Bill Text: TX HB4178 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Williamson County Municipal Utility District No. 31; 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) 2015-06-18 - Effective immediately [HB4178 Detail]
Download: Texas-2015-HB4178-Comm_Sub.html
Bill Title: Relating to the creation of the Williamson County Municipal Utility District No. 31; 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) 2015-06-18 - Effective immediately [HB4178 Detail]
Download: Texas-2015-HB4178-Comm_Sub.html
By: Farney (Senate Sponsor - Schwertner) | H.B. No. 4178 | |
(In the Senate - Received from the House May 20, 2015; | ||
May 21, 2015, read first time and referred to Committee on | ||
Administration; May 24, 2015, reported favorably by the following | ||
vote: Yeas 4, Nays 0; May 24, 2015, sent to printer.) | ||
COMMITTEE VOTE | ||
YeaNayAbsentPNV | ||
HancockX | ||
UrestiX | ||
CampbellX | ||
EltifeX | ||
HuffinesX | ||
SchwertnerX | ||
WestX | ||
|
||
|
||
relating to the creation of the Williamson County Municipal Utility | ||
District No. 31; 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 7934 to read as follows: | ||
CHAPTER 7934. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 31 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7934.001. 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 Williamson County Municipal | ||
Utility District No. 31. | ||
Sec. 7934.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7934.003. 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. 7934.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7934.003 | ||
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. 7934.005. 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. 7934.006. 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. 7934.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7934.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7934.052. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district may submit a petition to the commission requesting that | ||
the commission appoint as temporary directors the five persons | ||
named in the petition. The commission shall appoint as temporary | ||
directors the five persons named in the petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7934.003; 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 7934.003 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 7934.003; 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. 7934.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7934.102. 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. 7934.103. 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. 7934.104. 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. | ||
(d) The district shall convey the public roads constructed | ||
by or on behalf of the district under Section 7934.103 to Williamson | ||
County for ownership, operation, and maintenance by the county. | ||
After the 12th anniversary of the date the county accepts | ||
conveyance of the roads, the district shall maintain the public | ||
roads located in the district, except that the county shall | ||
maintain the east-west arterial roadway located in the district | ||
north of the San Gabriel River and south of State Highway 29. The | ||
district's obligation to maintain the public roads located in the | ||
district ceases if all of the territory of the district is annexed | ||
by a municipality. | ||
Sec. 7934.105. 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7934.151. 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 7934.153. | ||
(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. 7934.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7934.151, 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. 7934.153. 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. 7934.201. 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. 7934.202. 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. 7934.203. 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 Williamson County Municipal Utility District | ||
No. 31 initially includes all the territory contained in the | ||
following area: | ||
BEING 192.79 ACRES OF LAND OUT OF THE WILLIAM H. MONROE | ||
SURVEY, ABSTRACT NUMBER 453, AND THE HENRY GARMES SURVEY, ABSTRACT | ||
NO. 269, BOTH IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED OF | ||
FIVE TRACTS: TRACT 1 BEING AN 80.68 ACRE REMAINDER OF AN 82.62 ACRE | ||
TRACT, ERRONEOUSLY CALLED 62.62 ACRES; TRACT TWO BEING A PORTION OF | ||
AN 86.67 ACRE TRACT; TRACT THREE BEING ALL OF A 2.00 ACRE TRACT; ALL | ||
CONVEYED TO LANCE ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY | ||
TRUST BY CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO. | ||
2013046424 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, | ||
TEXAS, THEREIN DESIGNATED AS "TRACT 1", "TRACT 2", AND "TRACT 5", | ||
RESPECTIVELY; TRACT FOUR BEING A 34.746 ACRE REMAINDER OF A 43.00 | ||
ACRE TRACT OF LAND CONVEYED TO JOHN T. MASON BY INSTRUMENT OF RECORD | ||
IN VOLUME 595, PAGE 288 OF THE DEED RECORDS OF WILLIAMSON COUNTY, | ||
TEXAS, THEREIN DESIGNATED AS "TRACT FOUR"; AND TRACT FIVE BEING A | ||
7.517 ACRE REMAINDER OF A 43.00 ACRE TRACT CONVEYED TO JOAN GIDDENS | ||
BY INSTRUMENT OF RECORD IN SAID VOLUME 595, PAGE 288, KNOWN THEREIN | ||
AS "TRACT FIVE", WITH ON-HALF (1/2) INTEREST CONVEYED TO JOE P. | ||
GIDDENS, SR. BY GIFT DEED OF RECORD IN DOCUMENT NUMBER 9513614 OF | ||
THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, AND BEING MORE | ||
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2" rebar found for the northeast corner of | ||
said 80.68 acre remainder of an 82.62 acre tract, the southeast | ||
corner of Lot 2, Hamilton Subdivision, a subdivision of record in | ||
Doc. No. 1993014740 of the Official Public Records of Williamson | ||
County, Texas, the northeast corner of a 4.01 acre tract of land | ||
conveyed to David Harp and Cynthia Marie Caughfield Harp by | ||
instrument of record in Doc. No. 1996021719 of the Official Public | ||
Records of Williamson County, and being in the westerly | ||
right-of-way line of County Road 266 (R.O.W. varies), from which a | ||
1/2" rebar found for the northwest corner of a 3.16 acre tract of | ||
land conveyed to the Pedernales Electric Cooperative, Inc. by | ||
instrument of record in Doc. No. 2006040305 of the Official Public | ||
Records of Williamson County, Texas, the southwest corner of a 5.94 | ||
acre tract of land conveyed to Carolyn Miller and Leonard Miller by | ||
deed of record in Volume 681, Page 342 of the Deed Records of | ||
Williamson County, Texas, and being in the easterly right-of-way | ||
line of said County Road 266, bears North 58°49'44" East a distance | ||
of 35.72 feet; [Point of Beginning Coordinates: | ||
Northing=10,202,718.53; Easting=3,075,492.25]; | ||
THENCE along the easterly line of the 80.68 acre remainder of | ||
a 82.62 acre tract and the north, west and south lines of said 4.01 | ||
acre tract the following three (3) courses: | ||
1. South 69°37'04" West a distance of 392.77 feet (record - South | ||
69°37'30" West a distance of 392.83 feet) to a 1/2" rebar found for | ||
the northwest corner of the 4.01 acre tract; | ||
2. South 13°38'03" East a distance of 475.02 feet (record - South | ||
13°37'24" East a distance of 475.21 feet) to a 1/2" rebar found for | ||
the southwest corner of the 4.01 acre tract; | ||
3. North 61°32'05" East a distance of 414.16 feet (record - North | ||
61°32'44" East a distance of 414.36 feet) to a 1/2" rebar found for | ||
the southeast corner of the 4.01 acre tract, and being in the | ||
westerly right-of-way line of said County Road 266; | ||
THENCE along the easterly line of the 80.68 acre remainder of | ||
an 82.62 acre tract and the westerly right-of-way line of County | ||
Road 266 the following nine (9) courses: | ||
1. South 27°41'59" East a distance of 394.10 feet (record - South | ||
27°41'30" East a distance of 394.00 feet) to a fence post found for | ||
corner; | ||
2. South 26°04'17" East a distance of 148.94 feet (record - South | ||
26°00'57" East a distance of 148.99 feet) to a fence post found for | ||
corner; | ||
3. South 24°35'10" East a distance of 227.32 feet (record - South | ||
24°39'50" East a distance of 227.37 feet) to a fence post found for | ||
corner; | ||
4. South 29°39'15" East a distance of 485.42 feet (record - South | ||
29°38'20" East a distance of 485.28 feet) to a fence post found for | ||
corner; | ||
5. South 31°21'15" East a distance of 55.73 feet (record - South | ||
31°21'11" East a distance of 55.75 feet) to a fence post found for | ||
corner; | ||
6. South 34°23'40" East a distance of 77.70 feet (record - South | ||
34°21'13" East a distance of 77.71 feet) to a fence post found for | ||
corner; | ||
7. South 37°14'52" East a distance of 72.04 feet (record - South | ||
37°16'25" East a distance of 72.07 feet) to a fence post found for | ||
corner; | ||
8. South 41°51'07" East a distance of 79.68 feet (record - South | ||
41°50'42" East a distance of 79.65 feet) to a fence post found for | ||
corner; | ||
9. South 46°20'23" East a distance of 88.67 feet (record - South | ||
46°21'47" East a distance of 88.66 feet) to a 60d nail found in the | ||
base of a tree for an angle point in the easterly line of the 80.68 | ||
acre remainder of an 82.62 acre tract and being the northeast corner | ||
of said 2.00 acre tract; | ||
THENCE along the easterly line of the 2.00 acre tract and the | ||
westerly right-of-way line of County Road 266 the following two (2) | ||
courses: | ||
1. South 51°52'18" East a distance of 50.97 feet (record - South | ||
51°49'14" East a distance of 50.96 feet) to a 60d nail found in the | ||
base of a tree; | ||
2. South 51°43'04" East a distance of 165.73 feet (record - South | ||
51°43'15" East a distance of 165.69 feet) to a steel fence post found | ||
for corner for an angle point in the easterly line of the 80.68 acre | ||
remainder of an 82.62 acre tract and being the southeast corner of | ||
said 2.00 acre; | ||
THENCE along the easterly line of the 80.68 acre remainder of | ||
an 82.62 acre tract and the westerly right-of-way line of County | ||
Road 266 the following thirteen (13) courses: | ||
1. South 57°01'45" East a distance of 75.98 feet (record - South | ||
57°00'29" East a distance of 75.96 feet) to a fence post found for | ||
corner; | ||
2. South 62°17'41" East a distance of 75.26 feet (record - South | ||
62°21'51" East a distance of 75.19 feet) to a fence post found for | ||
corner; | ||
3. South 64°45'50" East a distance of 78.12 feet (record - South | ||
64°46'15" East a distance of 78.10 feet) to a fence post found for | ||
corner; | ||
4. South 66°38'03" East a distance of 317.51 feet (record - South | ||
66°37'21" East a distance of 317.49 feet) to a fence post found for | ||
corner; | ||
5. South 70°24'29" East a distance of 156.42 feet (record - South | ||
70°25'04" East a distance of 156.38 feet) to a fence post found for | ||
corner; | ||
6. South 65°26'10" East a distance of 64.92 feet (record - South | ||
65°25'45" East a distance of 64.95 feet) to a fence post found for | ||
corner; | ||
7. South 53°30'45" East a distance of 86.57 feet (record - South | ||
53°22'44" East a distance of 86.54 feet) to a fence post found for | ||
corner; | ||
8. South 57°47'47" East a distance of 84.10 feet (record - South | ||
57°53'40" East a distance of 84.04 feet) to a fence post found for | ||
corner; | ||
9. South 62°33'40" East a distance of 51.72 feet (record - South | ||
62°33'13" East a distance of 51.75 feet) to a fence post found for | ||
corner; | ||
10. South 57°33'51" East a distance of 25.25 feet (record - South | ||
57°29'07" East a distance of 25.22 feet) to a fence post found for | ||
corner; | ||
11. South 58°31'02" East a distance of 75.55 feet (record - South | ||
58°31'52" East a distance of 75.57 feet) to a fence post found for | ||
corner; | ||
12. South 60°27'34" East a distance of 152.96 feet (record - South | ||
60°27'42" East a distance of 152.97 feet) to a fence post found for | ||
corner; | ||
13. South 57°57'23" East a distance of 40.97 feet (record - South | ||
58°00'42" East a distance of 40.88 feet) to a 1/2" rebar found for | ||
the southeast corner of the 80.68 acre remainder of an 82.62 acre | ||
tract and the northeast corner of said 86.67 acre "Tract 2"; | ||
THENCE along the easterly line of the 86.67 acre tract and the | ||
westerly right-of-way line of County Road 266 the following sixteen | ||
(13) courses: | ||
1. South 58°00'16" East a distance of 134.29 feet (record - South | ||
58°00'42" East a distance of 134.42 feet) to a fence post found for | ||
corner; | ||
2. South 58°42'01" East a distance of 93.89 feet (record - South | ||
58°00'42" East a distance of 134.42 feet) to a 1/2" rebar found; | ||
3. South 55°41'55" East a distance of 36.69 feet (record - South | ||
55°39'14" East a distance of 36.72 feet) to a 1/2" rebar found; | ||
4. South 57°23'18" East a distance of 77.00 feet (record - South | ||
57°24'50" East a distance of 76.96 feet) to a 60d nail found in the | ||
base of a tree; | ||
5. South 59°52'58" East a distance of 163.67 feet (record - South | ||
59°51'48" East a distance of 163.67 feet) to a 60d nail found in the | ||
base of a tree; | ||
6. South 56°53'38" East a distance of 47.23 feet (record - South | ||
56°54'00" East a distance of 47.20 feet) to a 60d nail found in the | ||
base of a tree; | ||
7. South 51°53'59" East a distance of 181.09 feet (record - South | ||
51°53'38" East a distance of 181.04 feet) to a 60d nail found in the | ||
base of a tree; | ||
8. South 47°28'03" East a distance of 36.60 feet (record - South | ||
47°42'45" East a distance of 36.58 feet) to a 1/2" rebar found; | ||
9. South 33°36'25" East a distance of 99.11 feet (record - South | ||
33°37'41" East a distance of 99.11 feet) to a 1/2" rebar found; | ||
10. South 36°25'01" East a distance of 31.64 feet (record - South | ||
36°24'58" East a distance of 31.64 feet) to a 60d nail found in the | ||
base of a tree; | ||
11. South 33°10'54" East a distance of 89.81 feet (record - South | ||
33°07'46" East a distance of 89.91 feet) to a 60d nail found in the | ||
base of a tree; | ||
12. South 43°21'48" East a distance of 165.76 feet (record - South | ||
43°24'18" East a distance of 165.72 feet) to a 60d nail found in the | ||
base of a tree; | ||
13. South 32°09'56" East (record - South 32°04'55" East) a distance | ||
of 125.64 feet to a calculated point | ||
THENCE crossing through the 86.67 acre tract the following | ||
three (3) courses: | ||
1. South 67°04'21" West, a distance of 169.04 feet to a calculated | ||
point; | ||
2. South 66°30'58" West a distance of 2337.55 feet to a calculated | ||
point; | ||
3. South 86°26'35" West a distance of 317.04 feet to a calculated | ||
point in the westerly line of the 86.67 acre tract, being the | ||
southeast corner of a 6.669 acre tract of land conveyed to Emogene | ||
M. Champion by instrument of record in Doc. No. 2008083903 of the | ||
Official Public Records of Williamson County, Texas, also being in | ||
the northerly line of Lot 7, High Gabriel East, Section 2, a | ||
subdivision of record in Volume B, Pages 296-298 of the Plat Records | ||
of Williamson County, Texas, and also being the approximate | ||
centerline of the South San Gabriel River; | ||
THENCE North 25°06'16" West (record - North 25°05'54" West), | ||
along the westerly line of the 86.67 acre tract and the east line of | ||
said 6.669 acre tract, a distance of 227.10 feet (record - 227.10 | ||
feet) to a 1/2" rebar set with plastic cap which reads "Baseline | ||
Inc" for the northeast corner of the 6.669 acre tract and the | ||
southeast corner of a 73.00 acre tract of land conveyed to Ina Dale | ||
Craven by instrument of record in Volume 595, Page 288 of the Deed | ||
Records of Williamson County, Texas, therein designated as "Tract | ||
One"; | ||
THENCE North 05°28'53" West (record - North 05°28'53" West), | ||
along the westerly line of the 86.67 acre tract and the east line of | ||
said 43.00 acre tract, passing at a distance of 953.39 (record - | ||
953.39 feet) a calculated point for the northwest corner of the | ||
86.67 acre tract and the southwest corner of the 80.68 acre | ||
remainder of an 82.62 acre tract, and continuing along the westerly | ||
line of the 80.68 acre remainder of an 82.62 acre tract and the east | ||
line of said 43.00 acre tract for a total distance of 1235.21 feet | ||
(record - 1235.21 feet) to a 1/2" rebar found for the northeast | ||
corner of the 43.00 acre tract and the southeast corner of a 38.24 | ||
acre tract of land conveyed to Emogene Champion by said instrument | ||
of record in Volume 595, Page 288 of the Deed Records of Williamson | ||
County, Texas, therein designated as "Tract Two"; | ||
THENCE along the westerly line of the 80.68 acre remainder of | ||
an 82.62 acre tract and the east and north lines of said 38.24 acre | ||
tract the following two (2) courses: | ||
1. North 08°17'02" West a distance of 572.35 (record - North | ||
08°18'15" West a distance of 572.29 feet) to a 1/2" rebar found for | ||
the northeast corner of the 38.624 acre tract; | ||
2. South 77°12'21" West a distance of 424.18 (record - South | ||
77°13'07" West a distance of 424.14 feet) to a 1/2" rebar found for | ||
the northeast corner of the 38.624 acre tract; | ||
THENCE North 20°19'13" West (record - North 20°18'36" West), | ||
along the westerly line of the 80.68 acre remainder of an 82.62 acre | ||
tract, the east line of the 38.24 acre tract, and the east line of a | ||
21.543 acre tract of land conveyed to Mark Mason by instrument of | ||
record in Doc. No. 2007021744 of the Official Public Records of | ||
Williamson County, Texas, a distance of 604.86 feet (record - | ||
604.88 feet) to a 1/2" rebar found for the northeast corner of the | ||
21.543 acre tract and the southeast corner of a 19.758 acre tract of | ||
land conveyed to Michael W. Mason by instrument of record in Doc. | ||
No. 2007021745 of the Official Public Records of Williamson County, | ||
Texas; | ||
THENCE North 20°35'14" West (record - North 20°35'47" West), | ||
along the westerly line of the 80.68 acre remainder of an 82.62 acre | ||
tract and the east line of said 19.758 acre tract, a distance of | ||
459.92 feet (record - 459.96 feet) to a 1/2" rebar found for the | ||
northeast corner of the 19.758 acre tract and the southeast corner | ||
of said 34.746 acre remainder of a 43.00 acre tract; | ||
THENCE South 68°55'24" West (record: South 69°49' West), along | ||
the south line of the 34.746 acre remainder of a 43.00 acre tract | ||
and the north line of the 19.758 acre tract, passing at a distance | ||
of 872.22 feet (record: 872.22 feet) a calculated point for an angle | ||
point in the north line of the 19.758 acre tract and being the | ||
northeast corner of a 1.78 acre tract of land conveyed to Michael W. | ||
Mason by instrument of record in Volume 1270, Page 205 of the | ||
Official Records of Williamson County, Texas; from which a 1/2" | ||
rebar found bears North 35°52'45" West a distance of 0.93 feet and | ||
continue along the south line of the 34.746 acre remainder of a | ||
43.00 acre tract and the north line of said 1.78 acre tract 390.37 | ||
feet further (record: 390.37 feet) to a calculated point for an | ||
angle point in the north line of the 19.758 acre tract and being the | ||
northwest corner of the 1.78 acre tract; from which a 1/2" rebar | ||
found bears North 50°25'19" West a distance of 0.51 feet and | ||
continuing along the south line of the 34.746 acre remainder of a | ||
43.00 acre tract and the north line of the 19.758 acre tract and the | ||
north line of a 22-foot wide Ingress and Egress Easement granted to | ||
Michael W. Mason in said Volume 1270, Page 205 for a total distance | ||
of 1583.30 feet to a TxDOT Type II concrete monument found for the | ||
southwest corner of the 34.746 acre remainder of a 43 acre tract | ||
known as "Tract Four" and being in the north line of the 19.758 acre | ||
tract and also being in the east right-of-way line of said U.S. 183, | ||
392.00 feet left of and perpendicular to E.C.S. 18656.50; | ||
THENCE along the west line of the 34.746 acre remainder of a | ||
43.00 acre tract and the east right-of-way line of U.S. 183 the | ||
following four (4) courses: | ||
1. Along the arc of a non-tangential curve to the right, having a | ||
radius of 19608.00 feet (record: 19608.00 feet), a length of 491.38 | ||
feet (record: 491.44 feet), a delta angle of 01°26'09" (record: | ||
01°26'10") and a chord, which bears North 21°50'37" West a distance | ||
of 491.36 feet (record: North 21°56'28" West a distance of 491.43 | ||
feet) to a TxDOT Type II concrete monument found 392.00 feet left of | ||
and perpendicular to E.C.S. 181+55.23 for a point of tangency; | ||
2. North 21°07'32" West a distance of 11.23 feet (record: North | ||
21°05'55" West a distance of 11.23 feet) to a 1/2" rebar set with | ||
plastic cap, which reads "BASELINE, INC.", being 392.00 feet left | ||
of and perpendicular to E.C.S. 181+44.00; | ||
3. South 68°52'32" West a distance of 192.00 feet (record: South | ||
68°54'09" West a distance of 192.00 feet to a calculated point | ||
200.00 feet left of an perpendicular to E.C.S. 181+44.00; from | ||
which a damaged TxDOT Type II concrete monument found bears North | ||
16°55'25" East a distance of 0.27 feet; | ||
4. North 21°03'51" West a distance of 400.41 feet (record: North | ||
21°05'54" West a distance of 400.07 feet to a 1/2" rebar found for | ||
the northwest corner of the 34.746 acre remainder of a 43.00 acre | ||
tract and being the southwest corner of said 7.517 acre remainder of | ||
a 43.00 acre tract, and also being in the east right-of-way line of | ||
U.S. 183 (R.O.W. varies), being 200.00 feet left of and | ||
perpendicular to Engineer's Centerline Station (E.C.S.) 177+43.93; | ||
THENCE North 21°03'51" West (record: North 21°05'55" West), | ||
along the west line of the 7.517 acre remainder of a 43.00 acre | ||
tract and the east right-of-way line of said U.S. 183 a distance of | ||
400.50 feet (record: 400.77 feet) to a 1/2" rebar found with cap, | ||
which reads "SAM, INC." for the northwest corner of the 7.517 acre | ||
remainder of a 43.00 acre tract and being the southwest corner of | ||
the remainder of a 1.533 acre tract of land conveyed to the City of | ||
Liberty Hill, Texas by instrument of record in Document Number | ||
2012032250 of the Official Public Records of Williamson County, | ||
Texas, being known therein as "Tract 2" and being 200 feet left of | ||
and perpendicular to E.C.S. 173+43.16; | ||
THENCE North 68°55'20" East (record: North 68°55'49" East), | ||
along the north line of the 7.517 acre remainder of a 43.00 acre | ||
tract and the south line of said remainder of a 1.533 acre tract a | ||
distance of 731.95 feet to a 1/2" rebar found with plastic cap | ||
(illegible) for the west corner of a 0.026 of one acre tract of land | ||
conveyed to the City of Liberty Hill, Texas in said Document Number | ||
2012032250 and known therein as "Tract 4" for a point of curvature; | ||
THENCE along the north line of the 7.517 acre remainder of a | ||
43.00 acre tract and the south line of said 0.026 of one acre tract, | ||
being a tangential curve to the left, having a radius of 50.00 feet | ||
(record: 50.00 feet), a length of 92.54 feet (record: 92.71 feet), a | ||
delta angle of 106°02'34" (record: 106°14'28") and a chord, which | ||
bears North 68°56'26" East a distance of 79.89 feet (record: North | ||
68°56'35" East a distance of 79.99 feet) to a 1/2" rebar found with | ||
plastic cap (illegible) for the east corner of the 0.026 of one acre | ||
tract and being in the south line of the remainder of a 1.533 acre | ||
tract for a point of tangency; | ||
THENCE North 68°25'29" East (record: North 68°55'49" East), | ||
along the north line of the 7.517 acre remainder of a 43.00 acre | ||
tract and the south line of the 1.533 acre tract a distance of 9.75 | ||
feet (record: 9.66 feet) to a 1/2" rebar found with plastic cap, | ||
which reads "LCRA" for the northeast corner of the 7.517 acre | ||
remainder of a 43.00 acre tract and being the southeast corner of | ||
the remainder of a 1.533 acre tract and also being in the west line | ||
of a 20.000 acre tract of land conveyed to City of Liberty Hill, | ||
Texas by instrument of record in said Document Number 2012032250 | ||
and known therein as "Tract 1", from which a 1/2" rebar found with | ||
plastic cap, which reads "LCRA" for the northeast corner of the | ||
remainder of a 1.533 acre tract and being in the west line of said | ||
20.000 acre tract bears North 20°40'12" West a distance of 59.98 | ||
feet (record: North 20°40'03" West a distance of 60.00 feet); | ||
THENCE South 20°40'12" East (record: South 20°40'03" East), | ||
along the east line of the 7.517 acre remainder of a 43.00 acre | ||
tract and the west line of the 20.000 acre tract a distance of | ||
400.69 feet to a 1/2" rebar found with plastic cap, which reads | ||
"LCRA" for the southeast corner of the 7.517 acre remainder of a | ||
43.00 acre tract, the southwest corner of the 20.000 acre tract and | ||
also being in the north line of the 34.746 acre remainder of a 43.00 | ||
acre tract; | ||
THENCE North 68°55'49" East (record: North 69°49' East), along | ||
the north line of the 34.746 acre remainder of a 43.00 acre tract | ||
and the south line of the 20.000 acre tract, a distance of 968.87 | ||
feet (record - 968.86 feet) to a 1/2" rebar found for the northeast | ||
corner of the 34.746 acre remainder of a 43.00 acre tract, the | ||
southeast corner of the 20.000 acre tract, and being in the westerly | ||
line of the 80.68 acre remainder of an 82.82 acre tract; | ||
THENCE North 20°42'08" West (record - North 20°39'06" West), | ||
along the westerly line of the 80.68 acre remainder of an 82.62 acre | ||
tract and the east line of the 20.000 acre tract, a distance of | ||
294.56 feet to a calculated point for the northwest corner of the | ||
80.68 acre remainder of an 82.62 acre tract and the southwest corner | ||
of said Lot 2, Hamilton Subdivision; | ||
THENCE along the north line of the 80.68 acre remainder of an | ||
82.62 acre tract and the south line of Lot 2, Hamilton Subdivision, | ||
the following six (6) courses: | ||
1. North 70°41'00" East a distance of 397.85 (record - North | ||
70°41'56" East a distance of 396.79) to a 1/2" rebar found; | ||
2. North 66°15'13" East a distance of 161.71 (record - North | ||
66°16'09" East a distance of 161.69) to a 1/2" rebar found; | ||
3. North 54°02'41" East a distance of 58.65 (record - North | ||
54°00'09" East a distance of 58.66) to a 1/2" rebar found; | ||
4. North 65°58'55" East a distance of 94.57 (record - North | ||
66°07'09" East a distance of 94.66) to a 1/2" rebar found; | ||
5. North 89°16'53" East a distance of 39.31 (record - North | ||
89°06'09" East a distance of 94.24) to a 1/2" rebar found; | ||
6. North 72°09'38" East a distance of 259.54 (record - North | ||
72°10'09" East a distance of 259.64) to the POINT OF BEGINNING. | ||
This tract contains 192.79 acres of land, more or less, out of | ||
the William H. Monroe Survey, Abstract Number 453, and the Henry | ||
Garmes Survey, Abstract no. 269, both in Williamson County, Texas. | ||
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 | ||
7934, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7934.106 to read as follows: | ||
Sec. 7934.106. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2015. | ||
* * * * * |