81R6309 PMO-F
By: Hegar S.B. No. 994
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 192; providing authority to impose a tax and issue
bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8330 to read as follows:
CHAPTER 8330. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 192
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8330.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Fort Bend County Municipal
Utility District No. 192.
Sec. 8330.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8330.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8330.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8330.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8330.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8330.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8330.007-8330.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8330.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8330.052, directors serve
staggered four-year terms.
Sec. 8330.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8330.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8330.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8330.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
[Sections 8330.053-8330.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8330.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8330.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8330.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8330.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8330.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8330.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8330.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8330.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8330.107-8330.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8330.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8330.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8330.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8330.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8330.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8330.154-8330.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8330.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8330.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8330.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Fort Bend County Municipal Utility District
No. 192 initially includes all the territory contained in the
following area:
TRACT I
Being a 37.73-acre (1,643,604 square feet) tract of land
situated in the Abner Kuykendall League, A-48, Fort Bend County,
Texas, and being portion of a called 53.9470-acre tract of land
designated Tract "A" as recorded under File Number 9725698, Fort
Bend County Official Records (F.B.C.O.R.). Said 37.73-acre tract
of land being more particularly described by metes and bounds as
follows, with all bearings referenced to the Texas Coordinate
System of 1983, South Central Zone. All distances are surface based
on the surface coordinates (X = 3,038,374.04, Y = 13,790,244.28) of
N.G.S. Control Monument "HGCSD 70" 1983 adjustment:
BEGINNING at a 3-inch by 4-inch iron bar found marking the
northerly right-of-way line of Thompson Road (F.M. 762)(100 feet
wide) and the westerly line of the C.I. McFarlane called 2.2-acre
tract as recorded under Volume 126, Page 197 of the Fort Bend County
Deed Records (F.B.C.D.R.), also being the most southerly southwest
corner of said 53.9470 acre Tract "A", and being in the easterly
line of a called 681.81-acre tract as recorded under Volume 510,
Page 213 of said F.B.C.D.R.;
THENCE, North 2011'32" East, departing said Thompson Road a
distance of 362.29 feet along a common line of said 53.9470-acre
Tract "A", and said 681.81-acre tract to a point marking the
northeasterly corner said 681.81-acre tract and an interior corner
of said Tract "A";
THENCE, North 6639'25" West, along the line common to said
53.9470-acre Tract "A" and said 681.81-acre tract, a distance of
433.02 feet to an angel point from which a one-inch iron pipe found
bears N 6516' E, 0.83 feet;
THENCE, North 6718'25" West, continuing along the line
common to said 53.9470-acre Tract "A" and said 681.81-acre tract, a
distance of 550.00 feet to an angel point from which a 5/8-inch iron
rod found bears N 1221' E, 0.35 feet;
THENCE, North 6651'25" West, continuing along the line
common to said 53.9470-acre Tract "A" and said 681.81-acre tract, a
distance of 331.00 feet to an angel point from which a 5/8-inch iron
rod found bears N 2421' E, 0.35 feet;
THENCE, North 6720'14" West, continuing along the line
common to said 53.9470-acre Tract "A", and said 681.81-acre tract,
a distance of 770.26 feet to a 5/8-inch iron rod with cap stamped
"Kalkomey Surveying" found for the southwesterly corner of the
herein described tract;
THENCE, North 2152'30" East, departing said common line, a
distance of 640.02 feet to a p.k. nail set for corner in the
centerline of Macek Road (60 feet wide);
THENCE, South 6811'55" East, along the centerline of said
Macek Road, a distance of 268.46 feet to a p.k. nail set for corner;
THENCE, South 6802'25" East, along the centerline of said
Macek Road and along the southerly line of a called 8.6445 acre
tract as recorded under File Number 9707473 of said F.B.C.O.R.,
passing at 579.12 feet a 5/8-inch iron rod with cap stamped
"Kalkomey Surveying" found for the southeast corner of said 8.6445
acre tract, being the southwest corner of a called 0.50 acre tract
as recorded under File Number 9520600 of said F.B.C.O.R., also
being an angle point in said Macek Road, and continuing along the
line common to said 53.9470 acre Tract "A", and said 0.50 acre tract
for a total distance of 560.40 feet to a 5/8-inch iron rod found for
an interior corner;
THENCE, North 2311'42" East, along the line common to said
53.9470 acre Tract "A" and said 0.50 acre tract a distance of 163.89
feet to a 5/8-inch iron rod with cap stamped "SURVCON INC." set for
the southwest corner of a called 53.9470 acre Tract "B" as recorded
under File Number 9707473 of said F.B.C.O.R., and being an angle
point in the northerly line of said Tract "A";
THENCE, South 6802'25" East, along the line common to said
53.9470 acre Tract "A" and said 53.9470 acre Tract "B", a distance
of 1,295.70 feet to a 5/8-inch iron rod found for the northeast
corner of said Tract "A", being an interior corner of said Tract
"B";
THENCE, South 2011'32" West, continuing along the line
common to said Tracts "A" and "B", a distance of 1,182.38 feet to an
angel point from which a one-inch iron pipe found bears S 2449' E,
0.64 feet for the common south corner of said Tracts "A" and "B",
and being in the aforementioned northerly right-of-way line of
Thompson Road;
THENCE, North 8318'50" West, along said northerly
right-of-way line, a distance of 70.97 feet to the POINT OF
BEGINNING, containing a computed area of 37.73 acres (1,643,604
square feet) of land.
TRACT II
FIELD NOTES FOR A 8.632 ACRE TRACT OF LAND OUT OF THE PICKENS
LABOR IN THE ABNER KUYKENDALL LEAGUE, ABSTRACT 48, FORT BEND
COUNTY, TEXAS, SAID 8.632 ACRE TRACT BEING THAT CERTAIN CALLED
8.6445 ACRE TRACT (EXHIBIT "C") IN DEED TO THE ZWIENER FAMILY
LIMITED PARTNERSHIP RECORDED IN COUNTY CLERK'S FILE NO. 9707473,
OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: WITH ALL
BEARINGS BASED ON THE EAST LINE OF THE AFOREMENTIONED CALLED 8.6445
ACRE TRACT, BEING THE EAST LINE OF THE HEREIN DESCRIBED 8.632 ACRE
TRACT, AND BEING WITHIN THE MARGINS OF MACEK ROAD AND BEING SOUTH 26
DEGREES 13 MINUTES 00 SECONDS WEST.
BEGINNING at a 5/8 inch iron rod found at the lower south
corner of the aforementioned called 8.6445 acre tract of land, same
being the west corner of an adjoining called 0.50 acre tract of land
described in deed recorded in County Clerk's File No. 1999018432,
Official Public Records, Fort Bend County, Texas, being in the
northeast line of an adjoining called 53.9470 acre tract of land
described in deed recorded in County Clerk's File No. 9725698,
Official Public Records, Fort Bend County, Texas, as located within
the margins of Macek Road and being the lower south corner and Place
of Beginning of the herein described 8.632 acre tract of land;
THENCE North 65 degrees 05 minutes 45 seconds West (called
North 65 degrees 01 minute West) along the common line of the
aforementioned called 8.6445 acre tract of land and the
aforementioned adjoining called 53.9470 acre tract of land as
located in Macek Road, 280.37 feet (called 280.10 feet) to a cotton
picker spindle set on said line for the lower west corner of the
herein described 8.632 acre tract of land;
THENCE North 26 degrees 13 minutes 00 seconds East (called
North 26 degrees 13 minutes East), 20.00 feet (called 20.00 feet) to
a 2 inch iron bar found in the northeast margin of Macek Road for a
re-entry corner to the herein described 8.632 acre tract of land,
from which point a found 3/4 inch iron pipe bears North 22 degrees
18 minutes 20 seconds East, 1.30 feet;
THENCE North 65 degrees 01 minute 50 seconds West (called
North 65 degrees 01 minute West) along the northeast line of Macek
Road, 123.34 feet (called 123.66 feet) to a 5/8 inch iron rod found
for the upper west corner of the herein described 8.632 acre tract
of land, same being the upper west corner of the aforementioned
called 8.6445 acre tract of land, and being the south corner of an
adjoining called 1.00 acre tract of land described in deed recorded
in County Clerk's File No. 9576651, Official Public Records, Fort
Bend County, Texas;
THENCE North 26 degrees 04 minutes 39 seconds East (called
North 26 degrees 03 minutes 53 seconds East) along the common line
of the aforementioned called 8.6445 acre tract of land, and the
aforementioned adjoining called 1.00 acre tract of land, at 435.72
feet pass a 2 inch iron pipe found on said line for the east corner
of the aforementioned adjoining called 1.00 acre tract of land,
same being a south corner of an adjoining residue of a called 20
acre tract of land recorded in Cause No. 16049, Probate Records,
Fort Bend County, Texas, and described in Volume 704, Page 1, Deed
Records, Fort Bend, County, Texas, at 1,404.00 feet pass a 2 inch
iron pipe with cap marked "Kalkomey Surveying" set for reference on
said line at the southerly high bank of Rabbs Bayou and continuing
for a total distance of 1,565.62 feet (called 1,565.62 feet) to a
point in the center line of Rabbs Bayou for the north corner of the
herein described 8.632 acre tract of land, same being the north
corner of said called 8.6445 acre tract of land, being in the
southeast line of the aforementioned adjoining residue of a called
20 acre tract of land, and being a west corner of an adjoining
called 10.5247 acre tract of land described in deed recorded in
County Clerk's File No. 2000023853, Official Public Records, Fort
Bend County, Texas;
THENCE South 84 degrees 56 minutes 49 seconds East (called
South 86 degrees 04 minutes 53 seconds East) along the center line
of Rabbs Bayou, being the common line of the aforementioned called
8.6445 acre tract of land and the aforementioned adjoining called
10.5247 acre tract of land, 136.30 feet (called 138.10 feet) to a
point in the center line of Rabbs Bayou for the upper east corner of
the herein described 8.632 acre tract of land, same being the north
corner of an adjoining residue of a called 17.86 acre tract of land
(4.0591 acres) described in deed recorded in Volume 140, Page 114,
Deed Records, Fort Bend County, Texas;
THENCE South 26 degrees 13 minutes 00 seconds West (called
South 26 degrees 13 minutes 00 seconds West) along the common line
of the aforementioned called 8.6445 acre tract of land and the
aforementioned adjoining residue of a called 17.86 acre tract of
land, at 103.00 feet pass a 2 inch iron pipe found on said line for
reference at the southerly high bank of Rabbs Bayou, and continuing
for a total distance of 596.89 feet (called 602.27 feet) to a 2 inch
iron pipe found for a re-entry corner to the herein described 8.632
acre tract of land, same being the west corner of the aforementioned
adjoining residue of a called 17.86 acre tract of land;
THENCE South 65 degrees 52 minutes 28 seconds East (called
South 66 degrees 16 minutes 00 seconds East) continuing along the
common line of said called 8.6445 acre tract of land and the
aforementioned adjoining residue of a called 17.86 acre tract of
land, at 0.74 feet pass a 3/4 inch iron pipe found on said line, at
250.46 feet pass a 2 inch iron pipe found on said line at its
intersection with the northwest line of Macek Road, and continuing
for a total distance of 280.48 feet (called 280.30 feet) to a cotton
picker spindle found for the middle east corner of the herein
described 8.632 acre tract of land, same being the south corner of
the aforementioned adjoining residue of a called 17.86 acre tract
of land, and being in the northwest line of an adjoining called 1.0
acre tract of land described in deed recorded in Volume 2425, Page
1179, Official Records, Fort Bend County, Texas;
THENCE South 26 degrees 13 minutes 00 seconds West (called
South 26 degrees 13 minutes 00 seconds West) along the common line
of said called 8.6445 acre tract of land and the aforementioned
adjoining called 1.0 acre tract of land, and an adjoining called
0.50 acre tract of land described in deed recorded in Volume 2425,
Page 1183, Official Records, Fort Bend County, Texas, as located in
Macek Road, 60.00 feet (called 60.00 feet) to a cotton picker
spindle set for the upper south corner of the herein described 8.632
acre tract of land, same being the east corner of an adjoining
called 2.608 acre tract of land described in deed recorded in Volume
664, Page 720, Deed Records, Fort Bend County, Texas;
THENCE North 66 degrees 18 minutes 16 seconds West (called
North 66 degrees 16 minutes 00 seconds West) along the common line
of said called 8.6445 acre tract of land and the aforementioned
adjoining called 2.608 acre tract of land, at 30.02 feet pass a 5/8
inch iron rod found on said line at its intersection with the
northwest line of Macek Road, and continuing for a total distance of
280.57 feet (called 280.30 feet) to a 5/8 inch iron rod found for a
re-entry corner to the herein described 8.632 acre tract of land,
same being the north corner of the aforementioned adjoining called
2.608 acre tract of land;
THENCE South 26 degrees 13 minutes 00 seconds West (called
South 26 degrees 13 minutes 00 seconds West) continuing along the
common line of said called 8.6445 acre tract of land and the
aforementioned adjoining called 2.608 acre tract of land, 405.61
feet (called 405.61 feet) to a 2 inch iron pipe with cap marked
"Kalkomey Surveying" set for a re-entry corner to the herein
described 8.632 acre tract of land, same being the west corner of
the aforementioned adjoining called 2.608 acre tract of land, from
which a found 3/4 inch iron pipe bears north 54 degrees 39 minutes
05 seconds East, 2.00 feet;
THENCE South 66 degrees 19 minutes 55 seconds East (called
South 66 degrees 16 minutes 00 seconds East) continuing along the
common line of said called 8.6445 acre tract of land and the
aforementioned adjoining called 2.608 acre tract of land, at 250.55
feet pass a 2 inch iron pipe with cap marked "Kalkomey Surveying"
set on said line at its intersection with the northwest line of
Macek Road, and continuing for a total distance of 280.58 feet
(called 280.30 feet) to a cotton picker spindle set for the lower
east corner of the herein described 8.632 acre tract of land, being
the south corner of the aforementioned adjoining called 2.608 acre
tract of land, and being in the northwest line of an adjoining
called 0.515 acre tract of land described in deed recorded in Volume
2060, Page 1525, Official Records, Fort Bend County, Texas;
THENCE South 26 degrees 13 minutes 00 seconds West (called
South 26 degrees 13 minutes 00 seconds West) along the
southeasterly line of said called 8.6445 acre tract of land as
located in Macek Road, same being the northwest line of the
aforementioned adjoining called 0.515 acre tract of land, and the
northwest line of an adjoining called 1.0 acre tract of land
described in deed recorded in Volume 485, Page 320, Deed Records,
Fort Bend County, Texas, the northwest line of an adjoining residue
of a called 1.0 acre tract of land described in deed recorded in
Volume 559, Page 59, Deed Records, Fort Bend County, Texas, the
northwest line of an adjoining called 0.50 acre tract of land
described in County Clerk's File No. 9887910, Official Public
Records, Fort Bend County, Texas, the northwest line of an
adjoining called 2 acre tract described in deed recorded in Volume
594, Page 861, Deed Records, Fort Bend County, Texas, the northwest
line of an adjoining called 0.500 acre tract of land described in
deed recorded in County Clerk's File No. 9520600, Official Public
Records, Fort Bend County, Texas, and the northwest line of the
aforementioned adjoining called 0.50 acre tract of land described
in County Clerk's File No. 1999018432, Official Public Records,
Fort Bend County, Texas, 573.59 feet (called 573.59 feet) to the
Place of Beginning and containing 8.632 acres of land, with 0.550
acre within the margins of Macek Road, for a net acreage of 8.092
acres of land, more or less.
TRACT III
Being a 53.91-acre (2,348,320 square feet) tract of land
situated in the Abner Kuykendall League, A-48, Fort Bend County,
Texas, and being all of a called 53.9470-acre tract of land
designated Tract "B" as recorded under File Number 9725698, Fort
Bend County Official Records (F.B.C.O.R.). Said 53.91-acre tract of
land being more particularly described by metes and bounds as
follows, with all bearings referenced to the Texas Coordinate
System of 1983, South Central Zone. All distances are surface based
on N.G.S. Control Monument "HGCSD 70" 1983 adjustment:
BEGINNING at a 5/8-inch iron rod with cap stamped "SURVCON
INC." set marking the northerly right-of-way line of Thompson Road
(F.M. 762)(100 feet wide) and being the most southerly
southeasterly corner of said 53.9470 acre Tract "B", and being in
the westerly line of a called 193-acre tract as recorded under
Volume 487, Page 664 of said F.B.C.D.R.;
THENCE, North 8318'51" West, along said northerly
right-of-way line, a distance of 198.65 feet to point from which a
one-inch iron pipe found bears S 2449' W, 0.64 feet for the common
south corner of said Tracts "A" and "B";
THENCE, North 2011'32" East, departing said northerly
right-of-way line and along the common line to said 53.9470-acre
Tract "B" and called 53.9470-acre Tract "A" as recorded under File
Number 9725698 of said F.B.C.O.R., a distance of 1,182.38 feet to a
3/4-inch iron pipe found for an interior corner of the herein
described tract;
THENCE, North 6802'25" West, along said common line, a
distance of 1,294.57 feet to a 5/8-inch iron rod with cap stamped
"SURVCON INC." found for westerly corner;
THENCE, North 2311'42" East, departing said common line, a
distance of 459.12 feet to a 3/4-inch iron pipe found for an
interior corner;
THENCE, North 6648'19" West, a distance of 250.30 feet to a
3/4-inch iron pipe found for a corner and same being on the easterly
right-of-way line of Macek Road (60 feet wide) as recorded under
Volume 517, Page 590 of said F.B.C.D.R.;
THENCE, North 2311'34" East, along said easterly
right-of-way line, a distance of 75.40 feet to a 5/8-inch iron rod
with cap stamped "SURVCON INC." set for corner;
THENCE, South 6648'19" East, departing said easterly
right-of-way line, a distance of 250.30 feet to a 1 1/2-inch iron
pipe found for an interior corner;
THENCE, North 2311'42" East, a distance of 936.40 feet to a
point for the most northwest corner of the herein described tract
same being in the center line of Rabbs Bayou;
THENCE, South 5428'48" East, along said center line, a
distance of 175.09 feet to an angle point;
THENCE, South 6015'56" East, along said center line, a
distance of 554.12 feet to an angle point;
THENCE, South 7257'10" East, continuing along said center
line, a distance of 260.14 feet to an angle point;
THENCE, South 7936'31" East, continuing along said center
line, a distance of 246.18 feet to an angle point;
THENCE, South 7523'46" East, continuing along said center
line, a distance of 166.22 feet to an angle point;
THENCE, South 7103'39" East, continuing along said center
line, a distance of 82.35 feet to a point for the northeasterly
corner of the herein described tract;
THENCE, South 2125'15" West, departing said center line, a
distance of 2,581.44 feet to the POINT OF BEGINNING, containing a
computed area of 53.91 acres (2,348,320 square feet) of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.