Bill Text: TX HB2182 | 2011-2012 | 82nd Legislature | Introduced

---

Bill Title: Relating to the Ranch at Clear Fork Creek Municipal Utility District No. 2; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-04-26 - Laid on the table subject to call [HB2182 Detail]

Download: Texas-2011-HB2182-Introduced.html

---

82R7784 RWG-D
By: Isaac H.B. No. 2182

A BILL TO BE ENTITLED
relating to the Ranch at Clear Fork Creek Municipal Utility
District No. 2; providing authority to impose a tax and issue bonds;
granting a limited power of eminent domain.
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 8344 to read as follows:
CHAPTER 8344. RANCH AT CLEAR FORK CREEK MUNICIPAL UTILITY DISTRICT
NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8344.001. 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 Ranch at Clear Fork Creek
Municipal Utility District No. 2.
Sec. 8344.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8344.003. 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. 8344.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8344.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the territory added by Section
8344.005 is located has consented by ordinance or resolution to the
inclusion of land in the district.
Sec. 8344.005. TERRITORY ADDED. (a) The territory
described by Section 2 of the Act enacting this chapter is added to
the district's territory as of the effective date of this section.
(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.
[Sections 8344.006-8344.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8344.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8344.052, directors serve
staggered four-year terms.
Sec. 8344.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Erik Jasinski;
(2) Eric Blakely;
(3) Jonathan Parker;
(4) Meredith Powell; and
(5) Rick Dolifka.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8344.003; 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 8344.003 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 8344.003; 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.
[Sections 8344.053-8344.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8344.101. 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. 8344.102. 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,
including bridges, storm drainage, and other improvements or
appurtenances in aid of those roads.
Sec. 8344.103. 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 a municipality or county will maintain and operate
the road, the municipality or county must approve the plans and
specifications of the road project.
(d) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8344.104. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8344.102; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8344.105-8344.150 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8344.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes or assessments.
Sec. 8344.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district, including the power to divide in accordance with this
section.
Sec. 8344.153. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the
combined area of:
(1) the territory of the district at the time the
district was initially created; and
(2) the area added by Section 8344.005.
Sec. 8344.154. DIVISION PROCEDURES. (a) 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 according to the most recent appraisal roll for each
county in which the district is located, may adopt an order dividing
the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8344.003 to confirm the district's creation.
(c) An order dividing the district:
(1) must:
(A) name each new district;
(B) include the metes and bounds description of
the territory of each new district;
(C) appoint temporary directors for each new
district; and
(D) provide for the division of assets and
liabilities between or among the new districts; and
(2) is subject to a confirmation election in each new
district.
(d) 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.
Sec. 8344.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
A new district created by the division of the district shall hold a
confirmation and directors' election as required by Section
8344.003.
(b) The results of that election must be filed as required
by Sections 49.102(e) and (f), Water Code.
(c) The division of the district is not effective unless the
voters of each proposed new district vote to confirm the creation of
their new district.
Sec. 8344.156. MUNICIPAL CONSENT. Municipal consent to the
creation of the district and to the inclusion of land in the
district granted under Section 8344.004 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.
Sec. 8344.157. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes, the
new district must hold an election as required by Chapters 49 and
54, Water Code, and this chapter to obtain voter approval.
[Sections 8344.158-8344.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8344.201. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8344.251.
[Sections 8344.202-8344.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8344.251. BONDS FOR ROAD PROJECTS. (a) 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.
(b) 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 Ranch at Clear Fork Creek Municipal Utility
District No. 2 includes all the territory contained in the
following area in addition to the district's territory immediately
before the effective date of this Act:
109.21 ACRE TRACT
DESCRIBING A 109.21 ACRE TRACT OF LAND BEING A PART OF THE AUGUST
REUSS SURVEY, ABSTRACT 398, HAYS COUNTY, TEXAS, SAME BEING A
PORTION OF THAT CERTAIN 116.93 ACRE TRACT OF LAND DESCRIBED IN A
SPECIAL WARRANTY DEED TO WALTON TEXAS, LP, EXECUTED ON JULY 15, 2010
AND RECORDED IN VOLUME 3937 PAGE 662 OF THE OFFICIAL PUBLIC RECORDS
OF SAID COUNTY SAID 109.21 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod with cap stamped RPLS 1753 found at the
south corner of said 116.93 acre tract, same being at the east
corner of that certain 92.67 acre tract of land described in a deed
to Walter Seeliger as recorded in Volume 131 Page 131 of the
Official Public Records of said County and in the northwest line of
State Highway No. 21 (100' R.O.W.);
THENCE, with the southwest line of said 116.93 acre tract, same
being with the northeast line of said Seeliger tract, N47°11'59"W,
3148.30 feet to an iron rod with cap stamped RPLS 1753 found at the
west corner of said 116.93 acre tract, same being at the north
corner of said Seeliger tract and in the southeast line of that
certain 125 acre tract of land described in a deed to The B. R. and
Mollie Wranitzky Trust as recorded in Volume 1011 Page 48 of the
Official Public Records of said County;
THENCE, with the northwest line of said 116.93 acre tract, same
being the southeast line of said 125 acre tract, N42°42'46"E,
1509.43 feet to an iron rod found at the north corner of said 116.93
acre tract, same being at the west corner of that certain 88.265
acre tract of land described in a deed to Adora Investments, LLC as
recorded in Volume 3749 Page 476 of the Official Public Records of
said County;
THENCE, with the northeast line of said 116.93 acre tract, same
being the southwest line of said 88.265 acre tract, S47°12'03"E,
3252.62 feet to a point from which an iron rod with cap stamped UDG
#2433 found at the east corner of said 116.93 acre tract, same being
at the south corner of said 88.265 acre tract and in the said line of
State Highway No. 21 bears S47°12'03"E, 302.94 feet;
THENCE, through the interior of said 116.93 acre tract and with the
City of Uhland, Texas City Limit Line, the following three courses:
1) Along a curve to the right having a radius of 4233.66 feet, an
arc length of 684.87 feet, a central angle of 9°16'07" and a chord
which bears S55°41'22"W, 684.11 feet to a point;
2) S60°10'58"W, 391.11 feet to a point;
3) S29°49'02"E, 300.00 feet to a point in the southeast line of
said 116.93 acre tract, same being in the said right-of-way of State
Highway No. 21;
THENCE, with the common line of said 116.93 acre tract and said
Highway, S60°10'58"W, 397.91 feet to the POINT OF BEGINNING and
containing 109.21 acres of land.
158.31 ACRE TRACT
DESCRIBING A 158.31 ACRE TRACT OF LAND BEING A PART OF THE THOMAS
YATES SURVEY, ABSTRACT 313, CALDWELL COUNTY, TEXAS, SAID TRACT OF
LAND ALSO BEING ALL OF OR A PORTION OF THE FOLLOWING TWO TRACTS OF
LAND:
1) ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 100.02 ACRES IN A
SPECIAL WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON MARCH 11, 2010
AND RECORDED IN VOLUME 597 PAGE 41 OF THE OFFICIAL PUBLIC RECORDS OF
SAID COUNTY;
2) ALL OF THAT CERTAIN TRACT OF LAND DESCRIBED AS 58.29 ACRES IN A
SPECIAL WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON NOVEMBER 10,
2010 AND RECORDED IN VOLUME 634 PAGE 608 OF THE OFFICIAL PUBLIC
RECORDS OF SAID COUNTY;
SAID 158.31 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING, at an iron rod found at the northeast corner of said
100.02 acre tract in the west right-of-way line of F.M. 2720 (80'
R.O.W.), same being at the southeast corner of that certain 405.35
acre tract of land described in a deed to Walton Texas, LP as
recorded in Volume 579 Page 211 of the Official Public Records of
said County, for the POINT OF BEGINNING of the herein described
158.31 acre tract of land (Grid coordinates: N:9,951,631.99
E:3,102,510.82);
THENCE, with the east line of said 100.02 acre tract, same being the
west line of said F.M. 2720, S42°12'20"E, at 529.17 feet passing a
Texas Department of Transportation Type I concrete monument,
continuing for a total distance of 2306.77 feet to a nail found at
the southeast corner of said 100.02 acre tract, same being at a
northeast corner of that certain called 8.692 acre tract of land
described in a deed to Thomas E. Black, Jr. as recorded in Volume
391 Page 459 of the Official Public Records of said County;
THENCE, with the south line of said 100.02 acre tract, same being
the north line of said Black tract, S48°06'09"W, 1225.23 feet to a
nail found at the southern most southwest corner of said 100.02 acre
tract, same being at the northwest corner of said Black tract and in
the east line of that certain called 91.2638 acre tract of land
described in a deed to Cleo L. Krieg as recorded in Volume 149 Page
219 of the Official Public Records of said County;
THENCE, with the southern most west line of said 100.02 acre tract,
same being the east line of said Krieg tract, N42°45'47"W, 1078.02
feet to an iron rod with cap stamped "UDG #2433" set at an interior
corner of said 100.02 acre tract, same being the northeast corner of
said Krieg tract;
THENCE, with the northern most south line of said 100.02 acre tract,
same being the north line of said Krieg tract, S47°17'01"W, 1241.49
feet to an iron rod with cap stamped "UDG #2433" set at the northern
most southwest corner of said 100.02 acre tract, same being at the
northwest corner of said Krieg tract and in the northeast line of
said 58.29 acre tract;
THENCE, with the northeast line of said 58.29 acre tract, same being
the southwest line of said Krieg tract, S42°35'18"E, 2350.90 feet to
an iron rod found at the northern most east corner of said 58.29
acre tract, same being at the north corner of that certain 2.070
acre tract of land described in a deed to Elida Nava as recorded in
Volume 561 Page 847 of the Official Public Records of said County;
THENCE, with the common lines of said 58.29 acre tract and said Nava
tract, the following five courses:
1. S47°39'27"W, 180.82 feet to an iron rod found;
2. S40°36'42"E, 301.60 feet to an iron rod found;
3. N79°44'05"E, 88.78 feet to an iron rod found;
4. N72°18'20"E 62.04 feet to an iron rod with plastic cap stamped
UDG #2433 set;
5. S42°34'06"E, 409.85 feet to an iron rod found at the southern
most east corner of said 58.29 acre tract, same being at the south
corner of said 2.070 tract, same being in the northwest line of
County Road 228 (Farmers Road, R.O.W. varies);
THENCE, with the southeast line of said 58.29 acre tract, same being
the northwest line of said County Road 228, S47°40'42"W, 532.18 feet
to an iron rod with plastic cap stamped UDG #2433 set at the eastern
most south corner of said 58.29 acre tract, same being at the east
corner of that certain 60.350 acre tract of land described in a deed
to Florence M. Holz Vickery as recorded in said Partition Deed
recorded in Volume 88 Page 318 of the Official Public Records of
said County;
THENCE, with the common lines of said 58.29 acre tract and said
60.350 acre tract, the following three courses:
1. N42°19'00"W, 135.90 feet to an iron rod with plastic cap stamped
UDG #2433 set;
2. S47°44'51"W, 116.26 feet to an iron rod with plastic cap stamped
UDG #2433 set;
3. N42°34'31"W, 3602.41 feet to an iron rod found at the west
corner of this tract, same being at the west corner of said 58.29
acre tract and the north corner of said 60.350 acre tract, said iron
rod also being in the southeast line of said 405.35 acre tract;
THENCE, with the northwest line of said 58.29 acre tract, same being
the southeast line of said 405.35 acre tract, N47°39'14"E, 707.05
feet to an iron rod found at the north corner of said 58.29 acre
tract, same being the southern most east corner of said 405.35 acre
tract, same also being in the southwest line of said 100.02 acre
tract;
THENCE, with a southwest line of said 100.02 acre tract, same being
a northeast line of said 405.35 acre tract, N42°19'47"W, 619.99 feet
to an iron rod found at the northwest corner of said 100.02 acre
tract, same being an interior corner of said 405.35 acre tract;
THENCE, with the north line of said 100.02 acre tract, same being
with a south line of 405.35 acre tract, N47°34'05"E, a distance of
2482.54 feet to the POINT OF BEGINNING and containing 158.31 acres
of land.
87.47 ACRE TRACT
DESCRIBING 87.47 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES
SURVEY A-123, CALDWELL COUNTY, TEXAS, SAME BEING A PORTION OF THAT
312.48 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO WALTON
TEXAS, LP EXECUTED ON MAY 5, 2009 AND RECORDED IN VOLUME 568 PAGE
119 OF THE OFFICIAL PUBLIC RECORDS OF SAID COUNTY, SAID 87.47 ACRES
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at an axle found at the east corner of said 312.48 acre
tract, same being the north corner of that 152.071 acre tract
described in a deed to Bryant L Hohertz and wife, Veleria G. Hohertz
as recorded in Volume 459 Page 639 of the Deed Records of said
County and in the southwest line of the Old Kyle Lockhart Road
(R.O.W. varies), from which an iron rod found at the east corner of
said 152.071 acre tract, same being a north corner of that 464.77
acre tract described in a deed to Elizabeth Blanks Hindman as
recorded in Volume 495 Page 373 of the Deed Records of said County
bears S41°18'41"E, 19.83 feet;
THENCE, with the southeast line of said 312.48 acre tract,
S47°54'11"W, 1897.48 feet to a point;
THENCE, through the interior of said 312.48 acre tract, N42°00'00"W,
2018.19 feet to a point in the northern most northwest line of said
312.48 acre tract, same being in the southeast line of the remaining
portion of a 331.6 acre tract described in Volume 192 Page 649 of
the Official Public Records of said County;
THENCE, with said northwest line of 312.48 acre tract, N47°53'56"E,
1890.25 feet to an iron rod with cap (stamped "Hinkle") found at the
east corner of said remaining portion, same being in the southwest
line of F. M. 2720 (R.O.W. varies) from which said iron rod with cap
found at the north corner of said remaining portion bears
N33°43'35"W, 391.68 feet;
THENCE, with the southwest line of said F. M. 2720, the following
three courses:
1) Along a curve to the left having a radius of 2904.81 feet, an
arc length of 199.21 feet, a central angle of 3°55'46" and a chord
which bears S40°36'09"E, 199.18 feet to a concrete monument found;
2) S41°19'53"E, 703.74 feet to an iron rod found;
3) Along a curve to the left having a radius of 1185.96 feet, an
arc length of 191.25 feet, a central angle of 9°14'22" and a chord
which bears S46°12'56"E, 191.04 feet to an iron rod found at the
intersection of said F. M. 2720 with the northeast line of said
331.6 acre tract and the southwest line of the said Old Kyle
Lockhart Road;
THENCE, with the northeast line of said 312.48 acre tract, same
being the southwest line of said Old Kyle Lockhart Road,
S42°23'15"E, 925.01 feet to the POINT OF BEGINNING and containing
87.47 acres of land.
642.57 ACRE TRACT
DESCRIBING 642.57 ACRES OF LAND BEING A PORTION OF THE ELBERT HINES
SURVEY, ABSTRACT 123, CALDWELL COUNTY, TEXAS, SAME BEING ALL OF OR A
PORTION OF THE FOLLOWING TWO TRACTS OF LAND:
1) ALL OF THAT 464.83 ACRE TRACT OF LAND DESCRIBED IN A SPECIAL
WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON MARCH 23, 2010 AND
RECORDED IN VOLUME 598 PAGE 166 OF THE OFFICIAL PUBLIC RECORDS OF
CALDWELL COUNTY, TEXAS;
2) A PORTION OF THAT 682.21 ACRE TRACT OF LAND DESCRIBED IN A
SPECIAL WARRANTY DEED TO WALTON TEXAS, LP EXECUTED ON JANUARY 15,
2010 AND RECORDED IN VOLUME 591 PAGE 449 OF THE OFFICIAL PUBLIC
RECORDS OF CALDWELL COUNTY, TEXAS; SAID 642.57 ACRES OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the south corner of said 464.83
acre tract, same being the southern most east corner of said 682.21
acre tract, same also being in the northwest line of that tract of
land described in a deed to Bryant L. Hohertz, et ux as recorded in
Volume 397 Page 369 of the Official Public Records of said County;
THENCE, with the southeast line of 682.21 acre tract, same being the
northwest line of said Bryant L. Hohertz tract, S47°58'32"W, 542.23
feet to a point from which an iron rod with aluminum cap found at a
south corner of said 682.21 acre tract bears S47°58'32"W, 566.01
feet;
THENCE, through the interior of said 682.21 acre tract, N42°00'00"W,
9091.90 feet to a point in a northwest line of said 682.21 acre
tract;
THENCE, with a northwest line of said 682.21 acre tract,
N47°53'54"E, 1349.71 feet to an iron rod with cap stamped UDG #2433
set at the north corner of said 682.21 acre tract, same being at a
west corner of said 464.83 acre tract;
THENCE, with the northern most northwest line of said 464.83 acre
tract, the following four courses:
1) N47°53'54"E, 547.53 feet to an iron rod with cap found in a
southwest line of the former Kyle-Lockhart Road (a public road);
2) With said Kyle-Lockhart Road, S25°07'26"E, 12.87 feet to an iron
rod found;
3) With said Kyle-Lockhart Road, S41°21'12"E, 17.94 feet to an iron
rod found;
4) With said Kyle-Lockhart Road, N47°56'28"E, 650.16 feet to a nail
atop a fence corner post at the north corner of said 464.83 acre
tract, same being the west corner of that 125 acre tract of land
described in a deed to Joyce Livengood Bock as recorded in Volume
212 Page 375 of the Official Public Records of said County, from
which a concrete monument found bears N50°58'49"E, 488.28 feet;
THENCE, with the western most northeast line of said 464.83 acre
tract, same being the southwest line of said 125 acre tract,
S42°11'53"E, 2727.38 feet to an iron pipe found at an interior
corner of said 464.83 acre tract, same being the south corner of
said 125 acre tract;
THENCE, with the eastern most northwest line of said 464.83 acre
tract, same being the southeast line of said 125 acre tract,
N48°15'08"E, 3912.02 feet to an iron pipe found at the eastern most
north corner of said 464.83 acre tract, same being the east corner
of said 125 acre tract and in a southwest line of F. M. 2720 (80'
R.O.W.) from which an iron pipe found at the southern most north
corner of said 125 acre tract, same being the east corner of that
110.42 acre tract of land described in a deed to Cleo L. Krieg as
recorded in Volume 154 Page 276 of the Official Public Records of
said County bears N41°48'09"W, 101.41 feet;
THENCE, with the eastern most northeast line of said 464.83 acre
tract, same being the southwest line of said F. M. 2720, the
following two courses:
1) S42°01'54"E, 1441.16 feet to a concrete monument found;
2) S42°09'53"E, 68.83 feet to an iron rod found at the northern
most east corner of said 464.83 acre tract, same being in the
northwest line of that 100.75 acre tract described in a deed to
Joyce Livengood Bock as recorded in Volume 212 Page 375 of the
Official Public Records of said County;
THENCE, with the northern most southeast line of said 464.83 acre
tract, same being the northwest line of said 100.75 acre tract,
S48°15'53"W, 3918.99 feet to an iron rod with cap (stamped Texas
Surveying/4227) found at an interior corner of said 464.83 acre
tract, same being the west corner of said 100.75 acre tract;
THENCE, with a northeast line of said 464.83 acre tract, same being
the southwest line of said 100.75 acre tract, S42°08'11"E, 2229.92
feet to a stone found at the south corner of said 100.75 acre tract,
same being at the west corner of that 103.18 acre tract described in
a deed to Curby D. Ohnheiser as recorded in Volume 487 Page 22 of the
Official Public Records of said County;
THENCE, with a northeast line of said 464.83 acre tract, same being
the southwest line of said 103.18 acre tract, S41°52'27"E, 1393.08
feet to an iron rod found at the southern most east corner of said
464.83 acre tract, same being the south corner of said 103.18 acre
tract and in the northwest line of that 52.3 acre tract described in
a deed to Nellie Hampe Partnership I, Ltd. as recorded in Volume 140
Page 348 of the Official Public Records of said County;
THENCE, with a southeast line of said 464.83 acre tract, same being
the northwest line of said 52.3 acre tract, S48°00'59"W, 899.65 feet
to an iron rod with cap (stamped Texas Surveying) found at an
interior corner of said 464.83 acre tract, same being at the west
corner of said 52.3 acre tract;
THENCE, with the southern most northeast line of said 464.83 acre
tract, same being the southwest line of said 52.3 acre tract,
S42°01'21"E, 1208.36 feet to an iron rod found at the southern most
east corner of said 464.83 acre tract, same being at the south
corner of said 52.3 acre tract and in the northwest line of said
Bryant L. Hohertz et ux tract as recorded in Volume 397 Page 369 of
the Official Public Records of said County;
THENCE, with the southern most southeast line of said 464.83 acre
tract, same being northwest line of said Bryant L. Hohertz et ux
tract as recorded in Volume 397 Page 369 of the Official Public
Records of said County, S48°06'34"W, 1107.77 feet to the POINT OF
BEGINNING and containing 642.57 acres of land.
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) Section 8344.104, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8344, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8344.104 to read as follows:
Sec. 8344.104. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) 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. Except as provided by Section 4 of this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.