Bill Text: TX HB4153 | 2015-2016 | 84th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Montgomery-Grimes Counties Municipal Utility District No. 146; 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) 2015-05-28 - Effective on 9/1/15 [HB4153 Detail]

Download: Texas-2015-HB4153-Comm_Sub.html

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By: Bell (Senate Sponsor - Creighton) H.B. No. 4153
(In the Senate - Received from the House May 13, 2015;
May 13, 2015, read first time and referred to Committee on
Administration; May 14, 2015, reported favorably by the following
vote: Yeas 6, Nays 0; May 14, 2015, sent to printer.)
Click here to see the committee vote

COMMITTEE VOTE
YeaNayAbsentPNV
HancockX
UrestiX
CampbellX
EltifeX
HuffinesX
SchwertnerX
WestX
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery-Grimes Counties
Municipal Utility District No. 146; 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 7906 to read as follows:
CHAPTER 7906. MONTGOMERY-GRIMES COUNTIES MUNICIPAL UTILITY
DISTRICT NO. 146
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7906.001. 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-Grimes Counties
Municipal Utility District No. 146.
Sec. 7906.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7906.003. 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. 7906.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
temporary directors may not hold an election under Section 7906.003
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.
(b) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under this section
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.
Sec. 7906.005. 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. 7906.006. 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. 7906.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7906.052, directors serve
staggered four-year terms.
Sec. 7906.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2015, 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 7906.003; or
(2) September 1, 2019.
(c) If permanent directors have not been elected under
Section 7906.003 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 7906.003; 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. 7906.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7906.102. 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. 7906.103. 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. 7906.104. 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. 7906.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) 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.
(b) Section 54.016(f), Water Code, does not apply to the
district.
Sec. 7906.106. 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 creating 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
7906.003 to confirm the creation of the district and before or after
an election under Section 7906.151 to authorize the issuance of
bonds.
(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 7906.003.
(i) 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.
(j) 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. 7906.151. 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 7906.153.
(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. 7906.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7906.151, 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. 7906.153. 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. 7906.201. 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. 7906.202. 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. 7906.203. 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-Grimes Counties Municipal
Utility District No. 146 initially includes all the territory
contained in the following area:
428.212 Acres
Joseph G. Ferguson Survey, A-221
Montgomery County, Texas
Being 428.212 acres of land situated in the Joseph G. Ferguson
Survey, A-221, Montgomery County, Texas, and being out of a
residual of a certain 1936.077 acres of land as described in deed
recorded under County Clerk's File No. 2007-037712 of the Real
Property Records of Montgomery County, Texas, said 428.212 acres of
land being more particularly described by metes and bounds as
follows:
BEGINNING at a concrete monument found in the west line of F.M.
1486, a 110 foot right-of-way, for the southeast corner of Blake
Ranch as described in deed recorded under County Clerk's File
No. 9366055 of the Real Property Records of Montgomery County,
Texas, same being the northeast corner and POINT OF BEGINNING of
the herein described tract;
THENCE South 02 degrees 33 minutes 01 seconds East, along the west
line of said F.M. 1486 and the east boundary line of the said
1936.077 acres of land, same being the east boundary line of the
herein described tract, a distance of 2677.01 feet to a 5/8 inch
iron rod with survey cap (Moyer) set for the northeast corner of Lot
1, Block 8, Crown Ranch Section One Amending Plat No. 1, according
to the map or plat thereof recorded in Cabinet Z, Sheets 755 thru
759 of the Map Records of Montgomery County, Texas, and the
southeast corner of the herein described tract;
THENCE North 85 degrees 35 minutes 50 seconds West, along the north
boundary line of Lots 1, 2, 3, and 4, Block 8, of said Crown Ranch
and the southerly boundary line of the herein described tract, a
distance of 1128.30 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for an angle point;
THENCE South 59 degrees 34 minutes 02 seconds West, continuing
along the north boundary line of said Lot 4 and the north boundary
line of Lots 5 and 6, Block 8 of said Crown Ranch and continuing
along the south boundary line of the herein described tract, a
distance of 635.56 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for the northwest corner of said Lot 6 and a southerly
corner of the herein described tract;
THENCE in a southeasterly direction along the west boundary line of
said Lot 6 and a southerly boundary line of the herein described
tract along a non-tangent curve to the left having as its elements:
a radius of 616.14 feet, a central angle of 37 degrees 40 minutes 18
seconds, an arc length of 405.11 feet, and a chord bearing of South
23 degrees 38 minutes 52 seconds East, a distance of 397.85 feet to
a 5/8 inch iron rod with survey cap (Moyer) set in the north line of
Crown Ranch Boulevard (a northwesterly cut-back corner) for the
southwest corner of said Lot 6 and a southerly corner of the herein
described tract;
THENCE South 37 degrees 53 minutes 49 seconds West, continuing
along the northwesterly line of said Crown Ranch Boulevard and the
southerly boundary line of the herein described tract, a distance
of 60.78 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
the most easterly southeast corner of Restricted Reserve "F" of
said Crown Ranch and a southerly corner of the herein described
tract;
THENCE in a northwesterly direction along the northeast boundary
line of said Restricted Reserve "F" and continuing along the
southerly boundary line of the herein described tract along a
non-tangent curve to the right having as its elements: a radius of
676.14 feet, a central angle of 27 degrees 37 minutes 46 seconds, an
arc length of 326.05 feet, and a chord bearing of North 29 degrees
31 minutes 46 seconds West, a distance of 322.90 feet to a 5/8 inch
iron rod with survey cap (Moyer) set for the northeast corner of
said Restricted Reserve "F" and a southerly corner of the herein
described tract;
THENCE South 59 degrees 34 minutes 02 seconds West, along the north
boundary line of said Restricted Reserve "F" and continuing along
the southerly boundary line of the herein described tract, a
distance of 657.92 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for the northwest corner of said Restricted Reserve "F"
and a southerly corner of the herein described tract;
THENCE South 14 degrees 38 minutes 43 seconds West, along the west
boundary line of said Restricted Reserve "F" and continuing along
the southerly boundary line of the herein described tract, a
distance of 243.59 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for an angle point;
THENCE South 02 degrees 30 minutes 07 seconds East, continuing
along the west boundary line of said Restricted Reserve "F" and the
southerly boundary line of the herein described tract, a distance
of 89.62 feet to a 5/8 inch iron rod with survey cap (Moyer) set in
the north line of said Crown Ranch Boulevard for the southwest
corner of said Restricted Reserve "F" and a southerly corner of the
herein described tract;
THENCE South 87 degrees 29 minutes 53 seconds West, along the north
line of said Crown Ranch Boulevard and continuing along the
southerly boundary line of the herein described tract, a distance
of 850.45 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
the southeast corner of Lot 1, Block 7, of said Crown Ranch and a
southerly corner of the herein described tract;
THENCE North 02 degrees 30 minutes 07 seconds West, along the east
boundary line of said Lot 1, Block 7 and continuing along the
southerly boundary line of the herein described tract, a distance
of 405.55 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
the northeast corner of said Lot 1, Block 7 and a southerly corner
of the herein described tract;
THENCE South 87 degrees 29 minutes 53 seconds West, along the north
boundary line of Lots 1 and 2, Block 7 and continuing along the
southerly boundary line of the herein described tract, a distance
of 383.12 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
the northwest corner of said Lot 2, Block 7 and a southerly corner
of the herein described tract;
THENCE South 02 degrees 30 minutes 07 seconds East, along the west
boundary line of said Lot 2 and continuing along the southerly
boundary line of the herein described tract, a distance of 380.55
feet to a 5/8 inch iron rod with survey cap (Moyer) set in the north
line of said Crown Ranch Boulevard for the southwest corner of said
Lot 2 and a southerly corner of the herein described tract;
THENCE South 87 degrees 29 minutes 53 seconds West, along the north
line of said Crown Ranch Boulevard and continuing along the
southerly boundary line of the herein described tract, a distance
of 60.00 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
the southeast corner of Lot 1, Block 6 of said Crown Ranch and a
southerly corner of the herein described tract;
THENCE North 02 degrees 30 minutes 07 seconds West, along the east
boundary line of said a Lot 1, Block 6 and continuing along the
southerly boundary line of the herein described tract, a distance
of 380.55 feet to a 5/8 inch iron rod with survey cap (Moyer) set for
the northeast corner of said Lot 1, Block 6 and a southerly corner
of the herein described tract;
THENCE South 87 degrees 29 minutes 53 second West, along the north
boundary lines of Lots 1, 2, 3, 4, and 5, Block 6 of said Crown Ranch
Section One and continuing along the southerly boundary line of the
herein described tract, a distance of 865.08 feet to a 5/8 inch iron
rod with survey cap (Moyer) set for the northeast corner of Lot 1,
Block 5, of said Crown Ranch and a southerly angle point of the
herein described tract;
THENCE North 59 degrees 17 minutes 57 seconds West, along the
northeast boundary line of Lots 1, 2, and 3, Block 5 of said Crown
Ranch and along the southwesterly boundary line of the herein
described tract, a distance of 451.13 feet to a 5/8 inch iron rod
with survey cap (Moyer) set for the common corner of Lots 3 and 4,
Block 5 of said Crown Ranch and an angle point of the herein
described tract;
THENCE North 47 degrees 07 minutes 57 seconds West, along the
northeast boundary line of Lots 4 and 5, Block 5 of said Crown Ranch
and continuing along the southwesterly boundary line of the herein
described tract, a distance of 298.12 feet to a 5/8 inch iron rod
with survey cap (Moyer) set for the common corner of Lots 5 and 6,
Block 5 of said Crown Ranch and an angle point of the herein
described tract;
THENCE North 37 degrees 48 minutes 49 seconds West, along the
northeast boundary line of Lots 6, 7, 8, 9, and 10, Block 5, of said
Crown Ranch and continuing along the southwesterly boundary line of
the herein described tract, a distance of 901.31 feet to a 5/8 inch
iron rod with survey cap (Moyer) set in a curve for the north corner
of said Lot 10 common to a southerly corner of the herein described
tract;
THENCE in a southwesterly direction along the northwest boundary
line of said Lot 10 and continuing along the southwesterly boundary
line of the herein described tract along a non-tangent curve to the
right having as its elements: a radius of 1030.00 feet, a central
angle of 01 degrees 09 minutes 44 seconds, an arc length of 20.90
feet, and a chord bearing of South 51 degrees 36 minutes 18 seconds
West, a distance of 20.89 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for the end of the curve;
THENCE South 52 degrees 11 minutes 11 seconds West, continuing
along the northwest boundary line of said Lot 10 and continuing
along the southwesterly boundary line of the herein described
tract, a distance of 332.11 feet to a 5/8 inch iron rod with survey
cap (Moyer) set in the northeast line of Crown Ranch Boulevard, a 60
foot private right-of-way, for the southwest corner of said Lot 10,
same being a southerly corner of the herein described tract;
THENCE North 37 degrees 48 minutes 49 seconds West, along the
northeast line of said Crown Ranch Boulevard and continuing along
the southwesterly boundary line of the herein described tract, a
distance of 60.00 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for the southeast corner of Lot 1, Block 4, of said
Crown Ranch Section One and a southerly corner of the herein
described tract;
THENCE North 52 degrees 11 minutes 10 seconds East, along the
southeast boundary line of said Lot 1 and continuing along the
southwesterly boundary line of the herein described tract, a
distance of 332.11 feet to a 5/8 inch iron rod with survey cap for
the beginning of a curve;
THENCE in a northeasterly direction continuing along the southeast
boundary line of said Lot 1 and continuing along the southwesterly
boundary line of the herein described tract along a curve to the
left having as its elements: a radius of 970.00 feet, a central
angle of 01 degrees 11 minutes 13 seconds, an arc length of 20.09
feet, and a chord bearing of North 51 degrees 35 minutes 34 seconds
East, a distance of 20.09 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for the northeast corner of said Lot 1 and a southerly
corner of the herein described tract;
THENCE North 43 degrees 36 minutes 42 seconds West, along the
northeast boundary line of Lots 1, 2, and 3, Block 4 of said Crown
Ranch, and continuing along the southwesterly boundary line of the
herein described tract, a distance of 552.90 feet to a 5/8 inch iron
rod with survey cap (Moyer) set for an angle point;
THENCE North 58 degrees 26 minutes 29 seconds West, along the
northeast boundary line of said Lots 3, 4, 5, and 6, Block 4, of said
Crown Ranch and continuing along the southwesterly boundary line of
the herein described tract, a distance of 561.07 feet to a 5/8 inch
iron rod with survey cap (Moyer) set for an angle point;
THENCE North 73 degrees 22 minutes 49 seconds West, along the
northeast boundary line of Lots 6, 7, 8, and Restricted Reserve "E",
Block 4 of said Crown Ranch, and the southwesterly boundary line of
the herein described tract, a distance of 561.07 feet to a 5/8 inch
iron rod with survey cap (Moyer) set for an angle point;
THENCE North 87 degrees 16 minutes 13 seconds West, along the north
boundary line of Restricted Reserve "E" and Lot 9, Block 4, of said
Crown Ranch and continuing along the southwesterly boundary line
of the herein described tract, a distance of 247.65 feet to a point
for the southeast corner of Restricted Reserve "G" of Crown Ranch
Section Three, according to the map or plat thereof recorded in
Cabinet Z, Sheet 1208 of the Map Records of Montgomery County, Texas
and a northwest corner of the herein described tract;
THENCE North 27 degrees 21 minutes 07 seconds East, along the east
boundary line of said Restricted Reserve "G", southeast boundary
line of said Lot 35 and the northwest boundary line of the herein
described tract, a distance of 164.86 feet to a point for the most
easterly southeast corner of said Lot 35 and an interior
northwesterly corner of the herein described tract;
THENCE North 65 degrees 26 minutes 22 seconds West, along the
northeast boundary line of Lot 35, Block 2, of said Crown Ranch
Section Three, and continuing along the northwest boundary line of
the herein described tract, a distance of 188.65 feet to an angle
point;
THENCE North 40 degrees 41 minutes 22 seconds West, continuing
along the northeast boundary line of said Lot 35 and the east
boundary line of Lot 34 and 33, Block 2, of said Crown Ranch Section
Three, common to the northwest boundary line of the herein
described tract, a distance of
443.41 feet to an angle point;
THENCE North 03 degrees 49 minutes 38 seconds West, along the east
boundary line of Lots 33 and 32, and Restricted Reserve "F", Block
2, of said Crown Ranch Section Three and continuing along the
northwest boundary line of the herein described tract, a distance
of 259.25 feet to a 5/8 inch iron rod with survey cap (Moyer) set in
the common boundary line of the aforesaid Blake Ranch Property and
the 1936.077 acres of land for the northeast corner of Restricted
Reserve "F" of said Crown Ranch Section Three, and the northwest
corner of the herein described tract;
THENCE North 86 degrees 10 minutes 23 seconds East, along the said
common boundary line and the north boundary line of the herein
described tract, a distance of 7650.14 feet to the POINT OF
BEGINNING and containing 428.212 acres of land.
Job No. 11014-B
Job No. 10080
1929.279 Acres
Joseph G. Ferguson Survey, A-227; Charles Weaver Survey, A-624;
Alexander Robblis Survey, A-464; Robert Elgin Survey, A-199
Montgomery County, Texas
Alexander Robblis Survey, A-400; Charles Weaver Survey, A-482;
P.G. Moffitt Survey, A-330; E.T. Estis Survey, A-194
William R. Wheelis Survey, A-481
Grimes County, Texas
Being 1929.279 acres of land situated in the Josepgh G. Ferguson
Survey, A-227; the Charles Weaver Susrvey, A-624; the Alexander
Robblis Survey, A-464; and the Robert Elgin Survey, A-199,
Montgomery County, Texas, and situated in the Alexander Robblis
Survey, A-400; the Charles Weaver Survey, A-482; the P.G. Moffitt
Survey, A-330; and the E.T. Estis Survey, A-194, Grimes County,
Texas, and being 1988.459 acres of land save and except 59.180 acres
of land, said 1929.279 acres of land being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with survey cap set in the west line
of F.M. 1486, a 110 foot right of way per Tx Dot ROW Map R-1416-3-1
February 22, 1960, for the southeast corner of Crown Ranch Section
One, according to the map or plat thereof recorded in Cabinet Z,
Sheets 755 thru 759 of the Map Records of Montgomery County, Texas,
and the northeast corner of a certain 1,675.016 acres of land
(Parcel N7395-C2) as described in deed recorded in Volume 849, Page
205 of the Deed Records of Grimes County, Texas, and under County
Clerk's File No. 968009 of the Real Property Records of Montgomery
County, Texas, same being the northeast corner and POINT OF
BEGINNING of the herein described tract;
THENCE South 02 degrees 43 minutes 16 seconds East, along the west
line of said F.M. 1486 and the common east boundary line of the said
1,675.016 acres of land and the herein described tract, a distance
of 5,114.36 feet to a 5/8 inch iron rod with survey cap (Burgess)
found for the southeast corner of the herein described tract;
THENCE South 87 degrees 31 minutes 55 seconds West along the common
south boundary line of the said 1675.016 acres of land and the
herein described tract, passing at 10,209.67 feet, a 3 inch brass
disc in concrete stamped Moyer Surveying 5656 Grimes and Montgomery
County Line, continuing in all a distance of 12,654.87 feet to a 5/8
inch iron rod with survey cap (Burgess) found in the east boundary
line of a certain 16.0 acres of land as described in deed recorded
in Volume 362, Page 558 of the Deed Records of Grimes County, Texas,
for the most southerly southwest corner of the herein described
tract;
THENCE North 03 degrees 31 minutes 33 seconds West, along the east
boundary line of the said 16.0 acres of land and continuing along
the east boundary line of a certain 49.963 acres of land as
described in deed recorded in Volume 324, Page 60 of the Deed
Records of Grimes County, Texas, same being a southwesterly
boundary line of the herein described tract, a distance of 2371.80
feet to a concrete monument found for the northeast corner of the
said 49.963 acres of land and an interior southwesterly corner of
the herein described tract from which a 1 inch iron pipe found for
reference bears South 46 degrees 26 minutes 12 seconds East, a
distance of 0.92 feet;
THENCE South 86 degrees 27 minutes 11 seconds West, along the north
boundary line of the said 49.963 acres of land and a northerly
boundary line of a certain 193.424 acres of land as described in
deed recorded in Volume 932, Page 105 of the Deed Records of Grimes
County, Texas, same being a southwesterly boundary line of the
herein described tract, a distance of 2219.95 feet to a 5/8 inch
iron rod with survey cap (Moyer) set for an interior northwesterly
corner of the said 193.424 acres of land and a southwesterly corner
of the herein described tract from which a 1 inch iron pipe found
for reference bears North 60 degrees 31 minutes 23 seconds East, a
distance of 0.55 feet;
THENCE North 03 degrees 32 minutes 32 seconds West, along a
northerly boundary line of the said 193.424 acres of land and a
southwesterly boundary line of the herein described tract, a
distance of 1245.68 feet to a 1 inch iron pipe found for a
northwesterly corner of the said 193.424 acres and an interior
westerly corner of the herein described tract;
THENCE South 86 degrees 51 minutes 46 seconds West, along the
northwest boundary line of the said 193.424 acres of land and an
interior westerly boundary line of the herein described tract, a
distance of 731.85 feet to a 1 inch iron pipe found for the
northwest corner of the said 193.424 acres of land from which a 1
inch iron pipe found for reference bears North 04 degrees 27 minutes
04 seconds West, a distance of 34.76 feet;
THENCE South 03 degrees 41 minutes 41 seconds East, along the east
boundary line of a certain 261.066 acres of land as described in
deed recorded in Volume 849, Page 205 of the Deed Records of Grimes
County, Texas, common to the west boundary line of the said 193.424
acres of land, same being an interior westerly boundary line of the
herein described tract, a distance of 2879.52 feet to a 1 inch iron
pipe found for the northeast corner of a certain 49.0 acres of land
as described in deed recorded in Volume 286, Page 737 of the Deed
Records of Grimes County, Texas, and the southeast corner of the
said 261.066 acres of land, same being a southwesterly corner of the
herein described tract;
THENCE South 86 degrees 10 minutes 28 seconds West, along the north
boundary line of the said 49.0 acres of land and the south boundary
line of the said 261.066 acres of land, same being the southwest
boundary line of the herein described tract, a distance of 1531.74
feet to a 5/8 inch iron rod with survey cap (Moyer) set in the
centerline of Mill Creek for the southeast corner of a certain 68.50
acres of land as described in deed recorded in Volume 625, Page 691
of the Deed Records of Grimes County, Texas, and the southwest
corner of the herein described tract;
THENCE in a northerly direction along the east boundary line of the
said 68.50 acres of land and a southwest boundary line of the herein
described tract along the centerline meanders of said Mill Creek
the following courses and distances:
1. North 04 deg. 01 min. 17 sec. West, a distance of 43.26 feet;
2. North 01 deg. 25 min. 10 sec. West, a distance of 298.68 feet;
3. North 05 deg. 22 min. 10 sec. West, a distance of 183.35 feet;
4. North 18 deg. 31 min. 11 sec. West, a distance of 76.10 feet;
5. North 22 deg. 46 min. 19 sec. West, a distance of 212.60 feet;
6. North 23 deg. 35 min. 43 sec. West, a distance of 114.58 feet;
7. North 34 deg. 17 min. 37 sec. West, a distance of 82.07 feet;
8. North 22 deg. 34 min. 55 sec. West, a distance of 334.57 feet;
9. North 03 deg. 41 min. 04 sec. West, a distance of 60.79 feet;
10. North 58 deg. 40 min. 35 sec. West, a distance of 98.49 feet;
11. North 66 deg. 35 min. 20 sec. West, a distance of 151.67 feet;
12. North 87 deg. 34 min. 10 sec. West, a distance of 58.50 feet;
13. North 87 deg. 53 min. 47 sec. West, a distance of 28.52 feet;
14. North 78 deg. 35 min. 48 sec. West, a distance of 42.79 feet;
15. North 64 deg. 57 min. 06 sec. West, a distance of 100.15 feet;
16. North 58 deg. 19 min. 28 sec. West, a distance of 108.07 feet;
17. North 51 deg. 08 min. 18 sec. West, a distance of 154.36 feet;
18. North 56 deg. 11 min. 55 sec. West, a distance of 47.73 feet;
19. North 41 deg. 02 min. 54 sec. West, a distance of 48.93 feet;
20. North 26 deg. 22 min. 46 sec. West, a distance of 70.52 feet;
21. North 18 deg. 55 min. 33 sec. West, a distance of 115.55 feet
to a point for the northeasterly corner of the said 68.50 acres of
land and an interior southwesterly corner of the herein described
tract;
THENCE South 87 degrees 41 minutes 36 seconds West, along the north
boundary line of the said 68.50 acres of land and a southwesterly
boundary line of the herein described tract, passing at 6.88 feet, a
railroad tie fence post found for reference continuing in all a
distance of 1661.16 feet to a 1 inch iron pipe found in the east line
of F.M. 1774, a 100 foot right-of-way, for the northwest corner of a
certain 2.0 acres of land as described in deed recorded in Volume
583, Page 462 of the Deed Records of Grimes County, Texas, and a
southwesterly corner of the herein described tract from which a 1
inch iron pipe found for reference bears South 87 degrees 45 minutes
38 seconds West, a distance of 99.0 feet;
THENCE North 07 degrees 15 minutes 44 seconds West, passing at 42.05
feet, a 5/8 inch iron rod found for reference continuing in all, a
distance of 1324.41 feet to a 5/8 inch iron rod found for the
southwest corner of a certain 100.36 acres of land and the most
westerly corner of the herein described tract from which a 1 inch
iron pipe found for reference bears North 86 degrees 07 minutes 28
seconds East, a distance of 13.65 feet;
THENCE North 86 degrees 38 minutes 28 seconds East, along the south
boundary line of the said 100.36 acres of land and a northwesterly
boundary line of the herein described tract, passing at 1501.19
feet, a fence post found for reference continuing in all, a distance
of 1571.95 feet to a point in the centerline of said Mill Creek for
the southeast corner of the said 100.36 acres of land and an
interior northeasterly corner of the herein described tract;
THENCE in a northerly direction along the east boundary line of the
said 100.36 acres of land and the northwesterly boundary line of the
herein described tract along the centerline meanders of said Mill
Creek the following courses and distances:
1. North 05 deg. 22 min. 57 sec. East, a distance of 591.86 feet;
2. North 06 deg. 00 min. 52 sec. West, a distance of 250.76 feet;
3. North 09 deg. 54 min. 50 sec. West, a distance of 347.55 feet;
4. North 29 deg. 37 min. 27 sec. West, a distance of 268.49 feet;
5. North 41 deg. 51 min. 19 sec. West, a distance of 155.57 feet;
6. North 36 deg. 30 min. 59 sec. West, a distance of 215.63 feet to
a point for the northwest corner of the herein described tract;
THENCE North 86 degrees 26 minutes 31 seconds East, along a
northwesterly boundary line of the herein described tract, passing
at 93.64 feet, a 1 and 1/2 inch iron pipe found for reference and the
southwest corner of a certain 130 acres of land as described in deed
recorded in Volume 897, Page 443 of the Deed Records of Grimes
County, Texas, continuing in all a distance of 3756.33 feet to a 1
inch iron pipe found for the southeast corner of the said 130 acres
of land and a northwesterly corner of the herein described tract;
THENCE South 03 degrees 26 minutes 39 seconds East, along a
northwesterly boundary line of the herein described tract, a
distance of 617.42 feet to a 5/8 inch iron rod with survey cap set
for an interior northwesterly corner of the herein described tract;
THENCE North 87 degrees 31 minutes 20 seconds East, along the north
boundary line of the herein described tract, passing at 4,751.81
feet, a brass disc in concrete stamped Moyer Surveying 5656 Grimes
and Montgomery County Line and set for the southeast corner of Crown
Ranch Section Two, a corrected plat according to the map or plat
thereof recorded in Volume 1221, Page 315 of the Map Records of
Grimes County, Texas, and the southwest corner of Crown Ranch
Section One-A Amending Plat No. 1, according to the map or plat
thereof recorded in Cabinet Z, Sheet 762 of the Map Records of
Montgomery County, Texas, continuing in all a distance of 14,947.98
feet to the POINT OF BEGINNING and containing 1,988.459 acres of
land;
SAVE AND EXCEPT a certain 59.180 acres of land described in deed as
60 acres recorded in Volume 156, Page 217 of the Deed Records of
Grimes County, Texas, said 59.180 acres being more particularly
described by metes and bounds as follows:
COMMENCING at a 1 inch iron pipe found for the northwest corner of
the aforesaid 193.424 acres of land;
THENCE North 04 degrees 27 minutes 04 seconds West, a distance of
34.76 feet to a 1 inch iron pipe found for refernce;
TEHNCE South 87 degrees 49 minutes 37 seconds West, a distance of
72.03 feet to a 1 and 1/4 inch iron pipe found for the southeast
corner and POINT OF BEGINNING of the herein described tract;
THENCE South 87 degrees 21 minutes 15 seconds West, along the south
boundary line of the herein described tract, a distance of 1352.68
feet to a 1 inch iron pipe found for the southwest corner of the
herein described tract;
THENCE North 02 degrees 43 minutes 52 seconds West, along the west
boundary line of the herein described tract, a distance of 1868.58
feet to a 1 and 1/4 inch iron pipe found for the northwest corner of
the herein described tract;
THENCE North 87 degrees 17 minutes 50 seconds East, along the north
boundary line of the herein described tract, a distance of 1451.45
feet to a concrete monument (disturbed ) for the northeast corner of
the herein described tract;
THECNE South 02 degrees 33 minutes 59 seconds East, along the east
boundary line of the herein described tract, a distance of 486.58
feet to a concrete monument (broken) found for a northeasterly
corner of the herein described tract;
THENCE South 86 degrees 05 minutes 18 seconds West, along
continuing along the east boundary line of the herein described
tract, a distance of 95.11 feet to a concrete monument found for an
interior northeasterly corner of the herein described tract;
THENCE South 02 degrees 38 minutes 11 seconds East, continuing
along the east boundary line of the herein described tract, a
distance of 1381.34 feet to the POINT OF BEGINNING and containing
59.180 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7906, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7906.107 to read as follows:
Sec. 7906.107. 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 September 1, 2015.
* * * * *