TX
Texas Senate Bill SB2572

Texas 2023 - 88th Regular

Texas Senate Bill SB2572 Compare Versions

OldNewDifferences
11 By: Creighton S.B. No. 2572
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the creation of the Montgomery County Municipal Utility
77 District No. 229; granting a limited power of eminent domain;
88 providing authority to issue bonds; providing authority to impose
99 fees and taxes.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1212 Code, is amended by adding Chapter 7970A to read as follows:
1313 CHAPTER 7970A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
1414 NO. 229
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 7970A.0101. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Commission" means the Texas Commission on
1919 Environmental Quality.
2020 (3) "Director" means a board member.
2121 (4) "District" means the Montgomery County Municipal
2222 Utility District No. 229.
2323 Sec. 7970A.0102. NATURE OF DISTRICT. The district is a
2424 municipal utility district created under Section 59, Article XVI,
2525 Texas Constitution.
2626 Sec. 7970A.0103. CONFIRMATION AND DIRECTORS' ELECTION
2727 REQUIRED. The temporary directors shall hold an election to
2828 confirm the creation of the district and to elect five permanent
2929 directors as provided by Section 49.102, Water Code.
3030 Sec. 7970A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3131 temporary directors may not hold an election under Section
3232 7970A.0103 until each municipality in whose corporate limits or
3333 extraterritorial jurisdiction the district is located has
3434 consented by ordinance or resolution to the creation of the
3535 district and to the inclusion of land in the district.
3636 Sec. 7970A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3737 (a) The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 7970A.0106. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act enacting this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act enacting this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 SUBCHAPTER B. BOARD OF DIRECTORS
5959 Sec. 7970A.0201. GOVERNING BODY; TERMS. (a) The district
6060 is governed by a board of five elected directors.
6161 (b) Except as provided by Section 7970A.0202, directors
6262 serve staggered four-year terms.
6363 Sec. 7970A.0202. TEMPORARY DIRECTORS. (a) On or after
6464 September 1, 2023, the owner or owners of a majority of the assessed
6565 value of the real property in the district may submit a petition to
6666 the commission requesting that the commission appoint as temporary
6767 directors the five persons named in the petition. The commission
6868 shall appoint as temporary directors the five persons named in the
6969 petition.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 7970A.0103; or
7373 (2) September 1, 2027.
7474 (c) If permanent directors have not been elected under
7575 Section 7970A.0103 and the terms of the temporary directors have
7676 expired, successor temporary directors shall be appointed or
7777 reappointed as provided by Subsection (d) to serve terms that
7878 expire on the earlier of:
7979 (1) the date permanent directors are elected under
8080 Section 7970A.0103; or
8181 (2) the fourth anniversary of the date of the
8282 appointment or reappointment.
8383 (d) If Subsection (c) applies, the owner or owners of a
8484 majority of the assessed value of the real property in the district
8585 may submit a petition to the commission requesting that the
8686 commission appoint as successor temporary directors the five
8787 persons named in the petition. The commission shall appoint as
8888 successor temporary directors the five persons named in the
8989 petition.
9090 SUBCHAPTER C. POWERS AND DUTIES
9191 Sec. 7970A.0301. GENERAL POWERS AND DUTIES. The district
9292 has the powers and duties necessary to accomplish the purposes for
9393 which the district is created.
9494 Sec. 7970A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9595 DUTIES. The district has the powers and duties provided by the
9696 general law of this state, including Chapters 49 and 54, Water Code,
9797 applicable to municipal utility districts created under Section 59,
9898 Article XVI, Texas Constitution.
9999 Sec. 7970A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100100 Section 52, Article III, Texas Constitution, the district may
101101 design, acquire, construct, finance, issue bonds for, improve,
102102 operate, maintain, and convey to this state, a county, or a
103103 municipality for operation and maintenance macadamized, graveled,
104104 or paved roads, or improvements, including storm drainage, in aid
105105 of those roads.
106106 Sec. 7970A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 7970A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 Sec. 7970A.0306. DIVISION OF DISTRICT. (a) The district
126126 may be divided into two or more new districts only if the district:
127127 (1) has no outstanding bonded debt; and
128128 (2) is not imposing ad valorem taxes.
129129 (b) This chapter applies to any new district created by the
130130 division of the district, and a new district has all the powers and
131131 duties of the district.
132132 (c) Any new district created by the division of the district
133133 may not, at the time the new district is created, contain any land
134134 outside the area described by Section 2 of the Act enacting this
135135 chapter.
136136 (d) The board, on its own motion or on receipt of a petition
137137 signed by the owner or owners of a majority of the assessed value of
138138 the real property in the district, may adopt an order dividing the
139139 district.
140140 (e) The board may adopt an order dividing the district
141141 before or after the date the board holds an election under Section
142142 7970A.0103 to confirm the district's creation.
143143 (f) An order dividing the district shall:
144144 (1) name each new district;
145145 (2) include the metes and bounds description of the
146146 territory of each new district;
147147 (3) appoint temporary directors for each new district;
148148 and
149149 (4) provide for the division of assets and liabilities
150150 between or among the new districts.
151151 (g) On or before the 30th day after the date of adoption of
152152 an order dividing the district, the district shall file the order
153153 with the commission and record the order in the real property
154154 records of each county in which the district is located.
155155 (h) Any new district created by the division of the district
156156 shall hold a confirmation and directors' election as required by
157157 Section 7970A.0103. If the voters of a new district do not confirm
158158 the creation of the new district, the assets, obligations,
159159 territory, and governance of the new district revert to the
160160 original district.
161161 (i) If the creation of the new district is confirmed, the
162162 new district shall provide the election date and results to the
163163 commission.
164164 (j) Municipal consent to the creation of the district and to
165165 the inclusion of land in the district granted under Section
166166 7970A.0104 acts as municipal consent to the creation of any new
167167 district created by the division of the district and to the
168168 inclusion of land in the new district.
169169 (k) Any new district created by the division of the district
170170 must hold an election as required by this chapter to obtain voter
171171 approval before the district may impose a maintenance tax or issue
172172 bonds payable wholly or partly from ad valorem taxes.
173173 (l) This chapter applies to any new district created by the
174174 division of the district, and a new district has all the powers and
175175 duties of the district.
176176 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
177177 Sec. 7970A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
178178 The district may issue, without an election, bonds and other
179179 obligations secured by:
180180 (1) revenue other than ad valorem taxes; or
181181 (2) contract payments described by Section
182182 7970A.0403.
183183 (b) The district must hold an election in the manner
184184 provided by Chapters 49 and 54, Water Code, to obtain voter approval
185185 before the district may impose an ad valorem tax or issue bonds
186186 payable from ad valorem taxes.
187187 (c) The district may not issue bonds payable from ad valorem
188188 taxes to finance a road project unless the issuance is approved by a
189189 vote of a two-thirds majority of the district voters voting at an
190190 election held for that purpose.
191191 Sec. 7970A.0402. OPERATION AND MAINTENANCE TAX. (a) If
192192 authorized at an election held under Section 7970A.0401, the
193193 district may impose an operation and maintenance tax on taxable
194194 property in the district in accordance with Section 49.107, Water
195195 Code.
196196 (b) The board shall determine the tax rate. The rate may not
197197 exceed the rate approved at the election.
198198 Sec. 7970A.0403. CONTRACT TAXES. (a) In accordance with
199199 Section 49.108, Water Code, the district may impose a tax other than
200200 an operation and maintenance tax and use the revenue derived from
201201 the tax to make payments under a contract after the provisions of
202202 the contract have been approved by a majority of the district voters
203203 voting at an election held for that purpose.
204204 (b) A contract approved by the district voters may contain a
205205 provision stating that the contract may be modified or amended by
206206 the board without further voter approval.
207207 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
208208 Sec. 7970A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
209209 OBLIGATIONS. The district may issue bonds or other obligations
210210 payable wholly or partly from ad valorem taxes, impact fees,
211211 revenue, contract payments, grants, or other district money, or any
212212 combination of those sources, to pay for any authorized district
213213 purpose.
214214 Sec. 7970A.0502. TAXES FOR BONDS. At the time the district
215215 issues bonds payable wholly or partly from ad valorem taxes, the
216216 board shall provide for the annual imposition of a continuing
217217 direct ad valorem tax, without limit as to rate or amount, while all
218218 or part of the bonds are outstanding as required and in the manner
219219 provided by Sections 54.601 and 54.602, Water Code.
220220 Sec. 7970A.0503. BONDS FOR ROAD PROJECTS. At the time of
221221 issuance, the total principal amount of bonds or other obligations
222222 issued or incurred to finance road projects and payable from ad
223223 valorem taxes may not exceed one-fourth of the assessed value of the
224224 real property in the district.
