81R7294 PMO-F
By: Zerwas H.B. No. 1456
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend-Waller Counties Municipal
Utility District No. 2; providing authority to impose a tax and
issue bonds; granting a limited power of eminent domain.
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 8329 to read as follows:
CHAPTER 8329. FORT BEND-WALLER COUNTIES MUNICIPAL UTILITY
DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8329.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Fort Bend-Waller Counties
Municipal Utility District No. 2.
Sec. 8329.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8329.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8329.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8329.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8329.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8329.006. 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 a tax; or
(4) legality or operation.
[Sections 8329.007-8329.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8329.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8329.052, directors serve
staggered four-year terms.
Sec. 8329.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Suzanne Corbin;
(2) Carolyn Davis;
(3) Jeff Hayes;
(4) Sharon Wallingford; and
(5) Ray Deyoe.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8329.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8329.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8329.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 8329.053-8329.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8329.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8329.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8329.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8329.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards, zoning and
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. 8329.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8329.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8329.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8329.107-8329.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8329.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8329.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8329.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8329.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8329.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8329.154-8329.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8329.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8329.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8329.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Fort Bend-Waller Counties Municipal Utility
District No. 2 initially includes all the territory contained in
the following area:
FIELD NOTES FOR A 472.573 ACRE TRACT OF LAND IN THE THOMAS
CRESOP SURVEY, ABSTRACT 405, WALLER COUNTY, TEXAS, ABSTRACT 369,
FORT BEND COUNTY, TEXAS, AND THE P. M. CUNY SURVEY, ABSTRACT 355,
WALLER COUNTY, TEXAS, THE ROBERT T. VAN SLYKE SURVEY, ABSTRACT 395,
WALLER COUNTY, TEXAS, AND THE W. W. BAINS SURVEY, ABSTRACT 385,
WALLER COUNTY, TEXAS, SAID 472.573 ACRE TRACT BEING COMPRISED OF
THAT CERTAIN CALLED 137.322 ACRE TRACT RECORDED IN VOLUME 1131,
PAGE 26, OFFICIAL RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN
CALLED 54.00 ACRE TRACT RECORDED IN VOLUME 1130, PAGE 776, OFFICIAL
RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN CALLED 136.8 ACRE TRACT
(TRACT ONE) AND THAT CERTAIN CALLED 135.5 ACRE TRACT (TRACT TWO)
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2008102246, OFFICIAL
PUBLIC RECORD, FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 8.429
ACRE TRACT RECORDED IN VOLUME 0727, PAGE 840, OFFICIAL RECORDS,
WALLER COUNTY, TEXAS, AND THAT CERTAIN CALLED 0.506 ACRE TRACT
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2002053393, OFFICIAL
PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, WITH ALL BEARINGS BASED
UPON THE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83, BASED
UPON GPS OBSERVATIONS OF NGS TRIANGULATION STATION "BROOKSHIRE".
BEGINNING at a 3/4 inch iron rod found at the intersection of
the south right-of-way line U. S. Highway 90 (100-feet wide) with
the east line of a 40-foot wide private road (marked Alt Lane) for
the northwest corner of said called 137.322 acre tract, and the most
westerly northwest corner and Place of Beginning of the herein
described tract, said point bears North 88 degrees 21 minutes 47
seconds East, 39.90 feet from a 5/8 inch iron rod with cap marked
"Tri-Tech";
THENCE North 88 degrees 44 minutes 46 seconds East along the
north line of the herein described tract and the north line of said
called 137.322 acre tract, same being the south right-of-way line
U. S. Highway 90, 2,037.44 feet to a 5/8 inch iron rod with cap
marked "3438" found for the northeast corner of the herein
described tract, same being the northwest corner of an adjoining
called 0.0971 acre tract described in deed recorded in Volume 0966,
Page 132, Official Records, Waller County, Texas;
THENCE South 04 degrees 55 minutes 35 seconds East along the
east line of the herein described tract, same being the west line of
said adjoining called 0.0971 acre tract, 411.10 feet to a 3/4 inch
iron pipe found for a reentry corner to the herein described tract,
same being the south corner of said adjoining called 0.0971 acre
tract, the southwest corner of an adjoining called 5.00 acre tract
described in deed recorded in Volume 0595, Page 540, Official
Records, Waller County, Texas, and the northwest corner of the
aforementioned called 54.00 acre tract, said point also being a
reentry corner of said W. W. Bains Survey, Abstract 385, same being
the upper northwest corner of the Robert T. Van Slyke Survey,
Abstract 395, and an angle point in the east line of said called
137.322 acre tract;
THENCE North 88 degrees 17 minutes 20 seconds East along a
north line of the herein described tract, the north line of said
called 54.00 acre tract, the north line of said Robert T. Van Slyke
Survey, Abstract 395, and the north line of said Thomas Cresop
Survey, Abstract 405, same being the south line of said W. W. Bains
Survey, Abstract 385, and the south line of said adjoining called
5.00 acre tract, 533.04 feet to a 3/4 inch iron rod found for an
angle point in the north line of the herein described tract, being
the southeast corner of said adjoining called 5.00 acre tract, same
being the southwest corner of an adjoining called 1.417 acre tract
described in Volume 0609, Page 784, Official Records, Waller
County, Texas;
THENCE North 88 degrees 07 minutes 31seconds East along a
north line of the herein described tract, the north line of said
called 54.00 acre tract, and the north line of said Thomas Cresop
Survey, Abstract 405, same being the south line of said W. W. Bains
Survey, Abstract 385, same being the south line of said adjoining
called 1.417 acre tract, the south line of an adjoining called 2.0
acre tract recorded in Volume 0562, Page 757, Official Records,
Waller County, Texas, and the south line of an adjoining called 1.0
acre tract (Tract 2) and an adjoining called 1.0 acre tract (Tract
1) recorded in Volume 0519, Page 703, Official Records, Waller
County, Texas, at 152.37 feet pass a 3/4 inch iron pipe found on
said line for the southeast corner of said adjoining called 1.417
acre tract, same being the southwest corner of said adjoining
called 2.0 acre tract, at 410.73 feet pass a 1/2 inch iron pipe with
cap marked "Kalkomey Surveying" found for the northeast corner of
said called 54.00 acre tract, same being the lower northwest corner
of said called 136.8 acre tract, and continuing for a total distance
of 586.81 feet to a railroad iron found for a reentry corner to the
herein described tract and a reentry corner to said called 136.8
acre tract, being the southeast corner of said adjoining called 1.0
acre tract (Tract 1), and the upper southeast corner of said W. W.
Bains Survey, Abstract 385, same being the southwest corner of the
aforementioned P. M. Cuny Survey, Abstract 355, said point also
being in the west right-of-way line of Apache Road (60-feet wide);
THENCE North 02 degrees 06 minutes 10 seconds West along the
upper west line of the herein described tract, the upper west line
of said called 136.8 acre tract, and the west line of said P. M. Cuny
Survey, Abstract 355, same being the east line of said adjoining
called 1.0 acre tract (Tract 1), and the upper east line of said W.
W. Bains Survey, Abstract 385, 399.97 feet to a 1/2 inch iron pipe
with cap marked "Kalkomey Surveying" found for a northwest corner
of the herein described tract, and a northwest corner of said called
136.8 acre tract, same being the northeast corner of said adjoining
called 1.0 acre tract (Tract 1), said point also being in the south
right-of-way line of U. S. Highway 90 (100-feet wide);
THENCE North 88 degrees 43 minutes 13 seconds East along the
upper north line of the herein described tract and the north line of
said called 136.8 acre tract, same being the south right-of-way
line of U. S. Highway 90, 60.00 feet to a 1-inch iron pipe found for
the most westerly northeast corner of the herein described tract
and the upper northeast corner of said called 136.8 acre tract, same
being the upper northwest corner of the adjoining Katy West
Business Park, according to map or plat thereof recorded in Volume
348, Page 221, Deed Records, Waller County, Texas;
THENCE South 02 degrees 06 minutes 10 seconds East along the
common line of the herein described tract and said adjoining Katy
West Business Park, being the east right-of-way line of Apache
Road, 395.44 feet to a 1/2 inch iron pipe found for angle point;
THENCE South 09 degrees 00 minutes 01 second East continuing
along said common line, 56.44 feet to a 1/2 inch iron pipe found for
corner, said point being the upper southeast corner of said called
136.8 acre tract, same being a reentry corner to said adjoining Katy
West Business Park;
THENCE South 80 degrees 59 minutes 59 seconds West continuing
along said common line, departing said east right-of-way line of
Apache Road, 60.00 feet to a 1/2 inch iron pipe found for a reentry
corner to the herein described tract and a reentry corner to said
called 136.8 acre tract, being the lower northwest corner of said
adjoining Katy West Business Park, and being in the west
right-of-way line of Apache Road;
THENCE South 09 degrees 00 minutes 01 second East continuing
along said common line, 1,124.04 feet to a 5/8 inch iron rod found
for a reentry corner to the herein described tract and a reentry
corner to said called 136.8 acre tract, same being the southwest
corner of said adjoining Katy West Business Park, and being at the
intersection of the west right-of-way line of Apache Road with the
south right-of-way line of Comanche Road (60-feet wide);
THENCE North 88 degrees 03 minutes 14 seconds East continuing
along said common line, 1,060.64 feet to a 3/4 inch iron rod found
for a reentry corner to the herein described tract and a reentry
corner to said called 136.8 acre tract, same being the southeast
corner of said adjoining Katy West Business Park;
THENCE North 01 degree 56 minutes 47 seconds West continuing
along said common line, 1,561.00 feet to a 3/4 inch iron pipe found
for the most easterly northwest corner of the herein described
tract and a northwest corner of said called 136.8 acre tract, same
being the northeast corner of said adjoining Katy West Business
Park, and being in the south right-of-way line of U. S. Highway 90;
THENCE North 88 degrees 42 minutes 48 seconds East along the
most easterly north line of the herein described tract, and the
north line of said called 136.8 acre tract, same being the south
right-of-way line of U. S. Highway 90, 1,828.82 feet to a 1/2 inch
iron rod with cap marked "RPLS 2085" found for the most easterly
northeast corner of the herein described tract and the most
easterly northeast corner of said called 136.8 acre tract, same
being the northwest corner of an adjoining called 1.924 acre tract
recorded in Volume 0727, Page 844, Official Records, Waller County,
Texas;
THENCE South 01 degree 12 minutes 15 seconds East along the
common line of the herein described tract and said adjoining called
1.924 acre tract, 183.46 feet to a 1/2 inch iron rod with cap marked
"RPLS 2085" found for corner;
THENCE South 62 degrees 41 minutes 42 seconds East continuing
along said common line, 383.31 feet to a 1/2 inch iron rod with cap
marked "RPLS 2085" found for a reentry corner to the herein
described tract, being the south corner of said adjoining called
1.924 acre tract, and east corner of said called 136.8 acre tract,
and being in the northwest line of the aforementioned called 8.429
acre tract, said point being in a curve to the left;
THENCE along said curve to the left having a central angle of
10 degrees 56 minutes 03 seconds, a radius of 940.00 feet, an arc
length of 179.39 feet, and a chord bearing North 15 degrees 16
minutes 58 seconds East, 179.11 feet to a point in the centerline of
Snake Creek for corner, being the east corner of said adjoining
called 1.924 acre tract, and being in the southwest line of an
adjoining called 5.6687 acre tract recorded in Volume 478, Page
631, Deed Records, Waller County, Texas;
THENCE along the centerline of Snake Creek, being the
northeast line of the herein described tract, the northeast line of
said called 8.426 acre tract, and the northeast line of the
aforementioned called 135.5 acre tract, same being the southwest
line of said adjoining called 5.6687 acre tract, the southwest line
of an adjoining called 1.6327 acre tract described in deed recorded
in Volume 0785, Page 649, Official Records, Waller County, Texas,
the southwest line of an adjoining called 3.673 acre tract
described in deed recorded in Volume 0519, Page 75, Official
Records, Waller County, Texas, and the southwest line of an
adjoining called 24.356 acre tract recorded in Volume 0970, Page
131, Official Records, Waller County, Texas, with the following
meanders:
South 55 degrees 05 minutes 56 seconds East, 131.02
feet;
South 54 degrees 20 minutes 06 seconds East, 550.23 feet
South 64 degrees 50 minutes 22 seconds East, 329.51 feet
South 55 degrees 03 minutes 33 seconds East, 61.69 feet
South 45 degrees 08 minutes 57 seconds East, 128.52 feet
South 46 degrees 52 minutes 01 second East, 1,243.02
feet
South 49 degrees 37 minutes 43 seconds East, 273.13 feet
to a point in the centerline of Snake Creek for the lower northeast
corner of the herein described tract and the northeast corner of
said called 135.5 acre tract, same being the southeast corner of
said adjoining called 24.356 acre tract, the southwest corner of an
adjoining called 1.035 acre tract recorded in Volume 251, Page 228,
Deed Records, Waller County, Texas, and the lower northwest corner
of the adjoining residue of a called 5.418 acre tract recorded in
Volume 218, Page 223, Volume 219, Page 327, and Volume 219, Page
241, Deed Records, Waller County, Texas, and Volume 539, Page 471,
Deed Records, Fort Bend County, Texas, from which point a found 1/2
inch iron pipe with cap marked "Kalkomey Surveying" bears North 01
degree 44 minutes 58 seconds West, 49.62 feet;
THENCE South 01 degree 45 minutes 28 seconds East along the
upper east line of the herein described tract and the east line of
said called 135.5 acre tract, same being the west line of said
adjoining residue of a called 5.418 acre tract, at 589.52 feet pass
a 1/2 inch iron rod found on said line, and continuing for a total
distance of 629.50 feet to a 1/2 inch iron rod found for the upper
southeast corner of the herein described tract and the upper
southeast corner of said called 135.5 acre tract, same being the
southwest corner of said adjoining residue of a called 5.418 acre
tract, the northwest corner of an adjoining called 3.204 acre tract
recorded in Volume 522, Page 647, Deed Records, Fort Bend County,
Texas, and the northeast corner of an adjoining called 1.2086 acre
tract recorded under County Clerk's File Number 2005006745,
Official Public Records, Fort Bend County, Texas;
THENCE South 88 degrees 04 minutes 25 seconds West along the
upper south line of the herein described tract and the upper south
line of said called 135.5 acre tract, same being the north line of
said adjoining called 1.2086 acre tract, at 119.83 feet pass a 1-1/4
inch iron pipe found on said line for the northwest corner of said
adjoining called 1.2086 acre tract, same being the northeast corner
of an adjoining called 5.07 acre tract recorded under County
Clerk's File Number 2002092170, Official Public Records, Fort Bend
County, Texas, and continuing for a total distance of 775.68 feet to
a 1-1/4 inch iron pipe found on said line for a reentry corner to the
herein described tract and a reentry corner to said called 135.5
acre tract, same being the northwest corner of said adjoining
called 5.07 acre tract;
THENCE South 01 degree 43 minutes 48 seconds East along the
lower east line of the herein described tract and the lower east
line of said called 135.5 acre tract, same being the west line of
said adjoining called 5.07 acre tract, 338.08 feet to a 1-inch iron
pipe found on said line at its intersection with the north
right-of-way line of Interstate Highway 10 (320-feet wide), for the
lower southeast corner of the herein described tract and the lower
southeast corner of said called 135.5 acre tract, same being the
southwest corner of said adjoining called 5.07 acre tract;
THENCE South 88 degrees 14 minutes 06 seconds West along the
south line of the herein described tract and the south line of said
called 135.5 acre tract, being the north right-of-way line of
Interstate Highway 10, 103.78 feet to a concrete monument found on
said line for angle point;
THENCE South 87 degrees 19 minutes 06 seconds West continuing
along said line, 2,169.25 feet to a concrete monument found on said
line at the beginning of a curve to the right;
THENCE along said curve to the right, being the south line of
the herein described tract, the south line of said called 135.5 acre
tract, the south line of the aforementioned called 0.506 acre
tract, the south line of the aforementioned called 8.429 acre
tract, and the south line of the aforementioned called 136.8 acre
tract, being the north right-of-way line of Interstate Highway 10,
having a central angle of 04 degrees 36 minutes 42 seconds, a radius
of 11,299.16 feet, an arc length of 909.48 feet, and a chord bearing
South 89 degrees 39 minutes 23 seconds West, 909.24 feet to a
concrete monument found at the end of said curve;
THENCE North 88 degrees 02 minutes 16 seconds West continuing
along the south line of the herein described tract and the south
line of said called 136.8 acre tract, being the north right-of-way
line of Interstate Highway 10, 304.68 feet to a 3/4 inch iron pipe
found on said line for angle point;
THENCE North 88 degrees 04 minutes 11 seconds West along the
south line of the herein described tract and the south line of said
called 136.8 acre tract, being the north right-of-way line of
Interstate Highway 10, 325.07 feet to a 1/2 inch iron pipe with cap
marked "Kalkomey Surveying" found on said line at the beginning of a
curve to the left, from which point a found concrete monument bears
South 56 degrees 15 minutes 06 seconds East, 0.36 feet;
THENCE along said curve to the left having a central angle of
03 degrees 38 minutes 39 seconds, a radius of 11,619.16 feet, an arc
length of 739.01 feet, and a chord bearing North 89 degrees 53
minutes 30 seconds West, 738.89 feet to a concrete monument found at
the end of said curve;
THENCE South 88 degrees 17 minutes 10 seconds West continuing
along the south line of the herein described tract and the south
line of said called 136.8 acre tract, being the north right-of-way
line of Interstate Highway 10, at 319.40 feet pass a 1/2 inch iron
pipe with cap marked "Kalkomey Surveying" found on said line for the
southeast corner of the aforementioned called 54.00 acre tract, and
continuing for a total distance of 1,263.18 feet to a 1/2 inch iron
rod found for angle point, said point being the southeast corner of
the aforementioned called 137.322 acre tract, same being the
southwest corner of said called 54.00 acre tract, and being in the
west line of the aforementioned Robert T. Van Slyke Survey,
Abstract 407, same being the east line of the aforementioned W. W.
Bains Survey, Abstract 385;
THENCE South 88 degrees 17 minutes 40 seconds West along the
south line of the herein described tract and the south line of said
called 137.322 acre tract, same being the north right-of-way line
of Interstate Highway 10, 2,054.95 feet to a 1/2 inch iron rod found
for the southwest corner of the herein described tract and the
southwest corner of said called 137.322 acre tract, same being the
southeast corner of an adjoining called 2.4915 acre tract recorded
in Volume 0854, Page 039, Official Records, Waller County, Texas,
described in Volume 424, Page 435, Deed Records, Waller County,
Texas, from which point a found 1-1/4 inch iron pipe bears South 82
degrees 00 minutes 55 seconds West, 10.60 feet;
THENCE North 02 degrees 01 minute 18 seconds West along the
west line of the herein described tract and the west line of said
called 137.322 acre tract, same being the east line of said
adjoining called 2.4915 acre tract, and along the east line of the
aforementioned adjoining 40-foot wide private road (marked Alt
Lane), at 119.02 feet (adjoiner called 120.13 feet) pass a 5/8 inch
iron rod found 0.23 feet right of said line, and continuing for a
total distance of 2,918.57 feet to the Place of Beginning and
containing 472.573 acres of land, more or less, with 95.187 acres
within Fort Bend County, Texas, and 377.386 acres within Waller
County, Texas.
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. 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, 2009.