By: Creighton S.B. No. 2572
(In the Senate - Filed March 21, 2023; March 23, 2023, read
first time and referred to Committee on Local Government;
April 28, 2023, reported favorably by the following vote: Yeas 7,
Nays 0; April 28, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 229; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
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 7970A to read as follows:
CHAPTER 7970A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 229
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7970A.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 Montgomery County Municipal
Utility District No. 229.
Sec. 7970A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7970A.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. 7970A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7970A.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. 7970A.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. 7970A.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. 7970A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7970A.0202, directors
serve staggered four-year terms.
Sec. 7970A.0202. TEMPORARY DIRECTORS. (a) On or after
September 1, 2023, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7970A.0103; or
(2) September 1, 2027.
(c) If permanent directors have not been elected under
Section 7970A.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 7970A.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. 7970A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7970A.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. 7970A.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. 7970A.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. 7970A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7970A.0306. 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
7970A.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 7970A.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
7970A.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. 7970A.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
7970A.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. 7970A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7970A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7970A.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. 7970A.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. 7970A.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. 7970A.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 Montgomery County Municipal Utility District
No. 229 initially includes all the territory contained in the
following area:
TRACT 1: BEING a 290.261 acre tract of land situated in the Presley
Gill Survey, Abstract Number 230, and the Thomas J. Williams
Survey, Abstract Number 593, Montgomery County, Texas, being a the
remainder of a called 320.348 acre tract described as "Parcel 2,
Tract 4", all of that tract described as "Parcel 1, Tract X", and
all of that certain called 45.615 acre tract described as "Parcel 2,
Tract 7", all in instrument to Atakapa, LLC., recorded under
Clerk's File Number 2013016070 of the Official Public Records of
Montgomery County, Texas, (O.P.R.M.C.T.), said 290.261 acre tract
being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found in the southwesterly margin
of Faulkner Road for the common easterly corner of said Parcel 2,
Tract 7 and that certain called 3.58 acre tract described in
instrument to Juan G. Alanis, recorded under Clerk's File Number
2010047694, O.P.R.M.C.T., being the easterly northeast corner of
the herein described 290.261 acre tract;
THENCE Southeasterly, with the southwesterly margin of said
Faulkner Road, the northeasterly line of said Parcel 2, Tract 7, the
following ten (10) courses and distances:
South 37°57'43" East, 224.78 feet, to a 5/8 inch iron rod found for
corner;
South 29°48'32" East, 704.24 feet, to a 2 inch iron pipe found for
corner;
South 23°29'11" East, 149.92 feet, to a 1/2 inch iron rod with cap
stamped "TPS 100834-00" set for corner;
South 16°28'45" East, 253.03 feet, to a 5/8 inch iron rod found for
corner;
South 14°26'37" East, 417.65 feet, to a 5/8 inch iron rod found
(bent) for corner;
South 16°31'19" East, 428.16 feet, to a 5/8 inch iron rod found
(bent) for corner;
South 13°53'44" East, 347.18 feet, to a 5/8 inch iron rod found
(bent) for corner;
South 12°13'25" East, 203.50 feet, to a 5/8 inch iron rod found
(bent) for corner;
South 11°00'54" East, 348.83 feet, to a 5/8 inch iron rod found for
corner;
South 33°02'59" East, 102.77 feet, to a 5/8 inch iron rod with cap
found in the northerly line of that certain called 5.000 acre tract
described in instrument to Samuel E. Gray and Robert L. Adams,
recorded under Clerk's File Number 201808136, O.P.R.M.C.T., for the
southeasterly corner of said Parcel 2, Tract 7, being the most
easterly southeast corner of the herein described 290.261 acre
tract;
THENCE South 87°02'12" West, 501.77 feet, with the common line
between said Parcel 2, Tract 7 and said Gray tract, to a 1 1/2 inch
iron pipe found for the common corner of said Parcel 2, Tract 7,
said Gray tract, and that certain called 13.023 acre tract
described in instrument to Marion Alfred Sohl, recorded under
Clerk's File Number 99068832 of the Real Property Records of
Montgomery County, Texas, (R.P.R.M.C.T.), being an interior corner
of the herein described 290.261 acre tract;
THENCE South 85°56'34" West, 514.36 feet, with the common line
between said Parcel 2, Tract 7, and said Sohl tract, to a 5/8 inch
iron rod with cap found (bent) in the apparent common line between
said Williams and Gill Surveys for the common corner of said Parcel
2, Tract 7, said Parcel 1, Tract X, Said Parcel 2, Tract 4, and said
Sohl tract, being an interior corner of the herein described
290.261 acre tract;
THENCE South 03°52'17" East, 534.89 feet, with said apparent common
line and with the common line between said Parcel 2, Tract 4 and
said Sohl tract, to a 5/8 inch iron rod with cap found (bent) for the
common easterly corner of said Parcel 2, Tract 4 and the eastern
portion of that certain tract described in instrument to Albert
Carpenter Rigsby and Donna Ruth Rigsby, being a southeasterly
corner of the herein described 290.261 acre tract;
THENCE South 86°39'45" West, 648.50 feet, with the common line
between said Parcel 2, Tract 4 and said Rigsby tract, to a 5 inch by
5 inch concrete monument found for a common corner of same, being an
interior corner of the herein described 290.261 acre tract;
THENCE South 03°02'33" East, 659.24 feet, continuing with said
common line, to a 1/2 inch iron rod with cap stamped "TPS 100834-00"
set for a common corner of said Parcel 2, Tract 4, said Rigsby
tract, and that certain tract that appears to be owned by Sarah
Dietrich per Montgomery County Appraisal District, being an
interior corner of the herein described 290.261 acre tract;
THENCE South 03°25'22" East, 1838.00 feet, with the common line
between said Parcel 2, Tract 4, and said Dietrich tract, to a 5/8
inch iron rod found (bent) in the northerly line of that certain
called 9.587 acre tract described in instrument to McShan
Investment Holdings, LLC., recorded under Clerk's File Number
2019082984, O.P.R.M.C.T., being a southeasterly corner of said
Parcel 2, Tract 4 and the herein described 290.261 acre tract;
THENCE South 86°42'07" West, 1357.64 feet, with the northerly line
of said McShan Investment Holdings, LLC. tract, that certain called
8.000 acre tract described in instrument to Colin R. McShan and
Jennifer L. McShan, recorded under Clerk's File Number 2015011666,
O.P.R.M.C.T., the remainder of that certain called 16.370 acre
tract described as Tract 2 in instrument to Colin R. McShan and
Jennifer L. McShan, recorded under Clerk's File Number 2014021410,
O.P.R.M.C.T., that certain called 7.1203 acre tract described in
instrument to Jared Carter and Danica Pruitt, recorded under
Clerk's File Number 2018063797, O.P.R.M.C.T., and that certain
called 8.997 acre tract described in instrument to Amanda Beagley,
recorded under Clerk's File Number 2017023668, O.P.R.M.C.T.,
common with a southerly line of said Parcel 2, Tract 4, to a 5 inch
by 5 inch concrete monument found for a common corner of said Parcel
2, Tract 4, and said Beagley tract, being an interior corner of the
herein described 290.261 acre tract;
THENCE South 86°34'21" West, 445.32 feet, continuing with the common
line between said Parcel 2, Tract 4, and said Beagley tract, to a
1/2 inch iron rod with cap found in the easterly line of that
certain called 10.00 acre tract described in instrument to Tara L.
Messmore and Adoph Stricker, Jr., recorded under Clerk's File
Number 2012122793, O.P.R.M.C.T., for the common easterly corner of
said Parcel 2, Tract 4 and said Beagley tract, being a southwesterly
corner of the herein described 290.261 acre tract;
THENCE North 02°02'56" West, 307.98 feet, with the common line
between said Parcel 2, Tract 4 and said Messmore tract, to a 1/2
inch iron rod with cap found for a common corner of same, being an
interior corner of the herein described 290.261 acre tract;
THENCE South 87°13'29" West, 706.71 feet, continuing with said
common line, to a 1/2 inch iron rod with cap found for a common
corner of same, being an interior corner of the herein described
290.261 acre tract;
THENCE South 02°06'38" East, 675.81 feet, with the westerly line of
said Messmore tract and that certain called 3.5283 acre tract
described in instrument to Joshua D. Hamner and Ciarra Hamner,
recorded under Clerk's File Number 2012092079, O.P.R.M.C.T.,
common to an easterly line of said Parcel 2, Tract 4, to a 5/8 inch
iron rod with cap found in the northeasterly margin of Morgan
Cemetery Road, for the common southerly corner of said Parcel 2,
Tract 4 and said Hamner tract, being the southerly southeast corner
of the herein described 290.261 acre tract;
THENCE North 69°05'08" West, 108.70 feet, with the northeasterly
margin of said Morgan Cemetery Road, the southerly southwest line
of said Parcel 2, Tract 4, to a 3/4 inch iron pipe found for the
southeasterly corner of that certain called 44.4667 acre tract
described as Tract 1 in instrument to Kay Lynn Penton, recorded
under Clerk's File Number 2013112575, O.P.R.M.C.T., being the
southerly southwest corner of the herein described 290.261 acre
tract;
THENCE North 02°07'45" West, 631.68 feet, with the easterly line of
said Penton tract, to a 1/2 inch iron rod with cap stamped "TPS
100834-00" set for an interior corner of said Penton tract, being a
westerly corner of the herein described 290.261 acre tract;
THENCE North 35°57'05" East, 1967.62 feet, with the southeasterly
line of said Penton tract, to a 5 inch by 5 inch concrete monument
found for a common corner of said Parcel 2, Tract 4, said Penton
tract, and the westerly portion of said Rigsby tract, being a
northwesterly corner of the herein described 290.261 acre tract;
THENCE North 86°39'29" East, 697.27 feet, with the common line
between said Parcel 2, Tract 4, and said Rigsby tract, to a 5 inch by
5 inch concrete monument found for a common corner of same, being an
interior corner of the herein described 290.261 acre tract;
THENCE North 03°15'16" West, 658.73 feet, continuing with said
common line, to a 5 inch by 5 inch concrete monument found for a
common corner of same, being an interior corner of the herein
described 290.261 acre tract;
THENCE South 86°42'01" West, 1442.18 feet, continuing with said
common line, to a pine knot found in the easterly line of that
certain called 15.49 acre tract described in instrument to Barbara
Ann Brock Craft, recorded under Clerk's File Number 9648165,
R.P.R.M.C.T., being the common westerly corner of said Parcel 2,
Tract 4, and said Rigsby tract, being a southwesterly corner of the
herein described 290.261 acre tract;
THENCE North 03°19'56" West, 539.48 feet, with the common line
between said Parcel 2, Tract 4, and said Craft tract, to a 1/2 inch
iron rod with cap found for the common westerly corner of said
Parcel 2, Tract 4, and that certain called 10 acre tract described
in instrument to Betty A. Wilkerson Trust, recorded under Clerk's
File Number 9454859, R.P.R.M.C.T., being a northwesterly corner of
the herein described 290.261 acre tract;
THENCE North 86°48'10" East, 1387.14 feet, with the southerly line
of said Wilkerson Trust tract, and that certain called 10.560 acre
tract described in instrument to Ralph Wilkerson, recorded under
Clerk's File Number 2005132699, O.P.R.M.C.T., common to a northerly
line of said Parcel 2, Tract 4, to a 1/2 inch iron rod with cap found
(bent) for the common southerly corner of said Parcel 2, Tract 4,
and said Wilkerson tract, being an interior corner of the herein
described 290.261 acre tract;
THENCE North 03°21'22" West, 660.37 feet, with the common line
between said Parcel 2, Tract 4, and said Wilkerson tract, to a 5
inch by 5 inch concrete monument found for the common northerly
corner of said Parcel 2, Tract 4 and said Wilkerson tract, being an
interior corner of the herein described 290.261 acre tract;
THENCE South 86°50'23" West, 659.62 feet, continuing with said
common line, to a 5 inch by 5 inch concrete monument found for the
common corner of said Parcel 2, Tract 4, said Wilkerson tract, said
Wilkerson Trust tract, and that certain called 10.868 acre tract
described as Tract II in instrument to Kenneth R. Brown and Janet L.
Brown, recorded under Clerk's File Number 9622133, R.P.R.M.C.T.,
being a southwesterly corner of the herein described 290.261 acre
tract;
THENCE North 03°23'15" West, 328.65 feet, with the common line
between said Parcel 2, Tract 4, and said Brown tract, to a 5 inch by
5 inch concrete monument found for a common corner of same, being an
interior corner of the herein described 290.261 acre tract;
THENCE North 87°41'41" West, 19.57 feet, continuing with said common
line, to a 1/2 inch iron rod with cap found for a common corner of
same, being a southwesterly corner of the herein described 290.261
acre tract;
THENCE North 03°05'16" West, 328.78 feet, continuing with said
common line, to a 5 inch by 5 inch concrete monument found for a
common corner of said Parcel 2, Tract 4, said Brown tract, and that
certain called 43.220 acre tract described as Tract 1 in said
instrument to Kenneth R. Brown and Janet L. Brown, being an interior
corner of the herein described 290.261 acre tract;
THENCE North 04°06'03" West, 1766.54 feet, with the common line
between said Parcel 2, Tract 4, and said Brown Tract 1, to a 5/8 inch
iron rod with cap found for a common corner of same, being an
interior corner of the herein described 290.261 acre tract;
THENCE South 85°43'05" West, 515.73 feet, continuing with said
common line, to a 5/8 inch iron rod with cap found for a common
corner of same, being a southwesterly corner of the herein
described 290.261 acre tract;
THENCE North 03°52'37" West, 232.64 feet, continuing with said
common line, to a 1/2 inch iron rod with cap found in the
southeasterly right-of-way of the G.C. & S.F. Railroad, for the
common northerly corner of said Parcel 2, Tract 4, and said Brown
Tract 1, being the northerly northwest corner of the herein
described 290.261 acre tract;
THENCE North 84°07'15" East, 1232.54 feet, with the southeasterly
right-of-way of said Railroad, the most northerly line of said
Parcel 2, Tract 4, to a 5/8 inch iron rod with cap found for the
common notherly corner of said Parcel 2, Tract 4, and that certain
called 10.88 acre tract described in instrument to Charles Cave,
recorded under Clerk's File Number 2011108816, O.P.R.M.C.T., being
the most northerly northeast corner of the herein described 290.261
acre tract;
THENCE South 02°45'52" East, 726.54 feet, with the common line
between said Parcel 2, Tract 4, and said Cave tract, to a 5 inch by 5
inch concrete monument found for a common corner of same, being an
interior corner of the herein described 290.261 acre tract;
THENCE North 87°16'20" East, 659.50 feet, continuing with said
common line, to a 1 1/2 inch iron pipe found for a common corner of
said Parcel 2, Tract 4, said Cave tract, that certain called 8.00
acre tract described in instrument to Charles A. Cave, recorded
under Clerk's File Number 2011108882, O.P.R.M.C.T., and that
certain tract described in instrument to T.F. Green, Jr., recorded
in Volume 573, Page 580 of the Deed Records of Montgomery County,
Texas, being a northeasterly corner of the herein described 290.261
acre tract;
THENCE South 03°09'28" East, 654.46 feet, with the common line
between said Parcel 2, Tract 4, and said Green, Jr. tract, to a 1 1/2
inch iron pipe found at a 5 inch by 5 inch concrete monument for a
common corner of same, being an interior corner of the herein
described 290.261 acre tract;
THENCE North 86°47'37" East, 697.75 feet, continuing with said
common line, to a 5 inch by 5 inch concrete monument found (leaning)
in the apparent common line between said Williams and Gill Surveys,
the westerly line of said Parcel 2, Tract 7, for the common easterly
corner of said Parcel 2, Tract 4, and said Green, Jr. tract, being
an interior corner of the herein described 290.261 acre tract;
THENCE North 03°11'40" West, 1029.86 feet, with said apparent common
line, with the easterly line of said Green, Jr. tract and said
Alanis tract, common to the westerly line of said Parcel 2, Tract 7,
to a 1 1/2 inch iron pipe found for the common westerly corner of
said Parcel 2, Tract 7, and said Alanis tract, being a northwesterly
corner of the herein described 290.261 acre tract;
THENCE North 86°26'54" East, 90.28 feet, with the common line
between said Parcel 2, Tract 7, and said Alanis tract, to the POINT
OF BEGINNING.
CONTAINING a computed area of 290.261 acres of land within this
Field Note Description.
TRACT 2: BEING a 54.071 acre tract situated in the Presley Gill
Survey, Abstract Number 230, Montgomery County, Texas, being
comprised of all of that same called 43.220 acre tract described as
"Tract 1", and all of that same called 10.868 acre tract described
as "Tract II", both in instrument to Kenneth R. Brown and Janet L.
Brown, recorded under Clerk's File Number 9622133 of the Real
Property Records of Montgomery County, Texas (R.P.R.M.C.T.), said
54.071 acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2 inch capped iron rod found in the southerly
right-of-way of G.C. and S.F. Railroad for the common northerly
corner of said 43.220 acre tract and that certain called 290.261
acre tract described in instrument to Martin Land Ventures, LTD.,
recorded under Clerk's File No. 2020120629 of the Official Public
Records of Montgomery County, Texas (O.P.R.M.C.T.), being the
northerly northeast corner of the herein described 54.071 acre
tract, said POINT OF BEGINNING having a Texas State Plane
Coordinate value of N:10,114,598.92, E:3,910,333.89, Central Zone
(4203), grid measurement;
THENCE South 03°52'37" East, 232.64 feet, with the common line
between said 43.220 acre tract and said 290.261 acre tract, to a 5/8
inch capped iron rod found for a common corner of the same, being an
interior corner of the herein described 54.071 acre tract;
THENCE North 86°13'15" East, departing said common line, with the
easterly north line of said 43.220 acre tract at a distance of
515.73 feet, pass a westerly line of said 290.261 acre tract, in
all, a total distance of 532.66 feet, to a 1/2 inch iron rod found
for the easterly northeast corner of said 43.22 acre tract and the
herein described 54.071 acre tract, from which a 5/8 inch iron rod
with cap found for an interior corner of said 290.261 acre tract
bears North 78°49'35" West, 17.55 feet;
THENCE South 03°46'58" East, 1762.34 feet, with an easterly line of
said 43.220 acre tract, to a 1/2 inch iron rod with cap stamped "TPS
100834-00" set for the southeasterly corner of said 43.220 acre
tract, being a southeasterly corner of the herein described 54.071
acre tract;
THENCE South 89°04'08" West, 7.16 feet, with the southerly line of
said 43.220 acre tract, to a 5" x 5" concrete monument found in a
westerly line of said 290.261 acre tract for the common corner of
said 43.220 acre tract and said 10.868 acre tract, being an interior
corner of the herein described 54.071 acre tract;
THENCE South 03°05'16" East, 328.78 feet, with the common line
between said 10.868 acre tract and said 290.261 acre tract, to a 1/2
inch capped iron rod found for a common corner of the same, being an
interior corner of the herein described 54.071 acre tract;
THENCE South 87°41'41" East, 19.57 feet, continuing with said common
line, to a 5" x 5" concrete monument found for a common corner of the
same, being a northeasterly corner of the herein described 54.071
acre tract;
THENCE South 03°23'15" East, 328.65 feet, continuing with said
common line, to a 5" x 5" concrete monument found for the common
corner of said 10.868 acre tract, said 290.261 acre tract, that
certain called 10.560 acre tract described in instrument to Ralph
Wilkerson recorded under Clerk's File No. 2005132699,
O.P.R.M.C.T., and that certain called 10 acre tract described in
instrument to Betty A. Wilkerson Trust recorded under Clerk's File
No. 9454859, R.P.R.M.C.T., being the southerly southeast corner of
the herein described 54.071 acre tract;
THENCE South 86°45'36" West, 728.01 feet, with the common line
between said 10.868 acre tract and said 10 acre tract, to 1/2 inch
iron rod found in an easterly line of that certain called 15.49 acre
tract described in instrument to Barbara Ann Brock Craft, recorded
under Clerk's File No. 9648165, R.P.R.M.C.T., for the
southwesterly corner of said 10.868 acre tract, being the southerly
southwest corner of the herein described 54.071 acre tract;
THENCE North 02°58'08" West, 661.14 feet, with the easterly line of
said 15.49 acre tract, the southerly east line of that certain
called 9.282 acre tract described in instrument to Fred J. Craft
recorded under Clerk's File No. 7736103, R.P.R.M.C.T., common to
the westerly line of said 10.868 acre tract, to a 1/2 inch iron rod
found in the southerly line of said 43.220 acre tract, for the
common northerly corner of said 10.868 acre tract and said 9.282
acre tract, being an interior corner of the herein described 54.071
acre tract;
THENCE South 86°38'36" West, 298.43 feet, with the common line
between said 43.220 acre tract and said 9.282 acre tract, to a 1-1/2
inch iron pipe found a common corner of the same, being the westerly
southwest corner of the herein described 54.071 acre tract;
THENCE North 03°47'12" West, 1965.61 feet, with the northerly east
line of said 9.282 acre tract and that certain called 20.120 acre
tract described in instrument to Fred J. Craft recorded under
Clerk's File No. 962832, R.P.R.M.C.T., common to the westerly line
of said 43.220 acre tract, to a 1-1/2 inch iron pipe found in the
Southerly right-of-way of said G. C. and S.F. Railroad, for the
common northerly corner of said 43.220 acre tract and said 20.120
acre tract, being the northwesterly corner of the herein described
54.071 acre tract;
THENCE North 84°01'17" East, 478.39 feet, with the southerly
right-of-way of said G.C. and S.F. Railroad, the northerly line of
said 43.220 acre tract, to the POINT OF BEGINNING, containing a
computed area of 54.071 acres of land within this Field Note
Description.
This Field Note Description was prepared from a survey performed on
the ground on May 2, 2022, by Texas Professional Surveying, LLC.,
Registered Professional Land Surveyors and is referenced to Survey
Drawing Project Number 25023.
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
7970A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7970A.0307 to read as
follows:
Sec. 7970A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2023.
* * * * *