H.B. No. 4074
 
 
 
 
AN ACT
  relating to the creation of the Montgomery County Municipal Utility
  District No. 102; providing authority to impose taxes and issue
  bonds.
         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 8263 to read as follows:
  CHAPTER 8263. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 102
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8263.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a member of the board.
               (3)  "District" means the Montgomery County Municipal
  Utility District No. 102.
         Sec. 8263.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Montgomery County created under and
  essential to accomplish the purposes of Section 59, Article XVI,
  Texas Constitution.
         Sec. 8263.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8263.023 before September 1, 2015:
               (1)  the district is dissolved September 1, 2015,
  except that the district shall:
                     (A)  pay any debts incurred;
                     (B)  transfer to Montgomery County any assets that
  remain after the payment of debts; and
                     (C)  maintain the organization of the district
  until all debts are paid and remaining assets are transferred; and
               (2)  this chapter expires September 1, 2016.
         Sec. 8263.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)  
  All land and other property included in the district will benefit
  from the improvements and services to be provided by the district.
         (b)  The district is created to accomplish:
               (1)  the purposes of a municipal utility district as
  provided by general law; and
               (2)  to the extent authorized by Section 52, Article
  III, Texas Constitution, the construction, acquisition,
  improvement, maintenance, or operation of arterial or main feeder
  roads or improvements in aid of those roads.
         Sec. 8263.005.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating 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 or collect an assessment or tax; or
               (4)  legality or operation.
  [Sections 8263.006-8263.020 reserved for expansion]
  SUBCHAPTER A-1.  TEMPORARY PROVISIONS
         Sec. 8263.021.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Kirk Laguarta;
               (2)  Jill Welmer;
               (3)  Brent Brentzel;
               (4)  Jenrose Foshee; and
               (5)  Nathan Giessinger.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date initial directors are elected under
  Section 8263.023; or
               (2)  the date this subchapter expires under Section
  8263.025.
         Sec. 8263.022.  ORGANIZATIONAL MEETING OF TEMPORARY
  DIRECTORS. As soon as practicable after all the temporary
  directors have qualified under Section 49.055, Water Code, the
  temporary directors shall meet at a location in the district
  agreeable to a majority of the directors. At the meeting, the
  temporary directors shall elect officers from among the temporary
  directors and conduct any other district business.
         Sec. 8263.023.  CONFIRMATION AND INITIAL DIRECTORS'
  ELECTION. Not later than the second anniversary of the
  organizational meeting held under Section 8263.022, the temporary
  directors shall hold an election to confirm the creation of the
  district and to elect five initial directors as provided by Section
  49.102, Water Code.
         Sec. 8263.024.  INITIAL ELECTED DIRECTORS; TERMS.  Unless
  the initial board otherwise agrees, the directors elected under
  Section 8263.023 shall draw lots to determine which two shall serve
  until the first regularly scheduled election of directors under
  Section 8263.052 and which three shall serve until the second
  regularly scheduled election of directors.
         Sec. 8263.025.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2015.
  [Sections 8263.026-8263.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8263.051.  DIRECTORS; TERMS.  (a)  The district is
  governed by a board of five directors.
         (b)  Except for temporary or initial directors, directors
  serve staggered four-year terms.
         Sec. 8263.052.  ELECTION OF DIRECTORS. On the uniform
  election date in May of each even-numbered year, the appropriate
  number of directors shall be elected.
  [Sections 8263.053-8263.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8263.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  (a)  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.
         (b)  The district has the powers and duties necessary to
  accomplish the purposes for which the district is created.
         Sec. 8263.102.  ROAD PROJECTS.  (a)  To the extent authorized
  by Section 52, Article III, Texas Constitution, the district may
  acquire, construct, or finance a road that meets the criteria or
  requirements for a thoroughfare, arterial, or collector road of the
  county in which the road is located or the municipality in whose
  corporate limits or extraterritorial jurisdiction the road is
  located or improvements in aid of that road.
         (b)  A road project must meet all applicable standards,
  regulations, and ordinances of the municipality or county in whose
  jurisdiction the district is located.
         Sec. 8263.103.  RECREATIONAL FACILITIES; LIMIT ON EMINENT
  DOMAIN POWER. (a) In this section, "recreational facilities" and
  "develop and maintain" have the meanings assigned by Section
  49.462, Water Code.
         (b)  The district may develop and maintain recreational
  facilities.
         (c)  The district may not, for the development or maintenance
  of a recreational facility, acquire by condemnation land, an
  easement, or other property inside or outside the district.
         Sec. 8263.104.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
  54.016, Water Code, the district shall comply with all applicable
  requirements of any ordinance or resolution adopted by the
  governing body of the municipality that consents to the creation of
  the district or to the inclusion of lands within the district.
  [Sections 8263.105-8263.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8263.151.  ELECTIONS REGARDING TAXES OR BONDS. (a)  The
  district may issue, without an election, bonds and other
  obligations secured by revenue or contract payments from any source
  other than ad valorem taxation.
         (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 operation and maintenance tax or
  issue bonds payable from ad valorem taxes.
         Sec. 8263.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8263.151, 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.
  [Sections 8263.153-8263.200 reserved for expansion]
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec.  8263.201.  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, grants, or other district money, or any combination of
  those sources, to pay for any authorized district purpose.
         Sec. 8263.202.  BONDS FOR ROAD PROJECTS.  (a)  The district
  may not issue bonds to finance projects authorized by Section
  8263.102 unless the issuance is approved by a vote of a two-thirds
  majority of the voters of the district voting at an election called
  for that purpose.
         (b)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 8263.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         Sec. 8263.203.  BONDS FOR RECREATIONAL FACILITIES. If
  authorized at an election under Section 8263.151, the district may
  issue bonds payable from ad valorem taxes to pay for the development
  and maintenance of recreational facilities.
         Sec. 8263.204.  TAXES FOR BONDS. At the time bonds payable
  wholly or partly from ad valorem taxes are issued:
               (1)  the board shall impose a continuing direct annual
  ad valorem tax, without limit as to rate or amount, for each year
  that all or part of the bonds are outstanding; and
               (2)  the district annually shall impose an ad valorem
  tax on all taxable property in the district in an amount sufficient
  to:
                     (A)  pay the interest on the bonds as the interest
  becomes due;
                     (B)  create a sinking fund for the payment of the
  principal of the bonds when due or the redemption price at any
  earlier required redemption date; and
                     (C)  pay the expenses of imposing the taxes.
         SECTION 2.  The Montgomery County Municipal Utility District
  No. 102 initially includes all the territory contained in the
  following area:
  TRACT 1
  All that certain 527.832 acre (22,992,348 square feet) parcel of
  land situated in the Joseph A. Parker Survey, Abstract Number 418,
  and the R.N. Davis Survey, Abstract Number 161, both in Montgomery
  County, Texas, and being a portion of that certain call 1,554.570
  acre tract described in a Warranty Deed to Pacific Indio
  Properties, Inc. recorded in Clerk's File Number 2006-013955 of the
  Official Public Records of Real Property at Montgomery County,
  Texas (O.P.R.R.P.M.C.T.), said 527.832 acre tract being more
  particularly described by metes and bounds as follows: (All
  bearings are referenced to the Texas State Plane Coordinate System,
  South Central Zone)
  BEGINNING at a 5/8 inch iron rod with plastic cap stamped "D L HARDY
  RPLS 4847" found for the northwest corner of that certain call 640.6
  acre tract described in a Warranty Deed with Reservation of
  Minerals to J.R. Development, Inc., in Clerk's Number 2002-062840
  of the O.P.R.R.P.M.C.T.;
  THENCE, through and across said 1,554.570 acre tract, the following
  five (5) courses:
        1)  South 56 Degrees 12 Minutes 55 Seconds West, a distance of
  1,094.52 feet to an angle point;
        2)  South 68 Degrees 19 Minutes 38 Seconds West, a distance of
  879.85 feet to an angle point;
        3)  South 29 Degrees 19 Minutes 18 Seconds West, a distance of
  643.72 feet to an angle point;
        4)  South 43 Degrees 22 Minutes 37 Seconds West, a distance of
  243.84 feet to an angle point;
        5)  South 76 Degrees 01 Minute 00 Seconds West, a distance of
  404.61 feet to a point in the easterly right-of-way
  (R.O.W.) line of proposed Townsen Road (100 feet wide);
  THENCE, continuing through and across said 1,554.570 acre tract,
  and with the easterly and northeasterly R.O.W. line of said Townsen
  Road, the following five (5) courses:
        1)  620.73 feet along the arc of a curve to the right having a
  radius of 1,950.00 feet, a central angle of 18 Degrees 14
  Minutes 19 Seconds, and a chord that bears North 13 Degrees
  07 Minutes 32 Seconds West, a distance of 618.11 feet;
        2)  North 04 Degrees 00 Minutes 22 Seconds West, a distance of
  478.81 feet to the beginning of a curve to the left;
        3)  1,550.83 feet along the arc of said curve to the left
  having a radius of 3,050.00 feet, a central angle of 29
  Degrees 07 Minutes 59 Seconds, and a chord that bears North
  18 Degrees 34 Minutes 22 Seconds West, a distance of
  1,534.17 feet;
        4)  North 33 Degrees 08 Minutes 21 Seconds West, a distance of
  428.13 feet to the beginning of a curve to the left;
        5)  1,751.25 feet along the arc of said curve to the left
  having a radius of 2,050.00 feet, a central angle of 48
  Degrees 56 Minutes 46 Seconds, and a chord that bears North
  57 Degrees 36 Minutes 44 Seconds West, a distance of
  1,698.49 feet to the intersection of the northeasterly
  R.O.W. line of proposed Townsen Road with the easterly
  R.O.W. line of a proposed 100 foot wide R.O.W.;
  THENCE, continuing through and across said 1,554.570 acre tract,
  and with the easterly and northeasterly line of said proposed 100
  foot wide R.O.W., the following four (4) courses:
        1)  North 06 Degrees 31 Minutes 01 Second East, a distance of
  17.93 feet to the beginning of a curve to the left;
        2)  3,090.25 feet along the arc of said curve to the left
  having a radius of 2,050.00 feet, a central angle of 86
  Degrees 22 Minutes 12 Seconds, and a chord that bears North
  36 Degrees 40 Minutes 05 Seconds West, a distance of
  2,805.86 feet;
        3)  North 79 Degrees 51 Minutes 11 Seconds West, a distance of
  366.40 feet to the beginning of a curve to the right;
        4)  1,318.62 feet along the arc of said curve to the right
  having a radius of 1,950.00 feet, a central angle of 38
  Degrees 44 Minutes 39 Seconds, and a chord that bears North
  60 Degrees 28 Minutes 51 Seconds West, a distance of
  1,293.64 feet to the intersection of the easterly line of
  said proposed 100 foot wide R.O.W. with the northerly line
  of said 1,554.570 acre tract;
  THENCE, with the northerly line of said 1,554.570 acre tract, North
  59 Degrees 49 Minutes 41 Seconds East, a distance of 2.21 feet to a
  5/8 inch iron rod with plastic cap stamped "CDS/MUERY S.A. TX."
  found for the southwest corner of that certain call 915 acre
  Conservation Easement and an angle point in said 1,554.570 acre
  tract and the herein described tract;
  THENCE, with the southerly line of said 915 acre Conservation
  Easement and the northerly line of said 1,554.570 acre tract and the
  herein described tract, North 50 Degrees 39 Minutes 59 Seconds
  East, a distance of 3,159.31 feet to a 5/8 inch iron rod with
  plastic cap stamped "CDS/MUERY S.A. TX." found for an angle point in
  said 915 acre Conservation Easement and the herein described tract;
  THENCE, continuing with the southerly line of said 915 acre
  Conservation Easement and the northerly line of the herein
  described tract, South 76 Degrees 45 Minutes 40 Seconds East, at
  1,553.40 feet pass a 5/8 inch iron rod stamped "CDS/MUERY S.A. TX."
  found for reference, and continue, in all, a distance of 1,753.61
  feet to a point on the west high bank of the West Fork of the San
  Jacinto River for an angle point of the herein described tract;
  THENCE, with the meanders of the west bank of the West Fork of the
  San Jacinto River, the following forty eight (48) courses:
        1)  South 30 Degrees 22 Minutes 24 Seconds West, a distance of
  56.07 feet;
        2)  South 45 Degrees 58 Minutes 13 Seconds West, a distance of
  40.83 feet;
        3)  South 46 Degrees 19 Minutes 57 Seconds West, a distance of
  69.31 feet;
        4)  South 42 Degrees 10 Minutes 45 Seconds West, a distance of
  76. 52 feet;
        5)  South 40 Degrees 13 Minutes 52 Seconds West, a distance of
  78.33 feet;
        6)  South 46 Degrees 53 Minutes 30 Seconds West, a distance of
  79.44 feet;
        7)  South 53 Degrees 07 Minutes 53 Seconds West, a distance of
  65.22 feet;
        8)  South 56 Degrees 09 Minutes 36 Seconds West, a distance of
  65.51 feet;
        9)  South 58 Degrees 48 Minutes 22 Seconds West, a distance of
  79.13 feet;
        10)  South 50 Degrees 41 Minutes 06 Seconds West, a distance of
  86.81 feet;
        11)  South 38 Degrees 51 Minutes 13 Seconds West, a distance of
  445.76 feet;
        12)  South 08 Degrees 36 Minutes 30 Seconds West, a distance of
  155.51 feet;
        13)  South 04 Degrees 38 Minutes 42 Seconds East, a distance of
  158.47 feet;
        14)  South 26 Degrees 22 Minutes 18 Seconds East, a distance of
  464.19 feet;
        15)  South 41 Degrees 04 Minutes 43 Seconds East, a distance of
  291.77 feet;
        16)  South 46 Degrees 32 Minutes 40 Seconds East, a distance of
  166.24 feet;
        17)  South 63 Degrees 38 Minutes 58 Seconds East, a distance of
  129.80 feet;
        18)  South 76 Degrees 54 Minutes 46 Seconds East, a distance of
  183.21 feet;
        19)  South 76 Degrees 35 Minutes 35 Seconds East, a distance of
  142.77 feet;
        20)  South 85 Degrees 17 Minutes 14 Seconds East, a distance of
  91.08 feet;
        21)  North 73 Degrees 21 Minutes 11 Seconds East, a distance of
  114.45 feet;
        22)  North 75 Degrees 00 Minutes 21 Seconds East, a distance of
  82.76 feet;
        23)  North 75 Degrees 17 Minutes 10 Seconds East, a distance of
  156.41 feet;
        24)  North 80 Degrees 37 Minutes 30 Seconds East, a distance of
  179.16 feet;
        25)  South 88 Degrees 32 Minutes 27 Seconds East, a distance of
  112.81 feet;
        26)  South 66 Degrees 19 Minutes 02 Seconds East, a distance of
  252.55 feet;
        27)  South 46 Degrees 37 Minutes 09 Seconds East, a distance of
  142.93 feet;
        28)  South 59 Degrees 26 Minutes 36 Seconds East, a distance of
  71.26 feet;
        29)  South 49 Degrees 58 Minutes 30 Seconds East, a distance of
  94.49 feet;
        30)  South 48 Degrees 25 Minutes 09 Seconds East, a distance of
  94.68 feet;
        31)  South 52 Degrees 24 Minutes 30 Seconds East, a distance of
  107.26 feet;
        32)  South 48 Degrees 14 Minutes 34 Seconds East, a distance of
  98.37 feet;
        33)  South 51 Degrees 22 Minutes 58 Seconds East, a distance of
  68.56 feet;
        34)  South 24 Degrees 15 Minutes 08 Seconds East, a distance of
  88.72 feet;
        35)  South 18 Degrees 47 Minutes 45 Seconds East, a distance of
  94.31 feet;
        36)  South 05 Degrees 46 Minutes 32 Seconds West, a distance of
  90.96 feet;
        37)  South 01 Degree 09 Minutes 42 Seconds East, a distance of
  83.27 feet;
        38)  South 15 Degrees 38 Minutes 15 Seconds West, a distance of
  94.81 feet;
        39)  South 01 Degrees 38 Minutes 35 Seconds West, a distance of
  89.05 feet;
        40)  South 12 Degrees 51 Minutes 45 Seconds West, a distance of
  192.88 feet;
        41)  South 30 Degrees 35 Minutes 53 Seconds East, a distance of
  184.94 feet;
        42)  South 47 Degrees 16 Minutes 08 Seconds East, a distance of
  186.66 feet;
        43)  South 56 Degrees 42 Minutes 16 Seconds East, a distance of
  211.00 feet;
        44)  South 59 Degrees 28 Minutes 08 Seconds East, a distance of
  308.02 feet;
        45)  South 80 Degrees 02 Minutes 13 Seconds East, a distance of
  172.28 feet;
        46)  South 87 Degrees 04 Minutes 25 Seconds East, a distance of
  234.54 feet;
        47)  North 68 Degrees 19 Minutes 10 Seconds East, a distance of
  263.23 feet;
        48)  North 58 Degrees 17 Minutes 31 Seconds East, a distance of
  247.63 feet;
  THENCE, departing the meanders of the west bank of Spring Creek and
  with the easterly line of said 1,554.570 acre tract, South 31
  Degrees 42 Minutes 29 Seconds East, a distance of 133.36 feet to a
  5/8 inch iron rod with plastic cap stamped "D L HARDY RPLS 4847"
  found for the northwest corner of that certain call 19.00 acre
  Conservation Easement described in a deed to Legacy Land Trust,
  Inc. in M.C.C.F. Number 2003-032879 for an angle point in the herein
  described tract;
  THENCE, with the northwesterly line of said 19.00 acre Conservation
  Easement, South 15 Degrees 11 Minutes 58 Seconds West, a distance of
  878.75 feet to a 5/8 inch iron rod with plastic cap stamped "D L
  HARDY RPLS 4847" found in the northeasterly line of that certain
  call 74.000 acre Conservation Easement described in a deed to
  Legacy Land Trust, Inc. in M.C.C.F. Number 2002-017148 for an angle
  point in the herein described tract;
  THENCE, counterclockwise, with the northeasterly, westerly and
  southwesterly boundary of said 74.000 acre Conservation Easement,
  the following seven (7) courses:
        1)  North 65 Degrees 42 Minutes 43 Seconds West, a distance of
  1,117.88 feet to a 5/8 inch iron rod with plastic cap
  stamped "D L HARDY RPLS 4847" found for an angle point;
        2)  North 63 Degrees 01 Minute 15 Seconds West, a distance of
  214.00 feet to a 5/8 inch iron rod with plastic cap stamped
  "D L HARDY RPLS 4847" found for the upper northwest corner
  of said 74.000 acre Conservation Easement and an angle
  point for the herein described tract;
        3)  South 57 Degrees 07 Minutes 08 Seconds West, a distance of
  727.10 feet to a 5/8 inch iron rod with plastic cap stamped
  "CDS/MUERY S.A. TX." found for the lower northwest corner
  of said 74.000 acre Conservation Easement and an angle
  point in the herein described tract;
        4)  South 20 Degrees 38 Minutes 34 Seconds East, a distance of
  196.61 feet to a 5/8 inch iron rod with plastic cap stamped
  "BENCHMARK ENGR." set for an angle point in said 74.000
  acre Conservation Easement and the herein described tract;
        5)  South 22 Degrees 11 Minutes 29 Seconds East, a distance of
  893.86 feet to a 5/8 inch iron rod with plastic cap stamped
  "CDS/MUERY S.A. TX." found for the southwest corner of
  said 74.000 acre Conservation Easement and an angle point
  in the herein described tract;
        6)  South 79 Degrees 17 Minutes 46 Seconds East, a distance of
  525.67 feet to a 5/8 inch iron rod with plastic cap stamped
  "CDS/MUERY S.A. TX." found for an angle point in the
  southwesterly line of said 74.000 acre Conservation
  Easement and the herein described tract;
        7)  South 78 Degrees 00 Minutes 36 Seconds East, at 994.32 feet
  pass a 5/8 inch iron rod with plastic cap stamped
  "CDS/MUERY S.A. TX." found for the call common line of said
  R.N. Davis Survey said Joseph A. Parker Survey, and
  continue, in all, a distance of 1,953.24 feet to a 5/8 inch
  iron rod with plastic cap stamped "CDS/MUERY S.A. TX."
  found for the southeast corner of said 74.000 acre
  Conservation Easement and an angle point in the herein
  described tract;
  THENCE, departing the southeast corner of said 74.000 acre
  Conservation Easement, and with the easterly line of said 1,554.570
  acre tract, the following three (3) courses:
        1)  South 46 Degrees 21 Minutes 37 Seconds East, a distance of
  263.57 feet to a 5/8 inch iron rod with plastic cap stamped
  "BENCHMARK ENGR." found for an angle point;
        2)  North 43 Degrees 38 Minutes 23 Seconds East, a distance of
  600.00 feet to a 5/8 inch iron rod with plastic cap stamped
  "BENCHMARK ENGR." found for an angle point;
        3)  North 34 Degrees 46 Minutes 38 Seconds East, at 1,185.84
  feet pass a 5/8 inch iron rod with plastic cap stamped
  "BENCHMARK ENGR." set for reference, and continue, in all,
  a distance of 1,385.84 feet to a to a point on the west bank
  of the West Fork of the San Jacinto River for an angle
  point in the herein described tract;
  THENCE, with the meanders of the west bank of the West Fork of the
  San Jacinto River, the following five (5) courses:
        1)  South 43 Degrees 38 Minutes 03 Seconds East, a distance of
  65.88 feet;
        2)  South 48 Degrees 38 Minutes 46 Seconds East, a distance of
  132.16 feet;
        3)  South 52 Degrees 19 Minutes 01 Second East, a distance of
  87.17 feet;
        4)  South 47 Degrees 26 Minutes 02 Seconds East, a distance of
  86.22 feet;
        5)  South 53 Degrees 17 Minutes 44 Seconds East, a distance of
  73.27 feet;
  THENCE, departing the meanders of the west bank of Spring Creek, and
  with the northerly line of said 640.6 acre tract and the southerly
  line of the herein described tract, South 43 Degrees 38 Minutes 23
  Seconds West, at 99.85 feet pass a 5/8 inch iron rod with plastic
  cap stamped "D L HARDY RPLS 4847" found for reference, and continue,
  in all, a distance of 2,593.77 feet to the POINT OF BEGINNING and
  containing 527.832 acres (22,992,348 square feet) of land.
  TRACT 2
  All that certain 169.830 acre (7,397,783 square feet) parcel of
  land situated in the Joseph A. Parker Survey, Abstract Number 418,
  and the R.N. Davis Survey, Abstract Number 161, both in Montgomery
  County, Texas, and being a portion of that certain call 1,554.570
  acre tract described in a Warranty Deed to Pacific Indio
  Properties, Inc. recorded in Clerk's File Number 2006-013955 of the
  Official Public Records of Real Property at Montgomery County,
  Texas (O.P.R.R.P.M.C.T.), said 169.830 acre tract being more
  particularly described by metes and bounds as follows: (All
  bearings are referenced to the Texas State Plane Coordinate System,
  South Central Zone)
  BEGINNING at a 3/4 inch iron pipe found in the recognized common
  line of said R.N. Davis Survey and said Joseph A. Parker Survey for
  the southeast corner of that certain call 2,883.06 acre tract
  described in a Deed to LGI LAND, L.L.C. in Clerk's File Number
  2004-114162 of the O.P.R.R.P.M.C.T., an interior corner of said
  1,554.570 acre tract, and the southwest corner of the herein
  described tract, and from which a 100D nail found for reference
  bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of
  12.69 feet, and from which a "PK" nail found in a 4 inch wooden post
  bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of
  8.04 feet;
  THENCE, with the easterly line of said 2,883.06 acre tract, the
  upper westerly line of the said 1,554.570 acre tract, and the
  westerly line of the herein described tract, North 30 Degrees 10
  Minutes 19 Seconds West, a distance of 4,002.79 feet to a 5/8-inch
  iron rod with plastic cap stamped "BENCHMARK ENGR." set in the
  southwesterly right-of-way (R.O.W.) line of proposed Townsen Road
  (100 feet wide) for the northwest corner of the herein described
  tract;
  THENCE, through and across said 1,554.570 acre tract, and with the
  southerly and westerly R.O.W. line of said proposed Townsen Road,
  the following six (6) courses:
        1)  North 59 Degrees 50 Minutes 02 Seconds East, a distance of
  147.67 feet to the beginning of a curve to the right;
        2)  2,961.87 feet along the arc of said curve to the right
  having a radius of 1,950.00 feet, a central angle of 87
  Degrees 01 Minute 37 Seconds, and a chord that bears South
  76 Degrees 39 Minutes 10 Seconds East, a distance of
  2,685.25 feet;
        3)  South 33 Degrees 08 Minutes 21 Seconds East, a distance of
  428.13 feet to the beginning of a curve to the right;
        4)  1,499.98 feet along the arc of said curve to the right
  having a radius of 2,950.00 feet, a central angle of 29
  Degrees 07 Minutes 59 Seconds, and a chord that bears South
  18 Degrees 34 Minutes 22 Seconds East, a distance of
  1,483.87 feet;
        5)  South 04 Degrees 00 Minutes 22 Seconds East, a distance of
  478.81 feet to the beginning of a curve to the left;
        6)  139.68 feet along the arc of said curve to the left having
  a radius of 2,050.00 feet, a central angle of 03 Degrees 54
  Minutes 14 Seconds, and a chord that bears South 05 Degrees
  57 Minutes 29 Seconds East, a distance of 139.65 feet to
  the southeast corner;
  THENCE, departing the westerly R.O.W. of proposed Townsen Road,
  continuing through and across said 1,554.570 acre tract, and with
  the southerly line of the herein described tract, the following two
  (2) courses:
        1)  North 87 Degrees 41 Minutes 21 Seconds West, a distance of
  797.17 feet to an angle point;
        2)  South 50 Degrees 32 Minutes 13 Seconds West, a distance of
  889.47 feet to the POINT OF BEGINNING and containing
  169.830 acres (7,397,783 square feet) of land.
  TRACT 3
  All that certain 100.750 acre (4,388,668 square feet) parcel of
  land situated in the R.N. Davis Survey, Abstract Number 161,
  Montgomery County, Texas, and being a portion of that certain call
  1,554.570 acre tract described in a Warranty Deed to Pacific Indio
  Properties, Inc. recorded in Clerk's File Number 2006-013955 of the
  Official Public Records of Real Property at Montgomery County,
  Texas (O.P.R.R.P.M.C.T.) said 100.750 acre tract being more
  particularly described by metes and bounds as follows: (All
  bearings are referenced to the Texas State Plane Coordinate System,
  South Central Zone)
  COMMENCING at a 3/4 inch iron pipe found in the recognized common
  line of said R.N. Davis Survey and the Joseph A. Parker Survey for
  the southeast corner of that certain call 2,883.06 acre tract
  described in a Deed to LGI LAND, L.L.C. in Clerk's File Number
  2004-114162 of the O.P.R.R.P.M.C.T., and an interior corner of said
  1,554.570 acre tract, and from which a 100D nail found for reference
  bears North 35 Degrees 02 Minutes 54 Seconds East, a distance of
  12.69 feet, and from which a "PK" nail found in a 4 inch wooden post
  bears South 51 Degrees 13 Minutes 29 Seconds West, a distance of
  8.04 feet;
  THENCE, with the easterly line of said 2,883.06 acre tract and the
  upper westerly line of the said 1,554.570 acre tract, North 30
  Degrees 10 Minutes 19 Seconds West, a distance of 4,102.79 feet to a
  5/8-inch iron rod with plastic cap stamped "BENCHMARK ENGR." set in
  the northeasterly right-of-way (R.O.W.) line of proposed Townsen
  Road (100 feet wide) for the southwest corner and POINT OF BEGINNING
  of the herein described tract;
  THENCE, continuing with the easterly line of said 2,883.06 acre
  tract, the upper westerly line of the said 1,554.570 acre tract, and
  the westerly line of the herein described tract, North 30 Degrees 10
  Minutes 19 Seconds West, a distance of 3,719.63 feet to a 5/8-inch
  iron rod with plastic cap stamped "BENCHMARK ENGR." found for the
  northwest corner of said 1,554.570 acre tract and the herein
  described tract;
  THENCE, with the northerly line of said 1,554.570 acre tract and the
  herein described tract, North 59 Degrees 49 Minutes 41 Seconds
  East, a distance of 71.31 feet to a point in the westerly line of a
  proposed 100 foot wide right-of-way for the northeast corner of the
  herein described tract;
  THENCE, through and across said 1,554.570 acre tract, and with the
  westerly line of said proposed 100 foot wide R.O.W. the following
  four (4) courses:
        1)  1,405.55 feet along the arc of a curve to the left having a
  radius of 2,050.00 feet, a central angle of 39 Degrees 17
  Minutes 02 Seconds, and a chord that bears South 60 Degrees
  12 Minutes 40 Seconds East, a distance of 1,378.18 feet;
        2)  South 79 Degrees 51 Minutes 11 Seconds East, a distance of
  366.40 feet to the beginning of a curve to the right;
        3)  2,939.51 feet along the arc of said curve to the right
  having a radius of 1,950.00 feet, a central angle of 86
  Degrees 22 Minutes 12 Seconds, and a chord that bears South
  36 Degrees 40 Minutes 05 Seconds East, a distance of
  2,668.99 feet;
        4)  South 06 Degrees 31 Minutes 01 Second West, a distance of
  17.93 feet to the intersection of the westerly line of said
  proposed 100 foot wide R.O.W. with the northeasterly
  R.O.W. line of proposed Townsen Road (100 feet wide) for
  the southeast corner of the herein described tract;
  THENCE, with the northerly R.O.W. line of said proposed Townsen
  Road, the following two (2) courses:
        1)  1,262.49 feet along the arc of a curve to the left having a
  radius of 2,050.00 feet, a central angle of 35 Degrees 17
  Minutes 08 Seconds, and a chord that bears South 77 Degrees
  28 Minutes 36 Seconds West, a distance of 1,242.63 feet;
        2)  South 59 Degrees 50 Minutes 02 Seconds West, a distance of
  147.68 feet to the POINT OF BEGINNING and containing
  100.750 acres (4,388,668 square feet) 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.  The legislature finds that:
               (1)  the Montgomery County Municipal Utility District
  No. 102, as created by Chapter 8263, Special District Local Laws
  Code, as added by this Act, is not officially created until
  confirmed by a majority of the voters of the district voting at an
  election held for that purpose;
               (2)  securing the consent of political subdivisions to
  the creation of the district before the introduction or passage of
  this Act may be impractical because of the uncertainties of the
  legislative process; and
               (3)  the constitutional requirement for the district's
  compliance with the provisions of the general laws relating to the
  consent of political subdivisions to the creation of the district
  and the inclusion of land within the district is satisfied if that
  consent is secured before the date and hour of canvassing the
  returns and declaring the results of the confirmation election.
         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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4074 was passed by the House on May 8,
  2007, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4074 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor