Bill Text: TX HB4606 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the creation of the Brazoria County Water Control and Improvement District No. 10; 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: (Passed) 2021-06-15 - Effective immediately [HB4606 Detail]

Download: Texas-2021-HB4606-Enrolled.html

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H.B. No. 4606

AN ACT
relating to the creation of the Brazoria County Water Control and
Improvement District No. 10; 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 I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9090 to read as follows:
CHAPTER 9090. BRAZORIA COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 10
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9090.0101. 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 Brazoria County Water Control
and Improvement District No. 10.
Sec. 9090.0102. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9090.0103. 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. 9090.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
9090.0103 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. 9090.0105. 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 water control and improvement district as
provided by general law and Section 59, Article XVI, Texas
Constitution, including the collection, transportation,
processing, disposal, and control of domestic, industrial, or
communal waste and the gathering, conducting, diverting, and
control of local storm water or other harmful excesses of water; 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. 9090.0106. 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. 9090.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9090.0202, directors
serve staggered four-year terms.
Sec. 9090.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Steven Ward;
(2) Alex Khowaja;
(3) Mark Cain;
(4) William Puder; and
(5) Greg Clutter.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9090.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 9090.0103 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 9090.0103; 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. 9090.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9090.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state applicable to water control and
improvement districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 51, Water Code, and
specifically including the powers and duties authorized under
Subchapter H, Chapter 51, Water Code.
Sec. 9090.0303. 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. 9090.0304. 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. 9090.0305. 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 or 42.0425, Local Government Code, and
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 9090.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district boundaries to acquire a site or easement for:
(1) a recreational facility, as defined by Section
49.462, Water Code; or
(2) a road project authorized by Section 9090.0303.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9090.0401. 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 9090.0403.
(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. 9090.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9090.0401, 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. 9090.0403. 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. 9090.0501. 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. 9090.0502. 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 Chapter 51, Water Code.
Sec. 9090.0503. 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.
Sec. 9090.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
The district may develop recreational facilities and issue bonds
for recreational facilities as provided by Chapter 49, Water Code,
regardless of whether the district's territory overlaps with the
territory of a political subdivision that is authorized to develop
recreational facilities and issue bonds for recreational
facilities under Chapter 49, Water Code.
(b) The authority of the district to develop recreational
facilities and issue bonds for recreational facilities under this
section does not limit the authority of another political
subdivision whose territory the territory of the district may
overlap, wholly or partly, to develop recreational facilities and
issue bonds for recreational facilities under Chapter 49, Water
Code.
SECTION 2. The Brazoria County Water Control and
Improvement District No. 10 initially includes all the territory
contained in the following area:
TRACT 1
Being 37.544 acres of land, being a called 37.54 Acre Tract of
land (Tract II; Brazoria County Clerk's File No. 03-064681) and
being out of Lots 28, 29, and 30 of the C.W. Palmer
Subdivision (Volume 2, Page 29; Plat Records of Brazoria
County, Texas) being in the H.T. & B. Railroad Company Survey,
Section No. 9, Abstract No. 238, Brazoria County, Texas, as
described below:
BEGINNING at a 5/8 inch diameter iron rod with aluminum cap in
concrete found for the Southwest corner of said call 37.54 Acre
Tract; said corner being the Northwest corner of Lot No. 5, Block
No. 2 of Stoneridge Lakes Section One Subdivision (Volume 23, Pages
353, 354, 355 and 356; Plat Records of Brazoria County, Texas) and
being in an Easterly line of Lot No. 4, Block No. 2 of said
Stoneridge Lakes Section One Subdivision; said corner being the
Southwest corner of this 37.544 Acre Tract;
THENCE North 2 degrees 16 minutes 28 seconds West, at 11.19
feet pass a 5/8 inch diameter iron rod with aluminum cap in concrete
found for the Northeast corner of said Lot No. 4, at 659.37 feet
pass a 3/4 inch diameter iron rod found for reference, in all 675.48
feet along the Westerly line of said call 37.54 Acre Tract and along
the Easterly line of a call 10 Acre Tract (Brazoria County Clerk
File No. 02-057392) to a point for the Northwest corner of this
tract;
THENCE Easterly, along the Northerly line of said call 37.54
Acre Tract being along a line in a drainage ditch, with the
following courses and distances:
North 86 degrees 50 minutes 38 seconds East - 1321.37 feet to
a point for angle;
North 86 degrees 37 minutes 19 seconds East - 1094.29 feet toa
point for the Northeast corner of this tract; said corner being the
Northeast corner of said call 37.54 Acre Tract, being the Northwest
corner of a call 8.58 Acre Tract (Brazoria County Clerk File
No. 01-032189) and bears South 86 degrees 37 minutes, 19 seconds
West - 54.57 feet from a point for the Southwest corner of a 28.703
Acre Tract;
THENCE South 0 degrees 27 minutes 12 seconds East, at 27.84
feet past a 1/2 inch diameter iron rod with cap found for reference,
in all 687.89 feet along the Easterly line of said call 37.54 Acre
Tract being along a Westerly line of said call 8.58 Acre Tract to a
point for the Southeast corner of this tract; said corner being the
Southeast corner of said call 37.54 Acre Tract, being in the
Northerly line of Lot No. 9, Block No. 3 of said Stoneridge Lakes
Section One Subdivision and bears South 87 degrees 1 minute 23
seconds West - 29.00 feet from a 5/8 inch diameter iron rod with
aluminum cap in concrete found for the Northeast corner of said
Stoneridge Lakes Section One Subdivision;
THENCE South 87 degrees 1 minute 23 seconds West (reference
bearing) - 2393.62 feet along the Northerly line of said Stoneridge
Lakes Section One Subdivision to the POINT OF BEGINNING and
containing 37.544 acres of land.
TRACT 2
Being 14.991 acres of land, being the remainder of a call
66.74 Acre Tract of land (Brazoria County Clerk's File
No. 02-036975), and being out of a call 137.24 Acre Tract of land
(Volume 85-226, Page 493; Official Records of Brazoria County,
Texas) being out of Lots 37, 38, 39, 40, 47, 48, 49 and 50 of the
C.W. Palmer Subdivision (Volume 2, Page 29; Plat Records of
Brazoria County, Texas) being in the H.T. & B. Railroad Company
Survey, Section No. 9, Abstract No. 238, Brazoria County, Texas.
BEGINNING at one and one-quarter inch outside diameter iron
pipe found in the existing Easterly right-of-way line of Brazoria
County Road No. 48 (Airline Road - 60 feet wide at this point) for
the Southwest corner of said call 66.74 Acre Tract; said corner
being the Northwest corner of a call 70.96 Acre Tract (Brazoria
County Clerk's File No. 03-004685) and being in the Westerly line
of said call 137.24 Acre Tract; said corner being the Southwest
corner of this 14.991 Acre Tract;
THENCE North 3 degrees 7 minutes 32 seconds West - 166.54 feet
along the Westerly line of said call 66.74 Acre Tract being along
the existing Easterly right-of-way line of said County Road No. 48
to a point for the most Westerly Northwest corner of this tract;
said corner being the most Westerly Southwest corner of Stoneridge
Lakes Section One Subdivision (Volume 23, Pages 353, 354, 355 and
356; Plat Records of Brazoria County, Texas);
THENCE North 87 degrees 1 minute 23 seconds East, at 20.00
feet pass a 5/8 inch diameter iron rod with aluminum cap in concrete
found for reference corner in the Easterly right-of-way line of
said County Road No. 48 (80 feet wide as dedicated), at 304.63 feet
pass the centerline of Lake Ridge Circle (70 feet wide), in all
540.09 feet along a Southerly line of said Stoneridge Lakes Section
One Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
concrete found for interior corner of this tract;
THENCE North 2 degrees 58 minutes 37 seconds West - 67.02 feet
along an Easterly line of said Stoneridge Lakes Section One
Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
concrete found for re-entrant corner of this tract;
THENCE Easterly, along the Southerly lines of said Stoneridge
Lakes Section One Subdivision with the following courses and
distances:
North 87 degrees 1 minute 23 seconds East - 1092.26 feet to a
point for corner;
Along a tangent curve to the right with the following curve
data:
Delta: 81 Degrees, 37 Minutes, 19 Seconds
Radius: 235.00 feet
Length: 334.77 feet
Tangent: 202.93 feet
Chord: South 52 Degrees, 9 Minutes, 58 Seconds East - 307.18
feet to a point for corner;
North 87 degrees 1 minute, 23 seconds East, at 55.93 feet past
a 5/8 inch diameter iron rod found for reference in the Westerly
line of a 130 foot wide drainage easement, at 185.93 feet pass a 5/8
inch diameter iron rod found for reference in the Easterly line of
said 130 foot wide drainage easement, at 476.85 feet pass the
centerline of said Lake Ridge Circle, in all 715.35 feet to a 5/8
inch diameter iron rod with aluminum cap in concrete found for
interior corner of this tract;
THENCE North 2 degrees 58 minutes 37 seconds West - 440.76
feet along an Easterly line of said Stonebridge Lakes Section One
Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
concrete found for re-entrant corner of this tract;
THENCE North 87 degrees 1 minute 23 seconds East - 470.04 feet
along a Southerly line of said Stoneridge Lakes Section One
Subdivision to a 5/8 inch diameter iron rod with aluminum cap in
concrete found for the Northeast corner of this tract; said corner
being the most Easterly Southeast corner of said Stoneridge Lakes
Section One Subdivision and being in the Easterly line of said call
66.74 Acre Tract;
THENCE South 2 degrees 17 minutes 8 seconds East - 486.94 feet
along the Easterly line of said call 66.74 Acre Tract being along
the bank of a drainage ditch to a 5/8 inch diameter iron rod with
plastic cap set for the Southeast corner of this tract; said corner
being the Southeast corner of said call 66.74 Acre Tract, the
Northeast corner of said 70.956 Acre Tract and bears North 2
Degrees, 17 Minutes, 8 Seconds West - 1020.95 feet from a 3/4 inch
diameter iron rod found for the Southeast corner of said call 137.24
Acre Tract;
THENCE South 87 degrees 16 minutes 27 seconds West (reference
bearing), at 993.60 feet pass the Easterly line of said 130 foot
wide drainage easement, at 1123.60 feet pass the Westerly line of
said 130 foot wide drainage easement, in all 3043.95 feet along the
Southerly line of said call 66.74 Acre Tract and along the Northerly
line of said call 70.96 Acre Tract to the POINT OF BEGINNING and
containing 14.991 acres of land.
TRACT 3
Being 70.956 acres of land, being a called 70.96 Acre Tract of
land (Brazoria County Clerk's File No. 03-004685), and being out of
a called 137.24 Acre Tract of land (Volume 85-226, Page 493;
Official Records of Brazoria County, Texas) being out of Lots 37,
38, 39, 40, 47, 48, 49 and 50 of the C.W. Palmer Subdivision (Volume
2, Page 29; Plat Records of Brazoria County, Texas) being in the
H.T. & B. Railroad Company Survey, Section No. 9, Abstract No. 238,
Brazoria County, Texas.
BEGINNING at a one and one-quarter inch outside diameter iron
pipe found in the existing Easterly right-of-way line of Brazoria
County Road No. 48 (Airline Road - 60 feet wide at this point) for
the Northwest corner of said call 70.96 Acre Tract; said corner
being the Southwest corner of a 14.991 Acre Tract, being the
Southwest corner of a call 66.74 Acre Tract (Brazoria County
Clerk's File No. 02-036975) and being in the Westerly line of said
call 137.24 Acre Tract; said corner being the Northwest corner of
this tract;
THENCE North 87 degrees 16 minutes 27 seconds East (reference
bearing), at 1920.35 feet pass the Westerly line of a 130 foot wide
drainage easement, at 2050.35 feet pass the Easterly line of said
130 foot wide drainage easement, in all 3043.95 feet along the
Northerly line of said call 70.96 Acre Tract, being along the
Southerly line of said 14.991 Acre Tract and along the Southerly
line of said call 66.74 Acre Tract to a 5/8 inch diameter iron rod
with plastic cap set for the Northeast corner of this tract; said
corner being the Southeast corner of said 14.991 Acre Tract and
bears South 2 degrees 17 minutes 8 seconds East - 486.94 feet from a
5/8 inch diameter iron rod with aluminum cap in concrete found for
the most Easterly Southeast corner of Stoneridge Lakes Section One
Subdivisions (Volume 23, Pages 353, 354, 355, and 356; Plat Records
of Brazoria County, Texas);
THENCE South 2 degrees 17 minutes 8 seconds East - 1020.95
feet along the Easterly line of said call 70.96 Acre Tract, along
the Easterly line of said call 137.24 Acre Tract and along the
Westerly line of a call 8.58 Acre Tract (Brazoria County Clerk File
No. 01-032189) to a 3/4 inch diameter iron rod found for the
Southeast corner of this tract; said corner being the Southeast
corner of said call 70.96 Acre Tract being the Southwest corner of
said call 8.58 Acre Tract and bears South 87 degrees 55 minutes 39
seconds West - 80.00 feet from a 1/2 inch diameter iron rod with a
cap found for the Southwest corner of a 74.337 Acre Tract;
THENCE South 87 degrees 16 minutes 27 seconds West, at 902.33
feet pass the Easterly line of said 130 foot wide drainage easement,
at 1032.33 feet pass the Westerly line of said 130 foot wide
drainage easement, at 2962.33 feet pass North 2 degrees 43 minutes
33 seconds West - 11.82 feet from a one and one-quarter inch outside
diameter iron pipe found for reference, in all 2987.26 feet along
the Southerly line of said call 70.96 Acre Tract, along the
Southerly line of said call 137.24 Acre Tract and along the
Northerly line of a call 264.481750 Acre Tract (Second Tract,
Volume 1147, Page 483, Deed Records of Brazoria County, Texas) to a
5/8 inch diameter iron rod with plastic cap set for the Southwest
corner of this tract;
THENCE Northwesterly, along the Westerly line of said call
70.96 Acre Tract, along the Westerly line of said call 137.24 Acre
Tract and along the Easterly right-of-way line of said Brazoria
County Road No. 48 (60 feet wide at this point) as fenced with the
following courses and distances:
North 8 degrees 33 minutes 53 seconds West - 440.19 feet to a
point for angle;
North 3 degrees 7 minutes 32 seconds West - 583.03 feet to the
POINT OF BEGINNING and containing 70.956 acres of land.
TRACT 4
Being 243.807 Acres of land, being all of Lots 1, 2 and 3, and
also that portion of a 60 foot wide road lying between said Lots 1
and 2 of the Bogart and Taylor Subdivision of the West 1/2 of the
W.D.C. Hall League, Abstract 69 according to the Plat recorded in
Volume 1, Page 64 of the map records of Brazoria County, Texas; said
60 foot platted right-of-way being closed, abandoned, and vacated
by the Commissioners' Court at the petition of Claud B. Hamill and
other freeholders per Volume 1269, Page 945 and Volume 1277, Page
900, B.C.D.R.; said 243.807 Acres being more particularly described
as follows:
BEGINNING at a found 1/2 inch iron rod with cap, the Northwest
Corner of Lot 1, of said Subdivision the Northwest corner of this
tract;
THENCE North 87 degrees 01 minutes 49 seconds East, along the
North lines of said Lots 1, 2, 3, and the North end of said 60 foot
road, same being the South lines of Lots 163-191 of Grasslands
Subdivision (aka "Old Airline Road Estates"), a called 140.024 acre
unrecorded subdivision out of Lots 35, 41-45, 51-55 and portions of
Lots 36, 46, 56 and 57 of the CW Palmer Subdivision of Section 9,
HT&B RR Company Survey, A-238, as recorded in Volume 2, Page 29,
BCPR, a distance of 4026.98 feet to a set 1/2 inch iron rod with cap,
on the West line of Airline Road/County Road 48, the Northeast
corner of Lot 3 as shown on said Plat of Bogart and Taylor;
THENCE South 02 degrees 56 minutes 12 seconds East, along the
West line of Airline Road, a distance of 2637.27 feet to a set 1/2
inch iron rod on the North line of Adams Road/County Road 841, the
Southeast corner of Lot 3 as shown on said Plat of Bogart and
Taylor;
THENCE South 87 degrees 01 minutes 49 seconds West, along the
North line of Adams Road, a distance of 4026.98 feet to a set 1/2
inch iron rod, the Southwest corner of Lot 1 as shown on said Plat of
Bogart and Taylor;
THENCE North 02 degrees 56 minutes 12 seconds West, along the
West line of said Lot 1, same being the East line of that called
264.533 Acre Tract of land as described by deed recorded in Brazoria
County Clerk's File No. 2005-069871, a distance of 2637.27 feet to
the POINT OF BEGINNING, and containing 243.807 acres of land, more
or less, and being that same tract of land as described in the deed
from J.O. Garrett, Trustee, to Claud B. Hamill recorded in Volume
1175, Page 763 (as to Lot 1) and Alice Cannon Carlson to Claud B.
Hamill recorded as "First Tract" in Volume 1147, Page 483 (as to
Lots 2 and 3), and portion of the right-of-way as abandoned by the
County in Volume 1269, Page 945 and Volume 1277, Page 900, all of
the deed records of Brazoria County, Texas, to which deeds and the
records thereof reference is here made for all appropriate
purposes.
TRACT 5
Being 203.29 Acres of land, out of Lots 4, 5, and 6 of the
Bogart and Taylor Subdivision of the West 1/2 of the W.D.C. Hall
League, Abstract 69, according to the Plat recorded in Volume 1,
Page 64 of the Map Records of Brazoria County, Texas (B.C.M.R.), and
being more particularly described by metes and bounds as follows:
BEGINNING at a found 1 inch pipe the Northwest corner of Lot
4, said point being located in the East right-of-way line of Airline
Road / County Road 48, with said point also being the Northwest
corner of this tract and the POINT OF BEGINNING;
THENCE North 86 degrees 57 minutes 02 seconds East, along the
North line of Lots 4, 5, and 6, same being the South lines of that
called 70.96 Acre Tract as described by deed recorded in B.C.C.F.
No. 03-004685 out of Lots 47-50 of the CS Palmer Subdivision of
Section 9 of the HT&B RR Company Survey, A-238, recorded in Volume
2, Page 29, B.C.M.R., distance of 2974.14 feet to a set 1/2 inch
iron rod with cap at point of intersection;
THENCE North 87 degrees 35 minutes 00 seconds East,
continuing along the North line of Lot 6, same being the South lines
of that called 74.33 Acre Tract described by deed recorded in
B.C.C.F. No. 03-064681 (therein called "Tract 1") out of the CM
Hays Survey, Section 8, A-534, a distance of 382.13 feet for the
Northeast corner of this tract;
THENCE South 03 degrees 00 minutes 50 seconds East, a
distance of 2,633.04 feet for the Southeast corner of this tract,
said point being located in the North right-of-way line of Adams
Road / County Road 841, a public road, presently unopened;
THENCE South 86 degrees 57 minutes 02 seconds West, along the
North right-of-way line of Adams Road, a distance of 3,359.80 feet
to a set 1/2 inch iron rod with cap for the Southwest corner of this
tract, said point also being the Southwest corner of Lot 4 and being
located in the East right-of-way line of Airline Road;
THENCE North 02 degrees 56 minutes 12 seconds West, along the
East right-of-way line of Airline Road, a distance of 2,637.27 feet
to the POINT OF BEGINNING and containing 203.29 acres of land, more
or less, and being a part of the same property described in the deed
"Tract B" as described in the Clerk's File No. 2008-037928 of
Brazoria County, Texas, to which deed and the record thereof
reference is here made for all appropriate purposes.
TRACT 6
Being 185.59 acres of land, being a part of that certain
called 325.54 Acre Tract containing Lots 12, 13, and 14, and those
platted roads lying between said Lots, of the Bogart and Taylor
Subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69,
Brazoria County, Texas, according to the Plat recorded in Volume 1,
Page 64, Plat Records, and Volume 16, Pages 518-519, Deed Records of
Brazoria County, Texas (B.C.D.R), and being a part of that certain
called 326.04 Acre Tract described in a deed from Elmer M. Cannon,
Jr. to Tehama Communities, LLP recorded in Clerk's File (C.F.)
2006-074531, said 185.59 Acre Tract being more particularly
described as follows:
BEGINNING at a 1/2 inch iron rod found in the West
right-of-way line of County Road 48 (60.0 feet wide), said point
being a Northeast corner of this tract and the Southeast corner of a
tract described as Tract One in a deed to Allen W. Gibson recorded
in C.F. 2001-017726, said point being located South 03 degrees 02
minutes 44 seconds East, 990.09 feet, from a sucker rod found at the
intersection of the West right-of-way line of County Road 48 with
the South right-of-way line of County Road 841 (60.0 feet wide);
THENCE South 03 degrees 02 minutes 44 seconds East, along said West
right-of-way line of County Road 48, 330.0 feet, to a point for
corner a the Northeast corner of the Ann M. Doggett Tract described
in Volume 1474, Page 244, B.C.D.R.; THENCE South 86 degrees 56
minutes 42 seconds West, along the North line of said Doggett Tract,
at 7.0 feet pass a 1/2 inch iron rod set for reference, and continue
for a total distance of 1,318.61 feet to a 1/2 inch iron rod found
inside a 3 inch iron pipe at the Northwest corner of said Doggett
Tract;
THENCE South 02 degrees 56 minutes 25 seconds East, along the
West line of said Doggett Tract, 330.30 feet, to a 1/2 inch iron rod
found inside a 3 inch iron pipe at the Southwest corner of said
Doggett Tract;
THENCE North 86 degrees 56 minutes 42 seconds East, along the
South line of said Doggett Tract, at 1,311.87 feet pass a 1 inch
iron pipe found, and continue for a total distance of 1319.22 feet
to a point marking the Southeast corner of said Doggett Tract in
said West right-of-way line of said County Road 48;
THENCE South 03 degrees 02 minutes 44 seconds East, along
said West right-of-way line of County Road 48, 979.20 feet, to the
centerline of a 60.0 foot platted road (not open) for corner, said
point being the Eastern most Southeast corner of the herein
described tract;
THENCE South 86 degrees 57 minutes 14 seconds West, along
said centerline of a 60.0 foot platted road, 3,882.14 feet, to the
Southern most Southwest corner of the herein described tract for
corner, said point also lying in the Northeast right-of-way line of
F.M. 521 (100.0 feet wide);
THENCE North 18 degrees 47 minutes 40 seconds West, along
said Northeast right-of-way line of F.M. 521, 449.11 feet, to a
broken concrete monument found for corner in the common line of the
W.D.C. Hall League, Abstract 69, and the John Hall League, Abstract
68, said point being the Southern most corner of the Earl A. Key
Tract described in C.F. 1998-045344;
THENCE North 03 degrees 15 minutes 37 seconds West, along the
said common line of the W.D.C. Hall League, Abstract 69, and the
John Hall League, Abstract 68, being the Easterly line of said Key
Tract, the Key Tract described in C.F. 1998-028462, the William E.
Murphy Tract described in C.F. 2001-009763, the Nicholas O.
Martinez Tract described in C.F. 2002-037450, the Danny Netterville
Tract described in C.F. 2007-015818, the David Sauceda Tract
described in C.F. 2003-004766, the Ifeoma A. Nwankwo Tract
described in C.F. 2004-044384, the Larry Robinson Tract described
in C.F. 2003-038622, the Roque Arredondo Tract described in C.F.
2005-046389, and the Sierra Homes Tract described in C.F.
2006-059259, passing several 1/2 inch iron rods found on line,
2,179.53 feet, to a 3/4 inch iron pipe set for the Western most
Northwest corner of the herein described tract at the Northwest
corner of Lot 14, from which point a 1 - 1/2 inch iron pipe found
bears South 86 degrees 10 minutes 54 seconds West, 1.96 feet;
THENCE North 86 degrees 10 minutes 54 seconds East, along the
said North line of Lot 14 and the South line of a 60.0 foot platted
road, 1,341.71 feet, to a 3/4 inch iron pipe set for the Northern
most Northeast corner of the herein described tract in the
centerline of a 60.0 foot platted road (not open), from which point
a 1/2 inch iron pipe found at the Northwest corner of Lot 13 bears
North 86 degrees 10 minutes 54 seconds East, 30.0 feet; THENCE South
03 degrees 04 minutes 59 seconds East, along the centerline of said
60.0 foot platted road, 659.44 feet, to a 3/4 inch iron pipe set for
corner;
THENCE North 86 degrees 59 minutes 02 seconds East, at 30.0
feet pass a 1- 1/4 inch iron pipe found in the East line of said 60.0
foot road at the Southwest corner of the Ronny Dumesnil Tract
escribed in Volume 1237, Page 638, B.C.D.R., and continue along the
South line of said Dumesnil Tract, the Jon S. Dumesnil Tract
described in Volume (92) 1029, Page 564, Official Records, the
Scott G. Frankie Tract described in C.F. 1997-033820, the Scott G.
Frankie Tract described in C.F. 2004-013757, and the Jan Felder
Tract described in Volume 1670, Page 241, B.C.D.R., 2,009.58 feet,
to a 1 inch iron pipe found for corner in the West line of the Allen
W. Gibson Tract Two described in C.F. 2001-017726;
THENCE South 03 degrees 06 minutes 52 seconds East, along the
said West line of the Gibson Tract Two and Tract One, 329.95 feet,
to a 1- 1/4 inch iron pipe found at the Southwest corner of said
Gibson Tract One;
THENCE North 86 degrees 56 minutes 43 seconds East, along the
South line of said Gibson Tract One, 660.22 feet to the POINT OF
BEGINNING and containing 185.59 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) Section 9090.0306, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 9090, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 9090.0306 to read as follows:
Sec. 9090.0306. 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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4606 was passed by the House on May 8,
2021, by the following vote: Yeas 115, Nays 24, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4606 was passed by the Senate on May
27, 2021, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor