Bill Text: TX HB1440 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 154; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Enrolled - Dead) 2017-05-18 - Effective immediately [HB1440 Detail]

Download: Texas-2017-HB1440-Enrolled.html

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H.B. No. 1440

AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 154; 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 7974 to read as follows:
CHAPTER 7974. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 154
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7974.001. 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 Montgomery County Municipal
Utility District No. 154.
Sec. 7974.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7974.003. 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. 7974.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7974.003
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. 7974.005. 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.
Sec. 7974.006. 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. 7974.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7974.052, directors serve
staggered four-year terms.
Sec. 7974.052. 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 7974.003; 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 7974.003 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 7974.003; 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. 7974.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7974.102. 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. 7974.103. 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. 7974.104. 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. 7974.105. 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. 7974.106. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; 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
7974.003 to confirm the district's creation.
(f) An order dividing the district must:
(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 7974.003.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7974.004 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.
(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.
(k) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7974.151. 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 7974.153.
(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. 7974.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7974.151, 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. 7974.153. 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. 7974.201. 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. 7974.202. 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. 7974.203. 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 Montgomery County Municipal Utility District
No. 154 initially includes all the territory contained in the
following area:
TRACT 1
A METES AND BOUNDS description of a 279.07 acre tract of land
situated in the Edward Taylor Survey, Abstract Number 554,
Montgomery County, Texas; being all of a called 279.65 acre tract
conveyed to Mitchell Energy Corporation by Surface Deed and
Subsurface Easement dated January 1, 1995 and filed for record
under Clerk's File No. 9509774 of the Montgomery County Official
Public Records of Real Property; said 279.07 acres being more
particularly described as follows with all bearing based on the
Texas Coordinate System of 1983, Central Zone:
BEGINNING at a found 1/2-inch iron rod in the apparent west
right-of-way of Cripple Creek Drive North, for an angle corner in
the north line of Lot 1 of Galleria Oaks Estates as shown on a plat
filed for record in Cabinet B, Sheet 79 of the Montgomery County Map
Records and the southeast corner of said 279.65 acres, same being
the southeast corner of the herein described tract, from which a
found 1/2-inch iron rod bears North 77°23'58" East, 38.23 feet;
THENCE, South 86°25'45" West, along the north line of Lots 1-
7 of said Galleria Oaks Estates and the south line of said 279.65
acres, passing a found 1-inch iron pipe at 244.84 feet, a found axle
at 544.26 feet, 5.56 feet right, a found 8-inch by 8-inch concrete
monument at 544.89 feet, 4.90 feet right, and a found 1-inch iron
pipe at 1170.28 feet, continuing for a total distance of 1988.05
feet (called 1997.31) to a set 3/4-inch iron rod (with cap stamped
"JonesCarter Property Corner") in the northeast right-of-way of
the Union Pacific Railroad (formerly I & G.N. Railroad Company)
(width varies) filed for record under Volume 26, Page 351 of the
Montgomery County Deed Records, for the south corner of the herein
described tract, from which a found 8-inch by 8-inch concrete
monument bears South 86°25'45" West, 9.14 feet;
THENCE, along the northeast right-of-way of the said Union
Pacific Railroad and the southwest line of the herein described
tract the following five (5) courses and distances:
1. North 59°15'02" West, 1127.60 feet, departing the
north line of said Lot 7, to a set 3/4-inch iron rod (with cap
stamped "JonesCarter Property Corner");
2. North 30°44'58" East, 25.00 feet to a set 3/4-inch
iron rod (with cap stamped "JonesCarter Property Corner");
3. North 59°15'02" West, 600.00 feet to a set 3/4-inch
iron rod (with cap stamped "JonesCarter Property Corner");
4. South 30°44'58" West, 25.00 feet to a set 3/4-inch
iron rod (with cap stamped "JonesCarter Property Corner");
5. North 59°15'02" West, 1371.85 feet to a set 3/4-inch
iron rod (with cap stamped "JonesCarter Property Corner") in the
south line of a called 139.384 acre tract conveyed to Norma Helen
Schoessow by Special Warranty Deed dated October 23, 1995 and filed
for record under Clerk's File No. 9559657 of the Montgomery County
Official Public Records of Real Property, for the west corner of the
herein described tract, from which a found 8-inch by 8-inch
concrete monument bears South 87°11'00" East, 8.79 feet;
THENCE, North 87°11'00" East, 2105.63 feet (called 2114.59
feet), departing the northeast right-of-way of the said Union
Pacific Railroad, along the south line of said 139.384 acres, a
north line of said 279.65 acres, and a north line of the herein
described tract to a found 8-inch by 8-inch concrete monument, for
an angle corner for said 139.384 acres, said 279.65 acres, and the
herein described tract;
THENCE, North 32°44'24" East, along the southeast line of said
139.384 acres, the northwest line of said 279.65 acres, and the
northwest line of the herein described tract, passing a found
1/2-inch iron rod (bent) at 2037.03 feet, 4.74 feet right,
continuing for a total distance of 2056.48 feet to a found 1-inch
pinched top pipe, for an angle corner for said 139.384 acres, said
279.65 acres, and the herein described tract;
THENCE, North 02°29'44" West, 2678.96 feet (called 2681.84
feet) along the east line of said 139.384 acres, the west line of
said 279.65 acres, and the west line of the herein described tract
to a found 8-inch by 8-inch concrete monument in the south line of a
called 77.051 acre tract conveyed to Susan Halstead, Vincent S.
Halstead, Steven B. Schoessow, Clarice J. Fore, Curtis F.
Schoessow, Douglas P. Schoessow, Jana B. McNeil and Adrianne Leigh
Fore by Gift Deed dated October 10, 2014 and filed for record under
Clerk's File No. 2014100067 of the Montgomery County Official
Public Records of Real Property, for the northeast corner of said
139.384 acres and the northwest corner of said 279.65 acres, same
being the northwest corner of the herein described tract, from
which a found 1/2-inch iron pipe bears North 01°41'45" East, 0.61
feet;
THENCE, North 86°56'34" East, along the south line of said
77.051 acres, the north line of said 279.65 acres, and the north
line of the herein described tract, passing a found 1-inch pinched
top pipe at 298.14 feet, continuing along the north line of said
279.65 acres and the north line of the herein described tract for a
total distance of 715.80 feet to a set 3/4-inch iron rod (with cap
stamped "JonesCarter Property Corner") for an angle corner;
THENCE, North 86°38'34" East, 561.72 feet (called 561.50
feet), continuing along the north line of said 279.65 acres and the
north line of the herein described tract to a found 1/2-inch iron
pipe in the apparent east line of the Edward Taylor Survey, Abstract
Number 554 and the apparent west line of the Leander Wescott Survey,
Abstract Number 616, for the southeast corner of a called 10 acre
tract conveyed to Axe Em Investments, L.P. by Special Warranty Deed
dated October 1, 2003 and filed for record under Clerk's File
No. 2003-134286 of the Montgomery County Official Public Records of
Real Property and the northeast corner of said 279.65 acres, same
being the northeast corner of the herein described tract, from
which a found 1/2-inch iron rod bears North 03°18'03" West, 941.08
feet;
THENCE, South 02°35'38" East, along the apparent east line of
the Edward Taylor Survey, Abstract Number 554, the apparent west
line of the Leander Wescott Survey, Abstract Number 616, the east
line of said 279.65 acres and the east line of the herein described
tract, passing a found 1/2-inch iron pipe at a distance of 2090.96
feet, 12.71 feet right, a found 5/8-inch iron rod at a distance of
2094.87 feet, 12.74 feet right and a found 3/4-inch iron rod (with
cap stamped "JonesCarter Property Corner") (previously set for
survey of adjoining acreage) at a distance of 2107.96 feet,
continuing along apparent east line of the Edward Taylor Survey,
Abstract Number 554, the apparent west line of the Robin George
Survey, Abstract Number 470, the apparent west line of the Leander
Wescott Survey, Abstract Number 615, the west line of Block 4 of
Cripple Creek Farms North Section Three (an unrecorded
subdivision), the east line of said 279.65 acres and the east line
of the herein described tract, same being the common line of a
Boundary Agreement dated August 11, 1958 filed for record in Volume
458, Page 386 of the Montgomery County Deed Records, passing a found
1/2-inch iron pipe at a distance of 2978.61 feet, 4.46 feet right, a
found 1/2-inch iron pipe at a distance of 3178.70 feet, 4.50 feet
right, a found 5/8-inch iron rod at a distance of 3408.76 feet, 4.96
feet right, a found 1/2-inch iron pipe at a distance of 3638.37
feet, 5.76 feet right, a found 1/2-inch iron pipe at a distance of
3846.97 feet, 5.42 feet right, a found 1/2-inch iron pipe at a
distance of 4046.44 feet, 4.77 feet right, a found 3/4-inch iron rod
at a distance of 4246.56 feet, 4.32 feet right, a found 1/2-inch
iron pipe at a distance of 4446.96 feet, 5.22 feet right, a found
1/2-inch iron pipe at a distance of 4646.61 feet, 6.40 feet right, a
found 5/8-inch iron rod at a distance of 4845.95 feet, 6.30 feet
right, a found 1/2-inch iron pipe at a distance of 5044.96 feet,
6.79 feet right, a found 1/2-inch iron pipe at a distance of 5644.64
feet, 6.54 feet right, a found 1/4-inch iron pipe at a distance of
5665.25 feet, 7.16 feet right, a found 5/8-inch iron rod at a
distance of 5665.30 feet, 6.86 feet right, continuing for a total
distance of 6047.81 feet (called 6051.88 feet) to the POINT OF
BEGINNING, CONTAINING 279.07 acres of land in Montgomery County,
Texas, as shown on drawing number 9629-A.
TRACT 2
A METES AND BOUNDS description of a 842.23 acre tract of land
situated in the Charles Frazier Survey, Abstract Number 206, the
Andrew J. Hensley Survey, Abstract Number 255, the Azariah Prather
Survey, Abstract Number 427 and the Leander Wescott Survey,
Abstract Number 616, Montgomery County, Texas; being out of and a
part of a called 881.183 acre tract (Tract 1) conveyed to Mitchell
Energy Corporation by Special Warranty Deed dated July 31, 1997 and
filed for record under Clerk's File No. 9746155 of the Montgomery
County Official Public Records of Real Property; said 842.23 acres
being more particularly described as follows with all bearings
based on the Texas Coordinate System of 1983, Central Zone:
BEGINNING at a found 3-inch iron pipe for the north corner
Greentree Forest Estates (an Unrecorded Subdivision), same being an
interior corner of the herein described tract;
THENCE, South 42°47'48" West, along the northwest line of said
Greentree Forest Estates and a southeast line of said 881.183
acres, passing a found 5/8-inch iron rod at 256.52 feet, a found
1/2-inch iron rod at 374.49 feet, 0.17 feet left, a found 5/8-inch
iron rod at 847.40 feet, a found 5/8-inch iron rod at 965.59 feet,
0.38 feet right, a found 1/2-inch iron rod at 1202.01 feet, a found
1/2-inch iron rod at 1442.52 feet, 1.05 feet right, a found 5/8-inch
iron rod at 1686.50 feet and a found 1/2-inch iron rod at 1921.45
feet, continuing for a total distance of 2155.95 feet (called
2155.95 feet) to a set 3/4-inch iron rod (with cap stamped
"JonesCarter Property Corner") in the northeast line of called
4.615 acre tract, known as Tract 17, Block 4 of Cripple Creek Farms
North Section Three (an unrecorded subdivision), conveyed to Larry
Dan McQuerry and wife, Mary Margaret McQuerry by General Warranty
Deed dated April 2, 1980 and filed for record under Clerk's File
No. 8011618 of the Montgomery County Official Public Records of
Real Property, for a southwest corner of the herein described
tract, from which a found 1/2-inch iron rod bears South 47°45'18"
East, 171.07 feet;
THENCE, North 47°25'32" West, 433.31 feet (called 1246.42
feet), departing the northwest line of said Greentree Forest
Estates, along the northeast line of said 4.615 acres and a
southwest line of said 881.183 acres to a set 3/4-inch iron rod
(with cap stamped "JonesCarter Property Corner") in the east line
of a called 279.65 acre tract conveyed to Mitchell Energy
Corporation by Surface Deed and Subsurface Easement dated January
1, 1995 and file for record under Clerk's File No. 9509774 of the
Montgomery County Official Public Records of Real Property, same
being the apparent east line of the Edward Taylor Survey, Abstract
Number 554 and the apparent west line of the Leander Wescott Survey,
Abstract Number 616, from which found 3-1/2" iron pipe bears North
47°25'32" West, 812.94 feet, and a found 1/2-inch iron rod bears
South 02°35'38" East, 3939.85 feet;
THENCE, North 02°35'38" West, departing the northeast line of
said 4.615 acres, along the east line of said 279.65 acres, the
apparent east line of the Edward Taylor Survey, Abstract Number 554
and the apparent west line of the Leander Wescott Survey, Abstract
Number 616, passing a 5/8-inch iron rod at 13.09 feet, 12.74 feet
left and a found 1/2-inch iron pipe at 17.01 feet, 12.71 feet left,
continuing for a total distance of 2107.96 feet to a found 1/2-inch
iron pipe for the southeast corner of a called 10 acre tract
conveyed to Axe Em Investments, L.P. by Special Warranty Deed dated
October 1, 2003 and filed for record under Clerk's File
No. 2003-134286 of the Montgomery County Official Public Records of
Real Property, the northeast corner of said 279.65 acres and an
angle point in the west line of the herein described tract, from
which a found 3/4-inch iron rod (with cap stamped "JonesCarter
Property Corner") bears South 86°38'34" West, 561.72 feet;
THENCE, North 03°18'03" West, continuing along the apparent
east line of the Edward Taylor Survey, Abstract Number 554, the
apparent west line of the Leander Wescott Survey, Abstract Number
616, and the east line of said 10 acres, passing a 1/2-inch iron rod
at 220.99 feet, continuing along the east line of said 10 acres, the
east line of a called 5 acre tract and another called 10 acre tract
(hereinafter referred to as "northern 10 acres"), both conveyed to
Axe Em Investments, L.P. by Special Warranty Deed dated October 1,
2003 and filed for record under Clerk's File No. 2003-134286 of the
Montgomery County Official Public Records of Real Property for a
total distance of 941.08 feet to a found 1/2-inch iron rod in the
north line of said 881.183 acres for an angle point in the south
line of a called 757.02 acre tract ("Tract III") conveyed to 1488
Corp. by Special Warranty Deed dated December 29, 2015 and filed for
record under Clerk's File No. 2016002467 of the Montgomery County
Official Public Records of Real Property, same being the northwest
corner of the herein described tract, from which a found axle bears
North 48°48'43" West, 728.19 feet and a found 3/4-inch pinched top
pipe bears North 03°04'57" West, 1286.89 feet;
THENCE, departing the east line of said northern 10 acres,
the apparent east line of the Edward Taylor Survey, Abstract Number
554 and the apparent west line of the Leander Wescott Survey,
Abstract Number 616, along the south line of said 757.02 acres and
the north line of said 881.183 acres the following six (6) courses
and distances:
1. South 48°52'00" East, 593.66 feet (called 1321.86
feet) to a found 3-inch iron pipe for an angle point;
2. North 42°00'28" East, 807.36 feet (called 807.98
feet) to a found 3-inch iron pipe;
3. North 43°20'46" East, 781.14 feet (called 779.36
feet) to a found 3/4-inch iron pipe;
4. North 41°41'25" East, 1538.43 feet (called 1540.14
feet) to a found 3-inch iron pipe;
5. North 42°24'04" East, 777.81 feet (called 778.99
feet) to a found 1/2-inch iron rod;
6. North 42°15'57" East, 706.71 feet (called 710.25
feet) to a point in the centerline of Mill Creek, for the west
corner of a called 6.11186 acre tract, known as Tract 12 of Wildwood
Estates (an unrecorded subdivision), conveyed to John M. Burdick
and wife, Sandra A. Burdick by Warranty Deed dated October 14, 1991
and file for record under Clerk's File No. 9148107 of the
Montgomery County Official Public Records of Real Property, same
being the north corner of said 881.183 acres and the herein
described tract, from which a found 1-inch iron pipe bears North
42°15'57" East, 1881.50 feet;
THENCE, departing the south line of said 757.02 acres, along
the centerline meanders of said Mill Creek, same being the east line
of said 881.183 acres, the following two-hundred and forty-six
(246) courses and distances:
1. South 12°18'18" East, 20.94 feet to a point;
2. South 22°23'59" East, 74.66 feet to a point;
3. South 42°53'52" West, 46.44 feet to a point;
4. South 36°58'56" West, 46.01 feet to a point;
5. South 09°52'55" East, 37.33 feet to a point;
6. North 87°56'29" East, 80.12 feet to a point;
7. South 45°12'31" East, 17.10 feet to a point;
8. South 10°52'22" East, 26.87 feet to a point;
9. South 02°05'39" East, 26.13 feet to a point;
10. South 12°44'29" East, 19.29 feet to a point;
11. South 04°45'43" West, 43.16 feet to a point;
12. South 35°59'36" East, 36.12 feet to a point;
13. South 09°16'25" West, 32.54 feet to a point;
14. South 12°40'55" West, 171.14 feet to a point;
15. South 06°14'53" East, 70.78 feet to a point;
16. South 41°23'52" East, 61.54 feet to a point;
17. South 14°42'38" East, 130.27 feet to a point;
18. South 23°55'53" East, 126.21 feet to a point;
19. South 10°03'51" East, 50.67 feet to a point;
20. South 36°50'20" East, 107.39 feet to a point;
21. South 10°43'38" East, 60.21 feet to a point;
22. South 21°14'15" West, 153.28 feet to a point;
23. South 22°33'14" West, 58.07 feet to a point;
24. South 05°35'01" West, 20.25 feet to a point;
25. South 61°22'44" East, 38.41 feet to a point;
26. South 69°02'33" East, 58.99 feet to a point;
27. South 12°12'50" East, 124.16 feet to a point;
28. South 32°31'48" East, 44.10 feet to a point;
29. South 57°36'47" East, 61.05 feet to a point;
30. South 53°27'39" East, 56.94 feet to a point;
31. South 33°14'19" East, 97.80 feet to a point;
32. South 21°00'11" East, 47.88 feet to a point;
33. South 00°14'08" West, 9.48 feet to a point;
34. South 35°38'34" West, 15.42 feet to a point;
35. South 05°09'49" West, 35.23 feet to a point;
36. South 41°24'16" East, 29.71 feet to a point;
37. South 59°26'29" East, 22.32 feet to a point;
38. South 69°02'33" East, 324.70 feet to a point;
39. South 85°20'52" East, 48.71 feet to a point;
40. North 78°12'44" East, 26.46 feet to a point;
41. North 42°26'02" East, 37.26 feet to a point;
42. North 09°57'57" East, 21.44 feet to a point;
43. North 71°11'45" West, 44.32 feet to a point;
44. North 43°20'43" West, 8.72 feet to a point;
45. North 01°04'41" West, 22.38 feet to a point;
46. North 21°27'17" East, 14.55 feet to a point;
47. North 35°12'16" East, 57.34 feet to a point;
48. South 40°49'24" East, 26.21 feet to a point;
49. South 26°33'49" East, 19.14 feet to a point;
50. South 78°44'47" East, 39.61 feet to a point;
51. South 42°37'50" East, 117.76 feet to a point;
52. South 63°31'02" East, 54.42 feet to a point;
53. North 86°22'35" East, 14.48 feet to a point;
54. South 83°23'38" East, 50.81 feet to a point;
55. South 41°53'26" East, 37.41 feet to a point;
56. South 10°42'29" East, 156.83 feet to a point;
57. South 50°37'37" East, 26.55 feet to a point;
58. South 35°05'48" East, 74.85 feet to a point;
59. South 34°45'59" East, 50.28 feet to a point;
60. South 63°14'51" East, 163.53 feet to a point;
61. South 87°53'24" East, 20.12 feet to a point;
62. North 48°15'22" East, 95.09 feet to a point;
63. South 57°40'49" East, 12.18 feet to a point;
64. South 55°52'46" East, 39.03 feet to a point;
65. South 30°38'19" East, 13.33 feet to a point;
66. South 17°12'36" East, 20.13 feet to a point;
67. South 54°53'29" East, 145.28 feet to a point;
68. South 66°39'02" East, 56.87 feet to a point;
69. South 75°44'05" East, 87.52 feet to a point;
70. South 58°53'21" East, 90.35 feet to a point;
71. North 88°28'59" East, 42.27 feet to a point;
72. South 56°16'37" East, 181.99 feet to a point;
73. South 40°53'21" East, 125.58 feet to a point;
74. South 31°26'40" West, 50.99 feet to a point;
75. South 28°10'18" West, 24.21 feet to a point;
76. South 77°29'22" East, 19.73 feet to a point;
77. South 50°09'42" East, 96.47 feet to a point;
78. South 56°32'41" East, 38.23 feet to a point;
79. South 54°49'44" East, 31.98 feet to a point;
80. North 77°40'42" East, 30.26 feet to a point;
81. North 80°05'57" East, 64.03 feet to a point;
82. South 66°03'01" East, 290.35 feet to a point;
83. South 63°25'23" East, 170.62 feet to a point;
84. South 62°41'27" East, 181.12 feet to a point;
85. South 49°53'40" East, 59.94 feet to a point;
86. South 39°07'27" East, 46.28 feet to a point;
87. South 05°14'20" West, 92.52 feet to a point;
88. South 63°37'44" West, 38.32 feet to a point;
89. South 46°52'08" West, 17.69 feet to a point;
90. South 30°30'24" West, 32.48 feet to a point;
91. South 52°08'30" West, 30.87 feet to a point;
92. North 88°59'43" West, 56.63 feet to a point;
93. South 40°10'42" West, 137.98 feet to a point;
94. South 17°29'36" West, 77.42 feet to a point;
95. South 00°37'28" East, 30.27 feet to a point;
96. South 83°36'36" East, 64.24 feet to a point;
97. South 86°39'20" East, 105.45 feet to a point;
98. South 46°06'16" East, 176.19 feet to a point;
99. South 56°22'42" East, 61.38 feet to a point;
100. South 53°51'41" East, 64.61 feet to a point;
101. North 46°16'54" East, 19.60 feet to a point;
102. North 42°53'51" East, 33.81 feet to a point;
103. North 81°54'47" East, 105.65 feet to a point;
104. South 78°49'30" East, 53.59 feet to a point;
105. South 39°53'14" East, 18.21 feet to a point;
106. South 27°02'07" East, 57.44 feet to a point;
107. South 40°36'08" East, 83.23 feet to a point;
108. South 36°14'03" East, 104.79 feet to a point;
109. South 21°55'33" West, 120.32 feet to a point;
110. South 45°28'18" West, 24.82 feet to a point;
111. North 87°16'18" West, 60.19 feet to a point;
112. South 04°03'57" West, 40.49 feet to a point;
113. South 19°30'55" West, 113.56 feet to a point;
114. South 17°09'33" West, 26.63 feet to a point;
115. South 06°32'51" West, 52.58 feet to a point;
116. South 48°03'00" East, 198.07 feet to a point;
117. South 78°07'22" East, 39.83 feet to a point;
118. South 45°15'38" East, 108.53 feet to a point;
119. South 15°27'32" East, 74.05 feet to a point;
120. South 29°42'12" East, 187.05 feet to a point;
121. South 10°51'23" East, 98.64 feet to a point;
122. South 13°57'22" West, 16.81 feet to a point;
123. South 05°41'13" East, 152.49 feet to a point;
124. South 04°31'17" East, 117.06 feet to a point;
125. South 04°48'51" West, 67.94 feet to a point;
126. South 20°51'03" West, 86.27 feet to a point;
127. South 48°35'35" West, 63.11 feet to a point;
128. South 48°58'11" West, 27.31 feet to a point;
129. South 41°19'59" West, 147.94 feet to a point;
130. South 16°43'24" West, 51.25 feet to a point;
131. South 38°48'25" West, 129.88 feet to a point;
132. South 48°43'18" West, 33.26 feet to a point;
133. South 49°33'27" West, 63.28 feet to a point;
134. South 34°02'23" West, 138.93 feet to a point;
135. South 43°19'50" West, 77.02 feet to a point;
136. South 21°42'27" East, 21.32 feet to a point;
137. South 19°31'50" East, 69.55 feet to a point;
138. South 10°43'23" East, 164.23 feet to a point;
139. South 50°46'56" East, 96.05 feet to a point;
140. South 38°12'17" East, 124.95 feet to a point;
141. South 14°25'39" East, 40.20 feet to a point;
142. South 04°53'50" East, 123.95 feet to a point;
143. South 32°39'47" East, 115.61 feet to a point;
144. South 15°59'49" East, 145.05 feet to a point;
145. South 44°34'59" East, 144.65 feet to a point;
146. South 62°03'10" East, 95.40 feet to a point;
147. South 79°38'44" East, 72.91 feet to a point;
148. South 10°24'52" East, 229.66 feet to a point;
149. North 68°22'11" West, 80.47 feet to a point;
150. South 07°25'05" East, 48.42 feet to a point;
151. South 02°41'47" West, 198.27 feet to a point;
152. South 43°12'25" West, 88.27 feet to a point;
153. South 51°53'13" West, 53.80 feet to a point;
154. South 46°45'22" East, 42.20 feet to a point;
155. South 61°43'29" East, 161.36 feet to a point;
156. South 28°19'40" East, 101.12 feet to a point;
157. South 32°48'06" East, 144.76 feet to a point;
158. South 50°37'24" East, 51.47 feet to a point;
159. South 28°01'42" East, 126.58 feet to a point;
160. South 38°57'45" East, 107.31 feet to a point;
161. South 50°24'34" East, 71.71 feet to a point;
162. South 09°29'22" East, 212.34 feet to a point;
163. South 00°20'59" West, 132.90 feet to a point;
164. South 19°40'54" East, 86.34 feet to a point;
165. South 14°58'26" West, 140.70 feet to a point;
166. South 10°08'09" West, 74.76 feet to a point;
167. South 53°21'21" West, 115.04 feet to a point;
168. South 27°54'49" West, 62.71 feet to a point;
169. South 34°48'30" East, 61.40 feet to a point;
170. South 66°20'22" East, 141.85 feet to a point;
171. South 72°53'56" East, 64.16 feet to a point;
172. South 80°40'10" East, 93.92 feet to a point;
173. North 88°21'42" East, 215.53 feet to a point;
174. North 72°22'13" East, 72.02 feet to a point;
175. North 30°33'22" East, 51.13 feet to a point;
176. North 53°06'11" East, 67.65 feet to a point;
177. South 89°23'41" East, 60.02 feet to a point;
178. North 69°42'48" East, 89.16 feet to a point;
179. North 84°21'21" East, 28.12 feet to a point;
180. South 65°03'29" East, 63.15 feet to a point;
181. South 24°31'20" East, 153.15 feet to a point;
182. South 79°55'10" East, 74.23 feet to a point;
183. South 30°19'44" East, 69.41 feet to a point;
184. South 26°36'17" West, 67.33 feet to a point;
185. South 51°53'55" East, 28.30 feet to a point;
186. South 48°09'02" East, 20.98 feet to a point;
187. South 69°54'32" East, 42.71 feet to a point;
188. South 49°35'02" East, 114.15 feet to a point;
189. South 61°51'29" East, 70.82 feet to a point;
190. North 56°45'53" East, 81.24 feet to a point;
191. North 10°22'42" West, 27.52 feet to a point;
192. North 44°20'07" West, 46.76 feet to a point;
193. North 14°23'02" West, 40.60 feet to a point;
194. North 81°26'55" East, 88.16 feet to a point;
195. South 81°27'52" East, 225.26 feet to a point;
196. North 50°13'30" East, 52.21 feet to a point;
197. South 83°42'53" East, 38.65 feet to a point;
198. South 53°20'17" East, 54.33 feet to a point;
199. South 34°41'44" East, 78.36 feet to a point;
200. South 04°59'36" West, 17.83 feet to a point;
201. South 75°56'24" West, 26.48 feet to a point;
202. North 80°06'10" West, 22.44 feet to a point;
203. South 15°30'22" West, 102.03 feet to a point;
204. South 77°49'42" West, 77.55 feet to a point;
205. South 05°43'31" West, 17.16 feet to a point;
206. South 36°38'48" East, 52.50 feet to a point;
207. South 22°17'18" West, 18.42 feet to a point;
208. South 46°04'19" West, 106.13 feet to a point;
209. South 00°20'40" East, 46.25 feet to a point;
210. North 86°03'23" East, 65.78 feet to a point;
211. South 88°15'33" East, 59.39 feet to a point;
212. South 72°52'21" East, 84.16 feet to a point;
213. South 22°30'03" East, 31.04 feet to a point;
214. South 07°37'19" West, 34.13 feet to a point;
215. South 13°51'28" East, 32.68 feet to a point;
216. South 42°01'46" East, 82.75 feet to a point;
217. South 32°57'14" East, 31.07 feet to a point;
218. South 26°42'20" West, 36.83 feet to a point;
219. South 51°10'47" West, 104.44 feet to a point;
220. South 78°09'38" West, 133.44 feet to a point;
221. North 65°18'54" West, 40.51 feet to a point;
222. North 20°57'04" West, 19.22 feet to a point;
223. North 20°58'16" East, 21.54 feet to a point;
224. North 31°10'24" West, 21.19 feet to a point;
225. South 86°54'36" West, 98.56 feet to a point;
226. South 62°17'52" West, 61.48 feet to a point;
227. South 10°48'36" West, 14.13 feet to a point;
228. South 68°28'09" West, 146.02 feet to a point;
229. South 66°50'57" West, 13.98 feet to a point;
230. South 54°14'31" West, 9.13 feet to a point;
231. South 28°53'35" West, 47.36 feet to a point;
232. South 14°53'51" East, 38.67 feet to a point;
233. South 33°16'15" West, 110.49 feet to a point;
234. South 25°51'57" West, 87.36 feet to a point;
235. South 24°40'48" West, 168.46 feet to a point;
236. South 18°07'49" West, 119.57 feet to a point;
237. South 07°55'38" West, 73.03 feet to a point;
238. South 30°22'38" East, 68.89 feet to a point;
239. South 08°41'13" West, 43.89 feet to a point;
240. South 20°25'31" West, 64.73 feet to a point;
241. South 06°48'07" West, 63.29 feet to a point;
242. South 07°37'07" West, 39.79 feet to a point;
243. South 28°55'17" West, 36.09 feet to a point;
244. South 66°13'24" West, 56.17 feet to a point;
245. South 43°02'27" West, 59.63 feet to a point;
246. South 13°44'31" West, 6.84 feet to a point in the
northeast line of Mill Creek Forest as shown on a plat filed for
record in Volume 5, Page 491 of the Montgomery County Deed Records
for the most southerly corner of said 881.183 acres and the herein
described tract;
THENCE, North 46°43'05" West, departing the centerline
meanders of said Mill Creek, along the northeast line of said Mill
Creek Forest, and the southwest line of said 881.183 acres, passing
a found 1/2-inch iron rod (with cap stamped "Reinke 3971") at 61.41
feet, continuing for a total distance of 397.79 feet (called
414.06) to a found 1/2-inch iron rod (with cap stamped "Geomatics
Inc.") for the north corner of said Mill Creek Forest, and an
interior corner of said 881.183 acres and the herein described
tract;
THENCE, South 43°03'45" West, along the northwest line of said
Mill Creek Forest and a southeast line of said 881.183 acres,
passing a found 3/4-inch iron pipe at 104.79 feet, 0.97 feet right,
continuing for a total distance of 198.18 feet (called 192.78 feet)
to a set 3/4-inch iron rod (with cap stamped "JonesCarter Property
Corner") for the east corner of Lot 14, Block 44 of Hazy Hollow East
Estates Section 7 (an unrecorded subdivision) conveyed to Malcom
James Johnson by Warranty Deed dated April 5, 1991 and filed for
record under Clerk's File No. 9230908 of the Montgomery County
Official Public Records of Real Property, a south corner of said
881.183 acres and the herein described tract;
THENCE, departing the northwest line of said Mill Creek
Forest along the southwest line of said 881.183 acres and the herein
described tract the following seven (7) courses and distances:
1. North 47°15'15" West, along the northeast line said
Hazy Hollow East Estates Section 7, passing a found 3/8-inch iron
rod at 1321.03 feet, 1.17 feet left, passing a found 1/2-inch iron
rod at 1429.95 feet, 1.21 feet left, continuing for a total distance
of 1755.51 feet to an angle point, from which a found 1/2-inch iron
rod bears North 21°27'43" West 4.22 feet;
2. North 47°29'30" West, along the northeast line of
said Hazy Hollow East Estates Section 7 and the northeast line of
Hazy Hollow East Estates Section 4 (an unrecorded subdivision),
passing a found 3/8-inch iron rod at 393.30 feet, 1.24 feet right,
continuing for a total distance of 711.72 feet to a point;
3. North 47°20'39" West, along the northeast line of
Hazy Hollow East Estates Section 10 (an unrecorded subdivision),
passing a found 3/8-inch iron rod at 126.64 feet, 2.16 feet right,
passing a found 3/8-inch iron rod at 375.33 feet, 1.09 feet right,
passing a found 3/8-inch iron rod at 499.77 feet, 0.63 feet right,
continuing for a total distance of 527.41 feet to a point;
4. North 47°17'20" West, along the northeast line of
said Hazy Hollow East Estates Section 10, passing a found 5/8-inch
iron rod at 96.90 feet, 0.38 feet right, a found 1/2-inch iron rod
(bent) at 289.53 feet, a found 3/8-inch iron rod at 422.16 feet,
0.24 feet right, a found 1/2-inch iron rod at 554.92 feet, a found
5/8-inch iron rod at 687.54 feet, a found 3/8-inch iron rod at
1116.06 feet, 0.31 feet left, a found 3/8-inch iron rod at 1239.11
feet, 0.41 feet left, a found 3/8-inch iron rod at 1484.87 feet,
0.98 feet left, a found 3/8-inch iron rod at 1608.04 feet, 1.32 feet
left, a found 3/8-inch iron rod at 1731.04 feet, 1.21 feet left, a
found 3/8-inch iron rod at 1854.08 feet, 0.55 feet left, a found
5/8-inch square iron bar at 1977.47 feet, 0.11 feet right, a found
5/8-inch square iron bar at 2037.11 feet, 0.36 feet right, a found
3/8-inch iron rod at 2159.55 feet, 1.03 feet right, a found 1/2-inch
iron rod (with cap stamped "C&C Surveying") at 2282.80 feet, 0.18
feet right, a found 1/2-inch iron rod (with cap stamped "C&C
Surveying") at 2405.70 feet, and a found 3/8-inch iron rod at
2897.75 feet, 0.13 feet right, continuing for a total distance of
3015.29 feet to a point;
5. North 47°22'30" West, along the northeast line of
Hazy Hollow East Estates Section 11 (an unrecorded subdivision),
passing a found 3/8-inch iron rod at 5.37 feet, 2.20 feet left, a
found 3/8-inch iron rod at 128.11 feet, 3.14 feet left, a found
3/8-inch iron rod at 251.00 feet, 3.59 feet left, a found 3/8-inch
iron rod at 373.97 feet, 3.79 feet left, a found 3/8-inch iron rod
at 496.74 feet, 3.70 feet left, a found 3/8-inch iron rod at 619.44
feet, 3.76 feet left, a found 3/8-inch iron rod at 743.26 feet,
1.81 feet left, and a found 3/8-inch iron rod at 988.51 feet, 0.13
feet left, continuing for a total distance of 1784.65 feet to a
found 1/2-inch iron rod for the north corner of said Hazy Hollow
East Estates Section 11 and the east corner of Greentree Forest
Estates (an unrecorded subdivision);
6. North 47°01'59" West, along the northeast line of
said Greentree Forest Estates, passing a found 1/2-inch iron rod at
354.40 feet, passing a found 5/8-inch iron rod at 414.22 feet,
continuing for a total distance of 498.04 feet to a found 3-1/2-inch
iron pipe;
7. North 47°36'37" West, 270.64 feet (called 270.76
feet) to the POINT OF BEGINNING, CONTAINING 842.23 acres of land in
Montgomery County, Texas, as shown on drawing number 9630-A.
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
7974, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7974.107 to read as follows:
Sec. 7974.107. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1440 was passed by the House on April
20, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1440 was passed by the Senate on May
4, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor