Bill Text: TX HB3861 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to the creation of the Midland County Utility District; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-05-20 - Recommendations filed with the Speaker [HB3861 Detail]

Download: Texas-2011-HB3861-Engrossed.html

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By: Craddick H.B. No. 3861

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Midland County Utility District;
providing authority to impose a tax and issue bonds; granting a
limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9016 to read as follows:
CHAPTER 9016. MIDLAND COUNTY UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9016.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "County" means Midland County.
(4) "Director" means a board member.
(5) "District" means the Midland County Utility
District.
(6) "Municipality" means a municipality in whose
corporate limits or extraterritorial jurisdiction any part of the
district is located.
Sec. 9016.002. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9016.003. 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. 9016.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 9016.003
until each municipality has consented by ordinance or resolution to
the creation of the district and to the inclusion of land in the
district.
Sec. 9016.005. 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 a
water control and improvement district as provided by general law
and Section 59, Article XVI, Texas Constitution.
Sec. 9016.006. 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.
[Sections 9016.007-9016.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9016.051. GOVERNING BODY; TERMS. (a) Except as
provided by Subsection (c), the district is governed by a board of
five elected directors.
(b) Except as provided by Section 9016.052, directors serve
staggered four-year terms.
(c) If the municipality annexes any part of the territory of
the district, the municipality shall appoint one ex officio member
to the board to serve as a sixth director.
Sec. 9016.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Shelton Viney;
(2) Susie Hitchcock-Hall;
(3) Alan Lang;
(4) David Orr; and
(5) Israel Rodriguez.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9016.003; or
(2) September 1, 2015.
(c) If permanent directors have not been elected under
Section 9016.003 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 9016.003; 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.
Sec. 9016.053. NOTICE OF MEETINGS. The district shall
provide the municipality with written notice before a meeting of
the board.
[Sections 9016.054-9016.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9016.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9016.102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 9016.103. 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 42.042, Local Government Code, and Section 9016.004 and
that consents to the creation of the district or to the inclusion of
land in the district.
Sec. 9016.104. COMPLIANCE WITH MUNICIPAL REGULATIONS. (a)
Any water, sanitary sewer, drainage, or other infrastructure or
public facilities constructed, acquired, improved, maintained, or
operated by the district shall comply with any applicable
regulations of the municipality in whose corporate limits or
extraterritorial jurisdiction the infrastructure or facilities are
located.
(b) Any water system constructed, acquired, improved,
maintained, or operated by the district shall:
(1) comply with any applicable regulations of the
municipality regarding specifications for rural density; and
(2) contain distribution lines that are:
(A) four inches or more in diameter; and
(B) sufficient to provide fire hydrant service
according to the municipality's specifications for rural density.
Sec. 9016.105. COUNTY RIGHT-OF-WAY. The district must
obtain the approval of the county's governing body of the plans and
specifications of any facilities to be installed on property
located in a county right-of-way.
Sec. 9016.106. LIABILITY. (a) Neither the county nor the
municipality is liable for any claims arising from the operation of
the district's water system or other actions or inactions of the
district, including labor, safety, or signage, or contamination or
other environmental issues.
(b) Any action taken by the municipality is a governmental
function.
Sec. 9016.107. COSTS OF LINE RELOCATION. (a) The district
is solely responsible for the expense associated with the
relocation of any district water line required by:
(1) the county or a municipality; or
(2) a state or federal highway authority, including
the Texas Department of Transportation and the Federal Highway
Administration.
(b) The district will not unreasonably delay any requested
line relocation.
Sec. 9016.108. SERVICES TO BE PROVIDED BY THE DISTRICT,
COUNTY, OR MUNICIPALITY. (a) The district may enter into an
interlocal contract with the county or municipality to provide
governmental functions, including fire protection, trash
collection and disposal, and ambulance service.
(b) Notwithstanding Subsection (a), the municipality is
authorized to provide sewer and drainage service in the district.
The municipality shall establish the amount of the fees to be
charged to recipients of sewer and drainage service under this
subsection.
(c) Notwithstanding Subsection (a), the district may not
provide any services within the territorial limits of the
municipality as those limits exist on September 1, 2011.
Sec. 9016.109. ANNEXATION BY MUNICIPALITY. (a) The
municipality may annex a part of the territory of the district
without annexing the entire territory of the district.
(b) If the municipality annexes all or part of the district:
(1) the annexed territory is not removed from the
district; and
(2) the district is not:
(A) dissolved; or
(B) prevented from providing district services
to the annexed territory.
(c) If any territory inside the district is annexed, the
owner of the property shall pay the same rate of ad valorem tax to
the municipality as other residents of the municipality.
(d) By annexing territory in the district, the municipality
does not assume any debt of the district.
(e) The district may not contest an annexation by the
municipality.
Sec. 9016.110. WATER SERVICE DEADLINE. The district must
begin operation of a water system serving at least a part of the
district not later than the sixth anniversary of the date that
district voters approve the issuance of bonds to provide for the
development of the water system.
Sec. 9016.111. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain:
(1) outside the district to acquire a site or easement
for a recreational facility as defined by Section 49.462, Water
Code; or
(2) in the corporate limits of the municipality as
those limits exist on September 1, 2011.
Sec. 9016.112. PROHIBITION ON DIVISION OF DISTRICT. The
district may not divide into two or more districts.
[Sections 9016.113-9016.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9016.151. 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 9016.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, 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. 9016.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9016.151, 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. 9016.153. 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.
[Sections 9016.154-9016.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9016.201. 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. 9016.202. 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 Section 51.433, Water Code.
Sec. 9016.203. LIMITATION ON TAX RATE. Notwithstanding any
other provision of this chapter, the projected combined operation,
maintenance, and debt service tax rates as of the date of the
issuance of any bonds, as described by the commission in a
commission order approving the issuance of the bonds, may not
exceed 65 cents for each $100 of assessed valuation of property in
the district.
Sec. 9016.204. BONDS AND OTHER OBLIGATIONS NOT TO BE PAID BY
MUNICIPALITY OR COUNTY. Bonds or other obligations of the
district:
(1) may not be paid wholly or partly by taxes imposed
by the county or the municipality;
(2) are not debts of the county or municipality; and
(3) do not give rise to a claim against the county or
municipality.
SECTION 2. The Midland County Utility District initially
includes all the territory contained in the following area:
54,050 Acres of Land
Located in Various Sections and Blocks,
T&P RR Co. Survey, Midland County, Texas.
Boundary Being More Fully Described By Metes and Bounds As Follows:
BEGINNING at (Y= 10,677,038' and X= 1,736,917') a point in the west
line of Section 7, Block 39, T2S and a southerly line of Midland
city limits and being the most westerly northwest corner of this
tract;
THENCE S 14°19' E, a distance of 2685 feet to the southwest corner of
said Section 7 and being an ell corner of this tract;
THENCE N 75°10' E with the south right-of-way line of West County
Road 120, a distance of 7031 feet to a point in the north line of
Section 17 this block for a point of deflection of this tract;
THENCE S 64°46' E, a distance of 4725 feet to a point in the east line
of said Section 17 and in the west right-of-way line of South County
Road 1210 also being a point of deflection of this tract;
THENCE S 14°23' E with the west right-of-way line of said South
County Road 1210, a distance of 6340 feet to a point in the north
right-of-way line of West County Road 138 and being an ell corner of
this tract;
THENCE S 75°41' W with the north right-of-way line of said West
County Road 138, a distance of 3340 feet to a point in the west
right-of-way line of South County Road 1216 and being an ell corner
of this tract;
THENCE S 14°52' E with the west right-of-way line of said South
County Road 1216, a distance of 1272 feet to a point in the north
right-of-way line of West County Road 140 and being an ell corner of
this tract;
THENCE S 75°29' W with the north right-of-way line of said West
County Road 140, a distance of 1974 feet to a point near the
northwest corner of Section 29, Block 39, T2S and being an ell
corner of this tract;
THENCE S 14°16' E, a distance of 26,411 feet to a point near the
southwest corner of Section 6, Block 39, T3S and being the most
southerly southwest corner of this tract;
THENCE N 75°59' E, a distance of 15,901 feet to a point in the east
right-of-way line of State Highway 349 and being the most southerly
southeast corner of this tract;
THENCE N 14°08' W with the east right-of-way line of said State
Highway 349, a distance of 18,548 feet to a point near the southwest
corner of Condor Aviation Co. Inc. tract and being an ell corner of
this tract;
THENCE N 75°17' E, a distance of 5227 feet to a point in the east line
of Section 35, Block 39, T2S and being an ell corner of this tract;
THENCE N 14°23' W, a distance of 1604 feet to a point for an ell
corner of this tract;
THENCE N 76°20' E, a distance of 5414 feet to a point in the east
right-of-way line of Farm to Market Road 715 and being an ell corner
of this tract;
THENCE N 14°21' W with the east right-of-way line of said Farm to
Market Road 715, a distance of 664 feet to a point for an ell corner
of this tract;
THENCE N 75°23' E, a distance of 2628 feet to a point in the west half
of Section 24, Block 38, T2S and being an ell corner of this tract;
THENCE S 14°03' E, a distance of 8251 feet to a point for an ell
corner of this tract;
THENCE N 76°09' E, a distance of 2658 feet to a point in the east
right-of-way line of South County Road 1160 and being an ell corner
of this tract;
N 14°22' W with the east right-of-way line of said South County Road
1160, a distance of 3359 feet to a point in the south right-of-way
line of East County Road 160 and being an ell corner of this tract;
THENCE N 75°38' E with the south right-of-way line of said East
County Road 160, a distance of 10,581 feet to a point near the
southeast corner of Section 22, Block 38, T2S and being an ell
corner of this tract;
THENCE N 14°07' W with the east line of said Section 22, a distance
of 5353 feet to a point near the northeast corner of said Section 22
and being an ell corner of this tract;
THENCE N 75°40' E, a distance of 1381 feet to a point near the
southeast corner of George V. Anderson Jr. tract and the southwest
corner of Donna Johnson tract also being an ell corner of this
tract;
THENCE N 14°03' W with the west line of said Donna Johnson tract and
the east line of said George V. Anderson Jr. tract, a distance of
1926 feet to a point near the northwest corner of said Donna Johnson
tract and being an ell corner of this tract;
THENCE N 75°43' E, a distance of 1355 feet to a point in the east
right-of-way line of South County Road 1136 and being an ell corner
this tract;
THENCE N 13°52' W with the east right-of-way line of said South
County Road 1136, a distance of 8663 feet to a point in the
southwesterly right-of-way of State Highway 158 and the south
right-of-way line of East County Road 130 also being an ell corner
of this tract;
THENCE N 75°27' E with the south right-of-way line of said East
County Road 130, a distance of 3996 feet to a point for an ell corner
of this tract;
THENCE N 13°57' W, a distance of 5272 feet to a point in the south
right-of-way line of East County Road 120 and being an ell corner of
this tract;
THENCE N 75°41' E with the south right-of-way line of said East
County road 120, a distance of 14,750 feet to a point for an ell
corner of this tract;
THENCE N 14°17' W, a distance of 5276 feet to a point near the
northwest corner of Section 51, Block 37, T2S and being an ell
corner of this tract;
THENCE N 74°54' E, a distance of 10,567 feet to a point in the east
right-of-way line of Farm to Market Road 1379 and being the most
easterly southeast corner of this tract;
THENCE N 13°59' W with the east right-of-way line of said Farm to
Market Road 1379, a distance of 3955 feet to a point of deflection
of this tract;
THENCE N 14°17' W, a distance of 20,565 feet to a point in the
southeasterly right-of-way of Interstate Highway 20 and being the
most easterly northeast corner of this tract;
THENCE S 59°40' W with the southeasterly right-of-way of said
Interstate Highway 20, a distance of 22,345 feet to a point in the
projection of North County Road 1120 and being a point of deflection
of this tract;
THENCE N 14°09' W, a distance of 8118 feet to a point near the
northeast Section 26, Block 38, T1S and being an ell corner of this
tract;
THENCE S 75°33' W with the north line of said Section 26, a distance
of 2741 feet to a point for an ell corner of this tract;
THENCE N 13°46' W, a distance of 3300 feet to a point for an ell
corner of this tract;
THENCE S 75°45' W, a distance of 2696 feet to a point in the west line
of Section 23 and the east line of Section 22, Block 38, T1S and
being an ell corner of this tract;
THENCE S 14°37' E with the west line of said Section 23 and the east
line of said Section 22, a distance of 668 feet to a point for an ell
corner of this tract;
THENCE S 75°34' W, a distance of 7949 feet to a point near the middle
of Section 21, Block 38, T1S and being an ell corner of this tract;
THENCE N 14°18' W, a distance of 2716 feet to a point in the north
line of said Section 21 and being an ell corner of this tract;
THENCE S 75°23' W, a distance of 4294 feet to a point in the north
line of Section 20, Block 38, TIS and being a point of deflection of
this tract;
THENCE S 66°10' W, a distance of 3034 feet to a point in an easterly
line of the Midland city limits and being the most northerly
northwest corner of this tract;
THENCE S 14°33' E with said city limits, a distance of 5372 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°36' W with said city limits, a distance of 2511 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°34' E with said city limits, a distance of 180 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°36' W with said city limits, a distance of 835 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°34' E with said city limits, a distance of 3832 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 75°36' E with said city limits, a distance of 2208 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°34' W with said city limits, a distance of 1204 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 75°36' E with said city limits, a distance of 1138 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 15°14' E with said city limits, a distance of 645 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE N 75°36' E with said city limits, a distance of 4603 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°35' E with said city limits, a distance of 5122 feet to
an ell comer of said city limits and being an ell corner of this
tract;
THENCE N 75°37' E with said city limits, a distance of 659 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°36' E with said city limits, a distance of 2879 feet to a
point in the northwesterly right-of-way line of Business Interstate
Highway 20 (US Highway 80) and the most easterly southeast corner of
said city limits also being a point of deflection of this tract;
THENCE N 59°41' E with the northwesterly right-of-way line of said
Business Interstate Highway 20, a distance of 4829 feet to a point
near the northwest corner of Section 40, Block 38, T1S and being a
point of deflection of this tract;
THENCE S 14°24' E, a distance of 7260 feet to a point in the east line
of Section 45, Block 38, T1S and being 1000 feet southerly of the
southeasterly right-of-way line of Interstate Highway 20 and being
a point of deflection of this tract;
THENCE S 45°05' W 1000 feet southerly and parallel to the
southeasterly right-of-way line of said Interstate Highway 20, a
distance of 6527 feet to a point in the north line of Section 5,
Block 38, T2S and in the south right-of-way line of Farm to Market
Road 307 also being a point of deflection of this tract;
THENCE N 76°37' E with the south right-of-way line of said Farm to
Market Road 307, a distance of 2882 feet to a point near the
northeast corner of a 320 acre City of Midland tract in Section 4,
Block 38, T2S and being an ell corner of this tract;
THENCE S14°25' E with the east line of said 320 acre tract, a
distance of 5252 feet to a point in the south line of said Section 4
and the north line of Section 9, Block 38, T2S and being an ell
corner of this tract;
THENCE N 75°36' E with the north line of said Section 9, a distance
of 2768 feet to a point near the northeast corner of said Section 9
and in the west right-of-way South County Road 1140 also being an
ell corner of this tract;
THENCE S 14°36' E with the west right-of-way line of said South
County Road 1140, a distance of 5313 feet to a point in the north
right-of-way line of East County Road 120 and being an ell corner of
this tract;
THENCE S 75°56' W with the north right-of-way line of said East
County Road 120, a distance of 5150 to a point in the northeasterly
right-of-way line of State Highway 158 and being a point of
deflection of this tract;
THENCE N 70°55' W with the northeasterly right-of-way line of said
State Highway 158, a distance of 4453 to a point near the most
southerly southwest corner of a 365.58 acre City of Midland tract as
described in Volume 2308, Page 3, Official Public Records of
Midland County and the southeast corner of Ralph H White tract also
being a point of deflection of this tract;
THENCE N 15°31' W with the east line of said Ralph H White tract and a
west line of said City of Midland Tract, a distance of 732 feet to a
point near the northeast corner of said Ralph H White tract and
being a point of deflection of this tract;
THENCE N 70°36' W with the north line of said Ralph H White tract, a
distance of 171 feet to a point near the northwest corner of said
Ralph H White tract and in the east line of a 1.00 acre City of
Midland tract as described in Volume 2308, Page 3, Official Public
Records of Midland County and being a point of deflection of this
tract;
THENCE S 15°31' E with the west line of said Ralph H White tract and
the east line of said 1.00 acre City of Midland tract, a distance of
733 feet to a point in the northeasterly right of-way line of said
State Highway 158 and being a point of deflection of this tract;
THENCE N 70°55' W with the south line of said 1.00 acre City of
Midland tract and the northeasterly right-of-way line of said State
Highway 158, a distance of 415 feet to the southwest corner of said
1.00 acre City of Midland tract and being a point of deflection of
this tract;
THENCE N 15°31' W with the west line of said 1.00 acre City of
Midland tract, a distance of 1252 feet to the northwest corner of
said 1.00 acre City of Midland and being a point of deflection of
said 365.58 acre City of Midland tract also being a point of
deflection of this tract;
THENCE S 75°57' W with a south line of said 365.58 acre City of
Midland tract, a distance of 1419 feet to a point in the west line of
Section 8, Block 38, T2S and being an ell corner of this tract;
THENCE N 14'10' W with the west line of said Section 8, a distance of
1274 feet to a point near the northwest corner of said Section 8 and
being an ell corner of this tract;
THENCE N 75°49' E with the north line of said Section 8, a distance
of 36 feet to a point near the southeast corner of Section 6, Block
38, T2S and being an ell corner of this tract;
THENCE N 14'12' W with the east line of said Section 6, a distance of
2124 feet to a point 1000 feet southerly of the southeasterly
right-of-way line of said Interstate Highway 20 and being a point of
deflection of this tract;
THENCE S 44°40' W southerly and parallel to the southeasterly
right-of-way line of said Interstate Highway 20, a distance of 3968
feet to a point in the Midland city limits and being a point of
deflection of this tract;
THENCE S 14°09' E with said city limits, a distance of 611 feet to
the most southerly southeast corner of said city limits and being an
ell corner of this tract;
THENCE S 75°32' W with the south line of said city limits, a distance
of 10,595 feet to an ell corner of said city limits and being an ell
corner of this tract;
THENCE S 14°23' E with the said city limits, a distance of 750 feet
to an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°29' W with said city limits, a distance of 677 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°32' E with said city limits, a distance of 781 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°24' W with said city limits, a distance of 1675 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°23' W with said city limits, a distance of 1041 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°29' W with said city limits, a distance of 1000 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°23' W said city limits, a distance of 500 feet to an ell
corner of said city limits and being an ell corner of this tract;
THENCE S 75°37' W with said city limits, a distance of 3137 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 14°18' E with said city limits, a distance of 570 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°42' W with said city limits, a distance of 1660 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°18' W with said city limits, a distance of 567 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°37' W with said city limits, a distance of 3390 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 15°02' E with said city limits, a distance of 709 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 74°54' W with said city limits, a distance of 1040 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE S 15°03' E with said city limits, a distance of 90 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°34' W with said city limits, a distance of 1064 feet to
an ell corner of said city limits and being an ell corner of this
tract;
THENCE N 14°40' W with said city limits, a distance of 817 feet to an
ell corner of said city limits and being an ell corner of this
tract;
THENCE S 75°44' W with said city limits, a distance of 559 feet to a
point of curvature of said city limits and this tract;
THENCE around a curve to the left in a southwesterly direction and
with said city limits, said curve having a radius length of 10,509
feet, a delta angle of 16°04', an arc length of 2947 feet and a chord
length of 2937 feet bearing S 67°42" W to a point of tangency of said
city limits and this tract;
THENCE S 59°40' W with said city limits, a distance of 6362 feet to
the Point of Beginning, containing approximately 54,050 acres of
land, more or less.
Bearings, distances and coordinates are relative to the Texas
Coordinate System, 1983 NAD, Central Zone based on City of
Midland's G.I.S Digital Map.
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) Section 9016.111, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 9016, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 9016.111 to read as follows:
Sec. 9016.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) 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. Except as provided by Section 4 of this Act, this
Act takes effect September 1, 2011.