Bill Text: TX SB2571 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 225; 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: (Passed) 2023-05-23 - Effective immediately [SB2571 Detail]
Download: Texas-2023-SB2571-Enrolled.html
S.B. No. 2571 |
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relating to the creation of the Montgomery County Municipal Utility | ||
District No. 225; 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 8074 to read as follows: | ||
CHAPTER 8074. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 225 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8074.0101. 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 Montgomery County Municipal | ||
Utility District No. 225. | ||
Sec. 8074.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8074.0103. CONFIRMATION AND DIRECTOR ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 8074.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8074.0103 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. 8074.0105. 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. 8074.0106. 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. 8074.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8074.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8074.0202. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, 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 temporary directors the five persons | ||
named in the petition. The commission shall appoint as temporary | ||
directors the five persons named in the petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8074.0103; 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 8074.0103 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 8074.0103; 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. 8074.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8074.0302. 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. 8074.0303. 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. 8074.0304. 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. 8074.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCE OR RESOLUTION. The district shall comply with all | ||
applicable requirements of any ordinance or resolution that is | ||
adopted under Section 54.016 or 54.0165, Water Code, and that | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8074.0401. 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 8074.0403. | ||
(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. 8074.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8074.0401, the | ||
district may impose an operation and maintenance tax on taxable | ||
property in the district in accordance with Section 49.107, Water | ||
Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 8074.0403. 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. 8074.0501. 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. 8074.0502. 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. 8074.0503. 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 Montgomery County Municipal Utility District | ||
No. 225 initially includes all the territory contained in the | ||
following area: | ||
Those certain tracts or parcels of land situated in | ||
Montgomery County, Texas, described as follows, to-wit: | ||
TRACT 1 | ||
Being a portion of a 298.473 acre tract, conveyed to DJS Land | ||
Company, LTD et al, as recorded under Clerk’s File No. 8916747 of | ||
the Official Public Records of Real Property Montgomery County | ||
(O.P.R.R.P.M.C.), and all of Tract 5, 0.1914 acre, as recorded | ||
under Clerk’s File No. 2000108801 of the O.P.R.R.P.M.C., the basis | ||
of bearing is the north right-of-way line of FM 2854 as shown on | ||
right-of-way map, September 27, 1968: | ||
BEGINNING at the southeast corner of a 0.0046 acre tract as | ||
recorded under Clerk’s File No. 2017098941 of the Official Public | ||
Records Montgomery County, Texas (O.P.R.M.C.), lying in a southerly | ||
line of said 28.473 acre tract, and a northerly line of State | ||
Highway 2854 as recorded in Volume 630, Page 609 of the Montgomery | ||
County Deed Records (M.C.D.R.), | ||
THENCE (from the 2017098941 deed) NORTH 39 degrees 44 minutes | ||
08 seconds WEST, 28.29 feet, to a westerly corner of the herein | ||
described tract, lying in an easterly right-of-way line of | ||
Southwest Drive as shown on the replat of Southwest Center as | ||
recorded in Cabinet “I”, Sheet 169 of M.R.M.C.; | ||
THENCE NORTHERLY along the easterly right-of-way line | ||
Southwest Drive the following calls, based on the replat of said | ||
Southwest Center: | ||
NORTH 07 degrees 32 minutes 17 seconds EAST, 179.20 feet; | ||
NORTHERLY along a curve to the right, through a central angle | ||
of 24 degrees 26 minutes 31 seconds, to a point of tangency, said | ||
curve having a radius of 303.02 feet, an arc length of 129.27 feet; | ||
NORTH 31 degrees 56 minutes 48 seconds EAST, 317.57 feet; | ||
NORTHEASTERLY along a curve to the right, through a central | ||
angle of 06 degrees 08 minutes 31 seconds, to a point of, said curve | ||
having a radius of 1,793.94 feet, an arc length of 192.31 feet; | ||
NORTH 36 degrees 07 minutes 19 seconds EAST, 17.54 feet; to | ||
the north corner of the herein described tract, also being the west | ||
corner of a 2.273 acre tract and shown on the plat of Southwest | ||
Center Section 1, as recorded on Cabinet “H” Sheet 126A of the | ||
M.C.M.R.; | ||
Thence (from the Southwest Center Section 1) SOUTH 51 degrees | ||
52 minutes 41 seconds EAST, 484.63 feet, to an easterly corner of | ||
the herein described tract, lying in a westerly line of Reserve “A” | ||
of said Southwest Center; | ||
THENCE (from the Southwest Center Section 1 replat) SOUTH 16 | ||
degrees 14 minutes 36 seconds EAST, 269.68 feet (calculated), with | ||
and adjoining said westerly line of Reserve “A”, to a southerly line | ||
of said 298.473 acre tract; | ||
THENCE (from the Southwest Center Section 1 replat) SOUTH 73 | ||
degrees 32 minutes 51 seconds WEST, 131.63 feet (calculated), with | ||
and adjoining said southerly line of the 298.473 acre tract; | ||
THENCE SOUTH 72 degrees 17 minutes 44 seconds WEST, 375.97 | ||
feet (calculated), with and adjoining said southerly line of the | ||
289.473 acre tract, also being the northeast corner of said 0.1914 | ||
acre tract; | ||
THENCE (from the 2000-108801 deed) SOUTH 21 degrees 17 | ||
minutes 12 seconds EAST, 80.76 feet, (SOUTH 16 degrees 44 minutes 06 | ||
seconds EAST rotated) with and adjoining the east line of said | ||
0.1914 acre tract, in the northerly right-of-way line of FM 2854 | ||
(100 feet wide) for the southeast corner of this tract; | ||
THENCE (from the 2000-108801 deed) SOUTH 89 degrees 13 | ||
minutes 30 seconds WEST, 220.49 feet, (NORTH 86 degrees 13 minutes | ||
24 seconds WEST rotated), along the northerly right-of-way line of | ||
FM 2854, to a southerly corner of said 298.473 acre tract; | ||
THENCE (from the 8916747 deed) NORTH 85 degrees 12 minutes 47 | ||
seconds WEST, 88.59 feet, along a southerly line of said 298.473 | ||
acre tract; | ||
THENCE NORTH 82 degrees 27 minutes 43 seconds WEST, 26.52 | ||
feet (calculated), along a southerly line of said 298.473 acre | ||
tract, to the POINT OF BEGINNING, and containing 8.59 acres of land. | ||
TRACT 2 | ||
Being 178.42 acres of land in the Denward James Survey, | ||
A-289, Montgomery County, Texas, and being a portion of a 298.473 | ||
acre tract conveyed to DJS Land Company, LTD. A Texas limited | ||
partnership described in a deed recorded under Clerk’s File No. | ||
8916747 of the Official Public Records of Real Property, Montgomery | ||
County, Texas (O.P.R.R.P.M.C.), more fully described as follows: | ||
BEGINNING at the southwest corner of a 0.0046 acre tract as | ||
described in Clerk’s File No. 201800316 of the Official Public | ||
Records of Montgomery County, Texas (O.P.R.M.C.), lying in the | ||
northerly right-of-way line of FM 2854 as recorded in Volume 630, | ||
Page 609 of the Montgomery County Deed Records (M.C.D.R.) also | ||
being a southerly line of said 298.473 acre tract; | ||
THENCE N 50° 15’ 52” E, 28.28 feet, to a point lying in a | ||
westerly right-of-way line of Southwest Drive. (width varies), as | ||
shown on the replat of Southwest Center, as recorded in Cabinet “I”, | ||
Sheet 169 of the Montgomery County Map Records (M.C.M.R.); | ||
THENCE along the westerly line of said Southwest Drive the | ||
following calls: | ||
N 07° 32’ 17” E, 178.18 feet; | ||
NORTHERLY along a curve to the right, through a central angle | ||
of 24° 26' 31", and a radius of 373.02 feet, an arc length of 159.13 | ||
feet, and having a long chord bearing and distance of N 19° 44' 27" | ||
E, 157.92 feet; | ||
N 31° 58' 48" E, 317.57 feet; | ||
NORTHEASTERLY along a curve to the right, through a central | ||
angle of 06° 08' 31", and a radius of 1,863.94 feet, an arc length of | ||
199.81 feet, and having a long chord bearing and distance of N 35° | ||
01' 58" E, 199.71 feet; | ||
N 38° 07' 19" E, 317.57 feet; | ||
Northeasterly along a curve to the right, through a central | ||
angle of 37° 32' 21", and a radius of 833.88 feet, an arc length of | ||
546.34 feet, and having a long chord bearing and distance of N 56° | ||
52' 21" E, 536.63 feet; | ||
N 75° 25' 55" E, 1,017.29 feet; | ||
Northeasterly along a curve to the left, through a central | ||
angle of 49° 10' 22", to a point of tangency, said curve having a | ||
radius of 901.06 feet, an arc length of 773.32 feet, and having a | ||
long chord bearing and distance of N 50° 48' 41" E, 749.80 feet; | ||
N 26° 13' 30" E, 289.81 feet, to the southeast corner of | ||
Unrestricted Reserve “A” as shown on the plat of Towne Center as | ||
recorded in Cabinet “J”, Sheet 67 of the M.C.M.R. | ||
Along the north and west lines according to the deed recorded | ||
under File No. 8916747, the following calls: | ||
THENCE N 63° 29' 31" W, 139.16 feet, with and adjoining the | ||
southerly line of said Unrestricted Reserve “A”, to a northerly | ||
corner of the herein described tract; | ||
THENCE: N 63° 41’ 09” W, 812.35 ft. along the Southwest line | ||
of the Moran tract to a 3/8” iron rod for corner in the South line of | ||
the B. M. Hill tract; | ||
THENCE: S 74° 09’ 16” W, 217.47 ft. to a concrete monument for | ||
the Hill Southwest corner and the southeast corner of the Parkwest | ||
Subdivision; | ||
THENCE: S 73° 59’ 37” W, 179.31 ft. and S 73° 59’ 47” W, 1185.0 | ||
ft. along the South line of Parkwest Subdivision to its Southwest | ||
corner and the Southeast corner of Woodbranch Subdivision, an axle | ||
found for corner; | ||
THENCE: S 74° 29’ 30” W, 506.30 ft. to a 1/2” iron pipe found | ||
in the South line of the Parkwest Subdivision; | ||
THENCE S 74° 18’ 28” W, 249.66 ft. to a concrete monument | ||
found in the South line of the Parkwest Subdivision; | ||
THENCE: S 74° 11’ 06” W, 374.74 ft. along the South line of the | ||
Parkwest Subdivision to a stake for corner; | ||
THENCE: S 73° 43’ 55” W, 1607.01 ft. to an angle iron found for | ||
the Southwest corner of the W. F. Newton tract; | ||
THENCE: S 76° 399’ 39” W, 275.49 ft. to a 3/4” iron pipe for | ||
the Southwest corner of the Abe Brown tract and the Southeast corner | ||
of the C. Brown tract; | ||
THENCE: S 74° 54’ 18” W, 181.95 ft. to a broken concrete | ||
monument; | ||
THENCE: S 74° 23’ 44” W, 185.32 ft. to a 1/2” iron rod found | ||
for corner; | ||
THENCE: S 15° 45’ 29” E, 1167.80 ft along the Madeley East | ||
line to a 5/8” iron rod for corner in the North right of way line of | ||
F. M. Highway 2854; | ||
THENCE: Along the North line of F. M. 2854: | ||
1) S 81° 45’ 48” E, 469.90 ft; | ||
2) S 85° 16’ 23” E, 769.62 ft.; | ||
3) S 79° 32’ 37” E, 201.0 ft.; | ||
4) S 85° 15’ 15” E, 699.03 ft.; | ||
5) S 88° 04’ 37” E, 201.22 ft.; | ||
6) S 85° 18’ 46” E, 199.38 ft.; | ||
7) S 82° 27’ 43” E, 63.06 ft, to the place of beginning and | ||
containing a calculated 178.42 acres of land. | ||
TRACT 3 | ||
Approximately 57.15 acres of land out of the north one-half | ||
of the Denward James Survey, Montgomery County, Texas, more | ||
particularly described by metes and bounds, as follows: | ||
BEGINNING at a 1/2 inch iron pipe on the south right-of-way | ||
line of the GC&SF Railway, being 100 feet at right angles from the | ||
center line of said railroad and being also at the northeast corner | ||
of the 75 acre tract formerly belonging to J. Smith; | ||
THENCE down the south line of said right-of-way on a curve to | ||
the left with chords as follows: s. 78 degrees, 03 minutes East | ||
450.9 feet; South 82 degrees, 33 minutes East 432.6 feet to the | ||
approximate P.T.; | ||
THENCE continuing down the said right-of-way South 85 | ||
degrees, 05 minutes East 2855.3 feet to a point on the middle line | ||
of the said D. James survey, a point for corner; | ||
THENCE South 74 degrees, 39 minutes West along the said | ||
middle line of the D. James survey 3818.5 feet to the Southeast | ||
corner of the said Smith tract; | ||
THENCE North 1 degree, 20 minutes West along the East line of | ||
the said Smith tract 1405.3 feet to the PLACE OF BEGINNING and | ||
containing 57.15 acres of land, more or less. | ||
TRACT 4 | ||
The surface estate and only the surface estate of 12.74 | ||
acres, more or less, in the Denward James Survey, Abstract 289, | ||
Montgomery County, Texas, and being the same land described in the | ||
Deed executed by Doyle Tow dated July 24, 1963, recorded in Volume | ||
546, Page 67, Deed Records, Montgomery County, Texas, as shown | ||
below. | ||
BEGINNING at the N.W. corner of the Dan Madeley 10 acre tract | ||
for the most westerly S. W. corner of this tract, and situated in | ||
the E.B.L. of the C. J. Cartwright tract 1-1/21" I. pipe for corner; | ||
THENCE N. 00° 181 E. 174.o ft. with the dividing line of this | ||
tract and the Cartwright tract to a 211 I. Rod for the most westerly | ||
N.W. corner of this tract; | ||
THENCE N. 74° 22' E., 437.0 ft. with the dividing line of this | ||
tract and the Keppler tract to fence post for corner and situated in | ||
the South R.O.W. line of the A.C. & S.F. R.R.; | ||
THENCE 100 ft. South of and parallel with the South R.O.W. | ||
line of A.C. & S. F. R.R. with the following calls, to-wit: | ||
S. 62° 59' E., 203.5 ft.; | ||
S. 65° 09' E., 203.5 ft.; | ||
S. 67° 05' E., 203.5 ft. | ||
S. 69° 07’ E., 203.5 ft.; | ||
S. 71° 13’ E., 203.5 ft.; | ||
S. 72° 59’ E., 203.5 ft. | ||
S. 75° 33’ E., 111.8 ft. for an over all distance of 1332.8 ft. | ||
to fence post for the N.E. corner of this tract and situated in the | ||
W.B.L. of a County Road; | ||
THENCE S.00° 52’ W., 198.7 ft. with the dividing line of this | ||
tract and the West R.O.W. line of a County Road to I. Pipe for the | ||
S.E. corner of this tract; | ||
THENCE N. 89° 08’ W., 940.0 ft. with the dividing line of this | ||
tract and the J. W. Dinkins 16.00 acre tract to an I. Pipe for the | ||
most Easterly s.w. corner of this tract, same being the N. W. corner | ||
of the Dinkins 16.00 acre tract and situated in the E.B.L. of the | ||
Madeley 10. acre tract; | ||
THENCE N. 00° 321 W., 188.5 ft. with the dividing line of this | ||
tract and the said Madeley tract to a 1-1/2" I.P. for an inner | ||
corner of this tract, same being the N.E. corner of the Madeley | ||
tract; | ||
THENCE N. 75° 171 W. 747 ft. with the dividing line of this | ||
tract and the Madeley tract to the place of beginning, and to | ||
contain 12.74 acres of land, more or less, being the same property | ||
described in that certain Deed dated May 15, 1963, from J. W. | ||
Dinkins to Doyle Tow, recorded in Volume 542, Page 20, Deed Records, | ||
Montgomery County, Texas. | ||
This document was prepared under 22 Texas Administrative Code § | ||
138.95, does not reflect the results of an on the ground survey, | ||
and is not to be used to convey or establish interests in real | ||
property except those rights and interests implied or established | ||
by the creation or reconfiguration of the boundary of the political | ||
subdivision for which it was prepared. | ||
TRACT 5 | ||
BEING a 10.09 acre tract of land situated in the Denward James | ||
Survey, Abstract No. 289, Montgomery County, Texas, and being that | ||
same called 10-acre tract described in deed to Etta Margaret | ||
Madeley Hill and Billy Sue Henna recorded under Clerk's File No. | ||
9809486 of the Real Property Records of Montgomery County, Texas, | ||
said 10.09 acre tract of land being more particularly described as | ||
follows: | ||
BEGINNING at a 1-1/2 inch iron pipe found for the | ||
northwesterly corner of the herein described tract and | ||
southwesterly corner of a called 12.74 acre Tract 1 described in | ||
deed to HAMARCO LTD. recorded under Clerk's File No. 9625877 of said | ||
Real Property Records; | ||
THENCE with the upper 'southerly line of said HAMARCO 12.47 | ||
acre tract South 75° 27' 33" East a distance of 743.98 feet to a | ||
1-1/2 inch iron pipe found for corner; | ||
THENCE with the lower westerly line of said 12.74 acre tract | ||
South 01° 36' 15" East a distance of 189.3ff feet to a 1/2 inch iron | ||
pipe found for the northwesterly corner of a 15.955 acre tract | ||
described in deed to Larry Steve Taylor recorded under Clerk's File | ||
No., 8013113 of said Real Property Records; | ||
THENCE with the interior westerly line of said 15.955 acre | ||
tract South 00° 39' 02" East a distance of 319.07 feet to a 3/4 inch | ||
iron pipe found for corner; | ||
THENCE with a northerly line of said 15.955 acre tract South | ||
88°18' 37" West a distance of 716.88 feet to a 1 inch iron pipe found | ||
in the easterly line of a called 131.71 acre Tract 3 described in | ||
said deed to HAMARCO INC. recorded under Clerk's File No. 9625877; | ||
THENCE with the easterly line of said 131.71 acre Tract 3 | ||
North 01°00' 00" West a distance of 716.39 feet to the POINT OF | ||
BEGINNING, and containing a computed area of 10.09 acres of land | ||
within this Field Note Description. | ||
TRACT 6 | ||
A tract or parcel of land containing 64.52 acres out of the | ||
Denward James Survey, Abstract No. 289, Montgomery County, Texas, | ||
being a portion of a 131.71 acre tract, conveyed to DJS Land | ||
Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of | ||
the Official Public Records of Real Property Montgomery County | ||
(O.P.R.R.P.M.C.), said 64.52 acres being more particularly | ||
described by metes and bounds as follows, the basis of bearing is | ||
the deed call for the northerly line said 131.71 acre tract: | ||
THENCE South 1 degree 00 minute 00 second East, 832.9 varas | ||
(2,313.62 feet called), (2,281.10 feet calculated), along the | ||
common boundary line with the John Smith Tract to the southwest | ||
corner of the John Smith Tract; | ||
THENCE South 75 degrees 15 minutes 13 seconds West, 1,631.85 | ||
feet, along the south line of said 131.71 acre tract, to the | ||
easterly right-of-way line of Loop 336 acquisition, as recorded | ||
under Clerk’s File No. 8645929 of the Official Public Records of | ||
Real Property Montgomery County, Texas (O.P.R.R.P.M.C.), and being | ||
the southwest corner of the herein described tract, and the | ||
southeast corner of the 1.339 acre right-of-way description; | ||
THENCE along the easterly line of Loop 336 based on deed | ||
recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the | ||
following calls: | ||
Northerly along a curve to the right, through a central angle | ||
of 34 degrees 12 minutes 12 seconds, to a westerly corner of the | ||
herein described tract, said curve having a radius of 2,764.93 | ||
feet, an arc length of 1,650.56 feet, and a long chord gearing and | ||
distance of North 12 degrees 19 minutes 56 seconds East, 1,626.16 | ||
feet; | ||
North 29 degrees 47 minutes 36 seconds EAST (called), (North | ||
32 degrees 25 minutes 21 seconds East calculated), 290.92 feet | ||
along said easterly right-of-way line of Loop 336, to a westerly | ||
corner of the herein described tract; | ||
Northeasterly along a curve to the left, with and adjoining | ||
said easterly right-of-way line of Loop 336, through a central | ||
angle of 01 degree 41 minutes 42 seconds, to a westerly corner of | ||
the herein described tract, said curve having a radius of 5,180.38 | ||
feet, an arc length of 153.26 feet, and a long chord bearing and | ||
distance of North 25 degrees 22 minutes 02 seconds East (called), | ||
(North 27 degrees 59 minutes 47 seconds East (calculated), 153.25 | ||
feet; | ||
North 65 degrees 28 minutes 49 seconds West (called), (North | ||
62 degrees 51 minutes 04 seconds West calculated), 15.00 feet, | ||
along easterly right-of-way line of Loop 336, to a non-tangent | ||
curve and westerly corner of the herein described tract; | ||
Northeasterly along a curve to the left, through a central | ||
angle of 01 degree 16 minutes 06 seconds, to a westerly corner of | ||
the herein described tract, also being the southerly corner of a | ||
0.657 acre Loop 336 right-of-way acquisition as recorded under | ||
Clerk’s File No 9007438 of the O.P.R.R.P.M.C., said curve having a | ||
radius of 5,126.33 feet, an arc length of 113.48 feet, and a long | ||
chord bearing and distance of North 26 degrees 31 minutes 01 seconds | ||
East (calculated), 113.48 feet; | ||
THENCE along the easterly line of Loop 336 based on deed | ||
recorded under Clerk’s File No. 90074389 of the O.P.R.R.P.M.C. the | ||
following calls | ||
North 26 degrees 57 minutes 15 seconds East (called), (North | ||
29 degrees 35 minutes 24 seconds East calculated), 5.27 feet, along | ||
said easterly right-of-way line of Loop 336, to a westerly corner of | ||
the herein described tract; | ||
Northeasterly along a curve to the left, with and adjoining | ||
said easterly right-of-way line of Loop 336, through a central | ||
angle of 04 degrees 12 minutes 19 seconds, to a westerly corner of | ||
the herein described tract, said curve having a radius of 2,822.59 | ||
feet, an arc length of 207.17 feet, and having a long chord bearing | ||
and distance of North 31 degrees 41 minutes 34 seconds East, 207.12 | ||
feet; | ||
North 31 degrees 09 minutes 34 seconds E (called), North 33 | ||
degrees 47 minutes 43 seconds East calculated), 186.70 feet, with | ||
and adjoining said easterly line of Loop 3366, to a non-tangent | ||
curve and westerly corner of the herein described tract; | ||
Northeasterly along a curve to the left, through a central | ||
angle of 03 degrees 22 minutes 56 seconds, to the northwest corner | ||
of the herein described tract, also being the northeast corner of | ||
said 0.657 acre acquisition tract, said curve having a radius of | ||
2,922.59 feet, an arc length of 172.52, and having a long chord | ||
bearing an distance of North 32 degrees 06 minutes 15 seconds East, | ||
172.50 feet; | ||
THENCE North 74 degrees 17 minutes 00 second East, 567.51 | ||
feet, to the POINT OF BEGINNING, and containing 64.52 acres of land, | ||
more or less. Based on an on-the-ground survey conducted on October | ||
20, 2022. | ||
TRACT 7 | ||
A tract or parcel of land containing 48.0 acres out of the | ||
Denward James Survey, Abstract No. 289, Montgomery County, Texas, | ||
being a portion of a 131.71 acre tract, conveyed to DJS Land | ||
Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of | ||
the Official Public Records of Real Property Montgomery County | ||
(O.P.R.R.P.M.C.), said 48.0 acres being more particularly | ||
described by metes and bounds as follows, the basis of bearing is | ||
the deed call for the northerly line said 131.71 acre tract: | ||
COMMENCING at the northeast corner of said 131.71 acre tract, | ||
lying in the north line of the Denward James Survey; | ||
THENCE South 74 degrees 17 minutes 00 second West, with and | ||
adjoining the north line of said 131.71 acre tract also being the | ||
north line of the Denward James Survey, at 567.51 feet, passing the | ||
east right-of-way line of Loop 336 as recorded under Clerk’s File | ||
No. 9007438 of the O.P.R.R.P.M.C., and continuing a total distance | ||
of 1,025.45 feet (calculated), to the POINT OF BEGINNING and | ||
northeast corner of the herein described tract, also being the | ||
northwest corner of a loop 336, 0.738 ac acquisition parcel as | ||
recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C.; | ||
THENCE along the westerly line of Loop 336 based on deed | ||
recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C. the | ||
following calls: | ||
South 15 degrees 19 minutes 54 seconds West, 292.67 feet, to a | ||
found TxDOT monument; | ||
Southerly along a curve to the right, through a central angle | ||
