Bill Text: TX SB1845 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 48; 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) 2013-06-14 - Effective immediately [SB1845 Detail]
Download: Texas-2013-SB1845-Enrolled.html
| S.B. No. 1845 | ||
| relating to the creation of the Brazoria County Municipal Utility | ||
| District No. 48; 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 8426 to read as follows: | ||
| CHAPTER 8426. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 48 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8426.001. 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 Brazoria County Municipal | ||
| Utility District No. 48. | ||
| Sec. 8426.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8426.003. 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. 8426.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 8426.003 | ||
| 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. 8426.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
| (a) The district is created to serve a public purpose and benefit. | ||
| (b) The district is created to accomplish the purposes of: | ||
| (1) a municipal utility district as provided by | ||
| general law and Section 59, Article XVI, Texas Constitution; and | ||
| (2) Section 52, Article III, Texas Constitution, that | ||
| relate to the construction, acquisition, improvement, operation, | ||
| or maintenance of macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 8426.006. 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. 8426.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8426.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 8426.052. 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 8426.003; 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 8426.003 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 8426.003; 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. 8426.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8426.102. 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. 8426.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
| 52, Article III, Texas Constitution, the district may design, | ||
| acquire, construct, finance, issue bonds for, improve, operate, | ||
| maintain, and convey to this state, a county, or a municipality for | ||
| operation and maintenance macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 8426.104. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
| road project must meet all applicable construction standards, | ||
| zoning and subdivision requirements, and regulations of each | ||
| municipality in whose corporate limits or extraterritorial | ||
| jurisdiction the road project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| Sec. 8426.105. 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. 8426.151. 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 8426.153. | ||
| (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. 8426.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 8426.151, 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. 8426.153. 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. 8426.201. 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. 8426.202. 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. 8426.203. 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 Brazoria County Municipal Utility District | ||
| No. 48 initially includes all the territory contained in the | ||
| following area: | ||
| Being a 492.77 acre tract of land out of the Francis Moore | ||
| League, Abstract 100, Brazoria County, Texas; and being out of and a | ||
| portion of that certain called 2,075.08 acre tract of land as | ||
| conveyed in Special Warranty Deed to SUNTEX FULLER CORPORATION, | ||
| recorded in Clerk's File Number 99-003294 of the Official Public | ||
| Records of Real Property in Brazoria County, Texas; said 492.77 | ||
| acre tract of land is more particularly described by metes and | ||
| bounds as follows; | ||
| BEGINNING at a point for corner in the North line of said | ||
| Francis Moore League, Abstract-100 and the South line of J.M. Allen | ||
| Survey, Abstract 1, said common line being the Centerline of F.M. | ||
| 1462 (120-feet wide right-of-way) as described in Volume 303, Page | ||
| 215 in Deed Records of Brazoria County, Texas; said point being at | ||
| the intersection of said Centerline F.M. 1462 and the Westerly bank | ||
| of Chocolate Bayou; | ||
| THENCE with said Westerly bank of Chocolate Bayou as follows: | ||
| - South 29° 37' 12" East, 286.76 feet to a point for corner; | ||
| - South 37° 37' 45" East, 98.60 feet to a point for corner; | ||
| - South 58° 12' 19" East, 74.12 feet to a point for corner; | ||
| - South 65° 18' 15" East, 39.36 feet to a point for corner; | ||
| - South 72° 50' 52" East, 84.71 feet to a point for corner; | ||
| - South 62° 07' 23" East, 50.26 feet to a point for corner; | ||
| - South 63° 42' 25" East, 61.61 feet to a point for corner; | ||
| - South 83° 58' 31" East, 62.15 feet to a point for corner; | ||
| - South 89° 46' 42" East, 156.44 feet to a point for corner; | ||
| - North 78° 40' 17" East, 114.42 feet to a point for corner; | ||
| - South 83° 48' 49" East, 75.14 feet to a point for corner; | ||
| - South 44° 41' 36" East, 53.64 feet to a point for corner; | ||
| - South 35° 59' 27" East, 41.91 feet to a point for corner; | ||
| - South 54° 37' 18" East, 72.75 feet to a point for corner; | ||
| - South 60° 13' 15" East, 82.99 feet to a point for corner; | ||
| - South 84° 59' 15" East, 41.40 feet to a point for corner; | ||
| - North 65° 07' 37" East, 49.36 feet to a point for corner; | ||
| - North 49° 04' 05" East, 45.02 feet to a point for corner; | ||
| - North 27° 07' 24" East, 42.50 feet to a point for corner; | ||
| - North 05° 24' 53" East, 150.68 feet to a point for corner; | ||
| - North 17° 46' 16" East, 205.58 feet to a point for corner; | ||
| - North 29° 54' 00" East, 69.19 feet to a point for corner; | ||
| - North 53° 46' 00" East, 41.16 feet to a point for corner; | ||
| - North 73° 56' 12" East, 44.86 feet to a point for corner; | ||
| - South 74° 06' 34" East, 48.00 feet to a point for corner; | ||
| - South 57° 22' 21" East, 52.53 feet to a point for corner; | ||
| - South 46° 11' 23" East, 60.40 feet to a point for corner; | ||
| - South 23° 42' 34" East, 110.24 feet to a point for corner; | ||
| - South 37° 15' 55" East, 67.68 feet to a point for corner; | ||
| - South 13° 20' 22" East, 50.54 feet to a point for corner; | ||
| - South 13° 56' 17" West, 30.35 feet to a point for corner; | ||
| - South 43° 44' 18" West, 45.77 feet to a point for corner; | ||
| - South 28° 21' 38" West, 43.10 feet to a point for corner; | ||
| - South 02° 44' 06" West, 78.01 feet to a point for corner; | ||
| - South 12° 50' 40" West, 81.68 feet to a point for corner; | ||
| - South 30° 17' 22" West, 34.87 feet to a point for corner; | ||
| - South 55° 21' 34" West, 172.54 feet to a point for corner; | ||
| - South 24° 06' 16" West, 50.46 feet to a point for corner; | ||
| - South 02° 02' 05" West, 40.80 feet to a point for corner; | ||
| - South 06° 26' 16" East, 53.32 feet to a point for corner; | ||
| - South 36° 15' 31" East, 78.14 feet to a point for corner; | ||
| - South 70° 27' 18" East, 63.39 feet to a point for corner; | ||
| - South 82° 03' 36" East, 171.66 feet to a point for corner; | ||
| - North 83° 34' 28" East, 126.11 feet to a point for corner; | ||
| - South 87° 49' 03" East, 54.71 feet to a point for corner; | ||
| - South 80° 56' 32" East, 64.45 feet to a point for corner; | ||
| - North 84° 13' 38" East, 108.16 feet to a point for corner; | ||
| - South 49° 12' 27" East, 91.66 feet to a point for corner; | ||
| - South 29° 23' 53" East, 36.26 feet to a point for corner; | ||
| - South 08° 12' 55" East, 50.07 feet to a point for corner; | ||
| - South 14° 12' 56" West, 32.94 feet to a point for corner; | ||
| - South 41° 22' 38" West, 30.22 feet to a point for corner; | ||
| - South 62° 38' 50" West, 27.71 feet to a point for corner; | ||
| - South 46° 50' 24" West, 40.68 feet to a point for corner; | ||
| - South 19° 42' 22" West, 78.54 feet to a point for corner; | ||
| - South 29° 41' 54" West, 57.57 feet to a point for corner; | ||
| - South 54° 43' 10" West, 59.98 feet to a point for corner; | ||
| - North 75° 12' 03" West, 28.25 feet to a point for corner; | ||
| - North 58° 05' 53" West, 80.22 feet to a point for corner; | ||
| - North 68° 16' 26" West, 80.89 feet to a point for corner; | ||
| - North 84° 24' 48" West, 113.51 feet to a point for corner; | ||
| - South 85° 36' 43" West, 57.64 feet to a point for corner; | ||
| - South 59° 07' 07" West, 35.52 feet to a point for corner; | ||
| - South 43° 10' 00" West, 173.07 feet to a point for corner; | ||
| - South 58° 18' 23" West, 59.61 feet to a point for corner; | ||
| - South 65° 27' 02" West, 95.46 feet to a point for corner; | ||
| - South 75° 33' 32" West, 38.58 feet to a point for corner; | ||
| - South 41° 03' 58" West, 116.50 feet to a point for corner; | ||
| - South 22° 37' 47" West, 141.61 feet to a point for corner; | ||
| - South 50° 15' 58" West, 35.62 feet to a point for corner; | ||
| - South 56° 20' 46" West, 45.50 feet to a point for corner; | ||
| - South 76° 05' 17" West, 34.12 feet to a point for corner; | ||
| - North 84° 28' 59" West, 68.63 feet to a point for corner; | ||
| - North 73° 17' 07" West, 48.33 feet to a point for corner; | ||
| - North 82° 37' 09" West, 97.81 feet to a point for corner; | ||
| - North 70° 03' 45" West, 68.68 feet to a point for corner; | ||
| - North 31° 08' 18" West, 94.47 feet to a point for corner; | ||
| - North 53° 10' 57" West, 46.64 feet to a point for corner; | ||
| - South 88° 04' 18" West, 51.20 feet to a point for corner; | ||
| - South 48° 48' 10" West, 34.38 feet to a point for corner; | ||
| - South 24° 58' 40" West, 28.83 feet to a point for corner; | ||
| - South 14° 30' 57" West, 62.55 feet to a point for corner; | ||
| - South 11° 22' 46" West, 47.19 feet to a point for corner; | ||
| - South 06° 21' 31" West, 71.09 feet to a point for corner; | ||
| - South 01° 53' 08" East, 54.84 feet to a point for corner; | ||
| - South 22° 47' 28" East, 73.62 feet to a point for corner; | ||
| - South 40° 22' 45" East, 88.74 feet to a point for corner; | ||
| - South 49° 22' 08" East, 65.26 feet to a point for corner; | ||
| - South 43° 59' 08" East, 38.80 feet to a point for corner; | ||
| - South 23° 37' 58" East, 41.60 feet to a point for corner; | ||
| - South 13° 27' 43" East, 72.46 feet to a point for corner; | ||
| - South 04° 01' 07" West, 42.58 feet to a point for corner; | ||
| - South 06° 34' 31" East, 63.66 feet to a point for corner; | ||
| - South 27° 26' 58" East, 82.58 feet to a point for corner; | ||
| - South 43° 05' 31" East, 75.71 feet to a point for corner; | ||
| - South 56° 19' 30" East, 49.62 feet to a point for corner; | ||
| - South 67° 40' 45" East, 29.88 feet to a point for corner; | ||
| - North 79° 19' 18" East, 74.56 feet to a point for corner; | ||
| - North 76° 45' 00" East, 53.43 feet to a point for corner; | ||
| - North 65° 44' 53" East, 63.34 feet to a point for corner; | ||
| - North 56° 48' 14" East, 127.00 feet to a point for corner; | ||
| - North 49° 25' 33" East, 78.20 feet to a point for corner; | ||
| - North 67° 53' 48" East, 26.43 feet to a point for corner; | ||
| - South 88° 06' 40" East, 37.72 feet to a point for corner; | ||
| - South 74° 00' 35" East, 71.50 feet to a point for corner; | ||
| - South 65° 57' 46" East, 38.27 feet to a point for corner; | ||
| - South 89° 42' 38" East, 87.64 feet to a point for corner; | ||
| - North 85° 26' 05" East, 90.72 feet to a point for corner; | ||
| - North 80° 10' 34" East, 82.71 feet to a point for corner; | ||
| - North 87° 00' 20" East, 124.97 feet to a point for corner; | ||
| - North 89° 26' 04" East, 57.86 feet to a point for corner; | ||
| - North 77° 34' 48" East, 49.14 feet to a point for corner; | ||
| - North 58° 17' 24" East, 108.39 feet to a point for corner; | ||
| - North 75° 24' 28" East, 30.99 feet to a point for corner; | ||
| - South 88° 57' 13" East, 34.60 feet to a point for corner; | ||
| - South 56° 09' 02" East, 32.08 feet to a point for corner; | ||
| - South 22° 58' 47" East, 33.43 feet to a point for corner; | ||
| - South 05° 22' 46" East, 44.50 feet to a point for corner; | ||
| - South 05° 06' 14" East, 36.88 feet to a point for corner; | ||
| - South 01° 13' 08" West, 27.95 feet to a point for corner; | ||
| - South 15° 10' 17" West, 107.22 feet to a point for corner; | ||
| - South 23° 55' 06" West, 72.71 feet to a point for corner; | ||
| - South 30° 49' 01" West, 145.30 feet to a point for corner; | ||
| - South 15° 47' 42" West, 100.00 feet to a point for corner; | ||
| - South 04° 46' 36" West, 54.14 feet to a point for corner; | ||
| - South 02° 57' 21" East, 60.40 feet to a point for corner; | ||
| - South 10° 08' 35" East, 49.22 feet to a point for corner; | ||
| - South 09° 42' 06" East, 58.74 feet to a point for corner; | ||
| - South 07° 38' 22" East, 36.41 feet to a point for corner; | ||
| - South 31° 36' 51" East, 65.72 feet to a point for corner; | ||
| - South 51° 26' 07" East, 61.58 feet to a point for corner; | ||
| - South 67° 13' 50" East, 144.59 feet to a point for corner; | ||
| - South 77° 25' 44" East, 191.64 feet to a point for corner; | ||
| - North 78° 29' 03" East, 44.38 feet to a point for corner; | ||
| - South 78° 19' 52" East, 41.39 feet to a point for corner; | ||
| - South 66° 14' 34" East, 44.08 feet to a point for corner; | ||
| - South 61° 53' 03" East, 46.63 feet to a point for corner; | ||
| - South 49° 56' 58" East, 51.47 feet to a point for corner; | ||
| - South 02° 17' 31" East, 112.25 feet to a point for corner; | ||
| - South 43° 16' 43" West, 98.84 feet to a point for corner; | ||
| - South 57° 11' 33" West, 98.06 feet to a point for corner; | ||
| - South 40° 07' 08" West, 236.64 feet to a point for corner; | ||
| - North 70° 59' 30" West, 57.49 feet to a point for corner; | ||
| - North 48° 00' 50" West, 118.49 feet to a point for corner; | ||
| - North 76° 05' 32" West, 63.06 feet to a point for corner; | ||
| - South 69° 35' 35" West, 58.51 feet to a point for corner; | ||
| - South 13° 44' 39" West, 184.14 feet to a point for corner; | ||
| - South 12° 29' 32" East, 146.42 feet to a point for corner; | ||
| - South 41° 49' 23" East, 87.14 feet to a point for corner; | ||
| - South 80° 55' 57" East, 86.52 feet to a point for corner; | ||
| - North 75° 00' 30" East, 121.65 feet to a point for corner; | ||
| - South 87° 45' 43" East, 74.00 feet to a point for corner; | ||
| - South 52° 58' 03" East, 81.42 feet to a point for corner; | ||
| - South 38° 54' 56" East, 96.24 feet to a point for corner; | ||
| - South 50° 58' 05" East, 142.39 feet to a point for corner; | ||
| - South 27° 12' 41" East, 168.84 feet to a point for corner; | ||
| - South 66° 04' 26" East, 86.14 feet to a point for corner; | ||
| - North 47° 10' 06" East, 94.51 feet to a point for corner; | ||
| - North 62° 41' 11" East, 70.59 feet to a point for corner; | ||
| - North 29° 32' 19" East, 146.55 feet to a point for corner; | ||
| - North 64° 55' 24" East, 71.38 feet to a point for corner; | ||
| - South 45° 02' 00" East, 69.41 feet to a point for corner; | ||
| - South 20° 13' 41" East, 153.12 feet to a point for corner; | ||
| - South 39° 23' 59" East, 99.67 feet to a point for corner; | ||
| - South 07° 54' 52" West, 76.85 feet to a point for corner; | ||
| - South 38° 29' 47" West, 183.92 feet to a point for corner; | ||
| - South 33° 25' 33" West, 89.62 feet to a point for corner; | ||
| - South 12° 25' 45" East, 37.02 feet to a point for corner; | ||
| - South 47° 14' 01" East, 94.42 feet to a point for corner; | ||
| - South 36° 03' 09" East, 77.48 feet to a point for the | ||
| Southeast corner of the herein described tract of land; | ||
| THENCE South 62° 54' 39" West with the Southeasterly line of | ||
| the herein described tract of land, the Northwesterly line of | ||
| Brazoria County M.U.D. No. 50, 3,610.87 feet to a point for the | ||
| Southernmost Southwest corner of the herein described tract of | ||
| land, being in the arc of a non-tangent curve to the right, for the | ||
| East line of Savannah Plantation, Section Three as recorded in | ||
| Volume 21, Page 1-2 of the Map Records of Brazoria County, Texas; | ||
| THENCE with the East line of said Savannah Plantation, | ||
| Section Three, the West line of the herein described tract of land | ||
| as follows: | ||
| - Along the arc of said non-tangent curve to the right, | ||
| having a chord of North 17° 20' 19" East, 788.14 feet, a radius of | ||
| 2,230.00 feet, a central angle of 20° 21' 25", an arc length of | ||
| 792.31 feet to a point of non-tangent reverse curvature for corner; | ||
| - Along the arc of said non-tangent reverse curve to the | ||
| left, having a chord of North 05° 50' 56" West, 235.49 feet, a radius | ||
| of 200.00 feet, a central angle of 72° 08' 00", an arc length of | ||
| 251.79 feet to a point for corner; | ||
| - North 41° 54' 56" West, 411.19 feet to a point for corner at | ||
| the beginning of a curve to the right; | ||
| - Along the arc of said curve to the right, having a chord of | ||
| North 30° 37' 03" West, 352.64 feet, a radius of 900.00 feet, a | ||
| central angle of 22° 35' 45", an arc length of 354.93 feet to a point | ||
| for corner; | ||
| - North 19° 19' 11" West, 470.76 feet to a point for the | ||
| Northeast corner of said Savannah Plantation, Section Three, being | ||
| in the South line of Savannah Plantation, Section Four as recorded | ||
| in Volume 21, Pages 153-154 of the Map Records of Brazoria County, | ||
| Texas; | ||
| THENCE with the South line of said Savannah Plantation, | ||
| Section Four as follows: | ||
| - North 70° 40' 49" East, 665.48 feet to a point for corner at | ||
| the beginning of a curve to the left; | ||
| - Along the arc of said curve to the left, having a chord of | ||
| North 55° 54' 25" East, 968.98 feet, a radius of 1900.00 feet, a | ||
| central angle of 29° 32' 48", an arc length of 979.80 feet to a point | ||
| of reverse curvature for corner; | ||
| - Along the arc of said reverse curve to the right, having a | ||
| chord of North 48° 00' 02" East, 406.52 feet, a radius of 1700.00 | ||
| feet, a central angle of 13° 44' 02", an arc length of 407.49 feet to | ||
| a point for the Easternmost corner of said Savannah Plantation, | ||
| Section Four; | ||
| THENCE North 45° 17' 17" West with the Northeasterly line of | ||
| said Savannah Plantation, Section Four, 498.34 feet to a point for | ||
| the Northeast corner of said Savannah Plantation, Section Four, at | ||
| the beginning of a non-tangent curve to the left; | ||
| THENCE with the North line of said Savannah Plantation, | ||
| Section Four as follows: | ||
| - Along the arc of said non-tangent curve to the left, | ||
| having a chord of South 51° 47' 20" West, 236.29 feet, a radius of | ||
| 640.00 feet, a central angle of 21° 16' 32", an arc length of 237.65 | ||
| feet to a point for corner; | ||
| - South 41° 09' 03" West, 202.91 feet to a point for corner; | ||
| - North 48° 50' 57" West, 15.15 feet to a point for corner at | ||
| the beginning of a curve to the left; | ||
| - Along the arc of said curve to the left, having a chord of | ||
| North 62° 26' 57" West, 348.01 feet, a radius of 740.00 feet, a | ||
| central angle of 27° 12' 00", an arc length of 351.30 feet to a point | ||
| for corner; | ||
| - South 13° 57' 02" West, 80.00 feet to a point for corner; | ||
| - South 70° 37' 31" West, 1280.48 feet to a point for corner; | ||
| - South 70° 43' 06" West, 3,357.14 feet to a point for the | ||
| Northwest corner of said Savannah Plantation, Section Four, in the | ||
| Northeasterly line of said Savannah Plantation, Section Three, the | ||
| Northeasterly right-of-way line of Savannah Plantation Drive | ||
| (150-foot right-of-way)as recorded in said Savannah Plantation, | ||
| Section Three; | ||
| THENCE North 27° 01' 02" West, passing at a distance of 695.14 | ||
| feet a point marking the Northernmost Northeast corner of said | ||
| Savannah Plantation, Section Three, being the Southeast corner of | ||
| Savannah Plantation, Section Two, as recorded in Volume 20, Pages | ||
| 333-334 of the Map Records of Brazoria County, Texas; and | ||
| continuing for a total distance of 1,173.56 feet to a point for the | ||
| Southwest corner of Savannah Plantation, Section One (Unrecorded); | ||
| THENCE with the Southeasterly line of said Savannah | ||
| Plantation, Section One as follows: | ||
| - North 62° 58' 58" East, 1515.00 feet to a point for corner; | ||
| - North 27° 01' 02" West, 474.00 feet to a point for corner; | ||
| - North 62° 58' 58" East, 1,800.00 feet to a point for the | ||
| Easternmost Southeast corner of said Savannah Plantation, Section | ||
| One; | ||
| - North 27° 01' 02" West, 786.10 feet to a point for the | ||
| Northeast corner of said Savannah Plantation, Section One, the | ||
| Northwest corner of the herein described tract of land, in the | ||
| Centerline of said F.M. 1462, in said North line of Francis Moore | ||
| League, A-100, the South line of said J.M. Allen Survey, A-1; | ||
| THENCE North 62° 58' 58" East with said centerline and said | ||
| common survey line, 2,586.70 feet to the POINT OF BEGINNING; | ||
| containing 492.77 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 | ||
| 8426, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 8426.106 to read as follows: | ||
| Sec. 8426.106. 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 Subsection (c), | ||
| Section 17, 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1845 passed the Senate on | ||
| April 23, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1845 passed the House on | ||
| May 17, 2013, by the following vote: Yeas 134, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
