80R8457 SGA-F

By: Eissler H.B. No. 4074

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Montgomery County Municipal Utility District No. 102; providing authority to impose taxes and issue bonds.

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 8263 to read as follows: CHAPTER 8263. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 102 SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8263.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Director" means a member of the board.

(3) "District" means the Montgomery County Municipal Utility District No. 102.

Sec. 8263.002. NATURE OF DISTRICT. The district is a municipal utility district in Montgomery County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 8263.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8263.023 before September 1, 2015:

(1) the district is dissolved September 1, 2015, except that the district shall:

(A) pay any debts incurred;

(B) transfer to Montgomery County any assets that remain after the payment of debts; and

(C) maintain the organization of the district until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2016.

Sec. 8263.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All land and other property included in the district will benefit from the improvements and services to be provided by the district.

(b) The district is created to accomplish:

(1) the purposes of a municipal utility district as provided by general law; and

(2) to the extent authorized by Section 52, Article III, Texas Constitution, the construction, acquisition, improvement, maintenance, or operation of arterial or main feeder roads or improvements in aid of those roads.

Sec. 8263.005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act creating 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 or collect an assessment or tax; or

(4) legality or operation. [Sections 8263.006-8263.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 8263.021. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Kirk Laguarta;

(2) Jill Welmer;

(3) Brent Brentzel;

(4) Jenrose Foshee; and

(5) Nathan Giessinger.

(b) Temporary directors serve until the earlier of:

(1) the date initial directors are elected under Section 8263.023; or

(2) the date this subchapter expires under Section 8263.025.

Sec. 8263.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors. At the meeting, the temporary directors shall elect officers from among the temporary directors and conduct any other district business.

Sec. 8263.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Not later than the second anniversary of the organizational meeting held under Section 8263.022, the temporary directors shall hold an election to confirm the creation of the district and to elect five initial directors as provided by Section 49.102, Water Code.

Sec. 8263.024. INITIAL ELECTED DIRECTORS; TERMS. Unless the initial board otherwise agrees, the directors elected under Section 8263.023 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 8263.052 and which three shall serve until the second regularly scheduled election of directors.

Sec. 8263.025. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2015. [Sections 8263.026-8263.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8263.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors.

(b) Except for temporary or initial directors, directors serve staggered four-year terms.

Sec. 8263.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected. [Sections 8263.053-8263.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8263.101. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. (a) 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.

(b) The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8263.102. ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may acquire, construct, or finance a road that meets the criteria or requirements for a thoroughfare, arterial, or collector road of the county in which the road is located or the municipality in whose corporate limits or extraterritorial jurisdiction the road is located or improvements in aid of that road.

(b) A road project must meet all applicable standards, regulations, and ordinances of the municipality or county in whose jurisdiction the district is located.

Sec. 8263.103. RECREATIONAL FACILITIES; LIMIT ON EMINENT DOMAIN POWER. (a) In this section, "recreational facilities" and "develop and maintain" have the meanings assigned by Section 49.462, Water Code.

(b) The district may develop and maintain recreational facilities.

(c) The district may not, for the development or maintenance of a recreational facility, acquire by condemnation land, an easement, or other property inside or outside the district.

Sec. 8263.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section 54.016, Water Code, the district shall comply with all applicable requirements of any ordinance or resolution adopted by the governing body of the municipality that consents to the creation of the district or to the inclusion of lands within the district. [Sections 8263.105-8263.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8263.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from any source other than ad valorem taxation.

(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 operation and maintenance tax or issue bonds payable from ad valorem taxes.

Sec. 8263.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8263.151, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election. [Sections 8263.153-8263.200 reserved for expansion] SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8263.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 8263.202. BONDS FOR ROAD PROJECTS. (a) The district may not issue bonds to finance projects authorized by Section 8263.102 unless the issuance is approved by a vote of a two-thirds majority of the voters of the district voting at an election called for that purpose.

(b) Bonds or other obligations issued or incurred to finance projects authorized by Section 8263.102 may not exceed one-fourth of the assessed value of the real property in the district.

Sec. 8263.203. BONDS FOR RECREATIONAL FACILITIES. If authorized at an election under Section 8263.151, the district may issue bonds payable from ad valorem taxes to pay for the development and maintenance of recreational facilities.

Sec. 8263.204. TAXES FOR BONDS. At the time bonds payable wholly or partly from ad valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds as the interest becomes due;

(B) create a sinking fund for the payment of the principal of the bonds when due or the redemption price at any earlier required redemption date; and

(C) pay the expenses of imposing the taxes.

SECTION 2. The Montgomery County Municipal Utility District No. 102 initially includes all the territory contained in the following area: TRACT 1 All that certain 527.832 acre (22,992,348 square feet) parcel of land situated in the Joseph A. Parker Survey, Abstract Number 418, and the R.N. Davis Survey, Abstract Number 161, both in Montgomery County, Texas, and being a portion of that certain call 1,554.570 acre tract described in a Warranty Deed to Pacific Indio Properties, Inc. recorded in Clerk's File Number 2006-013955 of the Official Public Records of Real Property at Montgomery County, Texas (O.P.R.R.P.M.C.T.), said 527.832 acre tract being more particularly described by metes and bounds as follows: (All bearings are referenced to the Texas State Plane Coordinate System, South Central Zone) BEGINNING at a 5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847" found for the northwest corner of that certain call 640.6 acre tract described in a Warranty Deed with Reservation of Minerals to J.R. Development, Inc., in Clerk's Number 2002-062840 of the O.P.R.R.P.M.C.T.; THENCE, through and across said 1,554.570 acre tract, the following five (5) courses:

1) South 56 Degrees 12 Minutes 55 Seconds West, a distance of 1,094.52 feet to an angle point;

2) South 68 Degrees 19 Minutes 38 Seconds West, a distance of 879.85 feet to an angle point;

3) South 29 Degrees 19 Minutes 18 Seconds West, a distance of 643.72 feet to an angle point;

4) South 43 Degrees 22 Minutes 37 Seconds West, a distance of 243.84 feet to an angle point;

5) South 76 Degrees 01 Minute 00 Seconds West, a distance of 404.61 feet to a point in the easterly right-of-way (R.O.W.) line of proposed Townsen Road (100 feet wide); THENCE, continuing through and across said 1,554.570 acre tract, and with the easterly and northeasterly R.O.W. line of said Townsen Road, the following five (5) courses:

1) 620.73 feet along the arc of a curve to the right having a radius of 1,950.00 feet, a central angle of 18 Degrees 14 Minutes 19 Seconds, and a chord that bears North 13 Degrees 07 Minutes 32 Seconds West, a distance of 618.11 feet;

2) North 04 Degrees 00 Minutes 22 Seconds West, a distance of 478.81 feet to the beginning of a curve to the left;

3) 1,550.83 feet along the arc of said curve to the left having a radius of 3,050.00 feet, a central angle of 29 Degrees 07 Minutes 59 Seconds, and a chord that bears North 18 Degrees 34 Minutes 22 Seconds West, a distance of 1,534.17 feet;

4) North 33 Degrees 08 Minutes 21 Seconds West, a distance of 428.13 feet to the beginning of a curve to the left;

5) 1,751.25 feet along the arc of said curve to the left having a radius of 2,050.00 feet, a central angle of 48 Degrees 56 Minutes 46 Seconds, and a chord that bears North 57 Degrees 36 Minutes 44 Seconds West, a distance of 1,698.49 feet to the intersection of the northeasterly R.O.W. line of proposed Townsen Road with the easterly R.O.W. line of a proposed 100 foot wide R.O.W.; THENCE, continuing through and across said 1,554.570 acre tract, and with the easterly and northeasterly line of said proposed 100 foot wide R.O.W., the following four (4) courses:

