By: Fletcher (Senate Sponsor - Patrick) H.B. No. 709
(In the Senate - Received from the House April 11, 2011;
April 20, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 19, 2011, reported favorably by
the following vote: Yeas 5, Nays 0; May 19, 2011, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 524; 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 8354 to read as follows:
CHAPTER 8354. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 524
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8354.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris County Municipal
Utility District No. 524.
Sec. 8354.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8354.003. 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. 8354.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8354.003
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. 8354.005. 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. 8354.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting 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 8354.007-8354.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8354.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8354.052, directors serve
staggered four-year terms.
Sec. 8354.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting 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 commission 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 8354.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8354.003 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 8354.003; 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 8354.053-8354.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8354.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8354.102. 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. 8354.103. 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 commission as required by Section 54.234, Water Code.
Sec. 8354.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8354.103
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. 8354.105. 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. 8354.106. 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 8354.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8354.107-8354.150 reserved for expansion]
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8354.151. DIVISION OF DISTRICT; PREREQUISITES. The
district may be divided into two or more new districts only if the
district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
Sec. 8354.152. LAW APPLICABLE TO NEW DISTRICT. This
chapter applies to any new district created by division of the
district, and a new district has all the powers and duties of the
district.
Sec. 8354.153. LIMITATION ON AREA OF NEW DISTRICT. A new
district created by the division of the district may not, at the
time the new district is created, contain any land outside the area
described by Section 2 of the Act enacting this chapter.
Sec. 8354.154. DIVISION PROCEDURES. (a) The board, on its
own motion or on receipt of a petition signed by the owner or owners
of a majority of the assessed value of the real property in the
district, may adopt an order dividing the district.
(b) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8354.003 to confirm the district's creation.
(c) An order dividing the district:
(1) must:
(A) name each new district;
(B) include the metes and bounds description of
the territory of each new district;
(C) appoint temporary directors for each new
district, or provide that temporary directors are appointed in the
manner provided by Section 8354.052(a); and
(D) provide for the division of assets and
liabilities between the new districts; and
(2) is subject to a confirmation election in each new
district.
(d) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
Sec. 8354.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
A new district created by the division of the district shall hold a
confirmation and directors' election as required by Section
8354.003.
(b) The results of that election must be filed as required
by Sections 49.102(e) and (f), Water Code.
(c) If the voters of a new district do not confirm the
creation of the new district, the assets, liabilities, territory,
and governance of the new districts revert to the original
district.
Sec. 8354.156. MUNICIPAL CONSENT. Municipal consent to the
creation of the district and to the inclusion of land in the
district granted under Section 8354.004 acts as municipal consent
to the creation of any new district created by the division of the
district and to the inclusion of land in the new district.
Sec. 8354.157. TAX OR BOND ELECTION. Before a new district
created by the division of the district may impose a maintenance tax
or issue bonds payable wholly or partly from ad valorem taxes, the
new district must hold an election as required by this chapter to
obtain voter approval.
[Sections 8354.158-8354.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8354.201. 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 8354.203.
(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. 8354.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8354.201, 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. 8354.203. 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 8354.204-8354.250 reserved for expansion]
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS
Sec. 8354.251. 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. 8354.252. 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. 8354.253. 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 Harris County Municipal Utility District No.
524 initially includes all the territory contained in the following
area: 990.804 acres in 5 non-contiguous tracts out of Sections 9,
10, 15, and 16 of Harris County School Land Survey, Abstract No 332,
recorded in Vol 17, Pg 222 of the Deed Records of Harris County,
Texas and including within Tracts 1, 2, 3, and 4 an unnamed 66 foot
roadway as shown on the plat of said Harris County School Land being
granted by Commissioners Award recorded in Vol 7448, Pg 181, HCDR;
said roadway does not exist physically on the ground: (All bearings
used herein are based on Highway Right-of-Way Maps provided by the
Texas Department of Transportation)
Tract 1
A tract or parcel of land containing 255.572 acres (11,132,730
square feet) out of Lots 9, 10, 15, and 16 of Section 9 and Lots 1,
2, 7, & 8 of Section 16 of said Harris County School Land Survey,
Abstract No 332, Harris County, Texas; said 255.572 acres being
that same tract of land called 257.230 acres described by deed
recorded in HCCF No M577056 ("Tract 1", therein) and conveyed to
Delta Troy Interests, Ltd by deed recorded in X381657 and more
particularly described by metes and bounds as follows:
COMMENCING at a State Department of Highways and Public
Transportation Horizontal Control Monument located in the
southerly right-of-way line of U.S. 290, 160.00 feet at right
angles from the centerline, across from Engineers Station
109+27.74;
THENCE along said southerly right-of-way line, clockwise,
following the arc of a 1855.86 foot radius curve-to-the-right,
subtending a central angle of 03 degrees 20 min 18 seconds, through
an arc length of 108.13 feet (chord bearing of South 66 degrees 23
minutes 38 seconds East, 108.12 feet) to a 5/8 inch iron rod found
marking the POINT OF BEGINNING and most northerly Northeast corner
of the herein described tract, same being the East corner of that
called 12.4147 acre tract of land conveyed to Peter S. Terpstra,
Trustee by deed recorded in HCCF No 20060246633;
THENCE continuing along said right-of-way line and said curve,
subtending a central angle of 06 degrees 36 minutes 09 seconds,
through an arc length of 213.86 feet (chord bearing of South 61
degrees 25 minutes 25 seconds East, 213.74 feet) to a 5/8 inch iron
rod set marking the end of said curve; said point being located in
the southerly right-of-way line of U.S. 290, 202.32 feet at right
angles from the centerline, across from Engineers Station
112+46.53;
THENCE continuing along said right-of-line line, following the arc
of a 1963.86 foot radius curve-to-the-left (radius point of said
curve falls along a bearing of North 31 degrees 52 minutes 42
seconds East), subtending a central angle of 12 degrees 31 minutes
54 seconds, through an arc length of 429.54 feet (chord bearing of
South 64 degrees 23 minutes 15 seconds East, 428.68 feet) to a 5/8
inch iron rod set marking a point-of-tangency in the southerly
right-of-way line; said point-of-tangency being located in the
southerly right-of-way line of U.S. 290, 249.10 feet at right
angles from the centerline, across from Engineers Station
116+72.65;
THENCE South 70 degrees 39 minutes 12 seconds East, along said
right-of-way line, a distance of 382.15 feet to a 5/8 inch iron rod
set marking the Northerly end of cut-back corner at the southwest
corner of the intersection of said U.S. 290 and Binford Road; said
corner being located in the southerly right-of-way line of U.S.
290, 249.10 feet at right angles from the centerline, across from
Engineers Station 120+54.80;
THENCE South 30 degrees 37 minutes 41 seconds East, along said
cut-back, a distance of 95.73 feet to a 5/8 inch iron rod set
marking the Southerly end of said cut-back and the most Easterly
Northeast corner of the herein described tract; said corner being
located in the southerly right-of-way line of U.S. 290, 310.37 feet
at right angles from the centerline, across from Engineers Station
121+28.11;
THENCE South 09 degrees 03 minutes 59 seconds East, along the
westerly right-of-way of said Binford Road (right-of-way varies at
this point), a distance of 452.04 feet to a 5/8 inch iron rod set
marking an angle point in said right-of-way line; a 1 inch iron pipe
found bears South 03 degrees 41 minutes 58 seconds East, 35.93 feet
from said angle point;
THENCE South 02 degrees 39 minutes 08 seconds East, along the
westerly right-of-way line of said Binford Road (66' right-of-way)
and crossing Lots 9 and 16 of said Section 9 and Lots 1 and 8 of
Section 16, a distance of 3953.90 feet (call: 3954.35 feet) to a 5/8
inch iron rod set marking the Southeast corner of the herein
described tract, same being the Northwest corner of the
intersection of U.S. 290 (old)/State Highway 6 (aka Hempstead
Highway) and said Binford Road; a 5/8 inch iron rod found bears
North 68 degrees 08 minutes 01 seconds West, 4.54 feet from said
corner;
THENCE North 68 degrees 08 minutes 01 seconds West, along the
Northerly right-of-way line of said U.S. 290 (old)/State Highway 6
(aka Hempstead Highway) and crossing Lots 8, 7, and 2 of said
Section 16, a distance of 2899.51 feet (call: 2897.66 feet) to a 5/8
inch iron set marking the Southwest corner of the herein described
tract, same being the Southeast corner of that called 30.213 acre
tract of land conveyed to Michael L. Perry and Edna A. Perry by deed
recorded in HCCF No U717338; a 5/8 inch iron rod found bears South
02 degrees 24 minutes 55 seconds East, 7.01 feet from said corner;
THENCE North 02 degrees 24 minutes 55 seconds West, along the
Easterly line of said 30.213 acres, same being the Westerly line of
Lot 2 of said Section 16 and of Lots 15, 10, and 7 of said Section 9,
and with the Easterly line of that called 70.801 acre tract conveyed
to A.J. Foyt, Jr. by deed recorded in HCCF No U071611 and that
called 11.15 acre tract conveyed to L.J. Hakemack and wife, Ney
Hakemack, by deed recorded in HCCF No P056681, a distance of 3736.61
feet (call: 3753.11 feet) to a point for corner at the Northwest
corner of the herein described tract, same being the Southwest
corner of the aforesaid 12.4147 acre Terpstra Tract;
THENCE North 87 degrees 11 minutes 26 seconds East, along the
Southerly line of said 12.4147 acre tract, a distance of 1612.53
feet (call: 1623.36 feet) to the Point of Beginning and containing
255.572 Acres (11,132,730 square feet) of land.
Tract 2
A tract or parcel of land containing 440.146 acres (19,172,762
square feet) out of Lots 11-15 of Section 10 and Lots 1-12, 15, & 16
of Section 15 of said Harris County School Land Survey, Abstract No
332, Harris County, Texas; said 440.146 acres out of that same tract
of land called 451.6392 acres described by deed recorded in HCCF No
M577056 ("Tract 2-A", therein) and conveyed to Delta Troy
Interests, Ltd by deed recorded in X381657 and more particularly
described by metes and bounds as follows:
COMMENCING at a State Department of Highways and Public
Transportation Horizontal Control Monument located in the
southerly right-of-way line of U.S. 290, 160.00 feet at right
angles from the centerline, across from Engineers Station
109+27.74;
THENCE South 70 degrees 39 minutes 12 seconds East, a distance of
1690.16 feet to a point-of-curvature in the former southerly
right-of-way line of said U.S. 290; said point-of-curvature being
located 160.00 feet at right angles from the centerline, across
from Engineers Station 126+17.90;
THENCE along said former southerly right-of-way line, clockwise,
following the arc of a 7479.44 foot radius curve-to-the-right
(radius point of said curve falls along a bearing of South 19
degrees 20 minutes 48 seconds West), subtending a central angle of
03 degrees 05 min 32 seconds, through an arc length of 403.66 feet
(chord bearing of South 69 degrees 06 minutes 26 seconds East,
403.61 feet) to a 5/8 inch iron rod set in the current Southerly
right-of-way line of said U.S. 290 marking the POINT OF BEGINNING
and the most Easterly Northwest corner of the herein described
tract; said point being located 160.00 feet at right angles from the
centerline, across from Engineers Station 130+30.21;
THENCE continuing along said right-of-way line and said curve,
subtending a central angle of 13 degrees 42 minutes 56 seconds,
through an arc length of 1790.44 feet (chord bearing of South 60
degrees 42 minutes 12 seconds East, 1786.17 feet) to a 5/8 inch iron
rod set marking a point-of-tangency in said right-of-way line; said
point being located in the southerly right-of-way line of U.S. 290,
160.00 feet at right angles from the centerline, across from
Engineers Station 148+59.00;
THENCE South 53 degrees 50 minutes 44 seconds East, along said
right-of-way line, a distance of 2795.16 feet (call: 2793.73 feet -
TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
said right-of-way line;
THENCE along said southerly right-of-way line, clockwise,
following the arc of a 532.96 foot radius curve-to-the-right,
subtending a central angle of 51 degrees 31 min 30 seconds (call: 51
degrees 32 minutes 51 seconds - TxDOT), through an arc length of
478.76 feet (call: 479.28 feet - TxDOT) (chord bearing of South 28
degrees 04 minutes 59 seconds East, 463.29 feet) to a 5/8 inch iron
rod found marking a point-of-tangency in said southerly
right-of-way line;
THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
degrees 17 minutes 53 seconds East - TxDOT), along said southerly
right-of-way line, a distance of 187.88 feet (call: 188.32 feet -
TxDOT) to a 5/8 inch iron rod found marking a point-of-curvature in
said southerly right-of-way line;
THENCE counter-clockwise continuing along said right-of-way line
and a 612.96 foot radius curve-to-the-left, subtending a central
angle of 24 degrees 29 minutes 23 seconds (call: 24 degrees 34
minutes 06 seconds), through an arc length of 261.99 feet (call:
262.84 feet) (chord bearing of South 14 degrees 33 minutes 56
seconds East, 260.00 feet) to a 5/8 inch iron rod set for corner,
same being the most Northerly corner of that called 1.939 acre tract
of land conveyed to the State of Texas as a Drainage Easement for
Highway Purposes by deed recorded in HCCF No R450176 out of that
called 30 acre residue of that called 920.21 acre Schindler "First
Tract" as described by deed recorded in Vol 2187, Pg 525, HCDR;
THENCE South 63 degrees 11 minutes 23 seconds West (call: South 63
degrees 08 minutes 01 seconds West), along the northwesterly line
of said 1.939 acre tract, a distance of 620.23 feet (call: 620.08
feet) to a 5/8 inch iron rod set at the northwesterly corner of said
1.939 acre tract;
THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
degrees 17 minutes 53 seconds East), along the westerly line of said
1.939 acre tract, passing at a distance of 1102.28 feet (call:
1100.29 feet) a 1/2 inch iron rod found marking the Southwest corner
of said 1.939 acre and 30 acre tract and the Northwest corner of
that called 10.298 acre tract conveyed to MRJ Wood Products by deed
recorded in HCCF No U232228, continuing along the westerly line of
said 10.298 acre tract, a total distance of 1502.28 feet (call:
1500.29 feet) to a 5/8 inch iron rod set for corner, same being the
southwest corner of said 10.298 acre tract;
THENCE North 87 degrees 40 minutes 46 seconds East (call: North 87
degrees 42 minutes 07 seconds East), along the southerly line of
said 10.298 acre tract, a distance of 1121.41 feet to a 5/8 inch
iron rod set in the Westerly right-of-way line of Kickapoo Road
marking the most Northerly Southeast corner of the herein described
tract, same being the southeasterly corner of said 10.298 acre
tract;
THENCE South 02 degrees 19 minutes 14 seconds East (call: South 02
degrees 17 minutes 53 seconds East), along the Westerly
right-of-way line of said Kickapoo Road, a distance of 939.31 feet
(call: 938.70 feet) to a 1 inch iron pipe found for corner, same
being the Northeast corner of that called 2.401 acre tract conveyed
to Leaman Building Materials by deed recorded in HCCF No X159580
("Tract One");
THENCE North 68 degrees 08 minutes 01 seconds West, along the
northerly line of said 2.401 acre tract, a distance of 597.94 feet
(call: 600.00') to a 5/8 inch iron rod set for corner, same being
the Northwest corner of said 2.401 acre tract;
THENCE South 02 degrees 19 minutes 14 seconds East, along the
westerly line of said 2.401 acre tract and that called 1.804 acre
tract also conveyed to said Leaman Building Materials in said HCCF
No X159580 ("Tract Two"), a distance of 362.42 feet (call: 363.00
feet) to a 5/8 inch iron rod set in the northerly right-of-way line
of U.S. 290 (old)/State Highway 6 (aka Hempstead Highway) marking
the most Southerly Southeast corner of the herein described tract;
a 1 inch iron rod found bears South 02 degrees 19 minutes 14 seconds
East, 2.33 feet from said property corner; a 2 inch iron rod found
marking the Northeast corner of the intersection of said Kickapoo
Road and said U.S. 290 (old)/State Highway 6 (aka Hempstead
Highway) bears South 68 degrees 08 minutes 01 seconds East, 670.29
feet from said property corner;
THENCE North 68 degrees 08 minutes 01 seconds West, along the
northerly right-of-way line of said U.S. 290 (old)/State Highway 6
(aka Hempstead Highway), a distance of 5170.99 feet (call: 5167.61
feet) to a 5/8 inch iron rod set marking the Southwest corner of the
herein described tract, same being the Northeast corner of the
intersection of Binford Road and said U.S. 290 (old)/State Highway
6 (aka Hempstead Highway); a 5/8 inch iron rod set marking the
Northwest corner of said intersection bears North 68 degrees 08
minutes 01 seconds West, 72.54 feet from which a 5/8 inch iron rod
found bears North 68 degrees 08 minutes 01 seconds West, 4.54 feet;
THENCE North 02 degrees 39 minutes 08 seconds West, along the
Easterly right-of-way of said Binford Road (66' right-of-way), a
distance of 3983.74 feet (call: 3984.16 feet) to a 5/8 inch iron rod
set marking an angle point in said Easterly right-of-way line;
THENCE North 03 degrees 59 minutes 00 seconds East, continuing
along the Easterly right-of-way of said Binford Road (right-of-way
varies at this point), a distance of 370.66 feet to a 5/8 inch iron
rod set marking the Southerly end of cut-back corner at the
southeast corner of the intersection of the aforesaid U.S. 290
(new) and said Binford Road; said corner being located in the
southerly right-of-way line of U.S. 290, 326.25 feet at right
angles from the centerline, across from Engineers Station
123+06.25;
THENCE North 56 degrees 39 minutes 54 seconds East, along said
cut-back, a distance of 97.00 feet to a 5/8 inch iron rod set
marking the most Northerly Northwest corner of the herein described
tract; said corner being located in the southerly right-of-way line
of U.S. 290, 249.10 feet at right angles from the centerline, across
from Engineers Station 123+65.05;
THENCE South 70 degrees 39 minutes 12 seconds East, along said
right-of-way line, a distance of 107.61 feet to a 5/8 inch iron rod
set marking a point-of-curvature in said right-of-way line; said
point-of-curvature being located in the southerly right-of-way
line of U.S. 290, 249.10 feet at right angles from the centerline,
across from Engineers Station 124+72.67;
THENCE continuing along said right-of-line line,
counter-clockwise, following the arc of a 1963.86 foot radius
curve-to-the-left (radius point of said curve falls along a bearing
of North 19 degrees 20 minutes 48 seconds East), subtending a
central angle of 16 degrees 13 minutes 27 seconds, through an arc
length of 556.10 feet (chord bearing of South 78 degrees 45 minutes
56 seconds East, 554.24 feet) to the POINT OF BEGINNING and
containing 440.146 acres (19,172,762 square feet) of land.
Tract 3
A tract or parcel of land containing 10.536 acres (458,955 square
feet) out of Lot 1 of Section 15 of said Harris County School Land
Survey, Abstract No 332, Harris County, Texas; said 10.536 acres
being that same tract of land called 10.5483 acres described by deed
recorded in HCCF No M577056 ("Tract 3", therein) and conveyed to
Delta Troy Interests, Ltd by deed recorded in X381657 and more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found marking the Northwest corner
of the intersection of the northerly right-of-way line of U.S. 290
and the westerly right-of-way line of Kickapoo Road (66'
right-of-way), same being the Southeast corner of the herein
described tract;
THENCE North 87 degrees 42 minutes 07 seconds West, along the
northerly right-of-way line of said U.S. 290, a distance of 468.34
feet to a 5/8 inch iron rod set marking a point-of-curvature in
said northerly right-of-way line; a 3/8 inch iron rod found bears
South 56 degrees 27 minutes 32 seconds East, 2.03 feet from said
point-of-curvature;
THENCE clockwise along said northerly right-of-way line and
following a 532.96 foot radius curve-to-the-right, subtending a
central angle of 38 degrees 27 minutes 09 seconds, through an arc
length of 357.68 feet (chord bearing of North 73 degrees 04 minutes
18 seconds West, 351.01 feet) to a 5/8 inch iron rod set marking a
point-of-tangency in said northerly right-of-way line; said
point-of-tangency being located in the northerly right-of-way line
of U.S. 290, 160.00 feet at right angles from the centerline, across
from Engineers Station 174+17.41;
THENCE North 53 degrees 50 minutes 44 seconds West, along said
northerly right-of-way line, a distance of 595.14 feet (call:
596.40 feet) to a 5/8 inch iron rod set marking the Northwest corner
of the herein described tract in the common line of Lot 16 of
Section 10 and said Lot 1 of Section 15;
THENCE North 87 degrees 57 minutes 51 seconds East, along said
common line, same being the centerline of the aforesaid unnamed 66'
roadway, a distance of 1266.25 feet (call: 1266.84 feet) to a 5/8
inch iron rod set in the westerly right-of-way line of said Kickapoo
Road marking the Northeast corner of the herein described tract; a 1
inch iron pipe found marking the Southeast corner of the called
78.9245 acre Schindler tract bears North 02 degrees 15 minutes 05
seconds West, 33.00 feet for reference;
THENCE South 02 degrees 15 minutes 05 seconds East, along the
westerly right-of-way line of said Kickapoo Road, a distance of
479.89 feet (call: 480.13 feet) to the POINT OF BEGINNING and
containing 10.536 acres (458,955 square feet) of land.
Tract 4
A tract or parcel of land containing 283.558 acres (12,351,801
square feet) out of Lots 1, 2, 3, 6-11, 15, & 16 of Section 10 of
said Harris County School Land Survey, Abstract No 332, Harris
County, Texas; said 283.558 acres being out of that tract of land
called 393.3575 acres described by deed recorded in HCCF No M577056
("Tract 4-A", therein) and conveyed to Delta Troy Interests, Ltd by
deed recorded in X381657 and more particularly described by metes
and bounds as follows:
BEGINNING at a 5/8 inch iron rod set marking the Northeast corner of
the herein described tract, same being the southwest corner of the
intersection of Kickapoo Road and said FM 2920 (aka Waller-Tomball
Road); a 1 inch iron pipe found bears South 02 degrees 15 minutes 05
seconds East, 0.99 foot from said property corner;
THENCE South 02 degrees 15 minutes 05 seconds East (call: South 02
degrees 17 minutes 53 seconds East), along the westerly
right-of-way line of said Kickapoo Road (66' right-of-way), a
distance of 2592.60 feet (HCCF No M798918; call: 2593.01 feet-HCCF
No M577056) to a 5/8 inch iron rod set marking the most northerly
Southeast corner of the herein described tract, same being in the
common line of Lots 8 and 9 of said Section 10 and being the
Northeast corner of that called 78.9245 acre Schindler tract of
land described in HCCF No M798918 and that called 23.6773 acre tract
out of same conveyed to Michael McDonald and wife, Kimela McDonald,
by deed recorded in HCCF No X611580; a 5/8 inch iron rod found bears
North 87 degrees 33 minutes 33 seconds East, 2.99 feet from said
corner;
Thence South 87 degrees 33 minutes 33 seconds West, along the common
line of said Lots 8 and 9, same being the northerly line of said
78.9245 acre Schindler tract, a distance of 1316.56 feet (call:
1316.44 feet - HCCF No M798918) to a 1 inch iron pipe found for
corner, same being the common corner of Lots 7, 8, 9, and 10 of said
Section 10 and the Northwest corner of said 78.9245 acre Schindler
tract; a capped iron rod found bears North 41 degrees 57 minutes 18
seconds East, 12.64 feet from said corner;
THENCE South 02 degrees 31 minutes 48 seconds East, along the common
line of Lots 9, 10, 15, and 16 of said Section 10, same being the
westerly line of said 78.9245 acre Schindler tract, passing at a
distance of 2618.58 feet (call: 2617.89 feet- HCCF No M798918) a 1
inch iron pipe found marking the most Southwest corner of said
78.9245 acre Schindler tract, same being in the northerly line of
the aforesaid unnamed 66' roadway, continuing a total distance of
2621.94 feet (call: 2631.01 feet) to a 5/8 inch iron rod set in the
northerly right-of-way line of the aforesaid U.S. 290 marking the
most southerly Southeast corner of the herein described tract;
THENCE North 53 degrees 50 minutes 44 seconds West, along the
northerly right-of-way line of said U.S. 290, a distance of 1915.33
feet (call: 1917.64 feet) to a 5/8 inch iron rod set marking a
point-of-curvature in the northerly right-of-way line of U.S. 290,
160.00 feet at right angles from the centerline, across from
Engineers Station 148+59.00;
THENCE along said northerly right-of-way line, counter-clockwise,
following the arc of a 7799.44 foot radius curve-to-the-left,
subtending a central angle of 04 degrees 50 min 53 seconds, through
an arc length of 659.96 feet (chord bearing of North 55 degrees 16
minutes 11 seconds West, 659.76 feet) to the Southwest corner of the
herein described tract, same being the Southeast corner of that
called 107.6370 acre tract conveyed to Peter S. Terpstra by deed
recorded in HCCF No 20070033123; a 3/8 inch iron rod found bears
South 79 degrees 56 minutes 25 seconds West, 0.88 foot from said
corner;
THENCE North 02 degrees 18 minutes 00 seconds West, crossing Lots
11, 6, and 3 of said Section 10 and along the easterly line of said
107.6370 acre tract, a distance of 3638.55 feet (call: 3639.80
feet) to a 5/8 inch iron rod set in the southerly right-of-way line
of FM 2920 (aka Waller-Tomball Road - 100' right-of-way) marking
the Northwest corner of the herein described tract, same being the
Northeast corner of said 107.6370 acres; 5/8 inch iron rods found
marking the northeast and northwest corners of a 10'x20' SWBT
easement dedicated by instrument recorded in HCCF No H844991 bear
South 87 degrees 42 minutes 00 seconds West, along said southerly
right-of-way line at 379.81 feet and 399.81 feet, respectively,
from said property corner;
THENCE North 87 degrees 42 minutes 00 seconds East, along said
southerly right-of-way line, passing at 2940.90 feet a 5/8 inch
iron rod found marking the northeast corner of a 20'x20' SWBT
easement dedicated by instrument recorded in HCCF No H844992,
continuing a total distance of 3341.68 feet (call: 3335.99 feet) to
the POINT OF BEGINNING and containing 283.558 acres (12,351,801
square feet) of land.
Tract 5
Being 0.992 acre (43,220 square feet) out of Lot 1, Section 9 of
Harris County School Land Survey, Abstract No 332 and being that
called 1 acre conveyed to Leon Schindler and R.G. Schindler by deed
recorded in Volume 2187, Page 525 of the Deed Records of Harris
County, Texas; said 0.992 acre fronting 208.00 feet on Binford Road
and being surrounded on three sides by that called 127.96 acre tract
conveyed to Peter S. Terpstra, Trustee, by deed recorded in HCCF Nos
20060246634 & 20060246637; said 0.992 acre also being that same
tract of land called 1 acre conveyed to Leon Schindler and R.G.
Schindler by deed recorded in Vol 2187, Pg 525, HCDR ("Fourth
Tract", therein) and called 0.9922 acre as described by deed
recorded in HCCF No M577056 ("Tract 5", therein) and conveyed to
Delta Troy Interests, Ltd by deed recorded in X381657 and more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found marking the Southerly end of
cut-back corner at the northwest corner of the intersection of the
aforesaid U.S. 290 (new) and Binford Road; said corner being
located in the northerly right-of-way line of U.S. 290, 248.90 feet
at right angles from the centerline, across from Engineers Station
118+23.58;
THENCE North 56 degrees 39 minutes 54 seconds East, along said
cut-back, a distance of 97.00 feet to a point in the westerly
right-of-way line of said Binford Road at the Northerly end of said
cut-back;
THENCE North 03 degrees 59 minutes 00 seconds East, along the
westerly right-of-way line of said Binford Road (right-of-way
varies at this point), a distance of 370.87 feet to a 5/8 inch iron
rod found marking an angle point in said westerly right-of-way
line;
THENCE North 02 degrees 42 minutes 01 seconds West, along the
westerly right-of-way line of said Binford Road (66' right-of-way),
a distance of 1690.50 feet to a 1 inch iron pipe found marking the
POINT OF BEGINNING and southeast corner of the herein described
tract;
THENCE South 89 degrees 52 minutes 54 seconds West, crossing said
Lot 1 of Section 9, a distance of 208.00 feet to a 5/8 inch iron rod
set marking the southwest corner of the herein described tract; a
5/8 inch iron rod found bears North 14 degrees 12 minutes 39 seconds
East, 2.36 feet from said corner;
THENCE North 02 degrees 42 seconds 01 seconds West (call: North 02
degrees 41 seconds 16 seconds West, crossing said Lot 1 of Section
9, a distance of 208.00 feet to a 5/8 inch iron rod set marking the
northwest corner of the herein described tract;
THENCE North 89 degrees 52 minutes 54 seconds East, crossing said
Lot 1 of Section 9, a distance of 208.00 feet to a 1 inch iron pipe
found in the westerly right-of-way line of said Binford Road (66'
right-of-way) marking the northeast corner of the herein described
tract;
THENCE South 02 degrees 42 minutes 01 seconds East (call:
South 02 degrees 41 minutes 16 seconds East, along the westerly
right-of-way line of said Binford Road, a distance of 208.00 feet to
the POINT OF BEGINNING and containing 0.992 acre (43,220 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. (a) Section 8354.106, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8354, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8354.106 to read as follows:
Sec. 8354.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. Except as provided by Section 4 of this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.
* * * * *