Texas 2009 - 81st Regular

Texas Senate Bill SB860 Compare Versions

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1	1	S.B. No. 860
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Fort Bend-Waller Counties Municipal
6	6	Utility District No. 2; providing authority to impose a tax and
7	7	issue bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8329 to read as follows:
11	11	CHAPTER 8329. FORT BEND-WALLER COUNTIES MUNICIPAL UTILITY
12	12	DISTRICT NO. 2
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8329.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Director" means a board member.
17	17	(3) "District" means the Fort Bend-Waller Counties
18	18	Municipal Utility District No. 2.
19	19	Sec. 8329.002. NATURE OF DISTRICT. The district is a
20	20	municipal utility district created under Section 59, Article XVI,
21	21	Texas Constitution.
22	22	Sec. 8329.003. CONFIRMATION AND DIRECTORS' ELECTION
23	23	REQUIRED. The temporary directors shall hold an election to
24	24	confirm the creation of the district and to elect five permanent
25	25	directors as provided by Section 49.102, Water Code.
26	26	Sec. 8329.004. CONSENT OF MUNICIPALITY REQUIRED. The
27	27	temporary directors may not hold an election under Section 8329.003
28	28	until each municipality in whose corporate limits or
29	29	extraterritorial jurisdiction the district is located has
30	30	consented by ordinance or resolution to the creation of the
31	31	district and to the inclusion of land in the district.
32	32	Sec. 8329.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
33	33	(a) The district is created to serve a public purpose and benefit.
34	34	(b) The district is created to accomplish the purposes of:
35	35	(1) a municipal utility district as provided by
36	36	general law and Section 59, Article XVI, Texas Constitution; and
37	37	(2) Section 52, Article III, Texas Constitution, that
38	38	relate to the construction, acquisition, improvement, operation,
39	39	or maintenance of macadamized, graveled, or paved roads, or
40	40	improvements, including storm drainage, in aid of those roads.
41	41	Sec. 8329.006. INITIAL DISTRICT TERRITORY. (a) The
42	42	district is initially composed of the territory described by
43	43	Section 2 of the Act creating this chapter.
44	44	(b) The boundaries and field notes contained in Section 2 of
45	45	the Act creating this chapter form a closure. A mistake made in the
46	46	field notes or in copying the field notes in the legislative process
47	47	does not affect the district's:
48	48	(1) organization, existence, or validity;
49	49	(2) right to issue any type of bond for the purposes
50	50	for which the district is created or to pay the principal of and
51	51	interest on a bond;
52	52	(3) right to impose a tax; or
53	53	(4) legality or operation.
54	54	[Sections 8329.007-8329.050 reserved for expansion]
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 8329.051. GOVERNING BODY; TERMS. (a) The district is
57	57	governed by a board of five elected directors.
58	58	(b) Except as provided by Section 8329.052, directors serve
59	59	staggered four-year terms.
60	60	Sec. 8329.052. TEMPORARY DIRECTORS. (a) The temporary
61	61	board consists of:
62	62	(1) Suzanne Corbin;
63	63	(2) Carolyn Davis;
64	64	(3) Jeff Hayes;
65	65	(4) Sharon Wallingford; and
66	66	(5) Ray Deyoe.
67	67	(b) Temporary directors serve until the earlier of:
68	68	(1) the date permanent directors are elected under
69	69	Section 8329.003; or
70	70	(2) the fourth anniversary of the effective date of
71	71	the Act creating this chapter.
72	72	(c) If permanent directors have not been elected under
73	73	Section 8329.003 and the terms of the temporary directors have
74	74	expired, successor temporary directors shall be appointed or
75	75	reappointed as provided by Subsection (d) to serve terms that
76	76	expire on the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 8329.003; or
79	79	(2) the fourth anniversary of the date of the
80	80	appointment or reappointment.
81	81	(d) If Subsection (c) applies, the owner or owners of a
82	82	majority of the assessed value of the real property in the district
83	83	may submit a petition to the commission requesting that the
84	84	commission appoint as successor temporary directors the five
85	85	persons named in the petition. The commission shall appoint as
86	86	successor temporary directors the five persons named in the
87	87	petition.
88	88	[Sections 8329.053-8329.100 reserved for expansion]
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8329.101. GENERAL POWERS AND DUTIES. The district has
91	91	the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8329.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8329.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8329.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards, zoning and
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8329.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	118	OR RESOLUTION. The district shall comply with all applicable
119	119	requirements of any ordinance or resolution that is adopted under
120	120	Section 54.016 or 54.0165, Water Code, and that consents to the
121	121	creation of the district or to the inclusion of land in the
122	122	district.
123	123	Sec. 8329.106. LIMITATION ON USE OF EMINENT DOMAIN. The
124	124	district may not exercise the power of eminent domain outside the
125	125	district to acquire a site or easement for:
126	126	(1) a road project authorized by Section 8329.103; or
127	127	(2) a recreational facility as defined by Section
128	128	49.462, Water Code.
129	129	[Sections 8329.107-8329.150 reserved for expansion]
130	130	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
131	131	Sec. 8329.151. ELECTIONS REGARDING TAXES OR BONDS.
132	132	(a) The district may issue, without an election, bonds and other
133	133	obligations secured by:
134	134	(1) revenue other than ad valorem taxes; or
135	135	(2) contract payments described by Section 8329.153.
136	136	(b) The district must hold an election in the manner
137	137	provided by Chapters 49 and 54, Water Code, to obtain voter approval
138	138	before the district may impose an ad valorem tax or issue bonds
139	139	payable from ad valorem taxes.
140	140	(c) The district may not issue bonds payable from ad valorem
141	141	taxes to finance a road project unless the issuance is approved by a
142	142	vote of a two-thirds majority of the district voters voting at an
143	143	election held for that purpose.
144	144	Sec. 8329.152. OPERATION AND MAINTENANCE TAX. (a) If
145	145	authorized at an election held under Section 8329.151, the district
146	146	may impose an operation and maintenance tax on taxable property in
147	147	the district in accordance with Section 49.107, Water Code.
148	148	(b) The board shall determine the tax rate. The rate may not
149	149	exceed the rate approved at the election.
150	150	Sec. 8329.153. CONTRACT TAXES. (a) In accordance with
151	151	Section 49.108, Water Code, the district may impose a tax other than
152	152	an operation and maintenance tax and use the revenue derived from
153	153	the tax to make payments under a contract after the provisions of
154	154	the contract have been approved by a majority of the district voters
155	155	voting at an election held for that purpose.
156	156	(b) A contract approved by the district voters may contain a
157	157	provision stating that the contract may be modified or amended by
158	158	the board without further voter approval.
159	159	[Sections 8329.154-8329.200 reserved for expansion]
160	160	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
161	161	Sec. 8329.201. AUTHORITY TO ISSUE BONDS AND OTHER
162	162	OBLIGATIONS. The district may issue bonds or other obligations
163	163	payable wholly or partly from ad valorem taxes, impact fees,
164	164	revenue, contract payments, grants, or other district money, or any
165	165	combination of those sources, to pay for any authorized district
166	166	purpose.
167	167	Sec. 8329.202. TAXES FOR BONDS. At the time the district
168	168	issues bonds payable wholly or partly from ad valorem taxes, the
169	169	board shall provide for the annual imposition of a continuing
170	170	direct ad valorem tax, without limit as to rate or amount, while all
171	171	or part of the bonds are outstanding as required and in the manner
172	172	provided by Sections 54.601 and 54.602, Water Code.
173	173	Sec. 8329.203. BONDS FOR ROAD PROJECTS. At the time of
174	174	issuance, the total principal amount of bonds or other obligations
175	175	issued or incurred to finance road projects and payable from ad
176	176	valorem taxes may not exceed one-fourth of the assessed value of the
177	177	real property in the district.
178	178	SECTION 2. The Fort Bend-Waller Counties Municipal Utility
179	179	District No. 2 initially includes all the territory contained in
180	180	the following area:
181	181	FIELD NOTES FOR A 472.573 ACRE TRACT OF LAND IN THE THOMAS
182	182	CRESOP SURVEY, ABSTRACT 405, WALLER COUNTY, TEXAS, ABSTRACT 369,
183	183	FORT BEND COUNTY, TEXAS, AND THE P. M. CUNY SURVEY, ABSTRACT 355,
184	184	WALLER COUNTY, TEXAS, THE ROBERT T. VAN SLYKE SURVEY, ABSTRACT 395,
185	185	WALLER COUNTY, TEXAS, AND THE W. W. BAINS SURVEY, ABSTRACT 385,
186	186	WALLER COUNTY, TEXAS, SAID 472.573 ACRE TRACT BEING COMPRISED OF
187	187	THAT CERTAIN CALLED 137.322 ACRE TRACT RECORDED IN VOLUME 1131,
188	188	PAGE 26, OFFICIAL RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN
189	189	CALLED 54.00 ACRE TRACT RECORDED IN VOLUME 1130, PAGE 776, OFFICIAL
190	190	RECORDS, WALLER COUNTY, TEXAS, THAT CERTAIN CALLED 136.8 ACRE TRACT
191	191	(TRACT ONE) AND THAT CERTAIN CALLED 135.5 ACRE TRACT (TRACT TWO)
192	192	RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2008102246, OFFICIAL
193	193	PUBLIC RECORD, FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 8.429
194	194	ACRE TRACT RECORDED IN VOLUME 0727, PAGE 840, OFFICIAL RECORDS,
195	195	WALLER COUNTY, TEXAS, AND THAT CERTAIN CALLED 0.506 ACRE TRACT
196	196	RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2002053393, OFFICIAL
197	197	PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, WITH ALL BEARINGS BASED
198	198	UPON THE TEXAS COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83, BASED
199	199	UPON GPS OBSERVATIONS OF NGS TRIANGULATION STATION "BROOKSHIRE".
200	200	BEGINNING at a 3/4 inch iron rod found at the intersection of
201	201	the south right-of-way line U. S. Highway 90 (100-feet wide) with
202	202	the east line of a 40-foot wide private road (marked Alt Lane) for
203	203	the northwest corner of said called 137.322 acre tract, and the most
204	204	westerly northwest corner and Place of Beginning of the herein
205	205	described tract, said point bears North 88 degrees 21 minutes 47
206	206	seconds East, 39.90 feet from a 5/8 inch iron rod with cap marked
207	207	"Tri-Tech";
208	208	THENCE North 88 degrees 44 minutes 46 seconds East along the
209	209	north line of the herein described tract and the north line of said
210	210	called 137.322 acre tract, same being the south right-of-way line
211	211	U. S. Highway 90, 2,037.44 feet to a 5/8 inch iron rod with cap
212	212	marked "3438" found for the northeast corner of the herein
213	213	described tract, same being the northwest corner of an adjoining
214	214	called 0.0971 acre tract described in deed recorded in Volume 0966,
215	215	Page 132, Official Records, Waller County, Texas;
216	216	THENCE South 04 degrees 55 minutes 35 seconds East along the
217	217	east line of the herein described tract, same being the west line of
218	218	said adjoining called 0.0971 acre tract, 411.10 feet to a 3/4 inch
219	219	iron pipe found for a reentry corner to the herein described tract,
220	220	same being the south corner of said adjoining called 0.0971 acre
221	221	tract, the southwest corner of an adjoining called 5.00 acre tract
222	222	described in deed recorded in Volume 0595, Page 540, Official
223	223	Records, Waller County, Texas, and the northwest corner of the
224	224	aforementioned called 54.00 acre tract, said point also being a
225	225	reentry corner of said W. W. Bains Survey, Abstract 385, same being
226	226	the upper northwest corner of the Robert T. Van Slyke Survey,
227	227	Abstract 395, and an angle point in the east line of said called
228	228	137.322 acre tract;
229	229	THENCE North 88 degrees 17 minutes 20 seconds East along a
230	230	north line of the herein described tract, the north line of said
231	231	called 54.00 acre tract, the north line of said Robert T. Van Slyke
232	232	Survey, Abstract 395, and the north line of said Thomas Cresop
233	233	Survey, Abstract 405, same being the south line of said W. W. Bains
234	234	Survey, Abstract 385, and the south line of said adjoining called
235	235	5.00 acre tract, 533.04 feet to a 3/4 inch iron rod found for an
236	236	angle point in the north line of the herein described tract, being
237	237	the southeast corner of said adjoining called 5.00 acre tract, same
238	238	being the southwest corner of an adjoining called 1.417 acre tract
239	239	described in Volume 0609, Page 784, Official Records, Waller
240	240	County, Texas;
241	241	THENCE North 88 degrees 07 minutes 31seconds East along a
242	242	north line of the herein described tract, the north line of said
243	243	called 54.00 acre tract, and the north line of said Thomas Cresop
244	244	Survey, Abstract 405, same being the south line of said W. W. Bains
245	245	Survey, Abstract 385, same being the south line of said adjoining
246	246	called 1.417 acre tract, the south line of an adjoining called 2.0
247	247	acre tract recorded in Volume 0562, Page 757, Official Records,
248	248	Waller County, Texas, and the south line of an adjoining called 1.0
249	249	acre tract (Tract 2) and an adjoining called 1.0 acre tract (Tract
250	250	1) recorded in Volume 0519, Page 703, Official Records, Waller
251	251	County, Texas, at 152.37 feet pass a 3/4 inch iron pipe found on
252	252	said line for the southeast corner of said adjoining called 1.417
253	253	acre tract, same being the southwest corner of said adjoining
254	254	called 2.0 acre tract, at 410.73 feet pass a 1/2 inch iron pipe with
255	255	cap marked "Kalkomey Surveying" found for the northeast corner of
256	256	said called 54.00 acre tract, same being the lower northwest corner
257	257	of said called 136.8 acre tract, and continuing for a total distance
258	258	of 586.81 feet to a railroad iron found for a reentry corner to the
259	259	herein described tract and a reentry corner to said called 136.8
260	260	acre tract, being the southeast corner of said adjoining called 1.0
261	261	acre tract (Tract 1), and the upper southeast corner of said W. W.
262	262	Bains Survey, Abstract 385, same being the southwest corner of the
263	263	aforementioned P. M. Cuny Survey, Abstract 355, said point also
264	264	being in the west right-of-way line of Apache Road (60-feet wide);
265	265	THENCE North 02 degrees 06 minutes 10 seconds West along the
266	266	upper west line of the herein described tract, the upper west line
267	267	of said called 136.8 acre tract, and the west line of said P. M. Cuny
268	268	Survey, Abstract 355, same being the east line of said adjoining
269	269	called 1.0 acre tract (Tract 1), and the upper east line of said W.
270	270	W. Bains Survey, Abstract 385, 399.97 feet to a 1/2 inch iron pipe
271	271	with cap marked "Kalkomey Surveying" found for a northwest corner
272	272	of the herein described tract, and a northwest corner of said called
273	273	136.8 acre tract, same being the northeast corner of said adjoining
274	274	called 1.0 acre tract (Tract 1), said point also being in the south
275	275	right-of-way line of U. S. Highway 90 (100-feet wide);
276	276	THENCE North 88 degrees 43 minutes 13 seconds East along the
277	277	upper north line of the herein described tract and the north line of
278	278	said called 136.8 acre tract, same being the south right-of-way
279	279	line of U. S. Highway 90, 60.00 feet to a 1-inch iron pipe found for
280	280	the most westerly northeast corner of the herein described tract
281	281	and the upper northeast corner of said called 136.8 acre tract, same
282	282	being the upper northwest corner of the adjoining Katy West
283	283	Business Park, according to map or plat thereof recorded in Volume
284	284	348, Page 221, Deed Records, Waller County, Texas;
285	285	THENCE South 02 degrees 06 minutes 10 seconds East along the
286	286	common line of the herein described tract and said adjoining Katy
287	287	West Business Park, being the east right-of-way line of Apache
288	288	Road, 395.44 feet to a 1/2 inch iron pipe found for angle point;
289	289	THENCE South 09 degrees 00 minutes 01 second East continuing
290	290	along said common line, 56.44 feet to a 1/2 inch iron pipe found for
291	291	corner, said point being the upper southeast corner of said called
292	292	136.8 acre tract, same being a reentry corner to said adjoining Katy
293	293	West Business Park;
294	294	THENCE South 80 degrees 59 minutes 59 seconds West continuing
295	295	along said common line, departing said east right-of-way line of
296	296	Apache Road, 60.00 feet to a 1/2 inch iron pipe found for a reentry
297	297	corner to the herein described tract and a reentry corner to said
298	298	called 136.8 acre tract, being the lower northwest corner of said
299	299	adjoining Katy West Business Park, and being in the west
300	300	right-of-way line of Apache Road;
301	301	THENCE South 09 degrees 00 minutes 01 second East continuing
302	302	along said common line, 1,124.04 feet to a 5/8 inch iron rod found
303	303	for a reentry corner to the herein described tract and a reentry
304	304	corner to said called 136.8 acre tract, same being the southwest
305	305	corner of said adjoining Katy West Business Park, and being at the
306	306	intersection of the west right-of-way line of Apache Road with the
307	307	south right-of-way line of Comanche Road (60-feet wide);
308	308	THENCE North 88 degrees 03 minutes 14 seconds East continuing
309	309	along said common line, 1,060.64 feet to a 3/4 inch iron rod found
310	310	for a reentry corner to the herein described tract and a reentry
311	311	corner to said called 136.8 acre tract, same being the southeast
312	312	corner of said adjoining Katy West Business Park;
313	313	THENCE North 01 degree 56 minutes 47 seconds West continuing
314	314	along said common line, 1,561.00 feet to a 3/4 inch iron pipe found
315	315	for the most easterly northwest corner of the herein described
316	316	tract and a northwest corner of said called 136.8 acre tract, same
317	317	being the northeast corner of said adjoining Katy West Business
318	318	Park, and being in the south right-of-way line of U. S. Highway 90;
319	319	THENCE North 88 degrees 42 minutes 48 seconds East along the
320	320	most easterly north line of the herein described tract, and the
321	321	north line of said called 136.8 acre tract, same being the south
322	322	right-of-way line of U. S. Highway 90, 1,828.82 feet to a 1/2 inch
323	323	iron rod with cap marked "RPLS 2085" found for the most easterly
324	324	northeast corner of the herein described tract and the most
325	325	easterly northeast corner of said called 136.8 acre tract, same
326	326	being the northwest corner of an adjoining called 1.924 acre tract
327	327	recorded in Volume 0727, Page 844, Official Records, Waller County,
328	328	Texas;
329	329	THENCE South 01 degree 12 minutes 15 seconds East along the
330	330	common line of the herein described tract and said adjoining called
331	331	1.924 acre tract, 183.46 feet to a 1/2 inch iron rod with cap marked
332	332	"RPLS 2085" found for corner;
333	333	THENCE South 62 degrees 41 minutes 42 seconds East continuing
334	334	along said common line, 383.31 feet to a 1/2 inch iron rod with cap
335	335	marked "RPLS 2085" found for a reentry corner to the herein
336	336	described tract, being the south corner of said adjoining called
337	337	1.924 acre tract, and east corner of said called 136.8 acre tract,
338	338	and being in the northwest line of the aforementioned called 8.429
339	339	acre tract, said point being in a curve to the left;
340	340	THENCE along said curve to the left having a central angle of
341	341	10 degrees 56 minutes 03 seconds, a radius of 940.00 feet, an arc
342	342	length of 179.39 feet, and a chord bearing North 15 degrees 16
343	343	minutes 58 seconds East, 179.11 feet to a point in the centerline of
344	344	Snake Creek for corner, being the east corner of said adjoining
345	345	called 1.924 acre tract, and being in the southwest line of an
346	346	adjoining called 5.6687 acre tract recorded in Volume 478, Page
347	347	631, Deed Records, Waller County, Texas;
348	348	THENCE along the centerline of Snake Creek, being the
349	349	northeast line of the herein described tract, the northeast line of
350	350	said called 8.426 acre tract, and the northeast line of the
351	351	aforementioned called 135.5 acre tract, same being the southwest
352	352	line of said adjoining called 5.6687 acre tract, the southwest line
353	353	of an adjoining called 1.6327 acre tract described in deed recorded
354	354	in Volume 0785, Page 649, Official Records, Waller County, Texas,
355	355	the southwest line of an adjoining called 3.673 acre tract
356	356	described in deed recorded in Volume 0519, Page 75, Official
357	357	Records, Waller County, Texas, and the southwest line of an
358	358	adjoining called 24.356 acre tract recorded in Volume 0970, Page
359	359	131, Official Records, Waller County, Texas, with the following
360	360	meanders:
361	361	South 55 degrees 05 minutes 56 seconds East, 131.02
362	362	feet;
363	363	South 54 degrees 20 minutes 06 seconds East, 550.23 feet
364	364	South 64 degrees 50 minutes 22 seconds East, 329.51 feet
365	365	South 55 degrees 03 minutes 33 seconds East, 61.69 feet
366	366	South 45 degrees 08 minutes 57 seconds East, 128.52 feet
367	367	South 46 degrees 52 minutes 01 second East, 1,243.02
368	368	feet
369	369	South 49 degrees 37 minutes 43 seconds East, 273.13 feet
370	370	to a point in the centerline of Snake Creek for the lower northeast
371	371	corner of the herein described tract and the northeast corner of
372	372	said called 135.5 acre tract, same being the southeast corner of
373	373	said adjoining called 24.356 acre tract, the southwest corner of an
374	374	adjoining called 1.035 acre tract recorded in Volume 251, Page 228,
375	375	Deed Records, Waller County, Texas, and the lower northwest corner
376	376	of the adjoining residue of a called 5.418 acre tract recorded in
377	377	Volume 218, Page 223, Volume 219, Page 327, and Volume 219, Page
378	378	241, Deed Records, Waller County, Texas, and Volume 539, Page 471,
379	379	Deed Records, Fort Bend County, Texas, from which point a found 1/2
380	380	inch iron pipe with cap marked "Kalkomey Surveying" bears North 01
381	381	degree 44 minutes 58 seconds West, 49.62 feet;
382	382	THENCE South 01 degree 45 minutes 28 seconds East along the
383	383	upper east line of the herein described tract and the east line of
384	384	said called 135.5 acre tract, same being the west line of said
385	385	adjoining residue of a called 5.418 acre tract, at 589.52 feet pass
386	386	a 1/2 inch iron rod found on said line, and continuing for a total
387	387	distance of 629.50 feet to a 1/2 inch iron rod found for the upper
388	388	southeast corner of the herein described tract and the upper
389	389	southeast corner of said called 135.5 acre tract, same being the
390	390	southwest corner of said adjoining residue of a called 5.418 acre
391	391	tract, the northwest corner of an adjoining called 3.204 acre tract
392	392	recorded in Volume 522, Page 647, Deed Records, Fort Bend County,
393	393	Texas, and the northeast corner of an adjoining called 1.2086 acre
394	394	tract recorded under County Clerk's File Number 2005006745,
395	395	Official Public Records, Fort Bend County, Texas;
396	396	THENCE South 88 degrees 04 minutes 25 seconds West along the
397	397	upper south line of the herein described tract and the upper south
398	398	line of said called 135.5 acre tract, same being the north line of
399	399	said adjoining called 1.2086 acre tract, at 119.83 feet pass a 1-1/4
400	400	inch iron pipe found on said line for the northwest corner of said
401	401	adjoining called 1.2086 acre tract, same being the northeast corner
402	402	of an adjoining called 5.07 acre tract recorded under County
403	403	Clerk's File Number 2002092170, Official Public Records, Fort Bend
404	404	County, Texas, and continuing for a total distance of 775.68 feet to
405	405	a 1-1/4 inch iron pipe found on said line for a reentry corner to the
406	406	herein described tract and a reentry corner to said called 135.5
407	407	acre tract, same being the northwest corner of said adjoining
408	408	called 5.07 acre tract;
409	409	THENCE South 01 degree 43 minutes 48 seconds East along the
410	410	lower east line of the herein described tract and the lower east
411	411	line of said called 135.5 acre tract, same being the west line of
412	412	said adjoining called 5.07 acre tract, 338.08 feet to a 1-inch iron
413	413	pipe found on said line at its intersection with the north
414	414	right-of-way line of Interstate Highway 10 (320-feet wide), for the
415	415	lower southeast corner of the herein described tract and the lower
416	416	southeast corner of said called 135.5 acre tract, same being the
417	417	southwest corner of said adjoining called 5.07 acre tract;
418	418	THENCE South 88 degrees 14 minutes 06 seconds West along the
419	419	south line of the herein described tract and the south line of said
420	420	called 135.5 acre tract, being the north right-of-way line of
421	421	Interstate Highway 10, 103.78 feet to a concrete monument found on
422	422	said line for angle point;
423	423	THENCE South 87 degrees 19 minutes 06 seconds West continuing
424	424	along said line, 2,169.25 feet to a concrete monument found on said
425	425	line at the beginning of a curve to the right;
426	426	THENCE along said curve to the right, being the south line of
427	427	the herein described tract, the south line of said called 135.5 acre
428	428	tract, the south line of the aforementioned called 0.506 acre
429	429	tract, the south line of the aforementioned called 8.429 acre
430	430	tract, and the south line of the aforementioned called 136.8 acre
431	431	tract, being the north right-of-way line of Interstate Highway 10,
432	432	having a central angle of 04 degrees 36 minutes 42 seconds, a radius
433	433	of 11,299.16 feet, an arc length of 909.48 feet, and a chord bearing
434	434	South 89 degrees 39 minutes 23 seconds West, 909.24 feet to a
435	435	concrete monument found at the end of said curve;
436	436	THENCE North 88 degrees 02 minutes 16 seconds West continuing
437	437	along the south line of the herein described tract and the south
438	438	line of said called 136.8 acre tract, being the north right-of-way
439	439	line of Interstate Highway 10, 304.68 feet to a 3/4 inch iron pipe
440	440	found on said line for angle point;
441	441	THENCE North 88 degrees 04 minutes 11 seconds West along the
442	442	south line of the herein described tract and the south line of said
443	443	called 136.8 acre tract, being the north right-of-way line of
444	444	Interstate Highway 10, 325.07 feet to a 1/2 inch iron pipe with cap
445	445	marked "Kalkomey Surveying" found on said line at the beginning of a
446	446	curve to the left, from which point a found concrete monument bears
447	447	South 56 degrees 15 minutes 06 seconds East, 0.36 feet;
448	448	THENCE along said curve to the left having a central angle of
449	449	03 degrees 38 minutes 39 seconds, a radius of 11,619.16 feet, an arc
450	450	length of 739.01 feet, and a chord bearing North 89 degrees 53
451	451	minutes 30 seconds West, 738.89 feet to a concrete monument found at
452	452	the end of said curve;
453	453	THENCE South 88 degrees 17 minutes 10 seconds West continuing
454	454	along the south line of the herein described tract and the south
455	455	line of said called 136.8 acre tract, being the north right-of-way
456	456	line of Interstate Highway 10, at 319.40 feet pass a 1/2 inch iron
457	457	pipe with cap marked "Kalkomey Surveying" found on said line for the
458	458	southeast corner of the aforementioned called 54.00 acre tract, and
459	459	continuing for a total distance of 1,263.18 feet to a 1/2 inch iron
460	460	rod found for angle point, said point being the southeast corner of
461	461	the aforementioned called 137.322 acre tract, same being the
462	462	southwest corner of said called 54.00 acre tract, and being in the
463	463	west line of the aforementioned Robert T. Van Slyke Survey,
464	464	Abstract 407, same being the east line of the aforementioned W. W.
465	465	Bains Survey, Abstract 385;
466	466	THENCE South 88 degrees 17 minutes 40 seconds West along the
467	467	south line of the herein described tract and the south line of said
468	468	called 137.322 acre tract, same being the north right-of-way line
469	469	of Interstate Highway 10, 2,054.95 feet to a 1/2 inch iron rod found
470	470	for the southwest corner of the herein described tract and the
471	471	southwest corner of said called 137.322 acre tract, same being the
472	472	southeast corner of an adjoining called 2.4915 acre tract recorded
473	473	in Volume 0854, Page 039, Official Records, Waller County, Texas,
474	474	described in Volume 424, Page 435, Deed Records, Waller County,
475	475	Texas, from which point a found 1-1/4 inch iron pipe bears South 82
476	476	degrees 00 minutes 55 seconds West, 10.60 feet;
477	477	THENCE North 02 degrees 01 minute 18 seconds West along the
478	478	west line of the herein described tract and the west line of said
479	479	called 137.322 acre tract, same being the east line of said
480	480	adjoining called 2.4915 acre tract, and along the east line of the
481	481	aforementioned adjoining 40-foot wide private road (marked Alt
482	482	Lane), at 119.02 feet (adjoiner called 120.13 feet) pass a 5/8 inch
483	483	iron rod found 0.23 feet right of said line, and continuing for a
484	484	total distance of 2,918.57 feet to the Place of Beginning and
485	485	containing 472.573 acres of land, more or less, with 95.187 acres
486	486	within Fort Bend County, Texas, and 377.386 acres within Waller
487	487	County, Texas.
488	488	SECTION 3. (a) The legal notice of the intention to
489	489	introduce this Act, setting forth the general substance of this
490	490	Act, has been published as provided by law, and the notice and a
491	491	copy of this Act have been furnished to all persons, agencies,
492	492	officials, or entities to which they are required to be furnished
493	493	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
494	494	Government Code.
495	495	(b) The governor, one of the required recipients, has
496	496	submitted the notice and Act to the Texas Commission on
497	497	Environmental Quality.
498	498	(c) The Texas Commission on Environmental Quality has filed
499	499	its recommendations relating to this Act with the governor, the
500	500	lieutenant governor, and the speaker of the house of
501	501	representatives within the required time.
502	502	(d) All requirements of the constitution and laws of this
503	503	state and the rules and procedures of the legislature with respect
504	504	to the notice, introduction, and passage of this Act are fulfilled
505	505	and accomplished.
506	506	SECTION 4. This Act takes effect immediately if it receives
507	507	a vote of two-thirds of all the members elected to each house, as
508	508	provided by Section 39, Article III, Texas Constitution. If this
509	509	Act does not receive the vote necessary for immediate effect, this
510	510	Act takes effect September 1, 2009.
511	511	______________________________ ______________________________
512	512	President of the Senate Speaker of the House
513	513	I hereby certify that S.B. No. 860 passed the Senate on
514	514	April 28, 2009, by the following vote: Yeas 31, Nays 0; and that
515	515	the Senate concurred in House amendment on May 29, 2009, by the
516	516	following vote: Yeas 31, Nays 0.
517	517	______________________________
518	518	Secretary of the Senate
519	519	I hereby certify that S.B. No. 860 passed the House, with
520	520	amendment, on May 25, 2009, by the following vote: Yeas 141,
521	521	Nays 0, two present not voting.
522	522	______________________________
523	523	Chief Clerk of the House
524	524	Approved:
525	525	______________________________
526	526	Date
527	527	______________________________
528	528	Governor