Bill Text: TX HB4301 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the creation of the Driftwood Conservation District; 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) 2017-06-12 - Effective immediately [HB4301 Detail]
Download: Texas-2017-HB4301-Enrolled.html
H.B. No. 4301 |
relating to the creation of the Driftwood Conservation District; | ||
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 7982 to read as follows: | ||
CHAPTER 7982. DRIFTWOOD CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7982.001. 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 Driftwood Conservation | ||
District. | ||
Sec. 7982.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7982.003. 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. 7982.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7982.003 | ||
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. 7982.005. 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. 7982.006. 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. | ||
Sec. 7982.007. APPLICABILITY OF OTHER LAW. Chapter 257, | ||
Transportation Code, and other general laws applicable to road | ||
districts created under Section 52, Article III, Texas | ||
Constitution, apply to the district. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7982.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7982.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7982.052. 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 7982.003; 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 7982.003 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 7982.003; 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. 7982.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7982.102. 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. 7982.103. 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. 7982.104. 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. 7982.105. IMPROVEMENT PROJECTS. (a) The district may | ||
provide or finance, or contract with a governmental or private | ||
person to provide or finance, the following types of projects or | ||
activities in support of or incidental to one of the projects: | ||
(1) an improvement project that is a public | ||
improvement, facility, or service that may be provided by a | ||
municipal utility district or a municipal management district, | ||
including: | ||
(A) water, wastewater, reclamation, drainage, | ||
road, trail, or bridge improvement; | ||
(B) utilization and reuse of treated effluent in | ||
landscape and other features, including temporary holding | ||
features; | ||
(C) transportation of treated effluent for | ||
reuse; and | ||
(D) injection of treated stormwater runoff or | ||
stormwater collected from roofs into aquifers as storage or to | ||
recharge the aquifer; and | ||
(2) the purchase and maintenance of conservation land | ||
for endangered species, including the cost of: | ||
(A) any permits relating to endangered species or | ||
the maintenance of the land; and | ||
(B) purchasing land or easements for | ||
conservation mitigation. | ||
(b) The district may inject stormwater as authorized by | ||
Subsection (a)(1)(D) without the consent, concurrence, or | ||
authorization of a groundwater conservation district, but only if | ||
the injection is authorized by a commission rule or permit under | ||
Chapter 27, Water Code. | ||
(c) To finance an improvement project under Subsection | ||
(a)(1), the district may, in the manner authorized by: | ||
(1) Chapter 375, Local Government Code, or Chapter 54, | ||
Water Code, use funds derived from: | ||
(A) ad valorem taxes; | ||
(B) sales and use taxes from a strategic | ||
partnership agreement authorized by Section 7982.109; | ||
(C) assessments imposed under Section 7982.201; | ||
(D) revenue from an improvement project; | ||
(E) impact fees; or | ||
(F) any other source; and | ||
(2) Sections 375.201 through 375.205, Local | ||
Government Code, enter into obligations, including: | ||
(A) lease purchase agreements; | ||
(B) certificates of participation in lease | ||
purchase agreements; | ||
(C) general obligation bonds and notes and | ||
revenue bonds and notes; | ||
(D) combination general obligation and revenue | ||
bonds and notes; and | ||
(E) other interest-bearing obligations. | ||
(d) Sections 375.161 through 375.163, Local Government | ||
Code, do not apply to an assessment imposed by the district. | ||
Sec. 7982.106. 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. 7982.107. LIMITATION ON GROUNDWATER USE. In providing | ||
water services to users in the district, the district may not, | ||
except in emergency situations: | ||
(1) develop groundwater on land owned by the district | ||
for use as a potable water source; or | ||
(2) purchase or lease the rights to groundwater | ||
underlying land inside the district for use as a potable water | ||
source. | ||
Sec. 7982.108. 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 enacting 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 | ||
7982.003 to confirm the creation of the district. | ||
(f) An order dividing the district shall: | ||
(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 7982.003. | ||
(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. | ||
Sec. 7982.109. STRATEGIC PARTNERSHIP AGREEMENT. The | ||
district may negotiate and enter into a written strategic | ||
partnership agreement with a municipality under Section 43.0751, | ||
Local Government Code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7982.151. 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 7982.153. | ||
(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. 7982.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7982.151, 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. 7982.153. 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. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND | ||
ASSESSMENTS | ||
Sec. 7982.201. PETITION REQUIRED FOR FINANCING | ||
RECREATIONAL FACILITY OR IMPROVEMENT BY ASSESSMENT. (a) The | ||
district may finance a recreational facility or improvement, | ||
including an improvement project under Section 7982.105, with | ||
assessments on residential or commercial property or both | ||
residential and commercial property under this subchapter, but only | ||
if: | ||
(1) a written petition requesting that facility or | ||
improvement has been filed with the board; and | ||
(2) the district holds a hearing on the proposed | ||
assessments. | ||
(b) The petition must be signed by the owners of a majority | ||
of the assessed value of real property in the district subject to | ||
assessment according to the most recent certified tax appraisal | ||
roll for the county. | ||
Sec. 7982.202. METHOD OF NOTICE FOR HEARING. The district | ||
shall mail notice of the hearing to each property owner in the | ||
district who will be subject to the assessment at the current | ||
address to be assessed as reflected on the tax rolls. The district | ||
may mail the notice by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 7982.203. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An | ||
assessment or a reassessment imposed under this subchapter by the | ||
district, penalties and interest on an assessment or reassessment, | ||
an expense of collection, and reasonable attorney's fees incurred | ||
by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(b) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(c) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 7982.204. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND | ||
ASSESSMENTS. The district may not impose an impact fee or | ||
assessment on the property, including the equipment, | ||
rights-of-way, facilities, or improvements, of: | ||
(1) an electric utility or a power generation company | ||
as defined by Section 31.002, Utilities Code; | ||
(2) a gas utility as defined by Section 101.003 or | ||
121.001, Utilities Code; | ||
(3) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(4) a person who provides to the public cable | ||
television or advanced telecommunications services. | ||
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7982.251. 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. 7982.252. 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. 7982.253. 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. | ||
SUBCHAPTER G. DEFINED AREAS | ||
Sec. 7982.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||
DESIGNATED PROPERTY. The district may define areas or designate | ||
certain property of the district to pay for improvements, | ||
facilities, or services that primarily benefit that area or | ||
property and do not generally and directly benefit the district as a | ||
whole. | ||
Sec. 7982.302. PROCEDURE FOR ELECTION. (a) Before the | ||
district may impose an ad valorem tax or issue bonds payable from ad | ||
valorem taxes of the defined area or designated property, the board | ||
shall hold an election in the defined area or in the designated | ||
property only. | ||
(b) The board may submit the issues to the voters on the same | ||
ballot to be used in another election. | ||
Sec. 7982.303. DECLARING RESULT AND ISSUING ORDER. (a) If | ||
a majority of the voters voting at the election approve the | ||
proposition or propositions, the board shall declare the results | ||
and, by order, shall establish the defined area and describe it by | ||
metes and bounds or designate the specific property. | ||
(b) A court may not review the board's order except on the | ||
ground of fraud, palpable error, or arbitrary and confiscatory | ||
abuse of discretion. | ||
Sec. 7982.304. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||
approval and adoption of the order described by Section 7982.303, | ||
the district may apply separately, differently, equitably, and | ||
specifically its taxing power and lien authority to the defined | ||
area or designated property to provide money to construct, | ||
administer, maintain, and operate services, improvements, and | ||
facilities that primarily benefit the defined area or designated | ||
property. | ||
Sec. 7982.305. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||
DESIGNATED PROPERTY. After the order under Section 7982.303 is | ||
adopted, the district may issue bonds to provide for any land, | ||
improvements, facilities, plants, equipment, and appliances for | ||
the defined area or designated property. | ||
SECTION 2. The Driftwood Conservation District initially | ||
includes all the territory contained in the following area: | ||
Tract I | ||
FIELDNOTE DESCRIPTION of a 394.112 acre tract out of the | ||
Freelove Woody Survey No. 23, Hays County, Texas, being a portion | ||
of that 700.03 acre tract conveyed to John Richard Rutherford by | ||
deed recorded in Volume 1214, Page 548 of the Deed Records of Hays | ||
County, Texas; the said 394.112 acre tract is more particularly | ||
described by metes and bounds as follows: | ||
BEGINNING at a calculated point for the most westerly corner | ||
of the said 700.03 acre tract, being on the southerly line of that | ||
100 acre tract conveyed to Masa Scott Roberts by deed recorded in | ||
Volume 301, Page 865 of the said Deed Records, and a point in the | ||
northerly right-of-way line of State Highway FM 967 (80.00' | ||
right-of-way), from which a TxDOT concrete highway monument found | ||
bears N41 10'07"Q, 85.92 feet; | ||
THENCE, leaving the northerly right-of-way line of State | ||
Highway FM 967, with the common line between the said 700.03 acre | ||
tract and the said 100 acre tract, for the following two (2) | ||
courses: | ||
1. N88 43'28"E at .25 feed pass a 1/2" iron rod found, | ||
for a total distance of 2005.48 feet to a 60d nail found in a fence | ||
corner post for the southeast corner of the said 100 acre tract; | ||
2. N00 59'15"W, 515.50 feet to a 5/8" iron rod found | ||
stamped "Kent McMillon, Land Surveyor, RPLS 4341", for a northwest | ||
corner of the said 700.03 acre tract, being on a westerly line of | ||
the remainder of that 535.13 acre tract conveyed to Michael Giles | ||
Rutherford, Jr., John Richard Rutherford and Sally Anne Rutherford | ||
by deed recorded in Volume 1214, Page 531 of the said Deed Records, | ||
from which a 1/2 " iron rod found for the northeast corner of the | ||
said 100 acre tract bears N00 59'15"W, 523.55 feet; | ||
THENCE, N89 02'23"E, leaving the easterly line of the said | ||
100 acre tract, across the said 535.13 acre tract, with northerly | ||
line of the said 700.03 acre tract, 5479.22 feet to a 1/2 " iron rod | ||
set with plastic cap for the northeast corner of the herein | ||
described tract, being in the westerly line of the remainder of that | ||
652.60 acre tract also conveyed to Michael Giles Rutherford, Jr., | ||
John Richard Rutherford and Sally Anne Rutherford by deed recorded | ||
in Volume 1214, Page 531 of the said Deed Records; | ||
THENCE, leaving the said remainder of the 535. 13 acre tract | ||
and the 652.60 acre tract, across the said 700.03 acre tract for the | ||
following three (3) courses: | ||
1) S00 15'40 E, 514.97 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
2) S89 02'23"W, 15.17 feet to a fence comer post found; | ||
3) S00°27'04"E, 1260. 14 feet to a metal fence corner | ||
post found for an ell corner in the southerly line of the said | ||
700.03 acre tract, being on the remainder of that certain tract, | ||
described as First Tract, conveyed to Michael Giles Rutherford by | ||
deed recorded in Volume 197, Page 45 of the said Deed Records, from | ||
which a 5/8" iron rod found with aluminum cap stamped "Kent | ||
McMillan, Land Surveyor, RPLS 4341" bears N87 l'36"E, 1675.22 feet; | ||
THENCE, S0l°00'52"E, across the said Michael Giles Rutherford | ||
First Tract, with an easterly line of the said 700.03 acre tract, | ||
17.61 feet to a 5/8" iron rod found with aluminum cap stamped "Kent | ||
McMillan, Land Surveyor, RPLS 4341" for the most easterly, | ||
southeast comer of the herein described tract, from which a fence | ||
corner post found for the most southerly, southeast corner of the | ||
aforesaid 700.03 acre tract, being an ell comer of the said Michael | ||
Giles Rutherford tract and the northeast corner of that certain | ||
26.25 acre tract conveyed to Denton E. Ragland, Patrice Ragland and | ||
Marilyn Ragland by deed recorded in Volume 282, Page 373 of the said | ||
Deed Records bears S0l°00'52"E, 2121.99 feet; | ||
THENCE, leaving the remainder of the said Michael Giles | ||
Rutherford tract, across the said 700.03 acre tract, for the | ||
following twenty-three (23) courses: | ||
1) N83°13'49"W, 111.37 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
2) N81°56'14"W, 349.24 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
3) N7l'0l'01"W, 274.19 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
4) N78°02'17"W, 468.3I feet to a 1/2" iron rod set with | ||
plastic cap; | ||
5) N82°55' 15"W, 267.33 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
6) S71°57'45"W, 177.28 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
7) N78'37'03"W, 375.19 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
8) S65°03'19"W, 84.41 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
9) S33°11'56"W, 124.67 feet to a1/2"iron rod set with | ||
plastic cap; | ||
10) S01°02'08'W 168.03 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
11) S27 03' 16"W, 206.14 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
12) S17°49'54"W, 197.44 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
13) S30°34'17"W, 272.18 feet to a to a 1/2" iron rod set | ||
with plastic cap; | ||
14) S12°51'33"W, 225.06 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
15) S08°30'37"E, 228.34 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
16) S17°32'26"W 215.74 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
17) S18°36'23"W, 192.00 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
18) S01°16'37"E, 177.11 feet to a 1/2" iron rod set | ||
with plastic cap: | ||
19) S63°12'48"W, 153.98 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
20) S45°13'37"W, 150.25 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
21) S29°56'27"W, 113.65 to a 1/2" iron rod set with | ||
plastic cap: | ||
22) S60°22'29"W, 114.26 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
23) S26 35'43"W, 75.57 feet to a 5/8" iron rod found | ||
with aluminum cap, stamped "Kent McMillan, Land Surveyor, RPLS | ||
4341", on the southerly line of the said 700.03 acre tract, being on | ||
the notherly right-of-way line of the aforesaid Sate Highway FM | ||
967, and being 40.00 feet right of State Highway centerline station | ||
587+49.3; | ||
THENCE, with the common line between the said 700.03 | ||
acre tract and the said right-of-way line of State Highway FM | ||
967, for the following two (2) courses: | ||
1) N89 12'09"W, at 750.58 feet pass a TxDOT concrete | ||
highway monument found, for a total distance of 1247.30 feet to a | ||
calculated point for the point of curvature of a non-tangent curve | ||
to the right, from which a TxDOT concrete highway monument found | ||
bears S01 07'48"W, 0.38 feet, said calculated point being 40.00 | ||
feet right of State Highway centerline station 599+95.5; | ||
2) With the said curve to the right having a central | ||
angle of 48 00'30", a radius of 1105.92 feet, a chord distance of | ||
899.79 feet (chord bears N65 10'23"W), for an arc distance of 926.66 | ||
feet to a calculated point for the point of tangency, from which a | ||
TxDOT concrete highway monument found bears N81 52'12"E, 1.37 feet, | ||
said calculated point being 40.00 feet right of State Highway | ||
centerline station 609+55.5; | ||
THENCE, N41 10'07"W, continuing with the common line between | ||
the said 700.03 acre tract and the northerly right-of-way line of | ||
State Highway FM967, at 1393.60 feet pass a TxDOT concrete monument | ||
found 0.28 feet to the left, at 2244.39 feet pass a TxDOT concrete | ||
highway monument found, for a total distance of 3675.62 feet to the | ||
PLACE OF BEGINNING, CONTAINING within these metes and bounds | ||
394.112 acres of land area. | ||
TRACT II. | ||
FIELDNOTE DESCRIPTION of a 128.166 acre tract out of the | ||
Freelove Woody Survey No.23, Hays County, Texas, being a portion of | ||
that 700.03 acre tract conveyed to John Richard Rutherford by deed | ||
recorded in Volume 1214, page 548 of the Deed Records of Hays | ||
County, Texas; the said 128.166 acre tract is more particularly | ||
described by metes and bounds as follows: | ||
BEGINNING at a fence corner post found for the most southerly | ||
southeast corner of the said 700.03 acre tract, being the northeast | ||
corner of that 26.25 acre tract conveyed to Denton Ragland, Jr., | ||
Patrice Ragland and Marilyn Ragland by deed recorded in Volume 282, | ||
Page 372 of the said Deed Records and an ell corner of that certain | ||
tract, described as first tract, conveyed to Michael Giles | ||
Rutherford recorded in Volume 197, page 45 of the said Deed Records, | ||
from which a fence corner post found in the common line between the | ||
said 26.25 acre tract and that certain Michael Giles Rutherford | ||
tract bears S00 42'40"E, 446.87 feet; | ||
THENCE, N88 53'01'W, leaving the said Michael Giles | ||
Rutherford tract, with the southerly line of the said 700.03 acre | ||
tract, at 21.54 feet pass a 5/8" iron rod found, stamped "Kent | ||
McMillan, Land Surveyor, RPLS 4341", 0.56 feet to the left, at | ||
719.81 feet pass the approximate northwest corner of the said 26.25 | ||
acre tract, being approximate northeast corner of the remainder of | ||
that 53.50 acre tract conveyed to Minnie Rogers by deed recorded in | ||
Volume 210, Page 210 of the said Deed Records, for a total distance | ||
of 2711.59 feet to a 5/8" iron pipe found on a curve to the left in | ||
the northerly right of way line of State Highway FM 967; | ||
THENCE, with the common line between the said 700.03 acre | ||
tract and the northerly right-of-way line of State Highway 967, | ||
with the said curve to the left having a central angle of 09 18'06", | ||
a radius of 1949.86 feet, a chord distance of 316.20 feet(chord | ||
bears N84 31'41"W), for an arch distance of 316.55 feet to a 5/8" | ||
iron rod found with aluminum cap stamped "Kent McMillan, Land | ||
Surveyor, RPLS 4341" for the point of tangency and southwest corner | ||
of the herein described tract, said point being 40.00 feet right of | ||
State Highway RM 967 centerline station 587+49.3, from which a 5/8" | ||
iron rod found with aluminum cap stamped "Kent McMillan, Land | ||
Surveyor, RPLS 4341" in the common line between said 700.03 acre | ||
tract and northerly right-of-way line of State Highway FM 967, | ||
being 40.00 feet right of State Highway FM 967 centerline station | ||
599+95.5, bears N89 12'09"W, 1247.30 feet; | ||
THENCE, leaving the said northerly right-of-way line of State | ||
Highway FM 967, across the said 700.03 acre tract, for the following | ||
twenty-three (23) courses: | ||
1. N26 35'43"E, 75.57 feet to a 1/2" iron rod set with | ||
plastic cap: | ||
2. N60 22'29"E, 114.26 feet to a 1/2" iron rod set with | ||
plastic cap: | ||
3. N29 56'27"E, 113.65 feet to a 1/2" iron rod set with | ||
plastic cap: | ||
4. N45 13'37"E, 150.25 feet to a 1/2" iron rod set with | ||
plastic cap: | ||
5. N63 12'48"E, 153.98 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
6. N01 16'37"W, 177.11 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
7. N18 36'23"E, 192.00 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
8. N17 32'26"E, 215.74 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
9. N08 30'37"W, 228.34 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
10. N12 51'33"E, 225.06 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
11. N30 34'17"E, 272.18 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
12. N17 49'54"E 197.44 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
13. N27 03'16"E, 206.14 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
14. N01 02'08"E, 168.03 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
15. N33 11'56"E, 124.67 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
16. N65 03'19"E, 84.41 feet to a 1/2" iron rod set with | ||
plastic cap; | ||
17. S78 37'03"E, 375.19 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
18. N71 57'45"E, 177.28 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
19. S82 55'15"E, 267.33 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
20. S78 02'17"E, 468.31 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
21. S71 01'01"E, 274.19 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
22. S81 56'14"E, 349.24 feet to a 1/2" iron rod set | ||
with plastic cap; | ||
23. S83 13'49"E, 111.37 feet to a 5/8" iron rod found | ||
with aluminum cap stamped "Kent McMillan, Land Surveyor, RPLS 4341" | ||
on an easterly line of the said 700.03 acre tract, being a westerly | ||
line created from the remainder of that certain Michael Giles | ||
Rutherford tract, form which a metal gate post found for an ell | ||
corner of the said 700.03 acre tract bears N01 00'52"W, 17.61 feet; | ||
THENCE, S01 00'52"E, across the said Michael Giles Rutherford | ||
tract, with an easterly line of the said 700.03 acre tract, at a | ||
distance of 1885.44 feet to the left, at 2084.56 feet pass a 5/8" | ||
iron rod found, stamped "Kent McMillan, Land Surveyor, RPLS 4341", | ||
0.07 feet to the left, for a total distance of 2104.37 feet to the | ||
PLACE OF BEGINNING, CONTAINING within these metes and bounds of | ||
128.166 acres of land area. | ||
TRACT III | ||
FIELDNOTE DESCRIPTION OF A 0.1793 acre tract of the Freelove | ||
Woody Survey No. 23, Abstract No.20, Hays County, Texas, being a | ||
portion of that certain tract, described as First Tract, conveyed | ||
to Michael Giles Rutherford (First Tract) by deed recorded in | ||
Volume 197, Page 45 of the Deed Records of Hays County, Texas; the | ||
said 0.1793 acre tract is more particularly described by metes and | ||
bounds as follows: | ||
BEGINNING at a cotton in spindle found on the easterly line of | ||
that 522.25 acre tract conveyed to Michael Giles Rutherford by deed | ||
recorded in Volume 3799, Page 263 of the Official Public Records of | ||
Hays County, Texas, same being the southwest corner of that 177.762 | ||
acre tract described as Exhibit A-1, as conveyed to LSM Ranch, Ltd. | ||
By deed recorded in Volume 1628, Page 206 of the said Deed Records | ||
and the proposed southwest corner of Rim Rock, Phase One, Section | ||
Five, subdivision; | ||
THENCE, N87 51'36"E, leaving the easterly line of the said | ||
522.25 acre tract, across the said First Tract, with the southerly | ||
line of the said 177.762 acre tract and proposed Rim Rock, Phase | ||
One, Section Five subdivision, for a distance of 99.82 feet to a | ||
calculated point for the northeast corner of the herein described | ||
tract, same being the most northerly northwest corner of Lot 34, | ||
Block 'A', Rutherford West, Section 2, a subdivision recorded in | ||
Book 14, pages 49 through 53 of the Plat Records of Hay County, | ||
Texas, from which a 1/2"iron rod found with plastic cap marked | ||
"Capital Surveying Company, Inc", bears N00 32'40"W, 0.13 feet; | ||
THENCE, leaving the southerly line of the said 177.762 acre | ||
tract and proposed Rim Rock, Phase One, Section Five, subdivision, | ||
across the said First Tract, with the westerly and northerly lines | ||
of said Lot 34, Block 'A", for the following two (2) courses: | ||
1. S00 32'40"E, 81.34 feet to a 1/2"iron rod found with | ||
plastic cap marked "Capital Surveying Company, Inc., found; | ||
2. N88 52'48"W, 99.21 feet 1/2"iron rod found with | ||
plastic cap marked "Capital Surveying Company, Inc., found for the | ||
most westerly northwest corner of aforesaid Lot 34, Block 'A', same | ||
being on the easterly line of the aforesaid 522.25 acre tract and | ||
the southwest corner of the herein described tract; | ||
THENCE, N01 00'52"W, leaving the northerly line of said Lot | ||
34, Block 'A', and continuing across the said First Tract, easterly | ||
line of the aforesaid 522.25 acre tract, at a distance of 58.07 feet | ||
pass a 5/8" iron rod, with aluminum cap marked "Kent McMillan, | ||
Surveyor, RPLS 4341", found and continuing for a total distance of | ||
75.68 feel to the PLACE OF BEGINNING, CONTAINING within these metes | ||
and bounds 0.1793 acres of land area. | ||
The Bearing Basis for this description is the Texas State | ||
Plane Coordinate System, South Central Zone, NAD 83 Datum, derived | ||
from GPS Survey occupations. | ||
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 | ||
7982, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7982.110 to read as follows: | ||
Sec. 7982.110. 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, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4301 was passed by the House on May | ||
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4301 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |