Texas 2009 - 81st Regular

Texas Senate Bill SB2537 Compare Versions

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1	1	By: Patrick S.B. No. 2537
2	2	(In the Senate - Filed April 17, 2009; April 20, 2009, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 7, 2009, reported favorably by the following vote:
5	5	Yeas 4, Nays 0; May 7, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of the Harris County Municipal Utility
11	11	District No. 524; providing authority to impose a tax and issue
12	12	bonds; granting a limited power of eminent domain.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8354 to read as follows:
16	16	CHAPTER 8354. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 524
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8354.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Director" means a board member.
21	21	(3) "District" means the Harris County Municipal
22	22	Utility District No. 524.
23	23	Sec. 8354.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8354.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8354.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 8354.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8354.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, or improvement of
43	43	macadamized, graveled, or paved roads described by Section 54.234,
44	44	Water Code, or improvements, including storm drainage, in aid of
45	45	those roads.
46	46	Sec. 8354.006. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act creating this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act creating this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	[Sections 8354.007-8354.050 reserved for expansion]
60	60	SUBCHAPTER B. BOARD OF DIRECTORS
61	61	Sec. 8354.051. GOVERNING BODY; TERMS. (a) The district is
62	62	governed by a board of five elected directors.
63	63	(b) Except as provided by Section 8354.052, directors serve
64	64	staggered four-year terms.
65	65	Sec. 8354.052. TEMPORARY DIRECTORS. (a) On or after the
66	66	effective date of the Act creating this chapter, the owner or owners
67	67	of a majority of the assessed value of the real property in the
68	68	district may submit a petition to the Texas Commission on
69	69	Environmental Quality requesting that the commission appoint as
70	70	temporary directors the five persons named in the petition. The
71	71	commission shall appoint as temporary directors the five persons
72	72	named in the petition.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8354.003; or
76	76	(2) the fourth anniversary of the effective date of
77	77	the Act creating this chapter.
78	78	(c) If permanent directors have not been elected under
79	79	Section 8354.003 and the terms of the temporary directors have
80	80	expired, successor temporary directors shall be appointed or
81	81	reappointed as provided by Subsection (d) to serve terms that
82	82	expire on the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 8354.003; or
85	85	(2) the fourth anniversary of the date of the
86	86	appointment or reappointment.
87	87	(d) If Subsection (c) applies, the owner or owners of a
88	88	majority of the assessed value of the real property in the district
89	89	may submit a petition to the Texas Commission on Environmental
90	90	Quality requesting that the commission appoint as successor
91	91	temporary directors the five persons named in the petition. The
92	92	commission shall appoint as successor temporary directors the five
93	93	persons named in the petition.
94	94	[Sections 8354.053-8354.100 reserved for expansion]
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 8354.101. GENERAL POWERS AND DUTIES. The district has
97	97	the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 8354.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 8354.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
105	105	Section 52, Article III, Texas Constitution, the district may
106	106	design, acquire, construct, finance, issue bonds for, improve, and
107	107	convey to this state, a county, or a municipality for operation and
108	108	maintenance macadamized, graveled, or paved roads described by
109	109	Section 54.234, Water Code, or improvements, including storm
110	110	drainage, in aid of those roads.
111	111	(b) The district may exercise the powers provided by this
112	112	section without submitting a petition to or obtaining approval from
113	113	the Texas Commission on Environmental Quality as required by
114	114	Section 54.234, Water Code.
115	115	Sec. 8354.104. APPROVAL OF ROAD PROJECT. (a) The district
116	116	may not undertake a road project authorized by Section 8354.103
117	117	unless:
118	118	(1) each municipality or county that will operate and
119	119	maintain the road has approved the plans and specifications of the
120	120	road project, if a municipality or county will operate and maintain
121	121	the road; or
122	122	(2) the Texas Transportation Commission has approved
123	123	the plans and specifications of the road project, if the state will
124	124	operate and maintain the road.
125	125	(b) Except as provided by Subsection (a), the district is
126	126	not required to obtain approval from the Texas Transportation
127	127	Commission to design, acquire, construct, finance, issue bonds for,
128	128	improve, or convey a road project.
129	129	Sec. 8354.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
130	130	OR RESOLUTION. The district shall comply with all applicable
131	131	requirements of any ordinance or resolution that is adopted under
132	132	Section 54.016 or 54.0165, Water Code, and that consents to the
133	133	creation of the district or to the inclusion of land in the
134	134	district.
135	135	Sec. 8354.106. LIMITATION ON USE OF EMINENT DOMAIN. The
136	136	district may not exercise the power of eminent domain outside the
137	137	district to acquire a site or easement for:
138	138	(1) a road project authorized by Section 8354.103; or
139	139	(2) a recreational facility as defined by Section
140	140	49.462, Water Code.
141	141	Sec. 8354.107. DIVISION OF DISTRICT. (a) The district may
142	142	be divided into two or more new districts only if the district:
143	143	(1) has no outstanding bonded debt; and
144	144	(2) is not imposing ad valorem taxes.
145	145	(b) This chapter applies to any new district created by the
146	146	division of the district, and a new district has all the powers and
147	147	duties of the district.
148	148	(c) Any new district created by the division of the district
149	149	may not, at the time the new district is created, contain any land
150	150	outside the area described by Section 2 of the Act creating this
151	151	chapter.
152	152	(d) The board, on its own motion or on receipt of a petition
153	153	signed by the owner or owners of a majority of the assessed value of
154	154	the real property in the district, may adopt an order dividing the
155	155	district.
156	156	(e) The board may adopt an order dividing the district
157	157	before or after the date the board holds an election under Section
158	158	8354.003 to confirm the district's creation.
159	159	(f) An order dividing the district:
160	160	(1) shall:
161	161	(A) name each new district;
162	162	(B) include the metes and bounds of each new
163	163	district;
164	164	(C) appoint temporary directors for each new
165	165	district, or provide that the owner or owners of a majority of the
166	166	assessed value of the real property in each new district may submit
167	167	a petition to the Texas Commission on Environmental Quality
168	168	requesting that the commission appoint as temporary directors the
169	169	five persons named in the petition; and
170	170	(D) provide for the division of assets and
171	171	liabilities between or among the new districts; and
172	172	(2) is subject to a confirmation election in each new
173	173	district.
174	174	(g) On or before the 30th day after the date of adoption of
175	175	an order dividing the district, the district shall file the order
176	176	with the Texas Commission on Environmental Quality and record the
177	177	order in the real property records of each county in which the
178	178	district is located.
179	179	(h) Any new district created by the division of the district
180	180	shall hold a confirmation and directors' election as required by
181	181	Section 8354.003. The results of that election must be filed as
182	182	required by Sections 49.102(e) and (f), Water Code. If the voters
183	183	of a new district do not confirm the creation of the new district,
184	184	the assets, liabilities, territory, and governance of the new
185	185	district revert to the original district.
186	186	(i) Municipal consent to the creation of the district and to
187	187	the inclusion of land in the district granted under Section
188	188	8354.004 acts as municipal consent to the creation of any new
189	189	district created by the division of the district and to the
190	190	inclusion of land in the new district.
191	191	(j) Any new district created by the division of the district
192	192	must hold an election as required by this chapter to obtain voter
193	193	approval before the district may impose a maintenance tax or issue
194	194	bonds payable wholly or partly from ad valorem taxes.
195	195	Sec. 8354.108. FIREFIGHTING AND EMERGENCY MEDICAL
196	196	SERVICES. Subchapter L, Chapter 49, Water Code, applies to the
197	197	district.
198	198	[Sections 8354.109-8354.150 reserved for expansion]
199	199	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
200	200	Sec. 8354.151. ELECTIONS REGARDING TAXES OR BONDS.
201	201	(a) The district may issue, without an election, bonds and other
202	202	obligations secured by:
203	203	(1) revenue other than ad valorem taxes; or
204	204	(2) contract payments described by Section 8354.153.
205	205	(b) The district must hold an election in the manner
206	206	provided by Chapters 49 and 54, Water Code, to obtain voter approval
207	207	before the district may impose an ad valorem tax or issue bonds
208	208	payable from ad valorem taxes.
209	209	(c) The district may not issue bonds payable from ad valorem
210	210	taxes to finance a road project unless the issuance is approved by a
211	211	vote of a two-thirds majority of the district voters voting at an
212	212	election held for that purpose.
213	213	Sec. 8354.152. OPERATION AND MAINTENANCE TAX. (a) If
214	214	authorized at an election held under Section 8354.151, the district
215	215	may impose an operation and maintenance tax on taxable property in
216	216	the district in accordance with Section 49.107, Water Code.
217	217	(b) The board shall determine the tax rate. The rate may not
218	218	exceed the rate approved at the election.
219	219	Sec. 8354.153. CONTRACT TAXES. (a) In accordance with
220	220	Section 49.108, Water Code, the district may impose a tax other than
221	221	an operation and maintenance tax and use the revenue derived from
222	222	the tax to make payments under a contract after the provisions of
223	223	the contract have been approved by a majority of the district voters
224	224	voting at an election held for that purpose.
225	225	(b) A contract approved by the district voters may contain a
226	226	provision stating that the contract may be modified or amended by
227	227	the board without further voter approval.
228	228	[Sections 8354.154-8354.200 reserved for expansion]
229	229	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
230	230	Sec. 8354.201. AUTHORITY TO ISSUE BONDS AND OTHER
231	231	OBLIGATIONS. The district may issue bonds or other obligations
232	232	payable wholly or partly from ad valorem taxes, impact fees,
233	233	revenue, contract payments, grants, or other district money, or any
234	234	combination of those sources, to pay for any authorized district
235	235	purpose.
236	236	Sec. 8354.202. TAXES FOR BONDS. At the time the district
237	237	issues bonds payable wholly or partly from ad valorem taxes, the
238	238	board shall provide for the annual imposition of a continuing
239	239	direct ad valorem tax, without limit as to rate or amount, while all
240	240	or part of the bonds are outstanding as required and in the manner
241	241	provided by Sections 54.601 and 54.602, Water Code.
242	242	Sec. 8354.203. BONDS FOR ROAD PROJECTS. At the time of
243	243	issuance, the total principal amount of bonds or other obligations
244	244	issued or incurred to finance road projects and payable from ad
245	245	valorem taxes may not exceed one-fourth of the assessed value of the
246	246	real property in the district.
247	247	SECTION 2. The Harris County Municipal Utility District No.
248	248	524 initially includes all the territory contained in the following
249	249	area: 990.804 acres in 5 non-contiguous tracts out of Sections 9,
250	250	10, 15, and 16 of Harris County School Land Survey, Abstract No 332,
251	251	recorded in Vol 17, Pg 222 of the Deed Records of Harris County,
252	252	Texas and including within Tracts 1, 2, 3, and 4 an unnamed 66 foot
253	253	roadway as shown on the plat of said Harris County School Land being
254	254	granted by Commissioners Award recorded in Vol 7448, Pg 181, HCDR;
255	255	said roadway does not exist physically on the ground: (All bearings
256	256	used herein are based on Highway Right-of-Way Maps provided by the
257	257	Texas Department of Transportation)
258	258	Tract 1
259	259	A tract or parcel of land containing 255.572 acres (11,132,730
260	260	square feet) out of Lots 9, 10, 15, and 16 of Section 9 and Lots 1,
261	261	2, 7, & 8 of Section 16 of said Harris County School Land Survey,
262	262	Abstract No 332, Harris County, Texas; said 255.572 acres being
263	263	that same tract of land called 257.230 acres described by deed
264	264	recorded in HCCF No M577056 ("Tract 1", therein) and conveyed to
265	265	Delta Troy Interests, Ltd by deed recorded in X381657 and more
266	266	particularly described by metes and bounds as follows:
267	267	COMMENCING at a State Department of Highways and Public
268	268	Transportation Horizontal Control Monument located in the
269	269	southerly right-of-way line of U.S. 290, 160.00 feet at right
270	270	angles from the centerline, across from Engineers Station
271	271	109+27.74;
272	272	THENCE along said southerly right-of-way line, clockwise,
273	273	following the arc of a 1855.86 foot radius curve-to-the-right,
274	274	subtending a central angle of 03 degrees 20 min 18 seconds, through
275	275	an arc length of 108.13 feet (chord bearing of South 66 degrees 23
276	276	minutes 38 seconds East, 108.12 feet) to a 5/8 inch iron rod found
277	277	marking the POINT OF BEGINNING and most northerly Northeast corner
278	278	of the herein described tract, same being the East corner of that
279	279	called 12.4147 acre tract of land conveyed to Peter S. Terpstra,
280	280	Trustee by deed recorded in HCCF No 20060246633;
281	281	THENCE continuing along said right-of-way line and said curve,
282	282	subtending a central angle of 06 degrees 36 minutes 09 seconds,
283	283	through an arc length of 213.86 feet (chord bearing of South 61
284	284	degrees 25 minutes 25 seconds East, 213.74 feet) to a 5/8 inch iron
285	285	rod set marking the end of said curve; said point being located in
286	286	the southerly right-of-way line of U.S. 290, 202.32 feet at right
287	287	angles from the centerline, across from Engineers Station
288	288	112+46.53;
289	289	THENCE continuing along said right-of-line line, following the arc
290	290	of a 1963.86 foot radius curve-to-the-left (radius point of said
291	291	curve falls along a bearing of North 31 degrees 52 minutes 42
292	292	seconds East), subtending a central angle of 12 degrees 31 minutes
293	293	54 seconds, through an arc length of 429.54 feet (chord bearing of
294	294	South 64 degrees 23 minutes 15 seconds East, 428.68 feet) to a 5/8
295	295	inch iron rod set marking a point-of-tangency in the southerly
296	296	right-of-way line; said point-of-tangency being located in the
297	297	southerly right-of-way line of U.S. 290, 249.10 feet at right
298	298	angles from the centerline, across from Engineers Station
299	299	116+72.65;
300	300	THENCE South 70 degrees 39 minutes 12 seconds East, along said
301	301	right-of-way line, a distance of 382.15 feet to a 5/8 inch iron rod
302	302	set marking the Northerly end of cut-back corner at the southwest
303	303	corner of the intersection of said U.S. 290 and Binford Road; said
304	304	corner being located in the southerly right-of-way line of U.S.
305	305	290, 249.10 feet at right angles from the centerline, across from
306	306	Engineers Station 120+54.80;
307	307	THENCE South 30 degrees 37 minutes 41 seconds East, along said
308	308	cut-back, a distance of 95.73 feet to a 5/8 inch iron rod set
309	309	marking the Southerly end of said cut-back and the most Easterly
310	310	Northeast corner of the herein described tract; said corner being
311	311	located in the southerly right-of-way line of U.S. 290, 310.37 feet
312	312	at right angles from the centerline, across from Engineers Station
313	313	121+28.11;
314	314	THENCE South 09 degrees 03 minutes 59 seconds East, along the
315	315	westerly right-of-way of said Binford Road (right-of-way varies at
316	316	this point), a distance of 452.04 feet to a 5/8 inch iron rod set
317	317	marking an angle point in said right-of-way line; a 1 inch iron pipe
318	318	found bears South 03 degrees 41 minutes 58 seconds East, 35.93 feet
319	319	from said angle point;
320	320	THENCE South 02 degrees 39 minutes 08 seconds East, along the
321	321	westerly right-of-way line of said Binford Road (66' right-of-way)
322	322	and crossing Lots 9 and 16 of said Section 9 and Lots 1 and 8 of
323	323	Section 16, a distance of 3953.90 feet (call: 3954.35 feet) to a 5/8
324	324	inch iron rod set marking the Southeast corner of the herein
325	325	described tract, same being the Northwest corner of the
326	326	intersection of U.S. 290 (old)/State Highway 6 (aka Hempstead
327	327	Highway) and said Binford Road; a 5/8 inch iron rod found bears
328	328	North 68 degrees 08 minutes 01 seconds West, 4.54 feet from said
329	329	corner;
330	330	THENCE North 68 degrees 08 minutes 01 seconds West, along the
331	331	Northerly right-of-way line of said U.S. 290 (old)/State Highway 6
332	332	(aka Hempstead Highway) and crossing Lots 8, 7, and 2 of said
333	333	Section 16, a distance of 2899.51 feet (call: 2897.66 feet) to a 5/8
334	334	inch iron set marking the Southwest corner of the herein described
335	335	tract, same being the Southeast corner of that called 30.213 acre
336	336	tract of land conveyed to Michael L. Perry and Edna A. Perry by deed
337	337	recorded in HCCF No U717338; a 5/8 inch iron rod found bears South
338	338	02 degrees 24 minutes 55 seconds East, 7.01 feet from said corner;
339	339	THENCE North 02 degrees 24 minutes 55 seconds West, along the
340	340	Easterly line of said 30.213 acres, same being the Westerly line of
341	341	Lot 2 of said Section 16 and of Lots 15, 10, and 7 of said Section 9,
342	342	and with the Easterly line of that called 70.801 acre tract conveyed
343	343	to A.J. Foyt, Jr. by deed recorded in HCCF No U071611 and that
344	344	called 11.15 acre tract conveyed to L.J. Hakemack and wife, Ney
345	345	Hakemack, by deed recorded in HCCF No P056681, a distance of 3736.61
346	346	feet (call: 3753.11 feet) to a point for corner at the Northwest
347	347	corner of the herein described tract, same being the Southwest
348	348	corner of the aforesaid 12.4147 acre Terpstra Tract;
349	349	THENCE North 87 degrees 11 minutes 26 seconds East, along the
350	350	Southerly line of said 12.4147 acre tract, a distance of 1612.53
351	351	feet (call: 1623.36 feet) to the Point of Beginning and containing
352	352	255.572 Acres (11,132,730 square feet) of land.
353	353	Tract 2
354	354	A tract or parcel of land containing 440.146 acres (19,172,762
355	355	square feet) out of Lots 11-15 of Section 10 and Lots 1-12, 15, & 16
356	356	of Section 15 of said Harris County School Land Survey, Abstract No
357	357	332, Harris County, Texas; said 440.146 acres out of that same tract
358	358	of land called 451.6392 acres described by deed recorded in HCCF No
359	359	M577056 ("Tract 2-A", therein) and conveyed to Delta Troy
360	360	Interests, Ltd by deed recorded in X381657 and more particularly
361	361	described by metes and bounds as follows:
362	362	COMMENCING at a State Department of Highways and Public
363	363	Transportation Horizontal Control Monument located in the
364	364	southerly right-of-way line of U.S. 290, 160.00 feet at right
365	365	angles from the centerline, across from Engineers Station
366	366	109+27.74;
367	367	THENCE South 70 degrees 39 minutes 12 seconds East, a distance of
368	368	1690.16 feet to a point-of-curvature in the former southerly
369	369	right-of-way line of said U.S. 290; said point-of-curvature being
370	370	located 160.00 feet at right angles from the centerline, across
371	371	from Engineers Station 126+17.90;
372	372	THENCE along said former southerly right-of-way line, clockwise,
373	373	following the arc of a 7479.44 foot radius curve-to-the-right
374	374	(radius point of said curve falls along a bearing of South 19
375	375	degrees 20 minutes 48 seconds West), subtending a central angle of
376	376	03 degrees 05 min 32 seconds, through an arc length of 403.66 feet
377	377	(chord bearing of South 69 degrees 06 minutes 26 seconds East,
378	378	403.61 feet) to a 5/8 inch iron rod set in the current Southerly
379	379	right-of-way line of said U.S. 290 marking the POINT OF BEGINNING
380	380	and the most Easterly Northwest corner of the herein described
381	381	tract; said point being located 160.00 feet at right angles from the
382	382	centerline, across from Engineers Station 130+30.21;
383	383	THENCE continuing along said right-of-way line and said curve,
384	384	subtending a central angle of 13 degrees 42 minutes 56 seconds,
385	385	through an arc length of 1790.44 feet (chord bearing of South 60
386	386	degrees 42 minutes 12 seconds East, 1786.17 feet) to a 5/8 inch iron
387	387	rod set marking a point-of-tangency in said right-of-way line; said
388	388	point being located in the southerly right-of-way line of U.S. 290,
389	389	160.00 feet at right angles from the centerline, across from
390	390	Engineers Station 148+59.00;
391	391	THENCE South 53 degrees 50 minutes 44 seconds East, along said
392	392	right-of-way line, a distance of 2795.16 feet (call: 2793.73 feet -
393	393	TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
394	394	said right-of-way line;
395	395	THENCE along said southerly right-of-way line, clockwise,
396	396	following the arc of a 532.96 foot radius curve-to-the-right,
397	397	subtending a central angle of 51 degrees 31 min 30 seconds (call: 51
398	398	degrees 32 minutes 51 seconds - TxDOT), through an arc length of
399	399	478.76 feet (call: 479.28 feet - TxDOT) (chord bearing of South 28
400	400	degrees 04 minutes 59 seconds East, 463.29 feet) to a 5/8 inch iron
401	401	rod found marking a point-of-tangency in said southerly
402	402	right-of-way line;
403	403	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
404	404	degrees 17 minutes 53 seconds East - TxDOT), along said southerly
405	405	right-of-way line, a distance of 187.88 feet (call: 188.32 feet -
406	406	TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
407	407	said southerly right-of-way line;
408	408	THENCE counter-clockwise continuing along said right-of-way line
409	409	and a 612.96 foot radius curve-to-the-left, subtending a central
410	410	angle of 24 degrees 29 minutes 23 seconds (call: 24 degrees 34
411	411	minutes 06 seconds), through an arc length of 261.99 feet (call:
412	412	262.84 feet) (chord bearing of South 14 degrees 33 minutes 56
413	413	seconds East, 260.00 feet) to a 5/8 inch iron rod set for corner,
414	414	same being the most Northerly corner of that called 1.939 acre tract
415	415	of land conveyed to the State of Texas as a Drainage Easement for
416	416	Highway Purposes by deed recorded in HCCF No R450176 out of that
417	417	called 30 acre residue of that called 920.21 acre Schindler "First
418	418	Tract" as described by deed recorded in Vol 2187, Pg 525, HCDR;
419	419	THENCE South 63 degrees 11 minutes 23 seconds West (call: South 63
420	420	degrees 08 minutes 01 seconds West), along the northwesterly line
421	421	of said 1.939 acre tract, a distance of 620.23 feet (call: 620.08
422	422	feet) to a 5/8 inch iron rod set at the northwesterly corner of said
423	423	1.939 acre tract;
424	424	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
425	425	degrees 17 minutes 53 seconds East), along the westerly line of said
426	426	1.939 acre tract, passing at a distance of 1102.28 feet (call:
427	427	1100.29 feet) a 1/2 inch iron rod found marking the Southwest corner
428	428	of said 1.939 acre and 30 acre tract and the Northwest corner of
429	429	that called 10.298 acre tract conveyed to MRJ Wood Products by deed
430	430	recorded in HCCF No U232228, continuing along the westerly line of
431	431	said 10.298 acre tract, a total distance of 1502.28 feet (call:
432	432	1500.29 feet) to a 5/8 inch iron rod set for corner, same being the
433	433	southwest corner of said 10.298 acre tract;
434	434	THENCE North 87 degrees 40 minutes 46 seconds East (call: North 87
435	435	degrees 42 minutes 07 seconds East), along the southerly line of
436	436	said 10.298 acre tract, a distance of 1121.41 feet to a 5/8 inch
437	437	iron rod set in the Westerly right-of-way line of Kickapoo Road
438	438	marking the most Northerly Southeast corner of the herein described
439	439	tract, same being the southeasterly corner of said 10.298 acre
440	440	tract;
441	441	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
442	442	degrees 17 minutes 53 seconds East), along the Westerly
443	443	right-of-way line of said Kickapoo Road, a distance of 939.31 feet
444	444	(call: 938.70 feet) to a 1 inch iron pipe found for corner, same
445	445	being the Northeast corner of that called 2.401 acre tract conveyed
446	446	to Leaman Building Materials by deed recorded in HCCF No X159580
447	447	("Tract One");
448	448	THENCE North 68 degrees 08 minutes 01 seconds West, along the
449	449	northerly line of said 2.401 acre tract, a distance of 597.94 feet
450	450	(call: 600.00') to a 5/8 inch iron rod set for corner, same being
451	451	the Northwest corner of said 2.401 acre tract;
452	452	THENCE South 02 degrees 19 minutes 14 seconds East, along the
453	453	westerly line of said 2.401 acre tract and that called 1.804 acre
454	454	tract also conveyed to said Leaman Building Materials in said HCCF
455	455	No X159580 ("Tract Two"), a distance of 362.42 feet (call: 363.00
456	456	feet) to a 5/8 inch iron rod set in the northerly right-of-way line
457	457	of U.S. 290 (old)/State Highway 6 (aka Hempstead Highway) marking
458	458	the most Southerly Southeast corner of the herein described tract;
459	459	a 1 inch iron rod found bears South 02 degrees 19 minutes 14 seconds
460	460	East, 2.33 feet from said property corner; a 2 inch iron rod found
461	461	marking the Northeast corner of the intersection of said Kickapoo
462	462	Road and said U.S. 290 (old)/State Highway 6 (aka Hempstead
463	463	Highway) bears South 68 degrees 08 minutes 01 seconds East, 670.29
464	464	feet from said property corner;
465	465	THENCE North 68 degrees 08 minutes 01 seconds West, along the
466	466	northerly right-of-way line of said U.S. 290 (old)/State Highway 6
467	467	(aka Hempstead Highway), a distance of 5170.99 feet (call: 5167.61
468	468	feet) to a 5/8 inch iron rod set marking the Southwest corner of the
469	469	herein described tract, same being the Northeast corner of the
470	470	intersection of Binford Road and said U.S. 290 (old)/State Highway
471	471	6 (aka Hempstead Highway); a 5/8 inch iron rod set marking the
472	472	Northwest corner of said intersection bears North 68 degrees 08
473	473	minutes 01 seconds West, 72.54 feet from which a 5/8 inch iron rod
474	474	found bears North 68 degrees 08 minutes 01 seconds West, 4.54 feet;
475	475	THENCE North 02 degrees 39 minutes 08 seconds West, along the
476	476	Easterly right-of-way of said Binford Road (66' right-of-way), a
477	477	distance of 3983.74 feet (call: 3984.16 feet) to a 5/8 inch iron rod
478	478	set marking an angle point in said Easterly right-of-way line;
479	479	THENCE North 03 degrees 59 minutes 00 seconds East, continuing
480	480	along the Easterly right-of-way of said Binford Road (right-of-way
481	481	varies at this point), a distance of 370.66 feet to a 5/8 inch iron
482	482	rod set marking the Southerly end of cut-back corner at the
483	483	southeast corner of the intersection of the aforesaid U.S. 290
484	484	(new) and said Binford Road; said corner being located in the
485	485	southerly right-of-way line of U.S. 290, 326.25 feet at right
486	486	angles from the centerline, across from Engineers Station
487	487	123+06.25;
488	488	THENCE North 56 degrees 39 minutes 54 seconds East, along said
489	489	cut-back, a distance of 97.00 feet to a 5/8 inch iron rod set
490	490	marking the most Northerly Northwest corner of the herein described
491	491	tract; said corner being located in the southerly right-of-way line
492	492	of U.S. 290, 249.10 feet at right angles from the centerline, across
493	493	from Engineers Station 123+65.05;
494	494	THENCE South 70 degrees 39 minutes 12 seconds East, along said
495	495	right-of-way line, a distance of 107.61 feet to a 5/8 inch iron rod
496	496	set marking a point-of-curvature in said right-of-way line; said
497	497	point-of-curvature being located in the southerly right-of-way
498	498	line of U.S. 290, 249.10 feet at right angles from the centerline,
499	499	across from Engineers Station 124+72.67;
500	500	THENCE continuing along said right-of-line line,
501	501	counter-clockwise, following the arc of a 1963.86 foot radius
502	502	curve-to-the-left (radius point of said curve falls along a bearing
503	503	of North 19 degrees 20 minutes 48 seconds East), subtending a
504	504	central angle of 16 degrees 13 minutes 27 seconds, through an arc
505	505	length of 556.10 feet (chord bearing of South 78 degrees 45 minutes
506	506	56 seconds East, 554.24 feet) to the POINT OF BEGINNING and
507	507	containing 440.146 acres (19,172,762 square feet) of land.
508	508	Tract 3
509	509	A tract or parcel of land containing 10.536 acres (458,955 square
510	510	feet) out of Lot 1 of Section 15 of said Harris County School Land
511	511	Survey, Abstract No 332, Harris County, Texas; said 10.536 acres
512	512	being that same tract of land called 10.5483 acres described by deed
513	513	recorded in HCCF No M577056 ("Tract 3", therein) and conveyed to
514	514	Delta Troy Interests, Ltd by deed recorded in X381657 and more
515	515	particularly described by metes and bounds as follows:
516	516	BEGINNING at a 1/2 inch iron rod found marking the Northwest corner
517	517	of the intersection of the northerly right-of-way line of U.S. 290
518	518	and the westerly right-of-way line of Kickapoo Road (66'
519	519	right-of-way), same being the Southeast corner of the herein
520	520	described tract;
521	521	THENCE North 87 degrees 42 minutes 07 seconds West, along the
522	522	northerly right-of-way line of said U.S. 290, a distance of 468.34
523	523	feet to a 5/8 inch iron rod set marking a point-of-curvature in
524	524	said northerly right-of-way line; a 3/8 inch iron rod found bears
525	525	South 56 degrees 27 minutes 32 seconds East, 2.03 feet from said
526	526	point-of-curvature;
527	527	THENCE clockwise along said northerly right-of-way line and
528	528	following a 532.96 foot radius curve-to-the-right, subtending a
529	529	central angle of 38 degrees 27 minutes 09 seconds, through an arc
530	530	length of 357.68 feet (chord bearing of North 73 degrees 04 minutes
531	531	18 seconds West, 351.01 feet) to a 5/8 inch iron rod set marking a
532	532	point-of-tangency in said northerly right-of-way line; said
533	533	point-of-tangency being located in the northerly right-of-way line
534	534	of U.S. 290, 160.00 feet at right angles from the centerline, across
535	535	from Engineers Station 174+17.41;
536	536	THENCE North 53 degrees 50 minutes 44 seconds West, along said
537	537	northerly right-of-way line, a distance of 595.14 feet (call:
538	538	596.40 feet) to a 5/8 inch iron rod set marking the Northwest corner
539	539	of the herein described tract in the common line of Lot 16 of
540	540	Section 10 and said Lot 1 of Section 15;
541	541	THENCE North 87 degrees 57 minutes 51 seconds East, along said
542	542	common line, same being the centerline of the aforesaid unnamed 66'
543	543	roadway, a distance of 1266.25 feet (call: 1266.84 feet) to a 5/8
544	544	inch iron rod set in the westerly right-of-way line of said Kickapoo
545	545	Road marking the Northeast corner of the herein described tract; a 1
546	546	inch iron pipe found marking the Southeast corner of the called
547	547	78.9245 acre Schindler tract bears North 02 degrees 15 minutes 05
548	548	seconds West, 33.00 feet for reference;
549	549	THENCE South 02 degrees 15 minutes 05 seconds East, along the
550	550	westerly right-of-way line of said Kickapoo Road, a distance of
551	551	479.89 feet (call: 480.13 feet) to the POINT OF BEGINNING and
552	552	containing 10.536 acres (458,955 square feet) of land.
553	553	Tract 4
554	554	A tract or parcel of land containing 283.558 acres (12,351,801
555	555	square feet) out of Lots 1, 2, 3, 6-11, 15, & 16 of Section 10 of
556	556	said Harris County School Land Survey, Abstract No 332, Harris
557	557	County, Texas; said 283.558 acres being out of that tract of land
558	558	called 393.3575 acres described by deed recorded in HCCF No M577056
559	559	("Tract 4-A", therein) and conveyed to Delta Troy Interests, Ltd by
560	560	deed recorded in X381657 and more particularly described by metes
561	561	and bounds as follows:
562	562	BEGINNING at a 5/8 inch iron rod set marking the Northeast corner of
563	563	the herein described tract, same being the southwest corner of the
564	564	intersection of Kickapoo Road and said FM 2920 (aka Waller-Tomball
565	565	Road); a 1 inch iron pipe found bears South 02 degrees 15 minutes 05
566	566	seconds East, 0.99 foot from said property corner;
567	567	THENCE South 02 degrees 15 minutes 05 seconds East (call: South 02
568	568	degrees 17 minutes 53 seconds East), along the westerly
569	569	right-of-way line of said Kickapoo Road (66' right-of-way), a
570	570	distance of 2592.60 feet (HCCF No M798918; call: 2593.01 feet-HCCF
571	571	No M577056) to a 5/8 inch iron rod set marking the most northerly
572	572	Southeast corner of the herein described tract, same being in the
573	573	common line of Lots 8 and 9 of said Section 10 and being the
574	574	Northeast corner of that called 78.9245 acre Schindler tract of
575	575	land described in HCCF No M798918 and that called 23.6773 acre tract
576	576	out of same conveyed to Michael McDonald and wife, Kimela McDonald,
577	577	by deed recorded in HCCF No X611580; a 5/8 inch iron rod found bears
578	578	North 87 degrees 33 minutes 33 seconds East, 2.99 feet from said
579	579	corner;
580	580	Thence South 87 degrees 33 minutes 33 seconds West, along the common
581	581	line of said Lots 8 and 9, same being the northerly line of said
582	582	78.9245 acre Schindler tract, a distance of 1316.56 feet (call:
583	583	1316.44 feet - HCCF No M798918) to a 1 inch iron pipe found for
584	584	corner, same being the common corner of Lots 7, 8, 9, and 10 of said
585	585	Section 10 and the Northwest corner of said 78.9245 acre Schindler
586	586	tract; a capped iron rod found bears North 41 degrees 57 minutes 18
587	587	seconds East, 12.64 feet from said corner;
588	588	THENCE South 02 degrees 31 minutes 48 seconds East, along the common
589	589	line of Lots 9, 10, 15, and 16 of said Section 10, same being the
590	590	westerly line of said 78.9245 acre Schindler tract, passing at a
591	591	distance of 2618.58 feet (call: 2617.89 feet- HCCF No M798918) a 1
592	592	inch iron pipe found marking the most Southwest corner of said
593	593	78.9245 acre Schindler tract, same being in the northerly line of
594	594	the aforesaid unnamed 66' roadway, continuing a total distance of
595	595	2621.94 feet (call: 2631.01 feet) to a 5/8 inch iron rod set in the
596	596	northerly right-of-way line of the aforesaid U.S. 290 marking the
597	597	most southerly Southeast corner of the herein described tract;
598	598	THENCE North 53 degrees 50 minutes 44 seconds West, along the
599	599	northerly right-of-way line of said U.S. 290, a distance of 1915.33
600	600	feet (call: 1917.64 feet) to a 5/8 inch iron rod set marking a
601	601	point-of-curvature in the northerly right-of-way line of U.S. 290,
602	602	160.00 feet at right angles from the centerline, across from
603	603	Engineers Station 148+59.00;
604	604	THENCE along said northerly right-of-way line, counter-clockwise,
605	605	following the arc of a 7799.44 foot radius curve-to-the-left,
606	606	subtending a central angle of 04 degrees 50 min 53 seconds, through
607	607	an arc length of 659.96 feet (chord bearing of North 55 degrees 16
608	608	minutes 11 seconds West, 659.76 feet) to the Southwest corner of the
609	609	herein described tract, same being the Southeast corner of that
610	610	called 107.6370 acre tract conveyed to Peter S. Terpstra by deed
611	611	recorded in HCCF No 20070033123; a 3/8 inch iron rod found bears
612	612	South 79 degrees 56 minutes 25 seconds West, 0.88 foot from said
613	613	corner;
614	614	THENCE North 02 degrees 18 minutes 00 seconds West, crossing Lots
615	615	11, 6, and 3 of said Section 10 and along the easterly line of said
616	616	107.6370 acre tract, a distance of 3638.55 feet (call: 3639.80
617	617	feet) to a 5/8 inch iron rod set in the southerly right-of-way line
618	618	of FM 2920 (aka Waller-Tomball Road - 100' right-of-way) marking
619	619	the Northwest corner of the herein described tract, same being the
620	620	Northeast corner of said 107.6370 acres; 5/8 inch iron rods found
621	621	marking the northeast and northwest corners of a 10'x20' SWBT
622	622	easement dedicated by instrument recorded in HCCF No H844991 bear
623	623	South 87 degrees 42 minutes 00 seconds West, along said southerly
624	624	right-of-way line at 379.81 feet and 399.81 feet, respectively,
625	625	from said property corner;
626	626	THENCE North 87 degrees 42 minutes 00 seconds East, along said
627	627	southerly right-of-way line, passing at 2940.90 feet a 5/8 inch
628	628	iron rod found marking the northeast corner of a 20'x20' SWBT
629	629	easement dedicated by instrument recorded in HCCF No H844992,
630	630	continuing a total distance of 3341.68 feet (call: 3335.99 feet) to
631	631	the POINT OF BEGINNING and containing 283.558 acres (12,351,801
632	632	square feet) of land.
633	633	Tract 5
634	634	Being 0.992 acre (43,220 square feet) out of Lot 1, Section 9 of
635	635	Harris County School Land Survey, Abstract No 332 and being that
636	636	called 1 acre conveyed to Leon Schindler and R.G. Schindler by deed
637	637	recorded in Volume 2187, Page 525 of the Deed Records of Harris
638	638	County, Texas; said 0.992 acre fronting 208.00 feet on Binford Road
639	639	and being surrounded on three sides by that called 127.96 acre tract
640	640	conveyed to Peter S. Terpstra, Trustee, by deed recorded in HCCF Nos
641	641	20060246634 & 20060246637; said 0.992 acre also being that same
642	642	tract of land called 1 acre conveyed to Leon Schindler and R.G.
643	643	Schindler by deed recorded in Vol 2187, Pg 525, HCDR ("Fourth
644	644	Tract", therein) and called 0.9922 acre as described by deed
645	645	recorded in HCCF No M577056 ("Tract 5", therein) and conveyed to
646	646	Delta Troy Interests, Ltd by deed recorded in X381657 and more
647	647	particularly described by metes and bounds as follows:
648	648	COMMENCING at a 5/8 inch iron rod found marking the Southerly end of
649	649	cut-back corner at the northwest corner of the intersection of the
650	650	aforesaid U.S. 290 (new) and Binford Road; said corner being
651	651	located in the northerly right-of-way line of U.S. 290, 248.90 feet
652	652	at right angles from the centerline, across from Engineers Station
653	653	118+23.58;
654	654	THENCE North 56 degrees 39 minutes 54 seconds East, along said
655	655	cut-back, a distance of 97.00 feet to a point in the westerly
656	656	right-of-way line of said Binford Road at the Northerly end of said
657	657	cut-back;
658	658	THENCE North 03 degrees 59 minutes 00 seconds East, along the
659	659	westerly right-of-way line of said Binford Road (right-of-way
660	660	varies at this point), a distance of 370.87 feet to a 5/8 inch iron
661	661	rod found marking an angle point in said westerly right-of-way
662	662	line;
663	663	THENCE North 02 degrees 42 minutes 01 seconds West, along the
664	664	westerly right-of-way line of said Binford Road (66' right-of-way),
665	665	a distance of 1690.50 feet to a 1 inch iron pipe found marking the
666	666	POINT OF BEGINNING and southeast corner of the herein described
667	667	tract;
668	668	THENCE South 89 degrees 52 minutes 54 seconds West, crossing said
669	669	Lot 1 of Section 9, a distance of 208.00 feet to a 5/8 inch iron rod
670	670	set marking the southwest corner of the herein described tract; a
671	671	5/8 inch iron rod found bears North 14 degrees 12 minutes 39 seconds
672	672	East, 2.36 feet from said corner;
673	673	THENCE North 02 degrees 42 seconds 01 seconds West (call: North 02
674	674	degrees 41 seconds 16 seconds West, crossing said Lot 1 of Section
675	675	9, a distance of 208.00 feet to a 5/8 inch iron rod set marking the
676	676	northwest corner of the herein described tract;
677	677	THENCE North 89 degrees 52 minutes 54 seconds East, crossing said
678	678	Lot 1 of Section 9, a distance of 208.00 feet to a 1 inch iron pipe
679	679	found in the westerly right-of-way line of said Binford Road (66'
680	680	right-of-way) marking the northeast corner of the herein described
681	681	tract;
682	682	THENCE South 02 degrees 42 minutes 01 seconds East (call:
683	683	South 02 degrees 41 minutes 16 seconds East, along the westerly
684	684	right-of-way line of said Binford Road, a distance of 208.00 feet to
685	685	the POINT OF BEGINNING and containing 0.992 acre (43,220 square
686	686	feet) of land.
687	687	SECTION 3. (a) The legal notice of the intention to
688	688	introduce this Act, setting forth the general substance of this
689	689	Act, has been published as provided by law, and the notice and a
690	690	copy of this Act have been furnished to all persons, agencies,
691	691	officials, or entities to which they are required to be furnished
692	692	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
693	693	Government Code.
694	694	(b) The governor, one of the required recipients, has
695	695	submitted the notice and Act to the Texas Commission on
696	696	Environmental Quality.
697	697	(c) The Texas Commission on Environmental Quality has filed
698	698	its recommendations relating to this Act with the governor, the
699	699	lieutenant governor, and the speaker of the house of
700	700	representatives within the required time.
701	701	(d) All requirements of the constitution and laws of this
702	702	state and the rules and procedures of the legislature with respect
703	703	to the notice, introduction, and passage of this Act are fulfilled
704	704	and accomplished.
705	705	SECTION 4. This Act takes effect immediately if it receives
706	706	a vote of two-thirds of all the members elected to each house, as
707	707	provided by Section 39, Article III, Texas Constitution. If this
708	708	Act does not receive the vote necessary for immediate effect, this
709	709	Act takes effect September 1, 2009.
710	710	* * * * *