Bill Text: TX HB4127 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the creation of the Foster Municipal Utility District No. 1 of Montgomery 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 2-0)
Status: (Enrolled - Dead) 2015-06-10 - Effective on 9/1/15 [HB4127 Detail]
Download: Texas-2015-HB4127-Enrolled.html
H.B. No. 4127 |
relating to the creation of the Foster Municipal Utility District | ||
No. 1 of Montgomery 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 7926 to read as follows: | ||
CHAPTER 7926. FOSTER MUNICIPAL UTILITY DISTRICT NO. 1 OF | ||
MONTGOMERY COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7926.001. 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 Foster Municipal Utility | ||
District No. 1 of Montgomery County. | ||
Sec. 7926.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7926.003. 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. 7926.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7926.003 | ||
until each municipality in whose corporate limits 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. 7926.005. 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. 7926.006. 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. 7926.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7926.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7926.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2015, 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 7926.003; or | ||
(2) September 1, 2019. | ||
(c) If permanent directors have not been elected under | ||
Section 7926.003 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 7926.003; 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. 7926.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7926.102. 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. 7926.103. 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. 7926.104. 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 the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
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. 7926.105. 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. 7926.106. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act 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 | ||
7926.003 to confirm the creation of the district and before or after | ||
an election under Section 7926.151 to authorize the issuance of | ||
bonds. | ||
(f) An order dividing the district must: | ||
(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 7926.003. | ||
(i) 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. | ||
(j) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7926.151. 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 7926.153. | ||
(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. 7926.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7926.151, 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. 7926.153. 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. 7926.201. 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. 7926.202. 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. 7926.203. 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 Foster Municipal Utility District No. 1 of | ||
Montgomery County initially includes all the territory contained in | ||
the following area: | ||
Being 3,411.960 acres of land located in the Jose Maria De La | ||
Garza Survey, Abstract Number 15 and the Cyrus Dikeman Survey, | ||
Abstract Number 179, Montgomery County, Texas, being the apparent | ||
remainder of those certain tracts described as "Part II, Tracts 7-1 | ||
and 8" conveyed Foster Timber, LTD by the instrument of record dated | ||
February 17, 1995 recorded under File Number 9509573 in the | ||
Official Public Records of Real Property of Montgomery County, | ||
Texas (M.C.O.P.R.R.P.), said Part II, Tract 7-1 the called residue | ||
