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Texas Senate Bill SB2574

Texas 2023 - 88th Regular

Texas Senate Bill SB2574 Compare Versions

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11 By: Creighton S.B. No. 2574
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. 228; granting a limited power of eminent domain;
88 providing authority to issue bonds; providing authority to impose
99 assessments, 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 7969A to read as follows:
1313 CHAPTER 7969A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
1414 NO. 228
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 7969A.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. 228.
2323 Sec. 7969A.0102. NATURE OF DISTRICT. The district is a
2424 municipal utility district created under Section 59, Article XVI,
2525 Texas Constitution.
2626 Sec. 7969A.0103. CONFIRMATION AND DIRECTOR 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. 7969A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3131 temporary directors may not hold an election under Section
3232 7969A.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. 7969A.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. 7969A.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. 7969A.0201. GOVERNING BODY; TERMS. (a) The district
6060 is governed by a board of five elected directors.
6161 (b) Except as provided by Section 7969A.0202, directors
6262 serve staggered four-year terms.
6363 Sec. 7969A.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 7969A.0103; or
7373 (2) September 1, 2027.
7474 (c) If permanent directors have not been elected under
7575 Section 7969A.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 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.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 7969A.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 7969A.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 7969A.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. 7969A.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 7969A.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. 7969A.0402. OPERATION AND MAINTENANCE TAX. (a) If
192192 authorized at an election held under Section 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.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. 228 initially includes all the territory contained in the
227227 following area:
228228 BEING a 319.424 acre tract of land situated in the Clark Beach
229229 Survey, Abstract Number 79, Montgomery County, Texas, being a
230230 portion of that certain called 1,278.671 acre tract described as
231231 "Parcel 2, Tract 1" in instrument to Atakapa, LLC., recorded under
232232 Clerk's File Number 2013016070 of the Official Public Records of
233233 Montgomery County, Texas (O.P.R.M.C.T.), and all of that certain
234234 tract described as "Tract 68, of Security Subdivision, described in
235235 instrument to Lone Star Timber II, LP, recorded under Clerk's File
236236 Number 200 I 106195, O.P.R.M.C.T., said 319.424 acre tract being
237237 more particularly described by metes and bounds as follows:
238238 BEGINNING at 5/8 inch iron rod found in the northeasterly margin of
239239 Crockett Martin Road for the common westerly comer of said Parcel 2,
240240 Tract 1 and that certain called 13.98 acre tract described in
241241 instrument to Tee Total Engineering Expectations, LLC., recorded
242242 under Clerk's File Number 2016093633, O.P.R.M.C.T., being a
243243 southwesterly corner of the herein described 319.424 acre tract;
244244 THENCE North 22°38'32" West, 4 I 8.13 feet, with the northeasterly
245245 margin of said Crockett Martin Road, a southwesterly I ine of said
246246 Parcel 2, Tract I, to a 1/2 inch iron rod with cap stamped "TPS I
247247 00834-00" set for an angle point in the northeasterly margin of said
248248 Crockett Martin Road, being an angle point in a southwesterly line
249249 of the herein described 31 9.424 acre tract;
250250 THENCE North 24°02'13" West, 163.31 feet, continuing with the
251251 northeasterly margin of said Crockett Martin Road, a southwesterly
252252 line of said Parcel 2, Tract I, to a 5/8 inch iron rod found for an
253253 angle point in the northeasterly margin of said Crockett Martin
254254 Road, being an angle point in a southwesterly line of the herein
255255 described 319.424 acre tract;
256256 THENCE North 24°51'II" West, 464.87 feet, continuing with the
257257 northeasterly margin of said Crockett Martin Road, a southwesterly
258258 line of said Parcel 2, Tract I, to a 5/8 inch iron rod with aluminum
259259 cap found at a 1 1/2 inch iron pipe for the common westerly comer of
260260 said Parcel 2, Tract I and that certain called 2.61 acre tract
261261 described in instrument to Anja C. Joyce and Kenton Joyce, recorded
262262 under Clerk's File Number 9813446 of the Real Property Records of
263263 Montgomery County, Texas (R.P.R.M.C.T.), being the westerly
264264 northwest comer of the herein described 319.424 acre tract;
265265 THENCE North 82°55'00" East, 281.41 feet, with the common line
266266 between said Parcel 2, Tract I and said 2.61 acre tract, to a 5/8
267267 inch iron rod with aluminum cap found at a I 1/2 inch iron pipe for
268268 the common easterly comer of said Parcel 2, Tract I and said 2.61
269269 acre tract, being an interior comer of the herein described 319.424
270270 acre tract;
271271 THENCE North 02°23'26" West, 319.49 feet, with the easterly line of
272272 said 2.61 acre tract and that certain called
273273 4.00 acre tract described in instrument to Anja C. Joyce and Kenton
274274 Joyce, recorded under Clerk's File Number 9802056, R.P.R.M.C.T.,
275275 common to a westerly line of said Parcel 2, Tract l, to a 1 1/2 inch
276276 iron pipe found for the common westerly corner of said Parcel 2,
277277 Tract I and the remainder of that certain called 1.56 acre tract
278278 described as "Tract One" in instrument to Enderli Family Living
279279 Trust, recorded under Clerk's File Number 2002026404,
280280 O.P.R.M.C.T., being a northwesterly corner of the herein described
281281 319.424 acre tract;
282282 THENCE North 87°30'12" East, 658.45 feet, with the southerly line of
283283 said remainder of 1.56 acre tract, and that certain called 2.46 acre
284284 tract described in instrument to Richard Ebert, recorded under
285285 Clerk's File Number 2006034086, O.P.R.M.C.T., common to a northerly
286286 line of said Parcel 2, Tract I, to a 1 inch iron pipe found for the
287287 common corner of said Parcel 2, Tract 1, said 2.46 acre tract, and
288288 that certain called 19 acre tract described in instrument to John
289289 Ganze, recorded under Clerk's File Number 20 I 5084061,
290290 O.P.R.M.C.T., being an angle point in a northerly line of the herein
291291 described 319.424 acre tract;
292292 THENCE North 85°37'24" East, 1,329.41 feet, with the common line
293293 between said Parcel 2, Tract 1 and said 19 acre tract, to a 1 inch
294294 pinched top iron pipe at a 1/2 inch iron rod found for a common
295295 corner of the same, being an interior corner of the herein described
296296 319.424 acre tract, from which a 1-1/2 inch iron pipe found for
297297 reference bears North 60°14' 16" East, 0.83 feet;
298298 THENCE North 03°09'58" West, 661.01 feet, continuing with said
299299 common line, to a l 1/2 inch iron pipe found for a common corner of
300300 the same, being an interior corner of the herein described 319.424
301301 acre tract;
302302 THENCE South 86°27'29" West, 1,321.54 feet, continuing with said
303303 common line, to a I inch iron pipe found in an easterly line of that
304304 certain called 3.12 acre tract described in instrument to Kelly
305305 Kenney, recorded under Clerk's File Number 2018073035,
306306 O.P.R.M.C.T., for the common westerly corner of said Parcel 2,
307307 Tract 1 and said 19 acre tract, being a southwesterly comer of the
308308 herein described 319.424 acre tract, from which a 2 inch iron pipe
309309 found for reference bears South 02°56'06" East, 38.45 feet;
310310 THENCE North 03°22'48" West, with the easterly line of said 3.12
311311 acre tract, that certain called 4.08 acre tract described in
312312 instrument to Sherry Navarro, recorded under Clerk's File Number
313313 2021025975, O.P.R.M.C.T., and that certain called 5.47 acre tract
314314 described in instrument to Sherry Brewer, recorded under Clerk's
315315 File Number 2021025976, O.P.R.M.C.T., common to a westerly line of
316316 said Parcel 2, Tract I, at a distance of 58.22 feet, pass a 11/2 inch
317317 iron pipe found for reference, at a distance of 58.82 feet, pass a
318318 3/8 inch iron rod found for the common easterly corner of said 3. 12
319319 acre tract and said 4.08 acre tract, at a distance of 278.14 feet,
320320 pass a 5/8 inch iron rod found for reference, at a distance of
321321 654.62 feet, pass a 2 inch iron pipe found for reference, in all, a
322322 total distance of
323323 660.48 feet, to a 5/8 inch iron rod with aluminum cap found at a l
324324 1/2 inch iron pipe in the southerly line of that certain called 5.05
325325 acre tract described as "Tract 2" in instrument to Douglas Edward
326326 Young, recorded under Clerk's File Number 99097271, R.P.R.M.C.T.,
327327 for the common northerly corner of said Parcel 2, Tract 1 and said
328328 5.47 acre tract, being a northwesterly corner of the herein
329329 described 319.424 acre tract;
330330 THENCE North 86°36'04" East, 660.46 feet, with the common line
331331 between said Parcel 2, Tract 1 and said 5.05 acre tract, to a 5/8
332332 inch iron rod with aluminum cap found at a I 1/2 inch iron pipe found
333333 for a common comer of the same, being an interior comer of the
334334 herein described 319.424 acre tract;
335335 THENCE North 03°15'45" West, 660.05 feet, with the easterly line of
336336 said 5.05 acre tract and that certain called
337337 11.64 acre tract described in instrument to Douglas Young, recorded
338338 under Clerk's File Number 2011098942, O.P.R.M.C.T., common to a
339339 westerly line of said Parcel 2, Tract 1, to a 1 1/2 inch iron pipe
340340 found for the common northerly comer of said Parcel 2, Tract 1 and
341341 said 11.64 acre tract, being a northwesterly comer of the herein
342342 described 319.424 acre tract, from which a 3/8 inch iron rod found
343343 for reference bears South 86°35'15" West, 1,087.27 feet;
344344 THENCE North 86°23'02" East, 1,975.99 feet, severing, over and
345345 across said Parcel 2, Tract 1, to a I 1/2 inch iron pipe found at a
346346 5/8 inch iron rod for the northwesterly corner of that certain tract
347347 described as "Tracts 55 and 58" of Security Subdivision, Section
348348 One, in instrument to Gary Mitchel Lippert, recorded under Clerk's
349349 File Number 2015112584, O.P.R.M.C.T., being a northeasterly corner
350350 of the herein described 3 I 9.424 acre tract;
351351 THENCE with the common line between said Parcel 2, Tract I and said
352352 Tracts 55 and 58, the following three (3) courses and distances:
353353 South 03°11'45" East, 656.19 feet, to a1/2 inch iron rod with cap
354354 stamped "TPS 100834-00" set for comer;
355355 North 87°11'48" East, 661.77 feet, to a1/2 inch iron rod with cap
356356 stamped "TPS 100834-00" set for comer;
357357 North 03°25'52" West, 662.49 feet, to a 1 inch iron pipe found for
358358 the northeasterly comer of said Tracts 55 and 58, being a
359359 northwesterly comer of the herein described 319.424 acre tract;
360360 THENCE North 86°39'04" East, 652.56 feet, severing, over and across
361361 said Parcel 2, Tract 1, to a1/2 inch iron rod with cap stamped "TPS
362362 100834-00" set for a northeasterly comer of the herein described
363363 319.424 acre tract;
364364 THENCE South 03°37'03" East, 2,642.97 feet, continuing, over and
365365 across said Parcel 2, Tract 1, to a 1 inch iron pipe found, bent, for
366366 the easterly common north comer of said Parcel 2, Tract 1, and that
367367 certain tract described as being Tract 120 of said Section 1, in
368368 instrument to Felix Canseco, recorded under Clerk's File Number
369369 8742170, R.P.R.M.C.T., being a southeasterly corner of the herein
370370 described 319.424 acre tract;
371371 THENCE with the common line between said Parcel 2, Tract I and said
372372 Canseco tract, the following three (3) courses and distances:
373373 South 86°27'22" West, 660.84 feet, to a 5/8 inch iron rod with cap
374374 found for comer;
375375 South 03°37'00" East, 329.72 feet, to a1/2 inch iron rod with cap
376376 stamped "TPS I 00834-00" set for comer;
377377 North 86°27'48" East, at a distance of 659.12 feet, pass a 1 inch
378378 iron pipe found, bent, for reference, in all, a total distance of
379379 660.85 feet, to a 1/2 inch iron rod with cap stamped "TPS 100834-00"
380380 set for the common southerly corner of said Parcel 2, Tract 1 and
381381 said Canseco tract, being the northeasterly corner of the herein
382382 described 319.424 acre tract;
383383 THENCE South 03°37'03" East, 1,034.68 feet, continuing across said
384384 Parcel 2, Tract I, to a1/2 inch iron rod with cap stamped "TPS
385385 100834-00" set in the northerly line of that certain called 4.00
386386 acre tract described in instrument to Joshua Kevin Perry, recorded
387387 under Clerk's File Number 2005129306, O.P.R.M.C.T., being a
388388 southeasterly corner of the herein described 319.424 acre tract,
389389 from which a 5/8 inch iron rod found for reference bears North
390390 86°39'34" East, 1, l 02.43 feet;
391391 THENCE South 86°39'34" West, 217.01 feet, with the common line
392392 between said Parcel 2, Tract 1 and said 4.00 acre tract, to a 1 1/2
393393 inch iron pipe found for a common comer of the same, being an
394394 interior corner of the herein described 319.424 acre tract;
395395 THENCE South 03°14'53" East, 681.43 feet, continuing with said
396396 common line, to a 5/8 inch iron rod found in the northerly margin of
397397 Farm to Market Road 2090 (F.M. 2090), for the common southerly comer
398398 of said Parcel 2, Tract I and said 4.00 acre tract, being the
399399 southerly southeast comer of the herein described 319.424 acre
400400 tract;
401401 THENCE North 77°10'20" West, 559.86 feet, with the northerly
402402 right-of-way of said F.M. 2090, a southerly line of said Parcel 2,
403403 Tract 1, to a 1/2 inch iron rod with cap stamped "TPS l 00834-00" set
404404 for the beginning of a curve to the left;
405405 THENCE Northwesterly, 809.97 feet, continuing with the northerly
406406 right-of-way of said F.M. 2090, a southerly line of said Parcel 2,
407407 Tract l, along the arc of said curve to the left, having a radius of
408408 5,779.81 feet, a central angle of 08°01'46", a chord that bears
409409 North 81°09'00" West, 809.31 feet, to a1/2 inch iron rod with cap
410410 stamped "TPS 100834-00" set for the common southerly comer of said
411411 Parcel 2, Tract I and that certain called 1.74 acre tract described
412412 in instrument to Innerfaith Disciple House, recorded under Clerk's
413413 File Number 20 I 8099589, O.P.R.M.C.T., being the most southerly
414414 southwest comer of the herein described 319.424 acre tract;
415415 THENCE North 03°37'57" West, 1,007.31 feet, with the easterly line
416416 of said I .74 acre tract and the remainder of that certain tract
417417 described as being Lots I 33 and 134 of said Section I, in
418418 instrument to Robert L. Bartlett, recorded under Clerk's File
419419 Number 2019030913, O.P.R.M.C.T., common to a westerly line of said
420420 Parcel 2, Tract I, to a 5/8 inch iron rod with aluminum cap found at
421421 a 1 1/2 inch iron pipe for the common northerly comer of said Parcel
422422 2, Tract I and said Bartlett tract, being an interior comer of the
423423 herein described 319.424 acre tract;
424424 THENCE South 86°53'08" West, 659.72 feet, with the northerly line of
425425 said Bartlett tract and that certain called 5.10 acre tract
426426 described as "Tract I" in instrument to John D. Mitchell, recorded
427427 under Clerk's File Number
428428 20 I 7066131, O.P.R.M.C.T., common to a southerly line of said
429429 Parcel 2, Tract 1, to a 5/8 inch iron rod with aluminum cap found at
430430 a l 1/2 inch iron pipe found for the common comer of said Parcel 2,
431431 Tract I, said 5.IO acre tract, and that certain called 28.112 acre
432432 tract described in instrument to Bobby Giles and Renata Giles,
433433 recorded under Clerk's File Number 2016011300, O.P.R.M.C.T., being
434434 an angle point in a southerly line of the herein described 319.424
435435 acre tract;
436436 THENCE South 87°19'09" West, 1,319.93 feet, with the common line
437437 between said Parcel 2, Tract 1 and said 28.112 acre tract, to a I
438438 inch pinched top iron pipe found at a 1 inch iron pipe found for the
439439 common comer of said Parcel 2, Tract I, said 28.112 acre tract, and
440440 said 13.98 acre tract, being an angle point in a southerly line of
441441 the herein described 3 I 9.424 acre tract;
442442 THENCE South 87°38'49" West, 1,024.19 feet, with the common line
443443 between said Parcel 2, Tract 1 and said 13.98 acre tract, to the
444444 POINT OF BEGINNING.
445445 CONTAINING a computed area of 319.424 acres of land within this
446446 Field Note Description Save and Except the following described
447447 5.090 acre tract:
448448 FIELD NOTE DESCRIPTION 5.090ACRES
449449 IN THE CLARK BEACH SURVEY, ABSTRACT NUMBER 79 MONTGOMERY COUNTY,
450450 TEXAS
451451 BEING a 5.090 acre tract of land situated in the Clark Beach Survey,
452452 Abstract Number 79, Montgomery County, Texas, being all of that
453453 same tract described as "Parcel I", being Farm Tract 75, of said
454454 Section 1, described in instrument to JBMG, LTD., recorded under
455455 Clerk's File Number 9569681, R.P.R.M.C.T., said 5.090 acre tract
456456 being more particularly described by metes and bounds as follows:
457457 BEGINNING at a 5/8 inch iron rod with aluminum cap found at a I inch
458458 pinched top iron pipe for the southerly common east corner of said
459459 Parcel 2, Tract I and said JBMG tract, being the southeasterly
460460 corner of the herein described 5.090 acre tract, from which a 1 inch
461461 iron pipe found, for the easterly common north comer of said Parcel
462462 2, Tract 1 and said Canseco tract bears South 48°23' 51" East,
463463 1,866.30 feet;
464464 THENCE with the common line between said Parcel 2, Tract 1 and said
465465 JBMG tract, the following four (4) courses and distances:
466466 South 86°34' 17" West, 657. IO feet, to a 1 inch pinched top iron
467467 pipe found, disturbed for comer, from which a I inch iron pipe found
468468 at a 1/2 inch iron rod found for the southerly common east corner of
469469 said Parcel 2, Tract I and said 19 acre tract bears South 41°635'3 I"
470470 West, 938.44 feet;
471471 North 04°19'03" West, 336.19 feet, to a 5/8 inch iron rod with cap
472472 found at a 1 inch iron pipe for comer;
473473 North 86°25' 10" East, 658.66 feet, to a 5/8 inch iron rod found at a
474474 1 inch iron pipe for comer;
475475 South 04°02'56" East, 337.92 feet, to the POINT OF BEGINNING.
476476 CONTAINING a computed area of 5.090 acres ofland within this Field
477477 Note Description Save and Except the following described 4.999 acre
478478 tract
479479 FIELD NOTE DESCRIPTION 4.999ACRES
480480 IN THE CLARK BEACH SURVEY, ABSTRACT NUMBER 79 MONTGOMERY COUNTY,
481481 TEXAS
482482 BEING a 4.999 acre tract of land situated in the Clark Beach Survey,
483483 Abstract Number 79, Montgomery County, Texas, being al I of that
484484 same tract described as being Farm Tract 108 of said Section I,
485485 described in instrument to Adeline A. Barnes, et al, recorded under
486486 Clerk's File Number 7506958, R.P.R.M.C.T., said 4.999 acre tract
487487 being more particularly described by metes and bounds as follows:
488488 BEGINNING at a 5/8 inch iron rod with aluminum cap at a I 1/2 inch
489489 iron pipe found for the easterly common south comer of said Parcel
490490 2, Tract I and said Barnes tract, being the southeasterly comer of
491491 the herein described 4.999 acre tract, from which a1/2 inch iron rod
492492 with cap stamped "TPS 100834-00" set for the westerly common south
493493 comer of said Parcel 2, Tract I and said Canseco tract bears South
494494 66°46'02" East, 739.05 feet;
495495 THENCE with the common line between said Parcel 2, Tract I and said
496496 Barnes tract, the following four (4) courses and distances:
497497 I) South 86°39'47" West, 660.00 feet, to a 5/8 inch iron rod found
498498 at a I 1/2 inch iron pipe for comer, from which a 5/8 inch iron rod
499499 found in the northeasterly margin of said Crockett Martin Road for
500500 the common westerly comer of said Parcel 2, Tract 1 and said 13.98
501501 acre tract bears South 71°56'17" West, 2655.96 feet;
502502 North 03°24'08" West, 330.04 feet. to a 5/8 inch iron rod found at a
503503 I 1/2 inch iron pipe for comer;
504504 North 86°40'24" East, 659.95 feet, to a 5/8 inch iron rod with
505505 aluminum cap found at a I 1/2 inch iron pipe for comer;
506506 South 03°24'41" East, 329.92 feet, to the POINT OF BEGINNING.
507507 CONTAINING a computed area of 4.999 acres of land within this Field
508508 Note Description
509509 LEAVING a computed NET area of309.335 acres of land within this
510510 Field Note Description.
511511 This Field Note Description was prepared from a survey performed on
512512 the ground on April 1, 2021 by Texas Professional Surveying, LLC.,
513513 Registered Professional Land Surveyors and is referenced to Survey
514514 Drawing Project Number S458-103-SW S HALF.
515515 Bearings recited hereon are based on GPS observations and are
516516 referenced to the North American Datum (NAO) 1983, Texas State
517517 Plane Coordinate System, Central Zone (4203).
518518 SECTION 3. (a) The legal notice of the intention to
519519 introduce this Act, setting forth the general substance of this
520520 Act, has been published as provided by law, and the notice and a
521521 copy of this Act have been furnished to all persons, agencies,
522522 officials, or entities to which they are required to be furnished
523523 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
524524 Government Code.
525525 (b) The governor, one of the required recipients, has
526526 submitted the notice and Act to the Texas Commission on
527527 Environmental Quality.
528528 (c) The Texas Commission on Environmental Quality has filed
529529 its recommendations relating to this Act with the governor, the
530530 lieutenant governor, and the speaker of the house of
531531 representatives within the required time.
532532 (d) All requirements of the constitution and laws of this
533533 state and the rules and procedures of the legislature with respect
534534 to the notice, introduction, and passage of this Act are fulfilled
535535 and accomplished.
536536 SECTION 4. (a) If this Act does not receive a two-thirds
537537 vote of all the members elected to each house, Subchapter C, Chapter
538538 7969A, Special District Local Laws Code, as added by Section 1 of
539539 this Act, is amended by adding Section 7969A.0307 to read as
540540 follows:
541541 Sec. 7969A.0307. NO EMINENT DOMAIN POWER. The district may
542542 not exercise the power of eminent domain.
543543 (b) This section is not intended to be an expression of a
544544 legislative interpretation of the requirements of Section 17(c),
545545 Article I, Texas Constitution.
546546 SECTION 5. This Act takes effect September 1, 2023.