Bill Text: TX HB5382 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the creation of the Jarrell Estates Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-24 - Removed from local & uncontested calendar [HB5382 Detail]
Download: Texas-2023-HB5382-Comm_Sub.html
By: Wilson (Senate Sponsor - Schwertner) | H.B. No. 5382 | |
(In the Senate - Received from the House May 10, 2023; | ||
May 10, 2023, read first time and referred to Committee on Local | ||
Government; May 19, 2023, reported favorably by the following | ||
vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.) | ||
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relating to the creation of the Jarrell Estates Municipal Utility | ||
District No. 1; 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 7962 to read as follows: | ||
CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7962.0101. 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 Jarrell Estates Municipal | ||
Utility District No. 1. | ||
Sec. 7962.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7962.0103. CONFIRMATION AND DIRECTORS' 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. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7962.0103 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. | ||
Sec. 7962.0105. 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. 7962.0106. 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. 7962.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7962.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Jake Newman; | ||
(2) Davis Craig; | ||
(3) Brad Harwick; | ||
(4) LouAnn Covington; and | ||
(5) Stephen Fowler. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7962.0103; 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 7962.0103 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 7962.0103; 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. 7962.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7962.0302. 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. 7962.0303. 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. 7962.0304. 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. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any | ||
water, sanitary sewer, road, drainage, or other infrastructure or | ||
public facilities constructed, acquired, improved, maintained, or | ||
operated by the district shall comply with any subdivision or other | ||
applicable regulations of any municipality in whose corporate | ||
limits or extraterritorial jurisdiction the infrastructure or | ||
public facilities are located unless other regulations are | ||
specified in a development agreement between the district and the | ||
municipality. | ||
Sec. 7962.0306. 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. 7962.0307. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) 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. | ||
(c) Any 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. | ||
(d) 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. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7962.0103 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(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 or among the new districts. | ||
(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) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7962.0103. If the voters of a new district do not confirm | ||
the creation of the new district, the assets, obligations, | ||
territory, and governance of the new district revert to the | ||
original district. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7962.0104 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. | ||
(k) Any 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) 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7962.0401. 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 7962.0403. | ||
(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. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7962.0401, 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. | ||
(c) Section 49.107(f), Water Code, does not apply to | ||
reimbursements for projects constructed or acquired under Section | ||
7962.0303. | ||
Sec. 7962.0403. 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. 7962.0501. 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. 7962.0502. 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. 7962.0503. 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 Jarrell Estates Municipal Utility District | ||
No. 1 initially includes all the territory contained in the | ||
following area: | ||
(a) BEGINNING: At a 2" pipe post found in the North line of | ||
County Road 232 for the lower Southeast corner of a 649.53 Acre | ||
Tract (Document #2004074055, Official Public Records, described in | ||
Volume 2520, Page 200 and Volume 2598, Page 457, Official Public | ||
Records) and an exterior corner of said 3072.64 Acre Tract and of | ||
this tract from which a 2" pipe post found in the South line of said | ||
county road for the Northwest corner of a 48.65 Acre Tract (surveyed | ||
March 10, 2022) bears S 00° 18' 48" W 56.15 feet; | ||
THENCE: Along a fence with the lower East line of said 649.53 | ||
Acre Tract and a West line of said 3072.64 Acre Tract and of this | ||
tract as follows: | ||
N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an angle | ||
point; | ||
N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an | ||
interior corner of said 649.53 Acre Tract and an exterior corner of | ||
said 3072.64 Acre Tract and of this tract; | ||
THENCE: Along a fence with the upper South line of said 649.53 | ||
Acre Tract and a North line of said 3072.64 Acre Tract and of this | ||
tract as follows: | ||
N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an angle | ||
point; | ||
N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an angle | ||
point; | ||
N 68° 01' 01" E 2635.82 feet to a 100D nail set for the | ||
Southeast corner of said 649.53 Acre Tract and an interior corner of | ||
said 3072.64 Acre Tract and of this tract; | ||
THENCE: Along a fence with the East line of Abstract No. 358, | ||
Survey No. 1, and said 649.53 Acre Tract, the lower East line of a | ||
1209.24 Acre Tract (Document #2014012037, Official Public | ||
Records), the West line of Survey No. 21, and the upper West line of | ||
said 3072.64 Acre Tract and of this tract as follows: | ||
N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an | ||
angle point; | ||
N 21° 14' 51" W 877.13 feet to a steel post found for an angle | ||
point; | ||
N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the | ||
Northeast corner of said 649.53 Acre Tract and an angle point of | ||
this tract; | ||
S 69° 04' 53" W 13.57 feet with the North line of said 649.53 | ||
Acre Tract to a 3" pipe post found for the Southeast corner of said | ||
1209.24 Acre Tract and an angle point of this tract; | ||
N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an | ||
interior corner of said 1209.24 Acre Tract and the upper Northwest | ||
corner of said 3072.64 Acre Tract and of this tract; | ||
THENCE: Along a fence with the upper South line of said | ||
1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume 365, | ||
Page 115, Deed Records) and the North line of said 3072.64 Acre | ||
Tract and of this tract as follows: | ||
N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10" | ||
cedar post for the upper Southeast corner of said 1209.24 Acre | ||
Tract, the upper Southwest corner of said 5611 Acre Tract, and an | ||
angle point of this tract; | ||
N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an | ||
angle point; | ||
S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6" cedar | ||
post for an interior corner of said 5611 Acre Tract and the upper | ||
Northeast corner of this tract; | ||
S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3" pipe | ||
post for an exterior corner of said 5611 Acre Tract and an interior | ||
corner of this tract; | ||
N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an | ||
interior corner of said 5611 Acre Tract and an exterior corner of | ||
this tract; | ||
S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an | ||
angle point; | ||
S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the | ||
lower Southwest corner of said 5611 Acre Tract, an interior corner | ||
of said 3072.64 Acre Tract, an exterior corner of a 1205.00 Acre | ||
Tract (this day surveyed), and an angle point of this tract; | ||
S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to a | ||
5/8" iron pin set for an interior corner of said 1205.00 Acre Tract | ||
and the upper Southeast corner of this tract; | ||
THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set for | ||
the Northwest corner of said 1205.00 Acre Tract and an interior | ||
corner of this tract; | ||
THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a | ||
5/8" iron pin set for an angle point of said 1205.00 Acre Tract and | ||
the upper Northwest corner of a 514.30 Acre Tract (this day | ||
surveyed), continuing to a 5/8" iron pin set for an interior corner | ||
of said 514.30 Acre Tract and an exterior corner of this tract; | ||
THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set for | ||
the lower Northwest corner of said 514.30 Acre Tract and the lower | ||
Southwest corner of this tract; | ||
THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the | ||
East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, Page | ||
859, Deed Records) and the West line of Survey No. 21 to a 1/2" iron | ||
pin found by 10" cedar post for the Northeast corner of Survey | ||
No. 13 and said 195.5 Acre Tract, the Southeast corner of Abstract | ||
No. 358, and an interior corner of said 3072.64 Acre Tract and of | ||
this tract; | ||
THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the | ||
North line of Survey No. 13 and the South line of Abstract No. 358 | ||
to a 6" cedar post found for an exterior corner of said 3072.64 Acre | ||
Tract and of this tract; | ||
THENCE: Along a fence with the East line of said county road | ||
and a West line of said 3072.64 Acre Tract and of this tract passing | ||
2" pipe posts found as follows: | ||
N 32° 07' 47" W 379.77 feet to an angle point; | ||
N 33° 01' 44" W 321.50 feet to an angle point; | ||
N 50° 45' 25" W 315.12 feet to an angle point; | ||
N 41° 41' 33" W 368.36 feet to an angle point; | ||
N 17° 54' 39" W 267.13 feet to an angle point; | ||
N 22° 26' 20" W 168.35 feet to an angle point; | ||
N 46° 44' 55" W 100.13 feet to an angle point; | ||
N 71° 41' 21" W 102.15 feet to an angle point; | ||
N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING. | ||
(b) BEGINNING: At a 5/8" iron pin set under fence in the West | ||
line of a 673.33 Acre Tract (Document #2021159264, Official Public | ||
Records) and the lower East line of said 3072.64 Acre Tract for the | ||
lower Southeast corner of a 1205.00 Acre Tract (this day surveyed) | ||
and the lower Northeast corner of this tract from which a 1/2" iron | ||
pin found for an angle point of said 1205.00 Acre Tract bears N 20° | ||
43' 12med" W 159.01 feet; | ||
THENCE: Along a fence with the West line of said 673.33 Acre | ||
Tract and the lower East line of said 3072.64 Acre Tract and of this | ||
tract as follows: | ||
S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an | ||
angle point; | ||
S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an | ||
interior corner of said 673.33 Acre Tract, an exterior corner of | ||
said 3072.64 Acre Tract, and the upper Southeast corner of this | ||
tract; | ||
THENCE: Along a fence with the North line of Survey No. 20, | ||
the lower North line of said 673.33 Acre Tract, and the North line | ||
of a 30-foot Nature Trail of Spear's Ranch on Salado Creek Section | ||
One (Cabinet T, Slides 209 thru 223, Plat Records), and the South | ||
line of Survey No. 21, and a South line of this tract as follows: | ||
S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3" pipe | ||
post for the lower Northwest corner of said 673.33 Acre Tract, the | ||
Northeast corner of said nature trail, and an angle point of this | ||
tract; | ||
S 69° 04' 11" W 416.61 feet to an angle point; | ||
S 69° 08' 40" W 1831.06 feet to an angle point; | ||
S 68° 48' 01" W 760.40 feet to an angle point; | ||
S 67° 55' 49" W 1390.64 feet to an angle point; | ||
S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the | ||
Northwest corner of said nature trail, the Northeast corner of said | ||
67.66 Acre Tract, and an interior corner of this tract; | ||
THENCE: Along a fence with the West line of said nature trail, | ||
the East line of said 67.66 Acre Tract, and the lower East line of | ||
this tract as follows: | ||
S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26" Live | ||
Oak tree for an angle point; | ||
S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an | ||
angle point; | ||
S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16" Live | ||
Oak tree for an angle point; | ||
S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an | ||
angle point; | ||
S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an | ||
angle point; | ||
S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an | ||
angle point; | ||
S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18" Oak | ||
tree for an angle point; | ||
S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12" Live | ||
Oak for an angle point; | ||
S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4" cedar | ||
post for an angle point; | ||
S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the | ||
Northeast corner of the remainder of a 2161.001 Acre Tract | ||
(Document #2000028918, Official Public Records), the Southeast | ||
corner of said 67.66 Acre Tract, and the lower Southeast corner of | ||
this tract; | ||
THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2" | ||
iron pin found by 10" creosote post for the Northwest corner of the | ||
remainder of said 2161.001 Acre Tract, the Southwest corner of said | ||
67.66 Acre Tract, and the lower Southwest corner of this tract; | ||
THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the | ||
East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255, | ||
Page 742, Official Public Records) and the West line of Survey | ||
No. 20 to a 1/2" iron pin found by 8" creosote post for the | ||
Northeast corner of said 106.95 Acre Tract, an angle point of said | ||
67.66 Acre Tract, an exterior corner of said 3072.64 Acre Tract, and | ||
an interior corner of this tract; | ||
THENCE: Along a fence with the North line of said 106.95 Acre | ||
Tract and a South line of said 3072.64 Acre Tract and of this tract | ||
as follows: | ||
S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an | ||
angle point; | ||
S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an | ||
angle point; | ||
S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an | ||
angle point; | ||
N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an angle | ||
point; | ||
N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2" pipe | ||
post for an angle point; | ||
S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2" pipe | ||
post for an angle point; | ||
S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an angle | ||
point; | ||
S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an angle | ||
point; | ||
S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the | ||
Northwest corner of said 106.95 Acre Tract and an exterior corner of | ||
said 3072.64 Acre Tract and of this tract; | ||
THENCE: Along a fence with the East line of County Road 232 | ||
and a West line of said 3072.64 Acre Tract and of this tract as | ||
follows: | ||
N 19° 17' 35" E 134.40 feet to an angle point; | ||
N 24° 00' 25" W 138.58 feet to an angle point; | ||
N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2" pipe | ||
post for an angle point; | ||
N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South | ||
terminus of a 50-foot Road Easement (this day surveyed), continuing | ||
to an angle point; | ||
N 44° 04' 25" W 261.31 feet to an angle point; | ||
N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an angle | ||
point; | ||
N 14° 32' 04" W 211.93 feet to an angle point; | ||
N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the | ||
South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed | ||
Records) and an exterior corner of said 3072.64 Acre Tract and of | ||
this tract; | ||
THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10" | ||
cedar post found for the Southeast corner of said 195.5 Acre Tract | ||
and an interior corner of said 3072.64 Acre Tract and of this tract; | ||
THENCE: N 20° 44' 59" W 702.86 feet along a fence with the | ||
East line of Survey No. 13 and said 195.5 Acre Tract and the West | ||
line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron pin | ||
set for an exterior corner of a 1419.57 Acre Tract (this day | ||
surveyed) and the lower Northwest corner of this tract; | ||
THENCE: Crossing said 3072.64 Acre Tract with the North line | ||
of this tract as follows: | ||
N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the | ||
lower Southeast corner of said 1419.57 Acre Tract and an interior | ||
corner of this tract; | ||
N 21° 02' 32" W 2598.17 feet with the lower East line of said | ||
1419.57 Acre Tract to a 5/8" iron pin set for an angle point of said | ||
1205.00 Acre Tract and the upper Northwest corner of this tract; | ||
Continuing with the North line of this tract and the South | ||
line of said 1205.00 Acre Tract as follows: | ||
S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North | ||
terminus of said road easement, continuing to a 5/8" iron pin set | ||
for an angle point; | ||
N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an | ||
interior corner of said 1205.00 Acre Tract and the upper Northeast | ||
corner of this tract; | ||
S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the | ||
Southwest corner of said 1205.00 Acre Tract and an interior corner | ||
of this tract; | ||
N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING. | ||
(c) BEGINNING: At a 1/2" iron pin found in the West line of | ||
County Road 232 and the South line of a 195.5 Acre Tract (Volume | ||
2458, Page 859, Deed Records) for the Northeast corner of this tract | ||
from which a 1/2" iron pin found in the East line of said county road | ||
for an exterior corner of a 514.30 Acre Tract (this day surveyed) | ||
bears N 68° 50' 18" E 54.24 feet; | ||
THENCE: With the West line of said road and the East line of | ||
this tract passing 1/2" iron pins found as follows: | ||
S 04° 49' 16" E 455.90 feet to an angle point; | ||
S 14° 52' 48" E 238.88 feet to an angle point; | ||
S 44° 15' 55" E 602.34 feet to an angle point; | ||
S 44° 13' 37" E 256.82 feet to an angle point; | ||
S 39° 27' 01" E 248.02 feet to an angle point; | ||
S 38° 18' 33" E 658.46 feet to an angle point; | ||
S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the | ||
Southeast corner of this tract; | ||
THENCE: With the North line of said county road and the South | ||
line of this tract as follows: | ||
S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an angle | ||
point; | ||
S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an angle | ||
point; | ||
S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an | ||
angle point; | ||
S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an | ||
angle point; | ||
S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an angle | ||
point; | ||
S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2" pipe | ||
post, continuing to the Southwest corner of this tract; | ||
THENCE: Along the center of North Salado Creek with the East | ||
line of a 12.00 Acre Tract (Document #2020075231, Official Public | ||
Records) and a 124.74 Acre Tract (Document #2016095553, Official | ||
Public Records) and the West line of this tract as follows: | ||
N 41° 03' 59" W 131.42 feet to an angle point; | ||
N 11° 53' 19" W 40.63 feet to an angle point; | ||
N 76° 36' 27" W 45.17 feet to an angle point; | ||
N 30° 48' 05" W 126.68 feet to an angle point; | ||
N 78° 57' 33" W 87.41 feet to an angle point; | ||
N 12° 44' 59" E 79.02 feet to an angle point; | ||
N 11° 00' 13" W 73.47 feet to an angle point; | ||
S 88° 36' 10" W 82.16 feet to an angle point; | ||
N 66° 02' 15" W 98.65 feet to an angle point; | ||
N 06° 27' 32" W 106.86 feet to an angle point; | ||
N 30° 17' 17" E 145.33 feet to an angle point; | ||
N 03° 28' 06" W 75.42 feet to an angle point; | ||
N 37° 44' 59" W 146.89 feet to an angle point; | ||
N 63° 26' 06" W 145.44 feet to an angle point; | ||
N 38° 31' 49" W 136.06 feet to an angle point; | ||
N 12° 39' 09" W 86.38 feet to an angle point; | ||
N 04° 05' 08" W 70.68 feet to an angle point; | ||
S 86° 18' 31" W 52.15 feet to an angle point; | ||
N 76° 52' 51" W 106.01 feet to an angle point; | ||
N 12° 38' 00" W 83.15 feet to an angle point; | ||
N 23° 29' 55" W 105.25 feet to an angle point; | ||
N 10° 37' 11" E 136.64 feet to an angle point; | ||
N 04° 47' 52" W 86.56 feet to an angle point; | ||
N 34° 45' 21" W 139.44 feet to an angle point; | ||
N 06° 54' 40" W 77.72 feet to an angle point; | ||
N 17° 40' 47" E 51.12 feet to an angle point; | ||
N 52° 40' 44" E 193.31 feet to an angle point; | ||
N 18° 45' 31" E 85.20 feet to an angle point; | ||
N 23° 41' 26" W 105.23 feet to an angle point; | ||
N 86° 35' 59" W 152.93 feet to an angle point; | ||
N 60° 31' 27" W 77.06 feet to an angle point; | ||
N 30° 15' 23" W 81.04 feet to an angle point; | ||
N 67° 37' 12" W 107.25 feet to an angle point; | ||
S 79° 56' 22" W 183.67 feet to an angle point; | ||
N 73° 48' 39" W 94.15 feet to an angle point; | ||
S 88° 10' 54" W 91.93 feet to an angle point; | ||
N 53° 44' 46" W 180.85 feet to an angle point; | ||
N 74° 50' 45" W 120.88 feet to an angle point; | ||
N 39° 12' 26" W 60.40 feet to the Southwest corner of said | ||
195.5 Acre Tract and the Northwest corner of this tract; | ||
THENCE: N 68° 20' 39" E 1386.29 feet with the South line of | ||
said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump, | ||
continuing along a fence to the POINT OF BEGINNING. | ||
(d) BEGINNING: At a 2" pipe post found in the South line of | ||
County Road 232 and the lower East line of a 649.53 Acre Tract | ||
(Document # #2004074055, Official Public Records, described in | ||
Volume 2520, Page 200 and Volume 2598, Page 457, Official Public | ||
Records) for the Northwest corner of this tract from which a 2" pipe | ||
post found in the North line of said county road for the upper | ||
Southwest corner of a 1419.57 Acre Tract (this day surveyed) bears N | ||
00° 18' 48" E 56.15 feet; | ||
THENCE: Along a fence with the South and West line of said | ||
county road and the North and East line of this tract as follows: | ||
S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an | ||
angle point; | ||
S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an angle | ||
point; | ||
S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an | ||
angle point; | ||
S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an | ||
angle point; | ||
S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an | ||
angle point; | ||
S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an | ||
angle point; | ||
S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the | ||
Southeast corner of this tract; | ||
THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the | ||
North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, | ||
Page 859, Deed Records) and the South line of Abstract No. 358, at | ||
1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing | ||
without fence to the Northwest corner of said 195.5 Acre Tract and | ||
the lower Southwest corner of this tract; | ||
THENCE: Along the center of North Salado Creek with the North | ||
line of a 61.80 Acre Tract (Document #2010063430, Official Public | ||
Records) and the South line of this tract as follows: | ||
N 02° 31' 01" W 103.87 feet to an angle point; | ||
N 52° 32' 58" W 74.50 feet to an angle point; | ||
N 84° 29' 40" W 104.92 feet to an angle point; | ||
S 85° 34' 16" W 152.08 feet to an angle point; | ||
N 80° 01' 20" W 218.89 feet to the lower Southeast corner of | ||
said 649.53 Acre Tract and the Southwest corner of this tract; | ||
THENCE: With the lower East line of said 649.53 Acre Tract | ||
and the West line of this tract as follows: | ||
N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2" pipe | ||
post, continuing along a fence to a 12" cedar post found for an | ||
angle point; | ||
N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post | ||
found for an angle point; | ||
N 04° 10' 33" W 608.21 feet along a fence to the POINT OF | ||
BEGINNING. | ||
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 | ||
7962, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7962.0308 to read as follows: | ||
Sec. 7962.0308. 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. | ||
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