Texas 2009 - 81st Regular

Texas House Bill HB4784 Compare Versions

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1	1	By: Fletcher (Senate Sponsor - Patrick) H.B. No. 4784
2	2	(In the Senate - Received from the House May 13, 2009;
3	3	May 14, 2009, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 23, 2009, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 23, 2009, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Harris County Municipal Utility
12	12	District No. 524; providing authority to impose a tax and issue
13	13	bonds; granting a limited power of eminent domain.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	16	Code, is amended by adding Chapter 8354 to read as follows:
17	17	CHAPTER 8354. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 524
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8354.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Director" means a board member.
22	22	(3) "District" means the Harris County Municipal
23	23	Utility District No. 524.
24	24	Sec. 8354.002. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 8354.003. CONFIRMATION AND DIRECTORS' ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 8354.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section 8354.003
33	33	until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 8354.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
38	38	The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, or improvement of
44	44	macadamized, graveled, or paved roads described by Section 54.234,
45	45	Water Code, or improvements, including storm drainage, in aid of
46	46	those roads.
47	47	Sec. 8354.006. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act creating this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act creating this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	[Sections 8354.007-8354.050 reserved for expansion]
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 8354.051. GOVERNING BODY; TERMS. (a) The district is
63	63	governed by a board of five elected directors.
64	64	(b) Except as provided by Section 8354.052, directors serve
65	65	staggered four-year terms.
66	66	Sec. 8354.052. TEMPORARY DIRECTORS. (a) On or after the
67	67	effective date of the Act creating this chapter, the owner or owners
68	68	of a majority of the assessed value of the real property in the
69	69	district may submit a petition to the Texas Commission on
70	70	Environmental Quality requesting that the commission appoint as
71	71	temporary directors the five persons named in the petition. The
72	72	commission shall appoint as temporary directors the five persons
73	73	named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 8354.003; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act creating this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 8354.003 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 8354.003; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the Texas Commission on Environmental
91	91	Quality requesting that the commission appoint as successor
92	92	temporary directors the five persons named in the petition. The
93	93	commission shall appoint as successor temporary directors the five
94	94	persons named in the petition.
95	95	[Sections 8354.053-8354.100 reserved for expansion]
96	96	SUBCHAPTER C. POWERS AND DUTIES
97	97	Sec. 8354.101. GENERAL POWERS AND DUTIES. The district has
98	98	the powers and duties necessary to accomplish the purposes for
99	99	which the district is created.
100	100	Sec. 8354.102. MUNICIPAL UTILITY DISTRICT POWERS AND
101	101	DUTIES. The district has the powers and duties provided by the
102	102	general law of this state, including Chapters 49 and 54, Water Code,
103	103	applicable to municipal utility districts created under Section 59,
104	104	Article XVI, Texas Constitution.
105	105	Sec. 8354.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
106	106	Section 52, Article III, Texas Constitution, the district may
107	107	design, acquire, construct, finance, issue bonds for, improve, and
108	108	convey to this state, a county, or a municipality for operation and
109	109	maintenance macadamized, graveled, or paved roads described by
110	110	Section 54.234, Water Code, or improvements, including storm
111	111	drainage, in aid of those roads.
112	112	(b) The district may exercise the powers provided by this
113	113	section without submitting a petition to or obtaining approval from
114	114	the Texas Commission on Environmental Quality as required by
115	115	Section 54.234, Water Code.
116	116	Sec. 8354.104. APPROVAL OF ROAD PROJECT. (a) The district
117	117	may not undertake a road project authorized by Section 8354.103
118	118	unless:
119	119	(1) each municipality or county that will operate and
120	120	maintain the road has approved the plans and specifications of the
121	121	road project, if a municipality or county will operate and maintain
122	122	the road; or
123	123	(2) the Texas Transportation Commission has approved
124	124	the plans and specifications of the road project, if the state will
125	125	operate and maintain the road.
126	126	(b) Except as provided by Subsection (a), the district is
127	127	not required to obtain approval from the Texas Transportation
128	128	Commission to design, acquire, construct, finance, issue bonds for,
129	129	improve, or convey a road project.
130	130	Sec. 8354.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
131	131	OR RESOLUTION. The district shall comply with all applicable
132	132	requirements of any ordinance or resolution that is adopted under
133	133	Section 54.016 or 54.0165, Water Code, and that consents to the
134	134	creation of the district or to the inclusion of land in the
135	135	district.
136	136	Sec. 8354.106. LIMITATION ON USE OF EMINENT DOMAIN. The
137	137	district may not exercise the power of eminent domain outside the
138	138	district to acquire a site or easement for:
139	139	(1) a road project authorized by Section 8354.103; or
140	140	(2) a recreational facility as defined by Section
141	141	49.462, Water Code.
142	142	Sec. 8354.107. DIVISION OF DISTRICT. (a) The district may
143	143	be divided into two or more new districts only if the district:
144	144	(1) has no outstanding bonded debt; and
145	145	(2) is not imposing ad valorem taxes.
146	146	(b) This chapter applies to any new district created by the
147	147	division of the district, and a new district has all the powers and
148	148	duties of the district.
149	149	(c) Any new district created by the division of the district
150	150	may not, at the time the new district is created, contain any land
151	151	outside the area described by Section 2 of the Act creating this
152	152	chapter.
153	153	(d) The board, on its own motion or on receipt of a petition
154	154	signed by the owner or owners of a majority of the assessed value of
155	155	the real property in the district, may adopt an order dividing the
156	156	district.
157	157	(e) The board may adopt an order dividing the district
158	158	before or after the date the board holds an election under Section
159	159	8354.003 to confirm the district's creation.
160	160	(f) An order dividing the district:
161	161	(1) shall:
162	162	(A) name each new district;
163	163	(B) include the metes and bounds of each new
164	164	district;
165	165	(C) appoint temporary directors for each new
166	166	district, or provide that the owner or owners of a majority of the
167	167	assessed value of the real property in each new district may submit
168	168	a petition to the Texas Commission on Environmental Quality
169	169	requesting that the commission appoint as temporary directors the
170	170	five persons named in the petition; and
171	171	(D) provide for the division of assets and
172	172	liabilities between or among the new districts; and
173	173	(2) is subject to a confirmation election in each new
174	174	district.
175	175	(g) On or before the 30th day after the date of adoption of
176	176	an order dividing the district, the district shall file the order
177	177	with the Texas Commission on Environmental Quality and record the
178	178	order in the real property records of each county in which the
179	179	district is located.
180	180	(h) Any new district created by the division of the district
181	181	shall hold a confirmation and directors' election as required by
182	182	Section 8354.003. The results of that election must be filed as
183	183	required by Sections 49.102(e) and (f), Water Code. If the voters
184	184	of a new district do not confirm the creation of the new district,
185	185	the assets, liabilities, territory, and governance of the new
186	186	district revert to the original district.
187	187	(i) Municipal consent to the creation of the district and to
188	188	the inclusion of land in the district granted under Section
189	189	8354.004 acts as municipal consent to the creation of any new
190	190	district created by the division of the district and to the
191	191	inclusion of land in the new district.
192	192	(j) Any new district created by the division of the district
193	193	must hold an election as required by this chapter to obtain voter
194	194	approval before the district may impose a maintenance tax or issue
195	195	bonds payable wholly or partly from ad valorem taxes.
196	196	Sec. 8354.108. FIREFIGHTING AND EMERGENCY MEDICAL
197	197	SERVICES. Subchapter L, Chapter 49, Water Code, applies to the
198	198	district.
199	199	[Sections 8354.109-8354.150 reserved for expansion]
200	200	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
201	201	Sec. 8354.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
202	202	district may issue, without an election, bonds and other
203	203	obligations secured by:
204	204	(1) revenue other than ad valorem taxes; or
205	205	(2) contract payments described by Section 8354.153.
206	206	(b) The district must hold an election in the manner
207	207	provided by Chapters 49 and 54, Water Code, to obtain voter approval
208	208	before the district may impose an ad valorem tax or issue bonds
209	209	payable from ad valorem taxes.
210	210	(c) The district may not issue bonds payable from ad valorem
211	211	taxes to finance a road project unless the issuance is approved by a
212	212	vote of a two-thirds majority of the district voters voting at an
213	213	election held for that purpose.
214	214	Sec. 8354.152. OPERATION AND MAINTENANCE TAX. (a) If
215	215	authorized at an election held under Section 8354.151, the district
216	216	may impose an operation and maintenance tax on taxable property in
217	217	the district in accordance with Section 49.107, Water Code.
218	218	(b) The board shall determine the tax rate. The rate may not
219	219	exceed the rate approved at the election.
220	220	Sec. 8354.153. CONTRACT TAXES. (a) In accordance with
221	221	Section 49.108, Water Code, the district may impose a tax other than
222	222	an operation and maintenance tax and use the revenue derived from
223	223	the tax to make payments under a contract after the provisions of
224	224	the contract have been approved by a majority of the district voters
225	225	voting at an election held for that purpose.
226	226	(b) A contract approved by the district voters may contain a
227	227	provision stating that the contract may be modified or amended by
228	228	the board without further voter approval.
229	229	[Sections 8354.154-8354.200 reserved for expansion]
230	230	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
231	231	Sec. 8354.201. AUTHORITY TO ISSUE BONDS AND OTHER
232	232	OBLIGATIONS. The district may issue bonds or other obligations
233	233	payable wholly or partly from ad valorem taxes, impact fees,
234	234	revenue, contract payments, grants, or other district money, or any
235	235	combination of those sources, to pay for any authorized district
236	236	purpose.
237	237	Sec. 8354.202. TAXES FOR BONDS. At the time the district
238	238	issues bonds payable wholly or partly from ad valorem taxes, the
239	239	board shall provide for the annual imposition of a continuing
240	240	direct ad valorem tax, without limit as to rate or amount, while all
241	241	or part of the bonds are outstanding as required and in the manner
242	242	provided by Sections 54.601 and 54.602, Water Code.
243	243	Sec. 8354.203. BONDS FOR ROAD PROJECTS. At the time of
244	244	issuance, the total principal amount of bonds or other obligations
245	245	issued or incurred to finance road projects and payable from ad
246	246	valorem taxes may not exceed one-fourth of the assessed value of the
247	247	real property in the district.
248	248	SECTION 2. The Harris County Municipal Utility District No.
249	249	524 initially includes all the territory contained in the following
250	250	area: 990.804 acres in 5 non-contiguous tracts out of Sections 9,
251	251	10, 15, and 16 of Harris County School Land Survey, Abstract No 332,
252	252	recorded in Vol 17, Pg 222 of the Deed Records of Harris County,
253	253	Texas and including within Tracts 1, 2, 3, and 4 an unnamed 66 foot
254	254	roadway as shown on the plat of said Harris County School Land being
255	255	granted by Commissioners Award recorded in Vol 7448, Pg 181, HCDR;
256	256	said roadway does not exist physically on the ground: (All bearings
257	257	used herein are based on Highway Right-of-Way Maps provided by the
258	258	Texas Department of Transportation)
259	259	Tract 1
260	260	A tract or parcel of land containing 255.572 acres (11,132,730
261	261	square feet) out of Lots 9, 10, 15, and 16 of Section 9 and Lots 1,
262	262	2, 7, & 8 of Section 16 of said Harris County School Land Survey,
263	263	Abstract No 332, Harris County, Texas; said 255.572 acres being
264	264	that same tract of land called 257.230 acres described by deed
265	265	recorded in HCCF No M577056 ("Tract 1", therein) and conveyed to
266	266	Delta Troy Interests, Ltd by deed recorded in X381657 and more
267	267	particularly described by metes and bounds as follows:
268	268	COMMENCING at a State Department of Highways and Public
269	269	Transportation Horizontal Control Monument located in the
270	270	southerly right-of-way line of U.S. 290, 160.00 feet at right
271	271	angles from the centerline, across from Engineers Station
272	272	109+27.74;
273	273	THENCE along said southerly right-of-way line, clockwise,
274	274	following the arc of a 1855.86 foot radius curve-to-the-right,
275	275	subtending a central angle of 03 degrees 20 min 18 seconds, through
276	276	an arc length of 108.13 feet (chord bearing of South 66 degrees 23
277	277	minutes 38 seconds East, 108.12 feet) to a 5/8 inch iron rod found
278	278	marking the POINT OF BEGINNING and most northerly Northeast corner
279	279	of the herein described tract, same being the East corner of that
280	280	called 12.4147 acre tract of land conveyed to Peter S. Terpstra,
281	281	Trustee by deed recorded in HCCF No 20060246633;
282	282	THENCE continuing along said right-of-way line and said curve,
283	283	subtending a central angle of 06 degrees 36 minutes 09 seconds,
284	284	through an arc length of 213.86 feet (chord bearing of South 61
285	285	degrees 25 minutes 25 seconds East, 213.74 feet) to a 5/8 inch iron
286	286	rod set marking the end of said curve; said point being located in
287	287	the southerly right-of-way line of U.S. 290, 202.32 feet at right
288	288	angles from the centerline, across from Engineers Station
289	289	112+46.53;
290	290	THENCE continuing along said right-of-line line, following the arc
291	291	of a 1963.86 foot radius curve-to-the-left (radius point of said
292	292	curve falls along a bearing of North 31 degrees 52 minutes 42
293	293	seconds East), subtending a central angle of 12 degrees 31 minutes
294	294	54 seconds, through an arc length of 429.54 feet (chord bearing of
295	295	South 64 degrees 23 minutes 15 seconds East, 428.68 feet) to a 5/8
296	296	inch iron rod set marking a point-of-tangency in the southerly
297	297	right-of-way line; said point-of-tangency being located in the
298	298	southerly right-of-way line of U.S. 290, 249.10 feet at right
299	299	angles from the centerline, across from Engineers Station
300	300	116+72.65;
301	301	THENCE South 70 degrees 39 minutes 12 seconds East, along said
302	302	right-of-way line, a distance of 382.15 feet to a 5/8 inch iron rod
303	303	set marking the Northerly end of cut-back corner at the southwest
304	304	corner of the intersection of said U.S. 290 and Binford Road; said
305	305	corner being located in the southerly right-of-way line of U.S.
306	306	290, 249.10 feet at right angles from the centerline, across from
307	307	Engineers Station 120+54.80;
308	308	THENCE South 30 degrees 37 minutes 41 seconds East, along said
309	309	cut-back, a distance of 95.73 feet to a 5/8 inch iron rod set
310	310	marking the Southerly end of said cut-back and the most Easterly
311	311	Northeast corner of the herein described tract; said corner being
312	312	located in the southerly right-of-way line of U.S. 290, 310.37 feet
313	313	at right angles from the centerline, across from Engineers Station
314	314	121+28.11;
315	315	THENCE South 09 degrees 03 minutes 59 seconds East, along the
316	316	westerly right-of-way of said Binford Road (right-of-way varies at
317	317	this point), a distance of 452.04 feet to a 5/8 inch iron rod set
318	318	marking an angle point in said right-of-way line; a 1 inch iron pipe
319	319	found bears South 03 degrees 41 minutes 58 seconds East, 35.93 feet
320	320	from said angle point;
321	321	THENCE South 02 degrees 39 minutes 08 seconds East, along the
322	322	westerly right-of-way line of said Binford Road (66' right-of-way)
323	323	and crossing Lots 9 and 16 of said Section 9 and Lots 1 and 8 of
324	324	Section 16, a distance of 3953.90 feet (call: 3954.35 feet) to a 5/8
325	325	inch iron rod set marking the Southeast corner of the herein
326	326	described tract, same being the Northwest corner of the
327	327	intersection of U.S. 290 (old)/State Highway 6 (aka Hempstead
328	328	Highway) and said Binford Road; a 5/8 inch iron rod found bears
329	329	North 68 degrees 08 minutes 01 seconds West, 4.54 feet from said
330	330	corner;
331	331	THENCE North 68 degrees 08 minutes 01 seconds West, along the
332	332	Northerly right-of-way line of said U.S. 290 (old)/State Highway 6
333	333	(aka Hempstead Highway) and crossing Lots 8, 7, and 2 of said
334	334	Section 16, a distance of 2899.51 feet (call: 2897.66 feet) to a 5/8
335	335	inch iron set marking the Southwest corner of the herein described
336	336	tract, same being the Southeast corner of that called 30.213 acre
337	337	tract of land conveyed to Michael L. Perry and Edna A. Perry by deed
338	338	recorded in HCCF No U717338; a 5/8 inch iron rod found bears South
339	339	02 degrees 24 minutes 55 seconds East, 7.01 feet from said corner;
340	340	THENCE North 02 degrees 24 minutes 55 seconds West, along the
341	341	Easterly line of said 30.213 acres, same being the Westerly line of
342	342	Lot 2 of said Section 16 and of Lots 15, 10, and 7 of said Section 9,
343	343	and with the Easterly line of that called 70.801 acre tract conveyed
344	344	to A.J. Foyt, Jr. by deed recorded in HCCF No U071611 and that
345	345	called 11.15 acre tract conveyed to L.J. Hakemack and wife, Ney
346	346	Hakemack, by deed recorded in HCCF No P056681, a distance of 3736.61
347	347	feet (call: 3753.11 feet) to a point for corner at the Northwest
348	348	corner of the herein described tract, same being the Southwest
349	349	corner of the aforesaid 12.4147 acre Terpstra Tract;
350	350	THENCE North 87 degrees 11 minutes 26 seconds East, along the
351	351	Southerly line of said 12.4147 acre tract, a distance of 1612.53
352	352	feet (call: 1623.36 feet) to the Point of Beginning and containing
353	353	255.572 Acres (11,132,730 square feet) of land.
354	354	Tract 2
355	355	A tract or parcel of land containing 440.146 acres (19,172,762
356	356	square feet) out of Lots 11-15 of Section 10 and Lots 1-12, 15, & 16
357	357	of Section 15 of said Harris County School Land Survey, Abstract No
358	358	332, Harris County, Texas; said 440.146 acres out of that same tract
359	359	of land called 451.6392 acres described by deed recorded in HCCF No
360	360	M577056 ("Tract 2-A", therein) and conveyed to Delta Troy
361	361	Interests, Ltd by deed recorded in X381657 and more particularly
362	362	described by metes and bounds as follows:
363	363	COMMENCING at a State Department of Highways and Public
364	364	Transportation Horizontal Control Monument located in the
365	365	southerly right-of-way line of U.S. 290, 160.00 feet at right
366	366	angles from the centerline, across from Engineers Station
367	367	109+27.74;
368	368	THENCE South 70 degrees 39 minutes 12 seconds East, a distance of
369	369	1690.16 feet to a point-of-curvature in the former southerly
370	370	right-of-way line of said U.S. 290; said point-of-curvature being
371	371	located 160.00 feet at right angles from the centerline, across
372	372	from Engineers Station 126+17.90;
373	373	THENCE along said former southerly right-of-way line, clockwise,
374	374	following the arc of a 7479.44 foot radius curve-to-the-right
375	375	(radius point of said curve falls along a bearing of South 19
376	376	degrees 20 minutes 48 seconds West), subtending a central angle of
377	377	03 degrees 05 min 32 seconds, through an arc length of 403.66 feet
378	378	(chord bearing of South 69 degrees 06 minutes 26 seconds East,
379	379	403.61 feet) to a 5/8 inch iron rod set in the current Southerly
380	380	right-of-way line of said U.S. 290 marking the POINT OF BEGINNING
381	381	and the most Easterly Northwest corner of the herein described
382	382	tract; said point being located 160.00 feet at right angles from the
383	383	centerline, across from Engineers Station 130+30.21;
384	384	THENCE continuing along said right-of-way line and said curve,
385	385	subtending a central angle of 13 degrees 42 minutes 56 seconds,
386	386	through an arc length of 1790.44 feet (chord bearing of South 60
387	387	degrees 42 minutes 12 seconds East, 1786.17 feet) to a 5/8 inch iron
388	388	rod set marking a point-of-tangency in said right-of-way line; said
389	389	point being located in the southerly right-of-way line of U.S. 290,
390	390	160.00 feet at right angles from the centerline, across from
391	391	Engineers Station 148+59.00;
392	392	THENCE South 53 degrees 50 minutes 44 seconds East, along said
393	393	right-of-way line, a distance of 2795.16 feet (call: 2793.73 feet -
394	394	TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
395	395	said right-of-way line;
396	396	THENCE along said southerly right-of-way line, clockwise,
397	397	following the arc of a 532.96 foot radius curve-to-the-right,
398	398	subtending a central angle of 51 degrees 31 min 30 seconds (call: 51
399	399	degrees 32 minutes 51 seconds - TxDOT), through an arc length of
400	400	478.76 feet (call: 479.28 feet - TxDOT) (chord bearing of South 28
401	401	degrees 04 minutes 59 seconds East, 463.29 feet) to a 5/8 inch iron
402	402	rod found marking a point-of-tangency in said southerly
403	403	right-of-way line;
404	404	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
405	405	degrees 17 minutes 53 seconds East - TxDOT), along said southerly
406	406	right-of-way line, a distance of 187.88 feet (call: 188.32 feet -
407	407	TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
408	408	said southerly right-of-way line;
409	409	THENCE counter-clockwise continuing along said right-of-way line
410	410	and a 612.96 foot radius curve-to-the-left, subtending a central
411	411	angle of 24 degrees 29 minutes 23 seconds (call: 24 degrees 34
412	412	minutes 06 seconds), through an arc length of 261.99 feet (call:
413	413	262.84 feet) (chord bearing of South 14 degrees 33 minutes 56
414	414	seconds East, 260.00 feet) to a 5/8 inch iron rod set for corner,
415	415	same being the most Northerly corner of that called 1.939 acre tract
416	416	of land conveyed to the State of Texas as a Drainage Easement for
417	417	Highway Purposes by deed recorded in HCCF No R450176 out of that
418	418	called 30 acre residue of that called 920.21 acre Schindler "First
419	419	Tract" as described by deed recorded in Vol 2187, Pg 525, HCDR;
420	420	THENCE South 63 degrees 11 minutes 23 seconds West (call: South 63
421	421	degrees 08 minutes 01 seconds West), along the northwesterly line
422	422	of said 1.939 acre tract, a distance of 620.23 feet (call: 620.08
423	423	feet) to a 5/8 inch iron rod set at the northwesterly corner of said
424	424	1.939 acre tract;
425	425	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
426	426	degrees 17 minutes 53 seconds East), along the westerly line of said
427	427	1.939 acre tract, passing at a distance of 1102.28 feet (call:
428	428	1100.29 feet) a 1/2 inch iron rod found marking the Southwest corner
429	429	of said 1.939 acre and 30 acre tract and the Northwest corner of
430	430	that called 10.298 acre tract conveyed to MRJ Wood Products by deed
431	431	recorded in HCCF No U232228, continuing along the westerly line of
432	432	said 10.298 acre tract, a total distance of 1502.28 feet (call:
433	433	1500.29 feet) to a 5/8 inch iron rod set for corner, same being the
434	434	southwest corner of said 10.298 acre tract;
435	435	THENCE North 87 degrees 40 minutes 46 seconds East (call: North 87
436	436	degrees 42 minutes 07 seconds East), along the southerly line of
437	437	said 10.298 acre tract, a distance of 1121.41 feet to a 5/8 inch
438	438	iron rod set in the Westerly right-of-way line of Kickapoo Road
439	439	marking the most Northerly Southeast corner of the herein described
440	440	tract, same being the southeasterly corner of said 10.298 acre
441	441	tract;
442	442	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
443	443	degrees 17 minutes 53 seconds East), along the Westerly
444	444	right-of-way line of said Kickapoo Road, a distance of 939.31 feet
445	445	(call: 938.70 feet) to a 1 inch iron pipe found for corner, same
446	446	being the Northeast corner of that called 2.401 acre tract conveyed
447	447	to Leaman Building Materials by deed recorded in HCCF No X159580
448	448	("Tract One");
449	449	THENCE North 68 degrees 08 minutes 01 seconds West, along the
450	450	northerly line of said 2.401 acre tract, a distance of 597.94 feet
451	451	(call: 600.00') to a 5/8 inch iron rod set for corner, same being
452	452	the Northwest corner of said 2.401 acre tract;
453	453	THENCE South 02 degrees 19 minutes 14 seconds East, along the
454	454	westerly line of said 2.401 acre tract and that called 1.804 acre
455	455	tract also conveyed to said Leaman Building Materials in said HCCF
456	456	No X159580 ("Tract Two"), a distance of 362.42 feet (call: 363.00
457	457	feet) to a 5/8 inch iron rod set in the northerly right-of-way line
458	458	of U.S. 290 (old)/State Highway 6 (aka Hempstead Highway) marking
459	459	the most Southerly Southeast corner of the herein described tract;
460	460	a 1 inch iron rod found bears South 02 degrees 19 minutes 14 seconds
461	461	East, 2.33 feet from said property corner; a 2 inch iron rod found
462	462	marking the Northeast corner of the intersection of said Kickapoo
463	463	Road and said U.S. 290 (old)/State Highway 6 (aka Hempstead
464	464	Highway) bears South 68 degrees 08 minutes 01 seconds East, 670.29
465	465	feet from said property corner;
466	466	THENCE North 68 degrees 08 minutes 01 seconds West, along the
467	467	northerly right-of-way line of said U.S. 290 (old)/State Highway 6
468	468	(aka Hempstead Highway), a distance of 5170.99 feet (call: 5167.61
469	469	feet) to a 5/8 inch iron rod set marking the Southwest corner of the
470	470	herein described tract, same being the Northeast corner of the
471	471	intersection of Binford Road and said U.S. 290 (old)/State Highway
472	472	6 (aka Hempstead Highway); a 5/8 inch iron rod set marking the
473	473	Northwest corner of said intersection bears North 68 degrees 08
474	474	minutes 01 seconds West, 72.54 feet from which a 5/8 inch iron rod
475	475	found bears North 68 degrees 08 minutes 01 seconds West, 4.54 feet;
476	476	THENCE North 02 degrees 39 minutes 08 seconds West, along the
477	477	Easterly right-of-way of said Binford Road (66' right-of-way), a
478	478	distance of 3983.74 feet (call: 3984.16 feet) to a 5/8 inch iron rod
479	479	set marking an angle point in said Easterly right-of-way line;
480	480	THENCE North 03 degrees 59 minutes 00 seconds East, continuing
481	481	along the Easterly right-of-way of said Binford Road (right-of-way
482	482	varies at this point), a distance of 370.66 feet to a 5/8 inch iron
483	483	rod set marking the Southerly end of cut-back corner at the
484	484	southeast corner of the intersection of the aforesaid U.S. 290
485	485	(new) and said Binford Road; said corner being located in the
486	486	southerly right-of-way line of U.S. 290, 326.25 feet at right
487	487	angles from the centerline, across from Engineers Station
488	488	123+06.25;
489	489	THENCE North 56 degrees 39 minutes 54 seconds East, along said
490	490	cut-back, a distance of 97.00 feet to a 5/8 inch iron rod set
491	491	marking the most Northerly Northwest corner of the herein described
492	492	tract; said corner being located in the southerly right-of-way line
493	493	of U.S. 290, 249.10 feet at right angles from the centerline, across
494	494	from Engineers Station 123+65.05;
495	495	THENCE South 70 degrees 39 minutes 12 seconds East, along said
496	496	right-of-way line, a distance of 107.61 feet to a 5/8 inch iron rod
497	497	set marking a point-of-curvature in said right-of-way line; said
498	498	point-of-curvature being located in the southerly right-of-way
499	499	line of U.S. 290, 249.10 feet at right angles from the centerline,
500	500	across from Engineers Station 124+72.67;
501	501	THENCE continuing along said right-of-line line,
502	502	counter-clockwise, following the arc of a 1963.86 foot radius
503	503	curve-to-the-left (radius point of said curve falls along a bearing
504	504	of North 19 degrees 20 minutes 48 seconds East), subtending a
505	505	central angle of 16 degrees 13 minutes 27 seconds, through an arc
506	506	length of 556.10 feet (chord bearing of South 78 degrees 45 minutes
507	507	56 seconds East, 554.24 feet) to the POINT OF BEGINNING and
508	508	containing 440.146 acres (19,172,762 square feet) of land.
509	509	Tract 3
510	510	A tract or parcel of land containing 10.536 acres (458,955 square
511	511	feet) out of Lot 1 of Section 15 of said Harris County School Land
512	512	Survey, Abstract No 332, Harris County, Texas; said 10.536 acres
513	513	being that same tract of land called 10.5483 acres described by deed
514	514	recorded in HCCF No M577056 ("Tract 3", therein) and conveyed to
515	515	Delta Troy Interests, Ltd by deed recorded in X381657 and more
516	516	particularly described by metes and bounds as follows:
517	517	BEGINNING at a 1/2 inch iron rod found marking the Northwest corner
518	518	of the intersection of the northerly right-of-way line of U.S. 290
519	519	and the westerly right-of-way line of Kickapoo Road (66'
520	520	right-of-way), same being the Southeast corner of the herein
521	521	described tract;
522	522	THENCE North 87 degrees 42 minutes 07 seconds West, along the
523	523	northerly right-of-way line of said U.S. 290, a distance of 468.34
524	524	feet to a 5/8 inch iron rod set marking a point-of-curvature in
525	525	said northerly right-of-way line; a 3/8 inch iron rod found bears
526	526	South 56 degrees 27 minutes 32 seconds East, 2.03 feet from said
527	527	point-of-curvature;
528	528	THENCE clockwise along said northerly right-of-way line and
529	529	following a 532.96 foot radius curve-to-the-right, subtending a
530	530	central angle of 38 degrees 27 minutes 09 seconds, through an arc
531	531	length of 357.68 feet (chord bearing of North 73 degrees 04 minutes
532	532	18 seconds West, 351.01 feet) to a 5/8 inch iron rod set marking a
533	533	point-of-tangency in said northerly right-of-way line; said
534	534	point-of-tangency being located in the northerly right-of-way line
535	535	of U.S. 290, 160.00 feet at right angles from the centerline, across
536	536	from Engineers Station 174+17.41;
537	537	THENCE North 53 degrees 50 minutes 44 seconds West, along said
538	538	northerly right-of-way line, a distance of 595.14 feet (call:
539	539	596.40 feet) to a 5/8 inch iron rod set marking the Northwest corner
540	540	of the herein described tract in the common line of Lot 16 of
541	541	Section 10 and said Lot 1 of Section 15;
542	542	THENCE North 87 degrees 57 minutes 51 seconds East, along said
543	543	common line, same being the centerline of the aforesaid unnamed 66'
544	544	roadway, a distance of 1266.25 feet (call: 1266.84 feet) to a 5/8
545	545	inch iron rod set in the westerly right-of-way line of said Kickapoo
546	546	Road marking the Northeast corner of the herein described tract; a 1
547	547	inch iron pipe found marking the Southeast corner of the called
548	548	78.9245 acre Schindler tract bears North 02 degrees 15 minutes 05
549	549	seconds West, 33.00 feet for reference;
550	550	THENCE South 02 degrees 15 minutes 05 seconds East, along the
551	551	westerly right-of-way line of said Kickapoo Road, a distance of
552	552	479.89 feet (call: 480.13 feet) to the POINT OF BEGINNING and
553	553	containing 10.536 acres (458,955 square feet) of land.
554	554	Tract 4
555	555	A tract or parcel of land containing 283.558 acres (12,351,801
556	556	square feet) out of Lots 1, 2, 3, 6-11, 15, & 16 of Section 10 of
557	557	said Harris County School Land Survey, Abstract No 332, Harris
558	558	County, Texas; said 283.558 acres being out of that tract of land
559	559	called 393.3575 acres described by deed recorded in HCCF No M577056
560	560	("Tract 4-A", therein) and conveyed to Delta Troy Interests, Ltd by
561	561	deed recorded in X381657 and more particularly described by metes
562	562	and bounds as follows:
563	563	BEGINNING at a 5/8 inch iron rod set marking the Northeast corner of
564	564	the herein described tract, same being the southwest corner of the
565	565	intersection of Kickapoo Road and said FM 2920 (aka Waller-Tomball
566	566	Road); a 1 inch iron pipe found bears South 02 degrees 15 minutes 05
567	567	seconds East, 0.99 foot from said property corner;
568	568	THENCE South 02 degrees 15 minutes 05 seconds East (call: South 02
569	569	degrees 17 minutes 53 seconds East), along the westerly
570	570	right-of-way line of said Kickapoo Road (66' right-of-way), a
571	571	distance of 2592.60 feet (HCCF No M798918; call: 2593.01 feet-HCCF
572	572	No M577056) to a 5/8 inch iron rod set marking the most northerly
573	573	Southeast corner of the herein described tract, same being in the
574	574	common line of Lots 8 and 9 of said Section 10 and being the
575	575	Northeast corner of that called 78.9245 acre Schindler tract of
576	576	land described in HCCF No M798918 and that called 23.6773 acre tract
577	577	out of same conveyed to Michael McDonald and wife, Kimela McDonald,
578	578	by deed recorded in HCCF No X611580; a 5/8 inch iron rod found bears
579	579	North 87 degrees 33 minutes 33 seconds East, 2.99 feet from said
580	580	corner;
581	581	Thence South 87 degrees 33 minutes 33 seconds West, along the common
582	582	line of said Lots 8 and 9, same being the northerly line of said
583	583	78.9245 acre Schindler tract, a distance of 1316.56 feet (call:
584	584	1316.44 feet - HCCF No M798918) to a 1 inch iron pipe found for
585	585	corner, same being the common corner of Lots 7, 8, 9, and 10 of said
586	586	Section 10 and the Northwest corner of said 78.9245 acre Schindler
587	587	tract; a capped iron rod found bears North 41 degrees 57 minutes 18
588	588	seconds East, 12.64 feet from said corner;
589	589	THENCE South 02 degrees 31 minutes 48 seconds East, along the common
590	590	line of Lots 9, 10, 15, and 16 of said Section 10, same being the
591	591	westerly line of said 78.9245 acre Schindler tract, passing at a
592	592	distance of 2618.58 feet (call: 2617.89 feet- HCCF No M798918) a 1
593	593	inch iron pipe found marking the most Southwest corner of said
594	594	78.9245 acre Schindler tract, same being in the northerly line of
595	595	the aforesaid unnamed 66' roadway, continuing a total distance of
596	596	2621.94 feet (call: 2631.01 feet) to a 5/8 inch iron rod set in the
597	597	northerly right-of-way line of the aforesaid U.S. 290 marking the
598	598	most southerly Southeast corner of the herein described tract;
599	599	THENCE North 53 degrees 50 minutes 44 seconds West, along the
600	600	northerly right-of-way line of said U.S. 290, a distance of 1915.33
601	601	feet (call: 1917.64 feet) to a 5/8 inch iron rod set marking a
602	602	point-of-curvature in the northerly right-of-way line of U.S. 290,
603	603	160.00 feet at right angles from the centerline, across from
604	604	Engineers Station 148+59.00;
605	605	THENCE along said northerly right-of-way line, counter-clockwise,
606	606	following the arc of a 7799.44 foot radius curve-to-the-left,
607	607	subtending a central angle of 04 degrees 50 min 53 seconds, through
608	608	an arc length of 659.96 feet (chord bearing of North 55 degrees 16
609	609	minutes 11 seconds West, 659.76 feet) to the Southwest corner of the
610	610	herein described tract, same being the Southeast corner of that
611	611	called 107.6370 acre tract conveyed to Peter S. Terpstra by deed
612	612	recorded in HCCF No 20070033123; a 3/8 inch iron rod found bears
613	613	South 79 degrees 56 minutes 25 seconds West, 0.88 foot from said
614	614	corner;
615	615	THENCE North 02 degrees 18 minutes 00 seconds West, crossing Lots
616	616	11, 6, and 3 of said Section 10 and along the easterly line of said
617	617	107.6370 acre tract, a distance of 3638.55 feet (call: 3639.80
618	618	feet) to a 5/8 inch iron rod set in the southerly right-of-way line
619	619	of FM 2920 (aka Waller-Tomball Road - 100' right-of-way) marking
620	620	the Northwest corner of the herein described tract, same being the
621	621	Northeast corner of said 107.6370 acres; 5/8 inch iron rods found
622	622	marking the northeast and northwest corners of a 10'x20' SWBT
623	623	easement dedicated by instrument recorded in HCCF No H844991 bear
624	624	South 87 degrees 42 minutes 00 seconds West, along said southerly
625	625	right-of-way line at 379.81 feet and 399.81 feet, respectively,
626	626	from said property corner;
627	627	THENCE North 87 degrees 42 minutes 00 seconds East, along said
628	628	southerly right-of-way line, passing at 2940.90 feet a 5/8 inch
629	629	iron rod found marking the northeast corner of a 20'x20' SWBT
630	630	easement dedicated by instrument recorded in HCCF No H844992,
631	631	continuing a total distance of 3341.68 feet (call: 3335.99 feet) to
632	632	the POINT OF BEGINNING and containing 283.558 acres (12,351,801
633	633	square feet) of land.
634	634	Tract 5
635	635	Being 0.992 acre (43,220 square feet) out of Lot 1, Section 9 of
636	636	Harris County School Land Survey, Abstract No 332 and being that
637	637	called 1 acre conveyed to Leon Schindler and R.G. Schindler by deed
638	638	recorded in Volume 2187, Page 525 of the Deed Records of Harris
639	639	County, Texas; said 0.992 acre fronting 208.00 feet on Binford Road
640	640	and being surrounded on three sides by that called 127.96 acre tract
641	641	conveyed to Peter S. Terpstra, Trustee, by deed recorded in HCCF Nos
642	642	20060246634 & 20060246637; said 0.992 acre also being that same
643	643	tract of land called 1 acre conveyed to Leon Schindler and R.G.
644	644	Schindler by deed recorded in Vol 2187, Pg 525, HCDR ("Fourth
645	645	Tract", therein) and called 0.9922 acre as described by deed
646	646	recorded in HCCF No M577056 ("Tract 5", therein) and conveyed to
647	647	Delta Troy Interests, Ltd by deed recorded in X381657 and more
648	648	particularly described by metes and bounds as follows:
649	649	COMMENCING at a 5/8 inch iron rod found marking the Southerly end of
650	650	cut-back corner at the northwest corner of the intersection of the
651	651	aforesaid U.S. 290 (new) and Binford Road; said corner being
652	652	located in the northerly right-of-way line of U.S. 290, 248.90 feet
653	653	at right angles from the centerline, across from Engineers Station
654	654	118+23.58;
655	655	THENCE North 56 degrees 39 minutes 54 seconds East, along said
656	656	cut-back, a distance of 97.00 feet to a point in the westerly
657	657	right-of-way line of said Binford Road at the Northerly end of said
658	658	cut-back;
659	659	THENCE North 03 degrees 59 minutes 00 seconds East, along the
660	660	westerly right-of-way line of said Binford Road (right-of-way
661	661	varies at this point), a distance of 370.87 feet to a 5/8 inch iron
662	662	rod found marking an angle point in said westerly right-of-way
663	663	line;
664	664	THENCE North 02 degrees 42 minutes 01 seconds West, along the
665	665	westerly right-of-way line of said Binford Road (66' right-of-way),
666	666	a distance of 1690.50 feet to a 1 inch iron pipe found marking the
667	667	POINT OF BEGINNING and southeast corner of the herein described
668	668	tract;
669	669	THENCE South 89 degrees 52 minutes 54 seconds West, crossing said
670	670	Lot 1 of Section 9, a distance of 208.00 feet to a 5/8 inch iron rod
671	671	set marking the southwest corner of the herein described tract; a
672	672	5/8 inch iron rod found bears North 14 degrees 12 minutes 39 seconds
673	673	East, 2.36 feet from said corner;
674	674	THENCE North 02 degrees 42 seconds 01 seconds West (call: North 02
675	675	degrees 41 seconds 16 seconds West, crossing said Lot 1 of Section
676	676	9, a distance of 208.00 feet to a 5/8 inch iron rod set marking the
677	677	northwest corner of the herein described tract;
678	678	THENCE North 89 degrees 52 minutes 54 seconds East, crossing said
679	679	Lot 1 of Section 9, a distance of 208.00 feet to a 1 inch iron pipe
680	680	found in the westerly right-of-way line of said Binford Road (66'
681	681	right-of-way) marking the northeast corner of the herein described
682	682	tract;
683	683	THENCE South 02 degrees 42 minutes 01 seconds East (call:
684	684	South 02 degrees 41 minutes 16 seconds East, along the westerly
685	685	right-of-way line of said Binford Road, a distance of 208.00 feet to
686	686	the POINT OF BEGINNING and containing 0.992 acre (43,220 square
687	687	feet) of land.
688	688	SECTION 3. (a) The legal notice of the intention to
689	689	introduce this Act, setting forth the general substance of this
690	690	Act, has been published as provided by law, and the notice and a
691	691	copy of this Act have been furnished to all persons, agencies,
692	692	officials, or entities to which they are required to be furnished
693	693	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
694	694	Government Code.
695	695	(b) The governor, one of the required recipients, has
696	696	submitted the notice and Act to the Texas Commission on
697	697	Environmental Quality.
698	698	(c) The Texas Commission on Environmental Quality has filed
699	699	its recommendations relating to this Act with the governor, the
700	700	lieutenant governor, and the speaker of the house of
701	701	representatives within the required time.
702	702	(d) All requirements of the constitution and laws of this
703	703	state and the rules and procedures of the legislature with respect
704	704	to the notice, introduction, and passage of this Act are fulfilled
705	705	and accomplished.
706	706	SECTION 4. This Act takes effect immediately if it receives
707	707	a vote of two-thirds of all the members elected to each house, as
708	708	provided by Section 39, Article III, Texas Constitution. If this
709	709	Act does not receive the vote necessary for immediate effect, this
710	710	Act takes effect September 1, 2009.
711	711	* * * * *