225225 SECTION 2. The Montgomery County Municipal Utility District
226226 No. 229 initially includes all the territory contained in the
227227 following area:
228228 TRACT 1: BEING a 290.261 acre tract of land situated in the Presley
229229 Gill Survey, Abstract Number 230, and the Thomas J. Williams
230230 Survey, Abstract Number 593, Montgomery County, Texas, being a the
231231 remainder of a called 320.348 acre tract described as "Parcel 2,
232232 Tract 4", all of that tract described as "Parcel 1, Tract X", and
233233 all of that certain called 45.615 acre tract described as "Parcel 2,
234234 Tract 7", all in instrument to Atakapa, LLC., recorded under
235235 Clerk's File Number 2013016070 of the Official Public Records of
236236 Montgomery County, Texas, (O.P.R.M.C.T.), said 290.261 acre tract
237237 being more particularly described by metes and bounds as follows:
238238 BEGINNING at a 5/8 inch iron rod found in the southwesterly margin
239239 of Faulkner Road for the common easterly corner of said Parcel 2,
240240 Tract 7 and that certain called 3.58 acre tract described in
241241 instrument to Juan G. Alanis, recorded under Clerk's File Number
242242 2010047694, O.P.R.M.C.T., being the easterly northeast corner of
243243 the herein described 290.261 acre tract;
244244 THENCE Southeasterly, with the southwesterly margin of said
245245 Faulkner Road, the northeasterly line of said Parcel 2, Tract 7, the
246246 following ten (10) courses and distances:
247247 South 37°57'43" East, 224.78 feet, to a 5/8 inch iron rod found for
248248 corner;
249249 South 29°48'32" East, 704.24 feet, to a 2 inch iron pipe found for
250250 corner;
251251 South 23°29'11" East, 149.92 feet, to a 1/2 inch iron rod with cap
252252 stamped "TPS 100834-00" set for corner;
253253 South 16°28'45" East, 253.03 feet, to a 5/8 inch iron rod found for
254254 corner;
255255 South 14°26'37" East, 417.65 feet, to a 5/8 inch iron rod found
256256 (bent) for corner;
257257 South 16°31'19" East, 428.16 feet, to a 5/8 inch iron rod found
258258 (bent) for corner;
259259 South 13°53'44" East, 347.18 feet, to a 5/8 inch iron rod found
260260 (bent) for corner;
261261 South 12°13'25" East, 203.50 feet, to a 5/8 inch iron rod found
262262 (bent) for corner;
263263 South 11°00'54" East, 348.83 feet, to a 5/8 inch iron rod found for
264264 corner;
265265 South 33°02'59" East, 102.77 feet, to a 5/8 inch iron rod with cap
266266 found in the northerly line of that certain called 5.000 acre tract
267267 described in instrument to Samuel E. Gray and Robert L. Adams,
268268 recorded under Clerk's File Number 201808136, O.P.R.M.C.T., for the
269269 southeasterly corner of said Parcel 2, Tract 7, being the most
270270 easterly southeast corner of the herein described 290.261 acre
271271 tract;
272272 THENCE South 87°02'12" West, 501.77 feet, with the common line
273273 between said Parcel 2, Tract 7 and said Gray tract, to a 1 1/2 inch
274274 iron pipe found for the common corner of said Parcel 2, Tract 7,
275275 said Gray tract, and that certain called 13.023 acre tract
276276 described in instrument to Marion Alfred Sohl, recorded under
277277 Clerk's File Number 99068832 of the Real Property Records of
278278 Montgomery County, Texas, (R.P.R.M.C.T.), being an interior corner
279279 of the herein described 290.261 acre tract;
280280 THENCE South 85°56'34" West, 514.36 feet, with the common line
281281 between said Parcel 2, Tract 7, and said Sohl tract, to a 5/8 inch
282282 iron rod with cap found (bent) in the apparent common line between
283283 said Williams and Gill Surveys for the common corner of said Parcel
284284 2, Tract 7, said Parcel 1, Tract X, Said Parcel 2, Tract 4, and said
285285 Sohl tract, being an interior corner of the herein described
286286 290.261 acre tract;
287287 THENCE South 03°52'17" East, 534.89 feet, with said apparent common
288288 line and with the common line between said Parcel 2, Tract 4 and
289289 said Sohl tract, to a 5/8 inch iron rod with cap found (bent) for the
290290 common easterly corner of said Parcel 2, Tract 4 and the eastern
291291 portion of that certain tract described in instrument to Albert
292292 Carpenter Rigsby and Donna Ruth Rigsby, being a southeasterly
293293 corner of the herein described 290.261 acre tract;
294294 THENCE South 86°39'45" West, 648.50 feet, with the common line
295295 between said Parcel 2, Tract 4 and said Rigsby tract, to a 5 inch by
296296 5 inch concrete monument found for a common corner of same, being an
297297 interior corner of the herein described 290.261 acre tract;
298298 THENCE South 03°02'33" East, 659.24 feet, continuing with said
299299 common line, to a 1/2 inch iron rod with cap stamped "TPS 100834-00"
300300 set for a common corner of said Parcel 2, Tract 4, said Rigsby
301301 tract, and that certain tract that appears to be owned by Sarah
302302 Dietrich per Montgomery County Appraisal District, being an
303303 interior corner of the herein described 290.261 acre tract;
304304 THENCE South 03°25'22" East, 1838.00 feet, with the common line
305305 between said Parcel 2, Tract 4, and said Dietrich tract, to a 5/8
306306 inch iron rod found (bent) in the northerly line of that certain
307307 called 9.587 acre tract described in instrument to McShan
308308 Investment Holdings, LLC., recorded under Clerk's File Number
309309 2019082984, O.P.R.M.C.T., being a southeasterly corner of said
310310 Parcel 2, Tract 4 and the herein described 290.261 acre tract;
311311 THENCE South 86°42'07" West, 1357.64 feet, with the northerly line
312312 of said McShan Investment Holdings, LLC. tract, that certain called
313313 8.000 acre tract described in instrument to Colin R. McShan and
314314 Jennifer L. McShan, recorded under Clerk's File Number 2015011666,
315315 O.P.R.M.C.T., the remainder of that certain called 16.370 acre
316316 tract described as Tract 2 in instrument to Colin R. McShan and
317317 Jennifer L. McShan, recorded under Clerk's File Number 2014021410,
318318 O.P.R.M.C.T., that certain called 7.1203 acre tract described in
319319 instrument to Jared Carter and Danica Pruitt, recorded under
320320 Clerk's File Number 2018063797, O.P.R.M.C.T., and that certain
321321 called 8.997 acre tract described in instrument to Amanda Beagley,
322322 recorded under Clerk's File Number 2017023668, O.P.R.M.C.T.,
323323 common with a southerly line of said Parcel 2, Tract 4, to a 5 inch
324324 by 5 inch concrete monument found for a common corner of said Parcel
325325 2, Tract 4, and said Beagley tract, being an interior corner of the
326326 herein described 290.261 acre tract;
327327 THENCE South 86°34'21" West, 445.32 feet, continuing with the common
328328 line between said Parcel 2, Tract 4, and said Beagley tract, to a
329329 1/2 inch iron rod with cap found in the easterly line of that
330330 certain called 10.00 acre tract described in instrument to Tara L.
331331 Messmore and Adoph Stricker, Jr., recorded under Clerk's File
332332 Number 2012122793, O.P.R.M.C.T., for the common easterly corner of
333333 said Parcel 2, Tract 4 and said Beagley tract, being a southwesterly
334334 corner of the herein described 290.261 acre tract;
335335 THENCE North 02°02'56" West, 307.98 feet, with the common line
336336 between said Parcel 2, Tract 4 and said Messmore tract, to a 1/2
337337 inch iron rod with cap found for a common corner of same, being an
338338 interior corner of the herein described 290.261 acre tract;
339339 THENCE South 87°13'29" West, 706.71 feet, continuing with said
340340 common line, to a 1/2 inch iron rod with cap found for a common
341341 corner of same, being an interior corner of the herein described
342342 290.261 acre tract;
343343 THENCE South 02°06'38" East, 675.81 feet, with the westerly line of
344344 said Messmore tract and that certain called 3.5283 acre tract
345345 described in instrument to Joshua D. Hamner and Ciarra Hamner,
346346 recorded under Clerk's File Number 2012092079, O.P.R.M.C.T.,
347347 common to an easterly line of said Parcel 2, Tract 4, to a 5/8 inch
348348 iron rod with cap found in the northeasterly margin of Morgan
349349 Cemetery Road, for the common southerly corner of said Parcel 2,
350350 Tract 4 and said Hamner tract, being the southerly southeast corner
351351 of the herein described 290.261 acre tract;
352352 THENCE North 69°05'08" West, 108.70 feet, with the northeasterly
353353 margin of said Morgan Cemetery Road, the southerly southwest line
354354 of said Parcel 2, Tract 4, to a 3/4 inch iron pipe found for the
355355 southeasterly corner of that certain called 44.4667 acre tract
356356 described as Tract 1 in instrument to Kay Lynn Penton, recorded
357357 under Clerk's File Number 2013112575, O.P.R.M.C.T., being the
358358 southerly southwest corner of the herein described 290.261 acre
359359 tract;
360360 THENCE North 02°07'45" West, 631.68 feet, with the easterly line of
361361 said Penton tract, to a 1/2 inch iron rod with cap stamped "TPS
362362 100834-00" set for an interior corner of said Penton tract, being a
363363 westerly corner of the herein described 290.261 acre tract;
364364 THENCE North 35°57'05" East, 1967.62 feet, with the southeasterly
365365 line of said Penton tract, to a 5 inch by 5 inch concrete monument
366366 found for a common corner of said Parcel 2, Tract 4, said Penton
367367 tract, and the westerly portion of said Rigsby tract, being a
368368 northwesterly corner of the herein described 290.261 acre tract;
369369 THENCE North 86°39'29" East, 697.27 feet, with the common line
370370 between said Parcel 2, Tract 4, and said Rigsby tract, to a 5 inch by
371371 5 inch concrete monument found for a common corner of same, being an
372372 interior corner of the herein described 290.261 acre tract;
373373 THENCE North 03°15'16" West, 658.73 feet, continuing with said
374374 common line, to a 5 inch by 5 inch concrete monument found for a
375375 common corner of same, being an interior corner of the herein
376376 described 290.261 acre tract;
377377 THENCE South 86°42'01" West, 1442.18 feet, continuing with said
378378 common line, to a pine knot found in the easterly line of that
379379 certain called 15.49 acre tract described in instrument to Barbara
380380 Ann Brock Craft, recorded under Clerk's File Number 9648165,
381381 R.P.R.M.C.T., being the common westerly corner of said Parcel 2,
382382 Tract 4, and said Rigsby tract, being a southwesterly corner of the
383383 herein described 290.261 acre tract;
384384 THENCE North 03°19'56" West, 539.48 feet, with the common line
385385 between said Parcel 2, Tract 4, and said Craft tract, to a 1/2 inch
386386 iron rod with cap found for the common westerly corner of said
387387 Parcel 2, Tract 4, and that certain called 10 acre tract described
388388 in instrument to Betty A. Wilkerson Trust, recorded under Clerk's
389389 File Number 9454859, R.P.R.M.C.T., being a northwesterly corner of
390390 the herein described 290.261 acre tract;
391391 THENCE North 86°48'10" East, 1387.14 feet, with the southerly line
392392 of said Wilkerson Trust tract, and that certain called 10.560 acre
393393 tract described in instrument to Ralph Wilkerson, recorded under
394394 Clerk's File Number 2005132699, O.P.R.M.C.T., common to a northerly
395395 line of said Parcel 2, Tract 4, to a 1/2 inch iron rod with cap found
396396 (bent) for the common southerly corner of said Parcel 2, Tract 4,
397397 and said Wilkerson tract, being an interior corner of the herein
398398 described 290.261 acre tract;
399399 THENCE North 03°21'22" West, 660.37 feet, with the common line
400400 between said Parcel 2, Tract 4, and said Wilkerson tract, to a 5
401401 inch by 5 inch concrete monument found for the common northerly
402402 corner of said Parcel 2, Tract 4 and said Wilkerson tract, being an
403403 interior corner of the herein described 290.261 acre tract;
404404 THENCE South 86°50'23" West, 659.62 feet, continuing with said
405405 common line, to a 5 inch by 5 inch concrete monument found for the
406406 common corner of said Parcel 2, Tract 4, said Wilkerson tract, said
407407 Wilkerson Trust tract, and that certain called 10.868 acre tract
408408 described as Tract II in instrument to Kenneth R. Brown and Janet L.
409409 Brown, recorded under Clerk's File Number 9622133, R.P.R.M.C.T.,
410410 being a southwesterly corner of the herein described 290.261 acre
411411 tract;
412412 THENCE North 03°23'15" West, 328.65 feet, with the common line
413413 between said Parcel 2, Tract 4, and said Brown tract, to a 5 inch by
414414 5 inch concrete monument found for a common corner of same, being an
415415 interior corner of the herein described 290.261 acre tract;
416416 THENCE North 87°41'41" West, 19.57 feet, continuing with said common
417417 line, to a 1/2 inch iron rod with cap found for a common corner of
418418 same, being a southwesterly corner of the herein described 290.261
419419 acre tract;
420420 THENCE North 03°05'16" West, 328.78 feet, continuing with said
421421 common line, to a 5 inch by 5 inch concrete monument found for a
422422 common corner of said Parcel 2, Tract 4, said Brown tract, and that
423423 certain called 43.220 acre tract described as Tract 1 in said
424424 instrument to Kenneth R. Brown and Janet L. Brown, being an interior
425425 corner of the herein described 290.261 acre tract;
426426 THENCE North 04°06'03" West, 1766.54 feet, with the common line
427427 between said Parcel 2, Tract 4, and said Brown Tract 1, to a 5/8 inch
428428 iron rod with cap found for a common corner of same, being an
429429 interior corner of the herein described 290.261 acre tract;
430430 THENCE South 85°43'05" West, 515.73 feet, continuing with said
431431 common line, to a 5/8 inch iron rod with cap found for a common
432432 corner of same, being a southwesterly corner of the herein
433433 described 290.261 acre tract;
434434 THENCE North 03°52'37" West, 232.64 feet, continuing with said
435435 common line, to a 1/2 inch iron rod with cap found in the
436436 southeasterly right-of-way of the G.C. & S.F. Railroad, for the
437437 common northerly corner of said Parcel 2, Tract 4, and said Brown
438438 Tract 1, being the northerly northwest corner of the herein
439439 described 290.261 acre tract;
440440 THENCE North 84°07'15" East, 1232.54 feet, with the southeasterly
441441 right-of-way of said Railroad, the most northerly line of said
442442 Parcel 2, Tract 4, to a 5/8 inch iron rod with cap found for the
443443 common notherly corner of said Parcel 2, Tract 4, and that certain
444444 called 10.88 acre tract described in instrument to Charles Cave,
445445 recorded under Clerk's File Number 2011108816, O.P.R.M.C.T., being
446446 the most northerly northeast corner of the herein described 290.261
447447 acre tract;
448448 THENCE South 02°45'52" East, 726.54 feet, with the common line
449449 between said Parcel 2, Tract 4, and said Cave tract, to a 5 inch by 5
450450 inch concrete monument found for a common corner of same, being an
451451 interior corner of the herein described 290.261 acre tract;
452452 THENCE North 87°16'20" East, 659.50 feet, continuing with said
453453 common line, to a 1 1/2 inch iron pipe found for a common corner of
454454 said Parcel 2, Tract 4, said Cave tract, that certain called 8.00
455455 acre tract described in instrument to Charles A. Cave, recorded
456456 under Clerk's File Number 2011108882, O.P.R.M.C.T., and that
457457 certain tract described in instrument to T.F. Green, Jr., recorded
458458 in Volume 573, Page 580 of the Deed Records of Montgomery County,
459459 Texas, being a northeasterly corner of the herein described 290.261
460460 acre tract;
461461 THENCE South 03°09'28" East, 654.46 feet, with the common line
462462 between said Parcel 2, Tract 4, and said Green, Jr. tract, to a 1 1/2
463463 inch iron pipe found at a 5 inch by 5 inch concrete monument for a
464464 common corner of same, being an interior corner of the herein
465465 described 290.261 acre tract;
466466 THENCE North 86°47'37" East, 697.75 feet, continuing with said
467467 common line, to a 5 inch by 5 inch concrete monument found (leaning)
468468 in the apparent common line between said Williams and Gill Surveys,
469469 the westerly line of said Parcel 2, Tract 7, for the common easterly
470470 corner of said Parcel 2, Tract 4, and said Green, Jr. tract, being
471471 an interior corner of the herein described 290.261 acre tract;
472472 THENCE North 03°11'40" West, 1029.86 feet, with said apparent common
473473 line, with the easterly line of said Green, Jr. tract and said
474474 Alanis tract, common to the westerly line of said Parcel 2, Tract 7,
475475 to a 1 1/2 inch iron pipe found for the common westerly corner of
476476 said Parcel 2, Tract 7, and said Alanis tract, being a northwesterly
477477 corner of the herein described 290.261 acre tract;
478478 THENCE North 86°26'54" East, 90.28 feet, with the common line
479479 between said Parcel 2, Tract 7, and said Alanis tract, to the POINT
480480 OF BEGINNING.
481481 CONTAINING a computed area of 290.261 acres of land within this
482482 Field Note Description.
483483 TRACT 2: BEING a 54.071 acre tract situated in the Presley Gill
484484 Survey, Abstract Number 230, Montgomery County, Texas, being
485485 comprised of all of that same called 43.220 acre tract described as
486486 "Tract 1", and all of that same called 10.868 acre tract described
487487 as "Tract II", both in instrument to Kenneth R. Brown and Janet L.
488488 Brown, recorded under Clerk's File Number 9622133 of the Real
489489 Property Records of Montgomery County, Texas (R.P.R.M.C.T.), said
490490 54.071 acre tract being more particularly described by metes and
491491 bounds as follows:
492492 BEGINNING at a 1/2 inch capped iron rod found in the southerly
493493 right-of-way of G.C. and S.F. Railroad for the common northerly
494494 corner of said 43.220 acre tract and that certain called 290.261
495495 acre tract described in instrument to Martin Land Ventures, LTD.,
496496 recorded under Clerk's File No. 2020120629 of the Official Public
497497 Records of Montgomery County, Texas (O.P.R.M.C.T.), being the
498498 northerly northeast corner of the herein described 54.071 acre
499499 tract, said POINT OF BEGINNING having a Texas State Plane
500500 Coordinate value of N:10,114,598.92, E:3,910,333.89, Central Zone
501501 (4203), grid measurement;
502502 THENCE South 03°52'37" East, 232.64 feet, with the common line
503503 between said 43.220 acre tract and said 290.261 acre tract, to a 5/8
504504 inch capped iron rod found for a common corner of the same, being an
505505 interior corner of the herein described 54.071 acre tract;
506506 THENCE North 86°13'15" East, departing said common line, with the
507507 easterly north line of said 43.220 acre tract at a distance of
508508 515.73 feet, pass a westerly line of said 290.261 acre tract, in
509509 all, a total distance of 532.66 feet, to a 1/2 inch iron rod found
510510 for the easterly northeast corner of said 43.22 acre tract and the
511511 herein described 54.071 acre tract, from which a 5/8 inch iron rod
512512 with cap found for an interior corner of said 290.261 acre tract
513513 bears North 78°49'35" West, 17.55 feet;
514514 THENCE South 03°46'58" East, 1762.34 feet, with an easterly line of
515515 said 43.220 acre tract, to a 1/2 inch iron rod with cap stamped "TPS
516516 100834-00" set for the southeasterly corner of said 43.220 acre
517517 tract, being a southeasterly corner of the herein described 54.071
518518 acre tract;
519519 THENCE South 89°04'08" West, 7.16 feet, with the southerly line of
520520 said 43.220 acre tract, to a 5" x 5" concrete monument found in a
521521 westerly line of said 290.261 acre tract for the common corner of
522522 said 43.220 acre tract and said 10.868 acre tract, being an interior
523523 corner of the herein described 54.071 acre tract;
524524 THENCE South 03°05'16" East, 328.78 feet, with the common line
525525 between said 10.868 acre tract and said 290.261 acre tract, to a 1/2
526526 inch capped iron rod found for a common corner of the same, being an
527527 interior corner of the herein described 54.071 acre tract;
528528 THENCE South 87°41'41" East, 19.57 feet, continuing with said common
529529 line, to a 5" x 5" concrete monument found for a common corner of the
530530 same, being a northeasterly corner of the herein described 54.071
531531 acre tract;
532532 THENCE South 03°23'15" East, 328.65 feet, continuing with said
533533 common line, to a 5" x 5" concrete monument found for the common
534534 corner of said 10.868 acre tract, said 290.261 acre tract, that
535535 certain called 10.560 acre tract described in instrument to Ralph
536536 Wilkerson recorded under Clerk's File No. 2005132699,
537537 O.P.R.M.C.T., and that certain called 10 acre tract described in
538538 instrument to Betty A. Wilkerson Trust recorded under Clerk's File
539539 No. 9454859, R.P.R.M.C.T., being the southerly southeast corner of
540540 the herein described 54.071 acre tract;
541541 THENCE South 86°45'36" West, 728.01 feet, with the common line
542542 between said 10.868 acre tract and said 10 acre tract, to 1/2 inch
543543 iron rod found in an easterly line of that certain called 15.49 acre
544544 tract described in instrument to Barbara Ann Brock Craft, recorded
545545 under Clerk's File No. 9648165, R.P.R.M.C.T., for the
546546 southwesterly corner of said 10.868 acre tract, being the southerly
547547 southwest corner of the herein described 54.071 acre tract;
548548 THENCE North 02°58'08" West, 661.14 feet, with the easterly line of
549549 said 15.49 acre tract, the southerly east line of that certain
550550 called 9.282 acre tract described in instrument to Fred J. Craft
551551 recorded under Clerk's File No. 7736103, R.P.R.M.C.T., common to
552552 the westerly line of said 10.868 acre tract, to a 1/2 inch iron rod
553553 found in the southerly line of said 43.220 acre tract, for the
554554 common northerly corner of said 10.868 acre tract and said 9.282
555555 acre tract, being an interior corner of the herein described 54.071
556556 acre tract;
557557 THENCE South 86°38'36" West, 298.43 feet, with the common line
558558 between said 43.220 acre tract and said 9.282 acre tract, to a 1-1/2
559559 inch iron pipe found a common corner of the same, being the westerly
560560 southwest corner of the herein described 54.071 acre tract;
561561 THENCE North 03°47'12" West, 1965.61 feet, with the northerly east
562562 line of said 9.282 acre tract and that certain called 20.120 acre
563563 tract described in instrument to Fred J. Craft recorded under
564564 Clerk's File No. 962832, R.P.R.M.C.T., common to the westerly line
565565 of said 43.220 acre tract, to a 1-1/2 inch iron pipe found in the
566566 Southerly right-of-way of said G. C. and S.F. Railroad, for the
567567 common northerly corner of said 43.220 acre tract and said 20.120
568568 acre tract, being the northwesterly corner of the herein described
569569 54.071 acre tract;
570570 THENCE North 84°01'17" East, 478.39 feet, with the southerly
571571 right-of-way of said G.C. and S.F. Railroad, the northerly line of
572572 said 43.220 acre tract, to the POINT OF BEGINNING, containing a
573573 computed area of 54.071 acres of land within this Field Note
574574 Description.
575575 This Field Note Description was prepared from a survey performed on
576576 the ground on May 2, 2022, by Texas Professional Surveying, LLC.,
577577 Registered Professional Land Surveyors and is referenced to Survey
578578 Drawing Project Number 25023.
579579 SECTION 3. (a) The legal notice of the intention to
580580 introduce this Act, setting forth the general substance of this
581581 Act, has been published as provided by law, and the notice and a
582582 copy of this Act have been furnished to all persons, agencies,
583583 officials, or entities to which they are required to be furnished
584584 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
585585 Government Code.
586586 (b) The governor, one of the required recipients, has
587587 submitted the notice and Act to the Texas Commission on
588588 Environmental Quality.
589589 (c) The Texas Commission on Environmental Quality has filed
590590 its recommendations relating to this Act with the governor, the
591591 lieutenant governor, and the speaker of the house of
592592 representatives within the required time.
593593 (d) All requirements of the constitution and laws of this
594594 state and the rules and procedures of the legislature with respect
595595 to the notice, introduction, and passage of this Act are fulfilled
596596 and accomplished.
597597 SECTION 4. (a) If this Act does not receive a two-thirds
598598 vote of all the members elected to each house, Subchapter C, Chapter
599599 7970A, Special District Local Laws Code, as added by Section 1 of
600600 this Act, is amended by adding Section 7970A.0307 to read as
601601 follows:
602602 Sec. 7970A.0307. NO EMINENT DOMAIN POWER. The district may
603603 not exercise the power of eminent domain.
604604 (b) This section is not intended to be an expression of a
605605 legislative interpretation of the requirements of Section 17(c),
606606 Article I, Texas Constitution.
607607 SECTION 5. This Act takes effect September 1, 2023.