Bill Text: TX SB1043 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 70; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-02 - Committee report printed and distributed [SB1043 Detail]
Download: Texas-2017-SB1043-Comm_Sub.html
By: Taylor of Galveston | S.B. No. 1043 | |
(In the Senate - Filed February 22, 2017; March 6, 2017, | ||
read first time and referred to Committee on Intergovernmental | ||
Relations; May 2, 2017, reported favorably by the following vote: | ||
Yeas 6, Nays 0; May 2, 2017, sent to printer.) | ||
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relating to the creation of the Brazoria County Municipal Utility | ||
District No. 70; 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 7964 to read as follows: | ||
CHAPTER 7964. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 70 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7964.001. 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 Brazoria County Municipal | ||
Utility District No. 70. | ||
Sec. 7964.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7964.003. 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. 7964.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7964.003 | ||
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. 7964.005. 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. 7964.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7964.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7964.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7964.052. 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 7964.003; 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 7964.003 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 7964.003; 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. 7964.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7964.102. 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. 7964.103. LEVEE IMPROVEMENT DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapter 57, Water Code, | ||
applicable to levee improvement districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 7964.104. 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. 7964.105. 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. 7964.106. 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. 7964.107. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if: | ||
(1) the district has no outstanding bonded debt; and | ||
(2) the district 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 creating 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 | ||
7964.003 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 7964.003. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(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. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7964.004 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7964.151. 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 7964.153. | ||
(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. 7964.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7964.151, 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. 7964.153. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7964.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 7964.202. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 7964.203. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The Brazoria County Municipal Utility District | ||
No. 70 initially includes all the territory contained in the | ||
following area: | ||
A METES & BOUNDS description of a certain 2273.1 acres of land | ||
situated in the H.T.&B.R.R. Company Survey, Abstract No. 254, the | ||
H.T.&B.R.R. Company Survey, Abstract No. 251, the A. A. Talmage | ||
Survey, Abstract No. 554, the A. A. Talmage Survey, Abstract | ||
No. 553 and the James L Holmes Heirs Survey, Abstract No. 610, all | ||
in Brazoria County, Texas and being out of a called 2856.555 acre | ||
tract of land (Tract 1) and a called 14.188 acre tract of land | ||
(Tract 2), conveyed to Dee S. Osborne by the deed recorded in Volume | ||
1159, Page 715 of the Brazoria County Deed Records, a called 98.2535 | ||
acre tract of land conveyed to Southeast Properties, Ltd by the deed | ||
recorded in Clerk's File No. 92-33050 of the Brazoria County | ||
Official Public Records and a called 109.232 acre tract of land | ||
conveyed to Southeast Properties, LTD recorded in Volume 1221, Page | ||
362 of the Brazoria County Deed Records; said 2273.1 acres being | ||
more particularly described in two tracts as follows, with all | ||
bearings being based on the Texas Coordinate System, South Central | ||
Zone, NAD 83; | ||
TRACT ONE, 1208.2 ACRES | ||
BEGINNING at a found 5/8-inch iron rod at the northwest | ||
corner of said 14.188 acre tract, common with the northeast corner | ||
of a called 2.50 acre tract of land conveyed to Carlos Hernandez and | ||
Olga Hernandez by the deed recorded in Clerk's File No. 99-056053 | ||
of the Brazoria County Official Public Records and being in the | ||
southerly right-of-way line of County Road 511; | ||
THENCE, North 87°04'39" East, along the northerly line of said | ||
14.188 acre tract, common with said southerly right-of-way line, at | ||
a distance of 1546.49 feet passing a found 1/2-inch iron rod for the | ||
northeast corner of said 14.188 acre tract and continuing for a | ||
total distance of 1646.82 feet to a point for corner in the | ||
right-of-way of FM 1462; | ||
THENCE, South 30°16'03" East, at 54.76 feet passing a found | ||
1/2-inch iron rod at the northernmost corner of said 2856.555 acre | ||
tract, common with the intersection of the Southerly right-of-way | ||
line of said FM 1462 with the westerly right-of-way line of said | ||
County Road 511 and then continuing with the easterly line of said | ||
2856.555 acre tract, common with the westerly right-of-way line of | ||
said County Road 511, for a total distance of 5989.45 feet to a set | ||
3/4-inch iron rod (with cap stamped "JonesCarter property corner") | ||
at the beginning of a non-tangent curve to the left; | ||
THENCE, departing said common line, over and across said | ||
2856.555 acres and along the arc of said non-tangent curve to the | ||
left having a radius of 2640.00 feet, a central angle of 66°45'27", | ||
an arc length of 3075.96 feet, and a long chord bearing South | ||
03°17'15" West, 2904.90 feet to a point for corner; | ||
THENCE, South 30°05'28" East, a distance of 23.74 feet to a | ||
set 3/4-inch iron rod (with cap stamped "JonesCarter property | ||
corner") in the southeasterly line of said 2856.555 acre tract, | ||
common with the northwesterly line of a called 110.21 acre tract of | ||
land conveyed to Patrick D. Moller and wife, Suzanne Moller by the | ||
deed recorded in Clerk's File No. 96-005947 of the Brazoria County | ||
Official Public Records and from which a found 5/8-inch iron rod in | ||
the westerly right-of-way line of said County Road 511, bears North | ||
59°36'38" East, 955.96 feet; | ||
THENCE, South 59°36'38" West, along said common line, a | ||
distance of 2575.73 feet to a set 3/4-inch iron rod (with cap | ||
stamped "JonesCarter property corner") at the beginning of a | ||
non-tangent curve to the right; | ||
THENCE, departing said common line, over and across said | ||
2856.555 acres and along the arc of said non-tangent curve to the | ||
right having a radius of 5280.00 feet, a central angle of 07°33'42", | ||
an arc length of 696.84 feet, and a long chord bearing North | ||
48°41'21" West, 696.33 feet to the beginning of a compound curve to | ||
the right; | ||
THENCE, continuing over and across said 2856.555 acres and | ||
along the arc of said compound curve to the right having a radius of | ||
5280.00 feet, a central angle of 21°24'05", an arc length of 1972.22 | ||
feet, and a long chord bearing North 51°53'34" West, 1960.78 feet to | ||
a point for corner; | ||
THENCE, continuing over and across said 2856.555 acres, the | ||
following six (6) bearings and distances; | ||
1) North 67°16'53" West, a distance of 1365.55 feet to | ||
a point for corner; | ||
2) North 68°00'23" West, a distance of 1178.08 feet to | ||
a point for corner; | ||
3) North 67°37'10" West, a distance of 885.98 feet to a | ||
point for corner; | ||
4) North 34°22'34" West, a distance of 700.44 feet to a | ||
point for corner; | ||
5) North 33°50'21" West, a distance of 1651.19 feet to | ||
a point for corner; | ||
6) North 32°16'42" West, a distance of 473.37 feet to a | ||
point for corner; | ||
THENCE, North 33°31'32" West, continuing over and across said | ||
2856.555 acres and over and across said 98.2535 acres, a distance of | ||
2191.74 feet to a set 3/4-inch iron rod (with cap stamped | ||
"JonesCarter property corner") in the northerly line of said | ||
2856.555 acres, common with the southerly right-of-way line of said | ||
FM 1462; | ||
THENCE, North 86°56'14" East, along said common line, at | ||
186.72 feet passing a found 1/2-inch iron rod at the northwest | ||
corner of said 98.2535 acres, at 1005.62 feet passing a found | ||
concrete monument at the northeast corner of said 98.2535 acre | ||
tract, then continuing with the northerly line of said 2856.555 | ||
acres, common with the southerly right-of-way line of said FM 1462, | ||
for a toral distance of 2296.45 feet to a point for corner; | ||
THENCE, North 86°49'41" East, continuing along said common | ||
line, a distance of 1353.40 feet to the beginning of a curve to the | ||
left; | ||
THENCE, continuing along said common line and the arc of said | ||
curve to the left having a radius of 1482.69 feet, a central angle | ||
of 14°54'54", an arc length of 385.97 feet, and a long chord bearing | ||
North 79°22'13" East, 384.88 feet to the westernmost corner of a | ||
called 3.37 acre tract of land conveyed to Tommy Nguyen and wife, | ||
Kathy Nguyen by the deed recorded in Clerk's File No. 2005005114 of | ||
the Brazoria County Official Public Records; | ||
THENCE, North 86°52'55" East, along a northerly line of said | ||
2856.555 acre tract, common with the southerly line of said 3.37 | ||
acre tract, a distance of 830.05 feet to the southeast corner of | ||
said 3.37 acre tract, common with an interior corner of said | ||
2856.555 acre tract; | ||
THENCE, North 02°42'05" West, along an interior line of said | ||
2856.555 acre tract, common with the easterly line of said 3.37 acre | ||
tract, a distance of 388.94 feet to the northernmost corner of said | ||
3.37 acre tract also being in the southerly right-of-way line of | ||
said FM 1462; | ||
THENCE, North 59°47'44" East, along northerly line of said | ||
2856.555 acre tract, common with the southerly right-of-way line of | ||
said FM 1462, a distance of 1089.08 feet to a point for corner; | ||
THENCE, North 02°54'16" West, departing said common line and | ||
over and across the right-of-way of said FM 1462, at a distance of | ||
111.54 feet passing a found 1/2-inch iron rod at the southwest | ||
corner of said 14.188 acre tract, common with the southeast corner | ||
of a called 2.311 acre tract of land conveyed to Yu-Ping Goodman by | ||
the deed recorded in Clerk's File No. 02-008105 of the Brazoria | ||
County Official Public Records, then continuing along the easterly | ||
lines of said 2.311 acre and 2.50 acre tracts, common with the | ||
westerly line of said 14.188 acre tract, for a total distance of | ||
911.10 feet to the POINT OF BEGINNING, OF TRACT ONE CONTAINING | ||
1208.2 acres. | ||
TRACT 2, 1064.9 ACRES | ||
COMMENCING at a found 5/8-inch iron rod at the northwest | ||
corner of said 14.188 acre tract, common with the northeast corner | ||
of said 2.50 acre tract and being the POINT OF BEGINNING of the | ||
above described Tract One. | ||
THENCE, South 02°54'16" East, along the westerly line of said | ||
14.188 acre tract, common with the easterly lines of said 2.50 acre | ||
and 2.311 acre tracts, at 799.56 feet passing a 1/2-inch iron rod | ||
found at the southwest corner of said 14.188 acre tract, common with | ||
the southeast corner of said 2.311 acre tract, then continuing over | ||
and across said right-of-way of FM 1462, a total distance of 911.10 | ||
feet to a point in the northerly line of said 2856.555 acre tract, | ||
common with the southerly right-of-way line of said FM 1462; | ||
THENCE, South 59°47'44" West, along said common line, a | ||
distance of 1089.08 feet to the northernmost corner of a said 3.37 | ||
acre tract; | ||
THENCE, South 02°42'05" East, departing said common line and | ||
along an interior line of said 2856.555 acre tract, common with the | ||
easterly line of said 3.37 acre tract, a distance of 388.94 feet to | ||
the southeast corner of said 3.37 acre tract, common with an | ||
interior corner of said 2856.555 acre tract; | ||
THENCE, South 86°52'55" West, along a northerly line of said | ||
2856.555 acre tract, common with the southerly line of said 3.37 | ||
acre tract, a distance of 830.05 feet to the westernmost corner of | ||
said 3.37 acre tract, being in the southerly right-of-way line of | ||
said FM 1462 at the beginning of a curve to the right; | ||
THENCE, along a northerly line of said 2856.555 acre tract, | ||
common with the southerly right-of-way line of said FM 1462 and the | ||
arc of said curve to the right having a radius of 1482.69 feet, a | ||
central angle of 14°54'54", an arc length of 385.97 feet, and a long | ||
chord bearing South 79°22'13" West, 384.88 feet to a point for | ||
corner; | ||
THENCE, South 86°49'41" West, continuing along said common | ||
line, a distance of 1353.40 feet to a point for corner; | ||
THENCE, South 86°56'14" West, continuing along said southerly | ||
right-of-way line, common with the northerly line of said 2856.555 | ||
acres and the northerly line of said 98.2535 acres, distance of | ||
2296.45 feet to a point for corner; | ||
THENCE, South 87°01'47" West, continuing along said southerly | ||
right-of-way line, common with the northerly line of said 2856.555 | ||
acres and the northerly line of said 109.232 acres, a distance of | ||
1590.81 feet to the northwest corner of said 109.232 acre tract, | ||
being in the easterly line of a called 80.74 acre tract of land | ||
conveyed to South Associates by the deed recorded in Volume 1420, | ||
Page 710 of the Brazoria County Deed Records; | ||
THENCE, South 02°27'26" East, departing said common line and | ||
along the westerly line of said 109.232 acre tract, common with the | ||
easterly line of said 80.74 acre tract, a distance of 2584.43 feet | ||
to the southeast corner of said 80.74 acres, common with an interior | ||
corner of said 2856.555 acre tract; | ||
THENCE, South 86°55'53" West, along the southerly line of said | ||
80.74 acres, common with a northerly line of said 2856.555 acres, a | ||
distance of 256.28 feet to a set 3/4-inch iron rod (with cap stamped | ||
"JonesCarter property corner") for the POINT OF BEGINNING of the | ||
herein described tract; | ||
THENCE over and across said 2856.55 and 109.232 acre tracts | ||
the following six (6) bearings and distances; | ||
1) South 33°07'56" East, a distance of 1574.72 feet to | ||
a point for corner; | ||
2) South 32°45'11" East, a distance of 1737.40 feet to | ||
a point for corner; | ||
3) South 34°06'46" East, a distance of 525.85 feet to a | ||
point for corner; | ||
4) South 37°02'29" East, a distance of 125.27 feet to a | ||
point for corner; | ||
5) South 33°08'38" East, a distance of 825.02 feet to a | ||
point for corner; | ||
6) South 67°31'02" East, a distance of 2641.65 feet to | ||
a point for corner; | ||
THENCE, South 67°38'45" East, continuing over and across said | ||
2856.555 acres, a distance of 2391.22 feet to a set 3/4-inch iron | ||
rod (with cap stamped "JonesCarter property corner") in the | ||
southeasterly line of said 2856.555 acre tract, common with the | ||
northwesterly line of a called 5440.64 acre tract of land conveyed | ||
to HRI Development Corporation by the deed recorded in Clerk's File | ||
No. 88544-596 of the Brazoria County Official Public Records; | ||
THENCE, South 59°36'38" West, along said common line, a | ||
distance of 4112.50 feet to a found axel at the most southerly | ||
southeast corner of said 2856.555 acres also being an interior | ||
corner of said 5440.64 acres; | ||
THENCE, South 89°58'50" West, along the southerly line of said | ||
2856.555 acre tract, common with a northerly line of said 5440.64 | ||
acre tract, a distance of 4086.26 feet to an angle point; | ||
THENCE, South 87°30'17" West, continuing along said common | ||
line, a distance of 2116.63 feet to the southwest corner of said | ||
2856.555 acre tract, common with the southeast corner of a called | ||
347.07 acre tract of land conveyed to Tehama Communities, LLP by the | ||
deed recorded in Clerk's File No. 2005072012 of the Brazoria County | ||
Official Public Records; | ||
THENCE, North 03°17'11" West, along a westerly line of said | ||
2856.555 acre tract, common with the easterly line of said 347.07 | ||
acre tract, a distance of 5281.54 feet to the northeast corner of | ||
said 347.07 acre tract, being in the southerly line of a called 50 | ||
acre tract of land conveyed to Willie Alton, et al by the deed | ||
recorded in Volume 928, Page 141 of the Brazoria County Deed | ||
Records; | ||
THENCE, North 87°07'20" East, along an interior line of said | ||
2856.555 acre tract, common with the southerly line of said 50 acre | ||
tract, a distance of 486.77 feet to the southeast corner of said 50 | ||
acre tract, common with an interior corner of said 2856.555 acre | ||
tract; | ||
THENCE, North 02°42'52" West, along a westerly line of said | ||
2856.555 acre tract, common with the easterly lines of said 50 acre | ||
tract, a called 40.13 acre tract of land conveyed to Krystal G. | ||
Hodge by the deed recorded in Clerk's File No. 2014019841 of the | ||
Brazoria County Official Public Records and a called 42.122 acre | ||
tract of land conveyed to Bjorn F. Lindgren and wife, Beverly L. | ||
Lindgren by the deed recorded in Clerk's File No. 2004063194 of the | ||
Brazoria County Official Public Records, a distance of 2675.71 | ||
feet to the most westerly northwest corner of said 2856.55 acre | ||
tract, common with the southeast corner of a called 80.74 acre tract | ||
(Tract 2) of land conveyed to South Associates by the deed recorded | ||
in Volume 1420, Page 710 of the Brazoria County Deed Records; | ||
THENCE, North 86°55'53" East, along a northerly line of said | ||
2856.555 acre tract, common with the southerly lines of said 80.74 | ||
acre tracts (Tract I and 2), a distance of 2420.68 feet to the POINT | ||
OF BEGINNING OF TRACT TWO, CONTAINING 1064.9 acres and together | ||
with the above described tract one containing a total of 2273.1 | ||
acres of land in Brazoria County, Texas. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
7964, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7964.108 to read as follows: | ||
Sec. 7964.108. 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. | ||
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