Bill Text: TX SB625 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 139; 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) 2013-02-25 - Referred to Intergovernmental Relations [SB625 Detail]
Download: Texas-2013-SB625-Introduced.html
| 83R6877 SLB-F | ||
| By: Williams | S.B. No. 625 | |
|
|
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| relating to the creation of the Montgomery County Municipal Utility | ||
| District No. 139; 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 8449 to read as follows: | ||
| CHAPTER 8449. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 139 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8449.001. 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 Montgomery County Municipal | ||
| Utility District No. 139. | ||
| Sec. 8449.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8449.003. 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. 8449.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 8449.003 | ||
| 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. 8449.005. 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. 8449.006. 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. 8449.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8449.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 8449.052. TEMPORARY DIRECTORS. (a) On or after | ||
| September 1, 2013, 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 8449.003; or | ||
| (2) September 1, 2017. | ||
| (c) If permanent directors have not been elected under | ||
| Section 8449.003 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 8449.003; 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. 8449.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8449.102. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
| DUTIES. (a) 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. | ||
| (b) Section 54.016(f), Water Code, does not apply to the | ||
| district. | ||
| Sec. 8449.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
| 52, Article III, Texas Constitution, the district may design, | ||
| acquire, construct, finance, issue bonds for, improve, operate, | ||
| maintain, and convey to this state, a county, or a municipality for | ||
| operation and maintenance macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 8449.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
| project must meet all applicable construction standards, zoning and | ||
| subdivision requirements, and regulations of each municipality in | ||
| whose corporate limits or extraterritorial jurisdiction the road | ||
| project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| Sec. 8449.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
| OR RESOLUTION. The district shall comply with all applicable | ||
| requirements of any ordinance or resolution that is adopted under | ||
| Section 54.016 or 54.0165, Water Code, and that consents to the | ||
| creation of the district or to the inclusion of land in the | ||
| district. | ||
| Sec. 8449.106. STRATEGIC PARTNERSHIP; CONTINUATION OF | ||
| DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may | ||
| continue to exist as a limited district after full-purpose | ||
| annexation by a municipality if the district and the annexing | ||
| municipality state the terms of the limited district's existence in | ||
| a strategic partnership agreement under Section 43.0751, Local | ||
| Government Code. | ||
| (b) The strategic partnership agreement may provide for a | ||
| term of any number of years and may be amended from time to time with | ||
| the consent of the parties to the agreement. The limitation in | ||
| Section 43.0751(g)(2), Local Government Code, on the length of the | ||
| term does not apply to a limited district created under this | ||
| section. | ||
| Sec. 8449.107. 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 | ||
| 8449.151 to authorize the district's bonds. | ||
| (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 8449.003. | ||
| (i) Any new district created by the division of the district | ||
| must hold an election as required by this chapter to obtain voter | ||
| approval before the district may impose a maintenance tax or issue | ||
| bonds payable wholly or partly from ad valorem taxes. | ||
| (j) If the creation of the new district is confirmed, the | ||
| new district shall provide the election date and results to the | ||
| commission. | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8449.151. 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 8449.153. | ||
| (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. 8449.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 8449.151, 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. 8449.153. 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. 8449.201. 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. 8449.202. 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. 8449.203. 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 Montgomery County Municipal Utility District | ||
| No. 139 initially includes all the territory contained in the | ||
| following area: | ||
| TRACT ONE | ||
| DESCRIPTION OF A 750.7 ACRE TRACT OF LAND SITUATED IN THE JAMES | ||
| HODGE SURVEY, ABSTRACT NO. 19, MONTGOMERY COUNTY, TEXAS, BEING THAT | ||
| CERTAIN TRACT OF LAND CALLED 750.354 ACRES AS DESCRIBED IN DEED TO | ||
| MADELEY INTERESTS LTD. III RECORDED UNDER MONTGOMERY COUNTY | ||
| CLERK'S FILE (M.C.C.F.) No. 2002-015834 AND No. 2002-015835 OF THE | ||
| OFFICIAL PUBLIC RECORDS OF REAL PROPERTY; SAID 750.7 ACRE TRACT | ||
| BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, | ||
| (BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, | ||
| CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS): | ||
| BEGINNING at a 5/8-inch capped iron rod stamped "EHRA 713-784-4500" | ||
| set marking the southwesterly corner of the called 750.354 acre | ||
| tract, being in the northerly line of the Block 1 of Red Oak Ranch | ||
| Section One, as per plat recorded in Cabinet I, Sheet 200 of the | ||
| Montgomery County Map Records (M.C.M.R.), from which a 3/4-inch | ||
| iron rod found marking the southeast corner of Lake Creek Forest | ||
| Section One, as per plat recorded in Cabinet C, Sheet 31A of the | ||
| M.C.M.R., bears North 03° 50' West, 0.29 feet ; | ||
| (1) THENCE, North 03°50'49" West, along the east line of said Lake | ||
| Creek Forest Section One for a distance of 1,484.44 feet to a | ||
| 5/8-inch iron rod found for corner; | ||
| (2) THENCE, North 03°40'21" West, continuing along the east line of | ||
| said Lake Creek Forest Section One for a distance of 1,469.00 feet | ||
| to a point for corner from which a bent 5/8-inch iron rod was found | ||
| South 01° 30' East, 0.40 feet; | ||
| (3) THENCE, North 03°42'28" West, continuing along the east line of | ||
| said Lake Creek Forest Section One for a distance of 1,320.61 feet | ||
| to a point for corner from which a 1/2-inch capped iron rod stamped | ||
| "Jeff Moon RPLS 4639" was found South 87° 14' West, 0.15 feet; | ||
| (4) THENCE, North 03°53'51" West, continuing along the east line of | ||
| said Lake Creek Forest Section One, passing at 1,801.32 feet a | ||
| 5/8-inch capped iron rod stamped "EHRA 713-784-4500" set for | ||
| reference and continuing for a total distance of 1901.32 feet to a | ||
| point for corner set in the centerline of the bed of Lake Creek; | ||
| THENCE, along the meanders of the centerline of Lake Creek the | ||
| following seventy one (71) courses and distances: | ||
| (5) THENCE, North 61°32'51" East for a distance of 228.05 feet to a | ||
| point for corner; | ||
| (6) THENCE, North 54°58'17" East for a distance of 92.46 feet to a | ||
| point for corner; | ||
| (7) THENCE, North 51°58'09" East for a distance of 259.16 feet to a | ||
| point for corner; | ||
| (8) THENCE, North 45°58'35" East for a distance of 159.83 feet to a | ||
| point for corner; | ||
| (9) THENCE, North 22°01'45" East for a distance of 192.41 feet to a | ||
| point for corner; | ||
| (10) THENCE, North 27°13'37" East for a distance of 76.84 feet to a | ||
| point for corner; | ||
| (11) THENCE, North 54°56'45" East for a distance of 95.43 feet to a | ||
| point for corner; | ||
| (12) THENCE, North 67°30'56" East for a distance of 184.27 feet to | ||
| a point for corner; | ||
| (13) THENCE, North 76°56'09" East for a distance of 133.56 feet to | ||
| a point for corner; | ||
| (14) THENCE, North 61°26'41" East for a distance of 177.31 feet to | ||
| a point for corner; | ||
| (15) THENCE, North 50°22'55" East for a distance of 560.07 feet to | ||
| a point for corner; | ||
| (16) THENCE, North 37°46'34" East for a distance of 133.00 feet to | ||
| a point for corner; | ||
| (17) THENCE, North 17°21'11" East for a distance of 139.15 feet to | ||
| a point for corner; | ||
| (18) THENCE, North 00°11'57" East for a distance of 274.14 feet to | ||
| a point for corner; | ||
| (19) THENCE, North 18°11'55" East for a distance of 116.51 feet to | ||
| a point for corner; | ||
| (20) THENCE, North 39°54'45" East for a distance of 121.72 feet to | ||
| a point for corner; | ||
| (21) THENCE, North 48°18'12" East for a distance of 291.99 feet to | ||
| a point for corner; | ||
| (22) THENCE, North 37°14'21" East for a distance of 92.22 feet to a | ||
| point for corner; | ||
| (23) THENCE, North 52°07'40" East for a distance of 103.25 feet to | ||
| a point for corner; | ||
| (24) THENCE, North 55°52'04" East for a distance of 193.01 feet to | ||
| a point for corner; | ||
| (25) THENCE, North 72°11'52" East for a distance of 110.77 feet to | ||
| a point for corner; | ||
| (26) THENCE, South 83°08'03" East for a distance of 92.11 feet to a | ||
| point for corner; | ||
| (27) THENCE, South 65°53'48" East for a distance of 84.92 feet to a | ||
| point for corner; | ||
| (28) THENCE, South 07°21'08" East for a distance of 107.07 feet to | ||
| a point for corner; | ||
| (29) THENCE, South 21°25'57" West for a distance of 121.20 feet to | ||
| a point for corner; | ||
| (30) THENCE, South 33°41'30" West for a distance of 76.93 feet to a | ||
| point for corner; | ||
| (31) THENCE, South 42°09'05" West for a distance of 131.48 feet to | ||
| a point for corner; | ||
| (32) THENCE, South 45°03'47" West for a distance of 122.62 feet to | ||
| a point for corner; | ||
| (33) THENCE, South 00°26'36" East for a distance of 102.07 feet to | ||
| a point for corner; | ||
| (34) THENCE, South 42°26'12" East for a distance of 73.01 feet to a | ||
| point for corner; | ||
| (35) THENCE, North 76°53'20" East for a distance of 70.93 feet to a | ||
| point for corner; | ||
| (36) THENCE, North 61°57'33" East for a distance of 110.10 feet to | ||
| a point for corner; | ||
| (37) THENCE, North 86°49'59" East for a distance of 57.05 feet to a | ||
| point for corner; | ||
| (38) THENCE, North 68°06'00" East for a distance of 111.11 feet to | ||
| a point for corner; | ||
| (39) THENCE, North 82°41'26" East for a distance of 271.58 feet to | ||
| a point for corner; | ||
| (40) THENCE, South 88°01'13" East for a distance of 114.27 feet to | ||
| a point for corner; | ||
| (41) THENCE, South 89°46'09" East for a distance of 178.21 feet to | ||
| a point for corner; | ||
| (42) THENCE, North 80°49'21" East for a distance of 72.70 feet to a | ||
| point for corner; | ||
| (43) THENCE, North 53°06'35" East for a distance of 162.69 feet to | ||
| a point for corner; | ||
| (44) THENCE, North 19°32'42" East for a distance of 160.09 feet to | ||
| a point for corner; | ||
| (45) THENCE, North 08°47'46" East for a distance of 217.65 feet to | ||
| a point for corner; | ||
| (46) THENCE, North 15°27'20" East for a distance of 137.74 feet to | ||
| a point for corner; | ||
| (47) THENCE, North 26°41'07" West for a distance of 117.15 feet to | ||
| a point for corner; | ||
| (48) THENCE, North 75°30'38" West for a distance of 63.48 feet to a | ||
| point for corner; | ||
| (49) THENCE, South 77°51'34" West for a distance of 111.84 feet to | ||
| a point for corner; | ||
| (50) THENCE, South 67°14'55" West for a distance of 126.55 feet to | ||
| a point for corner; | ||
| (51) THENCE, North 84°16'56" West for a distance of 92.33 feet to a | ||
| point for corner; | ||
| (52) THENCE, North 54°36'56" West for a distance of 76.80 feet to a | ||
| point for corner; | ||
| (53) THENCE, North 03°40'47" East for a distance of 69.88 feet to a | ||
| point for corner; | ||
| (54) THENCE, North 33°55'50" East for a distance of 73.92 feet to a | ||
| point for corner; | ||
| (55) THENCE, North 24°18'23" East for a distance of 83.75 feet to a | ||
| point for corner; | ||
| (56) THENCE, North 34°13'45" East for a distance of 249.15 feet to | ||
| a point for corner; | ||
| (57) THENCE, North 15°29'51" East for a distance of 133.40 feet to | ||
| a point for corner; | ||
| (58) THENCE, North 11°47'44" West for a distance of 56.19 feet to a | ||
| point for corner; | ||
| (59) THENCE, North 29°33'33" West for a distance of 146.29 feet to | ||
| a point for corner; | ||
| (60) THENCE, North 03°43'48" East for a distance of 94.06 feet to a | ||
| point for corner; | ||
| (61) THENCE, North 29°17'22" East for a distance of 162.93 feet to | ||
| a point for corner; | ||
| (62) THENCE, North 53°15'42" East for a distance of 177.88 feet to | ||
| a point for corner; | ||
| (63) THENCE, North 69°38'07" East for a distance of 195.39 feet to | ||
| a point for corner; | ||
| (64) THENCE, North 61°42'03" East for a distance of 101.33 feet to | ||
| a point for corner; | ||
| (65) THENCE, North 36°58'24" East for a distance of 91.65 feet to a | ||
| point for corner; | ||
| (66) THENCE, North 11°57'27" East for a distance of 58.01 feet to a | ||
| point for corner; | ||
| (67) THENCE, North 24°42'40" West for a distance of 51.98 feet to a | ||
| point for corner; | ||
| (68) THENCE, North 56°16'37" West for a distance of 44.55 feet to a | ||
| point for corner; | ||
| (69) THENCE, North 26°28'19" West for a distance of 40.47 feet to a | ||
| point for corner; | ||
| (70) THENCE, North 12°06'49" East for a distance of 64.65 feet to a | ||
| point for corner; | ||
| (71) THENCE, North 12°35'21" East for a distance of 126.74 feet to | ||
| a point for corner; | ||
| (72) THENCE, North 51°10'24" East for a distance of 62.70 feet to a | ||
| point for corner; | ||
| (73) THENCE, North 66°13'52" East for a distance of 130.17 feet to | ||
| a point for corner; | ||
| (74) THENCE, North 87°14'06" East for a distance of 36.35 feet to a | ||
| point for corner; | ||
| (75) THENCE, South 77°13'16" East for a distance of 50.39 feet to a | ||
| point for corner in the easterly line of the called 750.354 acre | ||
| tract and the westerly line of a called 72.168 acre tract of land | ||
| described in M.C.C.F. No. 2002-015839 and a called 31.770 acre | ||
| tract of land described in M.C.C.F. No. 2010024246 ; | ||
| (76) THENCE, South 03°44'24" East, along the east line of the | ||
| called 750.354 acre tract and the westerly line of the called 31.770 | ||
| acre tract, passing at 100.0 feet a 5/8-inch iron rod set for | ||
| reference, passing at 1,794.90 feet a 5/8-inch iron rod found 1.7 | ||
| feet west of line, passing at 3,896.04 feet a 1/2-inch capped iron | ||
| rod stamped "C&C" found 0.6 feet east of line marking the westerly | ||
| common corner of a called 30.825 acre tract of land described in | ||
| M.C.C.F. No. 2010024246 and a called 5.716 acre tract of land | ||
| described in M.C.C.F. No. 2007-064306, passing at 4,294.96 feet a | ||
| 1/2-inch iron rod found 1.4 feet east of line marking the | ||
| northwesterly common corner of a called 3.105 acre tract of land | ||
| described in M.C.C.F. No. 2007-004078, passing at 5,134.99 feet a | ||
| 1/2-inch iron rod found 0.9 feet west of line marking the westerly | ||
| common corner of a called 7.9498 acre tract of land described in | ||
| M.C.C.F. No. 2005-047884 and a called 10.188 acre tract of land | ||
| described in M.C.C.F. No. 2005-047802, passing at 6,193.39 feet a | ||
| 1/2-inch iron rod found 1.0 feet east of line marking the westerly | ||
| common corner of a called 4.467 acre tract of land described in | ||
| M.C.C.F. No. 2007-015113 and a called 5.585 acre tract of land | ||
| described in M.C.C.F. No. 9131267, passing at 6,543.21 feet a | ||
| 1/2-inch capped iron rod stamped "Laughlin" found marking the | ||
| westerly common corner of a called 5.585 acre tract of land | ||
| described in M.C.C.F. No. 9131267 and a called 5.942 acre tract of | ||
| land described in M.C.C.F. No. 2001-049736 from which a 1/2-inch | ||
| iron rod was found east, 2.8 feet, and continuing for a total | ||
| distance of 7,630.37 feet to a 1/2-inch iron rod found marking the | ||
| westerly common corner of a called 7.232 acre tract of land | ||
| described in M.C.C.F. No. 2001-049736 and a called 5.00 acre tract | ||
| of land described in M.C.C.F. No. 8643874; | ||
| (77) THENCE, South 03°51'13" East, along the westerly line of said | ||
| 5.00 acre tract of land for a distance of 626.02 feet to a point for | ||
| corner in the northwesterly right-of-way line of Old | ||
| Conroe-Magnolia Road (based on a width of 60-feet as occupied) from | ||
| which a 1/2-inch capped iron rod stamped "Jeff Moon RPLS 4639" was | ||
| found North 47° 22' East, 0.25 feet; | ||
| (78) THENCE, South 44°51'15" West, along the northwesterly | ||
| right-of-way line of Old Conroe-Magnolia Road for a distance of | ||
| 1,973.37 feet to a 1/2-inch capped iron rod stamped "Jeff Moon RPLS | ||
| 4639" found for corner; | ||
| (79) THENCE, South 45°14'26" West , continuing along the | ||
| northwesterly right-of-way line of Old Conroe-Magnolia Road for a | ||
| distance of 1,055.36 feet to a point for corner in the northerly | ||
| line of a called 5.66 acres described in M.C.C.F. No. 2006-100222 | ||
| from which a 5/8-inch iron rod was found South 86° 07' East, 0.28 | ||
| feet ; | ||
| (80) THENCE, South 86°49'19" West, along the northerly line of said | ||
| 5.66 acre tract, passing at a distance of 1,076.10 feet a 5/8-inch | ||
| iron rod found marking the northerly common of a called 5.01 acre | ||
| tract of land described in M.C.C.F. No. S843267 and the | ||
| northeasterly corner of the aforementioned Block 1 of Red Oak Ranch | ||
| Section One, and continuing along the northerly line of said Block | ||
| 1 of Red Oak Ranch Section One for a total distance of 2,168.57 feet | ||
| to the POINT OF BEGINNING and containing 750.7 acres of land. | ||
| TRACT TWO | ||
| DESCRIPTION OF A 42.02 ACRE TRACT OF LAND SITUATED IN THE JAMES | ||
| HODGE SURVEY, ABSTRACT NO. 19, MONTGOMERY COUNTY, TEXAS, BEING OUT | ||
| OF THAT CERTAIN TRACT OF LAND CALLED 48.939 ACRES AS DESCRIBED IN | ||
| DEED TO MADELEY INTERESTS LTD. III RECORDED UNDER MONTGOMERY | ||
| COUNTY CLERK'S FILE (M.C.C.F.) No. 2002-015834 AND No. 2002-015835 | ||
| OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY; SAID 42.02 ACRE | ||
| TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | ||
| FOLLOWS, (BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM | ||
| OF 1983, CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS): | ||
| BEGINNING at a 5/8-inch capped iron rod stamped "EHRA 713-784-4500" | ||
| set marking the southwesterly corner of a called 7.9838 acre tract | ||
| described in M.C.C.F. No. 2008-034303 and being in the northerly | ||
| line of the Block 2 of Red Oak Ranch Section One, as per plat | ||
| recorded in Cabinet I, Sheet 200 of the Montgomery County Map | ||
| Records (M.C.M.R.); | ||
| (1) THENCE, South 86°02'11" West, along the northerly line of said | ||
| Block 2 of Red Oak Ranch Section One for a distance of 599.11 feet | ||
| to a fence post found for corner; | ||
| (2) THENCE, South 85°00'17" West, continuing along the northerly | ||
| line of said Red Oak Ranch Section One, passing at 440.25 feet a | ||
| 5/8-inch iron rod found marking the northwesterly corner of said | ||
| Block 2 and the northeasterly corner of a called 8.04 acre tract | ||
| described in M.C.C.F. No. 9844236, and continuing along the | ||
| northerly line of said 8.04 acre tract for a total distance of | ||
| 582.25 feet to a fence post found for corner; | ||
| (3) THENCE, South 89°19'14" West, along the northerly line of said | ||
| 8.04 acre tract for a distance of 46.24 feet to a 5/8-inch capped | ||
| iron rod stamped "EHRA 713-784-4500" set for corner in the | ||
| southwesterly line of a 50-foot wide easement granted to Sinclair | ||
| Pipe Line Company in Volume 431-Page 424, Volume 431-Page 428, | ||
| Volume 431-Page 434, Volume 434-Page 458 and Volume 434-Page 462 of | ||
| the Montgomery County Deed Records; | ||
| (4) THENCE, North 25°50'15" West, along the southwesterly line of | ||
| said Sinclair easement for a distance of 407.11 feet to a 5/8-inch | ||
| capped iron rod stamped "EHRA 713-784-4500" set marking an angle | ||
| point; | ||
| (5) THENCE, North 27°01'15" West, continuing along the | ||
| southwesterly line of said Sinclair easement, a distance of 281.17 | ||
| feet to a 5/8-inch capped iron rod stamped "EHRA 713-784-4500" set | ||
| for corner in the southeasterly right-of-way line of Old | ||
| Conroe-Magnolia Road (based on a width of 60-feet as occupied); | ||
| (6) THENCE, North 45°14'26" East, along the southeasterly | ||
| right-of-way line of Old Conroe-Magnolia Road for a distance of | ||
| 62.40 feet to a 1/2-inch capped iron rod stamped "Jeff Moon RPLS | ||
| 4639" found for corner; | ||
| (7) THENCE, North 44°51'15" East, continuing along the | ||
| southeasterly right-of-way line of Old Conroe-Magnolia Road for a | ||
| distance of 1,920.88 feet to a point for corner in the westerly line | ||
| of a called 60-foot wide roadway easement described in Volume 676, | ||
| Page 842 of the Montgomery County Deed Records from which a 1/2-inch | ||
| iron rod was found North 43° 09' East, 0.45 feet; | ||
| THENCE, South 03°51'13" East, along the westerly line of said | ||
| 60-foot wide roadway easement, a distance of 1,934.27 feet to the | ||
| POINT OF BEGINNING and containing 42.02 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 | ||
| 8449, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 8449.108 to read as follows: | ||
| Sec. 8449.108. 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, 2013. | ||
