89R15710 JTZ-F
By: Metcalf H.B. No. 5686
A BILL TO BE ENTITLED
relating to the creation of the Montgomery County Management
District No. 3; 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 C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 4017 to read as follows:
CHAPTER 4017. MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4017.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "County" means Montgomery County.
(4) "Director" means a board member.
(5) "District" means the Montgomery County Management
District No. 3.
Sec. 4017.0102. NATURE OF DISTRICT. The Montgomery County
Management District No. 3 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 4017.0103. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) By creating the district and in authorizing the county,
the City of Conroe, the City of Willis, and other political
subdivisions to contract with the district, the legislature has
established a program to accomplish the public purposes set out in
Section 52-a, Article III, Texas Constitution.
(c) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(d) This chapter and the creation of the district may not be
interpreted to relieve the county, the City of Conroe, or the City
of Willis from providing the level of services provided as of the
effective date of the Act enacting this chapter to the area in the
district. The district is created to supplement and not to supplant
county or city services provided in the district.
Sec. 4017.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the improvements and services to be provided by the
district under powers conferred by Sections 52 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this chapter.
(b) The district is created to serve a public use and
benefit.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 4017.0105. 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 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 4017.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 4017.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4017.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 4017.0201. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years, with two or three directors' terms expiring June 1 of
each odd-numbered year.
Sec. 4017.0202. APPOINTMENT OF DIRECTORS. The commission
shall appoint directors from persons recommended by the board.
Sec. 4017.0203. INITIAL DIRECTORS. (a) The initial board
consists of the following directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Michele Burke 1 Michele Burke
1 Michele Burke
2 Andrew Williams 2 Andrew Williams
2 Andrew Williams
3 Benjamin Mellado 3 Benjamin Mellado
3 Benjamin Mellado
4 Mehmet Okumus 4 Mehmet Okumus
4 Mehmet Okumus
5 Joey Sergio Soto 5 Joey Sergio Soto
5 Joey Sergio Soto
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2027, and
the terms of directors appointed for positions four and five expire
June 1, 2029.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 4017.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 4017.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
district, using any money available to the district for the
purpose, may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service authorized under this chapter or Chapter 375, Local
Government Code.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 4017.0303. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 4017.0304. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, the City of Conroe, or the City of Willis, to
provide law enforcement services in the district for a fee.
Sec. 4017.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 4017.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 4017.0307. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 4017.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 4017.0309. ADDING OR EXCLUDING LAND. The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 4017.0310. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 4017.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 4017.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 4017.0501. TAX ELECTION REQUIRED. (a) The district
must hold an election in the manner provided by Chapter 49, Water
Code, or, if applicable, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax.
(b) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 4017.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4017.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 4017.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, or other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 4017.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 4017.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4017.0501, the district may issue bonds payable from ad valorem
taxes.
(b) 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 annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(c) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 4017.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
board may not issue bonds 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.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER F. SALES AND USE TAX
Sec. 4017.0601. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
computation, administration, enforcement, and collection of the
sales and use tax authorized by this subchapter except to the extent
Chapter 321, Tax Code, is inconsistent with this chapter.
(b) For the purposes of this subchapter, a reference in
Chapter 321, Tax Code, to a municipality or the governing body of a
municipality is a reference to the district or the board,
respectively.
Sec. 4017.0602. ELECTION; ADOPTION OF TAX. (a) The
district may adopt a sales and use tax if authorized by a majority
of the voters of the district voting at an election held for that
purpose.
(b) The board by order may call an election to authorize the
adoption of the sales and use tax. The election may be held on any
uniform election date and in conjunction with any other district
election.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Section
4017.0501.
(d) The ballot shall be printed to provide for voting for or
against the proposition: "Authorization of a sales and use tax in
the Montgomery County Management District No. 3 at a rate not to
exceed ____ percent" (insert rate of one or more increments of
one-eighth of one percent).
Sec. 4017.0603. SALES AND USE TAX RATE. (a) After the date
the results are declared of an election held under Section
4017.0602 at which the voters authorized imposition of a tax, the
board shall provide by resolution or order the initial rate of the
tax, which must be in one or more increments of one-eighth of one
percent.
(b) After the authorization of a tax under Section
4017.0602, the board may increase or decrease the rate of the tax by
one or more increments of one-eighth of one percent.
(c) The board may not decrease the rate of the tax if the
decrease would impair the repayment of any outstanding debt or
obligation payable from the tax.
(d) The initial rate of the tax or any rate resulting from
subsequent increases or decreases may not exceed the lesser of:
(1) the maximum rate authorized at the election held
under Section 4017.0602; or
(2) a rate that, when added to the rates of all sales
and use taxes imposed by other political subdivisions with
territory in the district, would result in the maximum combined
rate prescribed by Section 321.101(f), Tax Code, at any location in
the district.
(e) In determining whether the combined sales and use tax
rate under Subsection (d)(2) would exceed the maximum combined rate
prescribed by Section 321.101(f), Tax Code, at any location in the
district, the board shall include:
(1) any sales and use tax imposed by a political
subdivision whose territory overlaps all or part of the district;
(2) any sales and use tax to be imposed by the city or
the county as a result of an election held on the same date as the
election held under Section 4017.0602; and
(3) any increase to an existing sales and use tax
imposed by the city or the county as a result of an election held on
the same date as the election held under Section 4017.0602.
(f) If the district adopts a sales and use tax authorized at
an election held under Section 4017.0602 and subsequently includes
new territory in the district, the district:
(1) is not required to hold another election to
approve the imposition of the sales and use tax in the included
territory; and
(2) shall impose the sales and use tax in the included
territory as provided by Chapter 321, Tax Code.
(g) If the district adopts a sales and use tax authorized at
an election held under Section 4017.0602 and subsequently excludes
territory from the district, the sales and use tax is inapplicable
to the excluded territory, as provided by Chapter 321, Tax Code, but
is applicable to the territory remaining in the district.
Sec. 4017.0604. NOTIFICATION OF RATE CHANGE. The board
shall notify the comptroller of any changes made to the tax rate
under this subchapter in the same manner the municipal secretary
provides notice to the comptroller under Section 321.405(b), Tax
Code.
Sec. 4017.0605. USE OF REVENUE. Revenue from the sales and
use tax imposed under this subchapter is for the use and benefit of
the district and may be used for any district purpose. The district
may pledge all or part of the revenue to the payment of bonds,
notes, or other obligations, and that pledge of revenue may be in
combination with other revenue, including tax revenue, available to
the district.
Sec. 4017.0606. ABOLITION OF TAX. (a) Except as provided
by Subsection (b), the board may abolish the tax imposed under this
subchapter without an election.
(b) The board may not abolish the tax imposed under this
subchapter if the district has any outstanding debt or obligation
secured by the tax, and repayment of the debt or obligation would be
impaired by the abolition of the tax.
(c) If the board abolishes the tax, the board shall notify
the comptroller of that action in the same manner the municipal
secretary provides notice to the comptroller under Section
321.405(b), Tax Code.
(d) If the board abolishes the tax or decreases the tax rate
to zero, a new election to authorize a sales and use tax must be held
under Section 4017.0602 before the district may subsequently impose
the tax.
SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 4017.0701. DIVISION OF DISTRICT; PREREQUISITES. (a)
The district may be divided into two or more new districts only if
the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(b) The board may adopt an order dividing the district under
Section 4017.0704(a) before or after the date of an election held
under Section 4017.0705 to confirm the creation of the district.
Sec. 4017.0702. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 4017.0703. LIMITATION ON AREA OF NEW DISTRICT. 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.
Sec. 4017.0704. DIVISION PROCEDURES. (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 the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(c) 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.
(d) Municipal consent issued under Section 4017.0506 acts
as municipal consent to the creation of any new district created by
division of the district and to the inclusion of land in the new
district.
Sec. 4017.0705. CONFIRMATION ELECTION FOR NEW DISTRICT.
(a) A new district created by the division of the district shall
hold a confirmation election in the manner provided by Section
49.102, Water Code.
(b) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
Sec. 4017.0706. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a tax for which
an election is required under this chapter for the original
district or issue bonds payable wholly or partly from ad valorem
taxes, the new district must hold an election as required by this
chapter to obtain voter approval.
SUBCHAPTER H. DEFINED AREAS
Sec. 4017.0801. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 4017.0802. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax applicable only to the defined
area or designated property or issue bonds payable from ad valorem
taxes of the defined area or designated property, the board shall
hold an election in the defined area or designated property only.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 4017.0803. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at an election held under Section
4017.0802 approve the proposition or propositions, the board shall
declare the results and, by order, shall establish the defined area
or designated property and describe it by metes and bounds or
designate the specific area or property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 4017.0804. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of an order described by Section 4017.0803,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 4017.0805. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After an order under Section 4017.0803 is
adopted, the district may issue bonds to provide for any land,
improvements, facilities, plants, equipment, and appliances for
the defined area or designated property.
SUBCHAPTER I. DISSOLUTION
Sec. 4017.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of:
(1) at least two-thirds of the assessed value of the
property subject to assessment by the district based on the most
recent certified county property tax rolls; or
(2) at least two-thirds of the surface area of the
district, excluding roads, streets, highways, utility
rights-of-way, other public areas, and other property exempt from
assessment by the district according to the most recent certified
county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Montgomery County Management District No. 3
initially includes all territory contained in the following area:
BEING a 144.058 acre tract of land situated in the Calvin
Lynch Survey, Abstract Number 314, Montgomery County, Texas, being
the northerly remainder of that certain called 478.483 acre tract
described in instrument to Joyce C. Naumann, recorded in Volume
756, Page 150, of the Deed Records of Montgomery County, Texas
(D.R.M.C.T.), said 144.058 acre tract being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with 3 inch disk found in the
northerly right-of-way of Seven Coves Road, in the apparent common
line between said Lynch Survey and the F.K. Henderson Survey,
Abstract Number 248, for the common corner of said northerly
remainder of 478.483 acre tract, that certain called 11.892 acre
tract described instrument to Montgomery County, recorded under
Clerk's File Number 2007108360, of the Official Public Records of
Montgomery County, Texas (O.P.R.M.C.T.), that certain called
19.170 acre tract described instrument to Montgomery County,
recorded under Clerk's File Number 2008076322 and the northerly
remainder of that certain called 252.848 acre tract described in
instrument to Rmdmg, Ltd., recorded under Clerk's File Number
2022087003, O.P.R.M.C.T., being the southwesterly corner of the
herein described 144.058 acre tract, said POINT OF BEGINNING having
a Texas State Plane Coordinate value of N: 10,141,868.64, E:
3,835,421.95, Central Zone, grid measurements;
THENCE North 18°51'35" West, 1242.26 feet, with the apparent
common line between said Calvin Survey and said Henderson Survey,
the common line between said northerly remainder of 478.483 acre
tract and said northerly remainder of 252.848 acre tract, to a 3/4
inch pinched top iron pipe found for the common easterly corner of
said northerly remainder of 252.848 acre tract, and that certain
called 160.466 acre tract described in instrument to M.C. & G.E.I.,
LLC., recorded under Clerk's File Number 2003047826, O.P.R.M.C.T.,
being an angle point in the westerly line of the herein described
144.058 acre tract;
THENCE North 18°46'29" West, 2693.58 feet, with the common
line between said northerly remainder of 478.483 acre tract and
said 160.466 acre tract, to a 1 inch iron pipe found for the common
corner of said northerly remainder of 478.483 acre tract, said
160.466 acre tract, and Lot 33, Block 1, of Oak Woods II, as shown on
the map or plat thereof, recorded in Cabinet E, Sheet 46B, of the
Map Records of Montgomery County, Texas (M.R.M.C.T.), being an
angle point in the westerly line of the herein described 144.058
acre tract;
THENCE North 17°36'27" West, 211.37 feet, with the easterly
line of said Lot 33, and Lots 34 and 35, of said Block 1, common to
the westerly line of said remainder of 478.483 acre tract, to a 1/2
inch iron pipe found for the apparent common westerly corner of said
Lynch Survey and the George Lonis Survey, Abstract Number 313, the
common corner of said northerly remainder of said 478.483 acre
tract, said Lot 35, and the Park & Drill Site, of Serenity Woods,
Section 1, as shown on the map or plat thereof, recorded in Cabinet
F, Sheet 86B, M.R.M.C.T., being the northwesterly corner of the
herein described 144.058 acre tract;
THENCE North 86°23'35" East, 393.26 feet, with the apparent
common line between said Lynch Survey and said Lonis Survey, the
common line between said remainder of 478.483 acre tract and said
Park & Drill Site, to a 5/8 inch iron rod found for the apparent
common northerly corner of said Lynch Survey and the Nat Hart Davis
Survey, Abstract Number 185, the common northerly corner of said
northerly remainder of 478.483 acre tract and that certain called
79.50 acre tract described in instrument to Poarch / Swinbank LLC.,
recorded under Clerk's File Number 2014107141, O.P.R.M.C.T., being
the northeasterly corner of the herein described 144.058 acre
tract;
THENCE South 47°56'40" East, 4115.87 feet, with the apparent
common line between said Lynch Survey and said Davis Survey, the
southwesterly line of said 79.50 acre tract, that certain called
46.92 acre tract described in instrument to Poarch Swinbank, LLC.,
recorded under Clerk's File Number 2014084681, O.P.R.M.C.T., and
that certain called 11.526 acre tract described in instrument to
David Nunez, recorded under Clerk's File Number 2000064636,
O.P.R.M.C.T., common to the northeasterly line of said northerly
remainder of 478.483 acre tract, to a 5/8 inch iron rod (bent) found
for an angle point in the common line between said northerly
remainder of 478.483 acre tract and said 11.526 acre tract, being an
angle point in the northeasterly line of the herein described
144.058 acre tract;
THENCE South 47°56'09" East, 549.38 feet, continuing, with
the apparent common line between said Lynch Survey and said Davis
Survey, the southwesterly line of said 11.526 acre tract and the
remainder of that certain called 160 acre tract described in
instrument to M.E. Paddock, recorded in Volume 186, Page 409,
D.R.M.C.T., common to the northeasterly line of said remainder of
478.483 acre tract, to a 1/2 inch iron rod with cap stamped "TPS
100834-00" set in an arc of a non-tangent curve to the right in the
northerly right-of-way of said Seven Coves Road, for the common
corner of said northerly remainder of 478.483 acre tract and said
remainder of 160 acre tract, that certain called 1.896 acre tract
described in instrument to Montgomery County, recorded under
Clerk's File Number 2007112041, O.P.R.M.C.T., and said 11.892 acre
tract, being the southeasterly corner of the herein described
144.058 acre tract;
THENCE with the northerly right-of-way of said Seven Coves
Road, the common line between said northerly remainder of 478.483
acre tract and said 11.892 acre tract, the following two (2) courses
and distances:
1. Southwesterly, with the arc of said non-tangent
curve to the right, having a radius of 2905.00 feet, a central angle
of 13°48'39", and a chord that bears South 66°14'21" West, 698.55
feet, at an arc distance of 478.02 feet, pass a 5/8 inch iron rod
with Tx D.O.T. disk found for reference, in all, a total arc
distance of 700.24 feet, to a 5/8 inch iron rod with Tx D.O.T. disk
found for the end of said curve to the right;
2. South 73°51'25" West, 1961.96 feet, to the POINT OF
BEGINNING and containing a computed area of 144.058 acres of land
within this Field Note Description.
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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. 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, 2025.
Pos. No. Name of Director
1 Michele Burke
2 Andrew Williams
3 Benjamin Mellado
4 Mehmet Okumus
5 Joey Sergio Soto