Bill Text: TX HB4638 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Bear Creek Ranch Municipal Utility District No. 1 of Parker 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: (Passed) 2019-05-31 - Effective on 9/1/19 [HB4638 Detail]
Download: Texas-2019-HB4638-Enrolled.html
H.B. No. 4638 |
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relating to the creation of the Bear Creek Ranch Municipal Utility | ||
District No. 1 of Parker 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 8078 to read as follows: | ||
CHAPTER 8078. BEAR CREEK RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF | ||
PARKER COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8078.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Bear Creek Ranch Municipal | ||
Utility District No. 1 of Parker County. | ||
Sec. 8078.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8078.0103. CONFIRMATION AND DIRECTOR ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 8078.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8078.0103 until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 8078.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8078.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8078.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8078.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8078.0202. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2019, 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 8078.0103; or | ||
(2) September 1, 2023. | ||
(c) If permanent directors have not been elected under | ||
Section 8078.0103 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8078.0103; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8078.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8078.0302. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 8078.0303. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8078.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 8078.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCE OR RESOLUTION. The district shall comply with all | ||
applicable requirements of any ordinance or resolution that is | ||
adopted under Section 54.016 or 54.0165, Water Code, and that | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
Sec. 8078.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) 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 enacting 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 | ||
8078.0103 to confirm the district's creation. | ||
(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 8078.0103. If the voters of a new district do not confirm | ||
the creation of the new district, the assets, obligations, | ||
territory, and governance of the new district revert to the | ||
original district. | ||
(i) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
8078.0104 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. | ||
(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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8078.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) | ||
The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 8078.0403. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) The district may not issue bonds payable from ad valorem | ||
taxes to finance a road project unless the issuance is approved by a | ||
vote of a two-thirds majority of the district voters voting at an | ||
election held for that purpose. | ||
Sec. 8078.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8078.0401, the | ||
district may impose an operation and maintenance tax on taxable | ||
property in the district in accordance with Section 49.107, Water | ||
Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 8078.0403. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8078.0501. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 8078.0502. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 8078.0503. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The Bear Creek Ranch Municipal Utility District | ||
No. 1 of Parker County initially includes all the territory | ||
contained in the following area: | ||
BEING 2055.70 acres of land situated in the JAMES BRADLEY SURVEY, | ||
ABSTRACT No. 119, JAMES BRADLEY SURVEY, ABSTRACT No. 120, JOHN D. | ||
BAY SURVEY, ABSTARCT NO. 195, J.H. REAN SURVEY, ABSTRACT No. 1106, | ||
T.J. BENDERMAN SURVEY, ABSTRACT No. 2519, I. & G.N. RR. CO., | ||
SECTION NO. 3, BLOCK 1, ABSTRACT NO. 1799 and the PETER B. HOLDER | ||
SURVEY, ABSTRACT No. 614, Parker County, Texas, being a portion of | ||
those certain tracts of land described in deed as Parcel No. 1 and | ||
Parcel No. 2, to The Dixon Foundation, recorded in Book 2416, Page | ||
417, Official Public Records, Parker County, Texas, said 2055.70 | ||
acres being more particularly described as follows: | ||
BEGINNING at the most westerly northwest corner of said Parcel | ||
No. 2, in Bear Creek Road (Right-of-Way varies), from which a 2" | ||
steel fence corner post found in the south line of said Bear Creek | ||
Road bears S 01°12'56" E, a distance of 40.00 feet, for reference, | ||
said BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate | ||
value of NORTH: 6918277.984 and EAST: 2233063.538, for reference; | ||
THENCE along Bear Creek Road, as follows: | ||
S 67°36'03" E, a distance of 3869.57 feet to the most northerly | ||
northeast corner of said Parcel No. 2; | ||
S 02°12'27" E, a distance of 1472.57 feet to a point; | ||
S 55°59'27" E, a distance of 1165.45 feet to a point; | ||
S 71°46'27" E, a distance of 801.00 feet to a point; | ||
S 70°43'19" E, a distance of 221.91 feet to a point; | ||
S 70°45'54 E, a distance of 1742.88 feet to a point for the most | ||
northerly northeast corner of the herein described 2055.70 acre | ||
tract; | ||
THENCE S 24°06'27" W, leaving said Bear Creek Road, passing the | ||
northwest corner of that certain tract of land described in deed to | ||
Kevin Reeves, recorded in Instrument Number 2017-02400, Official | ||
Public Records, Parker County, Texas, and continuing along the most | ||
west line of said Reeves tract, in all, a distance of 1186.42 feet | ||
to a point from which a 5/8" iron rod found bears N 60°42'50" W, a | ||
distance of 0.42 feet, for reference; | ||
THENCE along the southwesterly lines of said Reeves tract as | ||
follows: | ||
S 60°42'50" E, a distance of 230.94 feet to a 5/8" iron rod found; | ||
S 14°49'14" E, a distance of 744.61 feet to a 5/8" iron rod found; | ||
N 72°21'34" E, a distance of 390.26 feet to a point from which a 3" | ||
steel pipe fence post bears N 06°43'26" W, a distance of 1.25 feet | ||
for reference; | ||
S 00°10'37" W, a distance of 764.25 feet to a 1/2" iron rod found at | ||
the southwest corner of said Reeves tract, being in the north line | ||
of a Seventy (70) foot wide Transmission Easement and Right-of-Way | ||
recorded in Book 2684, Page 531 and Book 2734, Page 1161, Official | ||
Public Records, Parker County, Texas; | ||
THENCE along the south line of said Reeves tract and the north line | ||
of said Transmission Easement and Right-of-Way, as follows: | ||
N 89°17'27" E, a distance of 766.57 feet to a point; | ||
S 87°58'20" E, a distance of 852.96 feet to a point; | ||
S 87°37'59" E, a distance of 500.58 feet to a point in the west | ||
occupied line of said Bear Creek Road, at the southeast corner of | ||
said Reeves tract; | ||
THENCE S 20°01'40" E, along the west occupied line of said Bear Creek | ||
Road, a distance of 75.70 feet to a 5/8" capped iron rod found | ||
stamped "Brooks Baker", being in the most easterly south line of | ||
said Parcel No. 2; | ||
THENCE along the most easterly south line of said Parcel No. 2, as | ||
follows: | ||
N 87°38'33" W, a distance of 529.23 feet to a point; | ||
N 87°58'55" W, a distance of 851.08 feet to a point; | ||
S 89°16'51" W, a distance of 765.97 feet to a point at the most | ||
southerly southwest corner of said Parcel No. 2 and being in the | ||
east line of said Parcel No. 1; | ||
THENCE S 03°54'04" E, along the east line of said Parcel No. 1 and | ||
along the called east line of said BENDERMAN SURVEY, a distance of | ||
10017.79 feet to a 2" pipe in concrete at the southeast corner of | ||
said Parcel No. 1 and being the called southeast corner of said | ||
BENDERMAN SURVEY; | ||
THENCE S 89°26'10" W, along the south line of said Parcel No. 1 and | ||
along the called south line of said BENDERMAN SURVEY, a distance of | ||
1606.98 feet to a 5/8" capped iron rod found stamped "Brooks Baker"; | ||
THENCE S 89°48'07" W, continuing along the south line of said Parcel | ||
No. 1 and continuing along the called south line of said BENDERMAN | ||
SURVEY, a distance of 3711.27 feet to a 2" pipe in concrete found at | ||
the most southerly southwest corner of said Parcel No. 1; | ||
THENCE N 01°35'25" W, along the most southerly west line of said | ||
Parcel No. 1, a distance of 1216.91 feet to a 2" pipe in concrete | ||
found at an interior corner of said Parcel No. 1 and being in the | ||
called south line of said J.H. REAN SURVEY; | ||
THENCE N 89°19'15" W, along the most westerly south line of said | ||
Parcel No. 1 and along the called south line of said J.H. REAN | ||
SURVEY, a distance of 660.00 feet to a 2" pipe in concrete found at | ||
the most westerly southwest corner of said Parcel No. 1 and being | ||
the called southwest corner of said J.H. REAN SURVEY; | ||
THENCE along the west line of said Parcel No. 1 and along the called | ||
west line of said J.H. REAN SURVEY, as follows: | ||
N 00°01'41" W, a distance of 2676.89 feet to a 5/8" iron rod found; | ||
N 00°04'03" W, a distance of 1981.74 feet to a 5/8" iron rod found; | ||
N 00°10'29" E, a distance of 1520.50 feet to a 5/8" iron rod found; | ||
N 00°04'43" W, a distance of 1097.99 feet to a 5/8" iron rod found; | ||
N 00°02-24" W, a distance of 901.55 feet to a 1/2" capped iron rod | ||
set stamped "C.F. Stark RPLS 5084"; | ||
N 00°25'07" W, a distance of 984.78 feet to a 2" pipe in concrete | ||
found at an interior corner of said Parcel No. 1; | ||
THENCE N 89°37'52" W along the most northerly south line of said | ||
Parcel No. 1, a distance of 2013.88 feet to a 1/2" capped iron rod | ||
set stamped "C.F. Stark RPLS 5084, at the most westerly southwest | ||
corner of said Parcel No. 1; | ||
THENCE ' N 00°45'08" W, along the most westerly west line of said | ||
Parcel No. 1, a distance of 1196.14 feet to a 5/8" rod found; | ||
THENCE N 01°17'22" W, continuing along the most westerly west line | ||
of said Parcel No. 1, a distance of 1964.12 to a 5/8" capped iron | ||
rod found stamped "Brooks Baker" at the northwest corner of said | ||
Parcel No. 1 and being the southwest corner of said Parcel No. 2, | ||
from which a 5/8" capped iron rod found (not legible) bears S | ||
88°46'12" E, a distance of 728.31 feet for reference; | ||
THENCE N 01°17'05" W, along the west line of said Parcel 2, a | ||
distance of 3591.76 feet to the POINT OF BEGINNING and containing | ||
2055.70 acres, more or less. | ||
Being a 235.50 acre tract situated in the I & G.N. RAILROAD CO. | ||
SURVEY, ABSTRANCT NO. 1783, AND THE A.J. OTTO SURVEY, ABSTRACT NO. | ||
2340, Parker County, Texas and being all of the land conveyed to | ||
Kolb Ranch, LLC as evidenced by deed recorded in County Clerk | ||
Documents No. 2018-13108 and 2018-14455, said 235.50 acres being | ||
further described in metes and bounds as follow: | ||
BEGINNING at a 1/2inch iron rod found in the west line of the Curtis | ||
D. Johnson, Jr. et al. tract, recorded in instrument | ||
No. 2013-12796, Official Public Records, Parker County, Texas, for | ||
the southeast corner of this tract. Said southeast corner also | ||
being the northeast corner of Maravilla Vistas Addition, and | ||
addition to Parker County, Texas recorded in Cabinet E, Slide 13, | ||
Plat Records, Parker County, Texas and having a NAD 83 coordinate of | ||
N: 6921387.53, E: 2234996.34; | ||
THENCE N 63°51'23" W along the north line of said Maravilla Vistas | ||
Addition, a distance of 1836.72 feet to a 1/2 inch iron rod found in | ||
the east line of the Vina Louise Klasing tract as recorded in Volume | ||
1548, Page 1187, Deed Records Parker County, Texas for the most | ||
southern southwest corner of this tract, said most southern | ||
southwest corner also being the northwest corner of said Maravilla | ||
Vistas; | ||
THENCE N 31°50'01" E, along the east line of said Klasing tract, a | ||
distance of 507.08 feet to a 1/2 inch iron rod set stamped "C.F. | ||
Stark 5084" for an interior corner of this tract; | ||
THENCE N 37°39'16" W, along the north line of said Klasing tract, a | ||
distance of 662.15 feet to a 1/2 inch iron rod found in the west line | ||
of said Klasing tract and the east line of La Madera, Phase 3, an | ||
addition to Parker County, Texas recorded in Cabinet D, Slide 219, | ||
Plat Records, Parker County, Texas, continuing along the north line | ||
of said La Madera Phase 3 a total distance of 2642.59 feet to a 1/2 | ||
inch iron rod found in the south line of McDavid Springs, an | ||
addition to Parker County, Texas recorded in Cabinet C, Slide 726, | ||
Plat Records, Parker County, Texas, for the most western southwest | ||
corner of this tract, said most western southwest corner also the | ||
northwest corner of said La Madera addition; | ||
THENCE N 61°45'54" E, along the south line of said McDavid Springs | ||
addition, a distance of 1335.26 feet to a 3 inch metal pipe post | ||
found for an interior corner of this tract, said 3 inch metal pipe | ||
post also being a corner for the McDavid Springs addition; | ||
THENCE N 00°11'28" W, along the east line of said McDavid Springs | ||
addition, a distance of 347.16 feet to a 3 inch metal pipe post | ||
found for the northwest corner of this tract, said northwest corner | ||
also being the southwest corner of the River Creek Addition, an | ||
addition to Parker County recorded in Cabinet B, Slide 296, Plat | ||
Records, Parker County, Texas; | ||
THENCE, along the south line of said River Creek addition and the | ||
south line of the Montex Drilling tract, recorded in Vol. 274, Pg. | ||
244, Deed Records, Parker County, Texas as follows: | ||
N 89°20'01" E, a distance of 1582.81 feet to a 1/2 inch iron | ||
rod set stamped "C.F. Stark 5084" | ||
N 89°24'23" E, a distance of 1099.43 feet to a 3 inch metal | ||
pipe post found in the west line of the W.A. Moncrief tract, | ||
recorded Vol. 523, Pg. 620, Deed Records, Parker County, Texas, for | ||
the most northern northeast corner of this tract, said most | ||
northern northeast corner also being the southeast corner of said | ||
Montex Drilling tract; | ||
THENCE S 01°03'51" E, along the west line of said Moncrief tract, a | ||
distance of 527.13 feet to a 3 inch metal pipe post found in the | ||
north line of said Johnson tract for a corner of this tract, said | ||
corner also the southwest corner of the Moncrief tract and the | ||
northwest corner of said Johnson tract; | ||
THENCE S 52°21'34" W, along the northwesterly line of said Johnson | ||
tract, a distance of 1487.07 feet to a 1/2 inch iron rod found | ||
stamped "Harlan" for an interior corner of this tract, said | ||
interior corner also being a the most westerly southwest corner of | ||
said Johnson tract; | ||
THENCE S 63°51'14" E, along the southwesterly line of said Johnson | ||
tract, a distance of 1555.29 feet to a 1/2 inch iron rod found | ||
stamped "Harlan" for the most easterly northeast corner of this | ||
tract, said most easterly northeast corner also being an interior | ||
corner of said Johnson tract; | ||
THENCE S 26°08'47" W, along the west line of said Johnson tract, a | ||
distance of 2473.48 feet to the POINT OF BEGINNING, and containing | ||
235.50 acres (10,258,662.02 square feet) more or less. | ||
BEING 215.30 acres situated in the I & G.N. RR. CO. SURVEY, Abstract | ||
No. 1783, the W.H. JONES SURVEY, Abstract No. 2395 and the J. | ||
BRADLEY SURVEY, Abstract No. 120, Parker County, Texas, being all | ||
of that certain tract of land described in deed to Curtis D. | ||
Johnson, Jr., et al, recorded in Instrument Number 201312796, | ||
Official Records, Parker County, Texas, being more particularly | ||
described as follows: | ||
BEGINNING at a 3" metal pipe post found at the most northerly | ||
northwest corner of said Johnson, Jr., et al tract and being the | ||
most easterly southeast corner of that certain tract of land | ||
described in deed to James P. McFarland, IV, recorded in Volume | ||
2606, Page 1426, Official Records, Parker County, Texas, said | ||
BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate value | ||
of NORTH:6925201.42 and EAST:2235867.72, for reference; | ||
THENCE N 88°48'42" E, along the north line of said Johnson, Jr., et | ||
al, tract, a distance of 1011.13 feet to a 3" concrete filled metal | ||
post found; | ||
THENCE S 89°54'31" E, continuing along the north line of said | ||
Johnson, Jr., et al, tract, a distance of 1002.32 feet to a 3" | ||
concrete filled metal post found at the northeast corner of said | ||
Johnson, Jr., et al, tract; | ||
THENCE along the east and southeasterly line of said Johnson, Jr., | ||
et al, tract, as follows: | ||
S 00°18'33" W, a distance of 729.65 feet to a 3" concrete filled | ||
metal post found; | ||
N 89°14'08" W, a distance of 333.23 feet to a 1/2" capped iron rod | ||
set stamped "C.F. Stark RPLS 5084"; | ||
S 26°08'40" W, at a distance of 7451.86 feet, passing a 1/2" iron rod | ||
found in the occupied north line of Bear Creek Road (Right-of-Way | ||
varies), and continuing, in all, a distance of 7472.30 feet to a | ||
point in said Bear Creek Road; | ||
THENCE N 67°45'12" W, along Bear Creek Road, a distance of 919.65 | ||
feet to a point at the southwest corner of said Johnson, Jr., et al, | ||
tract; | ||
THENCE N 26°08'53" E, leaving said Bear Creek Road, at a distance of | ||
20.20 feet passing a 1/2" capped iron rod found stamped "Harlan" in | ||
the occupied north line of said Bear Creek Road, and continuing, | ||
passing the southeast corner of MARAVILLA VISTAS, an Addition to | ||
Parker County, Texas, according to the Plat recorded in Cabinet D, | ||
Slide 491, Plat Records, Parker County, Texas, and continuing along | ||
the common line of said Johnson, Jr., et al, tract and said | ||
MARAVILLA VISTAS (recorded in Cab. D, Slide 491), at a distance of | ||
2465.14 feet, passing a 1/2" capped iron rod found stamped "Texas | ||
Surveying" at the northeast corner of said MARAVILLA VISTAS | ||
(recorded in Cab. D, Slide 491) and being the southeast corner of | ||
MARAVILLA VISTAS, an Addition to Parker County, Texas, according to | ||
the Plat recorded in Cabinet E, Slide 13, Plat Records, Parker | ||
County, Texas, and continuing along the common line of said | ||
Johnson, Jr., et al, tract and said MARAVILLA VISTAS (recorded in | ||
Cab. E, Slide 13), in all, a distance of 3622.23 feet to a 1/2" iron | ||
rod found at the northeast corner of said MARAVILLA VISTAS | ||
(recorded in Cab. E, Slide 13); | ||
THENCE N 26°08'47" E, along the northwesterly line of said Johnson, | ||
Jr., et al, tract, a distance of 2473.48 feet to a 1/2" capped iron | ||
rod found stamped "Harlan" at an ell corner of said Johnson, Jr., et | ||
al, tract; | ||
THENCE N 63°51'14" W, along a northerly south line of said Johnson, | ||
Jr., et al, tract, a distance of 1555.29 feet to a 1/2" capped iron | ||
rod found stamped "Harlan" at the most westerly northwest corner of | ||
said Johnson, Jr., et al, tract, being in the southeasterly line of | ||
that certain tract of land described in deed to James P. McFarland, | ||
IV, recorded in Volume 2606, Page 1426, Official Records, Parker | ||
County, Texas, from which a 1/2" capped iron rod found stamped | ||
"Harlan" bears S 52°17'02" W, a distance of 99.95 feet, for | ||
reference; | ||
THENCE N 52°21'34" E, along the common line of said Johnson, Jr., et | ||
al, tract and said James P. McFarland, IV, a distance of 1487.07 | ||
feet to the POINT OF BEGINNING and containing 215.30 acres of land, | ||
more or less. | ||
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 | ||
8078, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8078.0307 to read as follows: | ||
Sec. 8078.0307. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4638 was passed by the House on April | ||
26, 2019, by the following vote: Yeas 124, Nays 15, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4638 was passed by the Senate on May | ||
15, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |