Bill Text: TX HB4183 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the creation of the Hays County Municipal Utility District No. 7; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Sponsorship: Partisan Bill (Republican 2)
Status: (Enrolled - Dead) 2015-06-17 - Effective immediately [HB4183 Detail]
Download: Texas-2015-HB4183-Enrolled.html
| H.B. No. 4183 | ||
| relating to the creation of the Hays County Municipal Utility | ||
| District No. 7; 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 7916 to read as follows: | ||
| CHAPTER 7916. HAYS COUNTY MUNICIPAL UTILITY DISTRICT NO. 7 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7916.001. 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 Hays County Municipal Utility | ||
| District No. 7. | ||
| Sec. 7916.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7916.003. 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. 7916.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 7916.003 | ||
| 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. 7916.005. 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. 7916.006. 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. 7916.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 7916.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 7916.052. 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 7916.003; 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 7916.003 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 7916.003; 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. 7916.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 7916.102. 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. 7916.103. 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. 7916.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
| project must meet all applicable construction standards, zoning and | ||
| subdivision requirements, and regulations of each municipality in | ||
| whose corporate limits or extraterritorial jurisdiction the road | ||
| project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| Sec. 7916.105. 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. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
| Sec. 7916.151. DIVISION OF DISTRICT; PREREQUISITES. The | ||
| district may be divided into two or more new districts only if the | ||
| district: | ||
| (1) has never issued any bonds; and | ||
| (2) is not imposing ad valorem taxes. | ||
| Sec. 7916.152. 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. | ||
| Sec. 7916.153. 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 area | ||
| described by Section 2 of the Act enacting this chapter. | ||
| Sec. 7916.154. 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, 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 | ||
| 7916.003 to confirm the district's creation. | ||
| (c) 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 the new districts. | ||
| (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. 7916.155. 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 | ||
| 7916.003. | ||
| (b) If the creation of the new district is confirmed, the | ||
| new district shall provide the election date and results to the | ||
| commission. | ||
| Sec. 7916.156. 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 this chapter to | ||
| obtain voter approval. | ||
| Sec. 7916.157. MUNICIPAL CONSENT. Municipal consent to the | ||
| creation of the district and to the inclusion of land in the | ||
| district granted under Section 7916.004 acts as municipal consent | ||
| to the creation of any new district created by the division of the | ||
| district and to the inclusion of land in the new district. | ||
| SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 7916.201. 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 7916.203. | ||
| (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. 7916.202. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 7916.201, 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. 7916.203. 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 F. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 7916.251. 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. 7916.252. 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. 7916.253. 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 Hays County Municipal Utility District No. 7 | ||
| initially includes all the territory contained in the following | ||
| area: | ||
| DESCRIPTION OF NINE (9) PARCELS OF LAND (1) CALLED TO BE | ||
| 1051.23 ACRES OF LAND OUT OF THE ANTHONY G. DAVY SURVEY NO. 38, | ||
| A-148, THE MARCUS D. RAPER SURVEY NO. 37, A-394, AND THE EDWARD W. | ||
| BROWN SURVEY NO. 136, A-44, DESCRIBED IN A DEED TO ANARENE | ||
| INVESTMENTS, LTD., OF RECORD IN VOLUME 2639, PAGE 410, OF THE | ||
| OFFICIAL PUBLIC RECORDS OF HAYS COUNTY TEXAS, (2) CALLED TO BE 206.2 | ||
| ACRES OF LAND OUT OF THE EDWARD W. BROWN SURVEY NO. 136, A-44, AND | ||
| THE PHILIP A. SMITH SURVEY NO. 26, A-415, DESCRIBED IN A DEED TO | ||
| ANARENE INVESTMENTS, LTD., OF RECORD IN VOLUME 2639, PAGE 403, OF | ||
| THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, (3) CALLED TO BE | ||
| 139.16 ACRES OUT OF THE ANTHONY G. DAVY SURVEY NO. 38, A-148, | ||
| DESCRIBED AS TRACT 1, (4) CALLED TO BE 11.02 ACRES OUT OF THE | ||
| ANTHONY G. DAVY SURVEY NO. 39, A-148, DESCRIBED AS TRACT 2, (5) | ||
| CALLED TO BE 11.00 ACRES OUT OF THE ANTHONY G. DAVY SURVEY NO. 38, | ||
| A-148, DESCRIBED AS TRACT 3, (6) CALLED TO BE 11.05 ACRES OUT OF THE | ||
| ANTHONY G. DAVY SURVEY NO. 38, A-148, DESCRIBED AS TRACT 4, (7) | ||
| CALLED TO BE 226.11 ACRES OUT OF THE EDWARD W. BROWN SURVEY NO. 136, | ||
| A-44, DESCRIBED AS TRACT 5, SAVE AND EXCEPT 25.7398 ACRES DESCRIBED | ||
| IN A DEED TO THE CITY OF DRIPPING SPRINGS, OF RECORD IN VOLUME 4467, | ||
| PAGE 508, OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, (8) | ||
| CALLED TO BE 17.80 ACRES OUT OF THE GEORGE W. LINDSEY SURVEY NO. | ||
| 138, A-280, AND THE EDWARD W. BROWN SURVEY NO. 136, A-44, (3-8) ALL | ||
| DESCRIBED IN A DEED TO ANARENE INVESTMENTS, LTD., OF RECORD IN | ||
| VOLUME 2639, PAGE 420, OF THE OFFICIAL PUBLIC RECORDS OF HAYS | ||
| COUNTY, TEXAS, AND (9) CALLED TO BE 29.78 ACRES, DESCRIBED IN A DEED | ||
| TO ANALENE INVESTMENTS, LTD, OF RECORD IN VOLUME 2639, PAGE 400, OF | ||
| THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS. THE FOLLOWING | ||
| DESCRIPTION IS A COMPILATION OF INFORMATION FROM THE ABOVE | ||
| MENTIONED DEEDS OF RECORD AND IN NO WAY REPRESENTS A SURVEY ON THE | ||
| GROUND. | ||
| BEGINNING in the easterly right-of-way of Ranch Road 12, at | ||
| the northwest corner of said 1051.23 acre tract; | ||
| THENCE, with the northerly and easterly lines of said 1051.23 | ||
| acre tract the following nineteen (19) courses: | ||
| 1) N 84° 54' 13" E, 41.10 feet; | ||
| 2) S 54° 58' 12" E, 349.54 feet; | ||
| 3) S 46° 30' 30" E, 373.94 feet; | ||
| 4) S 75° 31' 52" E, 280.39 feet; | ||
| 5) S 87° 28' 36" E, 509.18 feet; | ||
| 6) N 70° 52' 58" E, 436.06 feet; | ||
| 7) N 74° 15' 19" E, 335.56 feet; | ||
| 8) S 60° 04' 22" E, 195.80 feet; | ||
| 9) S 28° 26' 22" E, 244.50 feet; | ||
| 10) S 01° 37' 38" W, 503.50 feet; | ||
| 11) S 16° 09' 38" W, 587.50 feet; | ||
| 12) S 34° 41' 38" W, 697.70 feet; | ||
| 13) S 09° 57' 38" W, 414.80 feet; | ||
| 14) S 20° 16' 22" E, 327.40 feet; | ||
| 15) S 37° 29' 22" E, 126.60 feet; | ||
| 16) S 54° 33' 38" W, 280.20 feet; | ||
| 17) S 62° 30' 22" E, 466.67 feet; | ||
| 18) S 58° 21' 22" E, 511.36 feet; | ||
| 19) S 27° 42' 18" W, 4426.48 feet to the most northerly | ||
| corner of said 29.78 acre tract; | ||
| THENCE, with the easterly line of said 29.78 acre tract, the | ||
| following two (2) courses: | ||
| 1) S 29° 36' 26" E, 931/41 feet; | ||
| 2) S 60° 36' 50" W 1551.06 feet to the northeast corner of | ||
| said 206.2 acre tract; | ||
| THENCE, with the east line of said 206.2 acre tract the | ||
| following fifteen (15) courses: | ||
| 1) S 24° 30' 16" E, 46.65 feet; | ||
| 2) S 15° 29' 56" E, 280.55 feet; | ||
| 3) S 15° 36' 02" E, 182.44 feet; | ||
| 4) S 06° 30' 37" W, 104.00 feet; | ||
| 5) S 02° 19' 28" E, 55.08 feet; | ||
| 6) S 14° 50' 58" W, 71.24 feet; | ||
| 7) S 07° 20' 07" W, 154.45 feet; | ||
| 8) S 07° 07' 05" W, 263.18 feet; | ||
| 9) S 17° 20' 44" W, 196.99 feet; | ||
| 10) S 01° 55' 39" W 330.60 feet; | ||
| 11) S 01° 28' 16" W, 273.89 feet; | ||
| 12) S 04° 26' 22" E, 42.77 feet; | ||
| 13) S 00° 29' 14" E 238.72 feet; | ||
| 14) S 00° 26' 31" W, 353.54 feet; | ||
| 15) S 01° 05' 28" W, 706.28 feet to the southeast corner of | ||
| said 206.2 acre tract; | ||
| THENCE, with the south line of said 206.28 acre tract, the | ||
| following three (3) courses: | ||
| 1) N 87° 23' W, 482.22 feet; | ||
| 2) N 84° 43' W, 425.43 feet; | ||
| 3) N 84° 47' W, 587.97 feet to the southwest corner of said | ||
| 206.2 acre tract; | ||
| THENCE, with the westerly line of said 206.2 acre tract, the | ||
| following four (4) courses: | ||
| 1) N 35° 19' 20" W, 1263.76 feet; | ||
| 2) N 41° 23' 11" W, 1696.56 feet; | ||
| 3) N 41° 43' 03" W, 764.40 feet; | ||
| 4) N 41° 16' 40" W, 437.00 feet to a point in the south line | ||
| of said 1051.23 acre tract at the northwest corner of said 206.2 | ||
| acre tract; | ||
| THENCE, S 88° 07' 17"W, approximately 443.3 feet (calculated) | ||
| to the most southerly southwest corner of said 1051.23 acre tract; | ||
| THENCE, with a westerly line of said 1051.23 acre tract, the | ||
| following nine (9) courses: | ||
| 1) N 03° 04' 29" W, 631.00 feet; | ||
| 2) N 74° 12' 57" E, 295.30 feet; | ||
| 3) N 64° 28' 29" E, 427.51 feet; | ||
| 4) N 02° 32' 52" E 669.83 feet; | ||
| 5) N 86 13' 48" W, 349.56 feet; | ||
| 6) N 03° 46' 12" E, 50.00 feet; | ||
| 7) N 86° 13' 48" W, 120.00 feet; | ||
| 8) N 03° 46' 12" E, 40.00 feet; | ||
| 9) N 86° 13' 48" W, 418.83 feet to a point in the west | ||
| right-of-way line of said Ranch Road 12, at the most westerly | ||
| southwest corner of said 1051.23 acre tract; | ||
| THENCE, S 26° 09' 19" W, across said Ranch Road 12, 456.1 feet | ||
| (calculated), to the southeast corner of said 226.11 acre tract; | ||
| THENCE, N 27° 34' W, with the south line of said 226.11 acre | ||
| tract, 325.2 feet (calculated) to the southeast corner of said | ||
| 25.7398 acre tract out of said 226.11 acre tract; | ||
| THENCE, N 14° 36' 32" E, with the easterly line of said 25.7398 | ||
| acre tract, 1469.96 feet; | ||
| THENCE, N 49° 13' 13" W, with the northerly line of said | ||
| 25.7398 acre tract, 598.82 feet; | ||
| THENCE, S 45° 59' 39" W, with the westerly line of said 25.7398 | ||
| acre tract, 1153.28 feet to a point in the south line of said 226.11 | ||
| acre tract, at the southwest corner of said 25.7398 acre tract; | ||
| THENCE, N 46° 16' W, with the southerly line of said 226.11 | ||
| acre tract, 4567.50 feet to the southwest corner of said 226.11 acre | ||
| tract; | ||
| THENCE, with the west line of said 226.11 acre tract, the | ||
| following five (5) courses: | ||
| 1) N 00° 25' W, 453.14 feet; | ||
| 2) N 00° 31' W 460.69 feet; | ||
| 3) N 00° 13' W, 335.96 feet; | ||
| 4) N 00° 10' W, 332.87 feet; | ||
| 5) N 00° 02' E, 70.40 feet to the northwest corner of said | ||
| 226.11 acre tract; | ||
| THENCE, S 60° 00' E, with the northerly line of said 226.11 | ||
| acre tract, 4804.0 feet (calculated) to the southwest corner of | ||
| said 17.80 acre tract; | ||
| THENCE, with the westerly line of said 17.80 acre tract, the | ||
| following three (3) courses: | ||
| 1) N 29° 48' E, 406.76 feet; | ||
| 2) N 62° 27' W, 425.33 feet; | ||
| 3) N 29° 48' E, 385.15 feet passing the southerly | ||
| right-of-way line of a 50 foot roadway easement, and continuing for | ||
| a total distance of 410.34 feet to a point in the centerline of said | ||
| roadway easement at the northwest corner of said 17.80 acre tract; | ||
| THENCE, with the centerline of said right-of-way easement, | ||
| the following five (5) courses: | ||
| 1) S 67° 33' E, 21.40 feet; | ||
| 2) A curve to the left having an arc distance of 192.52 feet, | ||
| the chord of which bears S 86° 40' E, 188.97 feet; | ||
| 3) N 74° 13' E, 544.89 feet; | ||
| 4) A curve to the right having an arc distance of 192.03 | ||
| feet, the chord of which bears S 86° 04' E, 188.26 feet; | ||
| 5) S 66° 20' E, 109.07 feet to a point in the westerly | ||
| right-of-way line of said Ranch Road 12, at the northeast corner of | ||
| said 17.80 acre tract; | ||
| THENCE, with the westerly right-of-way line of said Ranch | ||
| Road 12, a curve to the right having a radius of 1959.86 feet, an arc | ||
| distance of 511.4 feet, and a chord which bears N 36° 06' 22" E, | ||
| 510.0 feet (calculated) to the most southerly corner of said 11.05 | ||
| acre tract; | ||
| THENCE, with the westerly line of said 11.05 acre tract, said | ||
| 11.00 acre tract, and said 11.02 acre tract, the following four (4) | ||
| courses: | ||
| 1) N 04° 48' W, 327.50 feet; | ||
| 2) N 41° 55' E, 114.00 feet; | ||
| 3) S 75° 06' E, 117.50 feet; | ||
| 4) N 09° 37' W, at 852.55 feet passing the northwesterly | ||
| corner of said 11.05 acre tract, same being the southwesterly | ||
| corner of said 11.00 acre tract, at 1402.67 feet, passing the | ||
| northwesterly corner of said 11.00 acre tract, same being the | ||
| southwesterly corner of said 11.02 acre tract, and continuing for a | ||
| total distance of 1833.86 feet to the northwesterly corner of said | ||
| 11.02 acre tract; | ||
| THENCE, S 58° 44' E, with the northerly line of said 11.02 acre | ||
| tract, 1614.18 feet to a point in the westerly right-of-way line of | ||
| said Ranch Road 12, at the northeasterly corner of said 11.02 acre | ||
| tract; | ||
| THENCE, N 29° 01' 42" E, with the westerly right-of-way line | ||
| of said Ranch Road 12, 1614.9 feet (calculated) to the most easterly | ||
| southeast corner of said 139.16 acre tract; | ||
| THENCE, N 58° 44' W, with the easterly south line of said | ||
| 139.16 acre tract, 600.00 feet to an ell corner of said 139.16 acre | ||
| tract; | ||
| THENCE, with an easterly line of said 139.16 acre tract, the | ||
| following four (4) courses: | ||
| 1) S 31° 16' W, 446.38 feet; | ||
| 2) S 39° 56' W, 156.68 feet; | ||
| 3) S 08° 04' E, 37.25 feet; | ||
| 4) S 31° 16' W, 469.92 feet to the most southerly southeast | ||
| corner of said 139.16 acre tract; | ||
| THENCE, N 58° 44' W, with the westerly south line of said | ||
| 139.16 acre tract, 1466.48 feet to the most southerly southwest | ||
| corner of said 139.16 acre tract; | ||
| THENCE, with the westerly line of said 139.16 acre tract, the | ||
| following four (4) courses: | ||
| 1) N 09° 36' W, 910.69 feet; | ||
| 2) N 29° 46' E, 541.97 feet; | ||
| 3) N 29° 51' E, 867.20 feet; | ||
| 4) N 29° 58' E, 537.44 feet to the northwest corner of said | ||
| 139.16 acre tract; | ||
| THENCE, with the northerly line of said 139.16 acre tract, | ||
| the following thirteen (13) courses: | ||
| 1) S 42° 30' E, 225.80 feet; | ||
| 2) S 17° 52' E, 395.01 feet; | ||
| 3) S 37° 43' E, 432.07 feet; | ||
| 4) S 57° 56' E, 741.70 feet; | ||
| 5) S 41° 58' E, 328.55 feet; | ||
| 6) S 59° 20' E, 143.73 feet; | ||
| 7) S 88° 59' E, 220.97 feet; | ||
| 8) N 74° 41' E, 139.23 feet; | ||
| 9) S 70° 49' E, 284.34 feet; | ||
| 10) S 52° 43' E, 247.45 feet; | ||
| 11) S 68° 29' E, 358.25 feet; | ||
| 12) N 51° 55' E, 134.38 feet; | ||
| 13) S 58° 25' E, 379.90 feet to a point in the westerly | ||
| right-of-way line of said Ranch Road 12, at the northeast corner of | ||
| said 139.16 acre tract; | ||
| THENCE, S 56° 03' 31" E, across said Ranch Road 12,137.2 feet | ||
| (calculated), to the POINT OF BEGINNING. | ||
| 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 | ||
| 7916, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 7916.106 to read as follows: | ||
| Sec. 7916.106. 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 4183 was passed by the House on May | ||
| 12, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 4183 was passed by the Senate on May | ||
| 26, 2015, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
