Texas 2009 - 81st Regular

Texas House Bill HB1456 Compare Versions

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1	1	81R7294 PMO-F
2	2	By: Zerwas H.B. No. 1456
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend-Waller Counties Municipal
8	8	Utility District No. 2; providing authority to impose a tax and
9	9	issue bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8329 to read as follows:
13	13	CHAPTER 8329. FORT BEND-WALLER COUNTIES MUNICIPAL UTILITY
14	14	DISTRICT NO. 2
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8329.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Director" means a board member.
19	19	(3) "District" means the Fort Bend-Waller Counties
20	20	Municipal Utility District No. 2.
21	21	Sec. 8329.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8329.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8329.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8329.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8329.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
35	35	The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8329.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8329.007-8329.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8329.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8329.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8329.052. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) Suzanne Corbin;
65	65	(2) Carolyn Davis;
66	66	(3) Jeff Hayes;
67	67	(4) Sharon Wallingford; and
68	68	(5) Ray Deyoe.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8329.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act creating this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8329.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8329.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	[Sections 8329.053-8329.100 reserved for expansion]
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8329.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8329.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8329.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8329.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
107	107	project must meet all applicable construction standards, zoning and
108	108	subdivision requirements, and regulations of each municipality in
109	109	whose corporate limits or extraterritorial jurisdiction the road
110	110	project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards, zoning and
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8329.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	Sec. 8329.106. LIMITATION ON USE OF EMINENT DOMAIN. The
126	126	district may not exercise the power of eminent domain outside the
127	127	district to acquire a site or easement for:
128	128	(1) a road project authorized by Section 8329.103; or
129	129	(2) a recreational facility as defined by Section
130	130	49.462, Water Code.
131	131	[Sections 8329.107-8329.150 reserved for expansion]
132	132	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
133	133	Sec. 8329.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
134	134	district may issue, without an election, bonds and other
135	135	obligations secured by:
136	136	(1) revenue other than ad valorem taxes; or
137	137	(2) contract payments described by Section 8329.153.
138	138	(b) The district must hold an election in the manner
139	139	provided by Chapters 49 and 54, Water Code, to obtain voter approval
140	140	before the district may impose an ad valorem tax or issue bonds
141	141	payable from ad valorem taxes.
142	142	(c) The district may not issue bonds payable from ad valorem
143	143	taxes to finance a road project unless the issuance is approved by a
144	144	vote of a two-thirds majority of the district voters voting at an
145	145	election held for that purpose.
146	146	Sec. 8329.152. OPERATION AND MAINTENANCE TAX. (a) If
147	147	authorized at an election held under Section 8329.151, the district
148	148	may impose an operation and maintenance tax on taxable property in
149	149	the district in accordance with Section 49.107, Water Code.
150	150	(b) The board shall determine the tax rate. The rate may not
151	151	exceed the rate approved at the election.
152	152	Sec. 8329.153. CONTRACT TAXES. (a) In accordance with
153	153	Section 49.108, Water Code, the district may impose a tax other than
154	154	an operation and maintenance tax and use the revenue derived from
155	155	the tax to make payments under a contract after the provisions of
156	156	the contract have been approved by a majority of the district voters
157	157	voting at an election held for that purpose.
158	158	(b) A contract approved by the district voters may contain a
159	159	provision stating that the contract may be modified or amended by
160	160	the board without further voter approval.
161	161	[Sections 8329.154-8329.200 reserved for expansion]
162	162	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
163	163	Sec. 8329.201. AUTHORITY TO ISSUE BONDS AND OTHER
164	164	OBLIGATIONS. The district may issue bonds or other obligations
165	165	payable wholly or partly from ad valorem taxes, impact fees,
166	166	revenue, contract payments, grants, or other district money, or any
167	167	combination of those sources, to pay for any authorized district
168	168	purpose.
169	169	Sec. 8329.202. TAXES FOR BONDS. At the time the district
170	170	issues bonds payable wholly or partly from ad valorem taxes, the
171	171	board shall provide for the annual imposition of a continuing
172	172	direct ad valorem tax, without limit as to rate or amount, while all
173	173	or part of the bonds are outstanding as required and in the manner
174	174	provided by Sections 54.601 and 54.602, Water Code.
175	175	Sec. 8329.203. BONDS FOR ROAD PROJECTS. At the time of
176	176	issuance, the total principal amount of bonds or other obligations
177	177	issued or incurred to finance road projects and payable from ad
178	178	valorem taxes may not exceed one-fourth of the assessed value of the
179	179	real property in the district.
180	180	SECTION 2. The Fort Bend-Waller Counties Municipal Utility
181	181	District No. 2 initially includes all the territory contained in
182	182	the following area:
183	183	FIELD NOTES FOR A 472.573 ACRE TRACT OF LAND IN THE THOMAS
184	184	CRESOP SURVEY, ABSTRACT 405, WALLER COUNTY, TEXAS, ABSTRACT 369,
185	185	FORT BEND COUNTY, TEXAS, AND THE P. M. CUNY SURVEY, ABSTRACT 355,
186	186	WALLER COUNTY, TEXAS, THE ROBERT T. VAN SLYKE SURVEY, ABSTRACT 395,
187	187	WALLER COUNTY, TEXAS, AND THE W. W. BAINS SURVEY, ABSTRACT 385,
188	188	WALLER COUNTY, TEXAS, SAID 472.573 ACRE TRACT BEING COMPRISED OF
189	189	THAT CERTAIN CALLED 137.322 ACRE TRACT RECORDED IN VOLUME 1131,
190	190	PAGE 26, OFFICIAL RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN
191	191	CALLED 54.00 ACRE TRACT RECORDED IN VOLUME 1130, PAGE 776, OFFICIAL
192	192	RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN CALLED 136.8 ACRE TRACT
193	193	(TRACT ONE) AND THAT CERTAIN CALLED 135.5 ACRE TRACT (TRACT TWO)
194	194	RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2008102246, OFFICIAL
195	195	PUBLIC RECORD, FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 8.429
196	196	ACRE TRACT RECORDED IN VOLUME 0727, PAGE 840, OFFICIAL RECORDS,
197	197	WALLER COUNTY, TEXAS, AND THAT CERTAIN CALLED 0.506 ACRE TRACT
198	198	RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2002053393, OFFICIAL
199	199	PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, WITH ALL BEARINGS BASED
200	200	UPON THE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83, BASED
201	201	UPON GPS OBSERVATIONS OF NGS TRIANGULATION STATION "BROOKSHIRE".
202	202	BEGINNING at a 3/4 inch iron rod found at the intersection of
203	203	the south right-of-way line U. S. Highway 90 (100-feet wide) with
204	204	the east line of a 40-foot wide private road (marked Alt Lane) for
205	205	the northwest corner of said called 137.322 acre tract, and the most
206	206	westerly northwest corner and Place of Beginning of the herein
207	207	described tract, said point bears North 88 degrees 21 minutes 47
208	208	seconds East, 39.90 feet from a 5/8 inch iron rod with cap marked
209	209	"Tri-Tech";
210	210	THENCE North 88 degrees 44 minutes 46 seconds East along the
211	211	north line of the herein described tract and the north line of said
212	212	called 137.322 acre tract, same being the south right-of-way line
213	213	U. S. Highway 90, 2,037.44 feet to a 5/8 inch iron rod with cap
214	214	marked "3438" found for the northeast corner of the herein
215	215	described tract, same being the northwest corner of an adjoining
216	216	called 0.0971 acre tract described in deed recorded in Volume 0966,
217	217	Page 132, Official Records, Waller County, Texas;
218	218	THENCE South 04 degrees 55 minutes 35 seconds East along the
219	219	east line of the herein described tract, same being the west line of
220	220	said adjoining called 0.0971 acre tract, 411.10 feet to a 3/4 inch
221	221	iron pipe found for a reentry corner to the herein described tract,
222	222	same being the south corner of said adjoining called 0.0971 acre
223	223	tract, the southwest corner of an adjoining called 5.00 acre tract
224	224	described in deed recorded in Volume 0595, Page 540, Official
225	225	Records, Waller County, Texas, and the northwest corner of the
226	226	aforementioned called 54.00 acre tract, said point also being a
227	227	reentry corner of said W. W. Bains Survey, Abstract 385, same being
228	228	the upper northwest corner of the Robert T. Van Slyke Survey,
229	229	Abstract 395, and an angle point in the east line of said called
230	230	137.322 acre tract;
231	231	THENCE North 88 degrees 17 minutes 20 seconds East along a
232	232	north line of the herein described tract, the north line of said
233	233	called 54.00 acre tract, the north line of said Robert T. Van Slyke
234	234	Survey, Abstract 395, and the north line of said Thomas Cresop
235	235	Survey, Abstract 405, same being the south line of said W. W. Bains
236	236	Survey, Abstract 385, and the south line of said adjoining called
237	237	5.00 acre tract, 533.04 feet to a 3/4 inch iron rod found for an
238	238	angle point in the north line of the herein described tract, being
239	239	the southeast corner of said adjoining called 5.00 acre tract, same
240	240	being the southwest corner of an adjoining called 1.417 acre tract
241	241	described in Volume 0609, Page 784, Official Records, Waller
242	242	County, Texas;
243	243	THENCE North 88 degrees 07 minutes 31seconds East along a
244	244	north line of the herein described tract, the north line of said
245	245	called 54.00 acre tract, and the north line of said Thomas Cresop
246	246	Survey, Abstract 405, same being the south line of said W. W. Bains
247	247	Survey, Abstract 385, same being the south line of said adjoining
248	248	called 1.417 acre tract, the south line of an adjoining called 2.0
249	249	acre tract recorded in Volume 0562, Page 757, Official Records,
250	250	Waller County, Texas, and the south line of an adjoining called 1.0
251	251	acre tract (Tract 2) and an adjoining called 1.0 acre tract (Tract
252	252	1) recorded in Volume 0519, Page 703, Official Records, Waller
253	253	County, Texas, at 152.37 feet pass a 3/4 inch iron pipe found on
254	254	said line for the southeast corner of said adjoining called 1.417
255	255	acre tract, same being the southwest corner of said adjoining
256	256	called 2.0 acre tract, at 410.73 feet pass a 1/2 inch iron pipe with
257	257	cap marked "Kalkomey Surveying" found for the northeast corner of
258	258	said called 54.00 acre tract, same being the lower northwest corner
259	259	of said called 136.8 acre tract, and continuing for a total distance
260	260	of 586.81 feet to a railroad iron found for a reentry corner to the
261	261	herein described tract and a reentry corner to said called 136.8
262	262	acre tract, being the southeast corner of said adjoining called 1.0
263	263	acre tract (Tract 1), and the upper southeast corner of said W. W.
264	264	Bains Survey, Abstract 385, same being the southwest corner of the
265	265	aforementioned P. M. Cuny Survey, Abstract 355, said point also
266	266	being in the west right-of-way line of Apache Road (60-feet wide);
267	267	THENCE North 02 degrees 06 minutes 10 seconds West along the
268	268	upper west line of the herein described tract, the upper west line
269	269	of said called 136.8 acre tract, and the west line of said P. M. Cuny
270	270	Survey, Abstract 355, same being the east line of said adjoining
271	271	called 1.0 acre tract (Tract 1), and the upper east line of said W.
272	272	W. Bains Survey, Abstract 385, 399.97 feet to a 1/2 inch iron pipe
273	273	with cap marked "Kalkomey Surveying" found for a northwest corner
274	274	of the herein described tract, and a northwest corner of said called
275	275	136.8 acre tract, same being the northeast corner of said adjoining
276	276	called 1.0 acre tract (Tract 1), said point also being in the south
277	277	right-of-way line of U. S. Highway 90 (100-feet wide);
278	278	THENCE North 88 degrees 43 minutes 13 seconds East along the
279	279	upper north line of the herein described tract and the north line of
280	280	said called 136.8 acre tract, same being the south right-of-way
281	281	line of U. S. Highway 90, 60.00 feet to a 1-inch iron pipe found for
282	282	the most westerly northeast corner of the herein described tract
283	283	and the upper northeast corner of said called 136.8 acre tract, same
284	284	being the upper northwest corner of the adjoining Katy West
285	285	Business Park, according to map or plat thereof recorded in Volume
286	286	348, Page 221, Deed Records, Waller County, Texas;
287	287	THENCE South 02 degrees 06 minutes 10 seconds East along the
288	288	common line of the herein described tract and said adjoining Katy
289	289	West Business Park, being the east right-of-way line of Apache
290	290	Road, 395.44 feet to a 1/2 inch iron pipe found for angle point;
291	291	THENCE South 09 degrees 00 minutes 01 second East continuing
292	292	along said common line, 56.44 feet to a 1/2 inch iron pipe found for
293	293	corner, said point being the upper southeast corner of said called
294	294	136.8 acre tract, same being a reentry corner to said adjoining Katy
295	295	West Business Park;
296	296	THENCE South 80 degrees 59 minutes 59 seconds West continuing
297	297	along said common line, departing said east right-of-way line of
298	298	Apache Road, 60.00 feet to a 1/2 inch iron pipe found for a reentry
299	299	corner to the herein described tract and a reentry corner to said
300	300	called 136.8 acre tract, being the lower northwest corner of said
301	301	adjoining Katy West Business Park, and being in the west
302	302	right-of-way line of Apache Road;
303	303	THENCE South 09 degrees 00 minutes 01 second East continuing
304	304	along said common line, 1,124.04 feet to a 5/8 inch iron rod found
305	305	for a reentry corner to the herein described tract and a reentry
306	306	corner to said called 136.8 acre tract, same being the southwest
307	307	corner of said adjoining Katy West Business Park, and being at the
308	308	intersection of the west right-of-way line of Apache Road with the
309	309	south right-of-way line of Comanche Road (60-feet wide);
310	310	THENCE North 88 degrees 03 minutes 14 seconds East continuing
311	311	along said common line, 1,060.64 feet to a 3/4 inch iron rod found
312	312	for a reentry corner to the herein described tract and a reentry
313	313	corner to said called 136.8 acre tract, same being the southeast
314	314	corner of said adjoining Katy West Business Park;
315	315	THENCE North 01 degree 56 minutes 47 seconds West continuing
316	316	along said common line, 1,561.00 feet to a 3/4 inch iron pipe found
317	317	for the most easterly northwest corner of the herein described
318	318	tract and a northwest corner of said called 136.8 acre tract, same
319	319	being the northeast corner of said adjoining Katy West Business
320	320	Park, and being in the south right-of-way line of U. S. Highway 90;
321	321	THENCE North 88 degrees 42 minutes 48 seconds East along the
322	322	most easterly north line of the herein described tract, and the
323	323	north line of said called 136.8 acre tract, same being the south
324	324	right-of-way line of U. S. Highway 90, 1,828.82 feet to a 1/2 inch
325	325	iron rod with cap marked "RPLS 2085" found for the most easterly
326	326	northeast corner of the herein described tract and the most
327	327	easterly northeast corner of said called 136.8 acre tract, same
328	328	being the northwest corner of an adjoining called 1.924 acre tract
329	329	recorded in Volume 0727, Page 844, Official Records, Waller County,
330	330	Texas;
331	331	THENCE South 01 degree 12 minutes 15 seconds East along the
332	332	common line of the herein described tract and said adjoining called
333	333	1.924 acre tract, 183.46 feet to a 1/2 inch iron rod with cap marked
334	334	"RPLS 2085" found for corner;
335	335	THENCE South 62 degrees 41 minutes 42 seconds East continuing
336	336	along said common line, 383.31 feet to a 1/2 inch iron rod with cap
337	337	marked "RPLS 2085" found for a reentry corner to the herein
338	338	described tract, being the south corner of said adjoining called
339	339	1.924 acre tract, and east corner of said called 136.8 acre tract,
340	340	and being in the northwest line of the aforementioned called 8.429
341	341	acre tract, said point being in a curve to the left;
342	342	THENCE along said curve to the left having a central angle of
343	343	10 degrees 56 minutes 03 seconds, a radius of 940.00 feet, an arc
344	344	length of 179.39 feet, and a chord bearing North 15 degrees 16
345	345	minutes 58 seconds East, 179.11 feet to a point in the centerline of
346	346	Snake Creek for corner, being the east corner of said adjoining
347	347	called 1.924 acre tract, and being in the southwest line of an
348	348	adjoining called 5.6687 acre tract recorded in Volume 478, Page
349	349	631, Deed Records, Waller County, Texas;
350	350	THENCE along the centerline of Snake Creek, being the
351	351	northeast line of the herein described tract, the northeast line of
352	352	said called 8.426 acre tract, and the northeast line of the
353	353	aforementioned called 135.5 acre tract, same being the southwest
354	354	line of said adjoining called 5.6687 acre tract, the southwest line
355	355	of an adjoining called 1.6327 acre tract described in deed recorded
356	356	in Volume 0785, Page 649, Official Records, Waller County, Texas,
357	357	the southwest line of an adjoining called 3.673 acre tract
358	358	described in deed recorded in Volume 0519, Page 75, Official
359	359	Records, Waller County, Texas, and the southwest line of an
360	360	adjoining called 24.356 acre tract recorded in Volume 0970, Page
361	361	131, Official Records, Waller County, Texas, with the following
362	362	meanders:
363	363	South 55 degrees 05 minutes 56 seconds East, 131.02
364	364	feet;
365	365	South 54 degrees 20 minutes 06 seconds East, 550.23 feet
366	366	South 64 degrees 50 minutes 22 seconds East, 329.51 feet
367	367	South 55 degrees 03 minutes 33 seconds East, 61.69 feet
368	368	South 45 degrees 08 minutes 57 seconds East, 128.52 feet
369	369	South 46 degrees 52 minutes 01 second East, 1,243.02
370	370	feet
371	371	South 49 degrees 37 minutes 43 seconds East, 273.13 feet
372	372	to a point in the centerline of Snake Creek for the lower northeast
373	373	corner of the herein described tract and the northeast corner of
374	374	said called 135.5 acre tract, same being the southeast corner of
375	375	said adjoining called 24.356 acre tract, the southwest corner of an
376	376	adjoining called 1.035 acre tract recorded in Volume 251, Page 228,
377	377	Deed Records, Waller County, Texas, and the lower northwest corner
378	378	of the adjoining residue of a called 5.418 acre tract recorded in
379	379	Volume 218, Page 223, Volume 219, Page 327, and Volume 219, Page
380	380	241, Deed Records, Waller County, Texas, and Volume 539, Page 471,
381	381	Deed Records, Fort Bend County, Texas, from which point a found 1/2
382	382	inch iron pipe with cap marked "Kalkomey Surveying" bears North 01
383	383	degree 44 minutes 58 seconds West, 49.62 feet;
384	384	THENCE South 01 degree 45 minutes 28 seconds East along the
385	385	upper east line of the herein described tract and the east line of
386	386	said called 135.5 acre tract, same being the west line of said
387	387	adjoining residue of a called 5.418 acre tract, at 589.52 feet pass
388	388	a 1/2 inch iron rod found on said line, and continuing for a total
389	389	distance of 629.50 feet to a 1/2 inch iron rod found for the upper
390	390	southeast corner of the herein described tract and the upper
391	391	southeast corner of said called 135.5 acre tract, same being the
392	392	southwest corner of said adjoining residue of a called 5.418 acre
393	393	tract, the northwest corner of an adjoining called 3.204 acre tract
394	394	recorded in Volume 522, Page 647, Deed Records, Fort Bend County,
395	395	Texas, and the northeast corner of an adjoining called 1.2086 acre
396	396	tract recorded under County Clerk's File Number 2005006745,
397	397	Official Public Records, Fort Bend County, Texas;
398	398	THENCE South 88 degrees 04 minutes 25 seconds West along the
399	399	upper south line of the herein described tract and the upper south
400	400	line of said called 135.5 acre tract, same being the north line of
401	401	said adjoining called 1.2086 acre tract, at 119.83 feet pass a 1-1/4
402	402	inch iron pipe found on said line for the northwest corner of said
403	403	adjoining called 1.2086 acre tract, same being the northeast corner
404	404	of an adjoining called 5.07 acre tract recorded under County
405	405	Clerk's File Number 2002092170, Official Public Records, Fort Bend
406	406	County, Texas, and continuing for a total distance of 775.68 feet to
407	407	a 1-1/4 inch iron pipe found on said line for a reentry corner to the
408	408	herein described tract and a reentry corner to said called 135.5
409	409	acre tract, same being the northwest corner of said adjoining
410	410	called 5.07 acre tract;
411	411	THENCE South 01 degree 43 minutes 48 seconds East along the
412	412	lower east line of the herein described tract and the lower east
413	413	line of said called 135.5 acre tract, same being the west line of
414	414	said adjoining called 5.07 acre tract, 338.08 feet to a 1-inch iron
415	415	pipe found on said line at its intersection with the north
416	416	right-of-way line of Interstate Highway 10 (320-feet wide), for the
417	417	lower southeast corner of the herein described tract and the lower
418	418	southeast corner of said called 135.5 acre tract, same being the
419	419	southwest corner of said adjoining called 5.07 acre tract;
420	420	THENCE South 88 degrees 14 minutes 06 seconds West along the
421	421	south line of the herein described tract and the south line of said
422	422	called 135.5 acre tract, being the north right-of-way line of
423	423	Interstate Highway 10, 103.78 feet to a concrete monument found on
424	424	said line for angle point;
425	425	THENCE South 87 degrees 19 minutes 06 seconds West continuing
426	426	along said line, 2,169.25 feet to a concrete monument found on said
427	427	line at the beginning of a curve to the right;
428	428	THENCE along said curve to the right, being the south line of
429	429	the herein described tract, the south line of said called 135.5 acre
430	430	tract, the south line of the aforementioned called 0.506 acre
431	431	tract, the south line of the aforementioned called 8.429 acre
432	432	tract, and the south line of the aforementioned called 136.8 acre
433	433	tract, being the north right-of-way line of Interstate Highway 10,
434	434	having a central angle of 04 degrees 36 minutes 42 seconds, a radius
435	435	of 11,299.16 feet, an arc length of 909.48 feet, and a chord bearing
436	436	South 89 degrees 39 minutes 23 seconds West, 909.24 feet to a
437	437	concrete monument found at the end of said curve;
438	438	THENCE North 88 degrees 02 minutes 16 seconds West continuing
439	439	along the south line of the herein described tract and the south
440	440	line of said called 136.8 acre tract, being the north right-of-way
441	441	line of Interstate Highway 10, 304.68 feet to a 3/4 inch iron pipe
442	442	found on said line for angle point;
443	443	THENCE North 88 degrees 04 minutes 11 seconds West along the
444	444	south line of the herein described tract and the south line of said
445	445	called 136.8 acre tract, being the north right-of-way line of
446	446	Interstate Highway 10, 325.07 feet to a 1/2 inch iron pipe with cap
447	447	marked "Kalkomey Surveying" found on said line at the beginning of a
448	448	curve to the left, from which point a found concrete monument bears
449	449	South 56 degrees 15 minutes 06 seconds East, 0.36 feet;
450	450	THENCE along said curve to the left having a central angle of
451	451	03 degrees 38 minutes 39 seconds, a radius of 11,619.16 feet, an arc
452	452	length of 739.01 feet, and a chord bearing North 89 degrees 53
453	453	minutes 30 seconds West, 738.89 feet to a concrete monument found at
454	454	the end of said curve;
455	455	THENCE South 88 degrees 17 minutes 10 seconds West continuing
456	456	along the south line of the herein described tract and the south
457	457	line of said called 136.8 acre tract, being the north right-of-way
458	458	line of Interstate Highway 10, at 319.40 feet pass a 1/2 inch iron
459	459	pipe with cap marked "Kalkomey Surveying" found on said line for the
460	460	southeast corner of the aforementioned called 54.00 acre tract, and
461	461	continuing for a total distance of 1,263.18 feet to a 1/2 inch iron
462	462	rod found for angle point, said point being the southeast corner of
463	463	the aforementioned called 137.322 acre tract, same being the
464	464	southwest corner of said called 54.00 acre tract, and being in the
465	465	west line of the aforementioned Robert T. Van Slyke Survey,
466	466	Abstract 407, same being the east line of the aforementioned W. W.
467	467	Bains Survey, Abstract 385;
468	468	THENCE South 88 degrees 17 minutes 40 seconds West along the
469	469	south line of the herein described tract and the south line of said
470	470	called 137.322 acre tract, same being the north right-of-way line
471	471	of Interstate Highway 10, 2,054.95 feet to a 1/2 inch iron rod found
472	472	for the southwest corner of the herein described tract and the
473	473	southwest corner of said called 137.322 acre tract, same being the
474	474	southeast corner of an adjoining called 2.4915 acre tract recorded
475	475	in Volume 0854, Page 039, Official Records, Waller County, Texas,
476	476	described in Volume 424, Page 435, Deed Records, Waller County,
477	477	Texas, from which point a found 1-1/4 inch iron pipe bears South 82
478	478	degrees 00 minutes 55 seconds West, 10.60 feet;
479	479	THENCE North 02 degrees 01 minute 18 seconds West along the
480	480	west line of the herein described tract and the west line of said
481	481	called 137.322 acre tract, same being the east line of said
482	482	adjoining called 2.4915 acre tract, and along the east line of the
483	483	aforementioned adjoining 40-foot wide private road (marked Alt
484	484	Lane), at 119.02 feet (adjoiner called 120.13 feet) pass a 5/8 inch
485	485	iron rod found 0.23 feet right of said line, and continuing for a
486	486	total distance of 2,918.57 feet to the Place of Beginning and
487	487	containing 472.573 acres of land, more or less, with 95.187 acres
488	488	within Fort Bend County, Texas, and 377.386 acres within Waller
489	489	County, Texas.
490	490	SECTION 3. (a) The legal notice of the intention to
491	491	introduce this Act, setting forth the general substance of this
492	492	Act, has been published as provided by law, and the notice and a
493	493	copy of this Act have been furnished to all persons, agencies,
494	494	officials, or entities to which they are required to be furnished
495	495	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
496	496	Government Code.
497	497	(b) The governor, one of the required recipients, has
498	498	submitted the notice and Act to the Texas Commission on
499	499	Environmental Quality.
500	500	(c) The Texas Commission on Environmental Quality has filed
501	501	its recommendations relating to this Act with the governor, the
502	502	lieutenant governor, and the speaker of the house of
503	503	representatives within the required time.
504	504	(d) All requirements of the constitution and laws of this
505	505	state and the rules and procedures of the legislature with respect
506	506	to the notice, introduction, and passage of this Act are fulfilled
507	507	and accomplished.
508	508	SECTION 4. This Act takes effect immediately if it receives
509	509	a vote of two-thirds of all the members elected to each house, as
510	510	provided by Section 39, Article III, Texas Constitution. If this
511	511	Act does not receive the vote necessary for immediate effect, this
512	512	Act takes effect September 1, 2009.