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 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 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. 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 9016.006-9016.050 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 prior to a meeting of
	the board.
	[Sections 9016.053-9016.100 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 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 service 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 public 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. Neither the county or
	municipality are liable for any claims arising from the operation
	of the district's water system or other actions or inactions of the
	district, including issues related to labor, safety, or signage, or
	contamination or other environmental issues.
	Sec. 9016.107.  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 existed on September 1, 2011.
	Sec. 9016.108.  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 city annexes all or part of the district, the
	district is not:
	(1)  required to be dissolved; and
	(2)  prevented from providing district services to the
	annexed territory.
	(c)  If any territory inside the district is annexed, the
	owner of the territory 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. 9016.109.  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. 9016.110.  LIMITATION ON USE OF EMINENT DOMAIN. (a) 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 existed on September 1, 2011.
	Sec. 9016.111.  PROHIBITION ON DIVISION OF DISTRICT. The
	district may not divide into two or more districts.
	[Sections 9016.112-9016.150 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:
	For 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 tine 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, T1S 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 corner 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 feet 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 l6°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.
	This document was prepared under 22 TAC 663.21, and is not to be
	used to convey or establish interest in real property except those
	rights and interest implied or established by the creation or
	reconfiguration of the boundary of the political subdivision for
	which it was prepared.
	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 9016.110, 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 I, Chapter 9016, Special
	District Local Laws Code, as added by Section 1 of this Act, is
	amended by adding Section 9016.110 to read as follows:
	Sec. 9016.110.  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.