|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Driftwood Municipal Utility |
|
District No. 1; 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 7983 to read as follows: |
|
CHAPTER 7983. DRIFTWOOD MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7983.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Driftwood Municipal Utility |
|
District No. 1. |
|
Sec. 7983.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7983.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 7983.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 7983.003 |
|
until: |
|
(1) 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; and |
|
(2) the district and each municipality in whose |
|
corporate limits or extraterritorial jurisdiction the district is |
|
located have executed an agreement concerning the creation and |
|
operation of the district. |
|
Sec. 7983.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
|
The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
(c) All land and other property included in the district |
|
will benefit from the improvements and services to be provided by |
|
the district under powers conferred by Sections 52 and 52-a, |
|
Article III, and Section 59, Article XVI, Texas Constitution, and |
|
other powers granted under this chapter. |
|
(d) The creation of the district is in the public interest |
|
and is essential to further the public purposes of: |
|
(1) developing and diversifying the economy of the |
|
state; |
|
(2) eliminating unemployment and underemployment; |
|
(3) developing or expanding transportation and |
|
commerce; and |
|
(4) providing quality residential housing. |
|
(e) The district will: |
|
(1) promote the health, safety, and general welfare of |
|
residents, employers, potential employees, employees, visitors, |
|
and consumers in the district, and of the public; |
|
(2) provide needed funding for the district to |
|
preserve, maintain, and enhance the economic health and vitality of |
|
the district territory as a residential community and business |
|
center; and |
|
(3) promote the health, safety, welfare, and enjoyment |
|
of the public by providing pedestrian ways and by landscaping, |
|
removing graffiti from, and developing certain areas in the |
|
district, which are necessary for the restoration, preservation, |
|
and enhancement of scenic beauty. |
|
(f) Pedestrian ways along or across a street, whether at |
|
grade or above or below the surface, and street lighting, street |
|
landscaping, vehicle parking, and street art objects are parts of |
|
and necessary components of a street and are considered to be an |
|
improvement project that includes a street or road improvement. |
|
Sec. 7983.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act enacting this chapter form a closure. A mistake made in the |
|
field notes or in copying the field notes in the legislative process |
|
does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7983.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 7983.052, directors serve |
|
staggered four-year terms. |
|
Sec. 7983.052. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2017, 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 7983.003; or |
|
(2) September 1, 2021. |
|
(c) If permanent directors have not been elected under |
|
Section 7983.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7983.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7983.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7983.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 7983.103. WATER CONSERVATION FACILITIES. The district |
|
may provide for the conservation of water, including by means of the |
|
construction, operation, and maintenance of a water conservation |
|
facility or water reuse project. |
|
Sec. 7983.104. 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. 7983.105. 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. 7983.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. The district shall comply with all applicable |
|
requirements of any ordinance or resolution that is adopted under |
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
Sec. 7983.107. DEVELOPMENT OF WATER. (a) The district may: |
|
(1) import groundwater or surface water from outside |
|
the district; and |
|
(2) purchase water from a water supply corporation. |
|
(b) The district may not: |
|
(1) develop groundwater on land owned by the district; |
|
or |
|
(2) purchase or lease the rights to groundwater |
|
related to land inside the district. |
|
Sec. 7983.108. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if: |
|
(1) the district has no outstanding bonded debt; and |
|
(2) the district is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 2 of the Act enacting this |
|
chapter. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
7983.003 to confirm the creation of the district. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
(h) Any new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 7983.003. |
|
(i) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
commission. |
|
(j) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7983.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 7983.153. |
|
(b) The district must hold an election in the manner |
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 7983.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7983.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district in accordance with Section 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 7983.153. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7983.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 7983.202. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7983.203. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
SECTION 2. The Driftwood Municipal Utility District No. 1 |
|
initially includes all the territory contained in the following |
|
area: |
|
FIELD NOTE DESCRIPTION OF 323.59 ACRES OF LAND OUT OF THE WILLIAM B. |
|
TRAVIS SURVEY ABSTRACT No. 15 IN HAYS COUNTY, TEXAS, BEING |
|
COMPRISED OF A PORTION OF THAT CERTAIN (117.51 ACRE) TRACT OF LAND |
|
AS CONVEYED TO DAMIAN C. MANDOLA AND TRINA M. MANDOLA BY GENERAL |
|
WARRANTY DEED RECORDED IN VOLUME 2406 PAGE 685 OF THE OFFICIAL |
|
PUBLIC RECORDS OF HAYS COUNTY, TEXAS, TOGETHER WITH A PORTION OF |
|
THAT CERTAIN (150.00 ACRE) TRACT OF LAND AS CONVEYED TO DAMIAN C. |
|
MANDOLA AND TRINA M. MANDOLA BY WARRANTY DEED RECORDED IN VOLUME |
|
2261 PAGE 316 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, |
|
AND TOGETHER WITH A PORTION OF THAT CERTAIN (107.00 ACRE) TRACT OF |
|
LAND AS CONVEYED TO DAMIAN C. MANDOLA AND WIFE, TRINA M. MANDOLA BY |
|
GENERAL WARRANTY DEED RECORDED IN VOLUME 2141 PAGE 753 OF THE |
|
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING MORE |
|
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
BEGINNING at a point in the East right-of-way line of F.M. Highway |
|
No. 150 for the westerly Northwest corner of that certain (117.51 |
|
acre) tract of land as conveyed to Damian C. Mandola and Trina M. |
|
Mandola by General Warranty Deed recorded in Volume 2406 Page 685 of |
|
the Official Public Records of Hays County, Texas, and being in the |
|
West line of that certain (890.32 acres less 90.96 acres) tract as |
|
conveyed to Wilding, LP by Special Warranty Deed recorded in |
|
Document No. 9927839 of the Official Public Records of Hays County, |
|
Texas, and for the Northwesterly corner of that certain (374.53 |
|
acre) tract of land as conveyed to Saber Ventures, L.P. by Special |
|
Warranty Deed recorded in Volume 2023 Page 531 of the Official |
|
Public Records of Hays County, Texas, and for a Southwesterly |
|
corner of that certain (311.44 acre) tract of land as conveyed to AT |
|
Holding-Riata, LLC by Special Warranty Deed recorded in Volume 2023 |
|
Page 547 of the Official Public Records of Hays County, Texas, and |
|
being the westerly Northwest corner and PLACE OF BEGINNING of the |
|
herein described tract of land, and from which a metal spike found |
|
in an asphalt driveway in the East right-of-way line of F.M. Highway |
|
No. 150 (at record centerline HWY Station 398+69.3) bears N 20 deg. |
|
32' 24" W 895.92 ft., and also from which a capped iron rod found |
|
bears N 72 deg. 35' 16" E 0.40 ft.; |
|
THENCE leaving the East right-of-way line of F.M. Highway No. 150 |
|
and entering the interior of said Wilding (890.32 acres less 90.96 |
|
acres) tract with the common line of said Mandola (117.51 acre) |
|
tract and said AT-Holding-Riata (311.44 acre) tract, the following |
|
four (4) courses; |
|
1) N 72 deg. 35' 16" E 957.58 ft. to a capped iron rod found |
|
(marked "McAngus"); |
|
2) N 28 deg. 14' 58" E 1033.24 ft. to a capped iron rod found |
|
(marked "McAngus"); |
|
3) N 88 deg. 23' 37" E 3991.58 ft. to a capped iron rod found |
|
(marked "McAngus"); |
|
4) S 53 deg 02' 43" E at 1953.44 ft. passing a 1 1/4" iron |
|
pipe found, and continuing with the same bearing for a |
|
total distance of 2042.29 ft. to a point in the |
|
approximate centerline of Onion Creek for the Northeast |
|
corner of said Mandola (117.51 acre) tract and for the |
|
Southeast corner of said AT Holding-Riata (311.44 acre) |
|
tract and for the Northwest corner of that certain |
|
(200.585 acre) tract of land as conveyed to Annaton Land |
|
Company, LLC by Warranty Deed recorded in Volume 4617 |
|
Page 374 of the Official Public Records of Hays County, |
|
Texas, and being the Northeast corner of this tract of |
|
land; |
|
THENCE continuing through the interior of said Wilding (890.32 |
|
acres less 90.96 acres) tract with the approximate centerline of |
|
Onion Creek and with the common line of said Mandola (117.51 acre) |
|
tract and said Annaton Land Company (200.585 acre) tract, the |
|
following seven (7) courses; |
|
1) S 36 deg. 24' 12" W 252.79 ft.; |
|
2) S 37 deg. 15' 21" W246.91 ft.; |
|
3) S 41 deg. 42' 31" W 214.94 ft.; |
|
4) S 43 deg. 07' 44" W 212.80 ft.; |
|
5) S 26 deg. 54' 25" W 159.79 ft.; |
|
6) S 27 deg. 42' 48" E 70.19 ft.; |
|
7) S 49 deg. 40' 44" W 239.29 ft. to a point for the |
|
Southeast corner of said Mandola (117.51 acre) tract |
|
and for the Northeast corner of that certain (150.00 |
|
acre) tract of land as conveyed to Damian C. Mandola and |
|
Trina C. Mandola by Warranty Deed recorded in Volume |
|
2261 Page 316 of the Official Public Records of Hays |
|
County, Texas, and being an angle corner of this tract, |
|
and from which a 60D nail found on the Northwesterly |
|
side of a 46" Cypress tree (for reference) bears N 85 |
|
deg. 04' W 47.70 ft.; |
|
THENCE continuing through the interior of said Wilding (890.32 |
|
acres less 90.96 acres) tract with the approximate centerline of |
|
Onion Creek and with the common line of said Mandola (150.00 acre) |
|
tract and said Annaton Land Company (200.585 acre) tract, the |
|
following six (6) courses; |
|
1) S 47 deg. 12' 31" W 253.25 ft.; |
|
2) S 41 deg. 34' 36" W 219.86 ft.; |
|
3) S 41 deg. 33' 07" W 276.42 ft.; |
|
4) S 45 deg. 46' 37" W 288.13 ft.; |
|
5) S 61 deg. 07' 53" W 223.76 ft.; |
|
6) S 58 deg. 51' 17" W 191.85 ft. to a point for the Southeast |
|
corner of said Mandola (150.00 acre) tract and for the |
|
Northeast corner of that certain (107.00 acre) tract of |
|
land as conveyed to Damian C. Mandola and wife, Trina C. |
|
Mandola by General Warranty Deed recorded in Volume |
|
2141 Page 753 of the Official Public Records of Hays |
|
County, Texas, and being an angle corner of this tract, |
|
and from which a 60D nail found on the Westerly side of a |
|
16" Cypress tree bears N 13 deg. 48' W 53.69 ft.; |
|
THENCE continuing through the interior of said Wilding (890.32 |
|
acres less 90.96 acres) tract with the approximate centerline of |
|
Onion Creek and with the East line of said Mandola (107.00 acre) |
|
tract, the following five (5) courses; |
|
1) S 41 deg. 08' 03" W 231.01 ft.; |
|
2) S 36 deg. 08' 40" W 248.29 ft.; |
|
3) S 32 deg. 53' 55" W 249.13 ft.; |
|
4) S 30 deg. 05' 08" W 241.12 ft.; |
|
5) S 18 deg. 56' 06" W 233.53 ft. to a point for the Southeast |
|
corner of said Mandola (107.00 acre) tract and for a |
|
Northeasterly corner of that certain (21.512 acre) |
|
tract of land as conveyed to Peter M. Schwab and |
|
Jeanette K. Thornton-Schwab by General Warranty Deed |
|
recorded in Volume 1828 Page 709 of the Official Public |
|
Records of Hays County, Texas, and being the Southeast |
|
corner of this tract, and from which an incised X mark |
|
found in the Westerly end of a concrete dam bears N 09 |
|
deg. 00' E 190.41 ft. (for reference); |
|
THENCE leaving the approximate centerline of Onion Creek with the |
|
common line of said Mandola (107.00 acre) tract and said Schwab |
|
(21.512 acre) tract, the following seven (7) courses; |
|
1) N 58 deg. 07' 33" W at 70.67 ft. passing a capped iron rod |
|
found (marked "McAngus") and continuing with the same |
|
bearing for a total distance of 728.64 ft. to a capped |
|
iron rod found (marked "McAngus"); |
|
2) N 24 deg. 01' 46" W 456.82 ft. to a capped iron rod found |
|
(marked "McAngus") and from which a 1/2" iron rod found |
|
for an angle corner in the Southwest line of said Schwab |
|
(21.512 acre) tract bears S 46 deg. 21' 25" W 33.18 ft.; |
|
3) N 56 deg. 29' 49" W 518.51 ft. to a capped iron rod found |
|
(marked "McAngus"); |
|
4) N 36 deg. 40' 03" W 507.04 ft. to a capped iron rod found |
|
(marked "McAngus"); |
|
5) S 56 deg. 30' 23" W 148.91 ft. to a capped iron rod found |
|
(marked "McAngus"); |
|
6) N 42 deg. 04' 50" W 1026.81 ft. to a capped iron rod found |
|
(marked "McAngus") on the top of a small earthen stock |
|
tank dam; |
|
7) N 84 deg. 13' 38" W 166.65 to a capped iron rod found |
|
(marked "Landesign") at a metal pipe corner post for a |
|
game-proof fence for the Southeast corner of that |
|
certain (9.455 acre) tract of land as conveyed to |
|
DuchMandola, Ltd. by General Warranty Deed recorded in |
|
Volume 3775 Page 877 of the Official Public Records of |
|
Hays County, Texas, and being a Southwesterly angle |
|
corner of this tract; |
|
THENCE entering the interior of said Mandola (107.00 acre) tract |
|
with the East line of said DuchMandola (9.455 acre) tract, the |
|
following two (2) courses; |
|
1) N 16 deg. 59' 17" E 432.02 ft. to a 1/2" iron rod found; |
|
2) S 53 deg. 46' 28" E 67.80 ft. to a capped iron rod found |
|
(marked "Landesign"); |
|
THENCE continuing through the interior of said Mandola (107.00 |
|
acre) tract and entering the interior of said Mandola (150.00 acre) |
|
tract, N 38 deg. 11' 23" E 284.33 ft. to a capped iron rod found |
|
(marked "Landesign") for an angle corner in the East line of that |
|
certain (6.620 acre) tract of land as conveyed to DuchMandola, Ltd. |
|
by said General Warranty Deed recorded in Volume 3775 Page 877 of |
|
the Official Public Records of Hays County, Texas, and being an |
|
angle corner of this tract; |
|
THENCE continuing through the interior of said Mandola (150.00 |
|
acre) tract, N 00 deg. 40' 32" W at 433.25 ft. passing a capped iron |
|
rod found (marked "Landesign") for the Northeast corner of said |
|
DuchMandola (6.620 acre) tract and continuing with the same bearing |
|
for a total distance of 819.70 ft. to a capped iron rod found |
|
(marked "Landesign") in the common line of said Mandola (150.00 |
|
acre) tract and said Mandola (117.51 acre) tract and being an angle |
|
corner of this tract; |
|
THENCE with the common line of said Mandola (150.00 acre) tract and |
|
said Mandola (117.51 acre) tract, the following two (2) courses; |
|
1) S 88 deg. 25' 14" W 642.66 ft. to a capped iron rod found |
|
(marked "McAngus"); |
|
2) S 50 deg. 02' 26" W 895.46 ft. to a capped iron rod found |
|
(marked "Landesign") for an angle corner of this tract, |
|
and from which a 1/2" iron rod found for an angle corner |
|
in the common line of said Mandola (150.00 acre) tract |
|
and said Mandola (117.51 acre) tract bears S 50 deg. 02' |
|
26" W 17.37 ft.; |
|
THENCE crossing the interiors of said Mandola (117.51 acre) tract |
|
and said Mandola (150.00 acre) tract, respectively, the following |
|
two (2) courses; |
|
1) 69 deg. 55' 31" W 590.01 ft. to a capped iron rod found |
|
(marked "Landesign"); |
|
2) S 75 deg. 45' 29" W 370.85 ft. to a point in the East |
|
right-of-way line of F.M. Highway No. 150 for the |
|
Northwest corner of said Mandola (150.00 acre) tract |
|
and for the Southwest corner of said Mandola (117.51 |
|
acre) tract and being the most Southwesterly corner of |
|
this tract, and from which a concrete monument found in |
|
the East right-of-way line of F.M. Highway No. 150 (at |
|
centerline HWY Station 438+31.0) bears S 20 deg. 32' 24" |
|
E 2810.55 ft., and also from which a 1/2" iron rod found |
|
bears N 75 deg. 45' 29" E 0.41 ft.; |
|
THENCE with the East right-of-way line of F.M. Highway No. 150 and |
|
with the West line of said Mandola (117.51 acre) tract, N 20 deg. |
|
32' 24" W 254.11 ft. to the PLACE OF BEGINNING, containing 323.59 |
|
acres 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. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7983, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7983.109 to read as follows: |
|
Sec. 7983.109. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect September 1, 2017. |