Bill Text: TX HB4309 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the creation of the Driftwood Municipal Utility District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective on 9/1/17 [HB4309 Detail]
Download: Texas-2017-HB4309-Enrolled.html
H.B. No. 4309 |
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relating to the creation of the Driftwood Municipal Utility | ||
District No. 1; 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 7983 to read as follows: | ||
CHAPTER 7983. DRIFTWOOD MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7983.001. 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 Driftwood Municipal Utility | ||
District No. 1. | ||
Sec. 7983.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7983.003. 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. 7983.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7983.003 | ||
until: | ||
(1) 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; and | ||
(2) the district and each municipality in whose | ||
corporate limits or extraterritorial jurisdiction the district is | ||
located have executed an agreement concerning the creation and | ||
operation of the district. | ||
Sec. 7983.005. 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. | ||
(c) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||
other powers granted under this chapter. | ||
(d) The creation of the district is in the public interest | ||
and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; | ||
(3) developing or expanding transportation and | ||
commerce; and | ||
(4) providing quality residential housing. | ||
(e) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a residential community and business | ||
center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping, | ||
removing graffiti from, and developing certain areas in the | ||
district, which are necessary for the restoration, preservation, | ||
and enhancement of scenic beauty. | ||
(f) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, vehicle parking, and street art objects are parts of | ||
and necessary components of a street and are considered to be an | ||
improvement project that includes a street or road improvement. | ||
Sec. 7983.006. 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. 7983.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7983.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7983.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2017, 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 7983.003; or | ||
(2) September 1, 2021. | ||
(c) If permanent directors have not been elected under | ||
Section 7983.003 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 7983.003; 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. 7983.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7983.102. 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. 7983.103. WATER CONSERVATION FACILITIES. The district | ||
may provide for the conservation of water, including by means of the | ||
construction, operation, and maintenance of a water conservation | ||
facility or water reuse project. | ||
Sec. 7983.104. 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. 7983.105. 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. 7983.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION. The district shall comply with all applicable | ||
requirements of any ordinance or resolution that is adopted under | ||
Section 54.016 or 54.0165, Water Code, and that consents to the | ||
creation of the district or to the inclusion of land in the | ||
district. | ||
Sec. 7983.107. LIMITATION ON GROUNDWATER USE. In providing | ||
water services to users in the district, the district may not, | ||
except in emergency situations: | ||
(1) develop groundwater on land owned by the district | ||
for use as a potable water source; or | ||
(2) purchase or lease the rights to groundwater | ||
underlying land inside the district for use as a potable water | ||
source. | ||
Sec. 7983.108. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if: | ||
(1) the district has no outstanding bonded debt; and | ||
(2) the district is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7983.003 to confirm the creation of the district. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between 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 7983.003. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7983.151. 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 7983.153. | ||
(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. 7983.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7983.151, 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. 7983.153. 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. 7983.201. 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. 7983.202. 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. 7983.203. 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 Driftwood Municipal Utility District No. 1 | ||
initially includes all the territory contained in the following | ||
area: | ||
FIELD NOTE DESCRIPTION OF 323.59 ACRES OF LAND OUT OF THE WILLIAM B. | ||
TRAVIS SURVEY ABSTRACT No. 15 IN HAYS COUNTY, TEXAS, BEING | ||
COMPRISED OF A PORTION OF THAT CERTAIN (117.51 ACRE) TRACT OF LAND | ||
AS CONVEYED TO DAMIAN C. MANDOLA AND TRINA M. MANDOLA BY GENERAL | ||
WARRANTY DEED RECORDED IN VOLUME 2406 PAGE 685 OF THE OFFICIAL | ||
PUBLIC RECORDS OF HAYS COUNTY, TEXAS, TOGETHER WITH A PORTION OF | ||
THAT CERTAIN (150.00 ACRE) TRACT OF LAND AS CONVEYED TO DAMIAN C. | ||
MANDOLA AND TRINA M. MANDOLA BY WARRANTY DEED RECORDED IN VOLUME | ||
2261 PAGE 316 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, | ||
AND TOGETHER WITH A PORTION OF THAT CERTAIN (107.00 ACRE) TRACT OF | ||
LAND AS CONVEYED TO DAMIAN C. MANDOLA AND WIFE, TRINA M. MANDOLA BY | ||
GENERAL WARRANTY DEED RECORDED IN VOLUME 2141 PAGE 753 OF THE | ||
OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, AND BEING MORE | ||
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a point in the East right-of-way line of F.M. Highway | ||
No. 150 for the westerly Northwest corner of that certain (117.51 | ||
acre) tract of land as conveyed to Damian C. Mandola and Trina M. | ||
Mandola by General Warranty Deed recorded in Volume 2406 Page 685 of | ||
the Official Public Records of Hays County, Texas, and being in the | ||
West line of that certain (890.32 acres less 90.96 acres) tract as | ||
conveyed to Wilding, LP by Special Warranty Deed recorded in | ||
Document No. 9927839 of the Official Public Records of Hays County, | ||
Texas, and for the Northwesterly corner of that certain (374.53 | ||
acre) tract of land as conveyed to Saber Ventures, L.P. by Special | ||
Warranty Deed recorded in Volume 2023 Page 531 of the Official | ||
Public Records of Hays County, Texas, and for a Southwesterly | ||
corner of that certain (311.44 acre) tract of land as conveyed to AT | ||
Holding-Riata, LLC by Special Warranty Deed recorded in Volume 2023 | ||
Page 547 of the Official Public Records of Hays County, Texas, and | ||
being the westerly Northwest corner and PLACE OF BEGINNING of the | ||
herein described tract of land, and from which a metal spike found | ||
in an asphalt driveway in the East right-of-way line of F.M. Highway | ||
No. 150 (at record centerline HWY Station 398+69.3) bears N 20 deg. | ||
32' 24" W 895.92 ft., and also from which a capped iron rod found | ||
bears N 72 deg. 35' 16" E 0.40 ft.; | ||
THENCE leaving the East right-of-way line of F.M. Highway No. 150 | ||
and entering the interior of said Wilding (890.32 acres less 90.96 | ||
acres) tract with the common line of said Mandola (117.51 acre) | ||
tract and said AT-Holding-Riata (311.44 acre) tract, the following | ||
four (4) courses; | ||
1) N 72 deg. 35' 16" E 957.58 ft. to a capped iron rod found | ||
(marked "McAngus"); | ||
2) N 28 deg. 14' 58" E 1033.24 ft. to a capped iron rod found | ||
(marked "McAngus"); | ||
3) N 88 deg. 23' 37" E 3991.58 ft. to a capped iron rod found | ||
(marked "McAngus"); | ||
4) S 53 deg 02' 43" E at 1953.44 ft. passing a 1 1/4" iron | ||
pipe found, and continuing with the same bearing for a | ||
total distance of 2042.29 ft. to a point in the | ||
approximate centerline of Onion Creek for the Northeast | ||
corner of said Mandola (117.51 acre) tract and for the | ||
Southeast corner of said AT Holding-Riata (311.44 acre) | ||
tract and for the Northwest corner of that certain | ||
(200.585 acre) tract of land as conveyed to Annaton Land | ||
Company, LLC by Warranty Deed recorded in Volume 4617 | ||
Page 374 of the Official Public Records of Hays County, | ||
Texas, and being the Northeast corner of this tract of | ||
land; | ||
THENCE continuing through the interior of said Wilding (890.32 | ||
acres less 90.96 acres) tract with the approximate centerline of | ||
Onion Creek and with the common line of said Mandola (117.51 acre) | ||
tract and said Annaton Land Company (200.585 acre) tract, the | ||
following seven (7) courses; | ||
1) S 36 deg. 24' 12" W 252.79 ft.; | ||
2) S 37 deg. 15' 21" W246.91 ft.; | ||
3) S 41 deg. 42' 31" W 214.94 ft.; | ||
4) S 43 deg. 07' 44" W 212.80 ft.; | ||
5) S 26 deg. 54' 25" W 159.79 ft.; | ||
6) S 27 deg. 42' 48" E 70.19 ft.; | ||
7) S 49 deg. 40' 44" W 239.29 ft. to a point for the | ||
Southeast corner of said Mandola (117.51 acre) tract | ||
and for the Northeast corner of that certain (150.00 | ||
acre) tract of land as conveyed to Damian C. Mandola and | ||
Trina C. Mandola by Warranty Deed recorded in Volume | ||
2261 Page 316 of the Official Public Records of Hays | ||
County, Texas, and being an angle corner of this tract, | ||
and from which a 60D nail found on the Northwesterly | ||
side of a 46" Cypress tree (for reference) bears N 85 | ||
deg. 04' W 47.70 ft.; | ||
THENCE continuing through the interior of said Wilding (890.32 | ||
acres less 90.96 acres) tract with the approximate centerline of | ||
Onion Creek and with the common line of said Mandola (150.00 acre) | ||
tract and said Annaton Land Company (200.585 acre) tract, the | ||
following six (6) courses; | ||
1) S 47 deg. 12' 31" W 253.25 ft.; | ||
2) S 41 deg. 34' 36" W 219.86 ft.; | ||
3) S 41 deg. 33' 07" W 276.42 ft.; | ||
4) S 45 deg. 46' 37" W 288.13 ft.; | ||
5) S 61 deg. 07' 53" W 223.76 ft.; | ||
6) S 58 deg. 51' 17" W 191.85 ft. to a point for the Southeast | ||
corner of said Mandola (150.00 acre) tract and for the | ||
Northeast corner of that certain (107.00 acre) tract of | ||
land as conveyed to Damian C. Mandola and wife, Trina C. | ||
Mandola by General Warranty Deed recorded in Volume | ||
2141 Page 753 of the Official Public Records of Hays | ||
County, Texas, and being an angle corner of this tract, | ||
and from which a 60D nail found on the Westerly side of a | ||
16" Cypress tree bears N 13 deg. 48' W 53.69 ft.; | ||
THENCE continuing through the interior of said Wilding (890.32 | ||
acres less 90.96 acres) tract with the approximate centerline of | ||
Onion Creek and with the East line of said Mandola (107.00 acre) | ||
tract, the following five (5) courses; | ||
1) S 41 deg. 08' 03" W 231.01 ft.; | ||
2) S 36 deg. 08' 40" W 248.29 ft.; | ||
3) S 32 deg. 53' 55" W 249.13 ft.; | ||
4) S 30 deg. 05' 08" W 241.12 ft.; | ||
5) S 18 deg. 56' 06" W 233.53 ft. to a point for the Southeast | ||
corner of said Mandola (107.00 acre) tract and for a | ||
Northeasterly corner of that certain (21.512 acre) | ||
tract of land as conveyed to Peter M. Schwab and | ||
Jeanette K. Thornton-Schwab by General Warranty Deed | ||
recorded in Volume 1828 Page 709 of the Official Public | ||
Records of Hays County, Texas, and being the Southeast | ||
corner of this tract, and from which an incised X mark | ||
found in the Westerly end of a concrete dam bears N 09 | ||
deg. 00' E 190.41 ft. (for reference); | ||
THENCE leaving the approximate centerline of Onion Creek with the | ||
common line of said Mandola (107.00 acre) tract and said Schwab | ||
(21.512 acre) tract, the following seven (7) courses; | ||
1) N 58 deg. 07' 33" W at 70.67 ft. passing a capped iron rod | ||
found (marked "McAngus") and continuing with the same | ||
bearing for a total distance of 728.64 ft. to a capped | ||
iron rod found (marked "McAngus"); | ||
2) N 24 deg. 01' 46" W 456.82 ft. to a capped iron rod found | ||
(marked "McAngus") and from which a 1/2" iron rod found | ||
for an angle corner in the Southwest line of said Schwab | ||
(21.512 acre) tract bears S 46 deg. 21' 25" W 33.18 ft.; | ||
3) N 56 deg. 29' 49" W 518.51 ft. to a capped iron rod found | ||
(marked "McAngus"); | ||
4) N 36 deg. 40' 03" W 507.04 ft. to a capped iron rod found | ||
(marked "McAngus"); | ||
5) S 56 deg. 30' 23" W 148.91 ft. to a capped iron rod found | ||
(marked "McAngus"); | ||
6) N 42 deg. 04' 50" W 1026.81 ft. to a capped iron rod found | ||
(marked "McAngus") on the top of a small earthen stock | ||
tank dam; | ||
7) N 84 deg. 13' 38" W 166.65 to a capped iron rod found | ||
(marked "Landesign") at a metal pipe corner post for a | ||
game-proof fence for the Southeast corner of that | ||
certain (9.455 acre) tract of land as conveyed to | ||
DuchMandola, Ltd. by General Warranty Deed recorded in | ||
Volume 3775 Page 877 of the Official Public Records of | ||
Hays County, Texas, and being a Southwesterly angle | ||
corner of this tract; | ||
THENCE entering the interior of said Mandola (107.00 acre) tract | ||
with the East line of said DuchMandola (9.455 acre) tract, the | ||
following two (2) courses; | ||
1) N 16 deg. 59' 17" E 432.02 ft. to a 1/2" iron rod found; | ||
2) S 53 deg. 46' 28" E 67.80 ft. to a capped iron rod found | ||
(marked "Landesign"); | ||
THENCE continuing through the interior of said Mandola (107.00 | ||
acre) tract and entering the interior of said Mandola (150.00 acre) | ||
tract, N 38 deg. 11' 23" E 284.33 ft. to a capped iron rod found | ||
(marked "Landesign") for an angle corner in the East line of that | ||
certain (6.620 acre) tract of land as conveyed to DuchMandola, Ltd. | ||
by said General Warranty Deed recorded in Volume 3775 Page 877 of | ||
the Official Public Records of Hays County, Texas, and being an | ||
angle corner of this tract; | ||
THENCE continuing through the interior of said Mandola (150.00 | ||
acre) tract, N 00 deg. 40' 32" W at 433.25 ft. passing a capped iron | ||
rod found (marked "Landesign") for the Northeast corner of said | ||
DuchMandola (6.620 acre) tract and continuing with the same bearing | ||
for a total distance of 819.70 ft. to a capped iron rod found | ||
(marked "Landesign") in the common line of said Mandola (150.00 | ||
acre) tract and said Mandola (117.51 acre) tract and being an angle | ||
corner of this tract; | ||
THENCE with the common line of said Mandola (150.00 acre) tract and | ||
said Mandola (117.51 acre) tract, the following two (2) courses; | ||
1) S 88 deg. 25' 14" W 642.66 ft. to a capped iron rod found | ||
(marked "McAngus"); | ||
2) S 50 deg. 02' 26" W 895.46 ft. to a capped iron rod found | ||
(marked "Landesign") for an angle corner of this tract, | ||
and from which a 1/2" iron rod found for an angle corner | ||
in the common line of said Mandola (150.00 acre) tract | ||
and said Mandola (117.51 acre) tract bears S 50 deg. 02' | ||
26" W 17.37 ft.; | ||
THENCE crossing the interiors of said Mandola (117.51 acre) tract | ||
and said Mandola (150.00 acre) tract, respectively, the following | ||
two (2) courses; | ||
1) 69 deg. 55' 31" W 590.01 ft. to a capped iron rod found | ||
(marked "Landesign"); | ||
2) S 75 deg. 45' 29" W 370.85 ft. to a point in the East | ||
right-of-way line of F.M. Highway No. 150 for the | ||
Northwest corner of said Mandola (150.00 acre) tract | ||
and for the Southwest corner of said Mandola (117.51 | ||
acre) tract and being the most Southwesterly corner of | ||
this tract, and from which a concrete monument found in | ||
the East right-of-way line of F.M. Highway No. 150 (at | ||
centerline HWY Station 438+31.0) bears S 20 deg. 32' 24" | ||
E 2810.55 ft., and also from which a 1/2" iron rod found | ||
bears N 75 deg. 45' 29" E 0.41 ft.; | ||
THENCE with the East right-of-way line of F.M. Highway No. 150 and | ||
with the West line of said Mandola (117.51 acre) tract, N 20 deg. | ||
32' 24" W 254.11 ft. to the PLACE OF BEGINNING, containing 323.59 | ||
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 | ||
7983, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7983.109 to read as follows: | ||
Sec. 7983.109. 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, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4309 was passed by the House on May | ||
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4309 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |