Texas 2011 - 82nd Regular

Texas House Bill HB709 Compare Versions

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1	1	By: Fletcher (Senate Sponsor - Patrick) H.B. No. 709
2	2	(In the Senate - Received from the House April 11, 2011;
3	3	April 20, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 19, 2011, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 19, 2011, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Harris County Municipal Utility
12	12	District No. 524; providing authority to impose a tax and issue
13	13	bonds; granting a limited power of eminent domain.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	16	Code, is amended by adding Chapter 8354 to read as follows:
17	17	CHAPTER 8354. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 524
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8354.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Harris County Municipal
25	25	Utility District No. 524.
26	26	Sec. 8354.002. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 8354.003. CONFIRMATION AND DIRECTORS' ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 8354.004. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section 8354.003
35	35	until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district.
39	39	Sec. 8354.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
40	40	The district is created to serve a public purpose and benefit.
41	41	(b) The district is created to accomplish the purposes of:
42	42	(1) a municipal utility district as provided by
43	43	general law and Section 59, Article XVI, Texas Constitution; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, or improvement of
46	46	macadamized, graveled, or paved roads described by Section 54.234,
47	47	Water Code, or improvements, including storm drainage, in aid of
48	48	those roads.
49	49	Sec. 8354.006. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	[Sections 8354.007-8354.050 reserved for expansion]
63	63	SUBCHAPTER B. BOARD OF DIRECTORS
64	64	Sec. 8354.051. GOVERNING BODY; TERMS. (a) The district is
65	65	governed by a board of five elected directors.
66	66	(b) Except as provided by Section 8354.052, directors serve
67	67	staggered four-year terms.
68	68	Sec. 8354.052. TEMPORARY DIRECTORS. (a) On or after the
69	69	effective date of the Act enacting this chapter, the owner or owners
70	70	of a majority of the assessed value of the real property in the
71	71	district may submit a petition to the commission requesting that
72	72	the commission appoint as temporary directors the five persons
73	73	named in the petition. The commission shall appoint as temporary
74	74	directors the five persons named in the petition.
75	75	(b) Temporary directors serve until the earlier of:
76	76	(1) the date permanent directors are elected under
77	77	Section 8354.003; or
78	78	(2) the fourth anniversary of the effective date of
79	79	the Act enacting this chapter.
80	80	(c) If permanent directors have not been elected under
81	81	Section 8354.003 and the terms of the temporary directors have
82	82	expired, successor temporary directors shall be appointed or
83	83	reappointed as provided by Subsection (d) to serve terms that
84	84	expire on the earlier of:
85	85	(1) the date permanent directors are elected under
86	86	Section 8354.003; or
87	87	(2) the fourth anniversary of the date of the
88	88	appointment or reappointment.
89	89	(d) If Subsection (c) applies, the owner or owners of a
90	90	majority of the assessed value of the real property in the district
91	91	may submit a petition to the commission requesting that the
92	92	commission appoint as successor temporary directors the five
93	93	persons named in the petition. The commission shall appoint as
94	94	successor temporary directors the five persons named in the
95	95	petition.
96	96	[Sections 8354.053-8354.100 reserved for expansion]
97	97	SUBCHAPTER C. POWERS AND DUTIES
98	98	Sec. 8354.101. GENERAL POWERS AND DUTIES. The district has
99	99	the powers and duties necessary to accomplish the purposes for
100	100	which the district is created.
101	101	Sec. 8354.102. MUNICIPAL UTILITY DISTRICT POWERS AND
102	102	DUTIES. The district has the powers and duties provided by the
103	103	general law of this state, including Chapters 49 and 54, Water Code,
104	104	applicable to municipal utility districts created under Section 59,
105	105	Article XVI, Texas Constitution.
106	106	Sec. 8354.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
107	107	Section 52, Article III, Texas Constitution, the district may
108	108	design, acquire, construct, finance, issue bonds for, improve, and
109	109	convey to this state, a county, or a municipality for operation and
110	110	maintenance macadamized, graveled, or paved roads described by
111	111	Section 54.234, Water Code, or improvements, including storm
112	112	drainage, in aid of those roads.
113	113	(b) The district may exercise the powers provided by this
114	114	section without submitting a petition to or obtaining approval from
115	115	the commission as required by Section 54.234, Water Code.
116	116	Sec. 8354.104. APPROVAL OF ROAD PROJECT. (a) The district
117	117	may not undertake a road project authorized by Section 8354.103
118	118	unless:
119	119	(1) each municipality or county that will operate and
120	120	maintain the road has approved the plans and specifications of the
121	121	road project, if a municipality or county will operate and maintain
122	122	the road; or
123	123	(2) the Texas Transportation Commission has approved
124	124	the plans and specifications of the road project, if the state will
125	125	operate and maintain the road.
126	126	(b) Except as provided by Subsection (a), the district is
127	127	not required to obtain approval from the Texas Transportation
128	128	Commission to design, acquire, construct, finance, issue bonds for,
129	129	improve, or convey a road project.
130	130	Sec. 8354.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
131	131	OR RESOLUTION. The district shall comply with all applicable
132	132	requirements of any ordinance or resolution that is adopted under
133	133	Section 54.016 or 54.0165, Water Code, and that consents to the
134	134	creation of the district or to the inclusion of land in the
135	135	district.
136	136	Sec. 8354.106. LIMITATION ON USE OF EMINENT DOMAIN. The
137	137	district may not exercise the power of eminent domain outside the
138	138	district to acquire a site or easement for:
139	139	(1) a road project authorized by Section 8354.103; or
140	140	(2) a recreational facility as defined by Section
141	141	49.462, Water Code.
