Texas 2025 - 89th Regular

Texas House Bill HB5695 Compare Versions

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11 89R25302 MP-F
22 By: Gerdes H.B. No. 5695
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the creation of the Sayers Ranch Municipal Utility
1010 District; granting a limited power of eminent domain; providing
1111 authority to issue bonds; providing authority to impose
1212 assessments, fees, and taxes.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1515 Code, is amended by adding Chapter 8022A to read as follows:
1616 CHAPTER 8022A. SAYERS RANCH MUNICIPAL UTILITY DISTRICT
1717 SUBCHAPTER A. GENERAL PROVISIONS
1818 Sec. 8022A.0101. DEFINITIONS. In this chapter:
1919 (1) "Board" means the district's board of directors.
2020 (2) "Commission" means the Texas Commission on
2121 Environmental Quality.
2222 (3) "Director" means a board member.
2323 (4) "District" means the Sayers Ranch Municipal
2424 Utility District.
2525 Sec. 8022A.0102. NATURE OF DISTRICT. The district is a
2626 municipal utility district created under Section 59, Article XVI,
2727 Texas Constitution.
2828 Sec. 8022A.0103. CONFIRMATION AND DIRECTOR ELECTION
2929 REQUIRED. The temporary directors shall hold an election to
3030 confirm the creation of the district and to elect five permanent
3131 directors as provided by Section 49.102, Water Code.
3232 Sec. 8022A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3333 temporary directors may not hold an election under Section
3434 8022A.0103 until each municipality in whose corporate limits or
3535 extraterritorial jurisdiction the district is located has
3636 consented by ordinance or resolution to the creation of the
3737 district and to the inclusion of land in the district as required by
3838 applicable law.
3939 Sec. 8022A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4040 (a) The district is created to serve a public purpose and benefit.
4141 (b) The district is created to accomplish the purposes of:
4242 (1) a municipal utility district as provided by
4343 general law and Section 59, Article XVI, Texas Constitution; and
4444 (2) Section 52, Article III, Texas Constitution, that
4545 relate to the construction, acquisition, improvement, operation,
4646 or maintenance of macadamized, graveled, or paved roads, or
4747 improvements, including storm drainage, in aid of those roads.
4848 Sec. 8022A.0106. INITIAL DISTRICT TERRITORY. (a) The
4949 district is initially composed of the territory described by
5050 Section 2 of the Act enacting this chapter.
5151 (b) The boundaries and field notes contained in Section 2 of
5252 the Act enacting this chapter form a closure. A mistake made in the
5353 field notes or in copying the field notes in the legislative process
5454 does not affect the district's:
5555 (1) organization, existence, or validity;
5656 (2) right to issue any type of bond for the purposes
5757 for which the district is created or to pay the principal of and
5858 interest on a bond;
5959 (3) right to impose a tax; or
6060 (4) legality or operation.
6161 SUBCHAPTER B. BOARD OF DIRECTORS
6262 Sec. 8022A.0201. GOVERNING BODY; TERMS. (a) The district
6363 is governed by a board of five elected directors.
6464 (b) Except as provided by Section 8022A.0202, directors
6565 serve staggered four-year terms.
6666 Sec. 8022A.0202. TEMPORARY DIRECTORS. (a) The temporary
6767 board consists of:
6868 (1) Blake Scrivener;
6969 (2) Lindsay Key;
7070 (3) John Cox;
7171 (4) Jeremy Brannon; and
7272 (5) Joe Daly.
7373 (b) Temporary directors serve until the earlier of:
7474 (1) the date permanent directors are elected under
7575 Section 8022A.0103; or
7676 (2) the fourth anniversary of the effective date of
7777 the Act enacting this chapter.
7878 (c) If permanent directors have not been elected under
7979 Section 8022A.0103 and the terms of the temporary directors have
8080 expired, successor temporary directors shall be appointed or
8181 reappointed as provided by Subsection (d) to serve terms that
8282 expire on the earlier of:
8383 (1) the date permanent directors are elected under
8484 Section 8022A.0103; or
8585 (2) the fourth anniversary of the date of the
8686 appointment or reappointment.
8787 (d) If Subsection (c) applies, the owner or owners of a
8888 majority of the assessed value of the real property in the district
8989 may submit a petition to the commission requesting that the
9090 commission appoint as successor temporary directors the five
9191 persons named in the petition. The commission shall appoint as
9292 successor temporary directors the five persons named in the
9393 petition.
9494 SUBCHAPTER C. POWERS AND DUTIES
9595 Sec. 8022A.0301. GENERAL POWERS AND DUTIES. The district
9696 has the powers and duties necessary to accomplish the purposes for
9797 which the district is created.
9898 Sec. 8022A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9999 DUTIES. The district has the powers and duties provided by the
100100 general law of this state, including Chapters 49 and 54, Water Code,
101101 applicable to municipal utility districts created under Section 59,
102102 Article XVI, Texas Constitution.
103103 Sec. 8022A.0303. AUTHORITY FOR ROAD PROJECTS. Under
104104 Section 52, Article III, Texas Constitution, the district may
105105 design, acquire, construct, finance, issue bonds for, improve,
106106 operate, maintain, and convey to this state, a county, or a
107107 municipality for operation and maintenance macadamized, graveled,
108108 or paved roads, or improvements, including storm drainage, in aid
109109 of those roads.
110110 Sec. 8022A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111111 road project must meet all applicable construction standards,
112112 zoning and subdivision requirements, and regulations of each
113113 municipality in whose corporate limits or extraterritorial
114114 jurisdiction the road project is located.
115115 (b) If a road project is not located in the corporate limits
116116 or extraterritorial jurisdiction of a municipality, the road
117117 project must meet all applicable construction standards,
118118 subdivision requirements, and regulations of each county in which
119119 the road project is located.
120120 (c) If the state will maintain and operate the road, the
121121 Texas Transportation Commission must approve the plans and
122122 specifications of the road project.
123123 Sec. 8022A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124124 ORDINANCE OR RESOLUTION. The district shall comply with all
125125 applicable requirements of any ordinance or resolution that is
126126 adopted under Section 54.016 or 54.0165, Water Code, and that
127127 consents to the creation of the district or to the inclusion of land
128128 in the district.
129129 Sec. 8022A.0306. DIVISION OF DISTRICT. This chapter
130130 applies to any new district created by the division of the district
131131 under Section 49.316, Water Code, and a new district has all the
132132 powers and duties of the district.
133133 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
134134 Sec. 8022A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
135135 The district may issue, without an election, bonds and other
136136 obligations secured by:
137137 (1) revenue other than ad valorem taxes; or
138138 (2) contract payments described by Section
139139 8022A.0403.
140140 (b) The district must hold an election in the manner
141141 provided by Chapters 49 and 54, Water Code, to obtain voter approval
142142 before the district may impose an ad valorem tax or issue bonds
143143 payable from ad valorem taxes.
144144 (c) The district may not issue bonds payable from ad valorem
145145 taxes to finance a road project unless the issuance is approved by a
146146 vote of a two-thirds majority of the district voters voting at an
147147 election held for that purpose.
148148 Sec. 8022A.0402. OPERATION AND MAINTENANCE TAX. (a) If
149149 authorized at an election held under Section 8022A.0401, the
150150 district may impose an operation and maintenance tax on taxable
151151 property in the district in accordance with Section 49.107, Water
152152 Code.
153153 (b) The board shall determine the tax rate. The rate may not
154154 exceed the rate approved at the election.
155155 Sec. 8022A.0403. CONTRACT TAXES. (a) In accordance with
156156 Section 49.108, Water Code, the district may impose a tax other than
157157 an operation and maintenance tax and use the revenue derived from
158158 the tax to make payments under a contract after the provisions of
159159 the contract have been approved by a majority of the district voters
160160 voting at an election held for that purpose.
161161 (b) A contract approved by the district voters may contain a
162162 provision stating that the contract may be modified or amended by
163163 the board without further voter approval.
164164 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
165165 Sec. 8022A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
166166 OBLIGATIONS. The district may issue bonds or other obligations
167167 payable wholly or partly from ad valorem taxes, impact fees,
168168 revenue, contract payments, grants, or other district money, or any
169169 combination of those sources, to pay for any authorized district
170170 purpose.
171171 Sec. 8022A.0502. TAXES FOR BONDS. At the time the district
172172 issues bonds payable wholly or partly from ad valorem taxes, the
173173 board shall provide for the annual imposition of a continuing
174174 direct ad valorem tax, without limit as to rate or amount, while all
175175 or part of the bonds are outstanding as required and in the manner
176176 provided by Sections 54.601 and 54.602, Water Code.
177177 Sec. 8022A.0503. BONDS FOR ROAD PROJECTS. At the time of
178178 issuance, the total principal amount of bonds or other obligations
179179 issued or incurred to finance road projects and payable from ad
180180 valorem taxes may not exceed one-fourth of the assessed value of the
181181 real property in the district.
182182 SECTION 2. The Sayers Ranch Municipal Utility District
183183 initially includes all the territory contained in the following
184184 area:
185185 BEING 252.94 ACRES OF LAND, SURVEYED BY LANDESIGN SERVICES,
186186 INC., SITUATED IN THE STEPHEN F. AUSTIN SURVEY, ABSTRACT NO. 3 AND
187187 THE BASTROP TOWN TRACT SURVEY, ABSTRACT NO. 11, IN BASTROP COUNTY,
188188 TEXAS, BEING COMPRISED OF A CALLED 127.574 ACRE TRACT OF LAND
189189 DESCRIBED IN A DEED TO T.C. HOFFMAN AND GLADYS M. HOFFMAN, RECORDED
190190 IN VOLUME 221, PAGE 522 OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS
191191 (D.R.B.C.T.), ALL OF A CALLED 0.226 OF ONE ACRE TRACT OF LAND
192192 DESCRIBED IN A GENERAL WARRANTY DEED TO T.C. HOFFMAN AND WIFE,
193193 GLADYS HOFFMAN RECORDED IN VOLUME 327, PAGE 295 OF SAID D.R.B.C.T.,
194194 ALL OF A CALLED 1.00 ACRE TRACT OF LAND DESCRIBED IN A DEED TO TRAVIS
195195 CLAUDE HOFFMAN, JR. AND LAURIE LYNN HOFFMAN, RECORDED IN VOLUME
196196 296, PAGE 652 OF SAID D.R.B.C.T., ALL OF A CALLED 4.516 ACRE TRACT
197197 OF LAND DESCRIBED IN A DEED OF GIFT TO TRAVIS CLAUDE HOFFMAN, JR.
198198 AND SHIRLEY HOFFMAN QUINCY, RECORDED IN VOLUME 2330, PAGE 884 OF THE
199199 OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS (O.P.R.B.C.T.),
200200 ALL OF A CALLED 5.000 ACRE TRACT OF LAND DESCRIBED AS TRACT ONE AND
201201 ALL OF A CALLED 9.996 ACRE TRACT OF LAND DESCRIBED AS TRACT TWO IN A
202202 WARRANTY DEED WITH VENDOR'S LIEN TO JAMES S. FRONCEK AND WIFE,
203203 VIVIAN A. FRONCEK, RECORDED IN VOLUME 690, PAGE 50, OF SAID
204204 O.R.B.C.T., ALL OF A CALLED 21.282 ACRE TRACT OF LAND DESCRIBED IN
205205 AN ASSUMPTION DEED TO JAMES S. FRONCEK AND WIFE, VIVIAN A. FRONCEK,
206206 RECORDED IN VOLUME 690, PAGE 70 OF SAID O.R.B.C.T., A REMAINDER OF A
207207 CALLED 43.38 ACRE TRACT OF LAND DESCRIBED AS FIRST TRACT, AND THE
208208 REMAINDER OF A CALLED 71.36 ACRE TRACT OF LAND, BOTH TRACTS
209209 DESCRIBED IN A WARRANTY DEED TO WOODRUN DEVELOPMENT CO., LTD.,
210210 RECORDED IN VOLUME 947, PAGE 650, OF SAID O.R.B.C.T., BEING MORE
211211 PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
212212 BEGINNING at a 3/8-inch rebar found in the existing
213213 Southwesterly right-of-way line of Sayers Road (CR 157, No record
214214 information found) (R.O.W. Width Varies) and the existing
215215 Southeasterly right-of-way line of Cirrus Lane (75' Wide R.O.W.
216216 -LEGENDS COVE SECTION TWO, a subdivision of record in Cabinet 7,
217217 Page 32-B, of the Plat Records of Bastrop County, Texas
218218 (P.R.B.C.T.)), for the POINT OF BEGINNING and Northerly corner of
219219 said 5.000 acre tract and hereof;
220220 THENCE with the existing Southwesterly right-of-way line of
221221 said Sayers Road and partially with the common Northeasterly line
222222 of said 5.000 acre tract, and then partially with the common
223223 Northeasterly line of said 21.282 acre tract, the following two (2)
224224 courses and distances:
225225 South 29°18'43" East a distance of 490.94 feet to a 1/2-inch
226226 rebar with cap stamped "LSI SURVEY" set; and
227227 South 35°14'18" East a distance of 88.99 feet to a 3/8-inch
228228 rebar found for the northerly common corner of said 21.282 acre
229229 tract and of the GOMEZ RODRIGUEZ SAYERS SUBDIVISION, a subdivision
230230 of record in Cabinet 7, Page 195-A, of said P.R.B.C.T.;
231231 THENCE South 43°03'11" West along the common line of said
232232 21.282 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION, a
233233 distance of 804.16 feet to a 5/8-inch rebar found in the
234234 Southeasterly line of said 21.282 acre tract, being the common
235235 Westerly corner of said 4.462 acre tract and of said 127.574 acre
236236 tract;
237237 THENCE South 47°50'01" East along the common line of said
238238 127.574 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION,
239239 a distance of 244.81 feet to a 3/8-inch rebar found in the
240240 Northeasterly line of said 127.574 acre tract, being the common
241241 Southerly corner of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION and of
242242 said 4.516 acre tract;
243243 THENCE North 42°41'27" East along the common line of said
244244 4.516 acre tract and of said GOMEZ RODRIGUEZ SAYERS SUBDIVISION and
245245 then the Southwesterly right-of-way line of said Sayers Road, a
246246 distance of 795.57 feet to a 1/2-inch rebar with cap marked "J.E.
247247 GARRON RPLS 4303" found in the Southwesterly right-of-way line of
248248 said Sayers Road, being the Northeasterly corner of said 4.516 acre
249249 tract;
250250 THENCE, along the common line of the Southwesterly
251251 right-of-way line of said Sayers Road and of the Northerly line of
252252 said 4.516 acre tract, the following five (5) courses and
253253 distances:
254254 South 37°09'48" East, a distance of 143.70 feet to a 1/2-inch
255255 rebar with cap marked "J.E. GARRON RPLS 4303" found;
256256 South 34°24'07" East, a distance of 45.18 feet to a 1/2-inch
257257 rebar with cap marked "J.E. GARRON RPLS 4303" found;
258258 South 28°31'23" East, a distance of 29.84 feet to a 1/2-inch
259259 rebar with cap marked "J.E. GARRON RPLS 4303" found;
260260 South 24°30'18" East, a distance of 47.38 feet to a 1/2-inch
261261 rebar with cap marked "J.E. GARRON RPLS 4303" found;
262262 South 18°58'24" East, a distance of 11.95 feet to a 1/2-inch
263263 rebar with cap marked "J.E. GARRON RPLS 4303" found in the
264264 Southwesterly right-of-way line of said Sayers Road, being the
265265 Northerly common corner of said 4.516 acre tract and of a called
266266 2.2425 acre tract of land described in a General Warranty Deed to
267267 Leslie L. Anderson and Rebecca Anderson, recorded in Document
268268 No. 201409226 (also known as Volume 2338, Page 47) of said
269269 O.P.R.B.C.T.;
270270 THENCE South 44°37'13" West along the common line of said
271271 4.516 acre tract and of said 2.2425 acre tract, a distance of 725.06
272272 feet to a 3/8-inch rebar found in the Northeasterly line of said
273273 127.574 acre tract, being the common Southerly comer of said 4.516
274274 acre tract and of said 2.2425 acre tract;
275275 THENCE South 47°28'20" East with the Northeasterly line of
276276 said 127.574 acre tract and partially with the common Southwesterly
277277 lines of said 2.2425 acre tract, a called 2.240 acre tract of land
278278 described in a General Warranty Deed to Leslie L. Anderson and wife,
279279 Rebecca J. Anderson, recorded in Volume 754, Page 732, of said
280280 O.R.B.C.T., and a called 4.485 acre tract of land described in a
281281 Special Warranty Deed with Vendor's Lien to Liberty Hill Truck
282282 Service LLC, recorded in Document No. 202212580 of said
283283 O.P.R.B.C.T., a distance of 785.81 feet to a 1/2- inch rebar found
284284 in the Northwesterly line of a called 22.644 acre tract of land
285285 described in a Correction Special Warranty Deed to Mainstreet
286286 Bastrop, LLC, recorded in Document No. 202224002 of said
287287 O.P.R.B.C.T., for the common Easterly corner of said 4.485 acre
288288 tract and of said 127.574 acre tract;
289289 THENCE with the Southeasterly line of said 127.574 acre tract
290290 and partially with the common Northwesterly line of said 22.644
291291 acre tract, and partially with the common Northwesterly line of a
292292 called 100 acre tract described in a General Warranty Deed to Janet
293293 Lynn Stanton recorded in Document No. 202414426, of said
294294 O.P.R.B.C.T., the following nine (9) courses and distances:
295295 South 40°55'45" West a distance of 188.40 feet to a 1/2-inch
296296 rebar with cap stamped "LSI SURVEY" set;
297297 South 41°29'44" West a distance of 340.48 feet to a 1/2-inch
298298 rebar with cap stamped "LSI SURVEY" set;
299299 South 41°31'37" West a distance of 99.68 feet to a 1/2-inch
300300 rebar with cap stamped "LSI SURVEY" set;
301301 South 44°37'38" West a distance of 91.64 feet to a 1/2-inch
302302 rebar with cap stamped "LSI SURVEY" set; and
303303 South 49°29'13" West a distance of 61.37 feet to a 1/2-inch
304304 rebar with cap stamped "LSI SURVEY" set in the Southeasterly line of
305305 said 127.574 acre tract and the common Northwesterly line of said
306306 22.644 acre tract;
307307 South 43°51'55" West a distance of 482.44 feet to a 1/2-inch
308308 rebar with cap stamped "LSI SURVEY" set;
309309 South 43°09'33" West a distance of 796.87 feet to a 1/2-inch
310310 rebar with cap stamped "LSI SURVEY" set;
311311 South 14°00'38" West a distance of 56.74 feet to a 1/2-inch
312312 rebar with cap stamped "LSI SURVEY" set; and
313313 South 08°52'45" West a distance of 195.88 feet to a 1/2-inch
314314 rebar with cap stamped "LSI SURVEY" set in the Southeasterly line of
315315 said 127.574 acre tract and the common Northwesterly line of a
316316 called 110.7880 acre tract of land described as Tract Three in a
317317 General Warranty Deed with Life Estate Reservation to Glenn Odom
318318 and Donna Cassel, recorded in Document No. 201315326 (also known as
319319 Volume 2280, Page 809) of said O.P.R.B.C.T., for the Southwesterly
320320 corner of said 100 acre tract;
321321 THENCE with the Southeasterly line of said 127.574 acre tract
322322 and the common Northwesterly line of said 110.7880 acre tract, the
323323 following two (2) courses and distances:
324324 South 56°47'19" West a distance of 504.66 feet to a 60D nail
325325 found; and
326326 South 43°54'44" West a distance of 76.76 feet to a 1/2-inch
327327 rebar found for the Northerly common comer of said 110.7880 acre
328328 tract, said 127.574 acre tract, of a called 52.930 acre tract of
329329 land described in a General Warranty Deed with Vendor's Lien to
330330 Donald L. Furry, recorded in Document No. 201604620 of said
331331 O.P.R.B.C.T., and of a said 0.226 of one acre tract;
332332 THENCE South 42°30'57" West with the Southeasterly line of
333333 said 0.226 of one acre tract and the common Northwesterly line of
334334 said 52.930 acre tract, a distance of 1,509.88 feet to a 1/2-inch
335335 rebar found for the common corner of the remainder of said 43.38
336336 acre tract, of said 0.226 of one acre tract, of said 52.930 acre
337337 tract and of a called 21.222 acre tract of land described in a
338338 Warranty Deed with Vendor's Lien to Glenn D. Synnott Revocable
339339 Living Trust recorded in Document No. 201809859 of said
340340 O.P.R.B.C.T.;
341341 THENCE South 43°07'59" West with the Southeasterly line of the
342342 remainder of said 43.38 acre tract and partially with the common
343343 Northwesterly line of said 21.222 acre tract, then partially with
344344 the common Northwesterly line of a called 10.289 acre tract of land
345345 described in a General Warranty Deed with Vendor's Lien to James C.
346346 Caouette, recorded in Document No. 202005646 of said O.P.R.B.C.T.,
347347 and then partially with the common Northwesterly line of a called
348348 10.289 acre tract of land described in Warranty Deed with Vendor's
349349 Lien to Alejandro Alvarado Rosas, recorded in Document
350350 No. 201915162 of said O.P.R.B.C.T., passing at a distance of 11.60
351351 feet a 1/2-inch rebar found with "J.E. GARRON RPLS 4303", and
352352 continuing for a total distance of 1,331.18 feet to a 5/8-inch rebar
353353 found in the Northwesterly line of said 10.289 acre tract, for the
354354 Southernmost comer of the remainder of said 43.38 acre tract, also
355355 being the common Easterly corner of Lot 77 and Lot 78, Block A,
356356 WOODRUN SUBDIVISION SECTION ONE, a subdivision of record in Cabinet
357357 3, Page 68-A, of said P.R.B.C.T.;
358358 THENCE with the Westerly line of the remainder of said 43.38
359359 acre tract and the common line of Lots 77, 76, 75 and 74 of said
360360 Block A, the following four (4) courses and distances:
361361 North 43°56'58" West a distance of 384.36 feet to a 5/8-inch
362362 rebar found for the common Easterly corner of said Lot 76 and said
363363 Lot 75;
364364 North 01°57'13" East a distance of 459.68 feet to a 5/8-inch
365365 rebar found for the Northeast corner of said Lot 74;
366366 North 88°00'55" West a distance of 165.15 feet to a 5/8-inch
367367 rebar found for a Northwesterly comer of said Lot 74; and
368368 Along a curve to the Left having a radius of 25.00 feet, an
369369 arc length of 39.49 feet, a delta angle of 90°29'44", and a chord
370370 which bears South 47°02'09" West a distance of 35.51 feet to a
371371 5/8-inch rebar found in the existing Easterly right-of-way line of
372372 Smith Road (CR 418 - R.O.W. Width Varies) for a Northwesterly corner
373373 of said Lot 74;
374374 THENCE North 02°01'21" East with the existing Easterly
375375 right-of-way line of said Smith Road and a common Westerly line of
376376 the remainder of said 43.38 acre tract, a distance of 110.08 feet to
377377 a 5/8-inch rebar found for a Southwesterly corner of Lot 50, of said
378378 Block A;
379379 THENCE partially of the Westerly line of the remainder of
380380 said 43.38 acre tract and then partially with the Westerly line of
381381 the remainder of said 71.36 acre tract and the common line of said
382382 Lot 50, then Lots 49, 48, 47, 46, 45, 44, 43 and 42 of said Block A,
383383 the following seven (7) courses and distances:
384384 Along a curve to the Left having a radius of 25.00 feet, an
385385 arc length of 39.02 feet, a delta angle of 89°26'16", and a chord
386386 which bears South 42°52'50" East a distance of 35.18 feet to a
387387 5/8-inch rebar found for a Southwesterly comer of said Lot 50;
388388 South 88°03'20" East a distance of 165.04 feet to a 5/8-inch
389389 rebar found for the Southeast comer of said Lot 50;
390390 North 03°19'29" East passing at a distance of 456.30 feet a
391391 5/8-inch rebar found for the common Easterly corner of said Lot 49
392392 and of said Lot 48, a continuing for a total distance of 847.36 feet
393393 to a 5/8-inch rebar found for the common Easterly corner of said Lot
394394 47 and of said Lot 46;
395395 North 19°04'55" West a distance of 165.28 feet to a 5/8-inch
396396 rebar found for the common Easterly comer of said Lot 46 and of said
397397 Lot 45;
398398 North 02°43'48" East a distance of 769.06 feet to a 5/8-inch
399399 rebar found for the Northeast corner of said Lot 42;
400400 North 89°33'12" West a distance of 194.92 feet to a 1/2-inch
401401 rebar found for a Northwesterly comer of said Lot 42; and
402402 Along a curve to the Left having a radius of 25.00 feet, an
403403 arc length of 39.18 feet, a delta angle of 89°47'38", and a chord
404404 which bears South 45°37'41" West a distance of 35.29 feet to a
405405 1/2-inch rebar found in the existing Easterly right-of-way line of
406406 said Smith Road for a Northwesterly corner of said Lot 42;
407407 THENCE North 00°35'40" East with the existing Easterly
408408 right-of-way line of said Smith Road and a common Westerly line of
409409 the remainder of said 71.36 acre tract, a distance of 109.91 feet to
410410 a Calculated Point for a Southwesterly corner of Lot 6, Block B, of
411411 said WOODRUN SUBDIVISION SECTION ONE, from which a 5/8-inch rebar
412412 found bears North 05°37'24" West, a distance of 1.19 feet;
413413 THENCE with the Westerly line of the remainder of said 71.36
414414 acre tract and the common line of said Lot 6 and then of Lots 5, 4,
415415 3, 2 and 1 of said Block B, the following eight (8) courses and
416416 distances:
417417 Along a curve to the Left having a radius of 25.00 feet, an
418418 arc length of 39.28 feet, a delta angle of 90°00'54", and a chord
419419 which bears South 44°33'12" East a distance of 35.36 feet to a
420420 Calculated Point for a Southwesterly corner of said Lot 6, from
421421 which a 5/8-inch rebar found bears North 14°26'11" West, a distance
422422 of 1.33 feet;
423423 South 89°33'12" East a distance of 195.00 feet to a 5/8-inch
424424 rebar found for the Southeast corner of said Lot 6;
425425 North 00°30'54" East passing at a distance of 200.20 feet a
426426 5/8-inch rebar found for the common Easterly corner of said Lot 6
427427 and of said Lot 5, and continuing for a total distance of 314.34
428428 feet to a 5/8-inch rebar found for an angle point of said 71.36 acre
429429 tract and of said Lot 5;
430430 North 20°40'55" East passing at a distance of 50.27 feet a
431431 1/2-inch rebar found for the common Easterly corner of said Lot 5
432432 and of said Lot 4, then passing at a distance of 244.54 feet a
433433 1/2-inch rebar found for the common Easterly corner of said Lot 4
434434 and of said Lot 3, and continuing for a total distance of 420.04
435435 feet to a 5/8-inch rebar found for the common Easterly corner of
436436 said Lot 3 and of said Lot 2;
437437 North 35°36'18" East a distance of 329.13 feet to a 5/8-inch
438438 rebar found for the Northeast comer of said Lot 1;
439439 Along a curve to the Left having a radius of 270.00 feet, an
440440 arc length of 85.33 feet, a delta angle of 18°06'30", and a chord
441441 which bears North 62°08'00" West a distance of 84.98 feet to a
442442 5/8-inch rebar found;
443443 North 71°18'08" West a distance of 222.07 feet to a 5/8-inch
444444 rebar found for a Northwesterly corner of said Lot 1; and
445445 Along a curve to the Left having a radius of 25.00 feet, an
446446 arc length of 39.08 feet, a delta angle of 89°34'24", and a chord
447447 which bears South 63°25'16" West a distance of 35.22 feet to a
448448 1/2-inch rebar found in the existing Easterly right-of-way line of
449449 said Smith Road for a Northwesterly corner of said Lot 1;
450450 THENCE North 18°35'25" East with the existing Easterly
451451 right-of-way line of said Smith Road and a common Westerly line of
452452 the remainder of said 71.36 acre tract, a distance of 110.29 feet to
453453 a 1/2-inch rebar with cap stamped "LSI SURVEY" set for a
454454 Southwesterly corner of Lot 15, said Block A;
455455 THENCE with the Westerly line of the remainder of said 71.36
456456 acre tract and the common line of said Lot 15, then of Lots 14, 13
457457 and 12 of said Block A, the following seven (7) courses and
458458 distances:
459459 Along a curve to the Left having a radius of 25.00 feet, an
460460 arc length of 39.28 feet, a delta angle of 90°00'54", and a chord
461461 which bears South 26°16'39" East a distance of 35.36 feet to a
462462 5/8-inch rebar found for a Southwesterly corner of said Lot 15;
463463 South 71°16'39" East a distance of 222.07 feet to a 1/2-inch
464464 rebar with cap stamped "ASH RPLS 5687" found for the Southeast
465465 corner of said Lot 15;
466466 North 28°00'53" East a distance of 567.64 feet to a 1/2-inch
467467 rebar found for the Northeast comer of said Lot 12;
468468 North 48°34'10" West a distance of 200.25 feet to a 1/2-inch
469469 rebar found;
470470 Along a curve to the Left having a radius of 270.00 feet, an
471471 arc length of 107.16 feet, a delta angle of 22°44'25", and a chord
472472 which bears North 59°54'01" West a distance of 106.46 feet to a
473473 5/8-inch rebar found;
474474 North 71°20'23" West a distance of 24.94 feet to a 5/8-inch
475475 rebar found; and
476476 Along a curve to the Left having a radius of 25.00 feet, an
477477 arc length of 39.18 feet, a delta angle of 89°47'07", and a chord
478478 which bears South 63°39'20" West a distance of 35.29 feet to a
479479 5/8-inch rebar found in the existing Easterly right-of-way line of
480480 said Smith Road for a Northwesterly corner of said Lot 12;
481481 THENCE North 18°39'01" East with the existing Easterly
482482 right-of-way line of said Smith Road and a common Westerly line of
483483 the remainder of said 71.36 acre tract, a distance of 109.97 feet to
484484 a 5/8-inch rebar found for a Southwesterly comer of Lot 2, said
485485 Block A;
486486 THENCE with the Westerly line of the remainder of said 71.36
487487 acre tract and the common line of said Lot 2 and of Lot 1, said Block
488488 A, the following five (5) courses and distances:
489489 Along a curve to the Left having a radius of 25.00 feet, an
490490 arc length of 38.77 feet, a delta angle of 88°51'35", and a chord
491491 which bears South 26°02'06" East a distance of 35.00 feet to a
492492 5/8-inch rebar found;
493493 South 71°06'47" East a distance of 25.33 feet to a 5/8-inch
494494 rebar found;
495495 Along a curve to the Right having a radius of 330.00 feet, an
496496 arc length of 131.12 feet, a delta angle of 22°45'53", and a chord
497497 which bears South 59°55'40" East a distance of 130.26 feet to a
498498 1/2-inch rebar with cap stamped "J.E. GARON RPLS 4303" found;
499499 South 48°23'53" East a distance of 69.48 feet to a 5/8-inch
500500 rebar found for the Southeasterly corner of said Lot 2; and
501501 North 41°26'12" East passing at a distance of 151.19 feet a
502502 5/8-inch rebar for the common Easterly corner of said Lot 2 and of
503503 said Lot 1, and continuing for a total distance of 276.19 feet to a
504504 5/8-inch for the Northerly common corner of the remainder of said
505505 71.36 acre tract and of said Lot 1, being in the common
506506 Southwesterly line of a called 28.115 acre tract of land described
507507 as Tract 1 in a General Warranty Deed with Vendor's Lien to Samuel
508508 J. Stevenson and Christiane M. Stevenson, recorded in Document
509509 No. 200800379 (also known as Volume 1804, Page 828) of said
510510 O.P.R.B.C.T.;
511511 THENCE South 48°30'35" East with the Northeasterly line of the
512512 remainder of said 71.36 acre tract and partially with the
513513 Southwesterly common line of said 28.115 acre tract, then partially
514514 with the common Southwesterly line of Lot 5, Block D, LEGENDS COVE
515515 SECTION TWO, a subdivision of record in Cabinet 7, Page 155-A of
516516 said P.R.B.C.T., and then partially with the existing Southeasterly
517517 right-of-way line of said Cirrus Lane, a distance of 932.54 feet to
518518 a 1/2-inch rebar found for the common Southerly corner of the
519519 existing Southeasterly right-of-way line of Cirrus Lane and of said
520520 21.282 acre tract, from which a 1/2-inch rebar in the Northwesterly
521521 line of said 127.574 acre tract, being the common Easterly corner of
522522 said 71.36 acre tract and of said 21.282 acre tract bears South
523523 48°20'23" East, a distance of 548.06 feet;
524524 THENCE North 42°27'57" East with the existing Southeasterly
525525 right-of-way line of said Cirrus Lane and partially with the common
526526 Northwesterly line of said 21.282 acre tract, then partially with
527527 the common Northwesterly line of said 9.996 acre tract, and then
528528 partially with the common Northwesterly line of said 5.000 acre
529529 tract, a distance of 2,980.30 feet to the POINT OF BEGINNING and
530530 containing 252.94 acres of land, more or less.
531531 SECTION 3. (a) The legal notice of the intention to
532532 introduce this Act, setting forth the general substance of this
533533 Act, has been published as provided by law, and the notice and a
534534 copy of this Act have been furnished to all persons, agencies,
535535 officials, or entities to which they are required to be furnished
536536 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
537537 Government Code.
538538 (b) The governor, one of the required recipients, has
539539 submitted the notice and Act to the Texas Commission on
540540 Environmental Quality.
541541 (c) The Texas Commission on Environmental Quality has filed
542542 its recommendations relating to this Act with the governor, the
543543 lieutenant governor, and the speaker of the house of
544544 representatives within the required time.
545545 (d) All requirements of the constitution and laws of this
546546 state and the rules and procedures of the legislature with respect
547547 to the notice, introduction, and passage of this Act are fulfilled
548548 and accomplished.
549549 SECTION 4. (a) If this Act does not receive a two-thirds
550550 vote of all the members elected to each house, Subchapter C, Chapter
551551 8022A, Special District Local Laws Code, as added by Section 1 of
552552 this Act, is amended by adding Section 8022A.0307 to read as
553553 follows:
554554 Sec. 8022A.0307. NO EMINENT DOMAIN POWER. The district may
555555 not exercise the power of eminent domain.
556556 (b) This section is not intended to be an expression of a
557557 legislative interpretation of the requirements of Section 17(c),
558558 Article I, Texas Constitution.
559559 SECTION 5. This Act takes effect immediately if it receives
560560 a vote of two-thirds of all the members elected to each house, as
561561 provided by Section 39, Article III, Texas Constitution. If this
562562 Act does not receive the vote necessary for immediate effect, this
563563 Act takes effect September 1, 2025.