Texas 2023 - 88th Regular

Texas Senate Bill SB2571 Compare Versions

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Old	New	Differences
1	1	S.B. No. 2571
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Montgomery County Municipal Utility
6	6	District No. 225; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8074 to read as follows:
12	12	CHAPTER 8074. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 225
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8074.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Montgomery County Municipal
20	20	Utility District No. 225.
21	21	Sec. 8074.0102. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8074.0103. CONFIRMATION AND DIRECTOR ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8074.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	8074.0103 until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8074.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8074.0106. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 8074.0201. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 8074.0202, directors
60	60	serve staggered four-year terms.
61	61	Sec. 8074.0202. TEMPORARY DIRECTORS. (a) On or after the
62	62	effective date of the Act enacting this chapter, the owner or owners
63	63	of a majority of the assessed value of the real property in the
64	64	district may submit a petition to the commission requesting that
65	65	the commission appoint as temporary directors the five persons
66	66	named in the petition. The commission shall appoint as temporary
67	67	directors the five persons named in the petition.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8074.0103; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act enacting this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8074.0103 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8074.0103; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8074.0301. GENERAL POWERS AND DUTIES. The district
91	91	has the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8074.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8074.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8074.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards,
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8074.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	118	ORDINANCE OR RESOLUTION. The district shall comply with all
119	119	applicable requirements of any ordinance or resolution that is
120	120	adopted under Section 54.016 or 54.0165, Water Code, and that
121	121	consents to the creation of the district or to the inclusion of land
122	122	in the district.
123	123	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	124	Sec. 8074.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	125	The district may issue, without an election, bonds and other
126	126	obligations secured by:
127	127	(1) revenue other than ad valorem taxes; or
128	128	(2) contract payments described by Section 8074.0403.
129	129	(b) The district must hold an election in the manner
130	130	provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	131	before the district may impose an ad valorem tax or issue bonds
132	132	payable from ad valorem taxes.
133	133	(c) The district may not issue bonds payable from ad valorem
134	134	taxes to finance a road project unless the issuance is approved by a
135	135	vote of a two-thirds majority of the district voters voting at an
136	136	election held for that purpose.
137	137	Sec. 8074.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8074.0401, the
139	139	district may impose an operation and maintenance tax on taxable
140	140	property in the district in accordance with Section 49.107, Water
141	141	Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 8074.0403. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 8074.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 8074.0502. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 8074.0503. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Montgomery County Municipal Utility District
172	172	No. 225 initially includes all the territory contained in the
173	173	following area:
174	174	Those certain tracts or parcels of land situated in
175	175	Montgomery County, Texas, described as follows, to-wit:
176	176	TRACT 1
177	177	Being a portion of a 298.473 acre tract, conveyed to DJS Land
178	178	Company, LTD et al, as recorded under Clerk’s File No. 8916747 of
179	179	the Official Public Records of Real Property Montgomery County
180	180	(O.P.R.R.P.M.C.), and all of Tract 5, 0.1914 acre, as recorded
181	181	under Clerk’s File No. 2000108801 of the O.P.R.R.P.M.C., the basis
182	182	of bearing is the north right-of-way line of FM 2854 as shown on
183	183	right-of-way map, September 27, 1968:
184	184	BEGINNING at the southeast corner of a 0.0046 acre tract as
185	185	recorded under Clerk’s File No. 2017098941 of the Official Public
186	186	Records Montgomery County, Texas (O.P.R.M.C.), lying in a southerly
187	187	line of said 28.473 acre tract, and a northerly line of State
188	188	Highway 2854 as recorded in Volume 630, Page 609 of the Montgomery
189	189	County Deed Records (M.C.D.R.),
190	190	THENCE (from the 2017098941 deed) NORTH 39 degrees 44 minutes
191	191	08 seconds WEST, 28.29 feet, to a westerly corner of the herein
192	192	described tract, lying in an easterly right-of-way line of
193	193	Southwest Drive as shown on the replat of Southwest Center as
194	194	recorded in Cabinet “I”, Sheet 169 of M.R.M.C.;
195	195	THENCE NORTHERLY along the easterly right-of-way line
196	196	Southwest Drive the following calls, based on the replat of said
197	197	Southwest Center:
198	198	NORTH 07 degrees 32 minutes 17 seconds EAST, 179.20 feet;
199	199	NORTHERLY along a curve to the right, through a central angle
200	200	of 24 degrees 26 minutes 31 seconds, to a point of tangency, said
201	201	curve having a radius of 303.02 feet, an arc length of 129.27 feet;
202	202	NORTH 31 degrees 56 minutes 48 seconds EAST, 317.57 feet;
203	203	NORTHEASTERLY along a curve to the right, through a central
204	204	angle of 06 degrees 08 minutes 31 seconds, to a point of, said curve
205	205	having a radius of 1,793.94 feet, an arc length of 192.31 feet;
206	206	NORTH 36 degrees 07 minutes 19 seconds EAST, 17.54 feet; to
207	207	the north corner of the herein described tract, also being the west
208	208	corner of a 2.273 acre tract and shown on the plat of Southwest
209	209	Center Section 1, as recorded on Cabinet “H” Sheet 126A of the
210	210	M.C.M.R.;
211	211	Thence (from the Southwest Center Section 1) SOUTH 51 degrees
212	212	52 minutes 41 seconds EAST, 484.63 feet, to an easterly corner of
213	213	the herein described tract, lying in a westerly line of Reserve “A”
214	214	of said Southwest Center;
215	215	THENCE (from the Southwest Center Section 1 replat) SOUTH 16
216	216	degrees 14 minutes 36 seconds EAST, 269.68 feet (calculated), with
217	217	and adjoining said westerly line of Reserve “A”, to a southerly line
218	218	of said 298.473 acre tract;
219	219	THENCE (from the Southwest Center Section 1 replat) SOUTH 73
220	220	degrees 32 minutes 51 seconds WEST, 131.63 feet (calculated), with
221	221	and adjoining said southerly line of the 298.473 acre tract;
222	222	THENCE SOUTH 72 degrees 17 minutes 44 seconds WEST, 375.97
223	223	feet (calculated), with and adjoining said southerly line of the
224	224	289.473 acre tract, also being the northeast corner of said 0.1914
225	225	acre tract;
226	226	THENCE (from the 2000-108801 deed) SOUTH 21 degrees 17
227	227	minutes 12 seconds EAST, 80.76 feet, (SOUTH 16 degrees 44 minutes 06
228	228	seconds EAST rotated) with and adjoining the east line of said
229	229	0.1914 acre tract, in the northerly right-of-way line of FM 2854
230	230	(100 feet wide) for the southeast corner of this tract;
231	231	THENCE (from the 2000-108801 deed) SOUTH 89 degrees 13
232	232	minutes 30 seconds WEST, 220.49 feet, (NORTH 86 degrees 13 minutes
233	233	24 seconds WEST rotated), along the northerly right-of-way line of
234	234	FM 2854, to a southerly corner of said 298.473 acre tract;
235	235	THENCE (from the 8916747 deed) NORTH 85 degrees 12 minutes 47
236	236	seconds WEST, 88.59 feet, along a southerly line of said 298.473
237	237	acre tract;
238	238	THENCE NORTH 82 degrees 27 minutes 43 seconds WEST, 26.52
239	239	feet (calculated), along a southerly line of said 298.473 acre
240	240	tract, to the POINT OF BEGINNING, and containing 8.59 acres of land.
241	241	TRACT 2
242	242	Being 178.42 acres of land in the Denward James Survey,
243	243	A-289, Montgomery County, Texas, and being a portion of a 298.473
244	244	acre tract conveyed to DJS Land Company, LTD. A Texas limited
245	245	partnership described in a deed recorded under Clerk’s File No.
246	246	8916747 of the Official Public Records of Real Property, Montgomery
247	247	County, Texas (O.P.R.R.P.M.C.), more fully described as follows:
248	248	BEGINNING at the southwest corner of a 0.0046 acre tract as
249	249	described in Clerk’s File No. 201800316 of the Official Public
250	250	Records of Montgomery County, Texas (O.P.R.M.C.), lying in the
251	251	northerly right-of-way line of FM 2854 as recorded in Volume 630,
252	252	Page 609 of the Montgomery County Deed Records (M.C.D.R.) also
253	253	being a southerly line of said 298.473 acre tract;
254	254	THENCE N 50° 15’ 52” E, 28.28 feet, to a point lying in a
255	255	westerly right-of-way line of Southwest Drive. (width varies), as
256	256	shown on the replat of Southwest Center, as recorded in Cabinet “I”,
257	257	Sheet 169 of the Montgomery County Map Records (M.C.M.R.);
258	258	THENCE along the westerly line of said Southwest Drive the
259	259	following calls:
260	260	N 07° 32’ 17” E, 178.18 feet;
261	261	NORTHERLY along a curve to the right, through a central angle
262	262	of 24° 26' 31", and a radius of 373.02 feet, an arc length of 159.13
263	263	feet, and having a long chord bearing and distance of N 19° 44' 27"
264	264	E, 157.92 feet;
265	265	N 31° 58' 48" E, 317.57 feet;
266	266	NORTHEASTERLY along a curve to the right, through a central
267	267	angle of 06° 08' 31", and a radius of 1,863.94 feet, an arc length of
268	268	199.81 feet, and having a long chord bearing and distance of N 35°
269	269	01' 58" E, 199.71 feet;
270	270	N 38° 07' 19" E, 317.57 feet;
271	271	Northeasterly along a curve to the right, through a central
272	272	angle of 37° 32' 21", and a radius of 833.88 feet, an arc length of
273	273	546.34 feet, and having a long chord bearing and distance of N 56°
274	274	52' 21" E, 536.63 feet;
275	275	N 75° 25' 55" E, 1,017.29 feet;
276	276	Northeasterly along a curve to the left, through a central
277	277	angle of 49° 10' 22", to a point of tangency, said curve having a
278	278	radius of 901.06 feet, an arc length of 773.32 feet, and having a
279	279	long chord bearing and distance of N 50° 48' 41" E, 749.80 feet;
280	280	N 26° 13' 30" E, 289.81 feet, to the southeast corner of
281	281	Unrestricted Reserve “A” as shown on the plat of Towne Center as
282	282	recorded in Cabinet “J”, Sheet 67 of the M.C.M.R.
283	283	Along the north and west lines according to the deed recorded
284	284	under File No. 8916747, the following calls:
285	285	THENCE N 63° 29' 31" W, 139.16 feet, with and adjoining the
286	286	southerly line of said Unrestricted Reserve “A”, to a northerly
287	287	corner of the herein described tract;
288	288	THENCE: N 63° 41’ 09” W, 812.35 ft. along the Southwest line
289	289	of the Moran tract to a 3/8” iron rod for corner in the South line of
290	290	the B. M. Hill tract;
291	291	THENCE: S 74° 09’ 16” W, 217.47 ft. to a concrete monument for
292	292	the Hill Southwest corner and the southeast corner of the Parkwest
293	293	Subdivision;
294	294	THENCE: S 73° 59’ 37” W, 179.31 ft. and S 73° 59’ 47” W, 1185.0
295	295	ft. along the South line of Parkwest Subdivision to its Southwest
296	296	corner and the Southeast corner of Woodbranch Subdivision, an axle
297	297	found for corner;
298	298	THENCE: S 74° 29’ 30” W, 506.30 ft. to a 1/2” iron pipe found
299	299	in the South line of the Parkwest Subdivision;
300	300	THENCE S 74° 18’ 28” W, 249.66 ft. to a concrete monument
301	301	found in the South line of the Parkwest Subdivision;
302	302	THENCE: S 74° 11’ 06” W, 374.74 ft. along the South line of the
303	303	Parkwest Subdivision to a stake for corner;
304	304	THENCE: S 73° 43’ 55” W, 1607.01 ft. to an angle iron found for
305	305	the Southwest corner of the W. F. Newton tract;
306	306	THENCE: S 76° 399’ 39” W, 275.49 ft. to a 3/4” iron pipe for
307	307	the Southwest corner of the Abe Brown tract and the Southeast corner
308	308	of the C. Brown tract;
309	309	THENCE: S 74° 54’ 18” W, 181.95 ft. to a broken concrete
310	310	monument;
311	311	THENCE: S 74° 23’ 44” W, 185.32 ft. to a 1/2” iron rod found
312	312	for corner;
313	313	THENCE: S 15° 45’ 29” E, 1167.80 ft along the Madeley East
314	314	line to a 5/8” iron rod for corner in the North right of way line of
315	315	F. M. Highway 2854;
316	316	THENCE: Along the North line of F. M. 2854:
317	317	1) S 81° 45’ 48” E, 469.90 ft;
318	318	2) S 85° 16’ 23” E, 769.62 ft.;
319	319	3) S 79° 32’ 37” E, 201.0 ft.;
320	320	4) S 85° 15’ 15” E, 699.03 ft.;
321	321	5) S 88° 04’ 37” E, 201.22 ft.;
322	322	6) S 85° 18’ 46” E, 199.38 ft.;
323	323	7) S 82° 27’ 43” E, 63.06 ft, to the place of beginning and
324	324	containing a calculated 178.42 acres of land.
325	325	TRACT 3
326	326	Approximately 57.15 acres of land out of the north one-half
327	327	of the Denward James Survey, Montgomery County, Texas, more
328	328	particularly described by metes and bounds, as follows:
329	329	BEGINNING at a 1/2 inch iron pipe on the south right-of-way
330	330	line of the GC&SF Railway, being 100 feet at right angles from the
331	331	center line of said railroad and being also at the northeast corner
332	332	of the 75 acre tract formerly belonging to J. Smith;
333	333	THENCE down the south line of said right-of-way on a curve to
334	334	the left with chords as follows: s. 78 degrees, 03 minutes East
335	335	450.9 feet; South 82 degrees, 33 minutes East 432.6 feet to the
336	336	approximate P.T.;
337	337	THENCE continuing down the said right-of-way South 85
338	338	degrees, 05 minutes East 2855.3 feet to a point on the middle line
339	339	of the said D. James survey, a point for corner;
340	340	THENCE South 74 degrees, 39 minutes West along the said
341	341	middle line of the D. James survey 3818.5 feet to the Southeast
342	342	corner of the said Smith tract;
343	343	THENCE North 1 degree, 20 minutes West along the East line of
344	344	the said Smith tract 1405.3 feet to the PLACE OF BEGINNING and
345	345	containing 57.15 acres of land, more or less.
346	346	TRACT 4
347	347	The surface estate and only the surface estate of 12.74
348	348	acres, more or less, in the Denward James Survey, Abstract 289,
349	349	Montgomery County, Texas, and being the same land described in the
350	350	Deed executed by Doyle Tow dated July 24, 1963, recorded in Volume
351	351	546, Page 67, Deed Records, Montgomery County, Texas, as shown
352	352	below.
353	353	BEGINNING at the N.W. corner of the Dan Madeley 10 acre tract
354	354	for the most westerly S. W. corner of this tract, and situated in
355	355	the E.B.L. of the C. J. Cartwright tract 1-1/21" I. pipe for corner;
356	356	THENCE N. 00° 181 E. 174.o ft. with the dividing line of this
357	357	tract and the Cartwright tract to a 211 I. Rod for the most westerly
358	358	N.W. corner of this tract;
359	359	THENCE N. 74° 22' E., 437.0 ft. with the dividing line of this
360	360	tract and the Keppler tract to fence post for corner and situated in
361	361	the South R.O.W. line of the A.C. & S.F. R.R.;
362	362	THENCE 100 ft. South of and parallel with the South R.O.W.
363	363	line of A.C. & S. F. R.R. with the following calls, to-wit:
364	364	S. 62° 59' E., 203.5 ft.;
365	365	S. 65° 09' E., 203.5 ft.;
366	366	S. 67° 05' E., 203.5 ft.
367	367	S. 69° 07’ E., 203.5 ft.;
368	368	S. 71° 13’ E., 203.5 ft.;
369	369	S. 72° 59’ E., 203.5 ft.
370	370	S. 75° 33’ E., 111.8 ft. for an over all distance of 1332.8 ft.
371	371	to fence post for the N.E. corner of this tract and situated in the
372	372	W.B.L. of a County Road;
373	373	THENCE S.00° 52’ W., 198.7 ft. with the dividing line of this
374	374	tract and the West R.O.W. line of a County Road to I. Pipe for the
375	375	S.E. corner of this tract;
376	376	THENCE N. 89° 08’ W., 940.0 ft. with the dividing line of this
377	377	tract and the J. W. Dinkins 16.00 acre tract to an I. Pipe for the
378	378	most Easterly s.w. corner of this tract, same being the N. W. corner
379	379	of the Dinkins 16.00 acre tract and situated in the E.B.L. of the
380	380	Madeley 10. acre tract;
381	381	THENCE N. 00° 321 W., 188.5 ft. with the dividing line of this
382	382	tract and the said Madeley tract to a 1-1/2" I.P. for an inner
383	383	corner of this tract, same being the N.E. corner of the Madeley
384	384	tract;
385	385	THENCE N. 75° 171 W. 747 ft. with the dividing line of this
386	386	tract and the Madeley tract to the place of beginning, and to
387	387	contain 12.74 acres of land, more or less, being the same property
388	388	described in that certain Deed dated May 15, 1963, from J. W.
389	389	Dinkins to Doyle Tow, recorded in Volume 542, Page 20, Deed Records,
390	390	Montgomery County, Texas.
391	391	This document was prepared under 22 Texas Administrative Code §
392	392	138.95, does not reflect the results of an on the ground survey,
393	393	and is not to be used to convey or establish interests in real
394	394	property except those rights and interests implied or established
395	395	by the creation or reconfiguration of the boundary of the political
396	396	subdivision for which it was prepared.
397	397	TRACT 5
398	398	BEING a 10.09 acre tract of land situated in the Denward James
399	399	Survey, Abstract No. 289, Montgomery County, Texas, and being that
400	400	same called 10-acre tract described in deed to Etta Margaret
401	401	Madeley Hill and Billy Sue Henna recorded under Clerk's File No.
402	402	9809486 of the Real Property Records of Montgomery County, Texas,
403	403	said 10.09 acre tract of land being more particularly described as
404	404	follows:
405	405	BEGINNING at a 1-1/2 inch iron pipe found for the
406	406	northwesterly corner of the herein described tract and
407	407	southwesterly corner of a called 12.74 acre Tract 1 described in
408	408	deed to HAMARCO LTD. recorded under Clerk's File No. 9625877 of said
409	409	Real Property Records;
410	410	THENCE with the upper 'southerly line of said HAMARCO 12.47
411	411	acre tract South 75° 27' 33" East a distance of 743.98 feet to a
412	412	1-1/2 inch iron pipe found for corner;
413	413	THENCE with the lower westerly line of said 12.74 acre tract
414	414	South 01° 36' 15" East a distance of 189.3ff feet to a 1/2 inch iron
415	415	pipe found for the northwesterly corner of a 15.955 acre tract
416	416	described in deed to Larry Steve Taylor recorded under Clerk's File
417	417	No., 8013113 of said Real Property Records;
418	418	THENCE with the interior westerly line of said 15.955 acre
419	419	tract South 00° 39' 02" East a distance of 319.07 feet to a 3/4 inch
420	420	iron pipe found for corner;
421	421	THENCE with a northerly line of said 15.955 acre tract South
422	422	88°18' 37" West a distance of 716.88 feet to a 1 inch iron pipe found
423	423	in the easterly line of a called 131.71 acre Tract 3 described in
424	424	said deed to HAMARCO INC. recorded under Clerk's File No. 9625877;
425	425	THENCE with the easterly line of said 131.71 acre Tract 3
426	426	North 01°00' 00" West a distance of 716.39 feet to the POINT OF
427	427	BEGINNING, and containing a computed area of 10.09 acres of land
428	428	within this Field Note Description.
429	429	TRACT 6
430	430	A tract or parcel of land containing 64.52 acres out of the
431	431	Denward James Survey, Abstract No. 289, Montgomery County, Texas,
432	432	being a portion of a 131.71 acre tract, conveyed to DJS Land
433	433	Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of
434	434	the Official Public Records of Real Property Montgomery County
435	435	(O.P.R.R.P.M.C.), said 64.52 acres being more particularly
436	436	described by metes and bounds as follows, the basis of bearing is
437	437	the deed call for the northerly line said 131.71 acre tract:
438	438	THENCE South 1 degree 00 minute 00 second East, 832.9 varas
439	439	(2,313.62 feet called), (2,281.10 feet calculated), along the
440	440	common boundary line with the John Smith Tract to the southwest
441	441	corner of the John Smith Tract;
442	442	THENCE South 75 degrees 15 minutes 13 seconds West, 1,631.85
443	443	feet, along the south line of said 131.71 acre tract, to the
444	444	easterly right-of-way line of Loop 336 acquisition, as recorded
445	445	under Clerk’s File No. 8645929 of the Official Public Records of
446	446	Real Property Montgomery County, Texas (O.P.R.R.P.M.C.), and being
447	447	the southwest corner of the herein described tract, and the
448	448	southeast corner of the 1.339 acre right-of-way description;
449	449	THENCE along the easterly line of Loop 336 based on deed
450	450	recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the
451	451	following calls:
452	452	Northerly along a curve to the right, through a central angle
453	453	of 34 degrees 12 minutes 12 seconds, to a westerly corner of the
454	454	herein described tract, said curve having a radius of 2,764.93
455	455	feet, an arc length of 1,650.56 feet, and a long chord gearing and
456	456	distance of North 12 degrees 19 minutes 56 seconds East, 1,626.16
457	457	feet;
458	458	North 29 degrees 47 minutes 36 seconds EAST (called), (North
459	459	32 degrees 25 minutes 21 seconds East calculated), 290.92 feet
460	460	along said easterly right-of-way line of Loop 336, to a westerly
461	461	corner of the herein described tract;
462	462	Northeasterly along a curve to the left, with and adjoining
463	463	said easterly right-of-way line of Loop 336, through a central
464	464	angle of 01 degree 41 minutes 42 seconds, to a westerly corner of
465	465	the herein described tract, said curve having a radius of 5,180.38
466	466	feet, an arc length of 153.26 feet, and a long chord bearing and
467	467	distance of North 25 degrees 22 minutes 02 seconds East (called),
468	468	(North 27 degrees 59 minutes 47 seconds East (calculated), 153.25
469	469	feet;
470	470	North 65 degrees 28 minutes 49 seconds West (called), (North
471	471	62 degrees 51 minutes 04 seconds West calculated), 15.00 feet,
472	472	along easterly right-of-way line of Loop 336, to a non-tangent
473	473	curve and westerly corner of the herein described tract;
474	474	Northeasterly along a curve to the left, through a central
475	475	angle of 01 degree 16 minutes 06 seconds, to a westerly corner of
476	476	the herein described tract, also being the southerly corner of a
477	477	0.657 acre Loop 336 right-of-way acquisition as recorded under
478	478	Clerk’s File No 9007438 of the O.P.R.R.P.M.C., said curve having a
479	479	radius of 5,126.33 feet, an arc length of 113.48 feet, and a long
480	480	chord bearing and distance of North 26 degrees 31 minutes 01 seconds
481	481	East (calculated), 113.48 feet;
482	482	THENCE along the easterly line of Loop 336 based on deed
483	483	recorded under Clerk’s File No. 90074389 of the O.P.R.R.P.M.C. the
484	484	following calls
485	485	North 26 degrees 57 minutes 15 seconds East (called), (North
486	486	29 degrees 35 minutes 24 seconds East calculated), 5.27 feet, along
487	487	said easterly right-of-way line of Loop 336, to a westerly corner of
488	488	the herein described tract;
489	489	Northeasterly along a curve to the left, with and adjoining
490	490	said easterly right-of-way line of Loop 336, through a central
491	491	angle of 04 degrees 12 minutes 19 seconds, to a westerly corner of
492	492	the herein described tract, said curve having a radius of 2,822.59
493	493	feet, an arc length of 207.17 feet, and having a long chord bearing
494	494	and distance of North 31 degrees 41 minutes 34 seconds East, 207.12
495	495	feet;
496	496	North 31 degrees 09 minutes 34 seconds E (called), North 33
497	497	degrees 47 minutes 43 seconds East calculated), 186.70 feet, with
498	498	and adjoining said easterly line of Loop 3366, to a non-tangent
499	499	curve and westerly corner of the herein described tract;
500	500	Northeasterly along a curve to the left, through a central
501	501	angle of 03 degrees 22 minutes 56 seconds, to the northwest corner
502	502	of the herein described tract, also being the northeast corner of
503	503	said 0.657 acre acquisition tract, said curve having a radius of
504	504	2,922.59 feet, an arc length of 172.52, and having a long chord
505	505	bearing an distance of North 32 degrees 06 minutes 15 seconds East,
506	506	172.50 feet;
507	507	THENCE North 74 degrees 17 minutes 00 second East, 567.51
508	508	feet, to the POINT OF BEGINNING, and containing 64.52 acres of land,
509	509	more or less. Based on an on-the-ground survey conducted on October
510	510	20, 2022.
511	511	TRACT 7
512	512	A tract or parcel of land containing 48.0 acres out of the
513	513	Denward James Survey, Abstract No. 289, Montgomery County, Texas,
514	514	being a portion of a 131.71 acre tract, conveyed to DJS Land
515	515	Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of
516	516	the Official Public Records of Real Property Montgomery County
517	517	(O.P.R.R.P.M.C.), said 48.0 acres being more particularly
518	518	described by metes and bounds as follows, the basis of bearing is
519	519	the deed call for the northerly line said 131.71 acre tract:
520	520	COMMENCING at the northeast corner of said 131.71 acre tract,
521	521	lying in the north line of the Denward James Survey;
522	522	THENCE South 74 degrees 17 minutes 00 second West, with and
523	523	adjoining the north line of said 131.71 acre tract also being the
524	524	north line of the Denward James Survey, at 567.51 feet, passing the
525	525	east right-of-way line of Loop 336 as recorded under Clerk’s File
526	526	No. 9007438 of the O.P.R.R.P.M.C., and continuing a total distance
527	527	of 1,025.45 feet (calculated), to the POINT OF BEGINNING and
528	528	northeast corner of the herein described tract, also being the
529	529	northwest corner of a loop 336, 0.738 ac acquisition parcel as
530	530	recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C.;
531	531	THENCE along the westerly line of Loop 336 based on deed
532	532	recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C. the
533	533	following calls:
534	534	South 15 degrees 19 minutes 54 seconds West, 292.67 feet, to a
535	535	found TxDOT monument;
536	536	Southerly along a curve to the right, through a central angle
537	537	of 05 degrees 06 minutes 38 seconds, to the south corner of said
538	538	0.738ac acquisition tract, lying in a westerly line of a 1.664 acre
539	539	right-o-way acquisition tract as recorded under Clerk’s File No.
540	540	8645929 of the O.P.R.R.P.M.C., said curve having a radius of
541	541	2,822.83 feet, an arc length of 251.79 feet, and a long chord
542	542	bearing and distance of South 20 degrees 31 minutes 48 seconds West,
543	543	251.70 feet;
544	544	THENCE along the westerly line of Loop 336 based on deed
545	545	recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the
546	546	following calls:
547	547	South 25 degrees 46 minutes 19 seconds West 255.96 feet;
548	548	Southwesterly along a curve to the left, through a central
549	549	angle of 14 degrees 47 minutes 00 second, to a found 5/8-inch iron
550	550	rod for an easterly corner of the herein described tract, said curve
551	551	having a radius of 2,964.93 feet, an arc length of 765.01 feet, and
552	552	having a long chord bearing and distance of South 24 degrees 41
553	553	minutes 21 seconds West, 762.89 feet;
554	554	North 75 degrees 20 minutes 59 seconds West, 10.00 feet, to a
555	555	found 5/8-inch iron rod;
556	556	Southerly along a curve to the left, through a central angle
557	557	of 20 degrees 16 minutes 31 seconds to the southeast corner of said
558	558	1.664 acre acquisition tract, said curve having a radius of
559	559	2,974.93 feet, an arc length of 1,052.73 feet, and having a long
560	560	chord bearing and distance of South 07 degrees 09 minutes 35 seconds
561	561	West, 1,047.25 feet;
562	562	THENCE South 74 degrees 50 minutes 24 seconds West, 1,330.16
563	563	feet, at 1,058.77 feet, passing a found 5/8-inch iron rod, along the
564	564	southerly line of said 131.31 acre tract, to a southwest corner of
565	565	the herein described tract;
566	566	THENCE North 27 degrees 54 minutes 46 seconds East, 279.89
567	567	feet, to a westerly corner of the herein described tract;
568	568	THENCE North 66 degrees 31 minutes 59 seconds East, 465.28
569	569	feet, to a westerly corner of the herein described tract;
570	570	THENCE North 41 degrees 46 minutes 54 seconds East, 404.13
571	571	feet, to a westerly corner of the herein described tract;
572	572	THENCE North 00 degree 11 minutes 45 seconds West, 293.64
573	573	feet, to a westerly corner of the herein described tract;
574	574	THENCE North 34 degrees 26minutes 10 seconds West, 139.65
575	575	feet, to a westerly corner of the herein described tract;
576	576	THENCE North 45 degrees 40 minutes 37 seconds West, 317.65
577	577	feet, to a westerly corner of the herein described tract;
578	578	THENCE North 78 degrees 31 minutes 11 seconds West, 135.42
579	579	feet, to a westerly corner of the herein described tract;
580	580	THENCE North 37 degrees 54 minutes 16 seconds West, 102.05
581	581	feet, to a westerly corner of the herein described tract;
582	582	THENCE North 13 degrees 54 minutes 22 seconds East, 113.49
583	583	feet, to a westerly corner of the herein described tract;
584	584	THENCE North 60 degrees 27 minutes 57 seconds East, 190.37
585	585	feet, to a westerly corner of the herein described tract;
586	586	THENCE North 44 degrees 31 minutes 09 seconds East, 371.18
587	587	feet, to a westerly corner of the herein described tract;
588	588	THENCE North 25 degrees 01 minute 17 seconds East, 208.41
589	589	feet, to a westerly corner of the herein described tract;
590	590	THENCE North 07 degrees 59 minutes 22 seconds West, 92.95
591	591	feet, to a westerly corner of the herein described tract;
592	592	THENCE North 07 degrees 53 minutes 51 seconds East, 272.81
593	593	feet, to a westerly corner of the herein described tract, lying in
594	594	said northerly of the 131.41 acre tract and the northerly line of
595	595	the Denward James Survey;
596	596	THENCE North 74 degrees 17 minutes 00 second East, 1,197.41
597	597	feet, with and adjoining said northerly line of the 131.41 acre
598	598	tract, to the POINT OF BEGINNING, and containing 47.92 acres more or
599	599	less. Based on an on-the-ground survey conducted on October 20,
600	600	2022.
601	601	SECTION 3. (a) The legal notice of the intention to
602	602	introduce this Act, setting forth the general substance of this
603	603	Act, has been published as provided by law, and the notice and a
604	604	copy of this Act have been furnished to all persons, agencies,
605	605	officials, or entities to which they are required to be furnished
606	606	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
607	607	Government Code.
608	608	(b) The governor, one of the required recipients, has
609	609	submitted the notice and Act to the Texas Commission on
610	610	Environmental Quality.
611	611	(c) The Texas Commission on Environmental Quality has filed
612	612	its recommendations relating to this Act with the governor, the
613	613	lieutenant governor, and the speaker of the house of
614	614	representatives within the required time.
615	615	(d) All requirements of the constitution and laws of this
616	616	state and the rules and procedures of the legislature with respect
617	617	to the notice, introduction, and passage of this Act are fulfilled
618	618	and accomplished.
619	619	SECTION 4. (a) If this Act does not receive a two-thirds
620	620	vote of all the members elected to each house, Subchapter C, Chapter
621	621	8074, Special District Local Laws Code, as added by Section 1 of
622	622	this Act, is amended by adding Section 8074.0306 to read as follows:
623	623	Sec. 8074.0306. NO EMINENT DOMAIN POWER. The district may
624	624	not exercise the power of eminent domain.
625	625	(b) This section is not intended to be an expression of a
626	626	legislative interpretation of the requirements of Section 17(c),
627	627	Article I, Texas Constitution.
628	628	SECTION 5. This Act takes effect immediately if it receives
629	629	a vote of two-thirds of all the members elected to each house, as
630	630	provided by Section 39, Article III, Texas Constitution. If this
631	631	Act does not receive the vote necessary for immediate effect, this
632	632	Act takes effect September 1, 2023.
633	633	______________________________ ______________________________
634	634	President of the Senate Speaker of the House
635	635	I hereby certify that S.B. No. 2571 passed the Senate on
636	636	April 27, 2023, by the following vote: Yeas 28, Nays 3.
637	637	______________________________
638	638	Secretary of the Senate
639	639	I hereby certify that S.B. No. 2571 passed the House on
640	640	May 9, 2023, by the following vote: Yeas 107, Nays 35,
641	641	two present not voting.
642	642	______________________________
643	643	Chief Clerk of the House
644	644	Approved:
645	645	______________________________
646	646	Date
647	647	______________________________
648	648	Governor