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Texas Senate Bill SB1295

Texas 2009 - 81st Regular

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11 S.B. No. 1295
22
33
44 AN ACT
55 relating to the creation of the Aliana Management District;
66 providing authority to impose a tax and issue bonds.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. Subtitle C, Title 4, Special District Local Laws
99 Code, is amended by adding Chapter 3865 to read as follows:
1010 CHAPTER 3865. ALIANA MANAGEMENT DISTRICT
1111 SUBCHAPTER A. GENERAL PROVISIONS
1212 Sec. 3865.001. DEFINITIONS. In this chapter:
1313 (1) "Board" means the district's board of directors.
1414 (2) "Director" means a board member.
1515 (3) "District" means the Aliana Management District.
1616 Sec. 3865.002. NATURE OF DISTRICT. The district is a
1717 special district created under Sections 52 and 52-a, Article III,
1818 and Section 59, Article XVI, Texas Constitution.
1919 Sec. 3865.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
2020 (a) The district is created to serve a public purpose and benefit.
2121 (b) All land and other property included in the district
2222 will benefit from the improvements and services to be provided by
2323 the district under powers conferred by Sections 52 and 52-a,
2424 Article III, and Section 59, Article XVI, Texas Constitution, and
2525 other powers granted under this chapter.
2626 (c) The district is created to accomplish the purposes of a
2727 municipal management district as provided by general law and
2828 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2929 Texas Constitution.
3030 (d) The creation of the district is in the public interest
3131 and is essential to:
3232 (1) further the public purposes of developing and
3333 diversifying the economy of the state;
3434 (2) eliminate unemployment and underemployment; and
3535 (3) develop or expand transportation and commerce.
3636 (e) The district will:
3737 (1) promote the health, safety, and general welfare of
3838 residents, employers, potential employees, employees, visitors,
3939 and consumers in the district, and of the public;
4040 (2) provide needed funding for the district to
4141 preserve, maintain, and enhance the economic health and vitality of
4242 the district territory as a community and business center; and
4343 (3) promote the health, safety, welfare, and enjoyment
4444 of the public by providing pedestrian ways and by landscaping and
4545 developing certain areas in the district, which are necessary for
4646 the restoration, preservation, and enhancement of scenic beauty.
4747 (f) Pedestrian ways along or across a street, whether at
4848 grade or above or below the surface, and street lighting, street
4949 landscaping, parking, and street art objects are parts of and
5050 necessary components of a street and are considered to be a street
5151 or road improvement.
5252 (g) The district will not act as the agent or
5353 instrumentality of any private interest even though the district
5454 will benefit many private interests as well as the public.
5555 Sec. 3865.004. INITIAL DISTRICT TERRITORY. (a) The
5656 district is initially composed of the territory described by
5757 Section 2 of the Act creating this chapter.
5858 (b) The boundaries and field notes contained in Section 2 of
5959 the Act creating this chapter form a closure. A mistake made in the
6060 field notes or in copying the field notes in the legislative process
6161 does not affect the district's:
6262 (1) organization, existence, or validity;
6363 (2) right to issue any type of bond for the purposes
6464 for which the district is created or to pay the principal of and
6565 interest on a bond;
6666 (3) right to impose a tax; or
6767 (4) legality or operation.
6868 Sec. 3865.005. COUNTY CONSENT REQUIRED. The district may
6969 not take any action until the Commissioners Court of Fort Bend
7070 County consents by resolution to the creation of the district.
7171 [Sections 3865.006-3865.050 reserved for expansion]
7272 SUBCHAPTER B. BOARD OF DIRECTORS
7373 Sec. 3865.051. GOVERNING BODY; TERMS. (a) The district is
7474 governed by a board of five directors.
7575 (b) Except as provided by Section 3865.053, directors serve
7676 staggered four-year terms.
7777 (c) The initial and each succeeding board of directors shall
7878 recommend to the Fort Bend County Commissioners Court persons to
7979 serve on the succeeding board.
8080 (d) After reviewing the recommendations, the commissioners
8181 court shall approve or disapprove the directors recommended by the
8282 board.
8383 (e) If the commissioners court is not satisfied with the
8484 recommendations submitted by the board, the board, on the request
8585 of the commissioners court, shall submit additional
8686 recommendations.
8787 (f) Board members may serve successive terms.
8888 (g) If a court finds any provision of Subsections (c)-(f) to
8989 be invalid, the Texas Commission on Environmental Quality shall
9090 appoint the board from recommendations submitted by the preceding
9191 board.
9292 Sec. 3865.052. QUALIFICATIONS. To be qualified to serve as
9393 a director, a person must meet the qualifications of Section
9494 375.063, Local Government Code.
9595 Sec. 3865.053. INITIAL DIRECTORS. (a) The initial board
9696 consists of:
9797 (1) Jeff Gilman;
9898 (2) Charles D. Marcucci;
9999 (3) Charles H. Weiss;
100100 (4) Hillary Burke; and
101101 (5) Greg Valikonis.
102102 (b) The initial directors shall draw lots to determine which
103103 two shall serve two-year terms and which three shall serve
104104 four-year terms.
105105 [Sections 3865.054-3865.100 reserved for expansion]
106106 SUBCHAPTER C. POWERS AND DUTIES
107107 Sec. 3865.101. GENERAL POWERS AND DUTIES. The district has
108108 the powers and duties necessary to accomplish the purposes for
109109 which the district is created.
110110 Sec. 3865.102. MUNICIPAL MANAGEMENT DISTRICT POWERS AND
111111 DUTIES. The district has the powers and duties provided by the
112112 general law of this state, including Chapter 375, Local Government
113113 Code, applicable to municipal management districts created under
114114 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
115115 Texas Constitution, except the district may not construct, acquire,
116116 maintain, or operate a turnpike or toll road.
117117 Sec. 3865.103. EXERCISE OF POWERS OF DEVELOPMENT
118118 CORPORATION. The district may exercise the powers of a corporation
119119 created under Chapter 505, Local Government Code.
120120 Sec. 3865.104. SPORTS VENUE. The district may construct,
121121 acquire, improve, maintain, and operate a sports venue, including
122122 an arena, coliseum, stadium, or other type of area or facility used
123123 for one or more professional or amateur sports or athletics events.
124124 Sec. 3865.105. ECONOMIC DEVELOPMENT. The district may
125125 create economic development programs and exercise the economic
126126 development powers that:
127127 (1) Chapter 380, Local Government Code, provides to a
128128 municipality with a population of more than 100,000; and
129129 (2) Chapter 1509, Government Code, provides to any
130130 municipality, except the district may not create the programs or
131131 exercise the powers provided by Subchapter E of that chapter.
132132 Sec. 3865.106. NO EMINENT DOMAIN. The district may not
133133 exercise the power of eminent domain.
134134 [Sections 3865.107-3865.150 reserved for expansion]
135135 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
136136 Sec. 3865.151. ELECTIONS REGARDING TAXES OR BONDS.
137137 (a) The district may issue, without an election, bonds and other
138138 obligations secured by revenue or contract payments from any source
139139 other than ad valorem taxation.
140140 (b) The district must hold an election in the manner
141141 provided by Chapters 49 and 54, Water Code, to obtain voter approval
142142 before the district may impose an ad valorem tax or issue bonds
143143 payable from ad valorem taxes.
144144 (c) The district may not issue bonds payable from ad valorem
145145 taxes to finance a road project unless the issuance is approved by a
146146 vote of a two-thirds majority of the district voters voting at an
147147 election held for that purpose.
148148 Sec. 3865.152. OPERATION AND MAINTENANCE TAX. (a) If
149149 authorized at an election held under Section 3865.151, the district
150150 may impose an operation and maintenance tax on taxable property in
151151 the district in accordance with Section 49.107, Water Code.
152152 (b) The board shall determine the tax rate. The rate may not
153153 exceed the rate approved at the election.
154154 Sec. 3865.153. CONTRACT TAXES. (a) In accordance with
155155 Section 49.108, Water Code, the district may make payments under a
156156 contract from taxes other than operation and maintenance taxes
157157 after the provisions of the contract have been approved by a
158158 majority of the district voters voting at an election held for that
159159 purpose.
160160 (b) A contract approved by the district voters may contain a
161161 provision stating that the contract may be modified or amended by
162162 the board without further voter approval.
163163 Sec. 3865.154. HOTEL OCCUPANCY TAX. The district may
164164 impose a hotel occupancy tax in the manner provided in Section
165165 351.002, Tax Code. A tax imposed under this section may not exceed
166166 the maximum rate provided in Section 351.003(a), Tax Code.
167167 Sec. 3865.155. SALES AND USE TAX. (a) The district may
168168 impose a sales and use tax if authorized by a majority of the voters
169169 of the district voting at an election called for that purpose.
170170 Revenue from the tax may be used for any purpose for which ad
171171 valorem tax revenue of the district may be used.
172172 (b) The district may not adopt a sales and use tax if as a
173173 result of the adoption of the tax the combined rate of all sales and
174174 use taxes imposed by the district and other political subdivisions
175175 of this state having territory in the district would exceed two
176176 percent at any location in the district.
177177 (c) If the voters of the district approve the adoption of
178178 the tax at an election held on the same election date on which
179179 another political subdivision adopts a sales and use tax or
180180 approves an increase in the rate of its sales and use tax and as a
181181 result the combined rate of all sales and use taxes imposed by the
182182 district and other political subdivisions of this state having
183183 territory in the district would exceed two percent at any location
184184 in the district, the election to adopt a sales and use tax under
185185 this chapter has no effect.
186186 (d) Chapter 321, Tax Code, applies to the imposition,
187187 computation, administration, enforcement, and collection of the
188188 sales and use tax imposed by this section except to the extent it is
189189 inconsistent with this chapter.
190190 [Sections 3865.156-3865.200 reserved for expansion]
191191 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
192192 Sec. 3865.201. AUTHORITY TO ISSUE BONDS AND OTHER
193193 OBLIGATIONS. The district may issue bonds or other obligations
194194 payable wholly or partly from ad valorem taxes, impact fees,
195195 revenue, contract payments, grants, hotel occupancy taxes, sales
196196 and use taxes, revenue from economic development agreements under
197197 Chapter 380 or 381, Local Government Code, other district money, or
198198 any combination of those sources, to pay for any authorized
199199 district purpose.
200200 Sec. 3865.202. TAXES FOR BONDS. (a) At the time the
201201 district issues bonds payable wholly or partly from ad valorem
202202 taxes, the board shall provide for the annual imposition of an ad
203203 valorem tax, without limit as to rate or amount, as required by
204204 Section 54.601, Water Code.
205205 (b) The board shall annually impose the tax while all or
206206 part of the bonds are outstanding. Sections 54.601 and 54.602,
207207 Water Code, govern the amount and rate of the tax.
208208 Sec. 3865.203. BONDS FOR ROAD PROJECTS. At the time of
209209 issuance, the total principal amount of bonds or other obligations
210210 issued or incurred to finance road projects may not exceed
211211 one-fourth of the assessed value of the real property in the
212212 district.
213213 SECTION 2. The Aliana Management District initially
214214 includes all the territory contained in the following area:
215215 BEING a tract or parcel of land situated in the Jane Wilkins
216216 League, Abstract No. 96 and the Jesse H. Cartwright League,
217217 Abstract No. 16, Fort Bend County, Texas, and being all of a called
218218 23.441 acre tract of land described in a Deed to HEB Grocery
219219 Company, LP, as recorded in Clerk's File No. 2008113371 of the
220220 Official Public Records of Fort Bend County, Texas, and being part
221221 of a called 1997.624 acre tract of land described in a Deed to BAM
222222 Houston Real Estate Investment, L.P., as recorded in Clerk's File
223223 No. 2005091010 of the Official Public Records of Fort Bend County,
224224 Texas, and being part of a called 314.079 acre tract of land
225225 described as Part Two and part of a called 79.678 acre tract of land
226226 described as Part Three in a Deed to Aliana Development Company, as
227227 recorded in Clerk's File No. 2007074437 of the Official Public
228228 Records of Fort Bend County, Texas, and being all of West Airport
229229 Boulevard per Plat recorded in Clerk's File No. 20080069 of the
230230 Official Public Records of Fort Bend County, Texas, and being all of
231231 West Aliana Trace Drive per Plat recorded in Clerk's File No.
232232 20070248 of the Official Public Records of Fort Bend County, Texas,
233233 and also being a portion of F.M. Highway No. 1464 right-of-way
234234 described in Save & Except Tract 1 per said Deed to BAM Houston Real
235235 Estate Investment, L.P., recorded in Clerk's File No. 2005091010,
236236 and being more particularly described as follows:
237237 BEGINNING at a point for corner at the intersection of the
238238 East line of Harlem Road (called 71.5' wide right-of-way) with the
239239 South line of Madden Road (variable width right-of-way), said point
240240 being the most Westerly Northwest corner of the above cited
241241 1997.624 acre tract of land;
242242 THENCE North 87 degrees 53 minutes 31 seconds East along the
243243 North line of said 1997.624 acre tract and the South line of said
244244 Madden Road, for a distance of 2244.25 feet to a point for corner,
245245 said point being the Northeast corner of the above cited West Aliana
246246 Trace Drive, (100' right-of-way per said Plat);
247247 THENCE South 02 degrees 06 minutes 29 seconds East along the
248248 East line of said West Aliana Trace Drive, for a distance of 50.00
249249 feet to a point for corner at the beginning of a non-tangent curve
250250 to the left;
251251 THENCE in a Southwesterly direction, along the East line of
252252 said West Aliana Trace Drive, and along said non-tangent curve to
253253 the left having a central angle of 90 degrees 02 minutes 51 seconds,
254254 a radius of 25.00 feet, a chord bearing of South 42 degrees 51
255255 minutes 45 seconds West, a chord distance of 35.37 feet and an arc
256256 length of 39.29 feet to a point for corner;
257257 THENCE South 02 degrees 10 minutes 00 seconds East along the
258258 East line of said West Aliana Trace Drive, for a distance of 666.87
259259 feet to a point for corner;
260260 THENCE North 87 degrees 22 minutes 54 seconds East departing
261261 the East line of said West Aliana Trace Drive, for a distance of
262262 292.30 feet to a point for corner at the beginning of a non-tangent
263263 curve to the left;
264264 THENCE in a Southeasterly direction, along said non-tangent
265265 curve to the left having a central angle of 70 degrees 31 minutes 43
266266 seconds, a radius of 75.00 feet, a chord bearing of South 57 degrees
267267 21 minutes 14 seconds East, a chord distance of 86.60 feet and an
268268 arc length of 92.32 feet to a point for corner;
269269 THENCE North 87 degrees 22 minutes 54 seconds East for a
270270 distance of 741.82 feet to a point for corner;
271271 THENCE South 02 degrees 37 minutes 06 seconds East for a
272272 distance of 1200.65 feet to a point for corner;
273273 THENCE South 87 degrees 22 minutes 54 seconds West for a
274274 distance of 405.02 feet to a point for corner at the beginning of a
275275 curve to the left;
276276 THENCE in a Southwesterly direction, along said curve to the
277277 left having a central angle of 68 degrees 53 minutes 05 seconds, a
278278 radius of 75.00 feet, a chord bearing of South 52 degrees 56 minutes
279279 21 seconds West, a chord distance of 84.84 feet and an arc length of
280280 90.17 feet to a point for corner;
281281 THENCE South 87 degrees 22 minutes 54 seconds West for a
282282 distance of 387.46 feet to a point for corner;
283283 THENCE North 01 degrees 11 minutes 15 seconds West passing
284284 the occupied Southeast corner of a called 2 acre tract of land
285285 described in a Deed to Pleasant Green Missionary Baptist Church, as
286286 recorded in Volume K, Page 654 of the Deed Records of Fort Bend
287287 County, Texas, at a distance of 68.94 feet, and continuing along the
288288 East line of same for a total distance of 484.17 feet to a point for
289289 corner at the occupied Northeast corner of same;
290290 THENCE North 89 degrees 21 minutes 05 seconds West along the
291291 North line of said 2 acre tract, passing the occupied Northwest
292292 corner of same at a distance of 205.32 feet, and continuing for a
293293 total distance of 226.53 feet to a point for corner, said point
294294 being the beginning of a non-tangent curve to the right;
295295 THENCE in a Southerly direction, along said non-tangent curve
296296 to the right having a central angle of 09 degrees 14 minutes 22
297297 seconds, a radius of 2550.00 feet, a chord bearing of South 02
298298 degrees 13 minutes 29 seconds East, a chord distance of 410.77 feet
299299 and an arc length of 411.21 feet to a point for corner at the
300300 beginning of a reverse curve to the left;
301301 THENCE in a Southeasterly direction, along said reverse curve
302302 to the left having a central angle of 39 degrees 39 minutes 45
303303 seconds, a radius of 1450.00 feet, a chord bearing of South 17
304304 degrees 26 minutes 10 seconds East, a chord distance of 983.83 feet
305305 and an arc length of 1003.75 feet to a point for corner at the
306306 beginning of a reverse curve to the right;
307307 THENCE in a Southeasterly direction, along said reverse curve
308308 to the right having a central angle of 03 degrees 27 minutes 52
309309 seconds, a radius of 4050.00 feet, a chord bearing of South 35
310310 degrees 32 minutes 06 seconds East, a chord distance of 244.84 feet
311311 and an arc length of 244.88 feet to a point for corner at the
312312 beginning of a reverse curve to the left;
313313 THENCE in a Southeasterly direction, along said reverse curve
314314 to the left having a central angle of 89 degrees 17 minutes 49
315315 seconds, a radius of 25.00 feet, a chord bearing of South 78 degrees
316316 27 minutes 05 seconds East, a chord distance of 35.14 feet and an
317317 arc length of 38.96 feet to a point for corner;
318318 THENCE North 56 degrees 54 minutes 01 seconds East for a
319319 distance of 408.48 feet to a point for corner at the beginning of a
320320 curve to the right;
321321 THENCE in an Easterly direction, along said curve to the
322322 right having a central angle of 30 degrees 28 minutes 53 seconds, a
323323 radius of 1475.00 feet, a chord bearing of North 72 degrees 08
324324 minutes 27 seconds East, a chord distance of 775.48 feet and an arc
325325 length of 784.70 feet to a point for corner;
326326 THENCE North 87 degrees 22 minutes 54 seconds East for a
327327 distance of 1331.98 feet to a point for corner;
328328 THENCE South 02 degrees 37 minutes 06 seconds East for a
329329 distance of 406.66 feet to a point for corner in the Northerly line
330330 of the above cited West Airport Boulevard, said point being the
331331 beginning of a non-tangent curve to the right;
332332 THENCE in an Easterly direction, along the Northerly line of
333333 said West Airport Boulevard, and along said non-tangent curve to
334334 the right having a central angle of 00 degrees 16 minutes 08
335335 seconds, a radius of 5050.00 feet, a chord bearing of North 82
336336 degrees 29 minutes 45 seconds East, a chord distance of 23.70 feet
337337 and an arc length of 23.70 feet to a point for corner at the
338338 beginning of a compound curve to the right;
339339 THENCE in an Easterly direction, continuing along the
340340 Northerly line of said West Airport Boulevard, and along said
341341 compound curve to the right having a central angle of 30 degrees 18
342342 minutes 31 seconds, a radius of 7050.00 feet, a chord bearing of
343343 South 82 degrees 12 minutes 56 seconds East, a chord distance of
344344 3686.02 feet and an arc length of 3729.35 feet to a point for
345345 corner;
346346 THENCE South 67 degrees 03 minutes 40 seconds East continuing
347347 along the Northerly line of said West Airport Boulevard, for a
348348 distance of 665.98 feet to a point for corner at the beginning of a
349349 curve to the left;
350350 THENCE in a Southeasterly direction, continuing along the
351351 Northerly line of said West Airport Boulevard, and along said curve
352352 to the left having a central angle of 11 degrees 49 minutes 23
353353 seconds, a radius of 3950.00 feet, a chord bearing of South 72
354354 degrees 58 minutes 19 seconds East, a chord distance of 813.64 feet
355355 and an arc length of 815.08 feet to a point for corner;
356356 THENCE North 02 degrees 10 minutes 00 seconds West departing
357357 the Northerly line of said West Airport Boulevard, for a distance of
358358 714.11 feet to a point for corner;
359359 THENCE North 87 degrees 22 minutes 54 seconds East for a
360360 distance of 847.36 feet to a point for corner in the Westerly line
361361 of F.M. Highway No. 1464 (a variable width right-of-way), said
362362 point also being the beginning of a non-tangent curve to the left;
363363 THENCE in a Northwesterly direction, along the Westerly line
364364 of said F.M. Highway No. 1464, and along said non-tangent curve to
365365 the left having a central angle of 18 degrees 13 minutes 08 seconds,
366366 a radius of 4900.00 feet, a chord bearing of North 23 degrees 16
367367 minutes 40 seconds West, a chord distance of 1551.56 feet and an arc
368368 length of 1558.11 feet to a point for corner;
369369 THENCE North 32 degrees 23 minutes 16 seconds West along the
370370 Westerly line of said F.M. Highway No. 1464, for a distance of
371371 1364.57 feet to a point for corner, said point also being an
372372 interior Northeast corner of the above cited 314.079 acre tract;
373373 THENCE South 57 degrees 36 minutes 44 seconds West along an
374374 interior North line of said 314.079 acre tract, for a distance of
375375 300.00 feet to a point for corner at an interior Northwest corner of
376376 same;
377377 THENCE North 32 degrees 23 minutes 16 seconds West departing
378378 an interior Northwest corner of said 314.079 acre tract, and
379379 passing an interior Southeast corner of said 314.079 acre tract at a
380380 distance of 170.58 feet, and continuing along an interior East line
381381 of same for a total distance of 1178.58 feet to a point for corner;
382382 THENCE North 31 degrees 33 minutes 58 seconds West continuing
383383 along an interior East line of said 314.079 acre tract, for a
384384 distance of 144.01 feet to a point for corner;
385385 THENCE North 30 degrees 02 minutes 18 seconds West continuing
386386 along an interior East line of said 314.079 acre tract, for a
387387 distance of 144.12 feet to a point for corner;
388388 THENCE North 27 degrees 59 minutes 24 seconds West continuing
389389 along an interior East line of said 314.079 acre tract, for a
390390 distance of 241.96 feet to a point for corner in the Southerly line
391391 of West Bellfort, a 100' right-of-way per Plat recorded in Clerk's
392392 File No. 20070260 of the Official Public Records of Fort Bend
393393 County, Texas;
394394 THENCE in a Northeasterly direction, along the Southerly line
395395 of said West Bellfort, and along a non-tangent curve to the left
396396 having a central angle of 02 degrees 16 minutes 09 seconds, a radius
397397 of 4050.00 feet, a chord bearing of North 60 degrees 17 minutes 55
398398 seconds East, a chord distance of 160.39 feet and an arc length of
399399 160.40 feet to a point for corner;
400400 THENCE North 59 degrees 09 minutes 49 seconds East along the
401401 projected Southerly line of said West Bellfort, for a distance of
402402 360.27 feet to a point for corner at the beginning of a curve to the
403403 left;
404404 THENCE in a Northeasterly direction, along the Southerly line
405405 of said West Bellfort, and along said curve to the left having a
406406 central angle of 07 degrees 57 minutes 06 seconds, a radius of
407407 2050.00 feet, a chord bearing of North 55 degrees 11 minutes 14
408408 seconds East, a chord distance of 284.27 feet and an arc length of
409409 284.50 feet to a point for corner at the beginning of a non-tangent
410410 curve to the left;
411411 THENCE in a Southeasterly direction, departing the Southerly
412412 line of said West Bellfort, and along said non-tangent curve to the
413413 left having a central angle of 06 degrees 41 minutes 00 seconds, a
414414 radius of 4546.73 feet, a chord bearing of South 29 degrees 02
415415 minutes 46 seconds East, a chord distance of 530.05 feet and an arc
416416 length of 530.35 feet to a point for corner;
417417 THENCE South 32 degrees 23 minutes 16 seconds East for a
418418 distance of 1173.43 feet to a point for corner, said point being an
419419 interior Northwest corner of a called 27.013 acre tract of land
420420 described as Part Five in a Deed to Aliana Development Company, as
421421 recorded in Clerk's File No. 2007074437 of the Official Public
422422 Records of Fort Bend County, Texas;
423423 THENCE South 57 degrees 36 minutes 44 seconds West along a
424424 Northwesterly line of said 27.013 acre tract, for a distance of
425425 300.00 feet to a point for corner in the Easterly line of the above
426426 cited F.M. Highway No. 1464;
427427 THENCE South 32 degrees 23 minutes 16 seconds East along the
428428 Easterly line of said F.M. Highway No. 1464, for a distance of
429429 1364.58 feet to a point for corner at the beginning of a curve to the
430430 right;
431431 THENCE in a Southeasterly direction, along the Easterly line
432432 of said F.M. Highway No. 1464, and along said curve to the right
433433 having a central angle of 06 degrees 38 minutes 36 seconds, a radius
434434 of 5100.00 feet, a chord bearing of South 29 degrees 03 minutes 58
435435 seconds East, a chord distance of 591.00 feet and an arc length of
436436 591.33 feet to a point for corner at the beginning of a non-tangent
437437 curve to the right;
438438 THENCE in a Northeasterly direction, along the Northerly line
439439 of said F.M. Highway No. 1464, and along said non-tangent curve to
440440 the right having a central angle of 18 degrees 38 minutes 36
441441 seconds, a radius of 1050.00 feet, a chord bearing of North 79
442442 degrees 22 minutes 45 seconds East, a chord distance of 340.15 feet
443443 and an arc length of 341.66 feet to a point for corner;
444444 THENCE North 88 degrees 42 minutes 09 seconds East along the
445445 Northerly line of said F.M. Highway No. 1464, for a distance of
446446 44.67 feet to a point for corner in the East line of the above cited
447447 1997.624 acre tract, said point also being the original West line of
448448 F.M. Highway No. 1464;
449449 THENCE South 02 degrees 33 minutes 11 seconds East along the
450450 East line of said 1997.624 acre tract, for a distance of 3682.01
451451 feet to a point for corner;
452452 THENCE South 87 degrees 37 minutes 59 seconds West along the
453453 Easterly line of said 1997.624 acre tract, for a distance of 35.60
454454 feet to a point for corner;
455455 THENCE South 02 degrees 16 minutes 30 seconds East along the
456456 Easterly line of said 1997.624 acre tract, for a distance of 18.37
457457 feet to a point for corner at the beginning of a non-tangent curve
458458 to the right;
459459 THENCE in a Southerly direction, along the Easterly line of
460460 said 1997.624 acre tract and along said non-tangent curve to the
461461 right having a central angle of 04 degrees 32 minutes 47 seconds, a
462462 radius of 1834.86 feet, a chord bearing of South 00 degrees 15
463463 minutes 57 seconds East, a chord distance of 145.56 feet and an arc
464464 length of 145.59 feet to a point for corner;
465465 THENCE South 87 degrees 38 minutes 52 seconds West departing
466466 the Easterly line of said 1997.624 acre tract, passing the Westerly
467467 line of said F.M. Highway No. 1464 and the Northeast corner of a
468468 called 9.000 acre tract of land conveyed to Grand Parkway Baptist
469469 Church, Inc., per Deed recorded in Clerk's File No. 2006108454 of
470470 the Official Public Records of Fort Bend County, Texas, at a
471471 distance of 56.34 feet, and continuing along the North line of said
472472 9.000 acre tract for a total distance of 1386.76 feet to a point for
473473 corner at the Northwest corner of same, said point also being in the
474474 most Easterly West line of said 1997.624 acre tract;
475475 THENCE North 02 degrees 19 minutes 34 seconds West along the
476476 most Easterly West line of said 1997.624 acre tract, passing an
477477 interior corner of same at a distance of 706.82 feet, and continuing
478478 for a total distance of 2037.21 feet to a point for corner in the
479479 Southerly line of said West Airport Boulevard, said point also
480480 being the beginning of a non-tangent curve to the right;
481481 THENCE in a Northwesterly direction, along the Southerly line
482482 of said West Airport Boulevard, and along said non-tangent curve to
483483 the right having a central angle of 07 degrees 47 minutes 10
484484 seconds, a radius of 4050.00 feet, a chord bearing of North 70
485485 degrees 57 minutes 14 seconds West, a chord distance of 549.94 feet
486486 and an arc length of 550.36 feet to a point for corner;
487487 THENCE North 67 degrees 03 minutes 40 seconds West continuing
488488 along the Southerly line of said West Airport Boulevard, for a
489489 distance of 665.97 feet to a point for corner at the beginning of a
490490 curve to the left;
491491 THENCE in a Westerly direction, continuing along the
492492 Southerly line of said West Airport Boulevard, and along said curve
493493 to the left having a central angle of 30 degrees 18 minutes 31
494494 seconds, a radius of 6950.00 feet, a chord bearing of North 82
495495 degrees 12 minutes 55 seconds West, a chord distance of 3633.74 feet
496496 and an arc length of 3676.46 feet to a point for corner at the
497497 beginning of a compound curve to the left;
498498 THENCE in a Westerly direction, continuing along the
499499 Southerly line of said West Airport Boulevard, and along said
500500 compound curve to the left having a central angle of 00 degrees 22
501501 minutes 14 seconds, a radius of 4950.00 feet, a chord bearing of
502502 South 82 degrees 26 minutes 42 seconds West, a chord distance of
503503 32.01 feet and an arc length of 32.01 feet to a point for corner;
504504 THENCE South 02 degrees 37 minutes 06 seconds East departing
505505 the Southerly line of said West Airport Boulevard, for a distance of
506506 531.47 feet to a point for corner at the beginning of a non-tangent
507507 curve to the left;
508508 THENCE in a Southeasterly direction, along said non-tangent
509509 curve to the left having a central angle of 39 degrees 14 minutes 06
510510 seconds, a radius of 2340.00 feet, a chord bearing of South 22
511511 degrees 00 minutes 28 seconds East, a chord distance of 1571.26 feet
512512 and an arc length of 1602.38 feet to a point for corner;
513513 THENCE South 23 degrees 59 minutes 26 seconds East for a
514514 distance of 100.00 feet to a point for corner at the beginning of a
515515 non-tangent curve to the right;
516516 THENCE in a Westerly direction, along said non-tangent curve
517517 to the right having a central angle of 39 degrees 21 minutes 16
518518 seconds, a radius of 2400.00 feet, a chord bearing of South 85
519519 degrees 41 minutes 12 seconds West, a chord distance of 1616.26 feet
520520 and an arc length of 1648.47 feet to a point for corner at the
521521 beginning of a non-tangent curve to the left;
522522 THENCE in a Southeasterly direction, along said non-tangent
523523 curve to the left having a central angle of 72 degrees 37 minutes 15
524524 seconds, a radius of 2745.59 feet, a chord bearing of South 11
525525 degrees 22 minutes 49 seconds East, a chord distance of 3251.66 feet
526526 and an arc length of 3479.97 feet to a point for corner at the
527527 beginning of compound curve to the left;
528528 THENCE in a Southeasterly direction, along said compound
529529 curve to the left having a central angle of 21 degrees 24 minutes 28
530530 seconds, a radius of 955.00 feet, a chord bearing of South 58
531531 degrees 23 minutes 40 seconds East, a chord distance of 354.75 feet
532532 and an arc length of 356.82 feet to a point for corner at the
533533 beginning of a reverse curve to the right;
534534 THENCE in a Southerly direction, along said reverse curve to
535535 the right having a central angle of 135 degrees 47 minutes 22
536536 seconds, a radius of 1045.00 feet, a chord bearing of South 01
537537 degrees 12 minutes 14 seconds East, a chord distance of 1936.37 feet
538538 and an arc length of 2476.62 feet to a point for corner;
539539 THENCE South 66 degrees 41 minutes 27 seconds West for a
540540 distance of 606.68 feet to a point in the Easterly line of State
541541 Highway No. 99 (Grand Parkway - variable width right-of-way), said
542542 point being North 23 degrees 17 minutes 58 seconds West a distance
543543 of 2960.15 feet from the most Southerly corner of the above cited
544544 1997.624 acre tract of land;
545545 THENCE North 23 degrees 17 minutes 58 seconds West along the
546546 Easterly line of said State Highway No. 99, for a distance of
547547 4218.77 feet to a point for corner at the beginning of a curve to the
548548 right;
549549 THENCE in a Northwesterly direction, along the Easterly line
550550 of said State Highway No. 99, and along said curve to the right
551551 having a central angle of 02 degrees 06 minutes 53 seconds, a radius
552552 of 22768.31 feet, a chord bearing of North 22 degrees 14 minutes 18
553553 seconds West, a chord distance of 840.31 feet and an arc length of
554554 840.36 feet to a point for corner;
555555 THENCE North 21 degrees 08 minutes 45 seconds West along the
556556 Easterly line of said State Highway No. 99, for a distance of 508.80
557557 feet to a point for corner;
558558 THENCE North 18 degrees 04 minutes 14 seconds West along the
559559 Easterly line of said State Highway No. 99, for a distance of 396.37
560560 feet to a point for corner;
561561 THENCE North 19 degrees 01 minutes 30 seconds West along the
562562 Easterly line of said State Highway No. 99, for a distance of 397.76
563563 feet to a point for corner;
564564 THENCE North 23 degrees 18 minutes 33 seconds West along the
565565 Easterly line of said State Highway No. 99, for a distance of
566566 3050.42 feet to a point for corner at the beginning of a non-tangent
567567 curve to the left;
568568 THENCE in a Northwesterly direction, along the Easterly line
569569 of said State Highway No. 99, and along said non-tangent curve to
570570 the left having a central angle of 30 degrees 21 minutes 14 seconds,
571571 a radius of 3064.79 feet, a chord bearing of North 38 degrees 27
572572 minutes 57 seconds West, a chord distance of 1604.73 feet and an arc
573573 length of 1623.65 feet to a point for corner;
574574 THENCE North 35 degrees 03 minutes 03 seconds West along the
575575 Easterly line of said State Highway No. 99, for a distance of 46.01
576576 feet to a point for corner in the East line of the above cited Harlem
577577 Road;
578578 THENCE North 03 degrees 04 minutes 30 seconds West along the
579579 East line of said Harlem Road, for a distance of 225.00 feet to a
580580 point for corner;
581581 THENCE North 06 degrees 11 minutes 01 seconds West along the
582582 East line of said Harlem Road, for a distance of 100.20 feet to a
583583 point for corner;
584584 THENCE North 03 degrees 03 minutes 53 seconds West along the
585585 East line of said Harlem Road, for a distance of 450.53 feet to the
586586 POINT OF BEGINNING, and containing 655.9 acres of land, more or
587587 less.
588588 SECTION 3. (a) The legal notice of the intention to
589589 introduce this Act, setting forth the general substance of this
590590 Act, has been published as provided by law, and the notice and a
591591 copy of this Act have been furnished to all persons, agencies,
592592 officials, or entities to which they are required to be furnished
593593 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
594594 Government Code.
595595 (b) The governor, one of the required recipients, has
596596 submitted the notice and Act to the Texas Commission on
597597 Environmental Quality.
598598 (c) The Texas Commission on Environmental Quality has filed
599599 its recommendations relating to this Act with the governor, the
600600 lieutenant governor, and the speaker of the house of
601601 representatives within the required time.
602602 (d) All requirements of the constitution and laws of this
603603 state and the rules and procedures of the legislature with respect
604604 to the notice, introduction, and passage of this Act are fulfilled
605605 and accomplished.
606606 SECTION 4. This Act takes effect immediately if it receives
607607 a vote of two-thirds of all the members elected to each house, as
608608 provided by Section 39, Article III, Texas Constitution. If this
609609 Act does not receive the vote necessary for immediate effect, this
610610 Act takes effect September 1, 2009.
611611 ______________________________ ______________________________
612612 President of the Senate Speaker of the House
613613 I hereby certify that S.B. No. 1295 passed the Senate on
614614 April 16, 2009, by the following vote: Yeas 31, Nays 0.
615615 ______________________________
616616 Secretary of the Senate
617617 I hereby certify that S.B. No. 1295 passed the House on May
618618 12, 2009, by the following vote: Yeas 149, Nays 0, one present not
619619 voting.
620620 ______________________________
621621 Chief Clerk of the House
622622 Approved:
623623 ______________________________
624624 Date
625625 ______________________________
626626 Governor