By: Taylor S.B. No. 1355

(In the Senate - Filed March 10, 2021; March 18, 2021, read first time and referred to Committee on Local Government; April 12, 2021, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 12, 2021, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1355 By: Nichols

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Brazoria County Municipal Utility District No. 83; 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 7922A to read as follows:

CHAPTER 7922A. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 83

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7922A.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 Brazoria County Municipal Utility District No. 83.

Sec. 7922A.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 7922A.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. 7922A.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 7922A.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. 7922A.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. 7922A.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. 7922A.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 7922A.0202, directors serve staggered four-year terms.

Sec. 7922A.0202. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Todd Casper;

(2) Johnnie Wright;

(3) Jeff Perry;

(4) Matthew Brown; and

(5) Shelley Stone.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 7922A.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 7922A.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 7922A.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. 7922A.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7922A.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. 7922A.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. 7922A.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. 7922A.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. 7922A.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 7922A.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. 7922A.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 7922A.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. 7922A.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. 7922A.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. 7922A.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. 7922A.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 Brazoria County Municipal Utility District No. 83 initially includes all the territory contained in the following area:

TRACT 1:

A 418.318 acre (18,221,949 square feet) tract, being all of Lots 5, 6, 7, 8, 13, 14, 15, 16, 21, 22, 23, 24, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 47 and 50 of the Allison-Richey Gulf Coast Home Company Suburban Gardens Subdivision of Section 73, H.T. & B. Railroad Company Survey, Abstract 301, according to the map or plat thereof, recorded in Volume 2, Page 91 and 92, of the Plat Records of Brazoria County, Texas (B.C.P.R.) and being all of those certain tracts conveyed to Westbank Bayou, LP, called 19.919 acres (Lots 5-6), recorded in Brazoria County Clerk's File Number (B.C.C.F. No.) 2007021508, called 9.929 acres (Lot 8), recorded in B.C.C.F. No. 2007017868 and called 9.972 acres (Lot 16), recorded in B.C.C.F. No. 2007018701 and being all of that certain tract conveyed to Charles L. Sowell called 9.988 acres (Lot 7), recorded in Volume 1177, Page 396, deed records of Brazoria County, Texas (B.C.D.R.), and being all of those certain tracts conveyed to Eastbank Bayou, LP, called 10 acres (Lot 33), recorded In B.C.C.F. No. 2007022032, called 19.944 acres (Lots 42-43), recorded in B.C.C.F. No. 2008004369 and called 10 acres (Lot 47), recorded in B.C.C.F. No. 2008004367 and being all of that certain tract conveyed to Four Forty-Three Annex No. 1, LTD., called 10.00 acres (Lot 50), recorded in B.C.C.F. No. 2006045403 and being a part of that certain tract conveyed to Four Forty-Three Ltd. (called 433.09 acres), recorded in Volume 1048, Page 760, B.C.D.R., with said 18,221,949 square foot tract of land being more particularly described by metes and bounds as follows:

COMMENCING at a 1/2 inch iron rod found at the Northeast corner of said Section 73 and an interior corner of the H.T. & B. Railroad Company Survey, Section 74, Abstract 493, recorded in Volume 2, Page 66, B.C.P.R.) and being at the centerline intersection of 60 foot Pollard Drive (as occupied) (Platted as 40 feet - Volume 2, Page 91 and 92, B.C.P.R.) and 60 foot Del Bello Boulevard (as occupied)(Platted as 50 feet - Volume 2, Page 66, B.C.P.R.), marking the northeast corner of the Michael D. Roland and Marcy D. Roland tract (called 5.46 acres), recorded in B.C.C.F. No. 2004072423 and 2007030104, the northwest corner of the Michael C. Black tract (called 4.00 acres), recorded in B.C.C.F. No. 96-015514 and the Northeast corner of said Section 73;

THENCE S 86°50'29" W, along and with the common line of Section 73 and 74 and centerline of said 40 foot platted road, at 658.00 feet pass a point marking the southwest corner of lot 1 of said Section 74 and the southeast corner of the Mary V O'Donnell Survey, Division "O", Abstract 469, recorded in Volume 2, Page 91 and 92, B.C.P.R., from which a 5/8 inch iron rod bears, 5 38°48'33" W, 3.08 feet, continuing along and with the common line of Section 73 and Division "O" and centerline of said 40 foot platted road, a total distance of 1974.26 feet (called 1980.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" set in the north line of Section 73, the north line of a 60 foot American Canal Company Easement, recorded in Volume 638, Page 127, B.C.D.R., the south line of said Division "O", Abstract 469, the south line of the Sylvia Buffy Orndorff and Dustin Aaron Different tract (called 13.93 acres), recorded in B.C.C.F. No. 2015054435, and the centerline of said 40' platted road, marking the northwest corner of the Katherine Ott Miles tract (called 5 acres), recorded in Volume 1459, Page 1, B.C.D.R., the northeast corner of said Eastbank Bayou, LP tract (Lot 33), and being the common corner of Lot 33 and 41 of said Section 73 at the most northerly Northwest corner and POINT OF BEGINNING of herein described tract:

THENCE S 03°24'40" E, along and with the common line of said Lot 33 and 41, a distance of 660.58 feet (called 660.00 feet) to a 1/2 inch iron rod with cap stamped "Adams RPLS 3666" found, marking the southeast corner of said Eastbank Bayou, LP tract (Lot 33), the southwest corner of said Miles tract, the northwest corner of said Eastbank Bayou, LP tract (called 19.944 acres), an interior corner of herein described tract and being the common corner of Lots 33, 41, 42 and 34 of said Section 73;

THENCE N 86°49'54" E, along and with the common line of Lots 41, 42, 49 and 50 of said Section 73, a distance of 1314.38 feet (called 1320.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" set, marking the southeast corner of the Jane Hetherington Brown and Norman Paul Brown tract (called 5 acres), recorded in B.C.C.F. No. 2014042893, the southwest corner of the Suzanne Renae Scopel tract (called 5 acres), recorded In B.C.C.F. No. 2005013089, the northwest corner of the Jeffery Wayne Scopel tract (called 1.157 acres), recorded in B.C.C.F. No. 2005013109, the northeast corner of said Four Forty-Three Annex No. 1, LTD. Tract (called 10.00 acres) and the most easterly northeast corner of herein described tract and being the common corner of Lots 49, 55, 56 and 50 of said Section 73;

THENCE S 03°25'11" E, along and with the common line of Lots 50 and 56 and east line of said Four Forty-Three Annex No. 1, LTD. tract, a distance of 660.67 feet (called 660.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" set, marking the southwest corner of the Douglas Varner Tract (called 1.157 acres), recorded in Volume (91) 906, Page 253, of the official records of Brazoria County, Texas (B.C.O.R.), the northwest corner of the Laura Loterbauer tract (called Minor Plat of 2.50 acres), recorded in B.C.C.F. No. 2018006317, the northeast corner of the Louis Lira tract (called 20 acres), recorded in Volume 1694, Page 653, B.C.D.R. and an angle point for corner of herein described tract and being the common corner of Lots 50, 56, 57 and 51 of said Section 73;

THENCE S 86°50'32" W, along and with the common line of Lots 50 and 51, same being the common line of said Four Forty-Three Annex No. 1, LTD. Tract and said Lira tract, a distance of 657.24 feet (called 660.00 feet), to a 5/8 inch iron rod with cap stamped "FMS" set, in the east line of said Eastbank Bayou, LP tract (called 19.944 acres), marking the southwest corner of said Four Forty-Three Annex No. 1, LTD. tract, the northwest corner of said Lira tract, an interior corner of herein described tract and being the common corner of Lots 50, 5l, 43 and 42 of said Section 73;

THENCE S 03°24'55" E, along and with the common line of Lots 43, 51, 44, 52, 45, 46 and 61 at 1320.21 feet (called 1320.00 feet) pass a point in the centerline of a 40 foot platted road, recorded in Volume 2, page 91 and 92, B.C.P.R. marking the northwest corner of the Coastal Bend Land Investments, LP tract (called 40.0060 acres)(called Lot 61), recorded in B.C.C.F. No. 2006049617 and being the common corner of Lots 44, 52, 61 and 45, continuing for a total distance of 3299.48 feet (called 3300.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" set, marking the southwest corner of the Jose T. Villanueva and Trinidad Villanueva tract (called 5 acres), recorded in B.C.C.F. No. 2004036528, the northwest corner of the Roger Hernandez Gandarillas and Shella M. Rosario Crespo tract (called 1.000 acre), recorded In B.C.C.F. No. 2015020827, the northeast corner of said Aspect Energy, LLC tract (called 10 acres), the southeast corner of the said Eastbank Bayou, LP tract (called 10 acres)(Lot 47), the most easterly southeast corner of herein described tract and being the common corner of Lots 53, 54, 48 and 47 of said Section 73;

THENCE S 86°49'54" W, along and with the common line of Lots 48 and 47, same being the common line of said Eastbank Bayou, LP tract (Lot 47) and said Aspect Energy, LLC tract, a distance of 657.49 feet (called 660.00 feet) to a 1/2 inch iron rod with cap stamped "Adams RPLS 3666" found in the east line of the of said 443.09 acre tract, marking the southwest corner of said Eastbank Bayou, LP tract and the northwest corner of said Aspect Energy, LLC tract, and interior corner of herein described tract and being the common corner of Lots 48, 40, 39 and 47 of said Section 73;

THENCE S 03°24'40" E, along and with the common line of Lots 48 and 40, same being the common line of said Aspect Energy, LLC tract and said 443.09 acre tract, a distance of 660.05 feet (called 660.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" set in the centerline of a 40 foot platted road, recorded in Volume 2, Page 91 and 92, B.C.P.R., in the called south line of Section 73 and the north line of the H.T. & B. Railroad Company Survey, Section 64, Abstract 483 and the north line of the Dr. A.A. Luther Subdivision of Manvel, recorded in Volume 1, Page 71 and 72 and Volume 3, Page 139 and 140, B.C.P.R. and the north line of Outlot 181 of said Dr. A.A. Luther Subdivision, marking the northwest corner of the Coastal Bend Land Investments, LP tract (remainder of a called 167.073 acre tract), recorded in B.C.C.F. No. 2004058628, the southwest corner of said Aspect Energy, LLC tract, an angle point in the east line of said 443.09 acre tract and an angle point for corner of herein described tract and being the common corner of Lots 48 and 40 of said Section 73, from which a 5/8 inch iron rod with cap stamped "Base Line" found marking the southeast corner of said Section 73 bears, S 86°50'11" W, 1975.03 feet;

THENCE S 86°50'11" W, continuing along and with the common line of said Section 73, Section 64 and the Dr. A.A. Luther Subdivision, same being the common line of said Outlot 181 and Lot 40, and centerline of said 40 foot platted road, a distance of 147.66 feet to a 5/8 inch iron rod with cap stamped "FMS" set in said common line, marking the northeast corner of the Four Forty-Three, LTD. Tract (called 24.00 acres)(Outlot 195), recorded in Volume 1048, Page 760, B.C.D.R. and an interior corner of herein described tract and being the westerly line of a 40 foot platted road, recorded in Volume 1, Page 71 and 72 and Volume 3, Page 139 and 140, B.C.P.R.;

THENCE S 19°30'25" W, along and with the easterly line of said Outlot 195 and the westerly line of said 40 foot platted road, at 909.98 feet pass a 1/2 inch iron rod found, marking the southeasterly corner of said Outlot 195 and the northeasterly corner of the Four Forty-Three, LTD. Tract (called 20.00 acres)(North 1/2 of Outlot 180), continuing for a total distance of 1569.69 feet to a 1 inch iron pipe found, marking the southeasterly corner of said 20.00 acre tract, the northeasterly corner of the Beazer Homes Texas, LP tract (called 19.99 acres)(South 1/2 Outlot 180), recorded in B.C.C.F. No. 2016050422 and an angle point in the westerly line of the Beazer Homes Texas, LP tract (called 5.40 acres), recorded in B.C.C.F. No. 2016050422 and the most easterly southeast corner of herein described tract;

THENCE N 70°27'42" W, along and with the common line of said North1/2 of Outlot 180 and the South 1/2 of Outlot 180, a distance of 1319.95 feet (called 1320.00 feet) to a 1/2 inch iron rod with cap stamped "Adams RPLS 3666" found in the easterly line of the Four Forty-Three, LTD. Tract (called 46.35 acres)(Outlot 175), marking the common corner of the South1/2 and North 1/2 of Outlet 180 and an interior corner of herein described tract;

THENCE S 19°29'54" W, along and with the common line of said 46.35 acre tract and said 19.99 acre tract, same being the common line of Outlot 180 and 175, a distance of 660.47 feet to a 1/2 inch iron rod with cap stamped "LIA Eng" found in the north line of a 40 foot platted road, recorded in Volume 1, Page 71 and 72 and Volume 3, Page 139 and 140, B.C.P.R., marking the most westerly northwest corner of said 5.40 acre tract, the southeasterly corner of said 46.35 acre tract and the southwesterly corner of said 19.99 acre tract and an interior corner of herein described tract;

THENCE N 70°26'20" W, along and with the south line of 46.35 acre tract and the north line of said 40 foot platted road, a distance of 1321.08 feet to a 1/2 inch iron rod with cap stamped "Adams RPLS 3666" found in the easterly line of the Four Forty-Three, LTD. Tract (called 27.7947 acres)(Outlot 174) and the westerly line of said 40 foot platted road, marking the southwesterly corner of said 46.35 acre tract and an interior corner of herein described tract;

THENCE S 19°28'54" W, along and with the common line of said 27.7947 acre tract and westerly line of said 40 foot platted road, a distance of 1390.63 feet to a TxDot Brass Disk found in the northwesterly right-of-way (r.o.w.) line of State Highway No. 6 (a.k.a. Morris Avenue)(200' R.O.W.), recorded in B.C.C.F. No. 2013053500, marking the southeasterly corner of said 27.7947 acre tract and the most southerly southeast corner of herein described tract;

THENCE N 70°30'10" W, along the northwesterly r.o.w. line of said State Highway No. 6, a distance of 33.83 feet to a TxDot Brass Disk found, marking the southeasterly corner of the Russell T. Rudy and Randall D. Rudy tract (called 18 acres), recorded in Volume 1408, Page 806, B.C.D.R., the southwesterly corner of said 27.7947 acre tract and the most southerly southwest corner of herein described tract, from which a TxDot Brass Disk found, at the intersection of easterly r.o.w. line of County Road 82 (a.k.a. Iowa Lane)(60' R.O.W. as occupied), recorded in B.C.C.F. No. 2006021816 and the northwesterly r.o.w. line of said State Highway No. 6, marking the southwesterly corner of a 0.217 acre tract, recorded in B.C.C.F. No. 2013053500 bears, N 70°30'10" W, 365.23 feet;

THENCE N 03°19'19" W, along and with the common line of said 27.7947 acre tract and said 18 acre tract, a distance of 2310.10 feet to a 1/2 inch iron rod with cap stamped "Adams RPLS 3666" found, marking the northwest corner of said 27.7947 acre tract and an angle point for corner of herein described tract, from which a 3/4 inch pinched top pipe bears, N 09°17' W, 1.1 feet and from which an iron rod with cap stamped "Kalkomey" found in the easterly r.o.w. line of said County Road 82, marking the northwest corner of said 18 acre tract, bears S 87°00'54" W, 328.14 feet and a 5/8 inch iron rod found in the easterly r.o.w. line of said County Rood 82, marking the southwest corner of a called 41.4819 acre tract, recorded in B.C.C.F. No. 2003061748 bears, N 02°13'14" W, 38.07 feet;

THENCE N 86°57'38" E, along and with the north line of said 18 acre tract, a distance of 729.52 feet to a 5/8 inch iron rod with cap stamped "FMS" set, at the southwest corner of Section 73 and being in the centerline intersection of two 40 foot platted roads and being the common corner of said Section 73 and the H.T. & B. Railroad Company Survey, Section 72, Abstract 460, marking the southeast corner of the Brazos River Authority tract (called 6.676 acres)(cause no. S4,761A), recorded in Volume 33, Page 154, district clerk records of Brazoria County, Texas (B.C.D.C.R.), the southwest corner of the Brazoria County MUD No. 43 Drainage Easement (called 1.675 acres, recorded in B.C.C.F. No. 2016026159, the southwest corner of said 9.929 acre tract and an interior corner of herein described tract;

THENCE N 03°28'57" W, along and with the common line of said Section 73 and Section 72 and centerline of said 40 foot platted road, at 40.00 feet pass a point marking the southwest corner of a 0.34 acre tract (Parcel 1) out of said called 41.4819 acre tract, continuing for a total distance of 2640.38 feet (called 2640.00 feet) to a 1 inch iron pipe found, marking the northwest corner of a 0.25 acre tract (Parcel 2), the northwest corner of said 19.919 acre tract, the northwest corner of a 3.430 acre drainage easement, recorded in B.C.C.F. No. 2016026156, the northeast corner of said Brazos River Authority tract (called 6.676 acres), the southeast corner of the Brazos River Authority Parcel "D" tract (called 3.18 acres), recorded in Volume 1070, Page 315, B.C.D.R., the southwest corner of the Brazos River Authority Parcel "B" tract (called 0.61 acres), recorded in Volume 1070, Page 318, B.C.D.R., the southwest corner of the Brazoria County Municipal Utility District (M.U.D.) No. 43 Drainage Easement tract (called 1.739 acres), recorded in B.C.C.F. No. 2016011559 and the common corner of Lots 4 and 5, Section 73, from which a 1/2 inch iron rod found in the east r.o.w. line of County Road 82 (a.k.a. Iowa Lane)(60' R.O.W. as occupied), recorded in B.C.C.F. No. 2006021816, marking the southwest corner of the Joan Bann eyer tract (called 1.367 acres), recorded in B.C.C.F. No. 2005003981 and the northwest corner of the Sonmar of Scottsdale, LLC tract (called 53.948 acres), bears S 86°37'46" W, 900.42 feet;

THENCE N 86°51'03" E, along and with the common line of herein described tract and said lot 4 and the centerline of a 40 foot platted road, at 657.75 feet (called 660.00 feet) pass a 3/4 inch iron pipe found, marking the northeast corner of said 19.919 acre tract and the southwest corner of the 102929 Brazoria Inc. tract (called 34.90 acres), recorded in B.C.C.F. No. 2005033429 and being the common corner of Lots 4, 12, 13 and 5, and at 1973.99 feet (called 1980.00 feet) pass a 1/4 inch iron pipe found, marking the southeast corner of said 34.90 acre tract and being the common corner of Lots 20, 28, 29 and 21, continuing for a total distance of 2632.44 feet (called 2640.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" found in the west line of a 60 foot American Canal Company Easement, recorded in Volume 638, Page 127, B.C.D.R., marking an interior corner of said remainder of a 433.09 acre tract and an interior corner of herein described tract and being the common corner of Lots 28, 36, 37 and 29 of said Section 73;

THENCE N 03°27'06" W, along and with the common line of Lots 28, 36, 27, 35, 26, 34, 25 and 33 and the west line of said 60 foot American Canal Company Easement, a distance of 2641.03 feet (called 2640.00 feet) to a 5/8 inch iron rod with cap stamped "FMS" found in the north line of Section 73, the north line of a said 60 foot American Canal Company Easement, the south line of the Mary V O'Donnell Survey, Division "O", Abstract 469, recorded in Volume 2, Page 91 and 92, B.C.P.R. the south line of the John and Edith Lebourgeois tract (called 6.978 acres), recorded in B.C.C.F. No. 98-053061, the north line of the Eastbank Bayou, LP tract (called 19.950 acres), recorded in B.C.C.F. No. 2007022032 and the centerline of said 40 foot platted road, marking the most northerly northwest corner of herein described tract and being the common corner of Lot 25 and 33 of said Section 73, from which a 1/2 inch iron rod found bears, S 82°35" E, 14.3 feet;

THENCE N 86°50'29" E, along and with the common line of Section 73, Division "O", the centerline of said 40 foot platted road and the north line of said 60 foot American Canal Company Easement, a distance of 659.60' (called 660.00 feet) to the POINT OF BEGINNING and containing a calculated area of 418.318 acres of land.

TRACT 2:

A 19.551 acre tract, being all of lots 6 and 12 of the Mary V. O'Donnell Survey, Division "O", Abstract 469, according to the map or plat thereof, recorded in Volume 2, Page 91 and 92, of the plat records of Brazoria County, Texas, and being a part of that certain tract recorded in Volume 1048, Page 760, B.C.D.R.

TRACT 1 and TRACT 2, together, equal a total area of 437.869 acres.

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 7922A, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7922A.0306 to read as follows:

Sec. 7922A.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, 2021.

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