Bill Text: TX HB2031 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the creation of the Cresson Crossroads Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-24 - Comm. report sent to Local & Consent Calendar [HB2031 Detail]
Download: Texas-2017-HB2031-Comm_Sub.html
85R24262 DMS-F | |||
By: Lang | H.B. No. 2031 | ||
Substitute the following for H.B. No. 2031: | |||
By: Cortez | C.S.H.B. No. 2031 |
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relating to the creation of the Cresson Crossroads Municipal | ||
Utility District No. 2; 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 7968 to read as follows: | ||
CHAPTER 7968. CRESSON CROSSROADS MUNICIPAL UTILITY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7968.001. 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 Cresson Crossroads Municipal | ||
Utility District No. 2. | ||
Sec. 7968.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7968.003. 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. 7968.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7968.003 | ||
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. 7968.005. 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. 7968.006. 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. 7968.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7968.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7968.052. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Randy Price; | ||
(2) Cliff May; | ||
(3) Derek Tanner; | ||
(4) Michael Hooser; and | ||
(5) Aaron Grant. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7968.003; 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 7968.003 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 7968.003; 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. 7968.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7968.102. 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. 7968.103. 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. 7968.104. 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. 7968.105. 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. 7968.106. 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. 7968.107. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if: | ||
(1) the district has no outstanding bonded debt; and | ||
(2) the district 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 creating 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 | ||
7968.003 to confirm the creation of the district. | ||
(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 7968.003. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) 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. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7968.004 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7968.151. 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 7968.153. | ||
(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. 7968.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7968.151, 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 | ||
7968.103. | ||
Sec. 7968.153. 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. 7968.201. 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. 7968.202. 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. 7968.203. 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 Cresson Crossroads Municipal Utility | ||
District No. 2 initially includes all the territory contained in | ||
the following area: | ||
Field notes for:(TRACT 1 ) | ||
Part of the NANCY SMITH SURVEY, Abstract No. 512 situated in Hood | ||
County, Texas; embracing a portion of the 744-672/1000 acres tract | ||
described in the deed to Cresson Crossroads LLC, recorded in volume | ||
2225, page 263 of the Real Records of Hood County, Texas and all of | ||
Lots 6, 7, 8, 9, 12, 13, 16, 18,19 and Reserve No. 1 of CRESSON | ||
CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood | ||
County, Texas according to the plat thereof recorded in Slide C-126 | ||
of the Plat Records of Hood County, Texas and a portion of Lot 4-R of | ||
CRESSON CROSSROADS PHASE ONE, an Addition to the City of Cresson, | ||
Hood County, Texas according to the RePlat thereof recorded in | ||
Slide C-276 of the Plat Records, and all of Lot 10R-2 of CRESSON | ||
CROSSROADS PHASE ONE, an Addition to the City of Cresson, Hood | ||
County, Texas according to the plat thereof recorded in Slide C-323 | ||
of the Plat Records and described by metes and bounds as follows: | ||
The bearings and coordinate positions are per the Texas Coordinate | ||
System North Central Zone Nad 83 (1993). | ||
Beginning at a 1/2" iron for the southwest corner of the said | ||
744-672/1000 acres tract, and in the north line of Old Granbury | ||
Road. | ||
Thence northeasterly along the most southerly west line of the said | ||
744-672/1000 acres tract the following: | ||
north 00 degrees-51 minutes-58 seconds east 1884-49/100 | ||
feet; | ||
north 00 degrees-06 minutes-08 seconds east 1700-36/100 feet | ||
to a 6" steel fence corner for a reentrant corner of the said | ||
744-672/1000 acres tract. | ||
Thence southwesterly along the most westerly south line of the said | ||
744-672/1000 acres tract the following: | ||
south 73 degrees-35 minutes-07 seconds west 3997-93/100 feet | ||
to a 5/8" iron, | ||
south 67 degrees-31 minutes-39 seconds west 94-23/100 feet to | ||
a 6" steel fence corner for the most westerly southwest | ||
corner of the said 744-672/1000 acres tract. | ||
Thence north 00 degrees-21 minutes-27 seconds east, along the west | ||
line of said 744-672/1000 acres tract, to and along the west line of | ||
said CRESSON CROSSROADS PHASE ONE, | ||
5527-54/100 feet. | ||
Thence 62 degrees-28 minutes-48 seconds east 885-75/100 feet to the | ||
easterly line of said Lot 4-R, and the westerly line of Hughie Long | ||
Road. | ||
Thence southwesterly and southeasterly, along the easterly line of | ||
said Lot 4-R and the westerly line of said Hughie Long Road, to and | ||
along the easterly line of said 6, 7, 8, and 9, the following: | ||
south 27 degrees-53 minutes-51 seconds west 190-82/100 feet | ||
to the beginning of a curve to the left having a radius of | ||
1030 feet; | ||
along said curve to the left an arc length of 495-08/100 feet | ||
to its end. The long chord of said 495-08/100 feet arc is | ||
south 14 degrees-07 minutes-39 seconds west 490-33/100 feet; | ||
south 00 degrees-21 minutes-27 seconds west 644-28/100 feet | ||
to the beginning of a curve to the left having a radius of 530 | ||
feet; | ||
along said curve to the left an arc length of 479-16/100 feet | ||
to the northeasterly corner of said Lot 9. The long chord of | ||
said 479-16/100 feet arc is south 25 degrees-32 minutes-35 | ||
seconds east 463-01 /100 feet. | ||
Thence south 19 degrees-25 minutes-35 seconds west, along the | ||
easterly line of said Lot 9, a distance of 440-69/100 feet to the | ||
northwest corner of said Lot 10R-2. | ||
Thence south 81 degrees-24 minutes-47 seconds east, along the | ||
northerly line of said Lot 10R-2, a distance of 317-64/100 feet to | ||
the northeasterly corner of said Lot 10R-2, in the west | ||
right-of-way of Cantrell Court. | ||
Thence south 08 degrees-35 minutes-11 seconds west, along the | ||
easterly line of said Lot 10R-2, and the westerly right-of-way of | ||
said Cantrell Court, 269-80/100 feet to the southeast corner of | ||
said Lot 10R-2, and the southwest end of said Cantrell Court, in the | ||
south line of said CRESSON CROSSROADS PHASE ONE. | ||
Thence north 82 degrees-58 minutes-22 seconds east, along the south | ||
line of said said Lot 10R-2, and the southwest end of said Cantrell | ||
Court, in the south line of said CRESSON CROSSROADS PHASE ONE, | ||
517-53/100 feet to the southwest corner of said Lot 12 and the | ||
southeast corner of Lot 11 of said CRESSON CROSSROADS PHASE ONE. | ||
Thence north 07 degrees-01 minute-38 seconds west, along the common | ||
line of said Lots 11 and 12, a distance of 580-80/100 feet to the | ||
northwest corner of said Lot 12, in the south right-of-way of said | ||
Hughie Long Road. | ||
Thence north 82 degrees-58 minutes-22 seconds east, along the north | ||
line of said Lot 12, and the south right-of-way of said Hughie Long | ||
Road, to and along the north line of said Lot 13, and said Reserve | ||
No. 1, a distance of 1146-33/100 feet to the northeast corner of | ||
said Reserve No. 1. | ||
Thence south 07 degrees-01 minute-38 seconds east, along the east | ||
line of said Reserve No. 1, a distance of 580-80/100 feet to the | ||
southeast corner of said Reserve No. 1, in the south line of said | ||
CRESSON CROSSROADS PHASE ONE. | ||
Thence north 82 degrees-58 minutes-22 seconds east, along the south | ||
line of said CRESSON CROSSROADS PHASE ONE, 1009-41/100 feet to the | ||
southeast corner of Lot 15R-2R2 of CRESSON CROSSROADS PHASE ONE, | ||
according to the plat thereof recorded in Slide P-462 of the said | ||
Plat Records, in the west right-of-way of Glascock Drive. | ||
Thence south 23 degrees-54 minutes-25 seconds east, along a | ||
southwesterly line of said CRESSON CROSSROADS PHASE ONE, 83-16/100 | ||
feet to the west line of said Lot 16, and the east right-of-way of | ||
said Glascock Drive. | ||
Thence north 22 degrees-16 minutes-14 seconds east, along the west | ||
line of said Lot 16, and the easterly line of said Glascock Drive, | ||
122-73/100 feet to the northwest corner of said Lot 16, at the | ||
intersection of the easterly line of said Glascock Drive, and the | ||
southerly right-of-way of said Hughie Long Road, in a curve to the | ||
left having a radius of 1030 feet. | ||
Thence southeasterly, along the north line of said Lot 16, and the | ||
south right-of-way of said Hughie Long Road, along said curve to the | ||
left an arc length of 231-22/100 feet to the northeast corner of | ||
said Lot 16, and the northwest corner of Lot 17 of said CRESSON | ||
CROSSROADS PHASE ONE. The long chord of said 231-22/100 feet arc is | ||
south 75 degrees-49 minutes-46 seconds east 230-73/100 feet. | ||
Thence south 00 degrees-13 minutes-12 seconds west, along the | ||
common line of said Lots 16 and 17, a distance of 335-09/100 feet to | ||
the southeast corner of said Lot 16, and the southwest corner of | ||
said Lot 17, in the south line of said CRESSON CROSSROADS PHASE ONE. | ||
Thence southeasterly, along the south line of said Lot 17, and the | ||
south line of said CRESSON CROSSROADS PHASE ONE, the following: | ||
south 89 degrees-46 minutes-48 seconds east 39-87/100 feet; | ||
north 82 degrees-58 minutes-22 seconds east 279-18/100 feet | ||
to the southeast corner of said Lot 17, and the southwest | ||
corner of said Lot 18. | ||
Thence north 07 degrees-01 minute-38 seconds west, along the common | ||
line of said Lots 17 and 18, a distance of 303-42/100 feet to the | ||
northwest corner of said Lot 18, in the southerly right-of-way of | ||
said Hughie Long Road. | ||
Thence northeasterly and southeasterly, along the north line of | ||
said Lot 18, and the southerly right-of-way of said Hughie Long | ||
Road, to and along the north line of said Lot 19, the following: | ||
north 82 degrees-58 minutes-22 seconds east 550-88/100 feet | ||
to the beginning of a curve to the right having a radius of | ||
270 feet; | ||
along said curve to the right an arc length of 164-58/100 feet | ||
to its end. The long chord of said 164-58/100 feet arc is | ||
south 79 degrees-33 minutes-53 seconds east 162-04/100 feet. | ||
south 62 degrees-06 minutes-09 seconds east 5-06/100 feet to | ||
the northeast corner of said Lot 19, at the intersection of | ||
the southerly right-of-way of said Hughie Long Road, and the | ||
westerly right-of-way of Slocum Ranch Road. | ||
Thence southwesterly, along the easterly line of said Lot 19, and | ||
the westerly right-of-way of said Slocum Ranch Road, the following: | ||
south 27 degrees-42 minutes-02 seconds west 30-82/100 feet to | ||
the beginning of a curve to the left having a radius of 2100 | ||
feet; | ||
along said curve to the left an arc length of 264-83/100 feet | ||
to the southeast corner of said Lot 19 and the southwest | ||
corner of said Slocum Ranch Road. The long chord of said | ||
264-83/100 feet arc is south 24 degrees-05 minutes-17 seconds | ||
west 264-65 /100 feet. | ||
Thence south 69 degrees-31 minutes-29 seconds east, along the south | ||
line of said Slocum Ranch Road, 100-00/100 feet to the east line of | ||
Slocum Ranch Road, and the beginning of a curve to the right having | ||
a radius of 2000-00/100 feet. | ||
Thence northeasterly along the said east line of Slocum Ranch Road, | ||
and said curve to the right an arc length of 252-21/100 feet; the | ||
long chord of the said 252-21/100 feet arc is north 24 degrees-05 | ||
minutes-17 seconds east 252-04/100 feet. | ||
Thence north 27 degrees-42 minutes-02 seconds east, along the said | ||
east line of Slocum Ranch Road, 630-29/100 feet to the north line of | ||
the said 744-672/1000 acres tract, and the south line of State | ||
Highway No. 171. | ||
Thence south 62 degrees-07 minutes-00 seconds east, along the said | ||
north line of the 744-672/1000 acres tract, and the said south line | ||
of State Highway No. 171, 2140-45/100 feet to the most northerly | ||
northeast corner of the said 744-672/1000 acres tract. | ||
Thence southerly, then northwesterly, then southerly along the | ||
easterly line of the said 744-672/1000 acres tract the following: | ||
south 30 degrees-48 minutes-16 seconds west 131-94/100 feet; | ||
south 50 degrees-55 minutes-01 second east 175-29/100 feet; | ||
south 35 degrees-08 minutes-10 seconds west 508-28/100 feet; | ||
north 55 degrees-45 minutes-14 seconds west 59-45/100 feet; | ||
south 35 degrees-31 minutes-08 seconds west 207-72/100 feet; | ||
south 53 degrees-39 minutes-22 seconds east 149-78/100 feet; | ||
south 35 degrees-50 minutes-43 seconds west 248-84/100 feet; | ||
south 53 degrees-35 minutes-36 seconds east 412-81/100 feet | ||
to the northeast corner of the 2-245/1000 acres tract | ||
described in the deed to Betty L. Henson Family Partnership, | ||
L.P., recorded in volume 2508, page 712 of the said Real | ||
Records, and the beginning of a curve to the right having a | ||
radius of 224-00/100 feet. | ||
Thence southwesterly along the northwesterly line of the said | ||
2-245/1000 acres tract, and said curve to the right an arc length of | ||
206-71/100 feet; the long chord of the said 206-71/100 feet arc is | ||
south 63 degrees-04 minutes-17 seconds west 199-46/100 feet. | ||
Thence southerly along the said northwesterly line of the | ||
2-245/1000 acres tract, to and along the northwesterly line, and | ||
the southwesterly of Lot 1, Phase 2, CRESSON CROSSROADS, according | ||
to the plat thereof recorded in Slide C-223 of the said Plat Records | ||
the following: | ||
south 89 degrees-30 minutes-30 seconds west 62-17/100 feet; | ||
south 32 degrees-28 minutes-47 seconds west 113-40/100 feet; | ||
south 00 degrees-59 minutes-04 seconds west 372-43/100 feet; | ||
south 35 degrees-28 minutes-40 seconds west 203-06/100 feet | ||
to the northerly corner of said Lot 1; | ||
south 35 degrees-55 minutes-50 seconds west 338-42/100 feet | ||
to the westerly corner of said Lot 1; | ||
south 54 degrees-04 minutes-10 seconds east 260-72/100 feet | ||
to the easterly line of the said 744-672/1000 acres tract, | ||
and southerly corner of said Lot, 1, and in the west line of | ||
U.S. Highway No. 377. | ||
Thence southwesterly along the said easterly line of the | ||
744-672/1000 acres tract, and the said west line of U.S. Highway | ||
No. 377, the following: | ||
south 35 degrees-14 minutes-38 seconds west 501-06/100 feet; | ||
south 35 degrees-00 minutes-14 seconds west 165-65/100 feet; | ||
south 35 degrees-30 minutes-36 seconds west 614-77/100 feet; | ||
south 41 degrees-55 minutes-26 seconds west 403-69/100 feet; | ||
south 34 degrees-08 minutes-17 seconds west 200-11/100 feet; | ||
south 29 degrees-40 minutes-57 seconds west 318-73/100 feet; | ||
south 28 degrees-50 minutes-42 seconds west 172-82/100 feet | ||
south 32 degrees-49 minutes-34 seconds west 508-28/100 feet; | ||
south 60 degrees-56 minutes-28 seconds west 175-64/100 feet | ||
to the most southerly southeast corner of the said | ||
744-672/1000 acres tract in the north line of Old Granbury | ||
Road. | ||
Thence south 89 degrees-25 minutes-07 seconds west, along the south | ||
line of the said 744-672/1000 acres tract, and the said north line | ||
of Old Granbury Road, 953-56/100 feet to the Beginning and | ||
containing 561-055/1000 acres. | ||
Compiled on December 17, 2016 from Real Records, and Plat Records of | ||
Hood County, Texas, and some previous surveys. | ||
Field notes for:(TRACT 2 ) | ||
All of Lot 40 of CRESSON CROSSROADS PHASE ONE, an Addition to the | ||
City of Cresson, Hood County, Texas according to the plat thereof | ||
recorded in Slide C-126 of the Plat Records of Hood County, Texas | ||
and all of Lot 41-R of CRESSON CROSSROADS PHASE ONE, an Addition to | ||
the City of Cresson, Hood County, Texas according to the plat | ||
thereof recorded in Slide C-350 of the said Plat Records, and | ||
described by metes and bounds as follows: | ||
Beginning at the northwesterly corner of said Lot 40 at the | ||
intersection of the southwesterly right-of-way of State Highway | ||
No. 171, and the southeasterly right-of-way of Hughie Long Road. | ||
Thence south 62 degrees-06 minutes-59 seconds east, along the | ||
northeasterly line of said Lot 40, and the southwesterly | ||
right-of-way of said State Highway No. 171, to and along the | ||
northeasterly line of said Lot 41-R, a distance of 422-10/100 feet | ||
to the northeasterly corner of said Lot 41-R. | ||
Thence south 27 degrees-53 minutes-51 seconds west, along the | ||
southeasterly line of said Lot 41-R, a distance of 309-72/100 feet | ||
to the southeasterly corner of said Lot 41-R, in the northeasterly | ||
line of Lot 39 of said CRESSON CROSSROADS PHASE ONE. | ||
Thence north 62 degrees-06 minutes-59 seconds west, along the | ||
southwesterly line of said Lot 41-R, and the northeasterly line of | ||
said lot 39, to and along the southwesterly line of said Lot 40, a | ||
distance of 422-10/100 feet to the southwesterly corner of said Lot | ||
40, in the easterly right-of-way of said Hughie Long Road. | ||
Thence north 27 degrees-53 minutes-51 seconds east, along the | ||
westerly line of said Lot 40, and the easterly right-of-way of said | ||
Hughie Long Road, 309-72/100 feet to the place of beginning and | ||
containing 3-001/1000 acres. | ||
Compiled on December 16, 2016 from Real Records, and Plat Records of | ||
Hood County, Texas, and some previous surveys. | ||
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 | ||
7968, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7968.108 to read as follows: | ||
Sec. 7968.108. 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, 2017. |