142	142	[Sections 8354.107-8354.150 reserved for expansion]
143	143	SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
144	144	Sec. 8354.151. DIVISION OF DISTRICT; PREREQUISITES. The
145	145	district may be divided into two or more new districts only if the
146	146	district:
147	147	(1) has no outstanding bonded debt; and
148	148	(2) is not imposing ad valorem taxes.
149	149	Sec. 8354.152. LAW APPLICABLE TO NEW DISTRICT. This
150	150	chapter applies to any new district created by division of the
151	151	district, and a new district has all the powers and duties of the
152	152	district.
153	153	Sec. 8354.153. LIMITATION ON AREA OF NEW DISTRICT. A new
154	154	district created by the division of the district may not, at the
155	155	time the new district is created, contain any land outside the area
156	156	described by Section 2 of the Act enacting this chapter.
157	157	Sec. 8354.154. DIVISION PROCEDURES. (a) The board, on its
158	158	own motion or on receipt of a petition signed by the owner or owners
159	159	of a majority of the assessed value of the real property in the
160	160	district, may adopt an order dividing the district.
161	161	(b) The board may adopt an order dividing the district
162	162	before or after the date the board holds an election under Section
163	163	8354.003 to confirm the district's creation.
164	164	(c) An order dividing the district:
165	165	(1) must:
166	166	(A) name each new district;
167	167	(B) include the metes and bounds description of
168	168	the territory of each new district;
169	169	(C) appoint temporary directors for each new
170	170	district, or provide that temporary directors are appointed in the
171	171	manner provided by Section 8354.052(a); and
172	172	(D) provide for the division of assets and
173	173	liabilities between the new districts; and
174	174	(2) is subject to a confirmation election in each new
175	175	district.
176	176	(d) On or before the 30th day after the date of adoption of
177	177	an order dividing the district, the district shall file the order
178	178	with the commission and record the order in the real property
179	179	records of each county in which the district is located.
180	180	Sec. 8354.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
181	181	A new district created by the division of the district shall hold a
182	182	confirmation and directors' election as required by Section
183	183	8354.003.
184	184	(b) The results of that election must be filed as required
185	185	by Sections 49.102(e) and (f), Water Code.
186	186	(c) If the voters of a new district do not confirm the
187	187	creation of the new district, the assets, liabilities, territory,
188	188	and governance of the new districts revert to the original
189	189	district.
190	190	Sec. 8354.156. MUNICIPAL CONSENT. Municipal consent to the
191	191	creation of the district and to the inclusion of land in the
192	192	district granted under Section 8354.004 acts as municipal consent
193	193	to the creation of any new district created by the division of the
194	194	district and to the inclusion of land in the new district.
195	195	Sec. 8354.157. TAX OR BOND ELECTION. Before a new district
196	196	created by the division of the district may impose a maintenance tax
197	197	or issue bonds payable wholly or partly from ad valorem taxes, the
198	198	new district must hold an election as required by this chapter to
199	199	obtain voter approval.
200	200	[Sections 8354.158-8354.200 reserved for expansion]
201	201	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
202	202	Sec. 8354.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The
203	203	district may issue, without an election, bonds and other
204	204	obligations secured by:
205	205	(1) revenue other than ad valorem taxes; or
206	206	(2) contract payments described by Section 8354.203.
207	207	(b) The district must hold an election in the manner
208	208	provided by Chapters 49 and 54, Water Code, to obtain voter approval
209	209	before the district may impose an ad valorem tax or issue bonds
210	210	payable from ad valorem taxes.
211	211	(c) The district may not issue bonds payable from ad valorem
212	212	taxes to finance a road project unless the issuance is approved by a
213	213	vote of a two-thirds majority of the district voters voting at an
214	214	election held for that purpose.
215	215	Sec. 8354.202. OPERATION AND MAINTENANCE TAX. (a) If
216	216	authorized at an election held under Section 8354.201, the district
217	217	may impose an operation and maintenance tax on taxable property in
218	218	the district in accordance with Section 49.107, Water Code.
219	219	(b) The board shall determine the tax rate. The rate may not
220	220	exceed the rate approved at the election.
221	221	Sec. 8354.203. CONTRACT TAXES. (a) In accordance with
222	222	Section 49.108, Water Code, the district may impose a tax other than
223	223	an operation and maintenance tax and use the revenue derived from
224	224	the tax to make payments under a contract after the provisions of
225	225	the contract have been approved by a majority of the district voters
226	226	voting at an election held for that purpose.
227	227	(b) A contract approved by the district voters may contain a
228	228	provision stating that the contract may be modified or amended by
229	229	the board without further voter approval.
230	230	[Sections 8354.204-8354.250 reserved for expansion]
231	231	SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
232	232	Sec. 8354.251. AUTHORITY TO ISSUE BONDS AND OTHER
233	233	OBLIGATIONS. The district may issue bonds or other obligations
234	234	payable wholly or partly from ad valorem taxes, impact fees,
235	235	revenue, contract payments, grants, or other district money, or any
236	236	combination of those sources, to pay for any authorized district
237	237	purpose.
238	238	Sec. 8354.252. TAXES FOR BONDS. At the time the district
239	239	issues bonds payable wholly or partly from ad valorem taxes, the
240	240	board shall provide for the annual imposition of a continuing
241	241	direct ad valorem tax, without limit as to rate or amount, while all
242	242	or part of the bonds are outstanding as required and in the manner
243	243	provided by Sections 54.601 and 54.602, Water Code.
244	244	Sec. 8354.253. BONDS FOR ROAD PROJECTS. At the time of
245	245	issuance, the total principal amount of bonds or other obligations
246	246	issued or incurred to finance road projects and payable from ad
247	247	valorem taxes may not exceed one-fourth of the assessed value of the
248	248	real property in the district.
249	249	SECTION 2. The Harris County Municipal Utility District No.
250	250	524 initially includes all the territory contained in the following
251	251	area: 990.804 acres in 5 non-contiguous tracts out of Sections 9,
252	252	10, 15, and 16 of Harris County School Land Survey, Abstract No 332,
253	253	recorded in Vol 17, Pg 222 of the Deed Records of Harris County,
254	254	Texas and including within Tracts 1, 2, 3, and 4 an unnamed 66 foot
255	255	roadway as shown on the plat of said Harris County School Land being
256	256	granted by Commissioners Award recorded in Vol 7448, Pg 181, HCDR;
257	257	said roadway does not exist physically on the ground: (All bearings
258	258	used herein are based on Highway Right-of-Way Maps provided by the
259	259	Texas Department of Transportation)
260	260	Tract 1
261	261	A tract or parcel of land containing 255.572 acres (11,132,730
262	262	square feet) out of Lots 9, 10, 15, and 16 of Section 9 and Lots 1,
263	263	2, 7, & 8 of Section 16 of said Harris County School Land Survey,
264	264	Abstract No 332, Harris County, Texas; said 255.572 acres being
265	265	that same tract of land called 257.230 acres described by deed
266	266	recorded in HCCF No M577056 ("Tract 1", therein) and conveyed to
267	267	Delta Troy Interests, Ltd by deed recorded in X381657 and more
268	268	particularly described by metes and bounds as follows:
269	269	COMMENCING at a State Department of Highways and Public
270	270	Transportation Horizontal Control Monument located in the
271	271	southerly right-of-way line of U.S. 290, 160.00 feet at right
272	272	angles from the centerline, across from Engineers Station
273	273	109+27.74;
274	274	THENCE along said southerly right-of-way line, clockwise,
275	275	following the arc of a 1855.86 foot radius curve-to-the-right,
276	276	subtending a central angle of 03 degrees 20 min 18 seconds, through
277	277	an arc length of 108.13 feet (chord bearing of South 66 degrees 23
278	278	minutes 38 seconds East, 108.12 feet) to a 5/8 inch iron rod found
279	279	marking the POINT OF BEGINNING and most northerly Northeast corner
280	280	of the herein described tract, same being the East corner of that
281	281	called 12.4147 acre tract of land conveyed to Peter S. Terpstra,
282	282	Trustee by deed recorded in HCCF No 20060246633;
283	283	THENCE continuing along said right-of-way line and said curve,
284	284	subtending a central angle of 06 degrees 36 minutes 09 seconds,
285	285	through an arc length of 213.86 feet (chord bearing of South 61
286	286	degrees 25 minutes 25 seconds East, 213.74 feet) to a 5/8 inch iron
287	287	rod set marking the end of said curve; said point being located in
288	288	the southerly right-of-way line of U.S. 290, 202.32 feet at right
289	289	angles from the centerline, across from Engineers Station
290	290	112+46.53;
291	291	THENCE continuing along said right-of-line line, following the arc
292	292	of a 1963.86 foot radius curve-to-the-left (radius point of said
293	293	curve falls along a bearing of North 31 degrees 52 minutes 42
294	294	seconds East), subtending a central angle of 12 degrees 31 minutes
295	295	54 seconds, through an arc length of 429.54 feet (chord bearing of
296	296	South 64 degrees 23 minutes 15 seconds East, 428.68 feet) to a 5/8
297	297	inch iron rod set marking a point-of-tangency in the southerly
298	298	right-of-way line; said point-of-tangency being located in the
299	299	southerly right-of-way line of U.S. 290, 249.10 feet at right
300	300	angles from the centerline, across from Engineers Station
301	301	116+72.65;
302	302	THENCE South 70 degrees 39 minutes 12 seconds East, along said
303	303	right-of-way line, a distance of 382.15 feet to a 5/8 inch iron rod
304	304	set marking the Northerly end of cut-back corner at the southwest
305	305	corner of the intersection of said U.S. 290 and Binford Road; said
306	306	corner being located in the southerly right-of-way line of U.S.
307	307	290, 249.10 feet at right angles from the centerline, across from
308	308	Engineers Station 120+54.80;
309	309	THENCE South 30 degrees 37 minutes 41 seconds East, along said
310	310	cut-back, a distance of 95.73 feet to a 5/8 inch iron rod set
311	311	marking the Southerly end of said cut-back and the most Easterly
312	312	Northeast corner of the herein described tract; said corner being
313	313	located in the southerly right-of-way line of U.S. 290, 310.37 feet
314	314	at right angles from the centerline, across from Engineers Station
315	315	121+28.11;
316	316	THENCE South 09 degrees 03 minutes 59 seconds East, along the
317	317	westerly right-of-way of said Binford Road (right-of-way varies at
318	318	this point), a distance of 452.04 feet to a 5/8 inch iron rod set
319	319	marking an angle point in said right-of-way line; a 1 inch iron pipe
320	320	found bears South 03 degrees 41 minutes 58 seconds East, 35.93 feet
321	321	from said angle point;
322	322	THENCE South 02 degrees 39 minutes 08 seconds East, along the
323	323	westerly right-of-way line of said Binford Road (66' right-of-way)
324	324	and crossing Lots 9 and 16 of said Section 9 and Lots 1 and 8 of
325	325	Section 16, a distance of 3953.90 feet (call: 3954.35 feet) to a 5/8
326	326	inch iron rod set marking the Southeast corner of the herein
327	327	described tract, same being the Northwest corner of the
328	328	intersection of U.S. 290 (old)/State Highway 6 (aka Hempstead
329	329	Highway) and said Binford Road; a 5/8 inch iron rod found bears
330	330	North 68 degrees 08 minutes 01 seconds West, 4.54 feet from said
331	331	corner;
332	332	THENCE North 68 degrees 08 minutes 01 seconds West, along the
333	333	Northerly right-of-way line of said U.S. 290 (old)/State Highway 6
334	334	(aka Hempstead Highway) and crossing Lots 8, 7, and 2 of said
335	335	Section 16, a distance of 2899.51 feet (call: 2897.66 feet) to a 5/8
336	336	inch iron set marking the Southwest corner of the herein described
337	337	tract, same being the Southeast corner of that called 30.213 acre
338	338	tract of land conveyed to Michael L. Perry and Edna A. Perry by deed
339	339	recorded in HCCF No U717338; a 5/8 inch iron rod found bears South
340	340	02 degrees 24 minutes 55 seconds East, 7.01 feet from said corner;
341	341	THENCE North 02 degrees 24 minutes 55 seconds West, along the
342	342	Easterly line of said 30.213 acres, same being the Westerly line of
343	343	Lot 2 of said Section 16 and of Lots 15, 10, and 7 of said Section 9,
344	344	and with the Easterly line of that called 70.801 acre tract conveyed
345	345	to A.J. Foyt, Jr. by deed recorded in HCCF No U071611 and that
346	346	called 11.15 acre tract conveyed to L.J. Hakemack and wife, Ney
347	347	Hakemack, by deed recorded in HCCF No P056681, a distance of 3736.61
348	348	feet (call: 3753.11 feet) to a point for corner at the Northwest
349	349	corner of the herein described tract, same being the Southwest
350	350	corner of the aforesaid 12.4147 acre Terpstra Tract;
351	351	THENCE North 87 degrees 11 minutes 26 seconds East, along the
352	352	Southerly line of said 12.4147 acre tract, a distance of 1612.53
353	353	feet (call: 1623.36 feet) to the Point of Beginning and containing
354	354	255.572 Acres (11,132,730 square feet) of land.
355	355	Tract 2
356	356	A tract or parcel of land containing 440.146 acres (19,172,762
357	357	square feet) out of Lots 11-15 of Section 10 and Lots 1-12, 15, & 16
358	358	of Section 15 of said Harris County School Land Survey, Abstract No
359	359	332, Harris County, Texas; said 440.146 acres out of that same tract
360	360	of land called 451.6392 acres described by deed recorded in HCCF No
361	361	M577056 ("Tract 2-A", therein) and conveyed to Delta Troy
362	362	Interests, Ltd by deed recorded in X381657 and more particularly
363	363	described by metes and bounds as follows:
364	364	COMMENCING at a State Department of Highways and Public
365	365	Transportation Horizontal Control Monument located in the
366	366	southerly right-of-way line of U.S. 290, 160.00 feet at right
367	367	angles from the centerline, across from Engineers Station
368	368	109+27.74;
369	369	THENCE South 70 degrees 39 minutes 12 seconds East, a distance of
370	370	1690.16 feet to a point-of-curvature in the former southerly
371	371	right-of-way line of said U.S. 290; said point-of-curvature being
372	372	located 160.00 feet at right angles from the centerline, across
373	373	from Engineers Station 126+17.90;
374	374	THENCE along said former southerly right-of-way line, clockwise,
375	375	following the arc of a 7479.44 foot radius curve-to-the-right
376	376	(radius point of said curve falls along a bearing of South 19
377	377	degrees 20 minutes 48 seconds West), subtending a central angle of
378	378	03 degrees 05 min 32 seconds, through an arc length of 403.66 feet
379	379	(chord bearing of South 69 degrees 06 minutes 26 seconds East,
380	380	403.61 feet) to a 5/8 inch iron rod set in the current Southerly
381	381	right-of-way line of said U.S. 290 marking the POINT OF BEGINNING
382	382	and the most Easterly Northwest corner of the herein described
383	383	tract; said point being located 160.00 feet at right angles from the
384	384	centerline, across from Engineers Station 130+30.21;
385	385	THENCE continuing along said right-of-way line and said curve,
386	386	subtending a central angle of 13 degrees 42 minutes 56 seconds,
387	387	through an arc length of 1790.44 feet (chord bearing of South 60
388	388	degrees 42 minutes 12 seconds East, 1786.17 feet) to a 5/8 inch iron
389	389	rod set marking a point-of-tangency in said right-of-way line; said
