Texas 2011 - 82nd Regular

Texas Senate Bill SB475 Compare Versions

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