Bill Text: TX HB1157 | 2013-2014 | 83rd Legislature | Comm Sub

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Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 136; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-05-02 - Comm. report sent to Local & Consent Calendar [HB1157 Detail]

Download: Texas-2013-HB1157-Comm_Sub.html

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83R22420 AED-F
By: Bell H.B. No. 1157
Substitute the following for H.B. No. 1157:
By: Stickland C.S.H.B. No. 1157

A BILL TO BE ENTITLED
relating to the creation of the Montgomery County Municipal Utility
District No. 136; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, or 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 8433 to read as follows:
CHAPTER 8433. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 136
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8433.001. 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. 136.
Sec. 8433.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8433.003. 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. 8433.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8433.003
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. 8433.005. 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, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8433.006. 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. 8433.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8433.052, directors serve
staggered four-year terms.
Sec. 8433.052. 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 8433.003; 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 8433.003 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 8433.003; 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. 8433.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8433.102. 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. 8433.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the commission as required by Section 54.234, Water Code.
Sec. 8433.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8433.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8433.105. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8433.151. 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 8433.153.
(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. 8433.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8433.151, 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. 8433.153. 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. 8433.201. 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. 8433.202. 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. 8433.203. 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. 136 initially includes all the territory contained in the
following area:
Being a 302.00 acre (13,155,064 square feet) parcel situated
in the John M. Smith Survey, Abstract 533 and the John Foster
Survey, Abstract 205, Montgomery County, Texas, being all of a
called 292.0 acre tract conveyed to Lakes At Mill Creek, L.P. by
General Warranty Deed recorded under Clerk's File No. 2006-092982
of the Official Public Records of Real Property, Montgomery County,
Texas, all of a called 10.0088 acre tract conveyed to Lakes at Mill
Creek, L.P. by Deed recorded under Clerk's File No. 2009-010587 of
the Official Public Records of Real Property, Montgomery County,
Texas, containing Unrestricted Reserve "A", Unrestricted Reserve
"B" and Unrestricted Reserve "C" of Silverado Ranches according to
the map or plat recorded under Cabinet G, Sheet 135 of the Map
Records of Montgomery County, Texas, said 302.00 acre parcel more
particularly described by metes and bounds as follows with all
bearings referenced to the Texas State Plane Coordinate System,
Central Zone;
BEGINNING, at a concrete monument found for the most easterly
corner of a called 2,420.0166 acre tract conveyed to Terra
Investments, L.P. by Special Warranty Deed recorded under Clerk's
File No. 2004-023496 of the Official Public Records of Real
Property, Montgomery County, Texas, for an interior corner of said
292.0 acre tract, and the herein described parcel, from which a
1-inch iron pipe found bears South 66°05'10" East, 23.42 feet;
THENCE, North 47°33'32" West, 2965.11 feet along the
northeasterly line of said 2,420.0166 acre tract, and a
southwesterly line of said 292.0 acre tract to a 5/8-inch iron rod
found in the southeasterly line of a called 44.3605 acre tract
conveyed to L. Frankie Hughes by Warranty Deed recorded under
Clerk's File No. 9342675 of the Official Public Records of Real
Property, Montgomery County, Texas, for the northerly most corner
of said 2,420.0166 acre tract, a southwesterly corner of said 292.0
acre tract, and the herein described parcel;
THENCE, North 48°16'19" East, 115.62 feet along a
southeasterly line of said 44.3605 acre tract, and a westerly line
of said 292.0 acre tract to a 1/2-inch iron rod found with cap for
the most easterly corner of said 44.3605 acre tract, and a
southwesterly corner of said 292.0 acre tract, and the herein
described parcel;
THENCE, North 49°09'16" West, 111.59 feet along the
northeasterly line of said 44.3605 acre tract, and a westerly line
of said 292.0 acre tract to a 1/2-inch iron rod found for the most
southerly corner of Lot 18 of Silverado Ranches according to the map
or plat thereof recorded under Cabinet G, Sheet 135 of the Map
Records of Montgomery County, Texas, for angle point in the west
line of said 292.0 acre tract, and the herein described parcel;
THENCE, North 06°38'19" East, 299.51 feet along the east line
of said Lot 18, and a westerly line of said 292.0 acre tract to a
1/2-inch iron rod found for an angle point in the east line of said
Lot 18, and an angle point in the westerly line of said 292.0 acre
tract, and the herein described parcel;
THENCE, North 16°56'26" East, 298.99 feet along the east line
of said Lot 18, and a westerly line of said 292.0 acre tract to a
1/2-inch iron rod found for the most southerly corner of Lot 16 of
said Silverado Ranches, for an angle point in the westerly line of
said 292.0 acre tract;
THENCE, North 27°25'49"East, 406.81 feet along the east line
of said Lot 16, and a westerly line of said 292.0 acre tract to a
1/2-inch iron rod found for an angle point in the east line of said
Lot 16, for an angle point in the west line of said 292.0 acre tract,
and the herein described parcel;
THENCE, North 03°40'26" West, 9.91 feet along the east line of
said Lot 16, and a westerly line of said 292.0 acre tract, to a
1/2-inch iron rod found for the southeast corner of said
Unrestricted Reserve "A", for the northeast corner of said Lot 16,
and an angle point in the westerly line of said 292.0 acre tract,
and the herein described parcel;
THENCE, South 87°48'31" West, 1032.81 feet along the north
line of said Lot 16, the north line of Lot 17 of said Silverado
Ranches, the south line of said Unrestricted Reserve "A", the
southerly line of said 292.0 acre tract to a 1/2-inch iron rod found
in the east right-of-way line of Collier Smith Road (called 60 feet
wide), for the northwest corner of said Lot 17, the southwest corner
of said Unrestricted Reserve "A", for a southwesterly corner of
said 292.0 acre tract, and the herein described parcel;
THENCE, North 02°03'22" West, 70.00 feet along the east
right-of-way line of said Collier Smith Road, and the west line of
said Unrestricted Reserve "A", and said 292.0 acre tract to a
1/2-inch iron rod found for the southwest corner of Lot 14 of said
Silverado Ranches, for the northwest corner of said Unrestricted
Reserve "A", for a southwesterly corner of said 292.0 acre tract,
and the herein described parcel;
THENCE, North 87°48'31" East 1030.83 feet along the south line
of said Lot 14, south line of Lot 15 of said Silverado Ranches, and
the north line of said Unrestricted Reserve "A", and a northerly
line of said 292.0 acre tract to a 1/2-inch iron rod found for the
southeast corner of said Lot 15, the northeast corner of said
Unrestricted Reserve "A", for an angle point in the west line of
said 292.0 acre tract, and the herein described parcel;
THENCE, North 03°40'26" West, along the east line of said
Silverado Ranches, the west line of said 292.0 acres, and the west
line of said Unrestricted Reserve "B", passing at a distance of
259.52 feet a 1/2-inch iron rod for the southeast corner of Lot 12
of said Silverado Ranches and the northeast corner of Lot 15 of said
Silverado Ranches, passing at a distance of 469.34 feet a 1/2-inch
iron rod found with cap for the southeast corner of Lot 11 of said
Silverado Ranches and the northeast corner of said Lot 12, passing
at a distance of 1188.598 feet a 1/2-inch iron rod found for the
southeast corner of Lot 6 of said Silverado Ranches the northeast
corner of Lot 7 of said Silverado Ranches, passing at 1425.87 feet a
1/2-inch iron rod found for the southeast corner of Lot 4 of said
Silverado Ranches and the northeast corner of Lot 6 of said
Silverado Ranches, continuing for a total distance of 1885.03 feet
to a 5/8-inch iron rod found in the south right-of-way line of
Dobbin Huffsmith Road (called 100 feet wide) for the northeast
corner of said Lot 4, the northwest corner of said Unrestricted
Reserve "B", for a northerly corner of said 292.0 acre tract, and
the herein described parcel;
THENCE, South 88°35'26" East, 80.29 feet along the south
right-of-way line of Dobbin Huffsmith Road, the north line of said
Unrestricted Reserve "B", and a northerly line of said 292.0 acre
tract to a 5/8-inch iron rod found for the northwest corner of the
residue of a called 7.6697 acre tract conveyed to Hollis Marlow by
Warranty Deed with Vendor's Lien recorded under Clerk's File No.
8133571 of the Official Public Records of Real Property, Montgomery
County, Texas, for the northeast corner of said Unrestricted
Reserve "C", for a northwesterly corner of said 292.0 acre tract,
and the herein described parcel;
THENCE, South 03°33'04" East, 321.12 feet along the west line
of said 7.6697 acre tract, the easterly line of said Unrestricted
Reserve "C" to a 5/8-inch iron rod set with cap (stamped "4833 Town &
Country") for the southwest corner of said 7.6697 acres, for an
interior corner of said Unrestricted Reserve "C", for a
northwesterly corner of said 292.0 acre tract, and the herein
described parcel;
THENCE, North 87°42'38" East, 688.90 feet along the south line
of said 7.6697 acre tract, the north line of said Unrestricted
Reserve "C", and a northerly line of said 292.0 acre tract to a
5/8-inch iron rod found for a northwesterly corner of a called 7.82
acre tract conveyed to Outback Ventures, LLC by Deed recorded under
Clerk's File No. 2006-086282 of the Official Public Records of Real
Property, Montgomery County, Texas, for the northeast corner of
said Unrestricted Reserve "C", for a northwesterly corner of said
292.0 acre tract, and the herein described parcel;
THENCE, South 02°29'36" East, 203.28 feet along the west line
of said 7.82 acre tract, along the east line of said Unrestricted
Reserve "C", and an easterly line of said 292.0 acre tract, to a
5/8-inch iron rod found with cap for the southwest corner of said
7.82 acres, for the northwest corner of said 10.0088 acre tract, for
a northwesterly corner of the herein described parcel;
THENCE, North 87°51'00" East, 786.99 feet along the south line
of said 7.82 acre tract, north line of said 10.0088 acre tract to a
5/8-inch iron rod found with cap for an angle point in the south
line of said 7.82 acre tract, the north line of said 10.0088 acre
tract, and an angle point in the north line of the herein described
parcel;
THENCE, South 61°50'46" East, 91.47 feet along the south line
of said 7.82 acre tract, the north line of said 10.0088 acre tract
to a 5/8-inch iron rod for an angle point in the south line of said
7.82 acre tract, and the northerly line of said 10.0088 acre tract,
and the herein described parcel;
THENCE, South 07°50'00" East, 211.57 feet along a westerly
line of 7.82 acre tract, and an easterly line of said 10.0088 acre
tract, to a 5/8-inch iron rod found for a southeasterly corner of
said 7.82 acre tract, and an angle point in the northerly line of
said 10.0088 acre tract, and the herein described parcel;
THENCE, North 85°27'26" East, 172.05 feet along the southerly
line of said 7.82 acre tract, and a northerly line of said 10.0088
acre tract to a 5/8-inch iron rod set with cap (stamped "4833 Town &
Country) in the west line of a called 10.00 acre tract conveyed to
R.M. Prince Inc. by Deed recorded under Clerk's File No. 8709356 of
the Official Public Records of Real Property, Montgomery County,
Texas, for the southeast corner of said 7.82 acre tract, for a
northeasterly corner of said 10.0088 acre tract, for an angle point
in northerly line of the herein described parcel;
THENCE, South 03°08'05" East, 379.05 feet along the westerly
line of said 10.00 acre tract, the west line of the residue of a
called 3.00 acre tract conveyed to R.M. Prince Inc. by Deed recorded
under Clerk's File No. 9509057 of the Official Public Records of
Real Property, Montgomery County, Texas, and the east line of said
10.0088 acre tract to a 1/2-inch iron rod found in the northerly
line of said 292.0 acre tract, for the southwest corner of said 3.00
acre tract, for the southeast corner of said 10.0088 acre tract, for
an angle point in the northerly line of said 292.0 acre tract, and
the herein described parcel;
THENCE, North 87°42'04" East, along the south line of said
3.00 acre tract, and a northerly line of said 292.0 acre tract,
passing at a distance of 53.72 feet a 5/8-inch iron rod, continuing
for a total distance of 342.79 feet to a 1/2-inch iron rod found for
the northwest corner of a called 3.00 acre tract conveyed to R.M.
Prince Inc. by Deed recorded under Clerk' File No. 9651886 of the
Official Public Records of Real Property, Montgomery County, Texas,
for the southwest corner of a called 3.00 acre tract conveyed to
R.M. Prince Inc. by Deed recorded under Clerk's File No. 9322880 of
the Official Public Records of Real Property, Montgomery County,
Texas, for the southeast corner of said 3.00 acres (C.F. No.
9509057), for an angle point in the northerly line of said 292.0
acre tract, and the herein described parcel;
THENCE, South 02°08'47" East, 343.83 feet along the west line
of said 3.00 acre tract (C.F. No. 9651886), an easterly line of said
292.0 acre tract to a 5/8-inch iron rod set with cap (stamped "4833
Town & Country) for the southwest corner of said 3.00 acre tract
(C.F. No. 9651886), for an angle point in the northerly line of said
292.0 acre tract, and the herein described parcel;
THENCE, North 87°51'09" East, 268.60 feet along the south line
of said 3.00 acre tract (C.F. No. 9651886), and the northerly line
of said 292.0 acre tract to a 5/8-inch iron rod set with cap
(stamped "4833 Town & Country) for the southeast corner of said 3.00
acre tract (C.F. No. 9651886), for an angle point in the northerly
line of said 292.0 acre tract, and the herein described parcel;
THENCE, North 20°10'18" East, 1062.91 feet along the east line
of said 3.00 acre tract (C.F. No. 9651886), and a westerly line of
292.0 acre tract to a 1/2-inch iron rod in the south right-of-way
line of said Dobbin Huffsmith Road, for the most northeasterly
corner of said 3.00 acre tract (C.F. No. 9651886) for a
northeasterly corner of said 292.0 acre tract, and the herein
described parcel;
THENCE, South 61°25'49" East, 1029.91 feet along the south
right-of-way line of said Dobbin Huffsmith Road, for the northerly
line of said 292.0 acre tract to a 5/8-inch iron rod set with cap
(stamped "4833 Town & Country) for the most northerly corner of
Decker Hills Section 3 according to the map or plat thereof recorded
under Cabinet D, Sheet 116-B of the Map Records of Montgomery
County, Texas, for the most northeasterly corner of said 292.0 acre
tract, and the herein described parcel;
THENCE, South 17°27'17" West, along the westerly line of said
Decker Hills Section 3, along the easterly line of said 292.0 acre
tract, passing at a distance of 887.47 feet a 1/2-inch iron rod
found for the southwest corner of Lot 2 of Block 10C of said Decker
Hills Section 3, for the northeast corner of Lot 26, Block 4C of
said Decker Hills Section 3, passing at a distance of 1274.93 feet
the southwest corner of Lot 2, Block 4C of said Decker Hills Section
3, for the northwest corner of Lot 25, Block 5C of said Decker Hills
Section 3, passing at a distance of 1919.97 feet a 1/2-inch iron rod
found for the southwest corner of Lot 27, Block 6C, and the
northwest corner of Lot 1, Block 6C of said Decker Hills Section 3,
passing at a distance of 2365.65 feet a 1/2-inch iron rod for the
southwest corner of Lot 26, Block 7C of said Decker Hills Section 3,
for the northwest corner of Lot 1, Block 7C of said Decker Hills
Section 3, passing at a distance of 2885.37 feet a 1/2-inch iron rod
found for the southwest corner of Lot 1, Block 8C of said Decker
Hills Section 3, for the northwest corner of Lot 2, Block 8C of said
Decker Hills Section 3, passing at a distance of 3015.05 feet a
1-1/2 inch iron pipe for the southwest corner of said Lot 2, for the
northwest corner of Lot 28, Block 8C of said Decker Hills Section 3,
passing at a distance of 3167.88 feet a 1/2-inch iron rod found for
the southwest corner of said Lot 28, for the northwest corner of Lot
2, Block 9C of said Decker Hills Section 3, passing at a distance of
3325.90 feet a 1/2-inch iron rod found for the southwest corner of
said Lot 1, and the northwest corner of Lot 2 of said Block 9C,
continuing for a total distance of 3746.83 feet to a fence corner
found in the west line of Lot 2, Block 10C of said Decker Hills
Section 3, for a southeasterly corner of said 292.0 acre tract, and
the herein described parcel, beginning a curve to the left;
THENCE, along the westerly line of said Lot 2, the westerly
line of Lot 3 of said Block 10C, and an easterly line of said 292.0
acre tract, along the arc of said curve to the left with a radius of
180.00 feet, an arc length of 173.99 feet, through a delta of
55°22'54", and a chord bearing South 10°12'26" East, 167.29 feet to a
power pole found for a northwesterly corner of said Lot 3, for a
southeasterly corner of said 292.0 acre tract, and the herein
described parcel;
THENCE, South 37°53'53" East, 190.29 feet along the
southwesterly line of said Block 10C, and an easterly line of said
292.0 acre tract to a fence corner found for the most southerly
corner of Lot 4 of said Block C, for the most westerly corner of Lot
5 of said Block 10C, for a southeasterly corner of said 292.0 acre
tract, and the herein described parcel, beginning a curve to the
right;
THENCE, continuing along the west line of said Block 10C, and
an easterly line of said 292.0 acre tract, along the arc of said
curve to the right with a radius of 175.00 feet, an arc length of
168.47 feet, through a delta of 55°09'34", and a chord bearing South
10°19'06" East, 162.04 feet to a 5/8-inch iron rod found in the south
right-of-way line of Wichita Falls Street (called 60 feet wide),
for the most northerly corner of a Sewer Plant Site in said Decker
Hills Section 3, for a southeasterly corner of said 292.0 acre
tract, and the herein described parcel;
THENCE, South 17°15'41" West, along a westerly line of said
Sewer Plant Site and a tract Reserved for Ranchette Tracts, and an
easterly line of said 292.0 acre tract, passing at a distance of
292.76 feet a 5/8-inch iron rod found, continuing for a total
distance of 1811.09 feet to a point in the center of Mill Creek, in
the northerly line of Decker Woods Ranchettes according to the map
or plat thereof recorded under Cabinet D, Sheet 112 of the Map
Records of Montgomery County, Texas, for a southwesterly corner of
said tract Reserved for Ranchette Tracts, for a southeasterly
corner of said 292.0 acre tract, and the herein described parcel;
THENCE, along the northerly line of said Decker Woods
Ranchettes, along a southwesterly line of said 292.0 acre tract,
along the centerline of said Mill Creek the following courses and
distances:
North 28°40'20" West, 15.81 feet;
North 72°05'01" West, 25.18 feet
South 34°21'33" West, 39.78 feet;
South 79°04'29" West, 126.76 feet;
North 71°24'37" West, 48.48 feet;
North 42°52'57" West, 69.21 feet;
North 03°18'28" West, 265.84 feet;
North 33°32'33" East, 157.09 feet;
North 21°37'23" East, 196.46 feet;
North 14°41'01" West, 179.25 feet;
North 28°11'12" West, 104.46 feet;
North 02°27'44" West, 121.90 feet;
North 82°54'33" West, 54.32 feet;
North 33°59'19" West, 130.65 feet;
North 53°40'15" West, 132.72 feet;
South 47°14'33" West, 80.96 feet;
South 87°29'16" West, 45.61 feet;
North 55°46'50" West, 120.20 feet to a point in the
center of said Mill Creek, in the southeasterly line of said
2,420.0166 acre tract, for the most northerly corner of Lot 21 of
said Decker Woods Ranchettes, for a southeasterly corner of said
292.0 acre tract and the herein described parcel;
THENCE, North 41°38'57" East, 563.33 feet along the
southeasterly line of said 2,420.0166 acre tract, and a westerly
line of said 292.0 acre tract to the POINT OF BEGINNING, CONTAINING
302.0 acres (13,155,064 square feet) of land in Montgomery 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
8433, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8433.106 to read as follows:
Sec. 8433.106. 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.