Bill Text: TX HB5304 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the creation of the Williamson County Municipal Utility District No. 46; 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: (Passed) 2023-06-11 - Effective immediately [HB5304 Detail]
Download: Texas-2023-HB5304-Enrolled.html
H.B. No. 5304 |
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relating to the creation of the Williamson County Municipal Utility | ||
District No. 46; 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 7971A to read as follows: | ||
CHAPTER 7971A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 46 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7971A.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 Williamson County Municipal | ||
Utility District No. 46. | ||
Sec. 7971A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7971A.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. 7971A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7971A.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. 7971A.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. 7971A.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. 7971A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7971A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7971A.0202. 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 7971A.0103; 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 7971A.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 7971A.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. 7971A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7971A.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. 7971A.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. 7971A.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. 7971A.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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7971A.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 | ||
7971A.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. 7971A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7971A.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. 7971A.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. 7971A.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. 7971A.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. 7971A.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 Williamson County Municipal Utility District | ||
No. 46 initially includes all the territory contained in the | ||
following area: | ||
BEING 122.6884-acres of land situated in the D. Casanova | ||
Survey, Abstract No. 126, the A.J. Hayhurst Survey, Abstract | ||
No. 305 and the J. Northcross Survey, Abstract No. 478, Williamson | ||
County, Texas, being all of those certain tracts of land herein | ||
listed below; | ||
0.0265 acres and 16.15 acres of land in a General Warranty | ||
Deed to Mike Konle, Trustee of the Mike Konle Trust Dated June 16, | ||
1999 in Document No. 2009034437, Official Public Records, | ||
Williamson County, Texas | ||
16.05 acres in a Cash Warranty Deed to Mike Konle, Trustee of | ||
the Mike Konle Trust Dated June 16, 1999 in Document | ||
No. 2009032102, Official Public Records, Williamson County, Texas | ||
24.89 acres in a General Warranty Deed to Mike Knole, | ||
Trustee of the Mike Knole Trust Dated June 16, 1999 in Document | ||
No. 2006082693, Official Public Records, Williamson County, Texas | ||
16.00 acres in a Cash Warranty Deed to Mike Konle, Trustee of | ||
the Mike Konle Trust Dated June 16, 1999 in Document No. 2009011564 | ||
and Document No. 2002008497, Official Public Records, Williamson | ||
County, Texas | ||
10.98 acres in a General Warranty Deed to Mike Konle, Trustee | ||
of the Mike Konle Trust Dated June 16, 1999 in Document | ||
No. 2009090300, Official Public Records, Williamson County, Texas | ||
18.34 acres in a Cash Warranty Deed to The Mike Konle Trust | ||
Dated June 16, 1999 in Document No. 2001088303, Official Public | ||
Records, Williamson County, Texas | ||
Tract One containing 19.30 acres and Tract Two containing | ||
1.00 acres in a Cash Warranty Deed to The Mike Konle Trust Dates | ||
June 16, 1999 in Document No. 2002072070 and being further | ||
described in Document No. 2001088810, Official Public Records, | ||
Williamson County, Texas, | ||
said 122.6884-acres of land being more particularly | ||
described in Two (2) tracts (0.0264 Acres & 122.662 Acres) as | ||
follows with bearings based on the Texas Coordinate System of 1983, | ||
Central Zone: | ||
TRACT 1(0.0264-ACRES): | ||
0.0264-acres of land situated in the D. Casanova Survey, | ||
Abstract No. 126, Williamson County, Texas, being all of that said | ||
certain tract of land called to contain 0.0265 acres in Document | ||
No. 2009034437; | ||
BEGINNING: at a 1/2-inch iron rod with cap stamped "Bury & | ||
Partners" found for a southern corner of that certain tract of land | ||
called to contain 109.818 acres in a Special Warranty Deed with | ||
Vendor's Lien to GT Land Holdings, I, LLC in Document | ||
No. 2021072442 of the Official Public Records of Williamson County, | ||
Texas, the easternmost corner of the said 0.0265-acre tract, the | ||
northeastern most corner of that certain 13.914-acre tract to | ||
Williamson County, Texas for Ronald W. Reagan Boulevard (right of | ||
way varies) in Document No. 2006014718 of the Official Public | ||
Records of Williamson County, Texas, the westernmost corner of that | ||
certain 9.099-acre tract to Williamson County, Texas for Ronald W. | ||
Reagan Boulevard (right of way varies) in Document No. 2006018713 | ||
of the Official Public Records of Williamson County, Texas, for the | ||
easternmost corner of this herein described tract; | ||
THENCE: South 58°29'01" West a distance of 89.41 feet along | ||
the northwestern line of said Ronald W. Reagan Boulevard in | ||
Document No. 2006014718 to a 1/2-inch iron rod with cap stamped | ||
"RCS 5793" found for the southwestern corner of the said | ||
0.0265-acre tract, the southwestern the southeastern corner of that | ||
certain tract of land called to contain 0.245 acres as described in | ||
said Document No. 2006014718 to Williamson County, Texas, from | ||
which a 1/2-inch iron rod with cap stamped "PBS&J" found for the | ||
southwestern corner of the said 0.245-acre tract, the southeastern | ||
corner of the said 16.15-acre tract in Document No. 2009034437, the | ||
southeastern corner and Point of Beginning of the 122.662-acre | ||
herein described below bears South 58°41'49" West a distance of | ||
199.73 feet; | ||
THENCE: North 31°02'19" West a distance of 25.76 feet along | ||
the eastern line of the said 0.245-acre tract, the western line of | ||
the said 0.0265-acre tract to a 1/2-inch iron rod with cap stamped | ||
"RCS 5793" found on the southern line of the said 109.818-acre tract | ||
in Document No. 2021072442, for the northeastern corner of the said | ||
0.245-acre tract, the northwestern corner of the said 0.0265-acre | ||
tract, for the northwestern of this herein described tract, from | ||
which a 1/2-inch iron rod with cap stamped "RCS 5793" found for the | ||
northeastern corner of the said 16.15-acre tract in Document | ||
No. 2009034437, a corner of the said 122.662-acre tract herein | ||
described below bears South 74°51'58" West a distance of 158.60 | ||
feet; | ||
THENCE: North 74°35'30" East a distance of 92.84 feet along | ||
the southern line of the said 109.818-acre tract to the POINT OF | ||
BEGINNING and CONTAINING 0.0264-acres of land. | ||
TRACT 2(122.662-Acres): | ||
122.662-acres of land situated in the D. Casanova Survey, | ||
Abstract No. 126, the A.J. Hayhurst Survey, Abstract No. 305 and | ||
the J. Northcross Survey, Abstract No. 478 Williamson County, | ||
Texas, being all of the said 16.15 acres in Document | ||
No. 2009034437, 16.05 acres in Document No. 2009032102, 24.89 | ||
acres in Document No. 2006082693, 16.00 acres in Document | ||
No. 2009011564 and Document No. 2002008497, 10.98 acres in | ||
Document No. 2009090300, 18.34 acres in Document No. 2001088303, | ||
and Tract One - 19.30 acres and Tract Two - 1.00 acre in Document | ||
No. 2002072070 and further described in Document No. 2001088810 of | ||
the Official Public Records of Williamson County, Texas; | ||
BEGINNING: at a 1/2-inch iron rod with cap stamped "PBS&J" | ||
found on the northwestern line of that certain 13.914-acre tract to | ||
Williamson County, Texas for Ronald W. Reagan Boulevard (right of | ||
way varies) in Document No. 2006014718 of the Official Public | ||
Records of Williamson County, Texas, the southeastern corner of the | ||
said 16.15-acre tract in Document No. 2009034437, the southwestern | ||
corner of that certain tract of land called to contain 0.245 acres | ||
as described in said Document No. 2006014718 to Williamson County, | ||
Texas, for the southeastern corner of this herein described tract, | ||
from which a 1/2-inch iron rod with cap stamped "RCS 5793" found for | ||
the southeastern corner of the said 0.245-acre tract, the | ||
southwestern corner of the said 0.0265-acre tract in Document | ||
No. 2009034437 bears North 58°41'49" East a distance of 199.73 feet; | ||
THENCE: South 58°41'13" West a distance of 291.03 feet along | ||
the northwestern line of said Ronald W. Reagan Boulevard to a | ||
1/2-inch iron rod with cap stamped "PBS&J" found for a corner of | ||
said Ronald W. Reagan Boulevard, a corner of the said 16.15-acre | ||
tract, for a corner of this herein described tract; | ||
THENCE: North 31°24'15" West a distance of 14.90 feet along a | ||
line of said Ronald W. Reagan Boulevard, a line of the said | ||
16.15-acre tract to a 1/2-inch iron rod with cap stamped "PBS&J" | ||
found for a corner of said Ronald W. Reagan Boulevard, a corner of | ||
the said 16.15-acre tract, for a corner of this herein described | ||
tract; | ||
THENCE: South 58°40'20" West a distance of 199.70 feet along a | ||
northwestern line of said Ronald W. Reagan Boulevard, a | ||
southeastern line of the said 16.15-acre tract to a 1/2-inch iron | ||
rod with cap stamped "PBS&J" found for a corner of said Ronald W. | ||
Reagan Boulevard, a corner of the said 16.15-acre tract, for a | ||
corner of this herein described tract; | ||
THENCE: South 31°17'41" East a distance of 14.96 feet along a | ||
line of said Ronald W. Reagan Boulevard, a line of the said | ||
16.15-acre tract to a 1/2-inch iron rod with cap stamped "PBS&J" | ||
found for a corner of said Ronald W. Reagan Boulevard, a corner of | ||
the said 16.15-acre tract, for a corner of this herein described | ||
tract; | ||
THENCE: South 58°38'53" West a distance of 257.59 feet along a | ||
northwestern line of said Ronald W. Reagan Boulevard, a | ||
southeastern line of the said 16.15-acre tract to a 1/2-inch iron | ||
rod with cap stamped "PBS&J" found for a corner of said Ronald W. | ||
Reagan Boulevard, a corner of the said 16.15-acre tract, for a | ||
corner of this herein described tract; | ||
THENCE: South 64°25'15" West a distance of 99.61 feet | ||
continuing along a northwestern line of said Ronald W. Reagan | ||
Boulevard, a southeastern line of the said 16.15-acre tract to a | ||
1/2-inch iron rod with cap stamped "PBS&J" found for a corner of | ||
said Ronald W. Reagan Boulevard, a corner of the said 16.15-acre | ||
tract, the southeastern corner of a 0.230-acre Drainage Easement in | ||
said Document No. 2006014718, for a corner of this herein described | ||
tract; | ||
THENCE: North 31°24'38" West a distance of 49.74 feet along | ||
the eastern line of the said 0.230-acre Drainage easement, a line of | ||
the said 16.15-acre tract to a 1/2-inch iron rod with cap stamped | ||
"PBS&J" found for the northeastern corner of the said 0.230-acre | ||
Drainage easement, a corner of the said 16.15-acre tract, for a | ||
corner of this herein described tract; | ||
THENCE: South 58°37'09" West a distance of 199.58 feet along | ||
the northwestern line of the said 0.230-acre Drainage easement, a | ||
line of the said 16.15-acre tract to a 1/2-inch iron rod found for | ||
the northwestern of the said 0.230-acre Drainage easement, a corner | ||
of the said 16.15-acre tract, for a corner of this herein described | ||
tract; | ||
THENCE: South 30°56'20" East a distance of 49.71 feet along a | ||
western line of the said 0.230-acre Drainage easement, a line of the | ||
said 16.15-acre tract to a 1/2-inch iron rod found for the | ||
southwestern corner of the said 0.230-acre Drainage easement, on | ||
the northwestern line of said Ronald W. Reagan Boulevard, for a | ||
corner of the said 16.15-acre tract, for a corner of this herein | ||
described tract; | ||
THENCE: South 53°03'38" West a distance of 101.35 feet | ||
continuing along a northwestern line of said Ronald W. Reagan | ||
Boulevard, a southeastern line of the said 16.15-acre tract to a | ||
1/2-inch iron rod found for a corner of said Ronald W. Reagan | ||
Boulevard, a corner of the said 16.15-acre tract, for a corner of | ||
this herein described tract; | ||
THENCE: South 58°37'29" West a distance of 300.27 feet | ||
continuing along a northwestern line of said Ronald W. Reagan | ||
Boulevard, a southeastern line of the said 16.15-acre tract to a | ||
1/2-inch iron rod with Red Cap found for a corner of said Ronald W. | ||
Reagan Boulevard, a corner of the said 16.15-acre tract, for a | ||
corner of this herein described tract; | ||
THENCE: North 30°59'19" West a distance of 20.09 feet | ||
continuing along a line of said Ronald W. Reagan Boulevard, a line | ||
of the said 16.15-acre tract to a 1/2-inch iron rod found for a | ||
corner of said Ronald W. Reagan Boulevard, a corner of the said | ||
16.15-acre tract, for a corner of this herein described tract; | ||
THENCE: South 58°39'12" West a distance of 531.01 feet | ||
continuing along a line of said Ronald W. Reagan Boulevard, a line | ||
of the said 16.15-acre tract to a 1/2-inch iron rod found for a | ||
corner of said Ronald W. Reagan Boulevard at the intersection of | ||
County Road 289 (right of way varies), for a southwestern corner of | ||
the said 16.15-acre tract, for a corner of this herein described | ||
tract; | ||
THENCE: North 71°32'17" West a distance of 50.11 feet along a | ||
cutback line at the intersection of said Ronald W. Reagan | ||
Boulevard, the said County Road 289 and a line of the said | ||
16.15-acre tract to a 1/2-inch iron rod with cap stamped "RCS 5793" | ||
found for a cutback corner of said County Road 289, a corner of the | ||
said 16.15-acre tract, for a corner of this herein described tract; | ||
THENCE: North 21°32'03" West a distance of 595.51 feet along a | ||
western line of the said 16.15-acre tract, an eastern line of said | ||
County Road 289 to a 5/8-inch iron rod with cap stamped | ||
"JonesCarter" set on the southeastern line of the said 16.05-acre | ||
tract in Document No. 2009032102, for the northwestern corner of | ||
the said 16.15-acre tract, a corner of said County Road 289, for a | ||
corner of this herein described tract; | ||
THENCE: South 75°04'12" West a distance of 19.82 feet along a | ||
southeastern line of the said 16.05-acre tract, a northern line of | ||
said County Road 289 to a 5/8-inch iron rod with cap stamped | ||
"JonesCarter" set for a corner of the said 16.05-acre tract, for a | ||
corner of this herein described tract; | ||
THENCE: South 74°01'34" West a distance of 86.82 feet along a | ||
southeastern line of the said 16.05-acre tract, a northern line of | ||
said County Road 289 to a 1/2-inch rod found for the westernmost | ||
corner of the said 16.05-acre tract, a southern corner of the said | ||
24.89-acre tract in Document No. 2006082693, for a corner of this | ||
herein described tract, from which a 1/2-inch iron rod found for the | ||
northwestern corner of the said 16.05-acre tract, a corner of the | ||
said 24.89-acre tract bears North 35°05'00" East a distance of | ||
646.37 feet; | ||
THENCE: South 74°36'22" West a distance of 76.32 feet along a | ||
southern line of the said 24.89-acre tract, a northern line of said | ||
County Road 289 to a 1/2-inch iron rod found for a southwestern | ||
corner of the said 24.89-acre tract, a southern corner of the said | ||
16.00-acre tract in Document No. 2009011564 for a corner of this | ||
herein described tract, from which a 1/2-inch iron rod found for a | ||
corner of the said 24.89-acre tract, a corner of the said 16.00-acre | ||
tract bears North 35°03'04" East a distance of 723.92 feet; | ||
THENCE: South 74°36'24" West a distance of 295.22 feet along a | ||
southern line of the said 16.00-acre tract, a northern line of said | ||
County Road 289 to a 5/8-inch iron rod with cap stamped | ||
"JonesCarter" set for a southwestern corner of the said 16.00-acre | ||
tract, a corner of said County Road 289, for a corner of this herein | ||
described tract; | ||
THENCE: North 54°55'35" West a distance of 83.33 feet along a | ||
southwestern line of the said 16.00-acre tract a line of said County | ||
Road 289 to a 5/8-inch iron rod with cap stamped "JonesCarter" set | ||
for a corner of the said 16.00-acre tract, a corner of said County | ||
Road 289, for a corner of this herein described tract; | ||
THENCE: North 23°21'55" West a distance of 252.71 feet along a | ||
northeastern line of said County Road 289, a southwestern line of | ||
the said 16.00-acre tract to a 1/2-inch iron rod found for a corner | ||
of said County Road 289, a corner of the said 16.00-acre tract, for | ||
a corner of this herein described tract; | ||
THENCE: North 19°56'36" West a distance of 216.15 feet | ||
continuing along a northeastern line of said County Road 289, a | ||
southwestern line of the said 16.00-acre tract to a 1/2-inch iron | ||
rod found for the northwestern corner of the said 16.00-acre tract, | ||
the southwestern corner of the said 10.98-acre tract in Document | ||
No. 2009090300, a corner of said County Road 289, for a corner of | ||
this herein described tract, from which a 1/2-inch iron rod found | ||
for the northeastern corner of the said 16.00-acre tract, an | ||
eastern corner of the said 10.89-acre tract and a corner of the said | ||
24.89-acre tract bears North 46°11'32" East a distance of 1410.65 | ||
feet; | ||
THENCE: North 20°09'59" West a distance of 113.57 feet | ||
continuing along a northeastern line of said County Road 289, a | ||
southwestern line of the said 10.98-acre tract to a 3/8-inch iron | ||
rod found for a corner of said County Road 289, a corner of the said | ||
10.98-acre tract, for a corner of this herein described tract; | ||
THENCE: North 34°59'24" West a distance of 178.61 feet | ||
continuing along a northeastern line of said County Road 289, a | ||
southwestern line of the said 10.98-acre tract to a 1/2-inch iron | ||
rod found for a corner of said County Road 289, a corner of the said | ||
10.98-acre tract, for a corner of this herein described tract; | ||
THENCE: North 52°26'07" West a distance of 106.30 feet | ||
continuing along a northeastern line of said County Road 289, a | ||
southwestern line of the said 10.98-acre tract to a 1/2-inch iron | ||
rod found for a corner of said County Road 289, a corner of the said | ||
10.98-acre tract, for a corner of this herein described tract; | ||
THENCE: South 78°42'39" West a distance of 41.23 feet | ||
continuing along a northern line of said County Road 289, a line of | ||
the said 10.98-acre tract to a 1/2-inch iron rod found for a corner | ||
of said County Road 289, the westernmost corner of the said | ||
10.98-acre tract, a corner of the said Tract One - 19.30 acres in | ||
Document No. 2002072070, for a corner of this herein described | ||
tract; | ||
THENCE: South 78°42'39" West a distance 58.41 feet continuing | ||
along a northern line of said County Road 289 and passing a common | ||
corner of the said Tract One - 19.30 acres and the said 18.34-acre | ||
tract in Document No. 2001088303 to a 5/8-inch iron rod with cap | ||
stamped "JonesCarter" set for a corner of the said 18.34-acre | ||
tract, a corner of said County Road 289, for a corner of this herein | ||
described tract; | ||
THENCE: South 61°47'42" West a distance of 47.02 feet | ||
continuing along a northern line of said County Road 289 to a | ||
5/8-inch iron rod with cap stamped "JonesCarter" set for the | ||
westernmost southwestern corner of the said 18.34-acre tract, the | ||
southeastern corner of that certain tract called Tract 2 - 0.72 | ||
acres in a Warranty Deed to John Ben Atkinson in Document | ||
No. 2018011295 of the Official Public Records of Williamson County, | ||
Texas, for a corner of this herein described tract, from which a | ||
1/2-inch iron rod found for a corner of said Tract 2 - 0.72 acres | ||
bears South 61°47'42" West a distance of 64.27 feet; | ||
THENCE: North 02°28'00" West a distance of 170.14 feet along a | ||
western line of the said 18.34-acre tract, an eastern line of said | ||
Tract 2 - 0.72 acres to a 1/2-inch iron rod found for a corner of the | ||
said 18.34-acre tract, a corner of said Tract 2, for a corner of | ||
this herein described tract; | ||
THENCE: North 21°00'43" East a distance of 190.45 feet | ||
continuing along a western line of the said 18.34-acre tract, a | ||
southeastern line of the said Tract 2 - 0.72 acres to a 1/2-inch | ||
iron rod found for a corner of the said 18.34-acre tract, a corner | ||
of said Tract 2, for a corner of this herein described tract; | ||
THENCE: North 37°19'00" East a distance of 107.77 feet | ||
continuing along a line of the said 18.34-acre tract, a | ||
southeastern line of said Tract 2 - 0.72 acres to a 1/2-inch iron | ||
rod found on the southwestern line of Tract 1 - 35.28 acres in said | ||
Document No. 2018011295, for a corner of said Tract 2, a corner of | ||
the said 18.34-acre tract, for a corner of this herein described | ||
tract; | ||
THENCE: South 17°33'06" East a distance of 13.62 feet along | ||
the southwestern line of said Tract 1 - 35.28 acres, a line of the | ||
said 18.34-acre tract to a 1/2-inch iron rod found for the | ||
southwestern corner of said Tract 1, a corner of the said 18.34-acre | ||
tract, for a corner of this herein described tract; | ||
THENCE: North 70°28'29" East a distance of 1204.48 feet along | ||
the southeastern line of said Tract 1 - 35.28 acres, a line of the | ||
said 18.34-acre tract to a 1/2-inch iron rod found for the | ||
southeastern corner of the said Tract 1, a corner of the said | ||
18.34-acre tract, for a corner of this herein described tract; | ||
THENCE: North 16°16'49" West a distance of 1307.48 feet along | ||
the northeastern line of said Tract 1 - 35.28 acres, a southwestern | ||
line of the said 18.34-acre tract to a 3/4-inch iron pipe with | ||
pinched top found on the southeastern line of that certain Tract | ||
called Tract 1 containing 129.95 acres in a Special Warranty Deed to | ||
Rocking Wilco, L.P. in Document No. 2014101181 and described in a | ||
metes and bounds description in Document No. 2005007206 of the | ||
Official Public Records of Williamson County, Texas, for the | ||
northeastern corner of said Tract 1 - 35.28 acres, the northwestern | ||
corner of the said 18.34-acre tract, for a corner of this herein | ||
described tract; | ||
THENCE: North 67°51'17" East a distance of 1163.65 feet along | ||
the southeastern line of the said 129.95-acre tract, the | ||
northwestern line of the said 18.34-acre tract to a disturbed | ||
1/2-inch iron rod found for the northeastern corner of this herein | ||
described tract on the southwestern line of that certain tract of | ||
land called to contain 413.839-acres in a Special Warranty Deed | ||
with Vendor's Lien to GT Land Holdings I, LLC in Document | ||
No. 2021072442 of the Official Public Records of Williamson County, | ||
Texas, for the northeastern corner of the said 18.34-acre tract, | ||
from which a 2-inch pipe fence post found called to be the | ||
southeastern corner of the said 129.95-acre tract bears South | ||
88°53'27" West a distance of 0.93 feet; | ||
THENCE: South 20°33'31" East a distance of 257.86 feet along a | ||
northeastern line of the said 18.34-acre tract, a southwestern line | ||
of the said 413.839-acre tract to a 1/2-inch iron rod found for a | ||
corner of the said 18.34-acre tract, a corner of the said | ||
413.839-acre tract, for a corner of this herein described tract; | ||
THENCE: South 11°21'33" East a distance of 378.92 feet | ||
continuing a northeastern line of the said 18.34-acre tract, a | ||
southwestern line of the said 413.839-acre tract to a 1/2-inch iron | ||
rod found for the easternmost southeastern corner of the said | ||
18.34-acre tract, the northeastern corner of said Tract One - 19.30 | ||
acres in Document No. 2002072070, for a corner of this herein | ||
described tract, from which a 1/2-inch iron rod found for the | ||
southeastern corner of said Tract Two - 1.00 acres in said Document | ||
No. 2002072070 bears South 68°48'22" West a distance of 128.84 feet; | ||
THENCE: South 11°05'57" East a distance of 732.65 feet | ||
continuing along a southwestern line of the said 413.839-acre | ||
tract, the southwestern line of the said 109.818-acre tract in | ||
Document No. 2021072442, the northeastern line of the said Tract | ||
One - 19.30 acres, to a 1/2-inch iron rod found for the southeastern | ||
corner of the said Tract One - 19.30 acres, the northeastern corner | ||
of the said 24.89-acre tract in Document No. 2006082693, for a | ||
corner of this herein described tract; | ||
THENCE: South 10°39'33" East a distance of 233.04 feet along a | ||
northeastern line of the said 24.89-acre tract, a southwestern line | ||
of the said 109.818-acre tract to a 1/2-inch iron rod with cap | ||
stamped "Bury & Partners" found for a corner of the said | ||
109.818-acre tract, a corner of the said 24.89-acre tract, for a | ||
corner of this herein described tract; | ||
THENCE: South 19°27'42" East a distance of 716.60 feet | ||
continuing along a northeastern line of the said 24.89-acre tract, | ||
a southwestern line of the said 109.818-acre tract to a 1/2-inch | ||
iron rod found for the southeastern corner of the said 24.89-acre | ||
tract, the northeastern corner of the said 16.05-acre tract in | ||
Document No. 2009032102 for a corner of this herein described | ||
tract, from which a 1/2-inch iron rod found the northwestern corner | ||
of the said 16.05-acre tract, a corner of the said 24.89-acre tract | ||
bears South 71°28'00" West a distance of 1295.28 feet; | ||
THENCE: South 19°19'23" East a distance of 496.60 feet | ||
continuing along the northeastern line of the said 16.05-acre | ||
tract, a southwestern line of the said 109.818-acre tract to a | ||
1/2-inch iron rod found for the southwestern corner of the said | ||
109.818-acre tract, the southeastern corner of the said 16.05-acre | ||
tract on the Northern line of the said 16.15-acre tract in Document | ||
No. 2009034437, for a corner of this herein described tract; | ||
THENCE: North 74°48'53" East a distance of 321.30 feet along a | ||
southern line of the said 109.818-acre tract, the northern line of | ||
the said 16.15-acre tract to a 1/2-inch iron rod with cap stamped | ||
"RCS 5793" found for the easternmost northeastern corner of the | ||
said 16.15-acre tract, a corner of the said Williamson County | ||
0.245-acre tract in Document No. 2006014718, for a corner of this | ||
herein described tract, from which a 1/2-inch iron rod with cap | ||
stamped "RCS 5793" found for the northeastern corner of the said | ||
0.245-acre tract, the northwestern corner of the said 0.0265-acre | ||
tract in Document No. 2009034437, the same being the northwestern | ||
corner of the above described 0.0264-acre tract bears North | ||
74°51'58" East a distance of 158.60 feet; | ||
THENCE: South 58°52'35" West a distance of 47.62 feet along a | ||
northern line of the said 0.245-acre tract, a line of the said | ||
16.15-acre tract to a 1/2-inch iron rod with cap stamped "PBS&J" | ||
found for the westernmost northwestern corner of the said | ||
0.245-acre tract, a corner of the said 16.15-acre tract, for a | ||
corner of this herein described tract; | ||
THENCE: South 31°22'49" East a distance of 70.07 feet along a | ||
western line of the said 0.245-acre tract, a line of the said | ||
16.15-acre tract to POINT OF BEGINNING and CONTAINING 122.662 acres | ||
of land. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
7971A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7971A.0306 to read as | ||
follows: | ||
Sec. 7971A.0306. 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, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 5304 was passed by the House on May 9, | ||
2023, by the following vote: Yeas 107, Nays 35, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 5304 was passed by the Senate on May | ||
21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not | ||
voting. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |