Bill Text: TX HB4580 | 2021-2022 | 87th Legislature | Enrolled

---

Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 202; 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: (Passed) 2021-06-15 - Effective on 9/1/21 [HB4580 Detail]

Download: Texas-2021-HB4580-Enrolled.html

---

H.B. No. 4580

AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 202; 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 8051 to read as follows:
CHAPTER 8051. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 202
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8051.0101. 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 Montgomery County Municipal
Utility District No. 202.
Sec. 8051.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8051.0103. CONFIRMATION AND DIRECTOR 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. 8051.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8051.0103 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. 8051.0105. 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. 8051.0106. 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. 8051.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8051.0202, directors
serve staggered four-year terms.
Sec. 8051.0202. TEMPORARY DIRECTORS. (a) On or after
September 1, 2021, 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 8051.0103; or
(2) September 1, 2025.
(c) If permanent directors have not been elected under
Section 8051.0103 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 8051.0103; 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. 8051.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8051.0302. 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. 8051.0303. 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. 8051.0304. 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. 8051.0305. 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. 8051.0306. 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
8051.0103 to confirm the district's creation.
(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 8051.0103. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8051.0104 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.
(j) 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8051.0401. 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 8051.0403.
(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. 8051.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8051.0401, 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. 8051.0403. 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. 8051.0501. 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. 8051.0502. 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. 8051.0503. 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 Montgomery County Municipal Utility District
No. 202 initially includes all the territory contained in the
following area:
Fieldnotes for 106.040 acre tract in the William Starrock Survey,
A-486
Being 106.040 acres out of the William Starrock Survey, A-486,
Montgomery County, Texas, and being out of and a part of that
certain called 1,932.293 acre tract described in deed from Judy C.
Campbell to Judy Carol Campbell, as Trustee of the JCC Living Trust
dated December 15, 2011, as recorded in Montgomery County Clerk's
File (MCCF) 2012031320 of the Deed Records of Montgomery County,
Texas, and being more particularly described by metes and bounds as
follows:
The bearings in this description are based on The Texas State Plane
Coordinate System, NAD 83, Central Zone.
COMMENCING at the easternmost corner of the William Starrock
Survey, A-486, said point being a 3/4" iron pipe found in the west
line of the Jonathan C. Pitts Survey, A-28, and the northwesterly
line of the John Montgomery Survey, A-349;
THENCE S42°17'06"W along the south line of the Starrock Survey a
distance of 767.10 feet to a disturbed iron pipe found for the
BEGINNING corner of the tract herein described;
THENCE S42°17'06"W continuing along the common line to the Starrock
and Montgomery surveys a distance of 2,546.55 feet to a 5/8" iron
rod stamped "JNS ENGINEERS" was found in the east line of that
certain called 32.4713 acre tract conveyed to Montgomery County in
MCCF 8842541;
THENCE along the east line of the called 32.4713 acre tract
N48°22'15"W a distance of 666.24 feet to the southeastern corner of
that certain called 29.4157 acre tract conveyed to Montgomery
County as recorded in MCCF 2009109715 and a 5/8" iron rod with cap
stamped "W E SMITH 1982" found for corner;
THENCE N28°31'44"W along the east line of the called 29.4157 acre
tract 705.32 feet to a 5/8" iron rod stamped "W E SMITH 1982" was
found for corner at the northeast corner of the called 29.4157 acre
tract and the southeast line of that certain called 20.0872 acre
tract conveyed to Montgomery County as recorded in MCCF 2009109716;
THENCE N37°02'56"W along the east line of the called 20.0872 acre
tract, at a distance of 500.03 feet pass the northeast corner of the
called 20.0872 acre tract, same being the southeast corner of that
certain called 20.0872 acre tract conveyed to Montgomery County in
MCCF 2010003943, and continuing along the east line of the second
called 20.0872 acre tract at a distance of 1,000.06 feet pass the
northeast corner of said second called 20.0872 acre tract and
continuing for a total distance of 1,163.71 feet to a 5/8" iron rod
with plastic cap stamped "W E SMITH 1982" found for corner in the
south line of FM 1484, a variable width right of way;
THENCE along the southeastern right of way of FM 1484 as follows:
THENCE N60°14'59"E a distance of 23.87 feet to a TXDOT Monument
found for corner;
THENCE N33°56'50"E a distance of 81.35 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" set for corner;
THENCE along a curve to the right, said curve having a radius of
1,829.86 feet, a central angle of 26°18'42", an arc length of 840.32
feet, and a chord bearing N76°26'04"E a distance of 832.96 feet to a
5/8" iron rod with plastic cap stamped "PAPE-DAWSON" set for
corner;
THENCE N89°37'22"E a distance of 251.48 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" set for corner;
THENCE S60°22'35"E a distance of 160.00 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" set for corner;
THENCE N89°37'22"E a distance of 182.87 feet to a TXDOT Monument
found for corner;
THENCE N59°37'19"E a distance of 160.00 feet to a 5/8" iron rod found
for corner;
THENCE N89°37'22"E a distance of 140.98 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" found for corner;
THENCE along a curve to the left, said curve having a radius of
1,989.00 feet, a central angle of 21°34'42", an arc length of 749.08
feet, and a chord bearing N78°50'01"E a distance of 744.66 feet to a
5/8" iron rod found for corner;
THENCE S81°57'27"E along the south right of way line a distance of
96.57 feet to a 5/8" iron rod with plastic cap stamped "PAPE-DAWSON"
found for corner;
THENCE along a curve to the left, said curve having a radius of
2,039.00, a central angle of 3°24'08", an arc distance of 121.08'
and a chord bearing N63°59'33"E a distance of 121.06 feet to a TXDOT
Monument found for corner;
THENCE N29°56'31"E a distance of 96.57 feet to a TXDOT Monument
found for corner;
THENCE along a curve to the left, said curve having a radius of
1,989.00 feet, a central angle of 20°23'02", an arc length of 707.62
feet, and a chord bearing N49°44'56"E a distance of 703.89 feet to a
5/8" iron rod with plastic cap stamped "PAPE-DAWSON" set for
corner;
THENCE N87°26'42"E a distance of 52.98 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" set for corner;
THENCE along a curve to the right, said curve having a radius of
170.00 feet, a central angle of 43°38'56", an arc length of 129.51
feet, and a chord which bears S15°27'26"E a distance of 126.40 feet
to a TXDOT Disk for corner;
THENCE S83°33'23"E a distance of 20.05 feet to a TXDOT Disk for
corner;
THENCE S06°08'31"W a distance of 993.19 feet to the place of
BEGINNING, containing 106.040 acres of land, more or less.
Fieldnotes for 92.255 acre tract in the William Starrock Survey,
A-486
Being 92.255 acres out of the William Starrock Survey, A-486,
Montgomery County, Texas, and being out of and a part of that
certain called 1,932.293 acre tract described in deed from Judy C.
Campbell to Judy Carol Campbell, as Trustee of the JCC Living Trust
dated December 15, 2011, as recorded in Montgomery County Clerk's
File (MCCF) 2012031320 of the Deed Records of Montgomery County,
Texas, and being more particularly described by metes and bounds as
follows:
The bearings in this description are based on The Texas State Plane
Coordinate System, NAD 83, Central Zone.
BEGINNING at a 5/8" iron rod with cap stamped "PAPE-DAWSON" set for
the northernmost corner of Restricted Reserve "A", Block 3, of R A
Deison Technology Park, the map of which is recorded in Cabinet Z,
Sheets 2332-2336 of the Map Records of Montgomery County, Texas,
said point falling in the southwest line of Technology Park Drive,
based on a width of 120 feet;
THENCE S37°42'35"W along the northwesterly line of said Restricted
Reserve "A" a distance of 354.47 feet to a 1/2" iron rod with cap
found for corner;
THENCE S03°25'17"W continuing along the northwesterly line of said
Restricted Reserve "A" a distance of 1,319.73 feet to a 1/2" iron
rod with cap stamped "JONES & CARTER" found for corner at the
southwest corner of said Restricted Reserve "A", said point also
being in the north line of that certain called 60.000 acre tract
conveyed Montgomery County as recorded in MCCF 99012455;
THENCE S75°22'50"W along the north line of said called 60.000 acre
tract a distance of 1,431.77 feet to a 5/8" iron rod with plastic
cap stamped "PAPE-DAWSON" set for corner in the easterly line of FM
1484, a variable width right of way;
THENCE along the easterly line of said FM 1484 as follows:
N03°26'27"E a distance of 61.50 feet to a 5/8" iron rod
with plastic cap stamped "PAPEDAWSON";
N33°26'32"E a distance of 60.61 feet to a TXDOT
Monument;
N03°29'58"E a distance of 56.09 feet to a TXDOT
Monument;
N26°33'35"W a distance of 60.72 feet to a 5/8" iron rod
with plastic cap stamped "PAPEDAWSON";
N03°26'27"E a distance of 479.16 feet a 5/8" iron rod
with plastic cap stamped "PAPEDAWSON";
N33°26'32"E a distance of 40.26 feet to a TXDO
Monument;
N03°26'27"E a distance of 180.92 feet to a 5/8" iron rod
with plastic cap stamped "PAPEDAWSON";
N26°41'45"W a distance of 40.10 feet to a 5/8" iron rod;
N03°26'27"E a distance of 1,416.78 feet to a TXDOT
Monument marking a point of curve of a curve to the
right;
THENCE along said curve to the right, a radius of 2,920.00 feet, a
central angle of 26°42'33", an arc length of 1,361.20 feet, and a
chord bearing N16°47'43"E a distance of 1,348.91 feet to a 5/8" iron
rod found for corner at a cutback corner to the intersection with
the southwesterly line of Technology Park Drive;
THENCE along said cutback N76°07'24"E a distance of 34.90 feet to a
5/8" iron rod with plastic cap stamped "PAPE-DAWSON" set for
corner;
THENCE continuing along the southwesterly line of Technology Park
Drive S58°08'54"E a distance of 124.35 feet to a 1/2" iron rod with
cap stamped "MOON" set at the point of curve of a curve to the right;
THENCE along said curve to the right, having a radius of 930.00
feet, a central angle of 36°23'11", an arc length of 590.61 feet, and
a chord bearing S39°57'19"E a distance of 580.73 feet to a 1/2" iron
rod with cap stamped "MOON" found at the point of tangency of said
curve;
THENCE continuing along the southwesterly line of Technology Park
Drive S21°45'43"E a distance of 801.94 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" set at the point of curve of a
curve to the left;
THENCE along the southwesterly line of Technology Park Drive, along
a curve to the left, said curve having a radius of 1,070.00 feet, a
central angle of 30°31'41", an arc length of 570.11 feet, and a chord
bearing S37°01'34"E a distance of 563.39 feet to the place of
BEGINNING, containing 92.255 acres of land, more or less.
Fieldnotes for 311.056 acre tract in the William Starrock Survey,
A-486
Being 311.056 acres out of the William Starrock Survey, A-486,
Montgomery County, Texas, and being out of and a part of that
certain called 1,932.293 acre tract described in deed from Judy C.
Campbell to Judy Carol Campbell, as Trustee of the JCC Living Trust
dated December 15, 2011, as recorded in Montgomery County Clerk's
File (MCCF) 2012031320 of the Deed Records of Montgomery County,
Texas, and being more particularly described by metes and bounds as
follows:
The bearings in this description are based on The Texas State Plane
Coordinate System, NAD 83, Central Zone.
BEGINNING at a 5/8" iron rod stamped "Moyer", said point being the
intersection of the southwesterly line of the Starrock Survey and
the northeasterly line of the Lewis Neal Survey, A395, with the east
line of Conroe Park North, Section 6, the map of which is recorded
in Cabinet Z, sheets 1691 to 1705 of the map records of Montgomery
County, Texas, and being the southwest corner of the called
1,932.293 acre tract;
THENCE N05°42/06"W along the east line of Conroe Park North, Section
6, a distance of 3,592.66 feet to a 5/8" iron rod with cap stamped
"Arborleaf" found for corner at the intersection of said line and
the southerly line of Proposed League Line Road Extension;
THENCE along the southerly line of Proposed League Line Road
Extension as follows:
N84°34'39"E a distance of 285.69 feet to a 5/8" iron rod with plastic
cap stamped "Arborleaf found for corner at the point of curve of a
curve to the right:
THENCE along said curve to the right, having a radius of 4,935.00
feet, a central angle of 9°5151", an arc length of 849.62 feet, and a
chord bearing N89°30'34"E 848.57 feet to a 5/8" iron rod with
plastic cap stamped "Arborleaf" found for corner;
THENCE S87°53'02"E a distance of 98.88 feet to a 5/8" iron rod with
plastic cap stamped "Arborleaf" found for corner;
THENCE along a curve to the right, said curve having a radius of
4,940.00 feet, central angle of 5°43'47", an arc length of 494.00
feet, and a chord bearing S81°32'52"E 493.80 feet to a 5/8" iron rod
with plastic cap stamped "Arborleaf" found for corner;
THENCE S75°12'41"E a distance of 98.87 feet to a 5/8" iron rod with
plastic cap stamped "Arborleaf" found for corner;
THENCE along a curve to the right, said curve having a radius of
4,935.00 feet, central angle of 10°18'48", an arc length of 888.30
feet, and a chord bearing S72°22'49"E 887.10 feet to a 5/8" iron rod
with plastic cap stamped "Arborleaf" found for corner;
THENCE S69°32'57"E a distance of 98.87 feet to a 5/8" iron rod with
plastic cap stamped "Arborleaf" found for corner;
THENCE along a curve to the right, said curve having a radius of
4,940.00 feet, a central angle of 7°53'38", an arc length of 680.61
feet and a chord bearing S62°07'51"E 680.07 feet to a 5/8" iron rod
with plastic cap stamped "Arborleaf" found for corner;
THENCE S58°11'02"E a distance of 227.95 feet to a 5/8" iron rod with
plastic cap stamped "Arborleaf" found for corner at the cutback
with the intersection of the southerly line of the Proposed
Extension of League Line Road and the westerly line of FM 1484;
THENCE along said cutback S13°51'27"E a distance of 35.77 feet to a
5/8" iron rod°° with plastic cap stamped "Arborleaf" found in the
westerly line of FM 1484;
THENCE along the westerly line of FM 1484 along a curve to the left,
said curve having a radius of 3,080.00 feet, an central angle of
26°47'39", an arc length of 1,440.35 feet and a chord bearing
S16°50'16"W a distance of 1,427.26 feet to a TxDOT Aluminum Disk
found for corner;
THENCE continuing along the west line of FM 1484 as follows:
S03°25'57"W a distance of 1436.77 feet to a to a 5/8"
iron rod found for corner;
S33°20'39"W a distance of 40.06 feet to a TxDOT
Aluminum Disk found for corner;
S03°25'25"W a distance of 110.86 feet to a TxDOT
Aluminum Disk found for corner;
S26°43'05"E a distance of 39.84 feet to a TxDOT
Aluminum Disk found for corner;
S03°26'27"W a distance of 570.00 feet to 5/8" iron rod
found for corner;
S33°26'31"W a distance of 60.00 feet to a TxDOT
Aluminum Disk found for corner;
S03°26'28"W a distance of 91.44 feet to a TxDOT
Aluminum Disk found for corner;
S26°33'35"E a distance of 99.43 feet to a TxDOT
Aluminum Disk found for corner;
S03°26'27"W a distance of 183.03 feet to a 5/8" iron rod
with plastic cap stamped "PAPEDAWSON" set for corner;
THENCE continuing along the west line of FM 1484, along a curve to
the right, said curve having a radius of 1,940.00 feet, a central
angle of 23°50'05", an arc length of 807.03 feet, and a chord bearing
S15°21'29"W a distance of 801.22 feet to a TxDOT Aluminum Disk found
for corner;
THENCE S55°51'13"W a distance of 63.92 feet to a TxDOT Aluminum Disk
found for corner;
THENCE along a curve to the right, said curve having a radius of
1,910.00 feet, a central angle of 01°45'17", an arc length of 58.50
feet, and a chord bearing S29°47'27"W a distance of 58.50 feet to a
5/8" iron rod with plastic cap stamped "PAPE-DAWSON" set for
corner;
THENCE S02°09'03"W a distance of 48.99 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" set for corner in the
southwesterly line of the called 1,932.293 acre tract and the
common line to the William Starrock Surey and the Lewis Neal Survey;
THENCE N47°45'37"W along said common line a distance of 3,180.95
feet to the place of BEGINNING, containing 311.056 acres of land,
more or less.
Fieldnotes for 192.043 acre tract in the William Starrock Survey,
A-486
Being 192.043 acres out of the William Starrock Survey, A-486,
Montgomery County, Texas, and being out of and a part of that
certain called 1,932.293 acre tract described in deed from Judy C.
Campbell to Judy Carol Campbell, as Trustee of the JCC Living Trust
dated December 15, 2011, as recorded in Montgomery County Clerk's
File (MCCF) 2012031320 of the Deed Records of Montgomery County,
Texas, and being more particularly described by metes and bounds as
follows:
The bearings in this description are based on The Texas State Plane
Coordinate System, NAD 83, Central Zone.
BEGINNING at a railroad rail marking the southernmost corner of
that certain called 347.029 acre tract conveyed to Dameon M. Doyle
by Donald Dosedlo as recorded in MCCF 2013 012364, said point being
an interior corner of the above said called 1,932.293 acre tract;
THENCE N43°06'54"E along the southeasterly line of said Doyle tract
a distance of 1,994.22 feet (called N43°06'29"E 1,992.88 feet) to an
axle found for corner at an easterly corner of said Doyle tract,
same being an interior corner of the called 1,932.293 acre tract;
THENCE N46°56'45"W (called N46°53'41"W) along the interior line of
the called 1,932.292 acre tract and an easterly line of the Doyle
Tract, a distance of 936.83 feet (called 937.04 feet) to a 5/8" iron
rod with cap stamped "1535 4035" to a point for corner at an angle
point in the called 1,932.292 acre tract and the Doyle tract;
THENCE N42°54'27"E (called N42°54'43"E) along the south line of the
Doyle tract a distance of 1,398.90 feet (called 1,397.59 feet) to a
5/8" iron rod with cap stamped "1535 4035" found at the easternmost
corner of the Doyle tract and being in the common line to the
William Starrock Survey, A-486, and the Jonathan C. Pitts Survey,
A-28;
THENCE S48°41'56"E (called S48°43'41"E) along the common line to the
Starrock and Pitts Surveys, along the west line of an unrecorded
subdivision known as Northridge a distance of 2,948.84 feet to a
5/8" iron rod marked "JNS ENGINEERS" for corner;
THENCE a jog in said common line N62°21'02"E (called N63°26'58"E
16.59 feet) a distance of 16.99 feet to a 5/8" iron rod marked "JNS
ENGINEERS";
THENCE S48°47'46"E (called S48°43'41"E) along the common line to the
Starrock and Pitts Surveys, and along the northeasterly line of the
called 1,932.293 acre tract a distance of 816.33 feet to a Bent 5/8"
Iron Rod found for corner in the northerly line of FM 1484;
THENCE along the northerly line of FM 1484 the following:
THENCE along a curve to the right, said curve having a radius of
1,829.00 feet, a central angle of 17°10'58", an arc length of 548.51
feet, and a chord which bears S43°32'27"W 546.45 feet to a 5/8" Iron
Rod with Plastic Cap Marked "PAPE-DAWSON" set for corner;
THENCE S82°08'06"W a distance of 61.58 feet to a 5/8" Iron Rod with
Plastic Cap Marked "PAPE-DAWSON" set for corner;
THENCE along a curve to the right, said curve having a radius of
1,799.00 feet, a central angle of 4°24'21", an arc length of 138.33
feet, and a chord bearing S56°02'01"W a distance of 138.30 feet to a
5/8" Iron Rod with Plastic Cap Marked "PAPE-DAWSON" set for corner;
THENCE S29°56'32"W a distance of 61.59 feet to a 5/8" Iron Rod with
Plastic Cap Marked "PAPE-DAWSON" set for corner;
THENCE along a curve to the right, said curve having a radius of
1,829.00 feet, a central angle of 24°36'38", an arc length of 785.62
feet, and a chord which bears S72°14/28"W 779.59 feet to a TxDOT
Aluminum Disk found for corner;
THENCE N65°29'19"W a distance of 173.06 feet to a TxDOT Aluminum
Disk found for corner;
THENCE along a curve to the right, said curve having a radius of
1,749.00 feet, a central angle of 00°09'14", an arc length of 4.70'
and a chord bearing S89°32'27"W 4.70' feet to a TxDOT Aluminum disk
found for corner;
THENCE S89°30'43"W a distance of 132.46 feet to a TxDOT Aluminum
disk found for corner;
THENCE S59°44'14"W a distance of 160.04 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" set for corner;
THENCE S89°37'22"W a distance of 581.48 feet to a 5/8" iron rod found
for corner;
THENCE along a curve to the left, said curve having a central angle
of 28°34'16", a radius of 1,989.86 feet, an arc length of 992.26
feet, and a chord bearing S75°18'17"W 982.01 feet to a TxDOT
Aluminum disk found for corner;
THENCE S61°03'31"W a distance of 46.39 feet to a 5/8" iron rod found
for corner;
THENCE N88°35'54"W a distance of 79.77 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" set for corner;
THENCE S61°03'31"W a distance of 161.43 feet to a TxDOT Aluminum
Disk found for corner;
THENCE S31°16'32"W a distance of 79.86 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" found for corner;
THENCE S61°03'31"W a distance of 502.02 feet to a 5/8" iron rod with
cap stamped "ARBORLEAF" found for corner
THENCE N28°56'29"W a distance of 916.40 feet to the place of
BEGINNING, containing 192.043 acres, more or less.
Fieldnotes for 577.557 acre tract in the William Starrock Survey,
A-486
Being 577.557 acres out of the William Starrock Survey, A-486,
Montgomery County, Texas, and being out of and a part of that
certain called 1,932.293 acre tract described in deed from Judy C.
Campbell to Judy Carol Campbell, as Trustee of the JCC Living Trust
dated December 15, 2011, as recorded in Montgomery County Clerk's
File (MCCF) 2012031320 of the Deed Records of Montgomery County,
Texas, and being more particularly described by metes and bounds as
follows:
The bearings in this description are based on The Texas State Plane
Coordinate System, NAD 83, Central Zone.
BEGINNING at the most westerly corner of that certain called
347.029 acre tract conveyed to Dameon M. Doyle as recorded in MCCF
2013012364, said point being a corner of that certain called
610.2467 acre tract conveyed to Conroe Industrial Development
Corporation as recorded in MCCF 2018035428;
THENCE S10°25'27"E (called S10°18'59"E) along the southwesterly line
of the called 347.029 acre tract a distance of 146.95 feet (called
147.20 feet) to a 5/8" iron rod with plastic cap stamped "JNS
ENGINEERS" found for an angle point;
THENCE S02°42'53"W (called S02°41'01"W) along the southwesterly line
of said called 347.029 acre tract a distance of 388.94 (called
388.90 feet) to a 5/8" iron rod with plastic cap stamped
"PAPE-DAWSON" set for an angle point;
THENCE S47°04'56"E (called S47°13'51"E along the southwesterly line
of the called 347.029 acre tract a distance of 3,614.37 feet (called
4,541.87 feet) to a railroad iron found for angle point in said
line;
THENCE S47°34'35"E continuing along the southwesterly line of the
called 347.029 acre tract a distance of 927.08 feet to a railroad
iron found for the most southerly corner of the called 347.029 acre
tract;
THENCE S28°56'29"E a distance of 916.40 feet to a 5/8" iron rod found
for corner in the northwesterly line of FM 1484 a variable width
right of way;
THENCE along the northwesterly line of FM 1484 as follows:
THENCE S61°03'31"W a distance of 557.98 feet to a TxDOT Aluminum
disk found for corner;
THENCE N89°15'07"W a distance of 39.98 feet to a 5/8" iron rod found
for corner;
THENCE S61°18'07"W a distance of 70.63 feet to a 5/8" iron rod found
for corner:
THENCE S30°45'56"W a distance of 40.11 feet to a 5/8" iron rod found
for corner; THENCE S61°07'54"W a distance of 609.29 feet to a 5/8"
iron rod found for corner;
THENCE N88°56'26"W a distance of 60.00 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" found for corner;
THENCE S61°03'31"W a distance of 96.08 feet to a 5/8" iron rod found
for corner;
THENCE S31°18'57"W a distance of 61.14 feet to a 5/8" iron rod found
for corner;
THENCE S61°02'09"W a distance of 816.02 feet to a 5/8" iron rod with
plastic cap stamped "PAPE-DAWSON" set for the point of curve of a
curve to the left:
THENCE along said curve to the left, a radius of 3,080.00 feet, a
central angle of 27°40'15", an arc length of 1,487.47 feet, and a
chord bearing S47°13'58"W 1,473.06 feet to a 5/8" iron rod with
plastic cap stamped "Arborleaf found for corner at a cutback corner
at the intersection of the northwesterly line of FM 1484 and the
extension of League Line Road;
THENCE along the northerly line of the extension of League Line Road
S77°29'29"W a distance of 35.77 feet to a 5/8" iron rod found for
corner;
THENCE N58°11'02"W a distance of 227.95 feet to a 5/8" iron rod found
for corner at the point of curve of a curve to the left;
THENCE along said curve, a radius of 5,060.00 feet, a central angle
of 07°53'38", an arc length of 697.14 feet, and a chord which bears
N62°07'51"W a distance of 696.59 feet to a 5/8" iron rod found for
corner;
THENCE N63°49'26"W a distance of 101.37 feet to a 5/8" iron rod found
for corner;
THENCE along a curve to the left, said curve having a radius of
5,065.00 feet, a central angle of 10°18'48", an arc length of 911.70
feet, and a chord bearing N72°22'49"W a distance of 910.47 feet to a
5/8" iron rod found for corner;
THENCE N80°56'13"W a distance of 101.37 feet to a 5/8" iron rod found
for corner;
THENCE along a curve to the left, said curve having a radius of
5,060.00 feet, a central angle of 05°43'46", an arc length of 506.00
feet, and a chord bearing N81°32'52"W a distance of 505.79 feet to a
5/8" iron rod found for corner;
THENCE N82°09'30"W a distance of 101.37 feet to a 5/8" iron rod found
for corner;
THENCE along a curve to the left, said curve having a radius of
5,065.00 feet, a central angle of 09°51'51", an arc length of 872.00
feet and a chord bearing S89°30'34"W a distance of 870.92 feet to a
5/8" iron rod found for corner;
THENCE S84°34'39"W a distance of 286.32 feet to a 5/8" iron rod found
for corner in the east line of Conroe Park North, Section 6, the map
of which is recorded in Cab Z, Sheets 1691 to 1705 of the Map Records
of Montgomery County, Texas;
THENCE N05°42'06"W along the east line of Conroe Park North, Section
6, at a distance of 2,386.07 feet to a 5/8" iron rod with plastic cap
stamped "Moyer" found for the northeast corner of Conroe Park
North, Section 6, said point marking the southernmost corner of the
previously referenced called 610.2467 acre tract conveyed to Conroe
Industrial Development Corporation as recorded in MCCF 2018035428;
THENCE N43°59'58"E along the southeasterly line of said called
610.2467 acre tract a distance of 4,649.21 feet to the place of
BEGINNING, containing 577.557 acres of land, more or less.
Fieldnotes for 12.979 acre tract in the William Starrock Survey,
A-486
Being 12.979 acres out of the William Starrock Survey, A-486,
Montgomery County, Texas, and being out of and a part of that
certain called 1,932.293 acre tract described in deed from Judy C.
Campbell to Judy Carol Campbell, as Trustee of the JCC Living Trust
dated December 15, 2011, as recorded in Montgomery County Clerk's
File (MCCF) 2012031320 of the Deed Records of Montgomery County,
Texas, and being more particularly described by metes and bounds as
follows:
The bearings in this description are based on The Texas State Plane
Coordinate System, NAD 83, Central Zone.
BEGINNING at a 5/8" iron rod with plastic cap marked "W E SMITH
1982" found at the northeasterly corner of that certain called
20.0872 acre tract conveyed to Montgomery County in deed recorded
in MCCF 2010-003943 of the deed records of Montgomery County,
Texas;
THENCE S52°57'04"W along the northwesterly line of said called
20.0872 acre tract a distance of 1,750.11 feet to a 5/8" iron rod
with plastic cap marked "W E SMITH 1982" found for corner at the
northwesterly corner of said called 20.0872 acre tract, same being
in the northeasterly line of that called 284.006 acre tract
conveyed to Conroe Industrial Development Corporation by Judy C.
Campbell as recorded in MCCF 2010111233;
THENCE along the northeasterly line of said called 284.006 acre
tract N37°02'56"W a distance of 451.88 feet to a 1/2" iron rod with
plastic cap marked "JEFF MOON RPLS 4936" found for corner in the
southeasterly line of FM 1484, a variable width right of way;
THENCE along the southeasterly line of FM 1484 as follows:
N61°09'07"E a distance of 180.52 feet to a 1/2" iron rod
found for corner;
S88°56'26"E a distance of 40.00 feet to a TxDOT
Aluminum Disc found for corner;
N61°09'07"E a distance of 70.72 feet to a TxDOT
Aluminum Disc found for corner;
N31°03'28"E a distance of 40.00 feet to a 5/8" iron rod
with plastic cap marked "PAPEDAWSON" set for corner;
N61°03'31"E a distance of 1,300.00 feet to a 5/8" iron
rod with plastic cap marked "PAPEDAWSON" set for
corner;
S89°08'33"E a distance of 80.27 feet to a 5/8" iron rod
with plastic cap marked "PAPE-DAWSON" set for corner;
N60°14'59"E a distance of 83.18 feet to a 5/8" iron rod
with plastic cap marked "ARBORLEAF RPLS 1982";
THENCE S37°02'56"E a distance of 163.05 feet to the place of
BEGINNING, containing 12.979 acres of land, more or less.
Fieldnotes for 18.933 acre tract in the William Starrock Survey,
A-486
Being 18.933 acres out of the William Starrock Survey, A-486,
Montgomery County, Texas, and being out of and a part of that
certain called 1,932.293 acre tract described in deed from Judy C.
Campbell to Judy Carol Campbell, as Trustee of the JCC Living Trust
dated December 15, 2011, as recorded in Montgomery County Clerk's
File (MCCF) 2012031320 of the Deed Records of Montgomery County,
Texas, and being more particularly described by metes and bounds as
follows:
The bearings in this description are based on The Texas State Plane
Coordinate System, NAD 83, Central Zone.
BEGINNING at a 5/8" iron rod found at the northern end of a cutback
corner for the intersection of the southeasterly line of FM 1484, a
variable width right of way, and the northeasterly line of
Technology Parkway (League Line Road), the donation deed of which
is recorded in MCCF 2011017945;
THENCE along the southeasterly line of FM 1484 along a curve to the
right, said curve having a radius of 2,920.00, a central angle of
27°34'56", an arc length of 1,405.69 feet, and a chord bearing
N47°16'37"E a distance of 1,392.16 feet to a 5/8" iron rod with cap
stamped "PAPEDAWSON" set for corner;
THENCE N60°59/317E a distance of 390.88 feet to a 5/8" iron rod with
cap stamped "MOON" found for corner at the most northerly northwest
corner of Restricted Reserve "C", Block 1 of R A Deison Technology
Park, the map of which is recorded in Cabinet Z, Sheets 2332-2336 of
the Map Records of Montgomery County, Texas;
THENCE S28°54'30"E along the southwesterly line of said Restricted
Reserve "C" a distance of 350.00 feet to a 1/2" iron rod with cap
found for corner;
THENCE S61°05'30"W continuing along the northwest line of
Restricted Reserve "C" a distance of 816.24 feet to a 1/2" iron rod
with cap found for corner;
THENCE S04°28'01" continuing along the northwesterly line of
Restricted Reserve "C" a distance of 418.29 feet to a 1/2" iron rod
with cap found for corner;
THENCE S37°54'03"W continuing along the northwesterly line of
Restricted Reserve "C" a distance of 618.87 feet to a 5/8" iron rod
with cap stamped "PAPE-DAWSON" set corner in the northeasterly line
of Technology Parkway;
THENCE along the northeasterly line of Technology Parkway, along a
curve to the left, said curve having a radius of 1,050.00 feet, a
central angle of 28°30'04", an arc length of 522.31 feet, and a chord
bearing N43°53'52"W a distance of 516.94 feet to a 5/8" iron rod with
cap stamped "PAPE-DAWSON" set for corner;
THENCE N58°08'54"W along the northeasterly line of Technology
Parkway a distance of 124.42 feet to a 5/8" iron rod found for the
beginning of a cutback corner to FM 1484;
THENCE N12°27'14"W along said cutback a distance of 34.92 feet to
the place of BEGINNING, containing 18.933 acres of land, more or
less.
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
8051, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8051.0307 to read as follows:
Sec. 8051.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4580 was passed by the House on May
14, 2021, by the following vote: Yeas 106, Nays 39, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4580 on May 28, 2021, by the following vote: Yeas 93, Nays 51,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4580 was passed by the Senate, with
amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor