Bill Text: TX SB2625 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of the Highland Park Municipal Utility District of Grayson 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 1-0)
Status: (Introduced - Dead) 2023-05-26 - Recommendations filed with the Senate [SB2625 Detail]
Download: Texas-2023-SB2625-Introduced.html
88R19633 SCP-F | ||
By: Springer | S.B. No. 2625 |
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relating to the creation of the Highland Park Municipal Utility | ||
District of Grayson 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 8000A to read as follows: | ||
CHAPTER 8000A. HIGHLAND PARK MUNICIPAL UTILITY DISTRICT OF GRAYSON | ||
COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8000A.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 Highland Park Municipal | ||
Utility District of Grayson County. | ||
Sec. 8000A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8000A.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. 8000A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8000A.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 as required by | ||
applicable law. | ||
Sec. 8000A.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. 8000A.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. 8000A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 8000A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8000A.0202. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2023, 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 8000A.0103; or | ||
(2) September 1, 2027. | ||
(c) If permanent directors have not been elected under | ||
Section 8000A.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 8000A.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. 8000A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8000A.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. 8000A.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. 8000A.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. 8000A.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. 8000A.0306. DIVISION OF DISTRICT. (a) 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. | ||
(b) An order dividing a district may create one or more new | ||
districts and may provide for the continuation of the district. | ||
(c) An order dividing the district shall: | ||
(1) name any new district; | ||
(2) include the metes and bounds description of the | ||
territory of each of the districts; | ||
(3) appoint temporary directors for any new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the districts. | ||
(d) The board may adopt an order dividing the district | ||
before or after the date the board holds an election to confirm the | ||
district's creation. | ||
(e) The district may be divided only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(f) A 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. | ||
(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) 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. | ||
(i) A new district created by the division of the district | ||
shall hold a confirmation and directors' election. | ||
(j) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(k) A 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. | ||
(l) The district may continue to rely on confirmation, | ||
directors', bond, or tax elections held prior to the division. | ||
(m) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8000A.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 | ||
8000A.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. 8000A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8000A.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. 8000A.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. 8000A.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. 8000A.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. 8000A.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 Highland Park Municipal Utility District of | ||
Grayson County initially includes all the territory contained in | ||
the following area: | ||
NORTH TRACT: | ||
BEING all that certain tract of land situated in the ROBERT THOMPSON | ||
SURVEY, ABSTRACT NO. 1199, the ELIZABETH JONES SURVEY, ABSTRACT NO. | ||
625, the THOMAS JONES SURVEY, ABSTRACT NO. 635, and the WILLIAM | ||
MARTIN SURVEY, Abstract NO. 765, Grayson County, Texas, and being | ||
all that certain tract conveyed as North Tract to TLS Investments, | ||
L.P., by deed recorded in 2017-27776, Official Public Records, | ||
Grayson County, Texas, and being all that certain tract of land | ||
conveyed to TLS Investments. L.P., by deeds recorded in Instrument | ||
No. 2017-27771 and 2017- 27765, said Official Public Records, and | ||
being more particularly described as follows: | ||
BEGINNING at a 1/2 inch iron rod with yellow cap found for the | ||
Northeast corner of the herein described tract, same being the | ||
Northeast corner of said TLS tract (2017-27771), same being in the | ||
intersection of OB Groner Road (prescriptive right-of-way) and | ||
Bradley Road (prescriptive right-of-way), same being the Southeast | ||
corner of that certain tract of land conveyed to Huy Quach and | ||
Charles Shao Wu, by deed recorded in Volume 3260, Page 62, said Deed | ||
Records, same being in the Westerly line of that certain tract of | ||
land conveyed to Munson Realty Co., by deed (no recording | ||
information found); | ||
THENCE South 14 deg. 18 min. 06 sec. East, along the common line of | ||
said TLS tract (2017-27771) and said Munson tract, same being the | ||
approximate centerline of said Bradley Road, a distance of 3060.97 | ||
feet to a railroad spike found for internal corner, same being in | ||
the intersection of said Bradley Road and Old Dorchester Road | ||
(prescriptive right-of-way), same being the Southwest corner of | ||
said Munson tract; | ||
THENCE continuing along the common line of said TLS tract | ||
(2017-27771) and said Munson tract, same being the approximate | ||
centerline of said Old Dorchester Road as follows: | ||
North 55 deg. 30 min. 26 sec. East, a distance of 98.77 feet to a 1/2 | ||
inch iron rod with yellow "RPLS 4709" cap found for angle point; | ||
North 83 deg. 18 min. 49 sec. East, a distance of 764.38 feet to a | ||
nail set with shiner for corner, same being the most Northerly | ||
Northwest corner of that certain tract of land conveyed to Trinidad | ||
Ranch, LLC, by deed recorded in Instrument No. 2016- 26898, said | ||
Official Public Records; | ||
THENCE along the common line of said TLS tract (2017-27771) and said | ||
Trinidad tract as follows: | ||
South 21 deg. 07 min. 44 sec. West, a distance of 229.00 feet to an | ||
angle point; | ||
South 09 deg. 44 min. 43 sec. West, a distance of 117.88 feet to an | ||
angle point; | ||
South 76 deg. 29 min. 42 sec. West, a distance of 65.94 feet to an | ||
angle point; | ||
South 81 deg. 19 min. 47 sec. West, a distance of 60.87 feet to an | ||
angle point; | ||
South 69 deg. 58 min. 43 sec. West, a distance of 259.82 feet to an | ||
angle point; | ||
South 05 deg. 47 min. 15 sec. East, a distance of 235.24 feet to an | ||
angle point; | ||
South 79 deg. 01 min. 46 sec. West, a distance of 26.33 feet to an | ||
angle point; | ||
South 39 deg. 40 min. 43 sec. West, a distance of 81.98 feet to an | ||
angle point; | ||
South 53 deg. 03 min. 44 sec. West, a distance of 136.31 feet to a 4 | ||
inch Bois D'Arc fence post found for corner; | ||
South 15 deg. 10 min. 32 sec. East, passing the Southwest corner of | ||
said Trinidad tract, same being the Northwest corner of that | ||
certain tract of land conveyed to Paul Wayne Griffin and wife, | ||
Debbie A. Griffin, by deed recorded in Volume 4844, Page 892, Deed | ||
Records, Grayson County, Texas, and continuing along the common | ||
line of said TLS tract (2017-27771) and said Griffin tract, a total | ||
distance of 1,833.15 feet to a 12 inch Bois D'Arc fence post found | ||
for internal corner; | ||
THENCE continuing along the common line of said TLS tract | ||
(2017-27771) and said Paul Griffin tract as follows: | ||
North 89 deg. 22 min. 07 sec. East, a distance of 427.41 feet to a | ||
5/8 inch iron rod with yellow "COX 4577" cap found for corner; | ||
South 11 deg. 02 min. 02 sec. East, a distance of 469.42 feet to a | ||
5/8 inch iron rod with yellow "COX 4577" cap found for the Southwest | ||
corner of said Paul Griffin tract, same being the Northwest corner | ||
of that certain tract of land conveyed to Larry Ford Griffin and | ||
Cindy Griffin, by deed recorded in Volume 4844, Page 887, said Deed | ||
Records; | ||
THENCE along the common line of said TLS tract (2017-27771) and said | ||
Larry Griffin tract as follows: | ||
South 11 deg. 04 min. 24 sec. East, a distance of 1,036.52 feet to a | ||
5/8 inch iron rod with yellow "COX 4577" cap found for corner; | ||
South 66 deg. 30 min. 49 sec. West, a distance of 305.14 feet to a | ||
5/8 inch iron rod with yellow "COX 4577" cap found for corner; | ||
South 13 deg. 19 min. 12 sec. East, passing a Southeast corner of | ||
said TLS tract (2017-27771), same being that certain tract of land | ||
conveyed as "North Tract" to TLS Investments, L.P., by deed | ||
recorded in Instrument Number 2017-27776, said Official Public | ||
Records, and continuing along the common line of said North Tract | ||
and said Larry Griffin tract, a total distance of 535.64 feet to a | ||
5/8 inch iron rod with yellow "COX 4577" cap found for corner; | ||
THENCE North 86 deg. 45 min. 56 sec. East, continuing along the | ||
common line of said North Tract and said Larry Griffin tract, | ||
passing a 5/8 inch iron rod with yellow "COX 4577" cap found for the | ||
most Southerly Southeast corner of said Larry Griffin tract, same | ||
being the most Westerly corner of that certain tract of land | ||
conveyed to Andrew Ford Griffin and Kimberly Griffin, by deed | ||
recorded in Volume 5178, Page 408, said Deed Records, and | ||
continuing along the common line of said North Tract, a total | ||
distance of 1,278.43 feet to a 1/2 inch square pipe found for | ||
corner; | ||
THENCE along the common line of said North Tract and said Andrew | ||
Griffin tract as follows: | ||
South 15 deg. 22 min. 45 sec. East, a distance of 238.74 feet to a | ||
1/2 inch square pipe found for corner; | ||
North 88 deg. 40 min. 47 sec. East, a distance of 415.09 feet to a | ||
cotton spindle found for the most Easterly corner of said North | ||
Tract; | ||
South 22 deg. 39 min. 03 sec. West, passing the most Southerly | ||
corner of said Andrew Griffin tract, same being the Northwest | ||
corner of that certain tract of land conveyed to Fort Dallas, LLC, | ||
by deed recorded in Volume 5401, Page 745, said Deed Records, and | ||
continuing along the common line of said North Tract and said Fort | ||
tract, a total distance of 473.96 feet to an 'X' cut found on bridge | ||
for corner; | ||
THENCE South 16 deg. 47 min. 39 sec. West, continuing along the | ||
common line of said North Tract and said Fort tract, a distance of | ||
244.73 feet to a 5/8 inch iron rod found for the Southeast corner of | ||
said North Tract, same being the Southwest corner of said Fort | ||
tract, same being in the Northerly right-of-way line of Red River, | ||
Texas & Southern Railway Co., as described in deed recorded in | ||
Volume 136, Page 531, Deed Records, Grayson County; | ||
THENCE along the common line of said North Tract and said Railroad | ||
as follows: | ||
North 84 deg. 47 min. 46 sec. West, a distance of 1,878.81 feet to a | ||
T-post found for the beginning of a curve to the left, having a | ||
radius of 3148.25 feet and a central angle of 23 deg. 46 min. 40 | ||
sec.; | ||
Along said curve to the left, an arc distance of 1306.53 feet and a | ||
chord bearing and distance of South 83 deg. 18 min. 54 sec. West, | ||
1297.17 feet to an angle point; | ||
South 71 deg. 54 min. 14 sec. West, passing a Southwest corner of | ||
said North Tract, same being the most Southerly Southeast corner of | ||
aforesaid TLS tract (2017-27765), and continuing along the common | ||
line of said TLS tract (2017-27765) and said Railroad, a total | ||
distance of 4,608.36 feet to a point for the Southwest corner of | ||
said TLS tract (2017-27765), same being the Southeast corner of | ||
that certain tract of land conveyed to Hayden Head, by deed recorded | ||
in Volume 364, Page 641, said Deed Records, same being in the | ||
approximate centerline of aforesaid Old Dorchester Road; | ||
THENCE North 14 deg. 25 min. 48 sec. West, along the common line of | ||
said TLS tract (2017-27765) and said Head tract, same being the | ||
approximate centerline of said Old Dorchester Road, passing the | ||
Northeast corner of said Head tract, same being the Southeast | ||
corner of that certain tract of land conveyed to Greg A. Akins, by | ||
deed recorded in Volume 2263, Page 966, said Deed Records, and | ||
continuing along the common line of said TLS tract (2017-27765) and | ||
said Akins tract (Volume 2263, Page 966), same being in the | ||
approximate centerline of said Old Dorchester Road, a total | ||
distance of 1,472.90 feet to a 1/2 inch iron rod found for corner, | ||
same being the Southerly corner of that certain tract of land | ||
conveyed to Greg A. Akins and wife, J. Sue Akins, by deed recorded | ||
in Volume 2792, Page 423, said Deed Records; | ||
THENCE North 31 deg. 18 min. 57 sec. East, along the common line of | ||
said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page | ||
423), same being the approximate centerline of said Old Dorchester | ||
Road, a distance of 330.93 feet to a nail found for corner, same | ||
being in the West corner of that certain tract of land conveyed to | ||
Travis W. Norris and wife, Tammy Norris, by deed recorded in Volume | ||
5622, Page 745, said Deed Records; | ||
THENCE along the common line of said TLS tract (2017-27765) and said | ||
Norris tract as follows: | ||
South 58 deg. 39 min. 44 sec. East, a distance of 725.99 feet to a | ||
1/2 inch iron rod with yellow cap found for internal corner, same | ||
being the South corner of said Norris tract; | ||
North 31 deg. 17 min. 15 sec. East, a distance of 299.88 feet to a | ||
1/2 inch iron rod with yellow cap found for internal corner, same | ||
being the East corner of said Norris tract; | ||
North 58 deg. 39 min. 31 sec. West, a distance of 725.79 feet to a | ||
nail found for corner, same being the North corner of said Norris | ||
tract, same being in the approximate centerline of said Old | ||
Dorchester Road, same being in the Southeasterly line of aforesaid | ||
Akins tract (Volume 2792, Page 423); | ||
THENCE North 31 deg. 18 min. 16 sec. East, along the common line of | ||
said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page | ||
423), same being the approximate centerline of said Old Dorchester | ||
Road, a distance of 324.82 feet to a nail found for internal corner, | ||
same being the Easterly corner of said Akins tract (Volume 2792, | ||
Page 423), same being in the intersection of said Old Dorchester | ||
Road and Rockport Road (prescriptive right-of-way); | ||
THENCE North 81 deg. 18 min. 50 sec. West, along the common line of | ||
said TLS tract (2017-27765) and said Akins tract (Volume 2792, Page | ||
423), same being the approximate centerline of said Rockport Road, | ||
a distance of 185.87 feet to a point for corner, same being a | ||
Southerly corner of that certain tract of land conveyed to Oscar | ||
Husky Estate, by deed recorded in Volume 626, Page 473, said Deed | ||
Records; | ||
THENCE along the common line of said TLS tract (2017-27765) and said | ||
Husky tract as follows: | ||
North 05 deg. 26 min. 14 sec. East, a distance of 59.18 feet to an | ||
angle point; | ||
North 52 deg. 03 min. 20 sec. East, a distance of 30.07 feet to an | ||
angle point; | ||
North 11 deg. 38 min. 16 sec. East, a distance of 57.12 feet to an | ||
angle point; | ||
North 70 deg. 04 min. 16 sec. East, a distance of 29.09 feet to an | ||
angle point; | ||
South 48 deg. 46 min. 02 sec. East, a distance of 14.38 feet to an | ||
angle point; | ||
North 31 deg. 17 min. 03 sec. East, a distance of 38.55 feet to an | ||
angle point; | ||
North 07 deg. 25 min. 20 sec. West, a distance of 32.71 feet to an | ||
angle point; | ||
North 68 deg. 01 min. 45 sec. West, a distance of 21.18 feet to an | ||
angle point; | ||
North 26 deg. 16 min. 44 sec. East, a distance of 47.54 feet to an | ||
angle point; | ||
North 03 deg. 32 min. 56 sec. East, a distance of 24.51 feet to an | ||
angle point; | ||
North 31 deg. 32 min. 33 sec. East, a distance of 97.23 feet to an | ||
angle point; | ||
North 11 deg. 07 min. 33 sec. West, a distance of 40.09 feet to an | ||
angle point; | ||
North 63 deg. 40 min. 55 sec. East, a distance of 30.81 feet to an | ||
angle point; | ||
South 66 deg. 04 min. 31 sec. East, a distance of 62.82 feet to an | ||
angle point; | ||
North 64 deg. 06 min. 15 sec. East, a distance of 18.57 feet to an | ||
angle point; | ||
North 15 deg. 10 min. 19 sec. East, a distance of 121.76 feet to an | ||
angle point; | ||
North 35 deg. 28 min. 24 sec. West, a distance of 46.86 feet to an | ||
angle point; | ||
North 49 deg. 13 min. 59 sec. East, a distance of 25.57 feet to an | ||
angle point; | ||
North 13 deg. 45 min. 42 sec. West, a distance of 26.92 feet to an | ||
angle point; | ||
North 49 deg. 43 min. 51 sec. East, a distance of 14.26 feet to an | ||
angle point; | ||
North 83 deg. 42 min. 04 sec. East, a distance of 16.90 feet to an | ||
angle point; | ||
North 52 deg. 14 min. 49 sec. East, a distance of 24.84 feet to an | ||
angle point; | ||
North 75 deg. 25 min. 35 sec. East, a distance of 21.34 feet to an | ||
angle point; | ||
North 38 deg. 52 min. 04 sec. East, a distance of 25.64 feet to an | ||
angle point; | ||
North 30 deg. 42 min. 08 sec. West, a distance of 36.25 feet to an | ||
angle point; | ||
North 13 deg. 04 min. 20 sec. East, a distance of 15.83 feet to an | ||
angle point; | ||
North 67 deg. 57 min. 13 sec. East, a distance of 28.93 feet to an | ||
angle point; | ||
North 14 deg. 29 min. 10 sec. East, a distance of 22.99 feet to an | ||
angle point; | ||
North 30 deg. 44 min. 13 sec. West, a distance of 62.60 feet to an | ||
angle point; | ||
North 44 deg. 11 min. 04 sec. East, a distance of 17.39 feet to an | ||
angle point; | ||
North 87 deg. 21 min. 15 sec. East, a distance of 52.43 feet to an | ||
angle point; | ||
North 47 deg. 25 min. 46 sec. East, a distance of 66.28 feet to an | ||
angle point; | ||
North 31 deg. 13 min. 07 sec. East, a distance of 47.82 feet to an | ||
angle point; | ||
North 09 deg. 07 min. 01 sec. East, a distance of 80.54 feet to an | ||
angle point; | ||
South 72 deg. 04 min. 44 sec. East, a distance of 29.73 feet to an | ||
angle point; | ||
North 52 deg. 20 min. 27 sec. East, a distance of 39.02 feet to a | ||
point for corner, same being the Southwest corner of that certain | ||
tract of land conveyed as Tract 1 to Reginald B. Smith, Sr., by deed | ||
recorded in Instrument No. 2018-7027, aforesaid Official Public | ||
Records; | ||
THENCE South 43 deg. 03 min. 16 sec. East, along the common line of | ||
said TLS tract (2017-27765) and said Tract 1, a distance of 256.95 | ||
feet to a 1/2 inch iron rod set with "Peiser & Mankin SURV" red | ||
plastic cap (hereinafter referred to as 1/2 inch iron rod set) for | ||
corner, same being the South corner of said Tract 1, same being in | ||
the approximate centerline of aforesaid Old Dorchester Road; | ||
THENCE North 47 deg. 07 min. 49 sec. East, continuing along the | ||
common line of said TLS tract (2017-27765) and said Tract 1, same | ||
being the approximate centerline of said Old Dorchester Road, | ||
passing the approximate centerline of said Old Dorchester Road, | ||
continuing along the common line of said TLS tract (2017-27765) and | ||
said Tract 1, a total distance of 968.76 feet to a 1/2 inch iron rod | ||
found for the most Northerly Northeast corner of said TLS tract | ||
(2017-27765), same being in the Westerly line of aforesaid North | ||
Tract; | ||
THENCE North 16 deg. 06 min. 36 sec. West, continuing along the | ||
common line of said TLS tract (2017-27765) and said Tract 1, passing | ||
the approximate centerline of said Old Dorchester Road, and | ||
continuing along the common line of said TLS tract (2017-27765) and | ||
said Tract 1, a total distance of 573.78 feet to a 1/2 inch iron rod | ||
set for the most Westerly Northwest corner of said North Tract, same | ||
being the Northeast corner of said Smith tract, same being in the | ||
Southerly line of that certain tract of land conveyed as "Tract 2" | ||
to Reginald B. Smith, SR., by said deed recorded in Instrument | ||
No. 2018-7027, said Official Public Records; | ||
THENCE North 75 deg. 41 min. 06 sec. East, along the common line of | ||
said TLS tract (2017-27765) and said Tract 2, passing the | ||
approximate centerline of aforesaid Old Dorchester Road, and | ||
continuing along the common line of said TLS tract (2017- 27765) and | ||
said Tract 2, same being the approximate centerline of aforesaid | ||
Old Dorchester Road, passing the Southeast corner of said Tract 2, | ||
same being the Southwest corner of that certain tract of land | ||
conveyed to Reginald B. Smith, SR., by deed recorded in Volume 1147, | ||
Page 682, said Deed Records, and continuing along the common line of | ||
said TLS tract (2017- 27765) and said Smith tract (Volume 1147, Page | ||
682), same being the approximate centerline of said Old Dorchester | ||
Road, a total distance of 1,736.90 feet to a 1/2 inch iron rod set | ||
for corner, same being a Westerly corner of aforesaid TLS tract | ||
(2017- 27771); | ||
THENCE along the common line of said TLS tract (2017-27771) and said | ||
Smith tract (Volume 1147, Page 682), same being the approximate | ||
centerline of said Old Dorchester Road as follows: | ||
North 60 deg. 18 min. 29 sec. East, a distance of 25.44 feet to a | ||
point for angle point; | ||
North 60 deg. 19 min. 06 sec. East, a distance of 700.00 feet to a | ||
1/2 inch iron rod set for angle point; | ||
North 53 deg. 15 min. 03 sec. East, a distance of 589.19 feet to an | ||
angle point; North 38 deg. 20 min. 15 sec. East, a distance of | ||
420.18 feet to an angle point; North 08 deg. 03 min. 54 sec. West, a | ||
distance of 641.82 feet to an angle point; | ||
North 55 deg. 30 min. 26 sec. East, a distance of 251.79 feet to a | ||
point for corner, same being the most Easterly Southeast corner of | ||
said Smith tract (Volume 1147, Page 682); | ||
THENCE North 14 deg. 23 min. 36 sec. West, continuing along the | ||
common line of said TLS tract (2017-27771) and said Smith tract | ||
(Volume 1147, Page 682), a distance of 3,228.79 feet to a point for | ||
the most Northerly Northwest corner of said TLS tract (2017-27771), | ||
same being in the approximate centerline of aforesaid OB Groner | ||
Road, same being in the Southerly line of Western Acres Addition | ||
Installment No. 2, an addition to Grayson County, Texas, according | ||
to the plat thereof recorded in Volume 6, Page 12, Plat Records, | ||
Grayson County, Texas; | ||
THENCE North 74 deg. 53 min. 30 sec. East, along the common line of | ||
said TLS tract (2017-27771) and said Western Acres Addition | ||
Installment No. 2, same being the approximate centerline of said OB | ||
Groner Road, passing the Southeast corner of said Western Acres | ||
Addition Installment No. 2, same being the Southwest corner of | ||
aforesaid Quach tract, and continuing along the common line of said | ||
TLS tract (2017-27771) and said Quach tract, same being the | ||
approximate centerline of said OB Groner Road, a total distance of | ||
479.91 feet to the POINT OF BEGINNING and containing 587.056 acres | ||
of computed land, more or less. | ||
SOUTH TRACT: | ||
BEING all that certain tract of land situated in the ROBERT | ||
THOMPSOIV SURVEY, ABSTRACT NO. 1199 and the WILLIAM MARTIN SURVEY, | ||
ABSTRACT NO. 765, Grayson County, Texas, and being all that certain | ||
tract of land conveyed as "South Tract" to TLS Investments, L.P., by | ||
deed recorded in Instrument No. 2017-27776, Official Public | ||
Records, Grayson County, Texas, and being more particularly | ||
described as follows: | ||
BEGINNING at a railroad spike found for the Northeast corner of said | ||
South Tract, same being in the Southerly right-of-way line of Red | ||
River, Texas & Southern Railway Co., as described in deed recorded | ||
in Volume 136, Page 531, Deed Records, Grayson County, Texas, same | ||
being the Northwest corner of that certain tract of land conveyed to | ||
Jeremy Schmitz (no recording information available); | ||
THENCE South 19 deg. 11 min. 10 see. West, along the common line of | ||
said South Tract and said Schmitz tract, a distance of 1097.06 feet | ||
to a point for the Southeast corner of said South Tract, same being | ||
the most Southerly corner of said Schmitz tract, same being the most | ||
Easterly corner of that certain tract of land conveyed to Sue Talley | ||
Reeves, Trustee of Sue Talley Revocable Trust, by deed recorded in | ||
Volume 4370, Page 447, said Deed Records, same being the | ||
approximate centerline of a creek; | ||
THENCE along the common line of said South Tract and said Reeves | ||
tract as follows: | ||
North 81 deg. 20 min. 09 sec. West, a distance of 284.55 feet to a | ||
point in creek; | ||
South 70 deg. 40 min. 21 sec. West, a distance of 102.27 feet to a | ||
point in creek; | ||
North 75 deg. 11 min. 59 sec. West, a distance of 127.59 feet to a | ||
point in creek; | ||
North 51 deg. 45 min. 23 sec. West, a distance of 220.29 feet to a | ||
point in creek; | ||
North 79 deg. 12 min. 46 sec. West, a distance of 86.47 feet to a | ||
point in creek; | ||
North 41 deg, 30 min. 50 sec. West, a distance of 378.26 feet to a | ||
point in creek; | ||
North 79 deg. 02 min. 33 sec. West, a distance of 214.43 feet to a | ||
point in creek; | ||
North 36 deg. 39 min. 21 sec. East, a distance of 222.74 feet to a | ||
point in creek; | ||
North 77 deg. 28 min. 04 sec. West, a distance of 160.13 feet to a | ||
point in creek; | ||
North 67 deg. 02 min. 46 sec. West, a distance of 317.96 feet to a | ||
point in creek; | ||
North 20 deg. 07 min. 28 sec. West, a distance of 96.72 feet to a | ||
point in creek; | ||
South 59 deg. 24 min. 07 sec. West, a distance of 230.86 feet to a | ||
point in creek; | ||
North 74 deg. 29 min. 54 sec. West, a distance of 54.23 feet to a | ||
point in creek; | ||
North 01 deg. 17 min. 08 sec. East, a distance of 125.00 feet to a | ||
point in creek; | ||
North 47 deg. 10 min. 46 sec. West, a distance of 142.35 feet to a | ||
point in creek; | ||
South 45 deg. 49 min. 53 sec. West, a distance of 104.40 feet to a | ||
point in creek; | ||
North 73 deg. 20 min. 39 sec. West, a distance of 120.57 feet to a | ||
point in creek; | ||
South 77 deg. 23 min. 53 sec. West, a distance of 109.21 feet to a | ||
point in creek; | ||
South 35 deg. 55 min. 55 sec. West, a distance of 133.45 feet to a | ||
point in creek; | ||
South 70 deg. 40 min. 06 sec. West, a distance of 370.67 feet to a | ||
point in creek; | ||
North 82 deg. 15 min. 21 sec. West, a distance of 132.27 feet to a | ||
point in creek; | ||
South 27 deg. 21 min. 12 sec. West, a distance of 129.88 feet to a | ||
point in creek; | ||
South 85 deg. 44 min. 18 sec. West, a distance of 228.14 feet to a | ||
point in creek; | ||
South 14 deg. 08 min. 19 sec. west, a distance of 58.86 feet to a | ||
point in creek; | ||
South 50 deg. 05 min. 29 sec. West, a distance of 87.89 feet to a | ||
point in creek; | ||
North 83 deg. 09 min. 16 sec. West, a distance of 178.46 feet to a | ||
point in creek; | ||
South 19 deg. 19 min. 45 sec. West, a distance of 103.44 feet to a | ||
point in creek; | ||
South 59 deg. 19 min. 52 sec. West, a distance of 32.75 feet to a | ||
point in creek for the Southwest corner of said South Tract; North | ||
15 deg. 06 min. 19 sec. West, a distance of 373.73 feet to a point | ||
for the Northwest corner of said South Tract, same being a Northeast | ||
corner of said Reeves tract, same being in the Southerly | ||
right-of-way line of aforesaid Railroad; | ||
THENCE along the common line of said South Tract and said Railroad | ||
as follows: | ||
North 71 deg. 54 min. 14 sec. East, a distance of 790.40 feet to a | ||
point for the beginning of a curve to the right, having a radius of | ||
3048.25 feet and a central angle of 23 deg. 46 min. 05 sec.; | ||
Along said curve to the right, an arc distance of 1265.43 feet and a | ||
chord bearing and distance of North 83 deg. 18 min. 40 sec. East, | ||
1256.38 feet to a point for angle point; | ||
South 84 deg. 48 min. 11 sec. East, a distance of 1853.44 feet to the | ||
POINT OF BEGINNING and containing 45.755 acres of computed 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 | ||
8000A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8000A.0307 to read as | ||
follows: | ||
Sec. 8000A.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, 2023. |