1) North 06 Degrees 31 Minutes 01 Second East, a distance of 17.93 feet to the beginning of a curve to the left;

2) 3,090.25 feet along the arc of said curve to the left having a radius of 2,050.00 feet, a central angle of 86 Degrees 22 Minutes 12 Seconds, and a chord that bears North 36 Degrees 40 Minutes 05 Seconds West, a distance of 2,805.86 feet;

3) North 79 Degrees 51 Minutes 11 Seconds West, a distance of 366.40 feet to the beginning of a curve to the right;

4) 1,318.62 feet along the arc of said curve to the right having a radius of 1,950.00 feet, a central angle of 38 Degrees 44 Minutes 39 Seconds, and a chord that bears North 60 Degrees 28 Minutes 51 Seconds West, a distance of 1,293.64 feet to the intersection of the easterly line of said proposed 100 foot wide R.O.W. with the northerly line of said 1,554.570 acre tract; THENCE, with the northerly line of said 1,554.570 acre tract, North 59 Degrees 49 Minutes 41 Seconds East, a distance of 2.21 feet to a 5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX." found for the southwest corner of that certain call 915 acre Conservation Easement and an angle point in said 1,554.570 acre tract and the herein described tract; THENCE, with the southerly line of said 915 acre Conservation Easement and the northerly line of said 1,554.570 acre tract and the herein described tract, North 50 Degrees 39 Minutes 59 Seconds East, a distance of 3,159.31 feet to a 5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX." found for an angle point in said 915 acre Conservation Easement and the herein described tract; THENCE, continuing with the southerly line of said 915 acre Conservation Easement and the northerly line of the herein described tract, South 76 Degrees 45 Minutes 40 Seconds East, at 1,553.40 feet pass a 5/8 inch iron rod stamped "CDS/MUERY S.A. TX." found for reference, and continue, in all, a distance of 1,753.61 feet to a point on the west high bank of the West Fork of the San Jacinto River for an angle point of the herein described tract; THENCE, with the meanders of the west bank of the West Fork of the San Jacinto River, the following forty eight (48) courses:

1) South 30 Degrees 22 Minutes 24 Seconds West, a distance of 56.07 feet;

2) South 45 Degrees 58 Minutes 13 Seconds West, a distance of 40.83 feet;

3) South 46 Degrees 19 Minutes 57 Seconds West, a distance of 69.31 feet;

4) South 42 Degrees 10 Minutes 45 Seconds West, a distance of 76. 52 feet;

5) South 40 Degrees 13 Minutes 52 Seconds West, a distance of 78.33 feet;

6) South 46 Degrees 53 Minutes 30 Seconds West, a distance of 79.44 feet;

7) South 53 Degrees 07 Minutes 53 Seconds West, a distance of 65.22 feet;

8) South 56 Degrees 09 Minutes 36 Seconds West, a distance of 65.51 feet;

9) South 58 Degrees 48 Minutes 22 Seconds West, a distance of 79.13 feet;

10) South 50 Degrees 41 Minutes 06 Seconds West, a distance of 86.81 feet;

11) South 38 Degrees 51 Minutes 13 Seconds West, a distance of 445.76 feet;

12) South 08 Degrees 36 Minutes 30 Seconds West, a distance of 155.51 feet;

13) South 04 Degrees 38 Minutes 42 Seconds East, a distance of 158.47 feet;

14) South 26 Degrees 22 Minutes 18 Seconds East, a distance of 464.19 feet;

15) South 41 Degrees 04 Minutes 43 Seconds East, a distance of 291.77 feet;

16) South 46 Degrees 32 Minutes 40 Seconds East, a distance of 166.24 feet;

17) South 63 Degrees 38 Minutes 58 Seconds East, a distance of 129.80 feet;

18) South 76 Degrees 54 Minutes 46 Seconds East, a distance of 183.21 feet;

19) South 76 Degrees 35 Minutes 35 Seconds East, a distance of 142.77 feet;

20) South 85 Degrees 17 Minutes 14 Seconds East, a distance of 91.08 feet;

21) North 73 Degrees 21 Minutes 11 Seconds East, a distance of 114.45 feet;

22) North 75 Degrees 00 Minutes 21 Seconds East, a distance of 82.76 feet;

23) North 75 Degrees 17 Minutes 10 Seconds East, a distance of 156.41 feet;

24) North 80 Degrees 37 Minutes 30 Seconds East, a distance of 179.16 feet;

25) South 88 Degrees 32 Minutes 27 Seconds East, a distance of 112.81 feet;

26) South 66 Degrees 19 Minutes 02 Seconds East, a distance of 252.55 feet;

27) South 46 Degrees 37 Minutes 09 Seconds East, a distance of 142.93 feet;

28) South 59 Degrees 26 Minutes 36 Seconds East, a distance of 71.26 feet;

29) South 49 Degrees 58 Minutes 30 Seconds East, a distance of 94.49 feet;

30) South 48 Degrees 25 Minutes 09 Seconds East, a distance of 94.68 feet;

31) South 52 Degrees 24 Minutes 30 Seconds East, a distance of 107.26 feet;

32) South 48 Degrees 14 Minutes 34 Seconds East, a distance of 98.37 feet;

33) South 51 Degrees 22 Minutes 58 Seconds East, a distance of 68.56 feet;

34) South 24 Degrees 15 Minutes 08 Seconds East, a distance of 88.72 feet;

35) South 18 Degrees 47 Minutes 45 Seconds East, a distance of 94.31 feet;

36) South 05 Degrees 46 Minutes 32 Seconds West, a distance of 90.96 feet;

37) South 01 Degree 09 Minutes 42 Seconds East, a distance of 83.27 feet;

38) South 15 Degrees 38 Minutes 15 Seconds West, a distance of 94.81 feet;

39) South 01 Degrees 38 Minutes 35 Seconds West, a distance of 89.05 feet;

40) South 12 Degrees 51 Minutes 45 Seconds West, a distance of 192.88 feet;

41) South 30 Degrees 35 Minutes 53 Seconds East, a distance of 184.94 feet;

42) South 47 Degrees 16 Minutes 08 Seconds East, a distance of 186.66 feet;

43) South 56 Degrees 42 Minutes 16 Seconds East, a distance of 211.00 feet;

44) South 59 Degrees 28 Minutes 08 Seconds East, a distance of 308.02 feet;

45) South 80 Degrees 02 Minutes 13 Seconds East, a distance of 172.28 feet;

46) South 87 Degrees 04 Minutes 25 Seconds East, a distance of 234.54 feet;

47) North 68 Degrees 19 Minutes 10 Seconds East, a distance of 263.23 feet;

48) North 58 Degrees 17 Minutes 31 Seconds East, a distance of 247.63 feet; THENCE, departing the meanders of the west bank of Spring Creek and with the easterly line of said 1,554.570 acre tract, South 31 Degrees 42 Minutes 29 Seconds East, a distance of 133.36 feet to a 5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847" found for the northwest corner of that certain call 19.00 acre Conservation Easement described in a deed to Legacy Land Trust, Inc. in M.C.C.F. Number 2003-032879 for an angle point in the herein described tract; THENCE, with the northwesterly line of said 19.00 acre Conservation Easement, South 15 Degrees 11 Minutes 58 Seconds West, a distance of 878.75 feet to a 5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847" found in the northeasterly line of that certain call 74.000 acre Conservation Easement described in a deed to Legacy Land Trust, Inc. in M.C.C.F. Number 2002-017148 for an angle point in the herein described tract; THENCE, counterclockwise, with the northeasterly, westerly and southwesterly boundary of said 74.000 acre Conservation Easement, the following seven (7) courses:

1) North 65 Degrees 42 Minutes 43 Seconds West, a distance of 1,117.88 feet to a 5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847" found for an angle point;

2) North 63 Degrees 01 Minute 15 Seconds West, a distance of 214.00 feet to a 5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847" found for the upper northwest corner of said 74.000 acre Conservation Easement and an angle point for the herein described tract;

3) South 57 Degrees 07 Minutes 08 Seconds West, a distance of 727.10 feet to a 5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX." found for the lower northwest corner of said 74.000 acre Conservation Easement and an angle point in the herein described tract;

4) South 20 Degrees 38 Minutes 34 Seconds East, a distance of 196.61 feet to a 5/8 inch iron rod with plastic cap stamped "BENCHMARK ENGR." set for an angle point in said 74.000 acre Conservation Easement and the herein described tract;

5) South 22 Degrees 11 Minutes 29 Seconds East, a distance of 893.86 feet to a 5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX." found for the southwest corner of said 74.000 acre Conservation Easement and an angle point in the herein described tract;

6) South 79 Degrees 17 Minutes 46 Seconds East, a distance of 525.67 feet to a 5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX." found for an angle point in the southwesterly line of said 74.000 acre Conservation Easement and the herein described tract;

7) South 78 Degrees 00 Minutes 36 Seconds East, at 994.32 feet pass a 5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX." found for the call common line of said R.N. Davis Survey said Joseph A. Parker Survey, and continue, in all, a distance of 1,953.24 feet to a 5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX." found for the southeast corner of said 74.000 acre Conservation Easement and an angle point in the herein described tract; THENCE, departing the southeast corner of said 74.000 acre Conservation Easement, and with the easterly line of said 1,554.570 acre tract, the following three (3) courses:

1) South 46 Degrees 21 Minutes 37 Seconds East, a distance of 263.57 feet to a 5/8 inch iron rod with plastic cap stamped "BENCHMARK ENGR." found for an angle point;

2) North 43 Degrees 38 Minutes 23 Seconds East, a distance of 600.00 feet to a 5/8 inch iron rod with plastic cap stamped "BENCHMARK ENGR." found for an angle point;

3) North 34 Degrees 46 Minutes 38 Seconds East, at 1,185.84 feet pass a 5/8 inch iron rod with plastic cap stamped "BENCHMARK ENGR." set for reference, and continue, in all, a distance of 1,385.84 feet to a to a point on the west bank of the West Fork of the San Jacinto River for an angle point in the herein described tract; THENCE, with the meanders of the west bank of the West Fork of the San Jacinto River, the following five (5) courses:

1) South 43 Degrees 38 Minutes 03 Seconds East, a distance of 65.88 feet;

2) South 48 Degrees 38 Minutes 46 Seconds East, a distance of 132.16 feet;

3) South 52 Degrees 19 Minutes 01 Second East, a distance of 87.17 feet;

4) South 47 Degrees 26 Minutes 02 Seconds East, a distance of 86.22 feet;

5) South 53 Degrees 17 Minutes 44 Seconds East, a distance of 73.27 feet; THENCE, departing the meanders of the west bank of Spring Creek, and with the northerly line of said 640.6 acre tract and the southerly line of the herein described tract, South 43 Degrees 38 Minutes 23 Seconds West, at 99.85 feet pass a 5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847" found for reference, and continue, in all, a distance of 2,593.77 feet to the POINT OF BEGINNING and containing 527.832 acres (22,992,348 square feet) of land. TRACT 2 All that certain 169.830 acre (7,397,783 square feet) parcel of land situated in the Joseph A. Parker Survey, Abstract Number 418, and the R.N. Davis Survey, Abstract Number 161, both in Montgomery County, Texas, and being a portion of that certain call 1,554.570 acre tract described in a Warranty Deed to Pacific Indio Properties, Inc. recorded in Clerk's File Number 2006-013955 of the Official Public Records of Real Property at Montgomery County, Texas (O.P.R.R.P.M.C.T.), said 169.830 acre tract being more particularly described by metes and bounds as follows: (All bearings are referenced to the Texas State Plane Coordinate System, South Central Zone) BEGINNING at a 3/4 inch iron pipe found in the recognized common line of said R.N. Davis Survey and said Joseph A. Parker Survey for the southeast corner of that certain call 2,883.06 acre tract described in a Deed to LGI LAND, L.L.C. in Clerk's File Number 2004-114162 of the O.P.R.R.P.M.C.T., an interior corner of said 1,554.570 acre tract, and the southwest corner of the herein described tract, and from which a 100D nail found for reference bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of 12.69 feet, and from which a "PK" nail found in a 4 inch wooden post bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of 8.04 feet; THENCE, with the easterly line of said 2,883.06 acre tract, the upper westerly line of the said 1,554.570 acre tract, and the westerly line of the herein described tract, North 30 Degrees 10 Minutes 19 Seconds West, a distance of 4,002.79 feet to a 5/8-inch iron rod with plastic cap stamped "BENCHMARK ENGR." set in the southwesterly right-of-way (R.O.W.) line of proposed Townsen Road (100 feet wide) for the northwest corner of the herein described tract; THENCE, through and across said 1,554.570 acre tract, and with the southerly and westerly R.O.W. line of said proposed Townsen Road, the following six (6) courses:

1) North 59 Degrees 50 Minutes 02 Seconds East, a distance of 147.67 feet to the beginning of a curve to the right;

2) 2,961.87 feet along the arc of said curve to the right having a radius of 1,950.00 feet, a central angle of 87 Degrees 01 Minute 37 Seconds, and a chord that bears South 76 Degrees 39 Minutes 10 Seconds East, a distance of 2,685.25 feet;

3) South 33 Degrees 08 Minutes 21 Seconds East, a distance of 428.13 feet to the beginning of a curve to the right;

4) 1,499.98 feet along the arc of said curve to the right having a radius of 2,950.00 feet, a central angle of 29 Degrees 07 Minutes 59 Seconds, and a chord that bears South 18 Degrees 34 Minutes 22 Seconds East, a distance of 1,483.87 feet;

5) South 04 Degrees 00 Minutes 22 Seconds East, a distance of 478.81 feet to the beginning of a curve to the left;

6) 139.68 feet along the arc of said curve to the left having a radius of 2,050.00 feet, a central angle of 03 Degrees 54 Minutes 14 Seconds, and a chord that bears South 05 Degrees 57 Minutes 29 Seconds East, a distance of 139.65 feet to the southeast corner; THENCE, departing the westerly R.O.W. of proposed Townsen Road, continuing through and across said 1,554.570 acre tract, and with the southerly line of the herein described tract, the following two (2) courses:

1) North 87 Degrees 41 Minutes 21 Seconds West, a distance of 797.17 feet to an angle point;

2) South 50 Degrees 32 Minutes 13 Seconds West, a distance of 889.47 feet to the POINT OF BEGINNING and containing 169.830 acres (7,397,783 square feet) of land. TRACT 3 All that certain 100.750 acre (4,388,668 square feet) parcel of land situated in the R.N. Davis Survey, Abstract Number 161, Montgomery County, Texas, and being a portion of that certain call 1,554.570 acre tract described in a Warranty Deed to Pacific Indio Properties, Inc. recorded in Clerk's File Number 2006-013955 of the Official Public Records of Real Property at Montgomery County, Texas (O.P.R.R.P.M.C.T.) said 100.750 acre tract being more particularly described by metes and bounds as follows: (All bearings are referenced to the Texas State Plane Coordinate System, South Central Zone) COMMENCING at a 3/4 inch iron pipe found in the recognized common line of said R.N. Davis Survey and the Joseph A. Parker Survey for the southeast corner of that certain call 2,883.06 acre tract described in a Deed to LGI LAND, L.L.C. in Clerk's File Number 2004-114162 of the O.P.R.R.P.M.C.T., and an interior corner of said 1,554.570 acre tract, and from which a 100D nail found for reference bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of 12.69 feet, and from which a "PK" nail found in a 4 inch wooden post bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of 8.04 feet; THENCE, with the easterly line of said 2,883.06 acre tract and the upper westerly line of the said 1,554.570 acre tract, North 30 Degrees 10 Minutes 19 Seconds West, a distance of 4,102.79 feet to a 5/8-inch iron rod with plastic cap stamped "BENCHMARK ENGR." set in the northeasterly right-of-way (R.O.W.) line of proposed Townsen Road (100 feet wide) for the southwest corner and POINT OF BEGINNING of the herein described tract; THENCE, continuing with the easterly line of said 2,883.06 acre tract, the upper westerly line of the said 1,554.570 acre tract, and the westerly line of the herein described tract, North 30 Degrees 10 Minutes 19 Seconds West, a distance of 3,719.63 feet to a 5/8-inch iron rod with plastic cap stamped "BENCHMARK ENGR." found for the northwest corner of said 1,554.570 acre tract and the herein described tract; THENCE, with the northerly line of said 1,554.570 acre tract and the herein described tract, North 59 Degrees 49 Minutes 41 Seconds East, a distance of 71.31 feet to a point in the westerly line of a proposed 100 foot wide right-of-way for the northeast corner of the herein described tract; THENCE, through and across said 1,554.570 acre tract, and with the westerly line of said proposed 100 foot wide R.O.W. the following four (4) courses:

1) 1,405.55 feet along the arc of a curve to the left having a radius of 2,050.00 feet, a central angle of 39 Degrees 17 Minutes 02 Seconds, and a chord that bears South 60 Degrees 12 Minutes 40 Seconds East, a distance of 1,378.18 feet;

2) South 79 Degrees 51 Minutes 11 Seconds East, a distance of 366.40 feet to the beginning of a curve to the right;

3) 2,939.51 feet along the arc of said curve to the right having a radius of 1,950.00 feet, a central angle of 86 Degrees 22 Minutes 12 Seconds, and a chord that bears South 36 Degrees 40 Minutes 05 Seconds East, a distance of 2,668.99 feet;

4) South 06 Degrees 31 Minutes 01 Second West, a distance of 17.93 feet to the intersection of the westerly line of said proposed 100 foot wide R.O.W. with the northeasterly R.O.W. line of proposed Townsen Road (100 feet wide) for the southeast corner of the herein described tract; THENCE, with the northerly R.O.W. line of said proposed Townsen Road, the following two (2) courses:

1) 1,262.49 feet along the arc of a curve to the left having a radius of 2,050.00 feet, a central angle of 35 Degrees 17 Minutes 08 Seconds, and a chord that bears South 77 Degrees 28 Minutes 36 Seconds West, a distance of 1,242.63 feet;

2) South 59 Degrees 50 Minutes 02 Seconds West, a distance of 147.68 feet to the POINT OF BEGINNING and containing 100.750 acres (4,388,668 square feet) of land.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. The legislature finds that:

(1) the Montgomery County Municipal Utility District No. 102, as created by Chapter 8263, Special District Local Laws Code, as added by this Act, is not officially created until confirmed by a majority of the voters of the district voting at an election held for that purpose;

(2) securing the consent of political subdivisions to the creation of the district before the introduction or passage of this Act may be impractical because of the uncertainties of the legislative process; and

(3) the constitutional requirement for the district's compliance with the provisions of the general laws relating to the consent of political subdivisions to the creation of the district and the inclusion of land within the district is satisfied if that consent is secured before the date and hour of canvassing the returns and declaring the results of the confirmation election.

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, 2007.