Bill Text: TX SB904 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to the creation of the Cresson Municipal Utility District No. 1 of Hood County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Enrolled - Dead) 2017-05-29 - Effective on 9/1/17 [SB904 Detail]

Download: Texas-2017-SB904-Enrolled.html
 
 
  S.B. No. 904
 
 
 
 
  relating to the creation of the Cresson Municipal Utility District
  No. 1 of Hood County; 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 7975 to read as follows:
  CHAPTER 7975. CRESSON MUNICIPAL UTILITY DISTRICT NO. 1 OF HOOD
  COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7975.001.  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 Cresson Municipal Utility
  District No. 1 of Hood County.
         Sec. 7975.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7975.003.  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. 7975.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 7975.003
  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. 7975.005.  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. 7975.006.  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. 7975.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7975.052, directors serve
  staggered four-year terms.
         Sec. 7975.052.  TEMPORARY DIRECTORS. (a)  On or after
  September 1, 2017, 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 7975.003; or
               (2)  September 1, 2021.
         (c)  If permanent directors have not been elected under
  Section 7975.003 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 7975.003; 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. 7975.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7975.102.  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. 7975.103.  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. 7975.104.  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. 7975.105.  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. 7975.106.  FIREFIGHTING SERVICES.  Notwithstanding
  Section 49.351(a), Water Code, the district may, as authorized by
  Section 59(f), Article XVI, Texas Constitution, and Section 49.351,
  Water Code:
               (1)  establish, operate, and maintain a fire
  department;
               (2)  contract with another political subdivision for
  the joint operation of a fire department; or
               (3)  contract with any other person to perform
  firefighting services in the district and may issue bonds and
  impose taxes to pay for the department and the activities.
         Sec. 7975.107.  FEES AND CHARGES. (a)  The district may
  adopt and enforce all necessary charges, mandatory fees, or
  rentals, in addition to taxes, for providing or making available
  any district facility or service, including firefighting
  activities provided under Section 7975.106.
         (b)  To enforce payment of an unpaid fee or charge due to the
  district, on the request of the district, a retail public utility,
  as defined by Section 13.002, Water Code, providing water or sewer
  service to a customer in the district shall terminate the service.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 7975.151.  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 7975.153.
         (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. 7975.152.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held under Section 7975.151, 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. 7975.153.  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. 7975.201.  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. 7975.202.  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. 7975.203.  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 Cresson Municipal Utility District No. 1 of
  Hood County initially includes all the territory contained in the
  following area:
         TRACT ONE
         OF A 227.753 ACRES MUNICIPAL UTILITY DISTRICT OUT OF THE J.M.
  HAYES SURVEY, ABSTRACT NO. 262, AND THE J.W. RANDLE SURVEY,
  ABSTRACT NO. 483, HOOD COUNTY, TEXAS; BEING LOTS 1-16, ROADWAY "A" &
  ROADWAY "B", AS SHOWN ON THE PLAT OF CRESSON ONE NORTH, AN ADDITION
  TO THE CITY OF CRESSON, AS RECORDED IN SLIDE P-399, PLAT RECORDS,
  HOOD COUNTY, TEXAS; AND BEING FURTHER DESCRIBED BY METES AND BOUNDS
  AS FOLLOWS:
         BEGINNING AT A POINT AT THE NORTHWEST CORNER OF SAID CRESSON
  ONE NORTH, BEING THE INTERSECTION OF THE CENTERLINE OF A CREEK AND
  THE SOUTH LINE OF HOOD COUNTY ROAD NO. 413 (OLD GRANBURY ROAD), FOR
  THE NORTHWEST AND BEGINNING CORNER OF THIS TRACT.
         THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF
  SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
         N 75° 41' 58" E FOR A DISTANCE OF 182.69 FEET TO A TREE, FOR A
  CORNER OF THIS TRACT.
         N 32° 15' 42" E FOR A DISTANCE OF 156.73 FEET TO A 3" POST, FOR
  A CORNER OF THIS TRACT.
         N 16° 42' 16" E FOR A DISTANCE OF 492.23 FEET TO A FOUND 5/8"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         THENCE S 73° 46' 39" E FOR A DISTANCE OF 1077.54 FEET LEAVING
  SAID SOUTH RIGHT OF WAY LINE OF SAID HOOD COUNTY ROAD NO. 413 TO A
  FOUND 5/8" IRON ROD, FOR A CORNER OF THIS TRACT.
         THENCE N 18° 12' 48" E FOR A DISTANCE OF 2103.25 FEET TO A
  FOUND SPINDLE, FOR A CORNER OF THIS TRACT.
         THENCE N 59° 18' 25" W FOR A DISTANCE OF 1168.46 FEET TO A
  FOUND 5/8" IRON ROD IN THE SAID SOUTH RIGHT OF WAY LINE OF SAID HOOD
  COUNTY ROAD NO. 413, FOR A CORNER OF THIS TRACT.
         THENCE CONTINUING NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY
  LINE OF SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
         N 55° 42' 25" E FOR A DISTANCE OF 181.62 FEET TO A 6" POST, FOR
  A CORNER OF THIS TRACT.
         N 63° 53' 22" E FOR A DISTANCE OF 2234.22 FEET TO A 3" POST, FOR
  A CORNER OF THIS TRACT.
         N 65° 29' 01" E FOR A DISTANCE OF 12.25 FEET TO A 6" POST, FOR A
  CORNER OF THIS TRACT.
         N 66° 44' 21" E FOR A DISTANCE OF 126.35 FEET TO A 6" POST, FOR
  A CORNER OF THIS TRACT.
         N 74° 20' 27" E FOR A DISTANCE OF 159.94 FEET TO A 6" POST, FOR
  A CORNER OF THIS TRACT.
         N 88° 57' 10" E FOR A DISTANCE OF 334.39 FEET TO A 12" POST, FOR
  A CORNER OF THIS TRACT.
         N 89° 55' 33" E FOR A DISTANCE OF 1522.72 FEET TO A FOUND
  CONCRETE MONUMENT, FOR A THE MOST NORTHERN NORTHEAST CORNER OF THIS
  TRACT.
         THENCE S 28° 56' 40" E FOR A DISTANCE OF 94.47 FEET TO A 6" POST
  IN THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 377, FOR A CORNER
  OF THIS TRACT.
         THENCE SOUTHWESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF
  SAID HIGHWAY NO. 377 THE FOLLOWING:
         S 32° 16' 40" W FOR A DISTANCE OF 310.56 FEET TO A FOUND
  CONCRETE MONUMENT, FOR A CORNER OF THIS TRACT.
         S 42° 48' 40" W FOR A DISTANCE OF 304.87 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 20° 19' 22" W FOR A DISTANCE OF 307.00 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 32° 27' 18" W FOR A DISTANCE OF 300.24 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 41° 52' 20" W FOR A DISTANCE OF 304.24 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 32° 24' 53" W FOR A DISTANCE OF 299.82 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 23° 00' 21" W FOR A DISTANCE OF 304.46 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 32° 27' 05" W FOR A DISTANCE OF 639.42 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 37° 58' 53" W FOR A DISTANCE OF 532.79 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 52° 59' 53" W FOR A DISTANCE OF 535.83 FEET TO A FOUND
  CONCRETE MONUMENT, FOR A CORNER OF THIS TRACT.
         S 54° 51' 37" W FOR A DISTANCE OF 439.73 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 54° 03' 13" W FOR A DISTANCE OF 700.49 FEET TO A FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 51° 22' 36" W FOR A DISTANCE OF 400.55 FEET TO A 6" POST, FOR
  A CORNER OF THIS TRACT.
         S 54° 48' 11" W FOR A DISTANCE OF 699.61 FEET TO FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         S 62° 01' 53" W FOR A DISTANCE OF 201.59 FEET TO FOUND 1/2"
  IRON ROD, FOR A CORNER OF THIS TRACT.
         THENCE S 54° 57' 58" W FOR A DISTANCE 166.87 FEET TO A POINT AT
  THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF SAID HIGHWAY NO.
  377 AND THE CENTERLINE OF A CREEK, FOR THE MOST SOUTHERLY SOUTHWEST
  CORNER OF THIS TRACT.
         THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID CREEK THE
  FOLLOWING:
         N 48° 49' 19" W FOR A DISTANCE OF 111.00 FEET TO A POINT;
         N 71° 19' 49" W FOR A DISTANCE OF 119.11 FEET TO A POINT:
         N 32° 48' 10" W FOR A DISTANCE OF 139.13 FEET TO A POINT:
         N 78° 36' 00" W FOR A DISTANCE OF 363.79 FEET TO A POINT:
         N 31° 39' 32" W FOR A DISTANCE OF 123.17 FEET TO A POINT:
         N 76° 01' 11" W FOR A DISTANCE OF 145.14 FEET TO A POINT:
         S 64° 02' 12" W FOR A DISTANCE OF 208.15 FEET TO A POINT:
         N 48° 58' 10" W FOR A DISTANCE OF 40.02 FEET TO A POINT:
         N 11° 16' 01" W FOR A DISTANCE OF 153.56 FEET TO THE POINT OF
  BEGINNING.
         TRACT TWO
         OF A 127.210 ACRES MUNICIPAL UTILITY DISTRICT OUT OF THE JOHN
  HOWARD SURVEY, ABSTRACT NO. 716 AND THE J.W. RANDLE SURVEY,
  ABSTRACT NO. 483, HOOD COUNTY, TEXAS; BEING LOT 1, LOT 2, LOTS 5-17,
  LOTS 19-24, RESERVE "A", RESERVE "B", RIDGELINE ROAD, RIDGELINE
  COURT, CRESSON VIEW ROAD & SPRING VALLEY ROAD, AS SHOWN ON THE PLAT
  OF CRESSON ONE SOUTH, AN ADDITION TO THE CITY OF CRESSON, AS
  RECORDED IN SLIDE P-398, PLAT RECORDS, HOOD COUNTY, TEXAS; AND
  BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
         BEGINNING AT A FOUND 1/2" IRON ROD IN THE SOUTH RIGHT OF WAY
  LINE OF HOOD COUNTY ROAD NO. 413 (PAVED SURFACE) AT THE MOST
  WESTERLY CORNER OF SAID CRESSON ONE SOUTH, SAME BEING IN THE WEST
  BOUNDARY LINE OF SAID JOHN HOWARD SURVEY, ABSTRACT NO. 716, AND IN
  THE EAST BOUNDARY LINE OF THE N.H. HOOE SURVEY, ABSTRACT NO. 281,
  HOOD COUNTY, TEXAS, FOR THE NORTHWEST AND BEGINNING CORNER OF THIS
  TRACT.
         THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY LINE OF
  SAID HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
         NORTH 32°55'38" EAST 125.85 FEET TO A SET SPIKE, FOR A CORNER
  OF THIS TRACT.
         NORTH 26°02'32" EAST 170.33 FEET TO A SET SPIKE, FOR A CORNER
  OF THIS TRACT.
         NORTH 15°39'22" EAST 254.86 FEET TO A SET SPIKE, FOR A CORNER
  OF THIS TRACT.
         NORTH 11°52'03" EAST 334.65 FEET TO A SET SPIKE, FOR A CORNER
  OF THIS TRACT.
         NORTH 26°59'37" EAST 110.01 FEET TO A SET SPIKE, FOR A CORNER
  OF THIS TRACT.
         NORTH 48°54'48" EAST 106.43 FEET TO A SET SPIKE, FOR A CORNER
  OF THIS TRACT.
         NORTH 63°55'17" EAST 1383.60 FEET TO A SET SPIKE, FOR A CORNER
  OF THIS TRACT.
         THENCE SOUTH 04°25'25" WEST 498.78 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE SOUTH 60°54'30" WEST 456.68 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE SOUTH 42°23'43" WEST 389.34 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE SOUTH 26°04'43" EAST 140.00 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE SOUTH 45°28'04" EAST 605.64 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE NORTH 44°31'56" EAST 836.05 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE NORTH 45°28'04" WEST 289.49 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE NORTH 41°04'55" EAST 73.24 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE NORTH 32°49'57" EAST 348.82 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE NORTH 29°59'47" EAST 83.89 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE NORTH 58°10'30" EAST 565.94 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE SOUTH 44°34'42" EAST 482.42 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE NORTHEASTERLY AROUND THE ARC OF A CURVE TO THE RIGHT,
  WITH A RADIUS OF 3530.54 FEET, A CHORD OF NORTH 49°04'11" EAST 492.47
  FEET, AND AN ARC LENGTH OF 492.87 FEET TO A SET 1/2" IRON ROD, FOR A
  CORNER OF THIS TRACT.
         THENCE NORTH 53°04'09" EAST 20.32 FEET TO A SET 1/2" IRON ROD
  FOR A CORNER OF THIS TRACT.
         THENCE NORTH 36°55'51" WEST 319.11 TO A SET 1/2" IRON ROD AT
  THE P.C. OF A CURVE FOR A CORNER OF THIS TRACT.
         THENCE NORTHWESTERLY AROUND THE ARC OF A CURVE TO THE RIGHT,
  WITH A RADIUS OF 531.19 FEET, A CHORD OF NORTH 17°47'21" WEST 348.36
  FEET, AND AN ARC LENGTH OF 354.93 FEET TO A SET 1/2" IRON ROD IN THE
  SOUTH RIGHT OF WAY OF SAID HOOD COUNTY ROAD NO. 413 FOR A CORNER OF
  THIS TRACT.
         THENCE NORTHEASTERLY ALONG THE SOUTH RIGHT OF WAY OF SAID
  HOOD COUNTY ROAD NO. 413 AS FOLLOWS:
         NORTH 82°21'44" EAST 400.00 FEET TO A SET 1/2" IRON ROD FOR A
  CORNER OF THIS TRACT.
         NORTH 76°03'03" EAST 108.55 FEET TO A SET 1/2" IRON ROD FOR THE
  NORTHEAST CORNER OF THIS TRACT.
         THENCE SOUTHEASTERLY ALONG THE APPROXIMATE CENTERLINE OF A
  CREEK AS FOLLOWS:
         SOUTH 11°16'01" EAST 153.56 FEET TO A POINT FOR A CORNER OF
  THIS TRACT.
         SOUTH 48°58'10" EAST 16.38 FEET TO A POINT, AT THE NORTHEAST
  CORNER OF LOT 18, CRESSON ONE SOUTH, FOR A CORNER OF THIS TRACT.
         THENCE SOUTH 53°04'09" WEST 439.93 FEET TO A SET 1/2" IRON ROD
  WITH PLASTIC CAP STAMPED "CARTER" IN THE EAST LINE OF SAID RESERVE
  "B", AT THE NORTHWEST CORNER OF SAID LOT 18, FOR A CORNER OF THIS
  TRACT.
         THENCE ALONG THE WEST LINE OF SAID LOT 18 AS FOLLOWS:
         SOUTH 36°55'52" EAST 464.90 FEET TO A SET 1/2" IRON ROD WITH
  PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
         SOUTHEASTERLY ALONG THE ARC OF THE CUL-DE-SAC OF SAID SPRING
  VALLEY ROAD TO THE RIGHT, SAID CUL-DE-SAC HAVING A RADIUS OF 60.00
  FEET, AN ARC LENGTH OF 125.66 FEET, AND WHOSE CHORD BEARS SOUTH
  36°55'52" EAST 103.92 FEET, A SET 1/2" IRON ROD WITH PLASTIC CAP
  STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
         SOUTH 36°55'52" EAST 93.76 FEET A SET 1/2" IRON ROD WITH
  PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
         SOUTHEASTERLY ALONG THE ARC OF CURVE TO THE RIGHT, SAID CURVE
  HAVING A RADIUS OF 230.00 FEET, AN ARC LENGTH OF 17.33 FEET, AND
  WHOSE CHORD BEARS SOUTH 34°46'23" EAST 17.32 FEET A SET 1/2" IRON ROD
  WITH PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
         SOUTH 32°36'54" EAST 185.50 FEET A SET 1/2" IRON ROD WITH
  PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
         SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE
  HAVING A RADIUS OF 170.00 FEET, AN ARC LENGTH OF 12.81 FEET, AND
  WHOSE CHORD BEARS SOUTH 34°46'23" EAST 12.80 FEET A SET 1/2" IRON ROD
  WITH PLASTIC CAP STAMPED "CARTER", FOR A CORNER OF THIS TRACT.
         SOUTH 36°55'52" EAST 38.92 FEET TO A SET 1/2" IRON ROD WITH
  PLASTIC CAP STAMPED "CARTER", AT THE INTERSECTION OF THE EAST LINE
  OF SAID SPRING VALLEY ROAD WITH THE NORTH RIGHT OF WAY LINE OF
  HIGHWAY NO. 377 (VARIABLE WIDTH RIGHT OF WAY), FOR THE SOUTHEAST
  CORNER OF THIS TRACT.
         THENCE SOUTHWESTERLY ALONG THE NORTH RIGHT OF WAY LINE OF
  SAID HIGHWAY NO. 377 AS FOLLOWS:
         SOUTH 53°04'09" WEST 44.90 FEET TO A 6" STEEL FENCE CORNER
  POST;
         SOUTH 48°48'08" WEST 542.15 FEET TO A 6" STEEL FENCE CORNER
  POST;
         SOUTH 45°59'59" WEST 413.26 FEET TO A 6" STEEL FENCE CORNER
  POST;
         SOUTH 53°26'47" WEST 301.86 FEET TO A 6" STEEL FENCE CORNER
  POST;
         SOUTH 42°08'10" WEST 199.45 FEET TO A FOUND CONCRETE MONUMENT;
  SOUTH 33°27'28" WEST 320.96 FEET TO A 6" STEEL FENCE CORNER POST;
  SOUTH 34°45'16" WEST 184.92 FEET TO A SET 1/2" IRON ROD FOR A CORNER
  OF THIS TRACT.
         SOUTH 42°11'21" WEST 499.46 FEET TO A SET 1/2" IRON ROD FOR A
  CORNER OF THIS TRACT.
         SOUTH 51°45'10" WEST 203.21 FEET TO A FOUND CONCRETE MONUMENT;
         SOUTH 41°58'37" WEST 269.46 FEET TO A FOUND CONCRETE MONUMENT;
         SOUTH 25°37'04" WEST 130.55 FEET TO A FOUND CONCRETE MONUMENT;
         SOUTH 47°39'24" WEST 286.27 FEET TO A FOUND CONCRETE MONUMENT;
         SOUTH 54°36'41" WEST 275.27 FEET A SET 1/2" IRON ROD WITH
  PLASTIC CAP STAMPED "CARTER", AT THE SOUTHEAST CORNER OF LOT 3,
  CRESSON ONE SOUTH, FOR THE SOUTHWEST CORNER OF THIS TRACT.
         THENCE NORTH 04°22'51" WEST 386.81 FEET A SET 1/2" IRON ROD
  WITH PLASTIC CAP STAMPED "CARTER" AT THE NORTHEAST CORNER OF SAID
  LOT 3, FOR A CORNER OF THIS TRACT.
         THENCE ALONG THE ARC OF THE CUL-DE-SAC OF SAID RIDGELINE
  COURT TO THE RIGHT, HAVING A RADIUS OF 60.00 FEET, AN ARC LENGTH OF
  314.16 FEET, AND WHOSE CHORD BEARS NORTH 08°29'51" WEST 60.00 FEET A
  SET 1/2" IRON ROD WITH PLASTIC CAP STAMPED "CARTER", AT THE
  SOUTHEAST CORNER OF LOT 4, CRESSON ONE SOUTH, FOR A CORNER OF THIS
  TRACT.
         THENCE ALONG THE EAST & NORTH LINES OF SAID LOT 4 AS FOLLOWS:
         NORTH 09°06'22" WEST 303.24 FEET TO A POINT;
         NORTH 38°16'02" WEST 27.52 FEET TO A POINT;
         NORTH 71°12'24" WEST 54.54 FEET TO A POINT;
         SOUTH 80°49'06" WEST 94.24 FEET TO A POINT;
         SOUTH 53°38'42" WEST 47.58 FEET TO A POINT;
         SOUTH 24°58'13" WEST 93.12 FEET TO A POINT;
         SOUTH 02°42'43" WEST 163.32 FEET TO A POINT;
         SOUTH 59°23'04" WEST 201.82 FEET A SET 1/2" IRON ROD WITH
  PLASTIC CAP STAMPED "CARTER" AT THE NORTHWEST CORNER OF SAID LOT 4,
  FOR THE SOUTHWEST CORNER OF THIS TRACT.
         THENCE NORTH 30°36'56" WEST 1319.90 FEET TO THE POINT OF
  BEGINNING. [10.16 ACRES WITHIN ROADWAY & RESERVES]
         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
  7975, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7975.108 to read as follows:
         Sec. 7975.108.  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 September 1, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 904 passed the Senate on
  May 10, 2017, by the following vote:  Yeas 29, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 904 passed the House on
  May 19, 2017, by the following vote:  Yeas 139, Nays 5, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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