of 8,437.836 acres, and said Part II, Tract 8 called 100 acres, said | ||
3,411.960 acres being more particularly described by metes and | ||
bounds in two parts as follows, all bearings are assumed: | ||
PART ONE (Residue of Part II, Tract 7-1) | ||
BEGINNING at a point for the southeast corner of that certain | ||
called 68.1929 acre tract conveyed to Texas Campgrounds by an | ||
instrument of record in Volume 720, Page 683, of the Deed Records of | ||
said Montgomery County, Texas, (M.C.D.R.), also being on the south | ||
line of said Jose Maria De La Garza Survey; | ||
Thence, North 28° 21' 09" West, along the northeasterly line | ||
of said 68.1929 acre tract, 843.66 feet to a point for the northeast | ||
corner of said 68.1929 acre tract; | ||
Thence, South 61° 50' 25" West, along the northwesterly line | ||
of said 68.1929 acre tract, 1,828.58 feet to a point for an easterly | ||
corner of that certain called 435.81 acre tract conveyed to The | ||
Moran Corporation by an instrument of record in Volume 485, Page | ||
196, M.C.D.R; | ||
Thence, in a northwesterly direction along the easterly lines | ||
of said 435.81 acre tract the following three (3) courses: | ||
1. North 28° 50' 18" West, 1,799.69 feet to a point for | ||
corner; | ||
2. South 62° 13' 59" West, 525.34 feet to a point for corner; | ||
3. North 13° 10' 49" West, 1,929.69 feet to a point for | ||
corner on the south line of that certain called 136.894 acre tract | ||
conveyed to John W. Holland by an instrument of record in File | ||
Number 2005-087670, M.C.O.P.R.R.P; | ||
Thence, North 86° 12' 25" East, along the south line of said | ||
136.894 acre tract, 1,645.13 feet to a point for the southeast | ||
corner of said 136.894 acre tract; | ||
Thence, along the easterly lines of said 136.894 acre tract | ||
the following three (3) courses: | ||
1. North 03° 52' 16" West, 558.48 feet to a point for corner; | ||
2. South 86° 47' 18" West, 1,360.46 feet to a point for | ||
corner; | ||
3. North 24° 26' 20" West, 139.17 feet to a point for corner, | ||
said point being on the easterly line of the residue of that certain | ||
called 200.493 acre tract conveyed to Cliff Robert Weisinger and | ||
Michael Scott Weisinger by an instrument of record in File Number | ||
9444915, M.C.O.P.R.R.P., said point also being on the centerline of | ||
Angling Branch; | ||
Thence, in a northeasterly direction meandering along the | ||
easterly lines of said 200.493 acre tract and the centerline of said | ||
Angling Branch the following eighty (80) courses and distances: | ||
1. North 16° 08' 08" East, 101.40 feet to a point for corner; | ||
2. North 29° 04' 08" East, 149.90 feet to a point for corner; | ||
3. North 59° 38' 08" East, 173.20 feet to a point for corner; | ||
4. North 72° 39' 08" East, 37.90 feet to a point for corner; | ||
5. North 21° 36' 08" East, 94.10 feet to a point for corner; | ||
6. North 31° 27' 08" East, 99.20 feet to a point for corner; | ||
7. North 85° 26' 08" East, 107.20 feet to a point for corner; | ||
8. North 33° 07' 08" East, 108.80 feet to a point for corner; | ||
9. North 57° 51' 08" East, 118.10 feet to a point for corner; | ||
10. North 27° 08' 08" East, 61.70 feet to a point for corner; | ||
11. North 77° 13' 08" East, 77.50 feet to a point for corner; | ||
12. South 80° 04' 52" East, 62.70 feet to a point for corner; | ||
13. South 58° 32' 52" East, 30.80 feet to a point for corner; | ||
14. North 64° 49' 08" East, 37.00 feet to a point for corner; | ||
15. South 59° 49' 52" East, 67.90 feet to a point for corner; | ||
16. North 42° 12' 08" East, 64.30 feet to a point for corner; | ||
17. South 50° 11' 52" East, 54.30 feet to a point for corner; | ||
18. South 20° 40' 52" East, 48.30 feet to a point for corner; | ||
19. North 53° 28' 08" East, 104.80 feet to a point for | ||
corner; | ||
20. South 74° 50' 52" East, 40.30 feet to a point for corner; | ||
21. South 46° 23' 52" East, 27.60 feet to a point for corner; | ||
22. North 61° 30' 08" East, 61.60 feet to a point for corner; | ||
23. North 02° 10' 52" West, 43.30 feet to a point for corner; | ||
24. South 80° 16' 52" East, 21.60 feet to a point for corner; | ||
25. South 16° 04' 52" East, 49.50 feet to a point for corner; | ||
26. North 54° 05' 08" East, 29.40 feet to a point for corner; | ||
27. South 85° 55' 52" East, 40.60 feet to a point for corner; | ||
28. South 45° 09' 52" East, 37.00 feet to a point for corner; | ||
29. North 62° 40' 08" East, 110.20 feet to a point for | ||
corner; | ||
30. South 58° 32' 52" East, 31.90 feet to a point for corner; | ||
31. North 50° 27' 08" East, 39.30 feet to a point for corner; | ||
32. South 85° 50' 52" East, 35.50 feet to a point for corner; | ||
33. North 83° 37' 08" East, 63.00 feet to a point for corner; | ||
34. North 41° 59' 08" East, 45.40 feet to a point for corner; | ||
35. North 15° 22' 52" West, 36.90 feet to a point for corner; | ||
36. North 24° 41' 52" West, 24.80 feet to a point for corner; | ||
37. North 84° 59' 08" East, 46.00 feet to a point for corner; | ||
38. North 30° 04' 52" West, 44.90 feet to a point for corner; | ||
39. North 73° 01' 08" East, 49.30 feet to a point for corner; | ||
40. North 06° 47' 52" West, 65.60 feet to a point for corner; | ||
41. South 85° 01' 52" East, 51.30 feet to a point for corner; | ||
42. North 32° 23' 52" West, 57.40 feet to a point for corner; | ||
43. North 82° 47' 08" East, 66.70 feet to a point for corner; | ||
44. North 28° 01' 08" East, 34.10 feet to a point for corner; | ||
45. North 60° 43' 08" East, 38.70 feet to a point for corner; | ||
46. North 73° 43' 08" East, 47.50 feet to a point for corner; | ||
47. North 27° 39' 52" West, 33.40 feet to a point for corner; | ||
48. North 44° 53' 08" East, 26.30 feet to a point for corner; | ||
49. North 05° 18' 52" West, 23.10 feet to a point for corner; | ||
50. North 54° 58' 08" East, 34.00 feet to a point for corner; | ||
51. South 45° 19' 52" East, 41.50 feet to a point for corner; | ||
52. North 28° 32' 08" East, 42.20 feet to a point for corner; | ||
53. South 58° 32' 52" East, 31.70 feet to a point for corner; | ||
54. North 36° 22' 08" East, 47.00 feet to a point for corner; | ||
55. North 35° 23' 52" West, 53.90 feet to a point for corner; | ||
56. North 72° 21' 08" East, 66.70 feet to a point for corner; | ||
57. North 10° 57' 52" West, 78.70 feet to a point for corner; | ||
58. North 17° 16' 52" West, 64.60 feet to a point for corner; | ||
59. North 41° 33' 52" West, 89.70 feet to a point for corner; | ||
60. North 64° 44' 08" East, 35.50 feet to a point for corner; | ||
61. South 70° 09' 52" East, 36.70 feet to a point for corner; | ||
62. North 18° 53' 52" West, 58.30 feet to a point for corner; | ||
63. North 33° 44' 08" East, 74.90 feet to a point for corner; | ||
64. North 33° 43' 52" West, 37.00 feet to a point for corner; | ||
65. North 68° 56' 08" East, 39.80 feet to a point for corner; | ||
66. North 06° 33' 08" East, 68.80 feet to a point for corner; | ||
67. North 39° 45' 08" East, 34.90 feet to a point for corner; | ||
68. North 27° 23' 52" West, 33.90 feet to a point for corner; | ||
69. North 44° 35' 08" East, 53.20 feet to a point for corner; | ||
70. North 08° 20' 52" West, 40.30 feet to a point for corner; | ||
71. North 77° 58' 08" East, 30.30 feet to a point for corner; | ||
72. North 08° 24' 52" West, 36.10 feet to a point for corner; | ||
73. North 68° 47' 08" East, 97.40 feet to a point for corner; | ||
74. North 17° 08' 08" East, 47.80 feet to a point for corner; | ||
75. South 48° 45' 52" East, 35.40 feet to a point for corner; | ||
76. North 40° 49' 08" East, 101.60 feet to a point for | ||
corner; | ||
77. South 61° 32' 52" East, 21.20 feet to a point for corner; | ||
78. North 44° 31' 08" East, 67.80 feet to a point for corner; | ||
79. South 88° 37' 52" East, 26.30 feet to a point for corner; | ||
80. North 01° 05' 52" West, 21.00 feet to a point for the | ||
southwest corner of that certain called 9.81 acre tract conveyed to | ||
Leonard J. Decker and Donna M. Decker by an instrument of record in | ||
Volume 985, Page 278, M.C.D.R.; | ||
Thence, North 58° 00' 17" East, along the southerly line of | ||
said 9.81 acre tract, 835.83 feet to an angle point in the southerly | ||
line of said 9.81 acre tract; | ||
Thence, North 88° 01' 07" East, along the southerly line of | ||
said 9.81 acre tract, the south line of that certain called 2.884 | ||
acre tract conveyed to Lloyd W. McGee and Holly T. McGee by an | ||
instrument of record in File Number 2005-056892, M.C.O.P.R.R.P., | ||
and the south line of that certain called 2.133 acre tract conveyed | ||
to Joseph Foxworth by an instrument of record in File Number | ||
2009-031282, M.C.O.P.R.R.P., 1,265.86 feet to a point for the | ||
southeast corner of said 2.133 acre tract, said point being on the | ||
west line of that certain called 16.622 acre tract conveyed to | ||
Phillip Montandon by an instrument of record in File Number | ||
2005-060480, M.C.O.P.R.R.P.; | ||
Thence, South 02° 46' 56" East, along the west line of said | ||
16.622 acre tract, 700.03 feet to a point for the southwest corner | ||
of said 16.622 acre tract; | ||
Thence, North 86° 54' 45" East, along the south line of said | ||
16.622 acre tract, 894.34 feet to a point for the southeast corner | ||
of said 16.622 acre tract; | ||
Thence, North 03° 46' 41" West, along the east line of said | ||
16.622 acre tract, the east right-of-way line of Jack Gibbs Road | ||
(called 60 feet wide) and its extension along the east line of that | ||
certain called 9.82 acre tract conveyed to Richard L. Miller by an | ||
instrument of record under File Number 2003-072598, | ||
M.C.O.P.R.R.P., 5,358.20 feet to a point for the southwest corner | ||
of that certain called 20.00 acre tract conveyed to Pete McCrorey | ||
A/K/A Cleo McCrorey and Stella Mae McCrorey by an instrument of | ||
record in File Number 2012031644, Official Public Records of said | ||
Montgomery County, Texas, (M.C.O.P.R.); | ||
Thence, North 87° 02' 38" East, along the south line of said | ||
20.00 acre tract, 1,620.00 feet to a point for the southeast corner | ||
of said 20.00 acre tract, said point being on the west line of that | ||
certain called 57.4 acre tract conveyed to Bryant Timber | ||
Investments LLC by an instrument of record in File Number | ||
2007-120647, M.C.O.P.R.R.P.; | ||
Thence, South 02° 34' 37" East, along the west line of said | ||
57.4 acre tract, 408.55 feet to a point for the southwest corner of | ||
said 57.4 acre tract; | ||
Thence, North 87° 25' 23" East, along the southerly line of | ||
said 57.4 acre tract, 1,319.45 feet to a point for the southeast | ||
corner of said 57.4 acre tract; | ||
Thence, North 02° 34' 37" West, along a east line of said 57.4 | ||
acre tract, 1,222.23 feet to a point for corner; | ||
Thence, North 34° 33' 23" West, along the northeasterly line | ||
of said 57.4 acre tract, 1,018.46 feet to a point for corner; | ||
Thence, South 87° 53' 36" West, along the north line of said | ||
57.4 acre tract, 641.31 feet to a point for corner, being the | ||
southerly most northeast corner of that certain called 48.0759 acre | ||
tract conveyed to Clayton McCrorey by an instrument of record in | ||
File Number 2012031643, M.C.O.P.R.; | ||
Thence, along the northerly lines of said 48.0759 acre tract | ||
the following four (4) courses: | ||
1. North 03° 11' 24" West, 602.83 feet to a point for corner; | ||
2. South 85° 54' 58" West, 632.60 feet to a point for corner; | ||
3. South 03° 12' 14" East, 610.17 feet to a point for corner; | ||
4. South 85° 15' 06" West, 1,001.50 feet to a point for the | ||
northwest corner of said 48.0759 acre tract, said point being on the | ||
east line of that certain called 41.708 acre tract (described as | ||
Tract 1) conveyed to Clayton T. McCrorey by an instrument of record | ||
in File Number 2008-028975, M.C.O.P.R.R.P.; | ||
Thence, North 02° 09' 22" East, along the east line of said | ||
41.708 acre tract, 41.59 feet to a point for the northeast corner of | ||
said 41.708 acre tract; | ||
Thence, South 87° 12' 53" West, along the north line of said | ||
41.708 acre tract, 1,198.70 feet to a point for the northwest corner | ||
of said 41.708 acre tract; | ||
Thence, South 02° 03' 51" East, along the west line of said | ||
41.708 acre tract, 1,604.85 feet to a point for the southwest corner | ||
of said 41.708 acre tract, the northwest corner of that certain | ||
called 3.7 acre tract (described as Tract II) conveyed to Clayton T. | ||
McCrorey by an instrument of record in File Number 2008-028975, | ||
M.C.O.P.R.R.P., and on a north line of that certain called 172.890 | ||
acre tract described in Volume 674, Page 373, M.C.D.R., said | ||
172.890 acre tract subsequently partitioned; | ||
Thence, South 86° 13' 19" West, along the north line of said | ||
172.890 acre tract, 2,333.33 feet to a point for the northwest | ||
corner of said 172.890 acre tract; | ||
Thence, South 03° 46' 41" East, along the west line of said | ||
172.890 acre tract, at 2157.55 feet pass the southwest corner of | ||
said 172.890 acre tract, same being the most easterly northwest | ||
corner that certain called 300.13 acre tract conveyed to LMD | ||
Investments Limited Partnership by an instrument of record in File | ||
Number 2007-144495, M.C.O.P.R.R.P., in all a total distance of | ||
2,944.44 feet to a point for corner; | ||
Thence, in a northerly and westerly direction along the north | ||
and west lines of said 300.13 acre tract the following six (6) | ||
courses: | ||
1. South 86° 13' 19" West, 1,069.44 feet to a point for | ||
corner; | ||
2. North 03° 46' 41" West, 2,208.33 feet to a point for | ||
corner; | ||
3. South 86° 13' 19" West, 2,416.66 feet to a point for | ||
corner; | ||
4. North 03° 46' 41" West, 2,319.44 feet to a point for | ||
corner; | ||
5. North 86° 13' 19" East, 555.55 feet to a point for corner; | ||
6. North 03° 40' 50" West, 888.89 feet to a point for the | ||
southwest corner of that certain called 3.350 acre tract conveyed | ||
to William Quinlan and Patricia Quinlan by an instrument of record | ||
in File Number 2010079944, M.C.O.P.R.R.P.; | ||
Thence, North 86° 13' 19" East, along the southerly lines of | ||
said 3.350 acre tract, that certain called 6.7 acre tract | ||
(described as Tract 10) conveyed to O. B. Clay by an instrument of | ||
record in Volume 191, Page 608, M.C.D.R., that certain called | ||
3.9435 acre tract conveyed to Larry and Tracie Fultz by an | ||
instrument of record in File Number 2007-132603, M.C.O.P.R.R.P., | ||
that certain called 6.7 acre tract (described as Tract 8) conveyed | ||
to Dan Clay by an instrument of record in Volume 191, Page 608, | ||
M.C.D.R., that certain called 2.043 acre tract conveyed to Richard | ||
McWhorter by an instrument of record in File Number 8642515, | ||
M.C.O.P.R.R.P., that certain called 1.823 acre tract conveyed to | ||
Margaret Hull by an instrument of record in File Number 9843968, | ||
M.C.O.P.R.R.P., and that certain called 1.0 acre tract conveyed to | ||
Peter J. Buscemi and Patricia L. Buscemi by an instrument of record | ||
in File Number 9523049, M.C.O.P.R.R.P., 1,730.34 feet to a point | ||
for the southeast corner of said 1.0 acre tract; | ||
Thence, North 13° 05' 19" East, along the east line of said 1.0 | ||
acre tract and the east line of that certain called 3.40 acre tract | ||
conveyed to Stephen Charles and Andrea Charles by an instrument of | ||
record in File Number 9523049 and (described as Tract 7) in Volume | ||
191, Page 608, M.C.D.R., 361.99 feet to a point for corner on the | ||
centerline of Tanyard Road; | ||
Thence, South 89° 48' 05" East, along the centerline of | ||
Tanyard Road as described in File Number 9509572, M.C.O.P.R.R.P., | ||
52.14 feet to a point for corner; | ||
Thence, South 85° 55' 34" East, continuing along the | ||
centerline of Tanyard Road, 295.89 feet to a point for the common | ||
west corner of that certain called 39.240 acre tract conveyed to | ||
Robert P. Wright by an instrument of record in File Number 7747854, | ||
M.C.O.P.R.R.P., and that certain called 4.601 acre tract conveyed | ||
to Robert Wright by an instrument of record in File Number | ||
2009-104141, M.C.O.P.R.R.P.; | ||
Thence, South 03° 20' 08" West, along the west line of said | ||
4.601 acre tract, 236.02 feet to a point for the southwest corner of | ||
said 4.601 acre tract; | ||
Thence, North 86° 21' 51" East, along the south line of said | ||
4.601 acre tract, 997.70 feet to a point for the common south corner | ||
of said 4.601 acre tract and that certain called 21.50 acre tract | ||
conveyed to Robert P. Wright by an instrument of record in File | ||
Number's 2005-003852 and 8646744, M.C.O.P.R.R.P.; | ||
Thence, North 85° 20' 12" East, along the south line of said | ||
21.50 acre tract, 422.37 feet to a point for corner on the | ||
centerline of said Tanyard Road as described in File Number | ||
9509572, M.C.O.P.R.R.P.; | ||
Thence, in an easterly direction along the centerline of said | ||
Tanyard Road the following thirty (30) courses: | ||
1. South 75° 40' 47" East, 310.24 feet to a point for corner; | ||
2. South 80° 01' 38" East, 517.06 feet to a point for corner; | ||
3. South 89° 22' 10" East, 1,020.57 feet to a point for | ||
corner; | ||
4. North 87° 31' 53" East, 534.66 feet to a point for corner; | ||
5. North 83° 13' 01" East, 650.61 feet to a point for corner; | ||
6. North 81° 13' 01" East, 1,173.60 feet to a point for | ||
corner; | ||
7. North 85° 26' 52" East, 1,826.57 feet to a point for | ||
corner; | ||
8. North 87° 55' 57" East, 369.79 feet to a point for corner; | ||
9. South 89° 56' 05" East, 233.26 feet to a point for corner; | ||
10. South 89° 27' 50" East, 610.46 feet to a point for | ||
corner; | ||
11. South 89° 52' 39" East, 654.48 feet to a point for | ||
corner; | ||
12. North 85° 33' 04" East, 692.83 feet to a point for | ||
corner; | ||
13. North 84° 11' 59" East, 456.82 feet to a point for | ||
corner; | ||
14. North 81° 48' 08" East, 245.89 feet to a point for | ||
corner; | ||
15. North 76° 01' 24" East, 299.73 feet to a point for | ||
corner; | ||
16. North 74° 33' 15" East, 458.03 feet to a point for | ||
corner; | ||
17. North 71° 20' 36" East, 126.39 feet to a point for | ||
corner; | ||
18. North 67° 33' 47" East, 233.32 feet to a point for | ||
corner; | ||
19. North 68° 17' 38" East, 346.61 feet to a point for | ||
corner; | ||
20. North 60° 40' 51" East, 203.12 feet to a point for | ||
corner; | ||
21. North 67° 41' 08" East, 183.91 feet to a point for | ||
corner; | ||
22. North 64° 22' 31" East, 237.95 feet to a point for | ||
corner; | ||
23. North 62° 31' 54" East, 214.60 feet to a point for | ||
corner; | ||
24. North 78° 44' 21" East, 505.10 feet to a point for | ||
corner; | ||
25. North 75° 18' 00" East, 428.73 feet to a point for | ||
corner; | ||
26. North 79° 33' 02" East, 611.84 feet to a point for | ||
corner; | ||
27. North 68° 28' 51" East, 412.17 feet to a point for | ||
corner; | ||
28. North 84° 42' 55" East, 933.26 feet to a point for | ||
corner; | ||
29. North 64° 09' 39" East, 285.68 feet to a point for | ||
corner; | ||
30. North 70° 44' 16" East, 143.36 feet to a point for the | ||
northwest corner of that certain called 15.0258 acre tract | ||
(described as Tract 2) conveyed to Theodore G. Scheid by an | ||
instrument of record in Volume 762, Page 48, M.C.D.R.; | ||
Thence, South 27° 58' 12" East, along the westerly lines of | ||
said 15.0258 acre tract and that certain called 25.2472 acre tract | ||
(described as Tract 1) conveyed to Theodore G. Scheid by an | ||
instrument of record in Volume 762, Page 48, M.C.D.R., 656.44 feet | ||
to a point for a west corner of said 25.2472 acre tract and on the | ||
northerly line of China Grove Village Section One a subdivision of | ||
record in Cabinet W, Sheet 152, of the Map Records of said | ||
Montgomery County, Texas, (M.C.M.R.); | ||
Thence, South 70° 31' 54" West, along the northerly line of | ||
said subdivision, 2,969.99 feet to a point for the southwest corner | ||
of said subdivision; | ||
Thence, South 08° 34' 04" East, along the westerly line of | ||
said subdivision, 2,230.57 feet to a point for a westerly corner of | ||
said China Grove Village subdivision; | ||
Thence, North 66° 32' 35" East, along a southerly line of said | ||
subdivision, 1,755.56 feet to a point for a westerly corner of said | ||
China Grove Village subdivision; | ||
Thence, South 48° 05' 50" East, along a westerly line of said | ||
subdivision, 422.03 feet to a point for the north corner of that | ||
certain called 9.987 acre tract conveyed to Leslie Barnard and | ||
David Clark by an instrument of record in File Number 2001-072414, | ||
M.C.O.P.R.R.P., said 9.987 acre tract being a portion of that | ||
certain called 88.020 acre tract previously conveyed to Bridges | ||
Browder by an instrument of record in Volume 864, Page 634, | ||
M.C.D.R.; | ||
Thence, South 68° 24' 57" West, along the northerly lines of | ||
said 9.987 acre tract and said 88.020 acre tract, 3,697.10 feet to a | ||
point for the northwest corner of said 88.020 acre tract, said point | ||
being on the centerline of McRae Creek; | ||
Thence, in a southeasterly direction along the meanders of | ||
said McRae Creek, and along the westerly lines of said 88.020 acre | ||
tract, that certain called 12.8773 acre tract conveyed to Robert E. | ||
Maddux, Jr by an instrument of record in File Number's 9630828, and | ||
2000003219, M.C.O.P.R.R.P., that certain called 10.047 acre tract | ||
conveyed to Donald Ray Land by an instrument of record in File | ||
Number 9842784, M.C.O.P.R.R.P., that certain called 10.006 acre | ||
tract conveyed to Clara Marie Hubbard by an instrument of record in | ||
File Number 8917166, M.C.O.P.R.R.P., the following twenty-nine | ||
(29) courses: | ||
1. South 38° 15' 14" East, 127.00 feet to a point for corner; | ||
2. South 52° 49' 14" East, 160.00 feet to a point for corner; | ||
3. South 56° 29' 14" East, 638.00 feet to a point for corner; | ||
4. South 76° 01' 26" East, 41.31 feet to a point for corner; | ||
5. South 81° 37' 25" East, 109.28 feet to a point for corner; | ||
6. North 82° 25' 45" East, 40.10 feet to a point for corner; | ||
7. South 43° 03' 05" East, 18.75 feet to a point for corner; | ||
8. North 75° 43' 25" East, 23.22 feet to a point for corner; | ||
9. South 70° 02' 32" East, 28.26 feet to a point for corner; | ||
10. North 59° 07' 46" East, 22.66 feet to a point for corner; | ||
11. North 75° 25' 53" East, 102.84 feet to a point for | ||
corner; | ||
12. South 45° 17' 12" East, 21.89 feet to a point for corner; | ||
13. North 66° 34' 38" East, 132.45 feet to a point for | ||
corner; | ||
14. North 50° 38' 54" East, 29.31 feet to a point for corner; | ||
15. North 80° 37' 10" East, 36.26 feet to a point for corner; | ||
16. South 65° 43' 01" East, 20.54 feet to a point for corner; | ||
17. North 61° 25' 31" East, 56.69 feet to a point for corner; | ||
18. North 81° 36' 09" East, 53.41 feet to a point for corner; | ||
19. South 88° 44' 40" East, 53.93 feet to a point for corner; | ||
20. South 43° 08' 29" East, 59.04 feet to a point for corner; | ||
21. South 15° 47' 03" West, 20.66 feet to a point for corner; | ||
22. South 53° 17' 33" East, 68.04 feet to a point for corner; | ||
23. South 16° 19' 48" East, 31.21 feet to a point for corner; | ||
24. South 10° 16' 18" East, 128.38 feet to a point for | ||
corner; | ||
25. South 05° 24' 00" East, 206.69 feet to a point for | ||
corner; | ||
26. South 22° 03' 14" East, 196.00 feet to a point for | ||
corner; | ||
27. South 32° 42' 57" East, 244.95 feet to a point for | ||
corner; | ||
28. South 18° 27' 15" East, 168.50 feet to a point for | ||
corner; | ||
29. South 25° 10' 15" East, 249.85 feet to a point for the | ||
southwest corner of said 10.006 acre tract; | ||
Thence, North 66° 53' 11" East, along the south line of said | ||
10.006 acre tract, 673.49 feet to a point for corner; | ||
Thence, South 33° 06' 27" East, 2,484.77 feet to a point for | ||
corner, being the northeast corner of that certain called 94.44 | ||
acre tract (described as Tract 1) conveyed to Clayton T. McCrorey by | ||
an instrument of record in File Number 2004-016847, M.C.O.P.R.R.P., | ||
said point being on the southeasterly line of the aforementioned | ||
Jose Maria De La Garza Survey; | ||
Thence, South 61° 30' 23" West, along the southeasterly line | ||
of said Jose Maria De La Garza Survey and the northwesterly lines of | ||
the aforementioned Cyrus Dikeman Survey, Abstract Number 179, the | ||
Evelin Woodford Survey, Abstract Number 620, and the Jackson Crouch | ||
Survey, Abstract Number 130 of said Montgomery County, Texas, | ||
15,128.47 feet to the POINT OF BEGINNING and containing 3,310.992 | ||
acres of land. | ||
PART TWO (Part II, Tract 8) | ||
BEGINNING at the east corner of the aforementioned Cyrus | ||
Dikeman Survey, same being the southeast corner of the | ||
aforementioned 100 acre tract described as Part II, Tract 8 in the | ||
instrument of record in File Number 9509573, M.C.O.P.R.R.P. as | ||
described in Volume 362, Page 183, M.C.D.R, same being the south | ||
corner of that certain called 157.5 acre tract described in Volume | ||
323, Page 396, M.C.D.R.; | ||
Thence, South 41° 48' 06" West, along the southeasterly line | ||
of said 100 acre tract, 1,666.67 (called 600 varas) to the south | ||
corner of herein described tract, same being the east corner of that | ||
certain called 100 acre tract described in Volume 284, Page 338, | ||
M.C.D.R.; | ||
Thence, North 48° 11' 54" West, along the northeasterly line | ||
of that certain called 99.98 acre tract described in File Number | ||
9811049, M.C.O.P.R.R.P., (said 99.98 acre tract being a portion of | ||
said 100 acre tract described in Volume 284, Page 338, M.C.D.R.), | ||
2,638.89 feet (called 950 varas) to the west corner of the herein | ||
described tract, the north corner of said 99.98 acre tract, and on | ||
the southeasterly line of that certain called 94.44 acre tract | ||
(tract 1) described in File Number 2004-016847, M.C.O.P.R.R.P.; | ||
Thence, North 41° 48' 06" East, along the southeasterly line | ||
of said 94.44 acre tract, 1,666.67 (called 600 varas) to the north | ||
corner of the herein described tract; | ||
Thence, South 48° 11' 54" East, 2,638.89 feet (called 950 | ||
varas) to the POINT OF BEGINNING and containing 100.968 acres of | ||
land. | ||
Said Part 1 (3,310.992 acres) and Part 2 (100.968 acres) | ||
containing a total of 3,411.960 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) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
7926, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7926.107 to read as follows: | ||
Sec. 7926.107. 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, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4127 was passed by the House on April | ||
23, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4127 was passed by the Senate on May | ||
20, 2015, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |