Bill Text: TX HB2075 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the creation of the Cresson Municipal Utility District No. 1 of Hood County; 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) 2017-05-11 - Considered in Local & Consent Calendars [HB2075 Detail]
Download: Texas-2017-HB2075-Introduced.html
85R7889 GRM-F | ||
By: Lang | H.B. No. 2075 |
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relating to the creation of the Cresson Municipal Utility District | ||
No. 1 of Hood County; 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 7975 to read as follows: | ||
CHAPTER 7975. CRESSON MUNICIPAL UTILITY DISTRICT NO. 1 OF HOOD | ||
COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7975.001. 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 Municipal Utility | ||
District No. 1 of Hood County. | ||
Sec. 7975.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7975.003. 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. 7975.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7975.003 | ||
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. 7975.005. 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. 7975.006. 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. 7975.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7975.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7975.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2017, 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 7975.003; or | ||
(2) September 1, 2021. | ||
(c) If permanent directors have not been elected under | ||
Section 7975.003 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 7975.003; 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. 7975.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7975.102. 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. 7975.103. 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. 7975.104. 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. 7975.105. 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. 7975.106. FIREFIGHTING SERVICES. Notwithstanding | ||
Section 49.351(a), Water Code, the district may, as authorized by | ||
Section 59(f), Article XVI, Texas Constitution, and Section 49.351, | ||
Water Code: | ||
(1) establish, operate, and maintain a fire | ||
department; | ||
(2) contract with another political subdivision for | ||
the joint operation of a fire department; or | ||
(3) contract with any other person to perform | ||
firefighting services in the district and may issue bonds and | ||
impose taxes to pay for the department and the activities. | ||
Sec. 7975.107. FEES AND CHARGES. (a) The district may | ||
adopt and enforce all necessary charges, mandatory fees, or | ||
rentals, in addition to taxes, for providing or making available | ||
any district facility or service, including firefighting | ||
activities provided under Section 7975.106. | ||
(b) To enforce payment of an unpaid fee or charge due to the | ||
district, on the request of the district, a retail public utility, | ||
as defined by Section 13.002, Water Code, providing water or sewer | ||
service to a customer in the district shall terminate the service. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7975.151. 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 7975.153. | ||
(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. 7975.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7975.151, 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. | ||
Sec. 7975.153. 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. 7975.201. 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. 7975.202. 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. 7975.203. 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 Municipal Utility District No. 1 of | ||
Hood County initially includes all the territory contained in the | ||
following area: | ||
TRACT ONE | ||
OF A 227.753 ACRES MUNICIPAL UTILITY DISTRICT OUT OF THE J.M. | ||
HAYES SURVEY, ABSTRACT NO. 262, AND THE J.W. RANDLE SURVEY, | ||
ABSTRACT NO. 483, HOOD COUNTY, TEXAS; BEING LOTS 1-16, ROADWAY "A" & | ||
ROADWAY "B", AS SHOWN ON THE PLAT OF CRESSON ONE NORTH, AN ADDITION | ||
TO THE CITY OF CRESSON, AS RECORDED IN SLIDE P-399, PLAT RECORDS, | ||
HOOD COUNTY, TEXAS; AND BEING FURTHER DESCRIBED BY METES AND BOUNDS | ||
AS FOLLOWS: | ||
BEGINNING AT A POINT AT THE NORTHWEST CORNER OF SAID CRESSON | ||
ONE NORTH, BEING THE INTERSECTION OF THE CENTERLINE OF A CREEK AND | ||
THE SOUTH LINE OF HOOD COUNTY ROAD NO. 413 (OLD GRANBURY ROAD), FOR | ||
THE NORTHWEST AND BEGINNING CORNER OF THIS TRACT. | ||
THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF | ||
SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS: | ||
N 75° 41' 58" E FOR A DISTANCE OF 182.69 FEET TO A TREE, FOR A | ||
CORNER OF THIS TRACT. | ||
N 32° 15' 42" E FOR A DISTANCE OF 156.73 FEET TO A 3" POST, FOR | ||
A CORNER OF THIS TRACT. | ||
N 16° 42' 16" E FOR A DISTANCE OF 492.23 FEET TO A FOUND 5/8" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
THENCE S 73° 46' 39" E FOR A DISTANCE OF 1077.54 FEET LEAVING | ||
SAID SOUTH RIGHT OF WAY LINE OF SAID HOOD COUNTY ROAD NO. 413 TO A | ||
FOUND 5/8" IRON ROD, FOR A CORNER OF THIS TRACT. | ||
THENCE N 18° 12' 48" E FOR A DISTANCE OF 2103.25 FEET TO A | ||
FOUND SPINDLE, FOR A CORNER OF THIS TRACT. | ||
THENCE N 59° 18' 25" W FOR A DISTANCE OF 1168.46 FEET TO A | ||
FOUND 5/8" IRON ROD IN THE SAID SOUTH RIGHT OF WAY LINE OF SAID HOOD | ||
COUNTY ROAD NO. 413, FOR A CORNER OF THIS TRACT. | ||
THENCE CONTINUING NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY | ||
LINE OF SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS: | ||
N 55° 42' 25" E FOR A DISTANCE OF 181.62 FEET TO A 6" POST, FOR | ||
A CORNER OF THIS TRACT. | ||
N 63° 53' 22" E FOR A DISTANCE OF 2234.22 FEET TO A 3" POST, FOR | ||
A CORNER OF THIS TRACT. | ||
N 65° 29' 01" E FOR A DISTANCE OF 12.25 FEET TO A 6" POST, FOR A | ||
CORNER OF THIS TRACT. | ||
N 66° 44' 21" E FOR A DISTANCE OF 126.35 FEET TO A 6" POST, FOR | ||
A CORNER OF THIS TRACT. | ||
N 74° 20' 27" E FOR A DISTANCE OF 159.94 FEET TO A 6" POST, FOR | ||
A CORNER OF THIS TRACT. | ||
N 88° 57' 10" E FOR A DISTANCE OF 334.39 FEET TO A 12" POST, FOR | ||
A CORNER OF THIS TRACT. | ||
N 89° 55' 33" E FOR A DISTANCE OF 1522.72 FEET TO A FOUND | ||
CONCRETE MONUMENT, FOR A THE MOST NORTHERN NORTHEAST CORNER OF THIS | ||
TRACT. | ||
THENCE S 28° 56' 40" E FOR A DISTANCE OF 94.47 FEET TO A 6" POST | ||
IN THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 377, FOR A CORNER | ||
OF THIS TRACT. | ||
THENCE SOUTHWESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF | ||
SAID HIGHWAY NO. 377 THE FOLLOWING: | ||
S 32° 16' 40" W FOR A DISTANCE OF 310.56 FEET TO A FOUND | ||
CONCRETE MONUMENT, FOR A CORNER OF THIS TRACT. | ||
S 42° 48' 40" W FOR A DISTANCE OF 304.87 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 20° 19' 22" W FOR A DISTANCE OF 307.00 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 32° 27' 18" W FOR A DISTANCE OF 300.24 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 41° 52' 20" W FOR A DISTANCE OF 304.24 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 32° 24' 53" W FOR A DISTANCE OF 299.82 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 23° 00' 21" W FOR A DISTANCE OF 304.46 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 32° 27' 05" W FOR A DISTANCE OF 639.42 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 37° 58' 53" W FOR A DISTANCE OF 532.79 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 52° 59' 53" W FOR A DISTANCE OF 535.83 FEET TO A FOUND | ||
CONCRETE MONUMENT, FOR A CORNER OF THIS TRACT. | ||
S 54° 51' 37" W FOR A DISTANCE OF 439.73 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 54° 03' 13" W FOR A DISTANCE OF 700.49 FEET TO A FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 51° 22' 36" W FOR A DISTANCE OF 400.55 FEET TO A 6" POST, FOR | ||
A CORNER OF THIS TRACT. | ||
S 54° 48' 11" W FOR A DISTANCE OF 699.61 FEET TO FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
S 62° 01' 53" W FOR A DISTANCE OF 201.59 FEET TO FOUND 1/2" | ||
IRON ROD, FOR A CORNER OF THIS TRACT. | ||
THENCE S 54° 57' 58" W FOR A DISTANCE 166.87 FEET TO A POINT AT | ||
THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY NO. | ||
377 AND THE CENTERLINE OF A CREEK, FOR THE MOST SOUTHERLY SOUTHWEST | ||
CORNER OF THIS TRACT. | ||
THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID CREEK THE | ||
FOLLOWING: | ||
N 48° 49' 19" W FOR A DISTANCE OF 111.00 FEET TO A POINT; | ||
N 71° 19' 49" W FOR A DISTANCE OF 119.11 FEET TO A POINT: | ||
N 32° 48' 10" W FOR A DISTANCE OF 139.13 FEET TO A POINT: | ||
N 78° 36' 00" W FOR A DISTANCE OF 363.79 FEET TO A POINT: | ||
N 31° 39' 32" W FOR A DISTANCE OF 123.17 FEET TO A POINT: | ||
N 76° 01' 11" W FOR A DISTANCE OF 145.14 FEET TO A POINT: | ||
S 64° 02' 12" W FOR A DISTANCE OF 208.15 FEET TO A POINT: | ||
N 48° 58' 10" W FOR A DISTANCE OF 40.02 FEET TO A POINT: | ||
N 11° 16' 01" W FOR A DISTANCE OF 153.56 FEET TO THE POINT OF | ||
BEGINNING. | ||
TRACT TWO | ||
OF A 127.210 ACRES MUNICIPAL UTILITY DISTRICT OUT OF THE JOHN | ||
HOWARD SURVEY, ABSTRACT NO. 716 AND THE J.W. RANDLE SURVEY, | ||
ABSTRACT NO. 483, HOOD COUNTY, TEXAS; BEING LOT 1, LOT 2, LOTS 5-17, | ||
LOTS 19-24, RESERVE "A", RESERVE "B", RIDGELINE ROAD, RIDGELINE | ||
COURT, CRESSON VIEW ROAD & SPRING VALLEY ROAD, AS SHOWN ON THE PLAT | ||
OF CRESSON ONE SOUTH, AN ADDITION TO THE CITY OF CRESSON, AS | ||
RECORDED IN SLIDE P-398, PLAT RECORDS, HOOD COUNTY, TEXAS; AND | ||
BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING AT A FOUND 1/2" IRON ROD IN THE SOUTH RIGHT OF WAY | ||
LINE OF HOOD COUNTY ROAD NO. 413 (PAVED SURFACE) AT THE MOST | ||
WESTERLY CORNER OF SAID CRESSON ONE SOUTH, SAME BEING IN THE WEST | ||
BOUNDARY LINE OF SAID JOHN HOWARD SURVEY, ABSTRACT NO. 716, AND IN | ||
THE EAST BOUNDARY LINE OF THE N.H. HOOE SURVEY, ABSTRACT NO. 281, | ||
HOOD COUNTY, TEXAS, FOR THE NORTHWEST AND BEGINNING CORNER OF THIS | ||
TRACT. | ||
THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF | ||
SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS: | ||
NORTH 32°55'38" EAST 125.85 FEET TO A SET SPIKE, FOR A CORNER | ||
OF THIS TRACT. | ||
NORTH 26°02'32" EAST 170.33 FEET TO A SET SPIKE, FOR A CORNER | ||
OF THIS TRACT. | ||
NORTH 15°39'22" EAST 254.86 FEET TO A SET SPIKE, FOR A CORNER | ||
OF THIS TRACT. | ||
NORTH 11°52'03" EAST 334.65 FEET TO A SET SPIKE, FOR A CORNER | ||
OF THIS TRACT. | ||
NORTH 26°59'37" EAST 110.01 FEET TO A SET SPIKE, FOR A CORNER | ||
OF THIS TRACT. | ||
NORTH 48°54'48" EAST 106.43 FEET TO A SET SPIKE, FOR A CORNER | ||
OF THIS TRACT. | ||
NORTH 63°55'17" EAST 1383.60 FEET TO A SET SPIKE, FOR A CORNER | ||
OF THIS TRACT. | ||
THENCE SOUTH 04°25'25" WEST 498.78 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE SOUTH 60°54'30" WEST 456.68 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE SOUTH 42°23'43" WEST 389.34 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE SOUTH 26°04'43" EAST 140.00 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE SOUTH 45°28'04" EAST 605.64 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE NORTH 44°31'56" EAST 836.05 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE NORTH 45°28'04" WEST 289.49 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE NORTH 41°04'55" EAST 73.24 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE NORTH 32°49'57" EAST 348.82 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE NORTH 29°59'47" EAST 83.89 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE NORTH 58°10'30" EAST 565.94 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE SOUTH 44°34'42" EAST 482.42 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE NORTHEASTERLY AROUND THE ARC OF A CURVE TO THE RIGHT, | ||
WITH A RADIUS OF 3530.54 FEET, A CHORD OF NORTH 49°04'11" EAST 492.47 | ||
FEET, AND AN ARC LENGTH OF 492.87 FEET TO A SET 1/2" IRON ROD, FOR A | ||
CORNER OF THIS TRACT. | ||
THENCE NORTH 53°04'09" EAST 20.32 FEET TO A SET 1/2" IRON ROD | ||
FOR A CORNER OF THIS TRACT. | ||
THENCE NORTH 36°55'51" WEST 319.11 TO A SET 1/2" IRON ROD AT | ||
THE P.C. OF A CURVE FOR A CORNER OF THIS TRACT. | ||
THENCE NORTHWESTERLY AROUND THE ARC OF A CURVE TO THE RIGHT, | ||
WITH A RADIUS OF 531.19 FEET, A CHORD OF NORTH 17°47'21" WEST 348.36 | ||
FEET, AND AN ARC LENGTH OF 354.93 FEET TO A SET 1/2" IRON ROD IN THE | ||
SOUTH RIGHT OF WAY OF SAID HOOD COUNTY ROAD NO. 413 FOR A CORNER OF | ||
THIS TRACT. | ||
THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY OF SAID | ||
HOOD COUNTY ROAD NO. 413 AS FOLLOWS: | ||
NORTH 82°21'44" EAST 400.00 FEET TO A SET 1/2" IRON ROD FOR A | ||
CORNER OF THIS TRACT. | ||
NORTH 76°03'03" EAST 108.55 FEET TO A SET 1/2" IRON ROD FOR THE | ||
NORTHEAST CORNER OF THIS TRACT. | ||
THENCE SOUTHEASTERLY ALONG THE APPROXIMATE CENTERLINE OF A | ||
CREEK AS FOLLOWS: | ||
SOUTH 11°16'01" EAST 153.56 FEET TO A POINT FOR A CORNER OF | ||
THIS TRACT. | ||
SOUTH 48°58'10" EAST 16.38 FEET TO A POINT, AT THE NORTHEAST | ||
CORNER OF LOT 18, CRESSON ONE SOUTH, FOR A CORNER OF THIS TRACT. | ||
THENCE SOUTH 53°04'09" WEST 439.93 FEET TO A SET 1/2" IRON ROD | ||
WITH PLASTIC CAP STAMPED "CARTER" IN THE EAST LINE OF SAID RESERVE | ||
"B", AT THE NORTHWEST CORNER OF SAID LOT 18, FOR A CORNER OF THIS | ||
TRACT. | ||
THENCE ALONG THE WEST LINE OF SAID LOT 18 AS FOLLOWS: | ||
SOUTH 36°55'52" EAST 464.90 FEET TO A SET 1/2" IRON ROD WITH | ||
PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT. | ||
SOUTHEASTERLY ALONG THE ARC OF THE CUL-DE-SAC OF SAID SPRING | ||
VALLEY ROAD TO THE RIGHT, SAID CUL-DE-SAC HAVING A RADIUS OF 60.00 | ||
FEET, AN ARC LENGTH OF 125.66 FEET, AND WHOSE CHORD BEARS SOUTH | ||
36°55'52" EAST 103.92 FEET, A SET 1/2" IRON ROD WITH PLASTIC CAP | ||
STAMPED "CARTER", FOR A CORNER OF THIS TRACT. | ||
SOUTH 36°55'52" EAST 93.76 FEET A SET 1/2" IRON ROD WITH | ||
PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT. | ||
SOUTHEASTERLY ALONG THE ARC OF CURVE TO THE RIGHT, SAID CURVE | ||
HAVING A RADIUS OF 230.00 FEET, AN ARC LENGTH OF 17.33 FEET, AND | ||
WHOSE CHORD BEARS SOUTH 34°46'23" EAST 17.32 FEET A SET 1/2" IRON ROD | ||
WITH PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT. | ||
SOUTH 32°36'54" EAST 185.50 FEET A SET 1/2" IRON ROD WITH | ||
PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT. | ||
SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE | ||
HAVING A RADIUS OF 170.00 FEET, AN ARC LENGTH OF 12.81 FEET, AND | ||
WHOSE CHORD BEARS SOUTH 34°46'23" EAST 12.80 FEET A SET 1/2" IRON ROD | ||
WITH PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT. | ||
SOUTH 36°55'52" EAST 38.92 FEET TO A SET 1/2" IRON ROD WITH | ||
PLASTIC CAP STAMPED "CARTER", AT THE INTERSECTION OF THE EAST LINE | ||
OF SAID SPRING VALLEY ROAD WITH THE NORTH RIGHT OF WAY LINE OF | ||
HIGHWAY NO. 377 (VARIABLE WIDTH RIGHT OF WAY), FOR THE SOUTHEAST | ||
CORNER OF THIS TRACT. | ||
THENCE SOUTHWESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF | ||
SAID HIGHWAY NO. 377 AS FOLLOWS: | ||
SOUTH 53°04'09" WEST 44.90 FEET TO A 6" STEEL FENCE CORNER | ||
POST; | ||
SOUTH 48°48'08" WEST 542.15 FEET TO A 6" STEEL FENCE CORNER | ||
POST; | ||
SOUTH 45°59'59" WEST 413.26 FEET TO A 6" STEEL FENCE CORNER | ||
POST; | ||
SOUTH 53°26'47" WEST 301.86 FEET TO A 6" STEEL FENCE CORNER | ||
POST; | ||
SOUTH 42°08'10" WEST 199.45 FEET TO A FOUND CONCRETE MONUMENT; | ||
SOUTH 33°27'28" WEST 320.96 FEET TO A 6" STEEL FENCE CORNER POST; | ||
SOUTH 34°45'16" WEST 184.92 FEET TO A SET 1/2" IRON ROD FOR A CORNER | ||
OF THIS TRACT. | ||
SOUTH 42°11'21" WEST 499.46 FEET TO A SET 1/2" IRON ROD FOR A | ||
CORNER OF THIS TRACT. | ||
SOUTH 51°45'10" WEST 203.21 FEET TO A FOUND CONCRETE MONUMENT; | ||
SOUTH 41°58'37" WEST 269.46 FEET TO A FOUND CONCRETE MONUMENT; | ||
SOUTH 25°37'04" WEST 130.55 FEET TO A FOUND CONCRETE MONUMENT; | ||
SOUTH 47°39'24" WEST 286.27 FEET TO A FOUND CONCRETE MONUMENT; | ||
SOUTH 54°36'41" WEST 275.27 FEET A SET 1/2" IRON ROD WITH | ||
PLASTIC CAP STAMPED "CARTER", AT THE SOUTHEAST CORNER OF LOT 3, | ||
CRESSON ONE SOUTH, FOR THE SOUTHWEST CORNER OF THIS TRACT. | ||
THENCE NORTH 04°22'51" WEST 386.81 FEET A SET 1/2" IRON ROD | ||
WITH PLASTIC CAP STAMPED "CARTER" AT THE NORTHEAST CORNER OF SAID | ||
LOT 3, FOR A CORNER OF THIS TRACT. | ||
THENCE ALONG THE ARC OF THE CUL-DE-SAC OF SAID RIDGELINE | ||
COURT TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, AN ARC LENGTH OF | ||
314.16 FEET, AND WHOSE CHORD BEARS NORTH 08°29'51" WEST 60.00 FEET A | ||
SET 1/2" IRON ROD WITH PLASTIC CAP STAMPED "CARTER", AT THE | ||
SOUTHEAST CORNER OF LOT 4, CRESSON ONE SOUTH, FOR A CORNER OF THIS | ||
TRACT. | ||
THENCE ALONG THE EAST & NORTH LINES OF SAID LOT 4 AS FOLLOWS: | ||
NORTH 09°06'22" WEST 303.24 FEET TO A POINT; | ||
NORTH 38°16'02" WEST 27.52 FEET TO A POINT; | ||
NORTH 71°12'24" WEST 54.54 FEET TO A POINT; | ||
SOUTH 80°49'06" WEST 94.24 FEET TO A POINT; | ||
SOUTH 53°38'42" WEST 47.58 FEET TO A POINT; | ||
SOUTH 24°58'13" WEST 93.12 FEET TO A POINT; | ||
SOUTH 02°42'43" WEST 163.32 FEET TO A POINT; | ||
SOUTH 59°23'04" WEST 201.82 FEET A SET 1/2" IRON ROD WITH | ||
PLASTIC CAP STAMPED "CARTER" AT THE NORTHWEST CORNER OF SAID LOT 4, | ||
FOR THE SOUTHWEST CORNER OF THIS TRACT. | ||
THENCE NORTH 30°36'56" WEST 1319.90 FEET TO THE POINT OF | ||
BEGINNING. [10.16 ACRES WITHIN ROADWAY & RESERVES] | ||
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 | ||
7975, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7975.108 to read as follows: | ||
Sec. 7975.108. 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 September 1, 2017. |