By: Zaffirini S.B. No. 2608
(In the Senate - Filed April 17, 2023; April 18, 2023, read
first time and referred to Committee on Local Government;
April 24, 2023, reported favorably by the following vote: Yeas 8,
Nays 0; April 24, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Martindale Municipal Utility
District No. 1 of Caldwell County, Texas; granting a limited power
of eminent domain; providing authority to issue bonds; providing
authority to impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7989A to read as follows:
CHAPTER 7989A. MARTINDALE MUNICIPAL UTILITY DISTRICT NO. 1 OF
CALDWELL COUNTY, TEXAS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7989A.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 Martindale Municipal Utility
District No. 1 of Caldwell County, Texas.
Sec. 7989A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7989A.0103. CONFIRMATION AND DIRECTOR 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. 7989A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7989A.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 as required by
applicable law.
Sec. 7989A.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. 7989A.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. 7989A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7989A.0202, directors
serve staggered four-year terms.
Sec. 7989A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Carson Vaughn;
(2) Jarrod Tyler Karonika;
(3) Randall Lavender;
(4) Jeffrey Grier; and
(5) Josue Limon.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7989A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7989A.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 7989A.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. 7989A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7989A.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. 7989A.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. 7989A.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. 7989A.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. 7989A.0306. DIVISION OF DISTRICT. (a) 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.
(b) An order dividing a district may create one or more new
districts and may provide for the continuation of the district.
(c) An order dividing the district shall:
(1) name any new district;
(2) include the metes and bounds description of the
territory of each of the districts;
(3) appoint temporary directors for any new district;
and
(4) provide for the division of assets and liabilities
between the districts.
(d) The board may adopt an order dividing the district
before or after the date the board holds an election to confirm the
district's creation.
(e) The district may be divided only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(f) A 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.
(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) 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.
(i) A new district created by the division of the district
shall hold a confirmation and directors' election.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(k) A 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) The district may continue to rely on confirmation,
directors', bond, or tax elections held prior to the division.
(m) Municipal consent to the creation of the district and to
the inclusion of land in the district 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.
Sec. 7989A.0307. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership agreement under Section 43.0751, Local Government
Code, with a municipality in whose extraterritorial jurisdiction
the district is located.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7989A.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
7989A.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. 7989A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7989A.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. 7989A.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. 7989A.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. 7989A.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. 7989A.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 Martindale Municipal Utility District No. 1
of Caldwell County, Texas, initially includes all the territory
contained in the following area:
Being a 297.008 acre tract of land lying in the Stephen B.
Morrison Survey No. 2, Abstract No. 19, Caldwell County, Texas,
said 297.008 acre tract being a portion of a 441 acre tract of land
described in a Deed of Distribution to Herbert Richard Conrads,
dated May 10, 1993, and recorded in Volume 90, Page 891, Official
Public Records of Caldwell County, Texas; said 297.008 acre tract
being more particularly described as follows:
BEGINNING: at a point at the intersection of the northeast
right-of-way line of San Marcos Highway - Highway 80 (varying width
right-of-way) and a southeast line of the aforementioned 441 acre
tract, for the most easterly east corner of a 6.702 acre tract of
land, same being the San Marcos Highway right-of-way, to the State
of Texas as described and recorded in Volume 144, Page 518, Deed
Records of Caldwell County, Texas, the west corner of a 168.42 acre
tract of land as described and recorded in Volume 500, Page 70,
Official Public Records of Caldwell County, Texas, and a south
corner of the herein described 297.008 acre tract, from which a 1/2"
iron rod with plastic cap stamped "CHAPARREL BOUNDARY" found bears
N48°29'05"E, a distance of 0.73 feet;
THENCE: leaving a southeast line of the aforementioned 441
acre tract, along the northeast right-of-way line of the
aforementioned San Marcos Highway and the northeast line of the
aforementioned 6.702 acre tract, the following nine (9) courses and
distances,
N59°29'04"W, a distance of 145.81 feet (Record -
N59°06"W) to a TxDOT Type I concrete monument found for an interior
corner of the herein described 297.008 acre tract,
S29°59'59"W, a distance of 40.00 feet (Record - S30°54"W
~ 40.00') to a 1/2" iron rod with yellow plastic cap stamped
"CHAPARRAL" found for a south corner of the herein described
297.008 acre tract,
N59°48'32"W, a distance of 499.87 feet (Record - N59°06"W
~ 500.00) to a 1/2" iron rod with yellow plastic cap stamped
"CHAPARRAL" found for a west corner of the herein described 297.008
acre tract,
N29°56'29"E, a distance of 25.00 feet (Record - N30°54"E
~ 25.00') to a broken TxDOT Type I concrete monument found for an
interior corner of the herein described 297.008 acre tract,
N59°48'38"W, a distance of 800.15 feet (Record - N59°06"W
~ 800.00) to a point for an interior corner of the herein described
297.008 acre tract, from which a TxDOT Type I concrete monument
found bears S07°44'41"W, a distance of 0.62 feet,
S30°10'51"W, a distance of 35.00 feet (Record - S30°54"W
~ 35.00') to a point for a south corner of the herein described
297.008 acre tract, from which a broken TxDOT Type I concrete
monument found bears S51°34'34"W, a distance of 1.31 feet,
N59°49'09"W, a distance of 245.20 feet (Record - N59°06"W
~ 245.20) to a point for a point of curvature of a curve to the left,
from which a broken TxDOT Type I concrete monument found, bears
S25°54'37"W, a distance of 1.33 feet,
an arc length of 514.45 (Record - 510.00') with said
curve to the left having a radius of 5,779.58 feet, a delta of
5°06'00" (Record - 5°06'), and a chord which bears N62°22'09"W, a
distance of 514.28 to a TxDOT Type I concrete monument found for a
point of tangency, and
N64°55'09"W, a distance of 45.76 feet (Record - N64°12"W)
to a 1/2" iron rod found in a northwest line of said 441 acre tract
for the most northerly north corner of said 6.702 acre tract, the
south corner of an 86.44 acre tract of land described as "Tract 3"
and recorded in Volume 523, Page 710, Official Public Records of
Caldwell County, Texas, and the west corner of the herein described
297.008 acre tract;
THENCE: leaving the northeast right-of-way line of the
aforementioned San Marcos Highway, along a northwest line of the
aforementioned 411 acre tract and the southeast line of the
aforementioned 86.44 acre tract, N48°33'10"E, a distance of 695.34
feet (Record - N48°19'39"E ~ 693.02') to a 1" iron pipe found for the
northeast corner of said 86.44 acre tract, the south corner of a
24.34 acre tract of land as described and recorded in Volume 399,
Page 459, Deed Records of Caldwell County, Texas, and an angle point
of the herein described 297.008 acre tract;
THENCE: continuing along a northwest line of the
aforementioned 441 acre tract, the southeast line of the
aforementioned 24.34 acre tract, and the southeast line of an
18.7578 acre tract of land as described and recorded in Volume 458,
Page 376, Official Public Records of Real Property of Caldwell
County, Texas, N48°40'45"E, a distance of 1,974.74 feet (Record -
N50°E) to a 1/2" iron rod found for the northeast corner of said
18.7578 acre tract, the south corner of a 126.322 acre tract of land
described as "Tract 2" and recorded in Document Number 2017001147,
Official Public Records of Caldwell County, Texas, and an angle
point of the herein described 297.008 acre tract;
THENCE: continuing along a northwest line of the
aforementioned 441 acre tract and the southeast line of the
aforementioned 126.322 acre tract, N48°36'18"E, a distance of
1,784.11 feet (Record - N48°36'18"E ~ 1,784.10') to a 1/2" iron rod
found for the northeast corner of said 126.322 acre tract, the south
corner of a 126.932 acre tract of land described as "Tract 1" and
recorded in Document Number 2017001147, Official Public Records of
Caldwell County, Texas, and an angle point of the herein described
297.008 acre tract;
THENCE: continuing along a northwest line of the
aforementioned 441 acre tract and the southeast line of the
aforementioned 126.932 acre tract, N48°36'06"E, a distance of
1,781.08 feet (Record - N50°00'00"E ~ 1,781.08') to a 1/2" iron rod
with yellow plastic cap stamped "CHAPARRAL" found for the northeast
corner of said 126.932 acre tract, a south corner of a 2,717.59 acre
tract of land as described and recorded in Document Number
2020003860, Official Public Records of Caldwell County, Texas, and
an angle point of the herein described 297.008 acre tract;
THENCE: continuing along a northwest line of the
aforementioned 441 acre tract and a southeast line of the
aforementioned 2,717.59 acre tract, N48°27'27"E, a distance of
311.34 feet (Record - N48°38'22"E ~ 311.05') to a rock found for the
north corner of said 411 acre tract, an interior corner of said
2,717.59 acre tract, and the north corner of the herein described
297.008 acre tract;
THENCE: along the northeast line of the aforementioned 441
acre tract and a southwest line of the aforementioned 2,717.59 acre
tract, S41°23'14"E, a distance of 2,097.22 feet (Record -
S41°23'14"E ~ 755 varas (2,097.22')) to a 1/2" iron rod with plastic
cap stamped "MMES RPLS 6490" found for the most northerly east
corner of said 411 acre tract, the most westerly north corner of the
aforementioned 168.42 acre tract, and the east corner of the herein
described 297.008 acre tract;
THENCE: along a southeast line of the aforementioned 411 acre
tract and the northwest line of the aforementioned 168.42 acre
tract, S48°28'40"W, a distance of 5,763.12 feet (Record - S50°W) to
the PLACE OF BEGINNING and containing 297.008 acres of land.
Being an 168.524 acre tract of land lying in the S. B.
Morrison League, Abstract No. 19, Caldwell County, Texas, said
168.524 acre tract being the same 168.42 acre tract of land as
described in a Warranty Deed to Lawson Colwell and Gretchen Ann
Schmid, as Trustees of the Lawson Colwell Living Trust, dated June
18, 2007, and recorded in Volume 500, Page 70, Official Public
Records of Caldwell County, Texas; said 168.524 acre tract being
more particularly described as follows:
BEGINNING: at a point found at the intersection of the
existing northeast right-of-way line of San Marcos Highway -
Highway 80 (varying width right-of-way) and a southeast line of a
remaining portion of 441 acre tract of land as described and
recorded in Volume 90, Page 891, Official Public Records of Real
Property of Caldwell County, Texas, for a west corner of the herein
described 168.524 acre tract, from which a 1/2" iron rod with
plastic cap found bears N48°29'05"E, a distance of 0.73 feet;
THENCE: leaving the existing northeast right-of-way line of
the aforementioned San Marcos Highway, along the a southeast line
of the aforementioned 441 acre tract, N48°28'40"E, a distance of
5,763.12 feet (Record - N49°32'30"E ~ 1,958.09') feet (Record -
N49°50'04"E ~ 1,412.78') (Record - N49°42'26"E ~ 2,388.57') to a 1/2"
iron rod with plastic cap stamped "MMES RPLS 6490" set in a south
line of a 2,717.59 acre tract of land as described and recorded in
Document #2020003860, Official Public Records of Caldwell County,
Texas, for the most westerly north corner of the aforementioned
168.42 acre tract, the east corner of said 441 acre tract, and the
most westerly north corner of the herein described 168.524 acre
tract, from which a rock found for an interior corner of said
2,717.59 acre tract and the north corner of said 441 acre tract
bears N41°23'14"W, 2,097.22 feet (Record - N40°W~755 varas
(2,097.22'));
THENCE: along a northeast line of the aforementioned 168.42
acre tract and a southwest line of the aforementioned 2,717.59 acre
tract, S42°36'01"E, a distance of 55.19 feet (Record - S41°48'14"E ~
56.85') to a fence corner post found with washer stamped "PROTECH"
for an interior corner of said 168.42 acre tract, a south corner of
said 2,717.59 acre tract, and an interior corner of the herein
described 168.524 acre tract;
THENCE: along a northwest line of the aforementioned 168.42
acre, N64°34'26"E, a distance of 13.67 feet (Record - N60°35'24"E ~
13.82') to a fence corner post found with washer stamped "PROTECH"
for a north corner of said 168.42 acre tract, the west corner of an
abandoned roadway, and a north corner of the herein described
168.524 acre tract;
THENCE: along a northeast line of the aforementioned 168.42
acre tract and the southwest line of the aforementioned abandoned
roadway, S41°38'26"E, a distance of 1,268.41 feet (Record -
S40°06'26"E ~ 1.265.75') to a 3-inch diameter metal fence corner
post found, for the northeast corner of said 168.42 acre tract and
the north corner of 55.29 acre tract of land as described and
recorded in Volume 415, Page 667, Official Public Records of Real
Property of Caldwell County, Texas, and the east corner of the
herein described 168.524 acre tract;
THENCE: along the southeast line of the aforementioned 168.42
acre tract, the northwest line of the aforementioned 55.29 acre
tract, the northwest line of a 18.76 acre "Tract 1" tract of land
and the northwest line of a 21.44 acre "Tract 2" tract of land as
described and recorded in Document #2015006288, Official Public
Records of Caldwell County Texas, the northwest line of a 42.464
acre tract of land as described and recorded in Volume 3, Page 113,
Deed Records of Caldwell County, Texas, and the northwest line of a
16.602 acre tract of land as described and recorded in Document
#2015002213, Official Public Records of Real Property of Caldwell
County, Texas the following six (6) courses and distances:
S48°39'40"W, a distance of 391.45 feet (Record - S49°50'21"W ~
391.38') to a 2-inch diameter metal fence corner post found for an
angle point of the herein described 168.524 acre tract,
S48°24'28"W, a distance of 423.75 feet (Record - S49°45'57"W
~423.51') to a 2-inch diameter metal fence corner post found for an
angle point of the herein described 168.524 acre tract,
S48°23'57"W, a distance of 497.23 feet (Record - S49°49'38"W ~
497.45') to a 3-inch diameter metal fence corner post found for an
angle point of the herein described 168.524 acre tract,
S49°06'01"W, a distance of 632.02 feet (Record - S50°16'45"W ~
632.36') to a 2-inch diameter metal fence corner post found for an
angle point of the herein described 168.524 acre tract,
S49°04'22"W, a distance of 1,071.61 feet (Record - S50°17'34W
~ 683.86' and S50°31'44"W ~ 401.67') to a point in fence for an angle
point of the herein described 168.524 acre tract, and
S48°33'16"W. a distance of 2,363.51 feet (Record - S49°50'56"W
~ 2,347.82') to a point, lying in the existing northeast
right-of-way line of the aforementioned San Marcos Highway, for a
point of curvature of a curve to the left, the south corner of said
168.42 acre tract, and the south corner of the herein described
168.524 acre tract, from which a 3/8" iron rod found bears
N48°33'16"E, 1.63 feet;
Being an 133.368 acre tract of land lying in the Stephen B.
Morrison Survey No. 2, Abstract No. 19, Caldwell County, Texas,
said 133.368 acre tract being a portion of a 441 acre tract of land
as described in a Deed of Distribution to Herbert Richard Conrads,
dated May 10, 1993, and recorded in Volume 90, Page 891, Official
Public Records of Real Property of Caldwell County, Texas; said
133.368 acre tract being more particularly described as follows:
BEGINNING: at a 1/2" iron rod with yellow plastic cap stamped
"FENSTERMAKER 10028501" found at the intersection of the southwest
right-of-way line of San Marcos Highway - Highway 80 (varying width
right-of-way) and a southeast line of the aforementioned 441 acre
tract, for the most easterly south corner of a 6.702 acre tract of
land, same being the San Marcos Highway right-of-way, to the State
of Texas, recorded in Volume 144, Page 518, Deed Records of Caldwell
County, Texas, and the most northerly east corner of the herein
described 133.368 acre tract;
THENCE: along a southeast line of the aforementioned 441 acre
tract, S48°31'55"W (Record - S50°W), passing a point for the north
corner of a 54.52 acre tract of land as described and recorded in
Document Number 135033, Official Public Records of Caldwell County,
Texas, at a distance of 42.06 feet, also passing a 5/8" iron rod
with aluminum cap (not legible) found for the most northerly west
corner of said 54.52 acre tract and the north corner of a 40 acre
tract of land as described and recorded in Volume 275, Page 888,
Official Public Records of Caldwell County, Texas, at a distance of
207.11, also passing 1/2" iron rod with yellow cap stamped
"FENSTERMAKER 10028501" found for reference to the centerline of
Morrison Creek at a distance of 1,792.94 feet, a total distance of
1,905.02 feet to a point in the centerline of said Morrison Creek
and an interior corner of the herein described 133.368 acre tract;
THENCE: along the centerline of the aforementioned Morrison
Creek, a northeast line of the aforementioned 441 acre tract, and
the southwest line of the aforementioned 40 acre tract, the
following twenty-two (22) courses and distances,
S00°53'25"W a distance of 21.26 feet to a point for an angle
point of the herein described 133.368 acre tract,
S21°04'32"E, a distance of 36.87 feet to a point for an angle
point of the herein described 133.368 acre tract,
S17°15'03"E, a distance of 96.31 feet to a point for an angle
pointr of the herein described 133.368 acre tract,
S07°41'41"E, a distance of 48.19 feet to a point for an angle
point of the herein described 133.368 acre tract,
S04°52'24"W, a distance of 44.12 feet to a point for an angle
point of the herein described 133.368 acre tract,
S24°28'00"W, a distance of 50.20 feet to a point for an angle
point of the herein described 133.368 acre tract,
S53°10'53"W, a distance of 33.12 feet to a point for an angle
point of the herein described 133.368 acre tract,
S64°41'55"W, a distance of 39.10 feet to a point for an angle
point of the herein described 133.368 acre tract,
S81°19'50"W, a distance of 30.45 feet to a point for an angle
point of the herein described 133.368 acre tract,
S50°22'34"W, a distance of 48.44 feet to a point for an angle
point of the herein described 133.368 acre tract,
S64°10'49"W, a distance of 51.50 feet to a point for an angle
point of the herein described 133.368 acre tract,
S80°30'20"W, a distance of 83.42 feet to a point for an angle
point of the herein described 133.368 acre tract,
S60°40'09"W, a distance of 21.15 feet to a point for an angle
point of the herein described 133.368 acre tract,
S03°58'32"E, a distance of 38.09 feet to a point for an angle
point of the herein described 133.368 acre tract,
S14°39'02"W, a distance of 41.21 feet to a point for an angle
point of the herein described 133.368 acre tract,
S09°39'06"E, a distance of 23.28 feet to a point for an angle
point of the herein described 133.368 acre tract,
S26°38'10"E, a distance of 51.18 feet to a point for an angle
point of the herein described 133.368 acre tract,
S13°00'17"E, a distance of 83.32 feet to a point for an angle
point of the herein described 133.368 acre tract,
S25°51'11"E, a distance of 100.46 feet to a point for an angle
point of the herein described 133.368 acre tract,
S36°01'22"E, a distance of 91.17 feet to a point for an angle
point of the herein described 133.368 acre tract,
S40°12'01"E, a distance of 113.87 feet to a point for an angle
point of the herein described 133.368 acre tract, and
S43°59'42"E, a distance of 196.24 feet to a point for most
southerly east corner of said 441 acre tract, the south corner of
said 40 acre tract, the most southerly west corner of the
aforementioned 54.52 acre tract, the north corner of 2.0 acre tract
of land as described and recorded in Document Number 2016-003354,
Official Public Records of Caldwell County, Texas, and the most
southerly east corner of the herein described 133.368 acre tract;
THENCE: leaving the centerline of the aforementioned
Morrison Creek, along a southeast line of the aforementioned 441
acre tract and the northwest line of the aforementioned 2.0 acre
tract, S47°51'47"W, passing a 1/2" iron rod with plastic cap stamped
"MMES RPLS 6490" set for a point of reference of the centerline of
Morrison Creek at a distance of 20.00 feet, a total distance of
191.94 feet (Record - S50°W ~ 194.44') to a 3/4" iron rod found in
the limits of S.E. River Road (variable width right-of-way) for the
south corner of said 441 acre tract and the south corner of the
herein described 133.368 acre tract;
THENCE: along the southwest lines of the aforementioned 441
acre tract, and within the limits of the aforementioned S.E. River
Road, the following five (5) courses and distances,
N69°38'13"W, a distance of 139.15 feet (Record - N67°30"W ~ 60
varas (166.67')) to a 3/4" iron rod leaning found for an angle point
of the herein described 133.368 acre tract,
N85°43'19"W, a distance of 376.67 feet (Record - N84°W ~ 136.5
varas (379.17')) to a MAG nail with washer stamped "MMES RPLS 6490"
set for an angle point of the herein described 133.368 acre tract,
N76°13'19"W, a distance of 1,294.19 feet (Record - N74°30'W ~
469 varas (1,302.78')) to a 60D nail found for an angle point of the
herein described 133.368 acre tract,
N70°01'56"W, a distance of 572.17 feet (Record - N68°30'W ~ 208
varas (577.16')) to a MAG nail with washer stamped "MMES RPLS 6490"
set for an angle point of the herein described 133.368 acre tract,
and
N41°01'56"W, a distance of 151.30 feet (Record - N39°30'W ~ 55
varas (152.78')) to a 1/2" iron rod found for the most southerly
west corner of said 441 acre tract, the south corner of a 1.0466
acre tract of land described and recorded in Volume 335, Page 922,
Official Public Records of Caldwell County, Texas, and the most
southerly west corner of the herein described 133.368 acre tract;
THENCE: leaving the aforementioned S.E. River Road, along a
northwest line of the aforementioned 441 acre tract and the
southwest line of the aforementioned 1.0466 acre tract,
N49°29'46"E, a distance of 400.02 feet (Record - N50°E) to a 60D nail
found for the northeast corner of said 1.0466 acre tract and an
angle point of the herein described 133.368 acre tract;
THENCE: continuing along a northwest line of the
aforementioned 441 acre tract, the southeast line of a 0.7904 of an
acre tract of land described and recorded in Volume 561, Page 583,
Official Public Records of Caldwell County, Texas, the southeast
line of a 40 acre tract of land described as "Tract 1 - Tract 5" and
recorded in Volume 101, Page 433, Official Public Records of
Caldwell County, Texas, the southeast line of a 1/3 of an acre tract
of land described and recorded in Volume 277, Page 548, Deed Records
of Caldwell County, Texas, the southeast line of a 1/3 acre tract of
land as described and recorded in Volume 277, Page 548, Deed Records
of Caldwell County, Texas, and the southeast line of a 2.0 acre
tract of land described and recorded in Volume 92, Page 634, Deed
Records of Caldwell County, Texas, N49°12'28"E (Record - N50°E),
passing a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490"
set for a point of reference of the centerline of Hemphill Creek at
a distance of 1,786.98 feet, a total distance of 1,813.63 feet to a
point in the centerline of said Hemphill Creek, for an interior
corner of said 441 acre tract, the east corner of said 2.0 acre
tract, and an interior corner of the herein described 133.368 acre
tract;
THENCE: along the southwest lines of the aforementioned 441
acre tract, the northeast line of the aforementioned 2.0 acre
tract, the northeast lines of the aforementioned 40 acre tract, and
the centerline of aforementioned Hemphill Creek the following
fifteen (15) courses and distances,
N76°05'27"W, a distance of 19.82 feet to a point for an angle
point of the herein described 133.368 acre tract,
N85°59'21"W, a distance of 35.03 feet to a point for an angle
point of the herein described 133.368 acre tract,
N73°49'55"W, a distance of 27.15 feet to a point for an angle
point of the herein described 133.368 acre tract,
N61°01'47"W, a distance of 44.86 feet to a point for an angle
point of the herein described 133.368 acre tract,
N44°28'47"W, a distance of 98.19 feet to a point for an angle
point of the herein described 133.368 acre tract,
N33°28'48"W, a distance of 42.01 feet to a point for an angle
point of the herein described 133.368 acre tract,
N17°36'42"W, a distance of 70.02 feet to a point for an angle
point of the herein described 133.368 acre tract,
N00°24'46"E, a distance of 41.36 feet to a point for an angle
point of the herein described 133.368 acre tract,
N11°57'46"W, a distance of 70.04 feet to a point for an angle
point of the herein described 133.368 acre tract,
N43°00'52"W, a distance of 29.10 feet to a point for an angle
point of the herein described 133.368 acre tract,
N87°46'17"W, a distance of 29.31 feet to a point for an angle
point of the herein described 133.368 acre tract,
S82°58'32"W, a distance of 34.18 feet to a point for an angle
point of the herein described 133.368 acre tract,
S72°52'38"W, a distance of 70.24 feet to a point for an angle
point of the herein described 133.368 acre tract,
S80°59'30"W, a distance of 113.36 feet to a point for an angle
point of the herein described 133.368 acre tract, and
S89°34'24"W, a distance of 58.00 feet to a point for the south
corner of a 8.05 acre tract of land as described and recorded in
Volume 582, Page 205, Official Public Records of Caldwell County,
Texas, and the most northerly west corner of the herein described
133.368 acre tract;
THENCE: leaving the centerline of the aforementioned
Hemphill Creek, along the southeast line of the aforementioned 8.05
acre tract, N48°31'37"E (Record - N50°E), passing a 1/2" iron found
for a reference point to the centerline of said Hemphill Creek at a
distance of 57.28 feet, a total distance of 1,447.28 feet to a point
in the south right-of-way line of the aforementioned San Marcos
Highway for a point of curvature of a curve to the right, the east
corner of said 8.05 acre tract, and the most northerly north corner
of the herein described 133.368 acre tract, from which a 1/2" iron
rod found bears N48°31'37"E, a distance of 0.53 feet;
THENCE: along the southwest right-of-way line of the
aforementioned San Marcos Highway, an arc length of 312.50 feet
with said curve to the right, having a radius of 5,679.58 feet
(Record - 5,679.58'), a delta angle of 03°09'09", and a chord which
bears S61°23'44"E, a distance of 312.46 feet to a point for a point
of tangency of the herein described 133.368 acre tract, from which a
broken TxDOT Type I concrete monument found, bears N26°54'38"E, a
distance of 1.34 feet;
THENCE: continuing along the southwest right-of-way line of
the aforementioned San Marcos Highway the following six (6) courses
and distances,
S59°49'09"E, a distance of 245.09 feet (Record - S59°06'E ~
245.20') to a point for an east corner of the herein described
133.368 acre tract, from which a bent 1" iron bar found, bears
N59°31'55"E, a distance of 1.01 feet,
S30°13'40"W, a distance of 10.00 feet (Record - S30°54'W ~
10.00') to a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490"
set for an interior corner of the herein described 133.368 acre
tract,
S59°49'09"E, a distance of 200.12 feet (Record - S59°06'E ~
200.00') to a point for an east corner of the herein described
133.368 acre tract, from which a leaning TxDOT Type I concrete
monument found, bears N45°05'43"E, a distance of 0.86 feet,
S30°10'51"W, a distance of 30.00 feet (Record - S30°54'W ~
30.00') to a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490"
set for an interior corner of the herein described 133.368 acre
tract,
S59°48'27"E, a distance of 599.98 feet (Record - S59°06'E ~
600.00') to a TxDOT Type I concrete monument found for an interior
corner of the herein described 133.368 acre tract, and
N30°14'05"E, a distance of 30.00 feet (Record - N30°54'E ~
30.00') to a point for a north corner of the herein described
133.368 acre tract, from which a broken TxDOT Type I concrete
monument found, bears N79°45'24"W, a distance of 1.19 feet;
THENCE: continuing along the southwest right-of-way line of
the aforementioned San Marcos Highway, S59°42'51"E, a distance of
591.16 feet (Record - S59°06'E) to the PLACE OF BEGINNING and
containing 133.368 acres of land.
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
7989A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7989A.0308 to read as
follows:
Sec. 7989A.0308. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
* * * * *