| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of the Orchard Municipal Utility District |
|
|
No. 2; 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 8079A to read as follows: |
|
|
CHAPTER 8079A. ORCHARD MUNICIPAL UTILITY DISTRICT NO. 2 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8079A.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 Orchard Municipal Utility |
|
|
District No. 2. |
|
|
Sec. 8079A.0102. NATURE OF DISTRICT. The district is a |
|
|
municipal utility district created under Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
Sec. 8079A.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. 8079A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
|
temporary directors may not hold an election under Section |
|
|
8079A.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. 8079A.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. 8079A.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. 8079A.0201. GOVERNING BODY; TERMS. (a) The district |
|
|
is governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 8079A.0202, directors |
|
|
serve staggered four-year terms. |
|
|
Sec. 8079A.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 8079A.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 8079A.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 8079A.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. 8079A.0301. GENERAL POWERS AND DUTIES. The district |
|
|
has the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 8079A.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. 8079A.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. 8079A.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. 8079A.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. |
|
|
Sec. 8079A.0306. DIVISION OF DISTRICT. (a) The district |
|
|
may be divided into two or more new districts only if the district: |
|
|
(1) has never issued any bonds; and |
|
|
(2) 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 |
|
|
8079A.0103 to confirm the district's creation. |
|
|
(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 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) A new district created by the division of the district |
|
|
shall hold a confirmation and directors' election as required by |
|
|
Section 8079A.0103. |
|
|
(i) If the creation of the new district is confirmed, the |
|
|
new district shall provide the election date and results to the |
|
|
commission. |
|
|
(j) A 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. |
|
|
(k) Municipal consent to the creation of the district and to |
|
|
the inclusion of land in the district granted under Section |
|
|
8079A.0104 acts as municipal consent to the creation of any new |
|
|
district created by the division of the district and to the |
|
|
inclusion of land in the new district. |
|
|
(l) An order dividing a district may create one or more new |
|
|
districts and may provide for the continuation of the district. |
|
|
(m) The district may rely on a confirmation, directors', |
|
|
bond, or tax election held before the division. |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8079A.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 |
|
|
8079A.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. 8079A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 8079A.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. 8079A.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. 8079A.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. 8079A.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. 8079A.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. Orchard Municipal Utility District No. 2 |
|
|
initially includes all the territory contained in the following |
|
|
area: |
|
|
Being a 2,717.3 acre tract of land located in the Nancy |
|
|
Spencer Survey, Abstract No. 88, Fort Bend County, Texas; said |
|
|
2,717.3 acre tract being a portion of a called 3,719.849 acre tract |
|
|
of land (Tract 11) recorded in Clerk's File (C.F.) No. 9632563 of |
|
|
the Official Public Records of Fort Bend County (O.P.R.F.B.C.) said |
|
|
2,717.3 acre tract being more particularly described as follows |
|
|
(all bearings are referenced to the Texas Coordinate System, North |
|
|
American Datum 1983 (NAD 83), South Central Zone): |
|
|
Commencing at the southwest corner of said 3,719.849 acre |
|
|
tract, the southeast corner of a called 191.415 acre tract of land |
|
|
recorded in the name of J.F.D. Moore Estate Heirs Partnership, LTD. |
|
|
in Volume 2729, Page 2237 of the Deed Records of Fort Bend County |
|
|
(D.R.F.B.C.) and being on the northeasterly right-of-way line of |
|
|
the G. C. & S.F. Railroad (formerly B.B.B. & C. Railroad) (100 feet |
|
|
wide); |
|
|
Thence, with the westerly line of said 3,719.849 acre tract, |
|
|
the easterly line of said 191.415 acre tract, and the easterly line |
|
|
of a called 640 acre tract of land recorded in the name of J.F.D. |
|
|
Moore Estate Heirs Partnership, Ltd. in said Volume 2729, Page 2237 |
|
|
of the O.P.R.F.B.C., North 02 degrees 49 minutes 03 seconds West, a |
|
|
distance of 2,329.33 feet to the Point of Beginning of the herein |
|
|
described tract; |
|
|
1. Thence, with the westerly line of said 3,719.849 acre |
|
|
tract, the easterly line of said 640 acre tract, and the easterly |
|
|
line of a called 2,155 acre tract of land recorded in the name of |
|
|
J.F.D. Moore Estate Heirs Partnership, Ltd. in said Volume 2729, |
|
|
Page 2237 of the O.P.R.F.B.C., North 02 degrees 49 minutes 03 |
|
|
seconds West, at a distance of 4,247.95 feet pass a concrete |
|
|
monument found at the northeast corner of said 640 acre tract and |
|
|
the southeast corner of said 2,155 acre tract, continuing a total a |
|
|
distance of 18,850.37 feet; |
|
|
Thence, continuing with the westerly line of said 3,719.849 |
|
|
acre tract and the easterly line of said 2,155 acre tract, the |
|
|
following three (3) courses: |
|
|
1. North 03 degrees 02 minutes 24 seconds West, a distance |
|
|
of 2,781.00 feet; |
|
|
2. North 03 degrees 06 minutes 21 seconds West, a distance |
|
|
of 932.80 feet; |
|
|
3. North 02 degrees 49 minutes 21 seconds West, a distance |
|
|
of 1,502.80 feet to the westerly high bank of the Brazos River; |
|
|
Thence, generally with said westerly high bank of the Brazos |
|
|
River, the following eleven (11) courses: |
|
|
4. South 72 degrees 44 minutes 02 seconds East, a distance |
|
|
of 14.76 feet; |
|
|
5. South 78 degrees 41 minutes 04 seconds East, a distance |
|
|
of 417.66 feet; |
|
|
6. South 75 degrees 00 minutes 02 seconds East, a distance |
|
|
of 229.22 feet; |
|
|
7. South 70 degrees 02 minutes 45 seconds East, a distance |
|
|
of 180.03 feet; |
|
|
8. South 67 degrees 00 minutes 16 seconds East, a distance |
|
|
of 165.02 feet; |
|
|
9. South 61 degrees 35 minutes 51 seconds East, a distance |
|
|
of 207.59 feet; |
|
|
10. South 63 degrees 19 minutes 42 seconds East, a distance |
|
|
of 248.21 feet; |
|
|
11. South 56 degrees 54 minutes 06 seconds East, a distance |
|
|
of 204.89 feet; |
|
|
12. South 44 degrees 17 minutes 52 seconds East, a distance |
|
|
of 257.06 feet; |
|
|
13. South 26 degrees 27 minutes 30 seconds East, a distance |
|
|
of 215.03 feet; |
|
|
14. South 32 degrees 02 minutes 31 seconds East, a distance |
|
|
of 22.36 feet; |
|
|
15. Thence, across aforesaid 3,719.849 acre tract, 4,373.78 |
|
|
feet along the arc of a curve to the left, said curve having a |
|
|
central angle of 94 degrees 55 minutes 26 seconds, a radius of |
|
|
2,640.00 feet and a chord that bears South 00 degrees 36 minutes 58 |
|
|
seconds East, a distance of 3,890.45 feet; |
|
|
16. Thence, continuing across said 3,719.849 acre tract, |
|
|
4,150.57 feet along the arc of a curve to the left, said curve |
|
|
having a central angle of 90 degrees 04 minutes 47 seconds, a radius |
|
|
of 2,640.00 feet and a chord that bears South 44 degrees 24 minutes |
|
|
01 seconds East, a distance of 3,736.12 feet to aforesaid westerly |
|
|
high bank of the Brazos River; |
|
|
Thence, generally with said westerly high bank of the Brazos |
|
|
River, the following eighty (80) courses: |
|
|
17. South 34 degrees 28 minutes 13 seconds East, a distance |
|
|
of 433.92 feet; |
|
|
18. South 41 degrees 29 minutes 22 seconds East, a distance |
|
|
of 354.45 feet; |
|
|
19. South 59 degrees 43 minutes 40 seconds East, a distance |
|
|
of 178.25 feet; |
|
|
20. South 64 degrees 55 minutes 25 seconds East, a distance |
|
|
of 217.46 feet; |
|
|
21. South 45 degrees 36 minutes 07 seconds East, a distance |
|
|
of 156.54 feet; |
|
|
22. South 61 degrees 02 minutes 24 seconds East, a distance |
|
|
of 290.45 feet; |
|
|
23. South 62 degrees 55 minutes 23 seconds East, a distance |
|
|
of 220.95 feet; |
|
|
24. South 51 degrees 38 minutes 39 seconds East, a distance |
|
|
of 205.63 feet; |
|
|
25. South 50 degrees 33 minutes 15 seconds East, a distance |
|
|
of 241.04 feet; |
|
|
26. South 64 degrees 47 minutes 04 seconds East, a distance |
|
|
of 180.54 feet; |
|
|
27. South 47 degrees 48 minutes 24 seconds East, a distance |
|
|
of 192.00 feet; |
|
|
28. South 37 degrees 06 minutes 08 seconds East, a distance |
|
|
of 227.18 feet; |
|
|
29. South 36 degrees 59 minutes 46 seconds East, a distance |
|
|
of 159.52 feet; |
|
|
30. South 43 degrees 31 minutes 03 seconds East, a distance |
|
|
of 503.94 feet; |
|
|
31. South 40 degrees 03 minutes 12 seconds East, a distance |
|
|
of 672.25 feet; |
|
|
32. South 33 degrees 07 minutes 00 seconds East, a distance |
|
|
of 172.05 feet; |
|
|
33. South 35 degrees 00 minutes 51 seconds East, a distance |
|
|
of 236.49 feet; |
|
|
34. South 40 degrees 01 minutes 43 seconds East, a distance |
|
|
of 214.33 feet; |
|
|
35. South 32 degrees 15 minutes 15 seconds East, a distance |
|
|
of 219.68 feet; |
|
|
36. South 26 degrees 38 minutes 11 seconds East, a distance |
|
|
of 222.66 feet; |
|
|
37. South 31 degrees 11 minutes 43 seconds East, a distance |
|
|
of 242.07 feet; |
|
|
38. South 29 degrees 50 minutes 26 seconds East, a distance |
|
|
of 263.79 feet; |
|
|
39. South 12 degrees 47 minutes 53 seconds East, a distance |
|
|
of 200.25 feet; |
|
|
40. South 20 degrees 55 minutes 56 seconds East, a distance |
|
|
of 300.61 feet; |
|
|
41. South 20 degrees 01 minutes 43 seconds East, a distance |
|
|
of 209.00 feet; |
|
|
42. South 12 degrees 26 minutes 57 seconds East, a distance |
|
|
of 254.24 feet; |
|
|
43. South 08 degrees 08 minutes 54 seconds East, a distance |
|
|
of 202.50 feet; |
|
|
44. South 03 degrees 28 minutes 48 seconds East, a distance |
|
|
of 146.68 feet; |
|
|
45. South 00 degrees 08 minutes 48 seconds East, a distance |
|
|
of 268.65 feet; |
|
|
46. South 08 degrees 27 minutes 15 seconds West, a distance |
|
|
of 223.96 feet; |
|
|
47. South 13 degrees 58 minutes 09 seconds West, a distance |
|
|
of 181.17 feet; |
|
|
48. South 25 degrees 23 minutes 14 seconds West, a distance |
|
|
of 155.08 feet; |
|
|
49. South 35 degrees 06 minutes 01 seconds West, a distance |
|
|
of 590.15 feet; |
|
|
50. South 31 degrees 39 minutes 21 seconds West, a distance |
|
|
of 175.38 feet; |
|
|
51. South 28 degrees 17 minutes 22 seconds West, a distance |
|
|
of 237.30 feet; |
|
|
52. South 37 degrees 20 minutes 10 seconds West, a distance |
|
|
of 237.30 feet; |
|
|
53. South 38 degrees 08 minutes 03 seconds West, a distance |
|
|
of 225.32 feet; |
|
|
54. South 35 degrees 15 minutes 38 seconds West, a distance |
|
|
of 248.60 feet; |
|
|
55. South 35 degrees 51 minutes 07 seconds West, a distance |
|
|
of 309.84 feet; |
|
|
56. South 23 degrees 27 minutes 15 seconds West, a distance |
|
|
of 320.51 feet; |
|
|
57. South 13 degrees 04 minutes 47 seconds East, a distance |
|
|
of 261.27 feet; |
|
|
58. South 25 degrees 58 minutes 32 seconds West, a distance |
|
|
of 91.14 feet; |
|
|
59. South 04 degrees 23 minutes 14 seconds West, a distance |
|
|
of 138.87 feet; |
|
|
60. South 04 degrees 29 minutes 37 seconds West, a distance |
|
|
of 127.72 feet; |
|
|
61. South 17 degrees 35 minutes 25 seconds East, a distance |
|
|
of 89.22 feet; |
|
|
62. South 21 degrees 29 minutes 39 seconds East, a distance |
|
|
of 246.80 feet; |
|
|
63. South 29 degrees 42 minutes 34 seconds East, a distance |
|
|
of 301.29 feet; |
|
|
64. South 08 degrees 28 minutes 17 seconds East, a distance |
|
|
of 128.18 feet; |
|
|
65. South 20 degrees 05 minutes 47 seconds East, a distance |
|
|
of 206.11 feet; |
|
|
66. South 30 degrees 59 minutes 24 seconds East, a distance |
|
|
of 377.55 feet; |
|
|
67. South 29 degrees 33 minutes 11 seconds East, a distance |
|
|
of 275.71 feet; |
|
|
68. South 30 degrees 19 minutes 21 seconds East, a distance |
|
|
of 254.07 feet; |
|
|
69. South 33 degrees 15 minutes 30 seconds East, a distance |
|
|
of 219.30 feet; |
|
|
70. South 19 degrees 03 minutes 31 seconds East, a distance |
|
|
of 171.86 feet; |
|
|
71. South 23 degrees 26 minutes 15 seconds East, a distance |
|
|
of 272.19 feet; |
|
|
72. South 12 degrees 44 minutes 43 seconds East, a distance |
|
|
of 240.72 feet; |
|
|
73. South 09 degrees 23 minutes 30 seconds East, a distance |
|
|
of 186.65 feet; |
|
|
74. South 01 degrees 54 minutes 46 seconds East, a distance |
|
|
of 227.10 feet; |
|
|
75. South 02 degrees 07 minutes 28 seconds East, a distance |
|
|
of 126.95 feet; |
|
|
76. South 02 degrees 18 minutes 17 seconds West, a distance |
|
|
of 214.97 feet; |
|
|
77. South 03 degrees 32 minutes 30 seconds West, a distance |
|
|
of 166.10 feet; |
|
|
78. South 06 degrees 43 minutes 00 seconds West, a distance |
|
|
of 227.41 feet; |
|
|
79. South 02 degrees 44 minutes 35 seconds West, a distance |
|
|
of 227.16 feet; |
|
|
80. South 11 degrees 11 minutes 12 seconds West, a distance |
|
|
of 78.67 feet; |
|
|
81. South 05 degrees 39 minutes 02 seconds West, a distance |
|
|
of 321.46 feet; |
|
|
82. South 05 degrees 41 minutes 54 seconds East, a distance |
|
|
of 227.87 feet; |
|
|
83. South 14 degrees 53 minutes 08 seconds West, a distance |
|
|
of 319.90 feet; |
|
|
84. South 07 degrees 34 minutes 26 seconds West, a distance |
|
|
of 174.93 feet; |
|
|
85. South 08 degrees 13 minutes 38 seconds West, a distance |
|
|
of 212.27 feet; |
|
|
86. South 03 degrees 31 minutes 38 seconds West, a distance |
|
|
of 211.05 feet; |
|
|
87. South 04 degrees 57 minutes 34 seconds West, a distance |
|
|
of 190.45 feet; |
|
|
88. South 13 degrees 55 minutes 15 seconds West, a distance |
|
|
of 187.57 feet; |
|
|
89. South 02 degrees 38 minutes 58 seconds West, a distance |
|
|
of 111.89 feet; |
|
|
90. South 04 degrees 24 minutes 56 seconds East, a distance |
|
|
of 188.93 feet; |
|
|
91. South 06 degrees 34 minutes 35 seconds East, a distance |
|
|
of 211.19 feet; |
|
|
92. South 29 degrees 48 minutes 08 seconds East, a distance |
|
|
of 152.26 feet; |
|
|
93. South 36 degrees 12 minutes 51 seconds East, a distance |
|
|
of 223.21 feet; |
|
|
94. South 44 degrees 17 minutes 23 seconds East, a distance |
|
|
of 255.63 feet; |
|
|
95. South 50 degrees 13 minutes 52 seconds East, a distance |
|
|
of 260.97 feet; |
|
|
96. South 49 degrees 01 minutes 22 seconds East, a distance |
|
|
of 40.16 feet; |
|
|
Thence, across aforesaid 3,719.849 acre tract, the following |
|
|
three (3) courses: |
|
|
97. North 76 degrees 00 minutes 11 seconds West, a distance |
|
|
of 2,189.13 feet; |
|
|
98. North 73 degrees 24 minutes 35 seconds West, a distance |
|
|
of 140.77 feet; |
|
|
99. 5,835.67 feet along the arc of a curve to the left, said |
|
|
curve having a central angle of 63 degrees 19 minutes 32 seconds, a |
|
|
radius of 5,280.00 feet and a chord that bears South 76 degrees 18 |
|
|
minutes 17 seconds West, a distance of 5,543.15 feet to the Point of |
|
|
Beginning and containing 2,717.3 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 |
|
|
8079A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 8079A.0307 to read as |
|
|
follows: |
|
|
Sec. 8079A.0307. 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. |