S.B. No. 2571

AN ACT

relating to the creation of the Montgomery County Municipal Utility District No. 225; 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 8074 to read as follows:

CHAPTER 8074. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 225

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8074.0101. 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 Montgomery County Municipal Utility District No. 225.

Sec. 8074.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8074.0103. 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. 8074.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8074.0103 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. 8074.0105. 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. 8074.0106. 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. 8074.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8074.0202, directors serve staggered four-year terms.

Sec. 8074.0202. 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 8074.0103; 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 8074.0103 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 8074.0103; 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. 8074.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8074.0302. 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. 8074.0303. 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. 8074.0304. 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. 8074.0305. 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. 8074.0401. 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 8074.0403.

(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. 8074.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8074.0401, 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. 8074.0403. 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. 8074.0501. 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. 8074.0502. 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. 8074.0503. 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 Montgomery County Municipal Utility District No. 225 initially includes all the territory contained in the following area:

Those certain tracts or parcels of land situated in Montgomery County, Texas, described as follows, to-wit:

TRACT 1

Being a portion of a 298.473 acre tract, conveyed to DJS Land Company, LTD et al, as recorded under Clerk’s File No. 8916747 of the Official Public Records of Real Property Montgomery County (O.P.R.R.P.M.C.), and all of Tract 5, 0.1914 acre, as recorded under Clerk’s File No. 2000108801 of the O.P.R.R.P.M.C., the basis of bearing is the north right-of-way line of FM 2854 as shown on right-of-way map, September 27, 1968:

BEGINNING at the southeast corner of a 0.0046 acre tract as recorded under Clerk’s File No. 2017098941 of the Official Public Records Montgomery County, Texas (O.P.R.M.C.), lying in a southerly line of said 28.473 acre tract, and a northerly line of State Highway 2854 as recorded in Volume 630, Page 609 of the Montgomery County Deed Records (M.C.D.R.),

THENCE (from the 2017098941 deed) NORTH 39 degrees 44 minutes 08 seconds WEST, 28.29 feet, to a westerly corner of the herein described tract, lying in an easterly right-of-way line of Southwest Drive as shown on the replat of Southwest Center as recorded in Cabinet “I”, Sheet 169 of M.R.M.C.;

THENCE NORTHERLY along the easterly right-of-way line Southwest Drive the following calls, based on the replat of said Southwest Center:

NORTH 07 degrees 32 minutes 17 seconds EAST, 179.20 feet;

NORTHERLY along a curve to the right, through a central angle of 24 degrees 26 minutes 31 seconds, to a point of tangency, said curve having a radius of 303.02 feet, an arc length of 129.27 feet;

NORTH 31 degrees 56 minutes 48 seconds EAST, 317.57 feet;

NORTHEASTERLY along a curve to the right, through a central angle of 06 degrees 08 minutes 31 seconds, to a point of, said curve having a radius of 1,793.94 feet, an arc length of 192.31 feet;

NORTH 36 degrees 07 minutes 19 seconds EAST, 17.54 feet; to the north corner of the herein described tract, also being the west corner of a 2.273 acre tract and shown on the plat of Southwest Center Section 1, as recorded on Cabinet “H” Sheet 126A of the M.C.M.R.;

Thence (from the Southwest Center Section 1) SOUTH 51 degrees 52 minutes 41 seconds EAST, 484.63 feet, to an easterly corner of the herein described tract, lying in a westerly line of Reserve “A” of said Southwest Center;

THENCE (from the Southwest Center Section 1 replat) SOUTH 16 degrees 14 minutes 36 seconds EAST, 269.68 feet (calculated), with and adjoining said westerly line of Reserve “A”, to a southerly line of said 298.473 acre tract;

THENCE (from the Southwest Center Section 1 replat) SOUTH 73 degrees 32 minutes 51 seconds WEST, 131.63 feet (calculated), with and adjoining said southerly line of the 298.473 acre tract;

THENCE SOUTH 72 degrees 17 minutes 44 seconds WEST, 375.97 feet (calculated), with and adjoining said southerly line of the 289.473 acre tract, also being the northeast corner of said 0.1914 acre tract;

THENCE (from the 2000-108801 deed) SOUTH 21 degrees 17 minutes 12 seconds EAST, 80.76 feet, (SOUTH 16 degrees 44 minutes 06 seconds EAST rotated) with and adjoining the east line of said 0.1914 acre tract, in the northerly right-of-way line of FM 2854 (100 feet wide) for the southeast corner of this tract;

THENCE (from the 2000-108801 deed) SOUTH 89 degrees 13 minutes 30 seconds WEST, 220.49 feet, (NORTH 86 degrees 13 minutes 24 seconds WEST rotated), along the northerly right-of-way line of FM 2854, to a southerly corner of said 298.473 acre tract;

THENCE (from the 8916747 deed) NORTH 85 degrees 12 minutes 47 seconds WEST, 88.59 feet, along a southerly line of said 298.473 acre tract;

THENCE NORTH 82 degrees 27 minutes 43 seconds WEST, 26.52 feet (calculated), along a southerly line of said 298.473 acre tract, to the POINT OF BEGINNING, and containing 8.59 acres of land.

TRACT 2

Being 178.42 acres of land in the Denward James Survey, A-289, Montgomery County, Texas, and being a portion of a 298.473 acre tract conveyed to DJS Land Company, LTD. A Texas limited partnership described in a deed recorded under Clerk’s File No. 8916747 of the Official Public Records of Real Property, Montgomery County, Texas (O.P.R.R.P.M.C.), more fully described as follows:

BEGINNING at the southwest corner of a 0.0046 acre tract as described in Clerk’s File No. 201800316 of the Official Public Records of Montgomery County, Texas (O.P.R.M.C.), lying in the northerly right-of-way line of FM 2854 as recorded in Volume 630, Page 609 of the Montgomery County Deed Records (M.C.D.R.) also being a southerly line of said 298.473 acre tract;

THENCE N 50° 15’ 52” E, 28.28 feet, to a point lying in a westerly right-of-way line of Southwest Drive. (width varies), as shown on the replat of Southwest Center, as recorded in Cabinet “I”, Sheet 169 of the Montgomery County Map Records (M.C.M.R.);

THENCE along the westerly line of said Southwest Drive the following calls:

N 07° 32’ 17” E, 178.18 feet;

NORTHERLY along a curve to the right, through a central angle of 24° 26' 31", and a radius of 373.02 feet, an arc length of 159.13 feet, and having a long chord bearing and distance of N 19° 44' 27" E, 157.92 feet;

N 31° 58' 48" E, 317.57 feet;

NORTHEASTERLY along a curve to the right, through a central angle of 06° 08' 31", and a radius of 1,863.94 feet, an arc length of 199.81 feet, and having a long chord bearing and distance of N 35° 01' 58" E, 199.71 feet;

N 38° 07' 19" E, 317.57 feet;

Northeasterly along a curve to the right, through a central angle of 37° 32' 21", and a radius of 833.88 feet, an arc length of 546.34 feet, and having a long chord bearing and distance of N 56° 52' 21" E, 536.63 feet;

N 75° 25' 55" E, 1,017.29 feet;

Northeasterly along a curve to the left, through a central angle of 49° 10' 22", to a point of tangency, said curve having a radius of 901.06 feet, an arc length of 773.32 feet, and having a long chord bearing and distance of N 50° 48' 41" E, 749.80 feet;

N 26° 13' 30" E, 289.81 feet, to the southeast corner of Unrestricted Reserve “A” as shown on the plat of Towne Center as recorded in Cabinet “J”, Sheet 67 of the M.C.M.R.

Along the north and west lines according to the deed recorded under File No. 8916747, the following calls:

THENCE N 63° 29' 31" W, 139.16 feet, with and adjoining the southerly line of said Unrestricted Reserve “A”, to a northerly corner of the herein described tract;

THENCE: N 63° 41’ 09” W, 812.35 ft. along the Southwest line of the Moran tract to a 3/8” iron rod for corner in the South line of the B. M. Hill tract;

THENCE: S 74° 09’ 16” W, 217.47 ft. to a concrete monument for the Hill Southwest corner and the southeast corner of the Parkwest Subdivision;

THENCE: S 73° 59’ 37” W, 179.31 ft. and S 73° 59’ 47” W, 1185.0 ft. along the South line of Parkwest Subdivision to its Southwest corner and the Southeast corner of Woodbranch Subdivision, an axle found for corner;

THENCE: S 74° 29’ 30” W, 506.30 ft. to a 1/2” iron pipe found in the South line of the Parkwest Subdivision;

THENCE S 74° 18’ 28” W, 249.66 ft. to a concrete monument found in the South line of the Parkwest Subdivision;

THENCE: S 74° 11’ 06” W, 374.74 ft. along the South line of the Parkwest Subdivision to a stake for corner;

THENCE: S 73° 43’ 55” W, 1607.01 ft. to an angle iron found for the Southwest corner of the W. F. Newton tract;

THENCE: S 76° 399’ 39” W, 275.49 ft. to a 3/4” iron pipe for the Southwest corner of the Abe Brown tract and the Southeast corner of the C. Brown tract;

THENCE: S 74° 54’ 18” W, 181.95 ft. to a broken concrete monument;

THENCE: S 74° 23’ 44” W, 185.32 ft. to a 1/2” iron rod found for corner;

THENCE: S 15° 45’ 29” E, 1167.80 ft along the Madeley East line to a 5/8” iron rod for corner in the North right of way line of F. M. Highway 2854;

THENCE: Along the North line of F. M. 2854:

1) S 81° 45’ 48” E, 469.90 ft;

2) S 85° 16’ 23” E, 769.62 ft.;

3) S 79° 32’ 37” E, 201.0 ft.;

4) S 85° 15’ 15” E, 699.03 ft.;

5) S 88° 04’ 37” E, 201.22 ft.;

6) S 85° 18’ 46” E, 199.38 ft.;

7) S 82° 27’ 43” E, 63.06 ft, to the place of beginning and containing a calculated 178.42 acres of land.

TRACT 3

Approximately 57.15 acres of land out of the north one-half of the Denward James Survey, Montgomery County, Texas, more particularly described by metes and bounds, as follows:

BEGINNING at a 1/2 inch iron pipe on the south right-of-way line of the GC&SF Railway, being 100 feet at right angles from the center line of said railroad and being also at the northeast corner of the 75 acre tract formerly belonging to J. Smith;

THENCE down the south line of said right-of-way on a curve to the left with chords as follows: s. 78 degrees, 03 minutes East 450.9 feet; South 82 degrees, 33 minutes East 432.6 feet to the approximate P.T.;

THENCE continuing down the said right-of-way South 85 degrees, 05 minutes East 2855.3 feet to a point on the middle line of the said D. James survey, a point for corner;

THENCE South 74 degrees, 39 minutes West along the said middle line of the D. James survey 3818.5 feet to the Southeast corner of the said Smith tract;

THENCE North 1 degree, 20 minutes West along the East line of the said Smith tract 1405.3 feet to the PLACE OF BEGINNING and containing 57.15 acres of land, more or less.

TRACT 4

The surface estate and only the surface estate of 12.74 acres, more or less, in the Denward James Survey, Abstract 289, Montgomery County, Texas, and being the same land described in the Deed executed by Doyle Tow dated July 24, 1963, recorded in Volume 546, Page 67, Deed Records, Montgomery County, Texas, as shown below.

BEGINNING at the N.W. corner of the Dan Madeley 10 acre tract for the most westerly S. W. corner of this tract, and situated in the E.B.L. of the C. J. Cartwright tract 1-1/21" I. pipe for corner;

THENCE N. 00° 181 E. 174.o ft. with the dividing line of this tract and the Cartwright tract to a 211 I. Rod for the most westerly N.W. corner of this tract;

THENCE N. 74° 22' E., 437.0 ft. with the dividing line of this tract and the Keppler tract to fence post for corner and situated in the South R.O.W. line of the A.C. & S.F. R.R.;

THENCE 100 ft. South of and parallel with the South R.O.W. line of A.C. & S. F. R.R. with the following calls, to-wit:

S. 62° 59' E., 203.5 ft.;

S. 65° 09' E., 203.5 ft.;

S. 67° 05' E., 203.5 ft.

S. 69° 07’ E., 203.5 ft.;

S. 71° 13’ E., 203.5 ft.;

S. 72° 59’ E., 203.5 ft.

S. 75° 33’ E., 111.8 ft. for an over all distance of 1332.8 ft. to fence post for the N.E. corner of this tract and situated in the W.B.L. of a County Road;

THENCE S.00° 52’ W., 198.7 ft. with the dividing line of this tract and the West R.O.W. line of a County Road to I. Pipe for the S.E. corner of this tract;

THENCE N. 89° 08’ W., 940.0 ft. with the dividing line of this tract and the J. W. Dinkins 16.00 acre tract to an I. Pipe for the most Easterly s.w. corner of this tract, same being the N. W. corner of the Dinkins 16.00 acre tract and situated in the E.B.L. of the Madeley 10. acre tract;

THENCE N. 00° 321 W., 188.5 ft. with the dividing line of this tract and the said Madeley tract to a 1-1/2" I.P. for an inner corner of this tract, same being the N.E. corner of the Madeley tract;

THENCE N. 75° 171 W. 747 ft. with the dividing line of this tract and the Madeley tract to the place of beginning, and to contain 12.74 acres of land, more or less, being the same property described in that certain Deed dated May 15, 1963, from J. W. Dinkins to Doyle Tow, recorded in Volume 542, Page 20, Deed Records, Montgomery County, Texas.

This document was prepared under 22 Texas Administrative Code § 138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.

TRACT 5

BEING a 10.09 acre tract of land situated in the Denward James Survey, Abstract No. 289, Montgomery County, Texas, and being that same called 10-acre tract described in deed to Etta Margaret Madeley Hill and Billy Sue Henna recorded under Clerk's File No. 9809486 of the Real Property Records of Montgomery County, Texas, said 10.09 acre tract of land being more particularly described as follows:

BEGINNING at a 1-1/2 inch iron pipe found for the northwesterly corner of the herein described tract and southwesterly corner of a called 12.74 acre Tract 1 described in deed to HAMARCO LTD. recorded under Clerk's File No. 9625877 of said Real Property Records;

THENCE with the upper 'southerly line of said HAMARCO 12.47 acre tract South 75° 27' 33" East a distance of 743.98 feet to a 1-1/2 inch iron pipe found for corner;

THENCE with the lower westerly line of said 12.74 acre tract South 01° 36' 15" East a distance of 189.3ff feet to a 1/2 inch iron pipe found for the northwesterly corner of a 15.955 acre tract described in deed to Larry Steve Taylor recorded under Clerk's File No., 8013113 of said Real Property Records;

THENCE with the interior westerly line of said 15.955 acre tract South 00° 39' 02" East a distance of 319.07 feet to a 3/4 inch iron pipe found for corner;

THENCE with a northerly line of said 15.955 acre tract South 88°18' 37" West a distance of 716.88 feet to a 1 inch iron pipe found in the easterly line of a called 131.71 acre Tract 3 described in said deed to HAMARCO INC. recorded under Clerk's File No. 9625877;

THENCE with the easterly line of said 131.71 acre Tract 3 North 01°00' 00" West a distance of 716.39 feet to the POINT OF BEGINNING, and containing a computed area of 10.09 acres of land within this Field Note Description.

TRACT 6

A tract or parcel of land containing 64.52 acres out of the Denward James Survey, Abstract No. 289, Montgomery County, Texas, being a portion of a 131.71 acre tract, conveyed to DJS Land Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of the Official Public Records of Real Property Montgomery County (O.P.R.R.P.M.C.), said 64.52 acres being more particularly described by metes and bounds as follows, the basis of bearing is the deed call for the northerly line said 131.71 acre tract:

THENCE South 1 degree 00 minute 00 second East, 832.9 varas (2,313.62 feet called), (2,281.10 feet calculated), along the common boundary line with the John Smith Tract to the southwest corner of the John Smith Tract;

THENCE South 75 degrees 15 minutes 13 seconds West, 1,631.85 feet, along the south line of said 131.71 acre tract, to the easterly right-of-way line of Loop 336 acquisition, as recorded under Clerk’s File No. 8645929 of the Official Public Records of Real Property Montgomery County, Texas (O.P.R.R.P.M.C.), and being the southwest corner of the herein described tract, and the southeast corner of the 1.339 acre right-of-way description;

THENCE along the easterly line of Loop 336 based on deed recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the following calls:

Northerly along a curve to the right, through a central angle of 34 degrees 12 minutes 12 seconds, to a westerly corner of the herein described tract, said curve having a radius of 2,764.93 feet, an arc length of 1,650.56 feet, and a long chord gearing and distance of North 12 degrees 19 minutes 56 seconds East, 1,626.16 feet;

North 29 degrees 47 minutes 36 seconds EAST (called), (North 32 degrees 25 minutes 21 seconds East calculated), 290.92 feet along said easterly right-of-way line of Loop 336, to a westerly corner of the herein described tract;

Northeasterly along a curve to the left, with and adjoining said easterly right-of-way line of Loop 336, through a central angle of 01 degree 41 minutes 42 seconds, to a westerly corner of the herein described tract, said curve having a radius of 5,180.38 feet, an arc length of 153.26 feet, and a long chord bearing and distance of North 25 degrees 22 minutes 02 seconds East (called), (North 27 degrees 59 minutes 47 seconds East (calculated), 153.25 feet;

North 65 degrees 28 minutes 49 seconds West (called), (North 62 degrees 51 minutes 04 seconds West calculated), 15.00 feet, along easterly right-of-way line of Loop 336, to a non-tangent curve and westerly corner of the herein described tract;

Northeasterly along a curve to the left, through a central angle of 01 degree 16 minutes 06 seconds, to a westerly corner of the herein described tract, also being the southerly corner of a 0.657 acre Loop 336 right-of-way acquisition as recorded under Clerk’s File No 9007438 of the O.P.R.R.P.M.C., said curve having a radius of 5,126.33 feet, an arc length of 113.48 feet, and a long chord bearing and distance of North 26 degrees 31 minutes 01 seconds East (calculated), 113.48 feet;

THENCE along the easterly line of Loop 336 based on deed recorded under Clerk’s File No. 90074389 of the O.P.R.R.P.M.C. the following calls

North 26 degrees 57 minutes 15 seconds East (called), (North 29 degrees 35 minutes 24 seconds East calculated), 5.27 feet, along said easterly right-of-way line of Loop 336, to a westerly corner of the herein described tract;

Northeasterly along a curve to the left, with and adjoining said easterly right-of-way line of Loop 336, through a central angle of 04 degrees 12 minutes 19 seconds, to a westerly corner of the herein described tract, said curve having a radius of 2,822.59 feet, an arc length of 207.17 feet, and having a long chord bearing and distance of North 31 degrees 41 minutes 34 seconds East, 207.12 feet;

North 31 degrees 09 minutes 34 seconds E (called), North 33 degrees 47 minutes 43 seconds East calculated), 186.70 feet, with and adjoining said easterly line of Loop 3366, to a non-tangent curve and westerly corner of the herein described tract;

Northeasterly along a curve to the left, through a central angle of 03 degrees 22 minutes 56 seconds, to the northwest corner of the herein described tract, also being the northeast corner of said 0.657 acre acquisition tract, said curve having a radius of 2,922.59 feet, an arc length of 172.52, and having a long chord bearing an distance of North 32 degrees 06 minutes 15 seconds East, 172.50 feet;

THENCE North 74 degrees 17 minutes 00 second East, 567.51 feet, to the POINT OF BEGINNING, and containing 64.52 acres of land, more or less. Based on an on-the-ground survey conducted on October 20, 2022.

TRACT 7

A tract or parcel of land containing 48.0 acres out of the Denward James Survey, Abstract No. 289, Montgomery County, Texas, being a portion of a 131.71 acre tract, conveyed to DJS Land Company, LTD et al, as recorded under Clerk’s File No. 2000108801 of the Official Public Records of Real Property Montgomery County (O.P.R.R.P.M.C.), said 48.0 acres being more particularly described by metes and bounds as follows, the basis of bearing is the deed call for the northerly line said 131.71 acre tract:

COMMENCING at the northeast corner of said 131.71 acre tract, lying in the north line of the Denward James Survey;

THENCE South 74 degrees 17 minutes 00 second West, with and adjoining the north line of said 131.71 acre tract also being the north line of the Denward James Survey, at 567.51 feet, passing the east right-of-way line of Loop 336 as recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C., and continuing a total distance of 1,025.45 feet (calculated), to the POINT OF BEGINNING and northeast corner of the herein described tract, also being the northwest corner of a loop 336, 0.738 ac acquisition parcel as recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C.;

THENCE along the westerly line of Loop 336 based on deed recorded under Clerk’s File No. 9007438 of the O.P.R.R.P.M.C. the following calls:

South 15 degrees 19 minutes 54 seconds West, 292.67 feet, to a found TxDOT monument;

Southerly along a curve to the right, through a central angle of 05 degrees 06 minutes 38 seconds, to the south corner of said 0.738ac acquisition tract, lying in a westerly line of a 1.664 acre right-o-way acquisition tract as recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C., said curve having a radius of 2,822.83 feet, an arc length of 251.79 feet, and a long chord bearing and distance of South 20 degrees 31 minutes 48 seconds West, 251.70 feet;

THENCE along the westerly line of Loop 336 based on deed recorded under Clerk’s File No. 8645929 of the O.P.R.R.P.M.C. the following calls:

South 25 degrees 46 minutes 19 seconds West 255.96 feet;

Southwesterly along a curve to the left, through a central angle of 14 degrees 47 minutes 00 second, to a found 5/8-inch iron rod for an easterly corner of the herein described tract, said curve having a radius of 2,964.93 feet, an arc length of 765.01 feet, and having a long chord bearing and distance of South 24 degrees 41 minutes 21 seconds West, 762.89 feet;

North 75 degrees 20 minutes 59 seconds West, 10.00 feet, to a found 5/8-inch iron rod;

Southerly along a curve to the left, through a central angle of 20 degrees 16 minutes 31 seconds to the southeast corner of said 1.664 acre acquisition tract, said curve having a radius of 2,974.93 feet, an arc length of 1,052.73 feet, and having a long chord bearing and distance of South 07 degrees 09 minutes 35 seconds West, 1,047.25 feet;

THENCE South 74 degrees 50 minutes 24 seconds West, 1,330.16 feet, at 1,058.77 feet, passing a found 5/8-inch iron rod, along the southerly line of said 131.31 acre tract, to a southwest corner of the herein described tract;

THENCE North 27 degrees 54 minutes 46 seconds East, 279.89 feet, to a westerly corner of the herein described tract;

THENCE North 66 degrees 31 minutes 59 seconds East, 465.28 feet, to a westerly corner of the herein described tract;

THENCE North 41 degrees 46 minutes 54 seconds East, 404.13 feet, to a westerly corner of the herein described tract;

THENCE North 00 degree 11 minutes 45 seconds West, 293.64 feet, to a westerly corner of the herein described tract;

THENCE North 34 degrees 26minutes 10 seconds West, 139.65 feet, to a westerly corner of the herein described tract;

THENCE North 45 degrees 40 minutes 37 seconds West, 317.65 feet, to a westerly corner of the herein described tract;

THENCE North 78 degrees 31 minutes 11 seconds West, 135.42 feet, to a westerly corner of the herein described tract;

THENCE North 37 degrees 54 minutes 16 seconds West, 102.05 feet, to a westerly corner of the herein described tract;

THENCE North 13 degrees 54 minutes 22 seconds East, 113.49 feet, to a westerly corner of the herein described tract;

THENCE North 60 degrees 27 minutes 57 seconds East, 190.37 feet, to a westerly corner of the herein described tract;

THENCE North 44 degrees 31 minutes 09 seconds East, 371.18 feet, to a westerly corner of the herein described tract;

THENCE North 25 degrees 01 minute 17 seconds East, 208.41 feet, to a westerly corner of the herein described tract;

THENCE North 07 degrees 59 minutes 22 seconds West, 92.95 feet, to a westerly corner of the herein described tract;

THENCE North 07 degrees 53 minutes 51 seconds East, 272.81 feet, to a westerly corner of the herein described tract, lying in said northerly of the 131.41 acre tract and the northerly line of the Denward James Survey;

THENCE North 74 degrees 17 minutes 00 second East, 1,197.41 feet, with and adjoining said northerly line of the 131.41 acre tract, to the POINT OF BEGINNING, and containing 47.92 acres more or less. Based on an on-the-ground survey conducted on October 20, 2022.

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 8074, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8074.0306 to read as follows:

Sec. 8074.0306. 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, 2023.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 2571 passed the Senate on April 27, 2023, by the following vote: Yeas 28, Nays 3.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 2571 passed the House on May 9, 2023, by the following vote: Yeas 107, Nays 35, two present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor