;
N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an
interior corner of said 5611 Acre Tract and an exterior corner of
this tract;
S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an
angle point;
S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the
lower Southwest corner of said 5611 Acre Tract, an interior corner
of said 3072.64 Acre Tract, an exterior corner of a 1205.00 Acre
Tract (this day surveyed), and an angle point of this tract;
S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to a
5/8" iron pin set for an interior corner of said 1205.00 Acre Tract
and the upper Southeast corner of this tract;
THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set for
the Northwest corner of said 1205.00 Acre Tract and an interior
corner of this tract;
THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a
5/8" iron pin set for an angle point of said 1205.00 Acre Tract and
the upper Northwest corner of a 514.30 Acre Tract (this day
surveyed), continuing to a 5/8" iron pin set for an interior corner
of said 514.30 Acre Tract and an exterior corner of this tract;
THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set for
the lower Northwest corner of said 514.30 Acre Tract and the lower
Southwest corner of this tract;
THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the
East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, Page
859, Deed Records) and the West line of Survey No. 21 to a 1/2" iron
pin found by 10" cedar post for the Northeast corner of Survey
No. 13 and said 195.5 Acre Tract, the Southeast corner of Abstract
No. 358, and an interior corner of said 3072.64 Acre Tract and of
this tract;
THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the
North line of Survey No. 13 and the South line of Abstract No. 358
to a 6" cedar post found for an exterior corner of said 3072.64 Acre
Tract and of this tract;
THENCE: Along a fence with the East line of said county road
and a West line of said 3072.64 Acre Tract and of this tract passing
2" pipe posts found as follows:
N 32° 07' 47" W 379.77 feet to an angle point;
N 33° 01' 44" W 321.50 feet to an angle point;
N 50° 45' 25" W 315.12 feet to an angle point;
N 41° 41' 33" W 368.36 feet to an angle point;
N 17° 54' 39" W 267.13 feet to an angle point;
N 22° 26' 20" W 168.35 feet to an angle point;
N 46° 44' 55" W 100.13 feet to an angle point;
N 71° 41' 21" W 102.15 feet to an angle point;
N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING.
(b) BEGINNING: At a 5/8" iron pin set under fence in the West
line of a 673.33 Acre Tract (Document #2021159264, Official Public
Records) and the lower East line of said 3072.64 Acre Tract for the
lower Southeast corner of a 1205.00 Acre Tract (this day surveyed)
and the lower Northeast corner of this tract from which a 1/2" iron
pin found for an angle point of said 1205.00 Acre Tract bears N 20°
43' 12med" W 159.01 feet;
THENCE: Along a fence with the West line of said 673.33 Acre
Tract and the lower East line of said 3072.64 Acre Tract and of this
tract as follows:
S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an
angle point;
S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an
interior corner of said 673.33 Acre Tract, an exterior corner of
said 3072.64 Acre Tract, and the upper Southeast corner of this
tract;
THENCE: Along a fence with the North line of Survey No. 20,
the lower North line of said 673.33 Acre Tract, and the North line
of a 30-foot Nature Trail of Spear's Ranch on Salado Creek Section
One (Cabinet T, Slides 209 thru 223, Plat Records), and the South
line of Survey No. 21, and a South line of this tract as follows:
S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3" pipe
post for the lower Northwest corner of said 673.33 Acre Tract, the
Northeast corner of said nature trail, and an angle point of this
tract;
S 69° 04' 11" W 416.61 feet to an angle point;
S 69° 08' 40" W 1831.06 feet to an angle point;
S 68° 48' 01" W 760.40 feet to an angle point;
S 67° 55' 49" W 1390.64 feet to an angle point;
S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the
Northwest corner of said nature trail, the Northeast corner of said
67.66 Acre Tract, and an interior corner of this tract;
THENCE: Along a fence with the West line of said nature trail,
the East line of said 67.66 Acre Tract, and the lower East line of
this tract as follows:
S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26" Live
Oak tree for an angle point;
S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an
angle point;
S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16" Live
Oak tree for an angle point;
S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an
angle point;
S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an
angle point;
S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an
angle point;
S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18" Oak
tree for an angle point;
S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12" Live
Oak for an angle point;
S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4" cedar
post for an angle point;
S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the
Northeast corner of the remainder of a 2161.001 Acre Tract
(Document #2000028918, Official Public Records), the Southeast
corner of said 67.66 Acre Tract, and the lower Southeast corner of
this tract;
THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2"
iron pin found by 10" creosote post for the Northwest corner of the
remainder of said 2161.001 Acre Tract, the Southwest corner of said
67.66 Acre Tract, and the lower Southwest corner of this tract;
THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the
East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255,
Page 742, Official Public Records) and the West line of Survey
No. 20 to a 1/2" iron pin found by 8" creosote post for the
Northeast corner of said 106.95 Acre Tract, an angle point of said
67.66 Acre Tract, an exterior corner of said 3072.64 Acre Tract, and
an interior corner of this tract;
THENCE: Along a fence with the North line of said 106.95 Acre
Tract and a South line of said 3072.64 Acre Tract and of this tract
as follows:
S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an
angle point;
S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an
angle point;
S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an
angle point;
N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an angle
point;
N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2" pipe
post for an angle point;
S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2" pipe
post for an angle point;
S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an angle
point;
S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an angle
point;
S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the
Northwest corner of said 106.95 Acre Tract and an exterior corner of
said 3072.64 Acre Tract and of this tract;
THENCE: Along a fence with the East line of County Road 232
and a West line of said 3072.64 Acre Tract and of this tract as
follows:
N 19° 17' 35" E 134.40 feet to an angle point;
N 24° 00' 25" W 138.58 feet to an angle point;
N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2" pipe
post for an angle point;
N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South
terminus of a 50-foot Road Easement (this day surveyed), continuing
to an angle point;
N 44° 04' 25" W 261.31 feet to an angle point;
N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an angle
point;
N 14° 32' 04" W 211.93 feet to an angle point;
N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the
South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed
Records) and an exterior corner of said 3072.64 Acre Tract and of
this tract;
THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10"
cedar post found for the Southeast corner of said 195.5 Acre Tract
and an interior corner of said 3072.64 Acre Tract and of this tract;
THENCE: N 20° 44' 59" W 702.86 feet along a fence with the
East line of Survey No. 13 and said 195.5 Acre Tract and the West
line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron pin
set for an exterior corner of a 1419.57 Acre Tract (this day
surveyed) and the lower Northwest corner of this tract;
THENCE: Crossing said 3072.64 Acre Tract with the North line
of this tract as follows:
N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the
lower Southeast corner of said 1419.57 Acre Tract and an interior
corner of this tract;
N 21° 02' 32" W 2598.17 feet with the lower East line of said
1419.57 Acre Tract to a 5/8" iron pin set for an angle point of said
1205.00 Acre Tract and the upper Northwest corner of this tract;
Continuing with the North line of this tract and the South
line of said 1205.00 Acre Tract as follows:
S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North
terminus of said road easement, continuing to a 5/8" iron pin set
for an angle point;
N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an
interior corner of said 1205.00 Acre Tract and the upper Northeast
corner of this tract;
S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the
Southwest corner of said 1205.00 Acre Tract and an interior corner
of this tract;
N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING.
(c) BEGINNING: At a 1/2" iron pin found in the West line of
County Road 232 and the South line of a 195.5 Acre Tract (Volume
2458, Page 859, Deed Records) for the Northeast corner of this tract
from which a 1/2" iron pin found in the East line of said county road
for an exterior corner of a 514.30 Acre Tract (this day surveyed)
bears N 68° 50' 18" E 54.24 feet;
THENCE: With the West line of said road and the East line of
this tract passing 1/2" iron pins found as follows:
S 04° 49' 16" E 455.90 feet to an angle point;
S 14° 52' 48" E 238.88 feet to an angle point;
S 44° 15' 55" E 602.34 feet to an angle point;
S 44° 13' 37" E 256.82 feet to an angle point;
S 39° 27' 01" E 248.02 feet to an angle point;
S 38° 18' 33" E 658.46 feet to an angle point;
S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the
Southeast corner of this tract;
THENCE: With the North line of said county road and the South
line of this tract as follows:
S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an angle
point;
S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an angle
point;
S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an
angle point;
S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an
angle point;
S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an angle
point;
S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2" pipe
post, continuing to the Southwest corner of this tract;
THENCE: Along the center of North Salado Creek with the East
line of a 12.00 Acre Tract (Document #2020075231, Official Public
Records) and a 124.74 Acre Tract (Document #2016095553, Official
Public Records) and the West line of this tract as follows:
N 41° 03' 59" W 131.42 feet to an angle point;
N 11° 53' 19" W 40.63 feet to an angle point;
N 76° 36' 27" W 45.17 feet to an angle point;
N 30° 48' 05" W 126.68 feet to an angle point;
N 78° 57' 33" W 87.41 feet to an angle point;
N 12° 44' 59" E 79.02 feet to an angle point;
N 11° 00' 13" W 73.47 feet to an angle point;
S 88° 36' 10" W 82.16 feet to an angle point;
N 66° 02' 15" W 98.65 feet to an angle point;
N 06° 27' 32" W 106.86 feet to an angle point;
N 30° 17' 17" E 145.33 feet to an angle point;
N 03° 28' 06" W 75.42 feet to an angle point;
N 37° 44' 59" W 146.89 feet to an angle point;
N 63° 26' 06" W 145.44 feet to an angle point;
N 38° 31' 49" W 136.06 feet to an angle point;
N 12° 39' 09" W 86.38 feet to an angle point;
N 04° 05' 08" W 70.68 feet to an angle point;
S 86° 18' 31" W 52.15 feet to an angle point;
N 76° 52' 51" W 106.01 feet to an angle point;
N 12° 38' 00" W 83.15 feet to an angle point;
N 23° 29' 55" W 105.25 feet to an angle point;
N 10° 37' 11" E 136.64 feet to an angle point;
N 04° 47' 52" W 86.56 feet to an angle point;
N 34° 45' 21" W 139.44 feet to an angle point;
N 06° 54' 40" W 77.72 feet to an angle point;
N 17° 40' 47" E 51.12 feet to an angle point;
N 52° 40' 44" E 193.31 feet to an angle point;
N 18° 45' 31" E 85.20 feet to an angle point;
N 23° 41' 26" W 105.23 feet to an angle point;
N 86° 35' 59" W 152.93 feet to an angle point;
N 60° 31' 27" W 77.06 feet to an angle point;
N 30° 15' 23" W 81.04 feet to an angle point;
N 67° 37' 12" W 107.25 feet to an angle point;
S 79° 56' 22" W 183.67 feet to an angle point;
N 73° 48' 39" W 94.15 feet to an angle point;
S 88° 10' 54" W 91.93 feet to an angle point;
N 53° 44' 46" W 180.85 feet to an angle point;
N 74° 50' 45" W 120.88 feet to an angle point;
N 39° 12' 26" W 60.40 feet to the Southwest corner of said
195.5 Acre Tract and the Northwest corner of this tract;
THENCE: N 68° 20' 39" E 1386.29 feet with the South line of
said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump,
continuing along a fence to the POINT OF BEGINNING.
(d) BEGINNING: At a 2" pipe post found in the South line of
County Road 232 and the lower East line of a 649.53 Acre Tract
(Document # #2004074055, Official Public Records, described in
Volume 2520, Page 200 and Volume 2598, Page 457, Official Public
Records) for the Northwest corner of this tract from which a 2" pipe
post found in the North line of said county road for the upper
Southwest corner of a 1419.57 Acre Tract (this day surveyed) bears N
00° 18' 48" E 56.15 feet;
THENCE: Along a fence with the South and West line of said
county road and the North and East line of this tract as follows:
S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an
angle point;
S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an angle
point;
S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an
angle point;
S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an
angle point;
S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an
angle point;
S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an
angle point;
S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the
Southeast corner of this tract;
THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the
North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458,
Page 859, Deed Records) and the South line of Abstract No. 358, at
1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing
without fence to the Northwest corner of said 195.5 Acre Tract and
the lower Southwest corner of this tract;
THENCE: Along the center of North Salado Creek with the North
line of a 61.80 Acre Tract (Document #2010063430, Official Public
Records) and the South line of this tract as follows:
N 02° 31' 01" W 103.87 feet to an angle point;
N 52° 32' 58" W 74.50 feet to an angle point;
N 84° 29' 40" W 104.92 feet to an angle point;
S 85° 34' 16" W 152.08 feet to an angle point;
N 80° 01' 20" W 218.89 feet to the lower Southeast corner of
said 649.53 Acre Tract and the Southwest corner of this tract;
THENCE: With the lower East line of said 649.53 Acre Tract
and the West line of this tract as follows:
N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2" pipe
post, continuing along a fence to a 12" cedar post found for an
angle point;
N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post
found for an angle point;
N 04° 10' 33" W 608.21 feet along a fence to the POINT OF
BEGINNING.
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
7962, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7962.0308 to read as follows:
Sec. 7962.0308. 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.
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