390	390	point being located in the southerly right-of-way line of U.S. 290,
391	391	160.00 feet at right angles from the centerline, across from
392	392	Engineers Station 148+59.00;
393	393	THENCE South 53 degrees 50 minutes 44 seconds East, along said
394	394	right-of-way line, a distance of 2795.16 feet (call: 2793.73 feet -
395	395	TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
396	396	said right-of-way line;
397	397	THENCE along said southerly right-of-way line, clockwise,
398	398	following the arc of a 532.96 foot radius curve-to-the-right,
399	399	subtending a central angle of 51 degrees 31 min 30 seconds (call: 51
400	400	degrees 32 minutes 51 seconds - TxDOT), through an arc length of
401	401	478.76 feet (call: 479.28 feet - TxDOT) (chord bearing of South 28
402	402	degrees 04 minutes 59 seconds East, 463.29 feet) to a 5/8 inch iron
403	403	rod found marking a point-of-tangency in said southerly
404	404	right-of-way line;
405	405	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
406	406	degrees 17 minutes 53 seconds East - TxDOT), along said southerly
407	407	right-of-way line, a distance of 187.88 feet (call: 188.32 feet -
408	408	TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
409	409	said southerly right-of-way line;
410	410	THENCE counter-clockwise continuing along said right-of-way line
411	411	and a 612.96 foot radius curve-to-the-left, subtending a central
412	412	angle of 24 degrees 29 minutes 23 seconds (call: 24 degrees 34
413	413	minutes 06 seconds), through an arc length of 261.99 feet (call:
414	414	262.84 feet) (chord bearing of South 14 degrees 33 minutes 56
415	415	seconds East, 260.00 feet) to a 5/8 inch iron rod set for corner,
416	416	same being the most Northerly corner of that called 1.939 acre tract
417	417	of land conveyed to the State of Texas as a Drainage Easement for
418	418	Highway Purposes by deed recorded in HCCF No R450176 out of that
419	419	called 30 acre residue of that called 920.21 acre Schindler "First
420	420	Tract" as described by deed recorded in Vol 2187, Pg 525, HCDR;
421	421	THENCE South 63 degrees 11 minutes 23 seconds West (call: South 63
422	422	degrees 08 minutes 01 seconds West), along the northwesterly line
423	423	of said 1.939 acre tract, a distance of 620.23 feet (call: 620.08
424	424	feet) to a 5/8 inch iron rod set at the northwesterly corner of said
425	425	1.939 acre tract;
426	426	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
427	427	degrees 17 minutes 53 seconds East), along the westerly line of said
428	428	1.939 acre tract, passing at a distance of 1102.28 feet (call:
429	429	1100.29 feet) a 1/2 inch iron rod found marking the Southwest corner
430	430	of said 1.939 acre and 30 acre tract and the Northwest corner of
431	431	that called 10.298 acre tract conveyed to MRJ Wood Products by deed
432	432	recorded in HCCF No U232228, continuing along the westerly line of
433	433	said 10.298 acre tract, a total distance of 1502.28 feet (call:
434	434	1500.29 feet) to a 5/8 inch iron rod set for corner, same being the
435	435	southwest corner of said 10.298 acre tract;
436	436	THENCE North 87 degrees 40 minutes 46 seconds East (call: North 87
437	437	degrees 42 minutes 07 seconds East), along the southerly line of
438	438	said 10.298 acre tract, a distance of 1121.41 feet to a 5/8 inch
439	439	iron rod set in the Westerly right-of-way line of Kickapoo Road
440	440	marking the most Northerly Southeast corner of the herein described
441	441	tract, same being the southeasterly corner of said 10.298 acre
442	442	tract;
443	443	THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
444	444	degrees 17 minutes 53 seconds East), along the Westerly
445	445	right-of-way line of said Kickapoo Road, a distance of 939.31 feet
446	446	(call: 938.70 feet) to a 1 inch iron pipe found for corner, same
447	447	being the Northeast corner of that called 2.401 acre tract conveyed
448	448	to Leaman Building Materials by deed recorded in HCCF No X159580
449	449	("Tract One");
450	450	THENCE North 68 degrees 08 minutes 01 seconds West, along the
451	451	northerly line of said 2.401 acre tract, a distance of 597.94 feet
452	452	(call: 600.00') to a 5/8 inch iron rod set for corner, same being
453	453	the Northwest corner of said 2.401 acre tract;
454	454	THENCE South 02 degrees 19 minutes 14 seconds East, along the
455	455	westerly line of said 2.401 acre tract and that called 1.804 acre
456	456	tract also conveyed to said Leaman Building Materials in said HCCF
457	457	No X159580 ("Tract Two"), a distance of 362.42 feet (call: 363.00
458	458	feet) to a 5/8 inch iron rod set in the northerly right-of-way line
459	459	of U.S. 290 (old)/State Highway 6 (aka Hempstead Highway) marking
460	460	the most Southerly Southeast corner of the herein described tract;
461	461	a 1 inch iron rod found bears South 02 degrees 19 minutes 14 seconds
462	462	East, 2.33 feet from said property corner; a 2 inch iron rod found
463	463	marking the Northeast corner of the intersection of said Kickapoo
464	464	Road and said U.S. 290 (old)/State Highway 6 (aka Hempstead
465	465	Highway) bears South 68 degrees 08 minutes 01 seconds East, 670.29
466	466	feet from said property corner;
467	467	THENCE North 68 degrees 08 minutes 01 seconds West, along the
468	468	northerly right-of-way line of said U.S. 290 (old)/State Highway 6
469	469	(aka Hempstead Highway), a distance of 5170.99 feet (call: 5167.61
470	470	feet) to a 5/8 inch iron rod set marking the Southwest corner of the
471	471	herein described tract, same being the Northeast corner of the
472	472	intersection of Binford Road and said U.S. 290 (old)/State Highway
473	473	6 (aka Hempstead Highway); a 5/8 inch iron rod set marking the
474	474	Northwest corner of said intersection bears North 68 degrees 08
475	475	minutes 01 seconds West, 72.54 feet from which a 5/8 inch iron rod
476	476	found bears North 68 degrees 08 minutes 01 seconds West, 4.54 feet;
477	477	THENCE North 02 degrees 39 minutes 08 seconds West, along the
478	478	Easterly right-of-way of said Binford Road (66' right-of-way), a
479	479	distance of 3983.74 feet (call: 3984.16 feet) to a 5/8 inch iron rod
480	480	set marking an angle point in said Easterly right-of-way line;
481	481	THENCE North 03 degrees 59 minutes 00 seconds East, continuing
482	482	along the Easterly right-of-way of said Binford Road (right-of-way
483	483	varies at this point), a distance of 370.66 feet to a 5/8 inch iron
484	484	rod set marking the Southerly end of cut-back corner at the
485	485	southeast corner of the intersection of the aforesaid U.S. 290
486	486	(new) and said Binford Road; said corner being located in the
487	487	southerly right-of-way line of U.S. 290, 326.25 feet at right
488	488	angles from the centerline, across from Engineers Station
489	489	123+06.25;
490	490	THENCE North 56 degrees 39 minutes 54 seconds East, along said
491	491	cut-back, a distance of 97.00 feet to a 5/8 inch iron rod set
492	492	marking the most Northerly Northwest corner of the herein described
493	493	tract; said corner being located in the southerly right-of-way line
494	494	of U.S. 290, 249.10 feet at right angles from the centerline, across
495	495	from Engineers Station 123+65.05;
496	496	THENCE South 70 degrees 39 minutes 12 seconds East, along said
497	497	right-of-way line, a distance of 107.61 feet to a 5/8 inch iron rod
498	498	set marking a point-of-curvature in said right-of-way line; said
499	499	point-of-curvature being located in the southerly right-of-way
500	500	line of U.S. 290, 249.10 feet at right angles from the centerline,
501	501	across from Engineers Station 124+72.67;
502	502	THENCE continuing along said right-of-line line,
503	503	counter-clockwise, following the arc of a 1963.86 foot radius
504	504	curve-to-the-left (radius point of said curve falls along a bearing
505	505	of North 19 degrees 20 minutes 48 seconds East), subtending a
506	506	central angle of 16 degrees 13 minutes 27 seconds, through an arc
507	507	length of 556.10 feet (chord bearing of South 78 degrees 45 minutes
508	508	56 seconds East, 554.24 feet) to the POINT OF BEGINNING and
509	509	containing 440.146 acres (19,172,762 square feet) of land.
510	510	Tract 3
511	511	A tract or parcel of land containing 10.536 acres (458,955 square
512	512	feet) out of Lot 1 of Section 15 of said Harris County School Land
513	513	Survey, Abstract No 332, Harris County, Texas; said 10.536 acres
514	514	being that same tract of land called 10.5483 acres described by deed
515	515	recorded in HCCF No M577056 ("Tract 3", therein) and conveyed to
516	516	Delta Troy Interests, Ltd by deed recorded in X381657 and more
517	517	particularly described by metes and bounds as follows:
518	518	BEGINNING at a 1/2 inch iron rod found marking the Northwest corner
519	519	of the intersection of the northerly right-of-way line of U.S. 290
520	520	and the westerly right-of-way line of Kickapoo Road (66'
521	521	right-of-way), same being the Southeast corner of the herein
522	522	described tract;
523	523	THENCE North 87 degrees 42 minutes 07 seconds West, along the
524	524	northerly right-of-way line of said U.S. 290, a distance of 468.34
525	525	feet to a 5/8 inch iron rod set marking a point-of-curvature in
526	526	said northerly right-of-way line; a 3/8 inch iron rod found bears
527	527	South 56 degrees 27 minutes 32 seconds East, 2.03 feet from said
528	528	point-of-curvature;
529	529	THENCE clockwise along said northerly right-of-way line and
530	530	following a 532.96 foot radius curve-to-the-right, subtending a
531	531	central angle of 38 degrees 27 minutes 09 seconds, through an arc
532	532	length of 357.68 feet (chord bearing of North 73 degrees 04 minutes
533	533	18 seconds West, 351.01 feet) to a 5/8 inch iron rod set marking a
534	534	point-of-tangency in said northerly right-of-way line; said
535	535	point-of-tangency being located in the northerly right-of-way line
536	536	of U.S. 290, 160.00 feet at right angles from the centerline, across
537	537	from Engineers Station 174+17.41;
538	538	THENCE North 53 degrees 50 minutes 44 seconds West, along said
539	539	northerly right-of-way line, a distance of 595.14 feet (call:
540	540	596.40 feet) to a 5/8 inch iron rod set marking the Northwest corner
541	541	of the herein described tract in the common line of Lot 16 of
542	542	Section 10 and said Lot 1 of Section 15;
543	543	THENCE North 87 degrees 57 minutes 51 seconds East, along said
544	544	common line, same being the centerline of the aforesaid unnamed 66'
545	545	roadway, a distance of 1266.25 feet (call: 1266.84 feet) to a 5/8
546	546	inch iron rod set in the westerly right-of-way line of said Kickapoo
547	547	Road marking the Northeast corner of the herein described tract; a 1
548	548	inch iron pipe found marking the Southeast corner of the called
549	549	78.9245 acre Schindler tract bears North 02 degrees 15 minutes 05
550	550	seconds West, 33.00 feet for reference;
551	551	THENCE South 02 degrees 15 minutes 05 seconds East, along the
552	552	westerly right-of-way line of said Kickapoo Road, a distance of
553	553	479.89 feet (call: 480.13 feet) to the POINT OF BEGINNING and
554	554	containing 10.536 acres (458,955 square feet) of land.
555	555	Tract 4
556	556	A tract or parcel of land containing 283.558 acres (12,351,801
557	557	square feet) out of Lots 1, 2, 3, 6-11, 15, & 16 of Section 10 of
558	558	said Harris County School Land Survey, Abstract No 332, Harris
559	559	County, Texas; said 283.558 acres being out of that tract of land
560	560	called 393.3575 acres described by deed recorded in HCCF No M577056
561	561	("Tract 4-A", therein) and conveyed to Delta Troy Interests, Ltd by
562	562	deed recorded in X381657 and more particularly described by metes
563	563	and bounds as follows:
564	564	BEGINNING at a 5/8 inch iron rod set marking the Northeast corner of
565	565	the herein described tract, same being the southwest corner of the
566	566	intersection of Kickapoo Road and said FM 2920 (aka Waller-Tomball
567	567	Road); a 1 inch iron pipe found bears South 02 degrees 15 minutes 05
568	568	seconds East, 0.99 foot from said property corner;
569	569	THENCE South 02 degrees 15 minutes 05 seconds East (call: South 02
570	570	degrees 17 minutes 53 seconds East), along the westerly
571	571	right-of-way line of said Kickapoo Road (66' right-of-way), a
572	572	distance of 2592.60 feet (HCCF No M798918; call: 2593.01 feet-HCCF
573	573	No M577056) to a 5/8 inch iron rod set marking the most northerly
574	574	Southeast corner of the herein described tract, same being in the
575	575	common line of Lots 8 and 9 of said Section 10 and being the
576	576	Northeast corner of that called 78.9245 acre Schindler tract of
577	577	land described in HCCF No M798918 and that called 23.6773 acre tract
578	578	out of same conveyed to Michael McDonald and wife, Kimela McDonald,
579	579	by deed recorded in HCCF No X611580; a 5/8 inch iron rod found bears
580	580	North 87 degrees 33 minutes 33 seconds East, 2.99 feet from said
581	581	corner;
582	582	Thence South 87 degrees 33 minutes 33 seconds West, along the common
583	583	line of said Lots 8 and 9, same being the northerly line of said
584	584	78.9245 acre Schindler tract, a distance of 1316.56 feet (call:
585	585	1316.44 feet - HCCF No M798918) to a 1 inch iron pipe found for
586	586	corner, same being the common corner of Lots 7, 8, 9, and 10 of said
587	587	Section 10 and the Northwest corner of said 78.9245 acre Schindler
588	588	tract; a capped iron rod found bears North 41 degrees 57 minutes 18
589	589	seconds East, 12.64 feet from said corner;
590	590	THENCE South 02 degrees 31 minutes 48 seconds East, along the common
591	591	line of Lots 9, 10, 15, and 16 of said Section 10, same being the
592	592	westerly line of said 78.9245 acre Schindler tract, passing at a
593	593	distance of 2618.58 feet (call: 2617.89 feet- HCCF No M798918) a 1
594	594	inch iron pipe found marking the most Southwest corner of said
595	595	78.9245 acre Schindler tract, same being in the northerly line of
596	596	the aforesaid unnamed 66' roadway, continuing a total distance of
597	597	2621.94 feet (call: 2631.01 feet) to a 5/8 inch iron rod set in the
598	598	northerly right-of-way line of the aforesaid U.S. 290 marking the
599	599	most southerly Southeast corner of the herein described tract;
600	600	THENCE North 53 degrees 50 minutes 44 seconds West, along the
601	601	northerly right-of-way line of said U.S. 290, a distance of 1915.33
602	602	feet (call: 1917.64 feet) to a 5/8 inch iron rod set marking a
603	603	point-of-curvature in the northerly right-of-way line of U.S. 290,
604	604	160.00 feet at right angles from the centerline, across from
605	605	Engineers Station 148+59.00;
606	606	THENCE along said northerly right-of-way line, counter-clockwise,
607	607	following the arc of a 7799.44 foot radius curve-to-the-left,
608	608	subtending a central angle of 04 degrees 50 min 53 seconds, through
609	609	an arc length of 659.96 feet (chord bearing of North 55 degrees 16
610	610	minutes 11 seconds West, 659.76 feet) to the Southwest corner of the
611	611	herein described tract, same being the Southeast corner of that
612	612	called 107.6370 acre tract conveyed to Peter S. Terpstra by deed
613	613	recorded in HCCF No 20070033123; a 3/8 inch iron rod found bears
614	614	South 79 degrees 56 minutes 25 seconds West, 0.88 foot from said
615	615	corner;
616	616	THENCE North 02 degrees 18 minutes 00 seconds West, crossing Lots
617	617	11, 6, and 3 of said Section 10 and along the easterly line of said
618	618	107.6370 acre tract, a distance of 3638.55 feet (call: 3639.80
619	619	feet) to a 5/8 inch iron rod set in the southerly right-of-way line
620	620	of FM 2920 (aka Waller-Tomball Road - 100' right-of-way) marking
621	621	the Northwest corner of the herein described tract, same being the
622	622	Northeast corner of said 107.6370 acres; 5/8 inch iron rods found
623	623	marking the northeast and northwest corners of a 10'x20' SWBT
624	624	easement dedicated by instrument recorded in HCCF No H844991 bear
625	625	South 87 degrees 42 minutes 00 seconds West, along said southerly
626	626	right-of-way line at 379.81 feet and 399.81 feet, respectively,
627	627	from said property corner;
628	628	THENCE North 87 degrees 42 minutes 00 seconds East, along said
629	629	southerly right-of-way line, passing at 2940.90 feet a 5/8 inch
630	630	iron rod found marking the northeast corner of a 20'x20' SWBT
631	631	easement dedicated by instrument recorded in HCCF No H844992,
632	632	continuing a total distance of 3341.68 feet (call: 3335.99 feet) to
633	633	the POINT OF BEGINNING and containing 283.558 acres (12,351,801
634	634	square feet) of land.
635	635	Tract 5
636	636	Being 0.992 acre (43,220 square feet) out of Lot 1, Section 9 of
637	637	Harris County School Land Survey, Abstract No 332 and being that
638	638	called 1 acre conveyed to Leon Schindler and R.G. Schindler by deed
639	639	recorded in Volume 2187, Page 525 of the Deed Records of Harris
640	640	County, Texas; said 0.992 acre fronting 208.00 feet on Binford Road
641	641	and being surrounded on three sides by that called 127.96 acre tract
642	642	conveyed to Peter S. Terpstra, Trustee, by deed recorded in HCCF Nos
643	643	20060246634 & 20060246637; said 0.992 acre also being that same
644	644	tract of land called 1 acre conveyed to Leon Schindler and R.G.
645	645	Schindler by deed recorded in Vol 2187, Pg 525, HCDR ("Fourth
646	646	Tract", therein) and called 0.9922 acre as described by deed
647	647	recorded in HCCF No M577056 ("Tract 5", therein) and conveyed to
648	648	Delta Troy Interests, Ltd by deed recorded in X381657 and more
649	649	particularly described by metes and bounds as follows:
650	650	COMMENCING at a 5/8 inch iron rod found marking the Southerly end of
651	651	cut-back corner at the northwest corner of the intersection of the
652	652	aforesaid U.S. 290 (new) and Binford Road; said corner being
653	653	located in the northerly right-of-way line of U.S. 290, 248.90 feet
654	654	at right angles from the centerline, across from Engineers Station
655	655	118+23.58;
656	656	THENCE North 56 degrees 39 minutes 54 seconds East, along said
657	657	cut-back, a distance of 97.00 feet to a point in the westerly
658	658	right-of-way line of said Binford Road at the Northerly end of said
659	659	cut-back;
660	660	THENCE North 03 degrees 59 minutes 00 seconds East, along the
661	661	westerly right-of-way line of said Binford Road (right-of-way
662	662	varies at this point), a distance of 370.87 feet to a 5/8 inch iron
663	663	rod found marking an angle point in said westerly right-of-way
664	664	line;
665	665	THENCE North 02 degrees 42 minutes 01 seconds West, along the
666	666	westerly right-of-way line of said Binford Road (66' right-of-way),
667	667	a distance of 1690.50 feet to a 1 inch iron pipe found marking the
668	668	POINT OF BEGINNING and southeast corner of the herein described
669	669	tract;
670	670	THENCE South 89 degrees 52 minutes 54 seconds West, crossing said
671	671	Lot 1 of Section 9, a distance of 208.00 feet to a 5/8 inch iron rod
672	672	set marking the southwest corner of the herein described tract; a
673	673	5/8 inch iron rod found bears North 14 degrees 12 minutes 39 seconds
674	674	East, 2.36 feet from said corner;
675	675	THENCE North 02 degrees 42 seconds 01 seconds West (call: North 02
676	676	degrees 41 seconds 16 seconds West, crossing said Lot 1 of Section
677	677	9, a distance of 208.00 feet to a 5/8 inch iron rod set marking the
678	678	northwest corner of the herein described tract;
679	679	THENCE North 89 degrees 52 minutes 54 seconds East, crossing said
680	680	Lot 1 of Section 9, a distance of 208.00 feet to a 1 inch iron pipe
681	681	found in the westerly right-of-way line of said Binford Road (66'
682	682	right-of-way) marking the northeast corner of the herein described
683	683	tract;
684	684	THENCE South 02 degrees 42 minutes 01 seconds East (call:
685	685	South 02 degrees 41 minutes 16 seconds East, along the westerly
686	686	right-of-way line of said Binford Road, a distance of 208.00 feet to
687	687	the POINT OF BEGINNING and containing 0.992 acre (43,220 square
688	688	feet) of land.
689	689	SECTION 3. (a) The legal notice of the intention to
690	690	introduce this Act, setting forth the general substance of this
691	691	Act, has been published as provided by law, and the notice and a
692	692	copy of this Act have been furnished to all persons, agencies,
693	693	officials, or entities to which they are required to be furnished
694	694	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
695	695	Government Code.
696	696	(b) The governor, one of the required recipients, has
697	697	submitted the notice and Act to the Texas Commission on
698	698	Environmental Quality.
699	699	(c) The Texas Commission on Environmental Quality has filed
700	700	its recommendations relating to this Act with the governor, the
701	701	lieutenant governor, and the speaker of the house of
702	702	representatives within the required time.
703	703	(d) All requirements of the constitution and laws of this
704	704	state and the rules and procedures of the legislature with respect
705	705	to the notice, introduction, and passage of this Act are fulfilled
706	706	and accomplished.
707	707	SECTION 4. (a) Section 8354.106, Special District Local
708	708	Laws Code, as added by Section 1 of this Act, takes effect only if
709	709	this Act receives a two-thirds vote of all the members elected to
710	710	each house.
711	711	(b) If this Act does not receive a two-thirds vote of all the
712	712	members elected to each house, Subchapter C, Chapter 8354, Special
713	713	District Local Laws Code, as added by Section 1 of this Act, is
714	714	amended by adding Section 8354.106 to read as follows:
715	715	Sec. 8354.106. NO EMINENT DOMAIN POWER. The district may
716	716	not exercise the power of eminent domain.
717	717	(c) This section is not intended to be an expression of a
718	718	legislative interpretation of the requirements of Section 17(c),
719	719	Article I, Texas Constitution.
720	720	SECTION 5. Except as provided by Section 4 of this Act:
721	721	(1) this Act takes effect immediately if it receives a
722	722	vote of two-thirds of all the members elected to each house, as
723	723	provided by Section 39, Article III, Texas Constitution; and
724	724	(2) if this Act does not receive the vote necessary for
725	725	immediate effect, this Act takes effect September 1, 2011.
726	726	* * * * *