of 05 degrees 06 minutes 38 seconds, to the south corner of said | ||
0.738ac acquisition tract, lying in a westerly line of a 1.664 acre | ||
right-o-way acquisition tract as recorded under Clerk’s File No. | ||
8645929 of the O.P.R.R.P.M.C., said curve having a radius of | ||
2,822.83 feet, an arc length of 251.79 feet, and a long chord | ||
bearing and distance of South 20 degrees 31 minutes 48 seconds West, | ||
251.70 feet; | ||
THENCE along the westerly line of Loop 336 based on deed | ||
recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the | ||
following calls: | ||
South 25 degrees 46 minutes 19 seconds West 255.96 feet; | ||
Southwesterly along a curve to the left, through a central | ||
angle of 14 degrees 47 minutes 00 second, to a found 5/8-inch iron | ||
rod for an easterly corner of the herein described tract, said curve | ||
having a radius of 2,964.93 feet, an arc length of 765.01 feet, and | ||
having a long chord bearing and distance of South 24 degrees 41 | ||
minutes 21 seconds West, 762.89 feet; | ||
North 75 degrees 20 minutes 59 seconds West, 10.00 feet, to a | ||
found 5/8-inch iron rod; | ||
Southerly along a curve to the left, through a central angle | ||
of 20 degrees 16 minutes 31 seconds to the southeast corner of said | ||
1.664 acre acquisition tract, said curve having a radius of | ||
2,974.93 feet, an arc length of 1,052.73 feet, and having a long | ||
chord bearing and distance of South 07 degrees 09 minutes 35 seconds | ||
West, 1,047.25 feet; | ||
THENCE South 74 degrees 50 minutes 24 seconds West, 1,330.16 | ||
feet, at 1,058.77 feet, passing a found 5/8-inch iron rod, along the | ||
southerly line of said 131.31 acre tract, to a southwest corner of | ||
the herein described tract; | ||
THENCE North 27 degrees 54 minutes 46 seconds East, 279.89 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 66 degrees 31 minutes 59 seconds East, 465.28 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 41 degrees 46 minutes 54 seconds East, 404.13 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 00 degree 11 minutes 45 seconds West, 293.64 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 34 degrees 26minutes 10 seconds West, 139.65 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 45 degrees 40 minutes 37 seconds West, 317.65 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 78 degrees 31 minutes 11 seconds West, 135.42 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 37 degrees 54 minutes 16 seconds West, 102.05 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 13 degrees 54 minutes 22 seconds East, 113.49 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 60 degrees 27 minutes 57 seconds East, 190.37 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 44 degrees 31 minutes 09 seconds East, 371.18 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 25 degrees 01 minute 17 seconds East, 208.41 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 07 degrees 59 minutes 22 seconds West, 92.95 | ||
feet, to a westerly corner of the herein described tract; | ||
THENCE North 07 degrees 53 minutes 51 seconds East, 272.81 | ||
feet, to a westerly corner of the herein described tract, lying in | ||
said northerly of the 131.41 acre tract and the northerly line of | ||
the Denward James Survey; | ||
THENCE North 74 degrees 17 minutes 00 second East, 1,197.41 | ||
feet, with and adjoining said northerly line of the 131.41 acre | ||
tract, to the POINT OF BEGINNING, and containing 47.92 acres more or | ||
less. Based on an on-the-ground survey conducted on October 20, | ||
2022. | ||
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 | ||
8074, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8074.0306 to read as follows: | ||
Sec. 8074.0306. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2571 passed the Senate on | ||
April 27, 2023, by the following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2571 passed the House on | ||
May 9, 2023, by the following vote: Yeas 107, Nays 35, | ||
two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |