Bill Text: TX HB4689 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Round Rock Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective immediately [HB4689 Detail]
Download: Texas-2019-HB4689-Enrolled.html
H.B. No. 4689 |
|
||
relating to the creation of the Round Rock Municipal Utility | ||
District No. 1; 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 8094 to read as follows: | ||
CHAPTER 8094. ROUND ROCK MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8094.0101. 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 Round Rock Municipal Utility | ||
District No. 1. | ||
Sec. 8094.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8094.0103. 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. 8094.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8094.0103 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. 8094.0105. 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. 8094.0106. 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. 8094.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8094.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8094.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Mitch Schwartz; | ||
(2) Tim Agee; | ||
(3) Dwain Halm; | ||
(4) Moses Kim; and | ||
(5) Steve Tucker. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8094.0103; 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 8094.0103 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 8094.0103; 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. 8094.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8094.0302. 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. 8094.0303. 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. 8094.0304. 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. 8094.0305. 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8094.0401. 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 8094.0403. | ||
(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. 8094.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8094.0401, 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. 8094.0403. 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. 8094.0501. 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. 8094.0502. 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. 8094.0503. 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 Round Rock Municipal Utility District No. 1 | ||
initially includes all the territory contained in the following | ||
area: | ||
TRACT A-1 | ||
BEING ALL OF THAT CERTAIN 64.513 ACRE TRACT OF LAND OUT OF AND | ||
PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED IN | ||
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS BEING | ||
ALL OF TRACT A: TRACT I, THAT CERTAIN 64.508 ACRE TRACT OF LAND | ||
CONVEYED TO CREEK BEND LAND HOLDINGS, LLC RECORDED IN DOCUMENT | ||
NUMBER 2009047398, OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, | ||
TEXAS (O.P.R.W.C.TX.), SAID 64.513 ACRE TRACT OF LAND, BEING MORE | ||
FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
COMMENCING, at a 1/2" iron rod found for the northwestern | ||
corner of that certain remainder of 196.96 acre tract of land | ||
conveyed to Stephen Pritchard Trust and Nancy K.P. Ohlendorf Family | ||
Trust in Volume 1980, Page 972, Deed Records, Williamson County, | ||
Texas (D.R.W.C.TX.), also being the southwestern corner of that | ||
certain remainder of 104.6 acre tract of land conveyed to Michael | ||
and Nancy Ohlendorf recorded in Document Number 2011085212 | ||
(O.P.R.W.C.TX.), and also being in the eastern right-of-way line of | ||
County Road 110 (R.O.W. varies), | ||
THENCE, with the common boundary line of said remainder of | ||
196.96 acre tract and said County Road, S21°29'00"E, a distance of | ||
210.29 feet to a point for the northwestern corner and the POINT OF | ||
BEGINNING of the herein described tract, | ||
THENCE, with the common boundary line of said 64.504 acre | ||
tract and said remainder of 196.96 acre tract, the following seven | ||
(7) courses and distances, numbered 1 through 7, | ||
1. N68°00'19"E, passing at a distance of 0.30 feet, a | ||
1/2" iron rod found, continuing for a total of 696.23 feet to a | ||
point, | ||
2. N09°35'20"W, a distance of 95.12 feet to a 1/2" iron | ||
rod found, | ||
3. N81°24'19"E, a distance of 329.97 feet to a 1/2" | ||
iron rod found, | ||
4. S02°42'11"E, a distance of 17.58 feet to a 1/2" iron | ||
rod found, | ||
5. N68°02'31"E, a distance of 1429.27 feet to a 1/2" | ||
iron rod found for the northeastern corner of said 64.504 acre | ||
tract, | ||
6. S22°04'24"E, a distance of 1099.73 feet to a 1/2" | ||
iron rod found at a fence corner, and | ||
7. S66°33'19"W, a distance of 2773.39 feet to a point | ||
for the southwestern corner of said 64.508 acre tract, also being in | ||
the eastern right-of-way line of said County, Road 110, | ||
THENCE, with the common boundary line of said 64.508 acre | ||
tract and said County Road 110, the following two (2) courses and | ||
distances, Numbered 1 and 2, | ||
1. N21°30'28"W, a distance of 953.75 feet to a 1/2" | ||
iron rod found, | ||
2. N21°29'00"W, a distance of 209.69 feet to the POINT | ||
OF BEGINNING and containing 64.513 acres of land. | ||
TRACT A-2 | ||
BEING ALL OF THAT CERTAIN 55.176 ACRE TRACT OF LAND OUT OF AND | ||
PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED IN | ||
WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS BEING | ||
A PORTION OF TRACT A: TRACT II, THAT CERTAIN REMAINDER OF 55.34 ACRE | ||
TRACT OF LAND CONVEYED TO LONE MOUNTAIN PROPERTIES, LLC RECORDED IN | ||
DOCUMENT NUMBER 2009005145, OFFICIAL PUBLIC RECORDS OF WILLIAMSON | ||
COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 55.176 ACRE TRACT OF LAND, | ||
BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
TRACT 1: | ||
BEGINNING, at a 1/2" iron rod found for the most northerly | ||
northwestern corner of said remainder of 55.34 acre tract, also | ||
being the northeastern corner of that certain remainder of 34.70 | ||
acre tract of land (Tract 1) conveyed to Henry Development, LTD, | ||
recorded in Document Number 2004089842 (O.P.R.W.C.TX.), and also | ||
being at a point of curvature for a curve to the left in the southern | ||
right-of-way line of University Boulevard (200' R.O.W.), and the | ||
POINT OF BEGINNING for the herein described tract, | ||
THENCE, with the common boundary line of said remainder of | ||
55.35 acre tract and said University Boulevard, the following two | ||
(2) courses and distances, numbered 1 and 2, | ||
1. With said curve to the left, having a radius of | ||
8563.00 feet, an arc length of 450.41 FEET, and whose chord bears | ||
N70°08'55"E, a distance of 450.36 feet to a capped iron rod found | ||
stamped "J S COALTER", and | ||
2. N68°38'27"E, a distance of 1514.12 feet to a 5/8" | ||
iron rod found, being the northeastern corner of said remainder of | ||
55.34 acre tract, also being the northwestern corner of that | ||
certain remainder of 60 acre tract of land conveyed to Audell Payne | ||
in Volume 456, Page 486, Deed Records, Williamson County, Texas, | ||
THENCE, with the common boundary line of said remainder of | ||
55.34 acre tract and said remainder of 60 acre tract, the following | ||
two (2) courses and distances, Numbered 1 and 2, | ||
1. S21°47'47"E, a distance of 903.92 feet to a 3/8" | ||
iron rod found, and | ||
2. N63°45'30"E, a distance of 87.68 feet to a 3/8" iron | ||
rod found, being an exterior corner in the eastern boundary line of | ||
said remainder of 55.34, also being the northwest corner of that | ||
certain 75 acre tract of land conveyed to Veterans Land Board | ||
recorded in Volume 781, Page 247, Deed Records Williamson County, | ||
Texas, | ||
THENCE, with the common boundary line of said remainder of | ||
55.34 acre tract and said 75 acre tract, S21°35'40"E, a distance of | ||
268.79 feet to a 1/2" iron rod found, being the southeastern corner | ||
of said remainder of 55.34 acre tract, also being the northeastern | ||
corner of that certain remainder of 104.6 acre tract conveyed to | ||
Michael and Nancy Ohlendorf recorded in Document Number 2011085212 | ||
(O.P.R.W.C.TX.), | ||
THENCE, with the common boundary line of said remainder of | ||
55.34 acre tract and said remainder of 104.6 acre tract, | ||
S68°34'49"W, a distance of 2056.46 feet to a point, being the | ||
southwestern corner of said remainder of 55.34 acre tract, also | ||
being the southeastern corner of that certain 0.07 acre tract of | ||
land (Tract II) conveyed to Henry Development, LTD. recorded in | ||
Document Number 2017045283 (O.P.R.W.C.TX.), | ||
THENCE, with said common boundary line of said remainder of | ||
55.34 acre tract, said 0.07 acre (Tract II), that certain 0.18 acre | ||
tract of land (Tract I) conveyed to Henry Development record in said | ||
Document Number 2017045283, that certain 0.14 acre tract of land | ||
conveyed to Henry Development, LTD. in Document Number 2017074516 | ||
(O.P.R.W.C.TX.), and said remainder of 34.70 acre tract (Tract 1), | ||
the following four (4) courses and distances, numbered 1 through 4, | ||
1. N21°27'32"W, a distance of 104.85 feet to a 1/2" | ||
iron rod found, | ||
2. N19°57'22"W, a distance of 30.33 feet to a 1/2" iron | ||
rod found, | ||
3. N22°42'01"W, a distance of 29.77 feet to a 1/2" iron | ||
rod found, and | ||
4. N21°32'01"W, a distance of 1014.31 feet to the POINT | ||
OF BEGINNING and containing 53.237 acres of land. | ||
TRACT 2: | ||
BEGINNING, at a 1/2" iron rod found for the most westerly | ||
northwestern corner of said remainder of 55.34 acre tract acre | ||
tract, being in the eastern right-of-way line of County Road 110 | ||
(R.O.W. varies), and also being the southwestern corner of that | ||
certain 2.07 acre tract of land conveyed (Tract 2) to Henry | ||
Development, LTD. recorded in Document Number 2004089842 | ||
(O.P.R.W.C.TX.), and being the northwestern corner and the POINT OF | ||
BEGINNING for the herein described tract, | ||
THENCE, with the common boundary line of said remainder of | ||
55.34 acre tract and said 2.07 acre tract, N68°32'30"E, passing at | ||
2766.90 feet a capped iron rod found for the southwest corner of | ||
that certain 0.14 acre tract of land conveyed to Henry Development | ||
LTD. recorded in Document Number 2017074513 (O.P.R.W.C.TX.) and | ||
continuing for a total distance of 2796.42 feet to a capped iron rod | ||
found, being the southwest corner of that certain 0.18 acre tract of | ||
land (Tract I) conveyed to Henry Development, LTD. and the | ||
northwest corner of that certain 0.07 acre tract of land (Tract II) | ||
both conveyed to Henry Development LTD. recorded in Document Number | ||
2017045283 (O.P.R.W.C.TX.), and being a southeast corner of said | ||
0.14 acre tract,. | ||
THENCE, with the common boundary line of said remainder of | ||
55.34 acre tract and said 0.07 acre tract, S21°20'56"E, a distance | ||
of 30.40 feet to a point, being the southwestern corner of said 0.07 | ||
acre tract, also being in the northern boundary line of that certain | ||
remainder of 104.6 acre tract conveyed to Michael and Nancy | ||
Ohlendorf in Document Number 2011085212 (O.P.R.W.C.TX.), | ||
THENCE, with the common boundary line of said remainder of | ||
55.34 acre tract and said remainder of 104.6 acre tract, | ||
S68°33'00"W, a distance of 2796.45 feet to a 1/2" iron rod found, | ||
being the southwestern corner of said remainder of 55.34 acre | ||
tract, also being the northwestern corner of said remainder of | ||
104.6 acre tract, and also being in the eastern right-of-way line of | ||
said County, Road 110, | ||
THENCE, with the common boundary line of said remainder of | ||
55.34 acre tract and said County, Road 110, N21°16'34"W, a distance | ||
of 30.00 feet to the POINT OF BEGINNING and containing 1.939 acres | ||
of land. | ||
TRACT 1 - 53.237 ACRES | ||
TRACT 2 - 1.939 ACRES | ||
A-2 TOTAL - 55.176 ACRES | ||
TRACT B-II | ||
BEING ALL OF THAT CERTAIN 104.256 ACRE TRACT OF LAND OUT OF | ||
AND PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED | ||
IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS | ||
BEING A PORTION OF TRACT B: TRACT II, THAT CERTAIN REMAINDER OF | ||
104.6 ACRE TRACT OF LAND CONVEYED TO MICHAEL AND NANCY OHLENDORF | ||
RECORDED IN DOCUMENT NUMBER 2011085212, OFFICIAL PUBLIC RECORDS OF | ||
WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 104.256 ACRE TRACT | ||
OF LAND, BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING, at a 1/2" iron rod found for the northwestern | ||
corner of said remainder of 104.6 acre tract,, also being the | ||
southwestern corner of that certain remainder of 55.34 acre tract | ||
of land conveyed to Lone Mountain Properties, LLC, and also being in | ||
the eastern right-of-way line, and also being the northwestern | ||
corner and the POINT OF BEGINNING for the herein described tract, | ||
THENCE, with the common boundary line of said remainder of | ||
104.6 acre tract, said remainder of 55.34 acre tract, that certain | ||
0.07 acre tract (Tract II) of land conveyed to Henry Development, | ||
LTD. in Document Number 2017045283 (O.P.R.W.C.TX.), N68°34'04"E, | ||
and that certain remainder of 55.34 acres of land conveyed to Lone | ||
Mountain Properties, LLC. in Document Number 2009005145 | ||
(O.P.R.W.C.TX.), a distance of 4957.79 feet to a 1/2" iron rod | ||
found, being the northeastern corner of said remainder of 104.6 | ||
acre tract, also being the southeastern corner of said remainder of | ||
55.34 acre tract and also being in the western boundary line of that | ||
certain 75.00 acre tract of land conveyed to Veterans Land Board in | ||
Volume 781, Page 247, Deed Records, Williamson County, Texas, | ||
THENCE, with the common boundary line of said 104.6 acre | ||
tract and said 75.00 acre tract, S21°26'17"E, a distance of 913.49 | ||
feet to a 1/2" iron rod found, being the southeastern corner of the | ||
herein described tract, also being the northeastern corner of that | ||
certain remainder of 196.96 acre tract of land conveyed to Stephen | ||
Pritchard Trust and Nancy K.P. Ohlendorf Family Trust in Volume | ||
1980, Page 972 Deed Records, Williamson County, Texas, | ||
THENCE, with the common boundary line of said remainder of | ||
104.6 acre tract and said remainder of 196.96 acre tract, | ||
S68°30'29"W, a distance of 4957.11 feet to a 1/2" iron rod found, | ||
being the southwestern corner of said remainder of 104.6 acre | ||
tract, also being the northwestern corner of said remainder of | ||
196.96 acre tract, and also being in the eastern right-of-way line | ||
of said County Road 110, | ||
THENCE, with the common boundary line of said remainder of | ||
104.6 acre tract and said County Road 110, the following two (2) | ||
courses and distances, numbered 1 and 2, | ||
1. N21°29'00"W, a distance of 909.64 feet to a 1/2" | ||
iron rod found, and | ||
2. N21°16'34"W, a distance of 9.02 feet to the POINT OF | ||
BEGINNING and containing 104.256 acres of land. | ||
TRACT B-III | ||
BEING ALL OF THAT CERTAIN 132.423 ACRE TRACT OF LAND OUT OF | ||
AND PART OF THE HENRY MILLARD SURVEY, ABSTRACT NUMBER 452, SITUATED | ||
IN WILLIAMSON COUNTY, TEXAS, BEING MORE PARTICULARY DESCRIBED AS | ||
BEING ALL OF TRACT B: TRACT III, THAT CERTAIN REMAINDER OF 196.96 | ||
ACRE TRACT OF LAND CONVEYED TO STEPHEN PRITCHARD TRUST AND NANCY | ||
K.P. OHLENDORF FAMILY TRUST RECORDED IN VOLUME 1980, PAGE 972, DEED | ||
RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), SAID 132.423 | ||
ACRE TRACT OF LAND, BEING MORE FULLY DESCRIBED BY METES AND BOUNDS | ||
AS FOLLOWS: | ||
BEGINNING, at a 1/2" iron rod found for the northwestern | ||
corner of said remainder of 196.96 acre tract, also being the | ||
southwestern corner of that certain remainder of 104.6 acre tract | ||
of land conveyed to Michael and Nancy Ohlendorf recorded in | ||
Document Number 2011085212 (O.P.R.W.C.TX.), and also being in the | ||
eastern right-of-way line of County Road 110 (R.O.W. varies), and | ||
the POINT OF BEGINNING for the herein described tract, | ||
THENCE, with the common boundary line of said remainder of | ||
196.96 acre tract and said remainder of 104.6 acre tract, | ||
N68°30'29"E, a distance of 4957.11 feet to a 1/2" iron rod found, | ||
being the northeastern corner of said 196.96 acre tract, also being | ||
the southeastern corner of said remainder of 104.6 acre tract, and | ||
also being in the eastern boundary line of that certain 75.00 acre | ||
tract of land conveyed to the Veterans Land Board in Volume 781, | ||
Page 247, Deed Records, Williamson County, Texas, | ||
THENCE, with the common boundary line of said remainder of | ||
196.96 acre tract and said 75.00 acre tract, S21°30'03"E, a distance | ||
of 1332.40 feet to a point, being the southeastern corner of said | ||
remainder of 196.96 acre tract, also being the northeastern corner | ||
of that certain 72.099 acre tract of land conveyed to Eleanor, | ||
Jacob, and Dorothea Olson in Volume 595, Page 131, Deed Records, | ||
Williamson County, Texas, and also being the southeastern corner of | ||
the herein described tract, | ||
THENCE, with the common boundary line of said remainder of | ||
196.96 acre tract and said 72.099 acre tract, S68°30'08"W, a | ||
distance of 1252.61 feet to a 1/2" iron rod found, being an angle | ||
point in the southern boundary line of said remainder of 196.96 acre | ||
tract, also being the northwest corner of said 72.099 acre tract, | ||
and also being the northeast corner of that certain 22.31 acre tract | ||
of land conveyed to SEDC Devco Inc. recorded in Document Number | ||
2015089805 (O.P.R.W.C.TX.), | ||
THENCE, with the common boundary line of said remainder of | ||
196.96 acre tract and said 22.31 acre tract, the following two (2) | ||
courses and distances, numbered 1 and 2, | ||
1. S12°52'51"W, a distance of 17.02 feet to a 1/2" iron | ||
rod found, and | ||
2. S68°23'05"W, a distance of 1224.09 feet to a capped | ||
iron rod found, being the northwest corner of said 22.31 acre tract, | ||
also being an interior corner on the south line of said remainder of | ||
196.96 acre tract, | ||
THENCE, with the common boundary corner of said remainder of | ||
196.96 acre tract and said 22.31 acre tract, S21°37'15"E, a distance | ||
of 776.54 feet to a 1/2" iron rod found, being a southeast corner of | ||
said remainder of 196.96 acre tract, also being the southwest | ||
corner of said 22.31 acre tract, and also being the northeast corner | ||
of the remainder of that certain 34.74 acre tract of land conveyed | ||
to SEDC Devco Inc. recorded in Document Number 2015089800 | ||
(O.P.R.W.C.TX.), and also being the northeastern corner of that | ||
certain 100 acre tract conveyed to Fred Liardon in Volume 131, Page | ||
131, (D.R.W.C.TX.), | ||
THENCE, with a south line of said remainder of 196.96 acre | ||
tract and the north line of said 100 acre tract, S68°37'33"W, a | ||
distance of 2472.34 feet to a 1/2" iron rod found, being the | ||
southwest corner of said remainder of 196.96 acre tract, also being | ||
the northwest corner of said remainder of 34.74 acre tract, also | ||
being in the northern boundary line of said 100 acre tract, and also | ||
being in the east right-of-way line of said County Road 110, from | ||
which a 1/2" iron rod found for the southwest corner of said | ||
remainder of 34.74 acre tract bears S21°20'42"E, a distance of | ||
616.07 feet, | ||
THENCE, with the common boundary line of said remainder of | ||
196.96 acre tract and said County Road 110, N21°30'28"W, a distance | ||
of 746.93 feet to a point, being the southwestern corner of that | ||
certain 64.508 acre tract of land conveyed to Creek Bend Holdings, | ||
LLC. in Document Number 2009047398 (O.P.R.W.C.TX.), | ||
THENCE, with the common boundary line of said remainder of | ||
196.96 acre tract and said 64.508 acre tract, the following seven | ||
(7) courses and distances, numbered 1 through 7, | ||
1. N66°33'19"E, a distance of 2473.39 feet to a 1/2" | ||
iron rod found, | ||
2. N22°04'24"W, a distance of 1099.73 feet to a 1/2" | ||
iron rod found, | ||
3. S68°02'31"W, a distance of 1429.27 feet to a 1/2" | ||
iron rod found, | ||
4. N02°42'11"W, a distance of 17.58 feet to a 1/2" iron | ||
rod found, | ||
5. S81°24'19"W, a distance of 329.97 feet to a 1/2" | ||
iron rod found, | ||
6. S09°35'20"E, a distance of 95.12 feet to a point, | ||
and | ||
7. S68°00'19"W, passing at 695.93 feet a 1/2" iron rod | ||
found and continuing for a total distance of 696.23 feet to a point, | ||
being the northwestern corner of said 64.528 acre tract, also being | ||
an exterior corner in the western boundary line of said remainder of | ||
196.96 acre tract, and also being in the eastern right-of-way line | ||
of said County, Road 110, | ||
THENCE, with the common boundary line of said remainder of | ||
196.96 acre tract and said County Road 110, N21°29'00"W, a distance | ||
of 210.29 feet to the POINT OF BEGINNING and containing 132.423 | ||
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 | ||
8094, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8094.0306 to read as follows: | ||
Sec. 8094.0306. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4689 was passed by the House on May | ||
10, 2019, by the following vote: Yeas 121, Nays 20, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4689 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |