By: Campbell  S.B. No. 1167
         (In the Senate - Filed March 8, 2021; March 18, 2021, read
  first time and referred to Committee on Local Government;
  April 27, 2021, reported favorably by the following vote:  Yeas 8,
  Nays 0; April 27, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to boundaries of the Anthem Municipal Utility District;
  affecting the authority to issue bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 7979, Special District
  Local Laws Code, is amended by adding Section 7979.004 to read as
  follows:
         Sec. 7979.004.  DISTRICT TERRITORY.  (a) The district is
  composed of the territory described by Section 3 of the Act enacting
  this section.
         (b)  The boundaries and field notes contained in Section 3 of
  the Act enacting this section 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.
         SECTION 2.  Section 7979.101, Special District Local Laws
  Code, is amended by adding Subsection (d) to read as follows:
         (d)  Section 49.303(d), Water Code, does not apply to the
  district. The district may rely on a previously held election for
  the approval to issue bonds payable in whole or in part from taxes
  after the exclusion of territory described by the Act enacting this
  section.
         SECTION 3.  The Anthem Municipal Utility District includes
  all the territory contained in the following area:
  BEING 422.996 ACRES OF LAND LOCATED IN THE ANDREW DUNN LEAGUE,
  ABSTRACT NO. 4, THE JOHN COOPER SURVEY NO. 13, ABSTRACT NO. 100 AND
  THE JESSE DAY SURVEY, ABSTRACT 152 IN HAYS COUNTY, TEXAS AND BEING A
  PORTION OF THE SAME LAND CONVEYED TO MOUNTAIN CITY-150, L.P.,
  CALLED TRACT 1, A 599.25 ACRE TRACT AND TRACT 2 A CALLED 73.693 ACRE
  TRACT AS DESCRIBED IN VOLUME 5272, PAGE 475 AND A CALLED 857 SQUARE
  FOOT TRACT 3 AND A 0.308 ACRE TRACT 4 AS DESCRIBED IN VOLUME 5272,
  PAGE 490 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
  422.996 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
  AND BOUNDS AS FOLLOWS:
  BEGINNING at a 1/2-inch iron rod located on the northwesterly right
  of way line of RM 150, an 80 foot wide public right of way, for the
  southwest corner of said 73.693 acre Tract 2, same being the
  northwest corner of a called 17.95 acre tract described in a deed to
  Robert and Linda Rosebrock recorded in Volume 1126, Page 236 of the
  Hays County Deed Records;
  THENCE, with the northwest right of way line of said RM 150 the
  following courses and distances:
         (1)  N45°54'47"W, 312.73 feet with the westerly line of said
  73.693 acre tract to a Texas Department of Transportation Type 1
  Concrete Monument;
         (2)  N44°00'03"W, 1476.41 feet tract to a Texas Department of
  Transportation Type 1 Concrete Monument found at the beginning of a
  curve to the left;
         (3)  with the arc of said curve to the left, passing the most
  southerly southwest corner of said 599.25 acre tract, a found
  3/8-inch iron rod at an arc distance of 39.42 feet, passing the
  southerly corner of a 875 square foot and 0.308 acre tract described
  in a deed to Mountain City - 150, L.P. in Volume 5272, Page 490 and
  continuing for an arc distance of 568.29 feet, having a radius of
  1185.90 feet, a central angle of 27°27'23" and a chord bearing and
  distance of N57°43'45"W, 562.87 feet to a 1/2-inch iron rod with cap
  stamped "AST" set for corner on said northwesterly right of way
  line, same being on the southerly line of a called 581.00 acre tract
  described in a deed to M I W L S, LP and being a re-entrant corner
  and most westerly south corner of the herein described tract;
  THENCE, leaving the northwesterly right of way line of RM 150 and
  with the common line of said 581.00 acre tract and said 599.25 acre
  tract the following courses and distances:
         (1)  N88°36'39"E, 1422.09 feet to a 1/2-inch iron pipe found
  for an angle point in said line;
         (2)  N88°38'02"E, 25.14 feet to a Mag Nail in concrete for an
  interior ell corner of the herein described tract;
         (3)  N01°42'12"W, 2818.15 feet to a found 8-inch diameter
  Cedar Fence Post for an interior ell corner of the herein described
  tract;
         (4)  S87°57'12"W, 2442.13 feet to a found 8-inch diameter
  Cedar Fence Post for an exterior ell corner of the herein described
  tract, same being the southeast corner of said 752.05 acre tract;
  THENCE, with the westerly line of said 599.25 acre tract, same being
  the easterly line of said 752.05 acre tract the following courses
  and distances:
         (1)  N01°27'27"E, 1085.94 feet to a 1/2-inch iron rod with cap
  stamped "AST" found;
  THENCE, leaving said westerly line and crossing said 599.25 acre
  tract the following courses and distances;
         (2)  N42°57'57"E, 440.38 feet to a 1/2-inch iron rod with cap
  stamped "AST" found for corner;
         (3)  N20°52'40"E, 1067.39 feet to a 1/2-inch iron rod with cap
  stamped "AST" found for corner;
         (4)  N37°09'29"E, 492.15 feet to a 1/2-inch iron rod with cap
  stamped "AST" found for corner;
         (5)  S85°09'20"E, 319.53 feet to a 1/2-inch iron rod with cap
  stamped "AST" found for corner;
         (6)  N84°25'47"E, 294.59 feet to a 1/2-inch iron rod with cap
  stamped "AST" found for corner to the beginning of a curve to the
  left;
         (7)  with the arc of a non-tangent curve to the left, 511.24
  feet, having a radius of 871.82 feet, a central angle of 33°35'56"
  and a chord bearing and distance of N68°19'13"E, 503.95 feet to a
  1/2-inch iron rod with cap stamped "AST" found for corner and a
  point of compound curvature;
         (8)  with a compound curve to the left, 763.84 feet, having a
  radius of 1431.82 feet, a central angle of 30°33'56" and a chord
  bearing and distance of N32°21'48"E, 754.81 feet to a 1/2-inch iron
  rod with cap stamped "AST" found for corner;
         (9)  N08°59'58"E, 277.34 feet to a 1/2-inch iron rod with cap
  stamped "AST" found for corner;
         (10)  N09°56'17"E, 409.55 feet to a 1/2-inch iron rod with cap
  stamped "AST" found for corner;
         (11)  with the arc of a non-tangent curve to the left, 835.46
  feet, having a radius of 2082.16 feet, a central angle of 22°59'23"
  and a chord bearing and distance of N48°50'55"E, 829.87 feet to a
  1/2-inch iron rod with cap stamped "AST" found for corner;
         (12)  N37°50'06"E, 277.44 feet to a 1/2-inch iron rod with cap
  stamped "AST" found for corner;
         (13)  N45°32'16"E, 192.35 feet to a 1/2-inch iron rod with cap
  stamped "AST" found for corner on the southwesterly line of a called
  1974.77 acre tract described in a deed as Tract 6, and recorded in
  Volume 3533, Page 150 of said deed records and being on the
  northeasterly line of said 599.25 acre tract;
  THENCE, with said southwesterly line, same being the northeasterly
  line of said 599.25 acre tract, S47°09'20"E, 189.32 feet to a 5-inch
  diameter Cedar fence post found with 3 mag nails and shiner at the
  north corner of Tract 4, Indian Creek Ranch Subdivision as recorded
  in Volume 6, Page 59 of the Hays County Plat Records;
  THENCE, leaving the southwesterly line of said 1974.77 acre tract,
  and with easterly line of said 599.25 acre tract the following
  courses and distances
         (1)  With the westerly line of said Indian Creek Ranch Tract
  4, S06°08'47"W, 1374.75 feet to a 1/2-inch iron pipe found at the
  southwest corner of said tract 4, same being the northwest corner of
  Tract 2 of said Indian Creek Ranch and angle point in said easterly
  line;
         (2)  With the westerly line of said Tract 2, S06°09'17"W,
  3133.57 feet to a 6-inch diameter fence post at the southwest corner
  of said Tract 2 and an angle point in said easterly line;
         (3)  With the southerly line of said Tract 2, N89°16'58"E,
  1309.43 feet to a 1/2-inch iron pipe found at the southeast corner
  of said Tract 2, same being on the westerly line of Tract 1 of said
  Indian Creek Ranch and an angle point in said easterly line;
         (4)  With the westerly line of said Tract 1, S00°29'12"E,
  431.49 feet to a 1/2-inch iron pipe found for an angle point in said
  line;
         (5)  S29°40'46"W, 298.05 feet to a 1/2-inch iron pipe for
  angle point in said line;
         (6)  S34°36'44"W, 477.34 feet to an iron rod found with cap
  stamped RPLS 4542 at the southwest corner of said Tract 1, same
  being on the northerly line of a tract conveyed to the Hays
  Consolidated Independent School District (deed recital unkown);
         (7)  S87°30'03"W, 5.50 feet to an iron rod with cap stamped
  "McMillan" for the northwest corner of said School District Tract;
         (8)  S11°36'28"W, 614.17 feet to an iron rod with cap stamped
  "McMillan" for an angle point in said line;
         (9)  S10°09'51"W, 395.16 feet to an iron rod with cap stamped
  "McMillan" for an angle point in said line;
         (10)  S10°11'50"W, 101.83 feet to an iron rod with cap stamped
  "McMillan" for an angle point in said line;
         (11)  S10°09'55"W, 625.50 feet to an iron rod with cap stamped
  "McMillan" for an angle point in said line;
         (12)  S12°41'22"W, 447.62 feet to a Nail in a 6-inch fence
  corner post for an angle point in said line;
         (13)  S42°49'53"W, 93.56 feet to a 30-inch Live Oak tree for
  an angle point in said line;
         (14)  S00°59'19"W, 13.67 feet to an iron rod with cap stamped
  RPLS 4542 at the southwest corner of said School District tract and
  the southeast corner of said 599.25 acre tract and being a point on
  the northerly line of said 73.693 acre Tract 2;
  THENCE, with the northerly line of said 73.693 acre tract,
  N88°39'49"E, passing a 1/2-inch iron rod at 243.73 feet and
  continuing for a total distance of 325.41 feet to a 1/2-inch iron
  rod on the southerly line of said School District tract and being
  the northwest corner of Lot 6, Century Acres, a subdivision of
  record in Volume 6, Page 53 of the Hays County Plat Records;
  THENCE, with said easterly line of said 73.693 acre tract and with
  the westerly line of said Lot 6 and 7 of said Century Acres and the
  easterly line of said Lot 2B and 2C Resubdivision of Lot 2B of the
  Resubdivision of Lot 2 Century Acres of record in Document
  No. 17040812 of the Hays County Official Public Records,
  S13°28'59"E, 1658.91 feet to a 1/2-inch iron pipe found for the
  southeast corner of said 73.693 acre tract, same being the
  southwest corner of said Lot 2B and the common northerly corner of
  Lots 8 and 9 of Meadow Woods Section Two, a subdivision of record in
  Volume 3, Page 188 of said Plat Records, same being the northeast
  corner of said 17.95 acre tract;
  THENCE, with the northerly line of said 17.95 acre tract, same being
  the southerly line of said 599.25 acre tract, S88°38'38"W, passing
  an iron rod with cap stamped "McMillan" at 103.02 feet and
  continuing for a total distance of 1505.09 feet to the POINT OF
  BEGINNING and containing, 422.996 acres of land, more or less.
         SECTION 4.  The Anthem Municipal Utility District retains
  all the rights, powers, privileges, authority, duties, and
  functions that it had before the effective date of this Act.
         SECTION 5.  (a)  The legislature validates and confirms all
  governmental acts, elections, and proceedings of the Anthem
  Municipal Utility District that were taken before the effective
  date of this Act.
         (b)  This section does not apply to any matter that on the
  effective date of this Act:
               (1)  is involved in litigation if the litigation
  ultimately results in the matter being held invalid by a final court
  judgment; or
               (2)  has been held invalid by a final court judgment.
         SECTION 6.  (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 7.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
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