By: Hegar S.B. No. 1910
(In the Senate - Filed April 24, 2013; April 25, 2013, read
first time and referred to Committee on Intergovernmental
Relations; May 2, 2013, reported favorably by the following vote:
Yeas 4, Nays 0; May 2, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fulshear Municipal Utility District
No. 3; providing authority to impose taxes 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 8487 to read as follows:
CHAPTER 8487. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8487.001. 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 Fulshear Municipal Utility
District No. 3.
Sec. 8487.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8487.003. 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. 8487.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8487.003
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. 8487.005. 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, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8487.006. 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8487.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8487.052, directors serve
staggered four-year terms.
Sec. 8487.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2013, 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 8487.003; or
(2) September 1, 2017.
(c) If permanent directors have not been elected under
Section 8487.003 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 8487.003; 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8487.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8487.102. 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. 8487.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8487.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8487.105. 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. 8487.106. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt; and
(2) the district is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any 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 creating this
chapter.
(d) 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.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8487.151 to authorize the district's bonds.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) 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.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8487.003.
(i) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8487.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8487.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8487.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8487.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8487.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8487.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8487.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8487.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Fulshear Municipal Utility District No. 3
initially includes all the territory contained in the following
area:
FIELD NOTES FOR A 1,354.459 ACRE TRACT OF LAND IN THE H. & T. C.
RAILROAD COMPANY SURVEY SECTION 75, ABSTRACT 155, AND THE H. & T. C.
RAILROAD COMPANY SURVEY SECTION 105, ABSTRACT 416, WALLER COUNTY
TEXAS, AND THE H. & T. C. RAILROAD COMPANY SURVEY SECTION 75,
ABSTRACT 732, THE H. & T. C. RAILROAD COMPANY SURVEY SECTION 105,
ABSTRACT 261, THE J. G. BENNETT SURVEY, ABSTRACT 611, AND THE J. D.
VERMILLION SURVEY, ABSTRACT 339, FORT BEND COUNTY, TEXAS, SAID
1,354.459 ACRE TRACT BEING OUT OF THE ESTATE OF BESSIE MAE JORDAN AS
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2000015121, OFFICIAL
PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, AND IN VOLUME 0648, PAGE
384, OFFICIAL RECORDS, WALLER COUNTY, TEXAS, SAID 1,354.459 ACRE
TRACT ALSO BEING COMPRISED OF THAT CERTAIN CALLED 200 ACRE TRACT
DESCRIBED IN DEED RECORDED IN VOLUME 252, PAGE 465, DEED RECORDS,
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 110 ACRE TRACT
DESCRIBED IN DEED RECORDED IN VOLUME 252, PAGE 465, DEED RECORDS,
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 137-1/2 ACRE TRACT
DESCRIBED IN DEED RECORDED IN VOLUME 208, PAGE 635, DEED RECORDS,
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 160 ACRE TRACT
DESCRIBED IN DEED RECORDED IN VOLUME 208, PAGE 633, DEED RECORDS,
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 200 ACRE TRACT
DESCRIBED IN DEED RECORDED IN VOLUME 251, PAGE 551, DEED RECORDS,
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 75.856 ACRE TRACT
DESCRIBED IN DEED RECORDED IN VOLUME 416, PAGE 572, DEED RECORDS,
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 10 ACRE TRACT
DESCRIBED IN DEED RECORDED IN VOLUME 281, PAGE 207, DEED RECORDS,
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 2.0 ACRE TRACT
DESCRIBED IN DEED RECORDED IN VOLUME 523, PAGE 545, DEED RECORDS,
FORT BEND COUNTY, TEXAS, THE RESIDUE OF THAT CERTAIN CALLED 40 ACRE
TRACT DESCRIBED IN DEED RECORDED IN VOLUME 70, PAGE 68, DEED
RECORDS, FORT BEND COUNTY, TEXAS, AND THE RESIDUE OF THE H. & T. C.
RAILROAD COMPANY SURVEY SECTION 75, ABSTRACT 155, WALLER COUNTY
TEXAS, AND ABSTRACT 732, FORT BEND COUNTY, TEXAS, WITH ALL BEARINGS
BEING GRID AND COORDINATES BEING TEXAS STATE PLANE, SOUTH CENTRAL
ZONE, NAD83, BASED UPON GPS OBSERVATIONS OF N.G.S. TRIANGULATION
STATION "BROOKSHIRE", SCALE FACTOR USED = 0.99988896.
COMMENCING at a 1/2 inch iron pipe with cap marked "Kalkomey
Surveying" found on the common line of the H. & T. C. Railroad
Company Survey Section 75, Abstract 155, Waller County, Texas, and
Abstract 732, Fort Bend County, Texas, and the adjoining H. & T. C.
Railroad Company Survey Section 76, Abstract 322, Waller County,
Texas, and Abstract 764, Fort Bend County, Texas, at its
intersection with the east right-of-way line of Woods Road (80-feet
wide), said point being the southwest corner of an adjoining called
280.3406 acre tract described in deed recorded in Volume 0817, Page
027, Official Records, Waller County, Texas, and being in the north
line of Jordan Road (70-foot wide private road), said point having
coordinates of X = 2,945,451.66, Y = 13,835,816.55;
THENCE North 88 degrees 02 minutes 42 seconds East (adjoiner called
North 88 degrees 02 minutes 42 seconds East) along the common line
of the H. & T. C. Railroad Company Survey Section 75, and said
adjoining H. & T. C. Railroad Company Survey Section 76, at 270.00
feet pass a 1/2 inch iron pipe with cap marked "Kalkomey Surveying"
set on said line for the northwest corner of an adjoining 15.396
acre tract surveyed by the undersigned this date, and continuing
for a total distance of 1,000.45 feet to a 1/2 inch iron pipe with
cap marked "Kalkomey Surveying" set on said line for a northwest
corner and Place of Beginning of the herein described 1,354.459
acre tract, same being the northeast corner of said adjoining
15.396 acre tract;
THENCE North 88 degrees 02 minutes 42 seconds East (adjoiner called
North 88 degrees 02 minutes 42 seconds East) continuing along said
common line, being the north line of the residue of said called 40
acre tract and the north line of said residue of the H. & T. C.
Railroad Company Survey Section 75, same being the south line of
said adjoining called 280.3406 acre tract, 5,016.89 feet to a 3/4
inch iron pipe found for reentry corner to the herein described
tract, said point being the northeast corner of said residue of the
H. & T. C. Railroad Company Survey Section 75, same being the
southeast corner of the H. & T. C. Railroad Company Survey Section
76, and the southeast corner of said adjoining called 280.3406 acre
tract, and being in the west line of the H. & T. C. Railroad Company
Survey Section 105, Abstract 416, Waller County, Texas, and
Abstract 261, Fort Bend County, Texas, same being the west line of
said called 200 acre tract recorded in Volume 252, Page 465, Deed
Records, Fort Bend County, Texas;
THENCE North 01 degree 54 minutes 20 seconds West (adjoiner called
North 01 degree 54 minutes 20 seconds West) along the common line of
the H. & T. C. Railroad Company Survey Section 105, and the H. & T.
C. Railroad Company Survey Section 76, same being the common line of
the herein described tract and said adjoining called 280.3406 acre
tract, 1,520.90 feet to a 1/2 inch iron pipe with cap marked
"Kalkomey Surveying" set for the upper northwest corner of the
herein described tract, the northwest corner of said called 200
acre tract, and the northwest corner of the H. & T. C. Railroad
Company Survey Section 105, same being the southwest corner of the
adjoining J. G. Bennett Survey, Abstract 292, Waller County, Texas,
and Abstract 568, Fort Bend County, Texas, and the southwest corner
of an adjoining called 261.701 acre tract described in deed
recorded in Volume 0808, Page 067, Official Records, Waller County,
Texas;
THENCE North 87 degrees 37 minutes 00 seconds East (called East,
adjoiner called North 87 degrees 37 minutes 00 seconds East) along
the common line of the H. & T. C. Railroad Company Survey Section
105, and the J. G. Bennett Survey, same being the common line of the
herein described tract and said adjoining called 261.701 acre
tract, 2,705.78 feet (called 950 varas, 2,638.89 feet, adjoiner
called 2,705.78 feet) to a 1/2 inch iron pipe with cap marked
"Kalkomey Surveying" found on said line for angle point, said point
being the northeast corner of the H. & T. C. Railroad Company Survey
Section 105, same being the northwest corner of the J. G. Bennett
Survey, Abstract 611, Fort Bend County, Texas, said point also
being the northeast corner of said called 200 acre tract recorded in
Volume 252, Page 465, Deed Records, Fort Bend County, Texas, same
being the northwest corner of said called 160 acre tract recorded in
Volume 200 date, Page 635, Deed Records, Fort Bend County, Texas;
THENCE North 87 degrees 31 minutes 40 seconds East (called North 89
degrees 40 minutes East, adjoiner called North 87 degrees 31
minutes 44 seconds East) along the common line of the J. G. Bennett
Survey, Abstract 611, and the J. G. Bennett Survey, Abstract 568,
same being the common line of the herein described tract and said
adjoining called 261.701 acre tract, 2,597.32 feet (called 2,640
feet, adjoiner called 2,597.32 feet) to a 12-inch square concrete
post found on said line for angle point, being the northeast corner
of said called 160 acre tract (Volume 208, Page 635, Deed Records,
Fort Bend County, Texas), the southeast corner of said adjoining
called 261.701 acre tract, the southwest corner of an adjoining
called 316 acre tract described in deed recorded in Volume 0553,
Page 088, Official Records, Waller County, Texas, and the northwest
corner of said called 75.856 acre tract recorded in Volume 416, Page
572, Deed Records, Fort Bend County, Texas, said point also being
the northeast corner of the J. G. Bennett Survey, Abstract 611, the
southeast corner of the J. G. Bennett Survey, Abstract 568, the
southwest corner of the Jesse Thompson Survey, Abstract 292 and the
northwest corner of the J. D. Vermillion Survey, Abstract 339;
THENCE North 87 degrees 49 minutes 24 seconds East (adjoiner called
East) along the common line of the J. D. Vermillion Survey, Abstract
339, and the Jesse Thompson Survey, Abstract 292, same being the
common line of the herein described tract and said adjoining called
316 acre tract, 1,888.76 feet (called 1,910.87 feet) to a 5/8 inch
iron rod with cap marked "Cotton Surveying" inside a 1-inch iron
pipe found for the upper northeast corner of the herein described
tract and the northeast corner of said called 75.856 acre tract,
same being the northwest corner of an adjoining called 430.083 acre
tract described in deed recorded in Volume 2185, Page 899, Official
Records, Fort Bend County, Texas;
THENCE South 02 degrees 10 minutes 37 seconds East (called South,
adjoiner called South 00 degrees 08 minutes 16 seconds East) along
the common line of the herein described tract and said adjoining
called 430.083 acre tract, 2,024.61 feet (called 2,002.77 feet,
adjoiner called 2,024.13 feet) to a 1-inch iron pipe found for
reentry corner to the herein described tract, same being the upper
southwest corner of said adjoining called 430.083 acre tract, said
point also being the southeast corner of said called 75.856 acre
tract, and being in the north line of said called 200 acre tract
recorded in Volume 251, Page 551, Deed Records, Fort Bend County,
Texas;
THENCE North 87 degrees 53 minutes 34 seconds East (called East,
adjoiner called North 89 degrees 55 minutes 56 seconds East)
continuing along said common line, being the north line of said
called 200 acre tract, 894.07 feet (adjoiner called 894.11 feet) to
a 3/4 inch iron pipe found for the lower northeast corner of the
herein described tract and the northeast corner of said called 200
acre tract, same being a reentry corner to said adjoining called
430.083 acre tract;
THENCE South 01 degree 56 minutes 47 seconds East (called South,
adjoiner called South 00 degrees 02 minutes 54 seconds West)
continuing along said common line, 3,119.21 feet (called 3,122.2
feet, adjoiner called 3,120.16 feet) to a 1-inch iron pipe found for
the most easterly southeast corner of the herein described tract
and the southeast corner of said called 200 acre tract, same being
the lower southwest corner of said adjoining called 430.083 acre
tract, and being in the north line of an adjoining called 685.9742
acre tract described in deed recorded under County Clerk's File
Number 2004061394, Official Public Records, Fort Bend County,
Texas;
THENCE South 87 degrees 51 minutes 51 seconds West (called West,
adjoiner called South 89 degrees 51 minutes 39 seconds West) along
the common line of the herein described tract and said adjoining
called 685.9742 acre tract, 2,792.12 feet (called 2,794.44 feet,
adjoiner called 2,793.03 feet) to a 1-1/4 inch iron pipe found for
the most easterly southwest corner of the herein described tract
and the southwest corner of said called 200 acre tract, same being
the northwest corner of said adjoining called 685.9742 acre tract,
and being in the east line of an adjoining called 473.246 acre tract
described in deed recorded in Volume 528, Page 132, Deed Records,
Fort Bend County, Texas, said point also being in the west line of
the J. D. Vermillion Survey, Abstract 339, same being the east line
of the J. G. Bennett Survey, Abstract 611;
THENCE North 01 degree 56 minutes 18 seconds West (called North,
adjoiner called North 00 degrees 31 minutes 25 seconds West) along
common line of the J. D. Vermillion Survey, Abstract 339, and the J.
G. Bennett Survey, Abstract 611, same being the common line of the
herein described tract and said adjoining called 473.246 acre
tract, 2,445.26 feet (adjoiner called 2,445.70 feet) to a 1/2 inch
iron pipe with cap marked "Kalkomey Surveying" set at a 1-1/4 inch
iron pipe found disturbed for a reentry corner to the herein
described tract, same being the northeast corner of said adjoining
called 473.2466 tract, said point also being the southeast corner
of said called 160 acre tract, and being in the west line of said
called 200 acre tract (Volume 251, Page 551, Deed Records, Fort Bend
County, Texas);
THENCE South 87 degrees 14 minutes 39 seconds West (called South 89
degrees 40 minutes West, adjoiner called South 88 degrees 40
minutes 50 seconds West) along the common line of the herein
described tract and said adjoining called 473.246 acre tract,
2,533.40 feet (called 2,640 feet, adjoiner called 2,533.40 feet) to
a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for
reentry corner to the herein described tract, same being the
northwest corner of said adjoining called 473.246 acre tract, said
point being the southwest corner of said called 160 acre tract, and
being in the east line of said called 200 acre tract recorded in
Volume 252, Page 465, Deed Records, Fort Bend County, Texas, said
point also being in the west line of the J. G. Bennett Survey,
Abstract 611, and the H. & T. C. Railroad Company Survey Section
105;
THENCE South 01 degree 54 minutes 43 seconds East (called South,
adjoiner called South 00 degrees 57 minutes 52 seconds East) along
the common line of the herein described tract and said adjoining
called 473.246 acre tract, same being the common line of the J. G.
Bennett Survey, Abstract 611, and the H. & T. C. Railroad Company
Survey Section 105, Abstract 261, same being the east line of said
called 200 acre tract (Volume 252, Page 465, Deed Records, Fort Bend
County, Texas), and the east line of said called 110 acre tract,
2,397.64 feet (adjoiner called 2,398.52 feet) to a 1-1/4 inch iron
pipe found on said line for angle point, said point being the
southeast corner of said called 110 acre tract, same being the
northeast corner of said called 137-1/2 acre tract;
THENCE South 01 degree 12 minutes 21 seconds East (called South,
adjoiner called South 00 degrees 18 minutes 20 seconds West)
continuing along the common line of the herein described tract and
said adjoining called 473.246 acre tract, same being the common
line of the J. G. Bennett Survey, Abstract 611, and the H. & T. C.
Railroad Company Survey Section 105, and along the east line of said
called 137-1/2 acre tract, 2,565.81 feet (called 817 varas,
2,269.44 feet, adjoiner called 2,766.96 feet) to a 3/4 inch iron
pipe found for the occupied lower southeast corner of the herein
described tract and the occupied southeast corner of said called
137-1/2 acre tract, same being the occupied northeast corner of an
adjoining called 192.50 acre tract described in deed recorded in
Volume 661, Page 696, Deed Records, Fort Bend County, Texas, said
point having coordinates of X = 2,954,406.59, Y = 13,829,987.63;
THENCE North 86 degrees 18 minutes 38 seconds West (called West)
along the occupied common line of the herein described tract and
said adjoining called 192.50 acre tract, same being the occupied
south line of said called 137-1/2 acre tract, 2,736.49 feet (called
950 varas, 2,638.89 feet) to a 1/2 inch iron pipe with cap marked
"Kalkomey Surveying" set for the occupied lower southwest corner of
the herein described tract and the occupied southwest corner of
said called 137-1/2 acre tract, same being the occupied northwest
corner of said adjoining called 192.50 acre tract, said point also
being in the east line of an adjoining called 1,316.47 acre tract
described in deed recorded in Volume 671, Page 310, Deed Records,
Fort Bend County, Texas, same being the common line of the H. & T. C.
Railroad Company Survey Section 105, Abstract 261, and the Micajah
Autrey Survey, Abstract 100, Fort Bend County, Texas;
THENCE North 01 degree 59 minutes 02 seconds West (called North)
along the lower west line of the herein described tract, being the
west line of the H. & T. C. Railroad Company Survey Section 105, the
west line of said called 137-1/2 acre tract, and the west line of
said called 110 acre tract, same being the east line of said
adjoining called 1,316.47 acre tract, the east line of the Micajah
Autrey Survey, Abstract 100, and the east line of the H. & T. C.
Railroad Company Survey Section 75, Abstract 732, Fort Bend County,
Texas, 2,434.00 feet to a 2-inch iron pipe found for reentry corner
to the herein described tract, same being the northeast corner of
said adjoining called 1,316.47 acre tract, and the southeast corner
of the aforementioned residue of the H. & T. C. Railroad Company
Survey Section 75, said point being in the west line of said called
110 acre tract, same being the common line of the H. & T. C. Railroad
Company Survey Section 105, Abstract 261, and the H. & T. C.
Railroad Company Survey Section 75, Abstract 732, Fort Bend County,
Texas;
THENCE South 87 degrees 38 minutes 20 seconds West (adjoiner called
South 89 degrees 12 minutes 37 seconds West) along the common line
of the herein described tract and said adjoining called 1,316.47
acre tract, 4,988.30 feet to a 1/2 inch iron pipe with cap marked
"Kalkomey Surveying" set on said line for corner, said point being
the southeast corner of an adjoining 10.00 acre tract surveyed by
the undersigned this date;
THENCE North 02 degrees 36 minutes 12 seconds West along the common
line of the herein described tract and said adjoining 10.00 acre
tract, 435.60 feet to a 1/2 inch iron pipe with cap marked "Kalkomey
Surveying" set for reentry corner to the herein described tract,
same being the northeast corner of said adjoining 10.00 acre tract;
THENCE South 87 degrees 38 minutes 20 seconds West continuing along
said common line, 1,000.00 feet to a 1/2 inch iron pipe with cap
marked "Kalkomey Surveying" set for the most westerly southwest
corner of the herein described tract, same being the northwest
corner of said adjoining 10.00 acre tract, and being in the east
right-of-way line of Woods Road;
THENCE North 02 degrees 36 minutes 12 seconds West along the most
westerly west line of the herein described tract, same being the
east right-of-way line of Woods Road, 1,146.34 feet to a 1/2 inch
iron pipe found for corner of the herein described tract, being the
southwest corner of an adjoining called 1.0 acre tract described in
deed recorded in Volume 0676, Page 580, Official Records, Waller
County, Texas, and County Clerk's File Number 2000050964, Official
Public Records, Fort Bend County, Texas;
THENCE North 87 degrees 22 minutes 09 seconds East along the common
line of the herein described tract and said adjoining called 1.0
acre tract, at 211.82 feet pass a 1/2 inch iron pipe found on said
line for the southeast corner of said adjoining called 1.0 acre
tract, same being the southwest corner of an adjoining called 4.00
acre tract described in deed recorded in Volume 0651, Page 148,
Official Records, Waller County, Texas, and County Clerk's File
Number 2000050963, Official Public Records, Fort Bend County,
Texas, and continuing for a total distance of 461.91 feet to a 1/2
inch iron pipe with cap marked "Kalkomey Surveying" found for
reentry corner to the herein described tract, same being the
southeast corner of said adjoining called 4.00 acre tract;
THENCE North 02 degrees 36 minutes 57 seconds West along the common
line the herein described tract and said adjoining called 4.00 acre
tract, at 696.74 feet pass a 1/2 inch iron pipe with cap marked
"Kalkomey Surveying" found on said line for the northeast corner of
said adjoining called 4.00 acre tract, same being the southeast
corner of an adjoining 3.922 acre tract surveyed by the undersigned
this date, and continuing for a total distance of 853.82 feet to a
1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for a
northwest corner of the herein described tract, same being the
lower southwest corner of the aforementioned adjoining 15.396 acre
tract surveyed by the undersigned this date, and being in the east
line of said adjoining 3.922 acre tract;
THENCE North 88 degrees 02 minutes 42 seconds East along the common
line of the herein described tract and said adjoining 15.396 acre
tract, 540.44 feet to a 1/2 inch iron pipe with cap marked "Kalkomey
Surveying" set for reentry corner to the herein described tract,
same being the southeast corner of said adjoining 15.396 acre
tract;
THENCE North 02 degrees 42 minutes 01 second West continuing along
said common line, at 960.06 feet pass a 1/2 inch iron pipe with cap
marked "Kalkomey Surveying" set on said line at its intersection
with the south margin of Jordan Road, and continuing for a total
distance of 1,030.06 feet to the Place of Beginning and containing
1,354.459 acres of land, more or less.
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) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8487, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8487.107 to read as follows:
Sec. 8487.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2013.
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