Texas 2013 - 83rd Regular

Texas Senate Bill SB608 Compare Versions

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1	1	By: Hegar S.B. No. 608
2	2	(Bell)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris-Waller Counties Municipal
8	8	Utility District No. 3; providing authority to impose a tax and
9	9	issue bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8431 to read as follows:
13	13	CHAPTER 8431. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
14	14	NO. 3
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8431.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Harris-Waller Counties
22	22	Municipal Utility District No. 3.
23	23	Sec. 8431.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8431.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8431.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 8431.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8431.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8431.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8431.051. 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 8431.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 8431.052. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Lonnie Lee;
66	66	(2) Jennifer Coleman;
67	67	(3) Dana Thompson;
68	68	(4) John Hoag; and
69	69	(5) David Ward.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8431.003; 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 8431.003 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 8431.003; 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	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8431.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8431.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8431.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8431.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8431.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8431.151. ELECTIONS REGARDING TAXES OR BONDS.
127	127	(a) The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8431.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8431.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8431.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 8431.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	155	Sec. 8431.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	156	OBLIGATIONS. The district may issue bonds or other obligations
157	157	payable wholly or partly from ad valorem taxes, impact fees,
158	158	revenue, contract payments, grants, or other district money, or any
159	159	combination of those sources, to pay for any authorized district
160	160	purpose.
161	161	Sec. 8431.202. TAXES FOR BONDS. At the time the district
162	162	issues bonds payable wholly or partly from ad valorem taxes, the
163	163	board shall provide for the annual imposition of a continuing
164	164	direct ad valorem tax, without limit as to rate or amount, while all
165	165	or part of the bonds are outstanding as required and in the manner
166	166	provided by Sections 54.601 and 54.602, Water Code.
167	167	Sec. 8431.203. BONDS FOR ROAD PROJECTS. At the time of
168	168	issuance, the total principal amount of bonds or other obligations
169	169	issued or incurred to finance road projects and payable from ad
170	170	valorem taxes may not exceed one-fourth of the assessed value of the
171	171	real property in the district.
172	172	SECTION 2. The Harris-Waller Counties Municipal Utility
173	173	District No. 3 initially includes all the territory contained in
174	174	the following area:
175	175	448.64 ACRES OF LAND SITUATED IN THE H. & T.C .R.R. CO.
176	176	SURVEY, ABSTRACT NO. 1711, HARRIS COUNTY, TEXAS, THE H. & T.C .R.R.
177	177	CO. SURVEY, ABSTRACT NO. 196, WALLER COUNTY, TEXAS, THE J.
178	178	McCUTCHEON SURVEY, ABSTRACT NO. 1343, HARRIS COUNTY, TEXAS, THE J.
179	179	McCUTCHEON SURVEY, ABSTRACT NO. 306, WALLER COUNTY, TEXAS AND THE
180	180	H. & T.C .R.R. CO. SURVEY, ABSTRACT NO. 203, WALLER COUNTY, TEXAS,
181	181	THE SAID 448.64 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
182	182	AND BOUNDS IN TWO (2) TRACTS AS FOLLOWS (BEARINGS BASED ON TEXAS
183	183	STATE PLANE COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS
184	184	DETERMINED BY GPS MEASUREMENTS):
185	185	TRACT 1
186	186	A 138.60 ACRE TRACT OF LAND SITUATED IN THE H. & T.C .R.R. CO.
187	187	SURVEY, ABSTRACT NO. 196, WALLER COUNTY, TEXAS AND THE H. & T.C.
188	188	R.R. CO. SURVEY, ABSTRACT NO. 1711, HARRIS COUNTY, TEXAS, THE SAID
189	189	138.60 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
190	190	BOUNDS AS FOLLOWS:
191	191	COMMENCING at a 1/2-inch capped iron pipe stamped "Kalkomey"
192	192	found marking the southeasterly corner of the said F. Eule Survey,
193	193	A-376 and the northeasterly corner of the H. & T.C.C. R.R. Co.
194	194	Survey, Abstract No. 203 being in the westerly line of the H. &
195	195	T.C.C. R.R. Co. Survey, Abstract No. 196 , being in the current
196	196	extraterritorial jurisdiction line (ETJ) agreed to for the City of
197	197	Houston and the City Limits of the City of Katy, having Texas State
198	198	Plane, South Central Zone 1983, coordinates of X = 2,970,598.13 and
199	199	Y = 13,852,721.55 and being in the intersection of Franz Road (as
200	200	occupied at present) and Bartlett Road (as occupied at present);
201	201	THENCE, North 02°03'11" West, along easterly line of the said
202	202	F. Eule Survey and the westerly line of the said H. & T. C.C. R.R.
203	203	Co. Survey, Abstract No. 196, same being the current
204	204	extraterritorial jurisdiction line (ETJ) agreed to for the City of
205	205	Houston and the City Limits of the City of Katy, a distance of
206	206	2,492.31 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
207	207	found at a northwesterly corner for the City Limits of the City of
208	208	Katy, marking the southwesterly corner and POINT OF BEGINNING of
209	209	the herein described tract of land and having Texas State Plane,
210	210	South Central Zone 1983, coordinates of X = 2,970,508.84 and Y =
211	211	13,855,212.14;
212	212	(1) THENCE, North 02°03'11" West, along easterly line
213	213	of the said F. Eule Survey and the westerly line of the said H. & T.
214	214	C.C. R.R. Co. Survey, Abstract No. 196, same being the current
215	215	extraterritorial jurisdiction line (ETJ) agreed to between the
216	216	City of Houston and the City of Katy, a distance of 2,753.74 feet to
217	217	a point for corner in the southerly right-of-way line of Morton Road
218	218	(as occupied at present);
219	219	(2) THENCE, North 87°59'06" East, along the southerly
220	220	right-of-way line of Morton Road, being the current
221	221	extraterritorial jurisdiction line (ETJ) agreed to between the
222	222	City of Houston and the City of Katy, for a distance of 23.14 feet to
223	223	a point for corner in the southerly extension of the easterly
224	224	right-of-way line of Pitts Road (as occupied at present), being the
225	225	current extraterritorial jurisdiction line (ETJ) agreed to between
226	226	the City of Houston and the City of Katy;
227	227	(3) THENCE, North 02°03'11" West, along the southerly
228	228	extension of the easterly right-of-way line of Pitts Road, same
229	229	being the current extraterritorial jurisdiction line (ETJ) agreed
230	230	to between the City of Houston and the City of Katy, for a distance
231	231	of 30.00 feet to a point for corner in the southerly line of the E.
232	232	Jenkins Survey, Abstract No. 409 and the northerly line of the said
233	233	H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and being in Morton
234	234	Road;
235	235	(4) THENCE, North 87°59'06" East, along the common line
236	236	of the said E. Jenkins Survey, Abstract No. 409 and the H. & T. C.C.
237	237	R.R. Co. Survey, Abstract No. 196 for a distance of 1,802.23 feet to
238	238	a point marking the northeasterly corner of the herein described
239	239	tract of land being in the meanders of the centerline of the Cane
240	240	Island Branch of Buffalo Bayou, being the current City Limits of the
241	241	City of Katy;
242	242	THENCE, along the meanders of the centerline of the Cane
243	243	Island Branch of Buffalo Bayou, the following twelve (12) courses
244	244	and distances:
245	245	(5) South 07°05'41" East for a distance of 123.38 feet
246	246	to a point for corner;
247	247	(6) South 24°45'11" East for a distance of 17.51 feet
248	248	to a point for corner;
249	249	(7) South 09°35'52" East for a distance of 17.33 feet
250	250	to a point for corner;
251	251	(8) South 24°39'54" East for a distance of 933.91 feet
252	252	to a point for corner;
253	253	(9) South 25°13'39" East for a distance of 123.31 feet
254	254	to a point for corner;
255	255	(10) South 23°49'46" East for a distance of 198.91
256	256	feet to a point for corner;
257	257	(11) South 04°55'49" West for a distance of 181.40
258	258	feet to a point for corner;
259	259	(12) South 03°35'11" West for a distance of 771.53
260	260	feet to a point for corner;
261	261	(13) South 08°04'38" East for a distance of 202.50
262	262	feet to a point for corner;
263	263	(14) South 10°55'43" East for a distance of 113.16
264	264	feet to a point for corner;
265	265	(15) South 16°00'38" East for a distance of 77.12 feet
266	266	to a point for corner;
267	267	(16) South 06°45'05" East for a distance of 130.65
268	268	feet to a point for corner in the current City Limits of the City of
269	269	Katy;
270	270	(17) THENCE, South 87°56'49" West, along the current
271	271	City Limits of the City of Katy for a distance of 2,296.78 feet to
272	272	the POINT OF BEGINNING and containing 138.60 acres of land.
273	273	TRACT 2
274	274	A 310.04 ACRE TRACT OF LAND SITUATED IN THE J. McCUTCHEON
275	275	SURVEY, ABSTRACT NO. 1343, HARRIS COUNTY, TEXAS, THE J. McCUTCHEON
276	276	SURVEY, ABSTRACT NO. 306, WALLER COUNTY, TEXAS AND THE H. & T.C.
277	277	R.R. CO. SURVEY, ABSTRACT NO. 203, WALLER COUNTY, TEXAS, THE SAID
278	278	310.04 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
279	279	BOUNDS AS FOLLOWS:
280	280	COMMENCING at a 1/2-inch capped iron pipe stamped "Kalkomey"
281	281	found marking the southeasterly corner of the said F. Eule Survey,
282	282	A-376 and the northeasterly corner of the H. & T.C.C. R.R. Co.
283	283	Survey, Abstract No. 203 being in the westerly line of the H. &
284	284	T.C.C. R.R. Co. Survey, Abstract No. 196 , being in the current
285	285	extraterritorial jurisdiction line (ETJ) agreed to for the City of
286	286	Houston and the City Limits of the City of Katy, having Texas State
287	287	Plane, South Central Zone 1983, coordinates of X = 2,970,598.13 and
288	288	Y = 13,852,721.55 and being in the intersection of Franz Road (as
289	289	occupied at present) and Bartlett Road (as occupied at present);
290	290	THENCE, South 02°03'11" East, along the easterly line of the
291	291	H. & T.C.C. R.R. Co. Survey, Abstract No. 203 and the westerly line
292	292	of the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196, same
293	293	being the current extraterritorial jurisdiction line (ETJ) agreed
294	294	to for the City of Houston and the City Limits of the City of Katy, a
295	295	distance of 33.00 feet to the intersection with the easterly
296	296	extension of the southerly right-of-way line of Franz Road, marking
297	297	a point for corner in the current extraterritorial jurisdiction
298	298	line (ETJ) agreed to between the City of Houston and the City of
299	299	Katy and the most northerly northeast corner and POINT OF BEGINNING
300	300	of the herein described tract of land, having Texas State Plane,
301	301	South Central Zone 1983, coordinates of X = 2,970,599.31 and Y =
302	302	13,852,688.57;
303	303	(1) THENCE, South 02°03'11" East, continuing along the
304	304	easterly line of the H. & T.C.C. R.R. Co. Survey, Abstract No. 203
305	305	and the westerly line of the said H. & T. C.C. R.R. Co. Survey,
306	306	Abstract No. 196, same being the current City Limits of the City of
307	307	Katy, a distance of 1,111.85 feet to a 1/2-inch iron pipe found for
308	308	corner;
309	309	(2) THENCE, North 87°48'32" East, a distance of 921.80
310	310	feet to a 1/2-inch iron pipe found for corner;
311	311	(3) THENCE, North 02°03'11" West, a distance of 510.32
312	312	feet to a railroad spike found for corner in the southerly line of
313	313	the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the
314	314	northerly line of the said J. McCutcheon Survey and being in Morton
315	315	Road;
316	316	(4) THENCE, North 87°48'32" East, along the common of
317	317	the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the said
318	318	J. McCutcheon Survey, a distance of 1,823.00 feet to a railroad
319	319	spike found for corner ;
320	320	(5) THENCE, South 02°00'23" East, a distance of 378.50
321	321	feet to a point for corner;
322	322	(6) THENCE, North 87°48'32" East, a distance of 500.00
323	323	feet to a point for corner;
324	324	(7) THENCE, North 02°00'23" West, a distance of 378.50
325	325	feet to a cotton spindle found for corner in the southerly line of
326	326	the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the
327	327	northerly line of the said J. McCutcheon Survey and being in Morton
328	328	Road;
329	329	(8) THENCE, North 87°48'32" East, along the common of
330	330	the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the said
331	331	J. McCutcheon Survey, a distance of 80.00 feet to an "X" in concrete
332	332	found marking the most easterly northeast corner of the herein
333	333	described tract of land;
334	334	(9) THENCE, South 02°00'23" East, a distance of
335	335	1,083.67 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
336	336	found for corner;
337	337	(10) THENCE, South 87°59'37" West, a distance of 43.25
338	338	feet to a point for corner being in the meanders of the centerline
339	339	of the Cane Island Branch of Buffalo Bayou;
340	340	THENCE, along the meanders of the centerline of the Cane
341	341	Island Branch of Buffalo Bayou, the following eight (8) courses and
342	342	distances:
343	343	(11) South 30°22'18" West for a distance of 176.74
344	344	feet to a point for corner;
345	345	(12) South 34°52'08" West for a distance of 282.70
346	346	feet to a point for corner;
347	347	(13) South 20°24'01" West for a distance of 64.45 feet
348	348	to a point for corner;
349	349	(14) South 09°14'21" East for a distance of 108.98
350	350	feet to a point for corner;
351	351	(15) South 04°02'15" East for a distance of 154.42
352	352	feet to a point for corner;
353	353	(16) South 11°42'40" East for a distance of 168.80
354	354	feet to a point for corner;
355	355	(17) South 15°19'15" West for a distance of 68.22 feet
356	356	to a point for corner;
357	357	(18) South 48°56'03" West for a distance of 73.95 feet
358	358	to a point for corner in the southerly line of the said J.
359	359	McCutcheon Survey and the northerly line of the J. Crawford Survey,
360	360	A-113, marking the most easterly southeast corner of the herein
361	361	described tract of land and being in Tenth Street;
362	362	(19) THENCE, South 87°38'46" West, along the common of
363	363	the said J. McCutcheon Survey and the J. Crawford Survey, a
364	364	distance of 401.99 feet to point for corner;
365	365	(20) THENCE, North 02°03'52" West, a distance of 382.44
366	366	feet to a point for corner;
367	367	(21) THENCE, South 88°07'10" West, a distance of 356.87
368	368	feet to a point for corner;
369	369	(22) THENCE, North 02°03'52" West, a distance of 464.61
370	370	feet to a 1/2-inch iron pipe found for corner;
371	371	(23) THENCE, South 88°04'50" West, a distance of 456.77
372	372	feet to a 1/2-inch iron pipe found for corner;
373	373	(24) THENCE, South 02°51'33" East, a distance of
374	374	1,010.83 feet to a Mag nail with shiner found for corner in the
375	375	southerly line of the said J. McCutcheon Survey Survey, Abstract
376	376	No. 306 and the northerly line of the J. C. Paul Survey, A-386 and
377	377	being in Bartlett Road;
378	378	(25) THENCE, South 88°04'38" West, along the common of
379	379	the said J. McCutcheon Survey and the J. C. Paul Survey, a distance
380	380	of 1,759.35 feet to 1/2-inch capped iron pipe stamped "Kalkomey"
381	381	found for corner at the westerly common corner of said surveys,
382	382	being in the easterly line of the aforementioned H. & T.C.C. R.R.
383	383	Co. Survey, Abstract No. 203;
384	384	(26) THENCE, South 03°31'15" West, a distance of 40.17
385	385	feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for
386	386	corner in the arc of a non-tangent curve;
387	387	(27) THENCE, along the arc of a curve to the right
388	388	having a radius of 1,040.00 feet, a central angle of 38°24'17", an
389	389	arc length of 697.10 feet and a chord bearing N 72°30'37" W, a
390	390	distance of 684.12 feet to a 1/2-inch capped iron pipe stamped
391	391	"Kalkomey" found for corner in the current City Limits of the City
392	392	of Katy;
393	393	(28) THENCE, South 88°03'25" West, along the current
394	394	City Limits of the City of Katy, a distance of 1,537.40 feet to a
395	395	1/2-inch capped iron pipe stamped "Kalkomey" found for corner in
396	396	the arc of a non-tangent curve;
397	397	(29) THENCE, along the arc of a curve to the left
398	398	having a radius of 1,060.00 feet, a central angle of 37°07'19", an
399	399	arc length of 686.77 feet and a chord bearing S 16°36'52" W, a
400	400	distance of 674.82 feet to a 1/2-inch capped iron pipe stamped
401	401	"Kalkomey" found for tangency;
402	402	(30) THENCE, South 01°56'48" East, a distance of 316.86
403	403	feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for a
404	404	point of curvature;
405	405	(31) THENCE, along the arc of a curve to the left
406	406	having a radius of 1,060.00 feet, a central angle of 21°41'29", an
407	407	arc length of 401.30 feet and a chord bearing S 12°47'32" E, a
408	408	distance of 398.91 feet to a 1/2-inch capped iron pipe stamped
409	409	"Kalkomey" found for tangency;
410	410	(32) THENCE, South 23°38'17" East, a distance of
411	411	1,025.45 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
412	412	found for a point of curvature;
413	413	(33) THENCE, along the arc of a curve to the right
414	414	having a radius of 1,340.00 feet, a central angle of 21°55'53", an
415	415	arc length of 512.92 feet and a chord bearing S 12°40'20" E, a
416	416	distance of 509.79 feet to a 1/2-inch capped iron pipe stamped
417	417	"Kalkomey" found for tangency;
418	418	(34) THENCE, South 01°42'24" East, a distance of 210.70
419	419	feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for
420	420	corner in the northerly right-of-way line McAllister Road (based on
421	421	a width of 60 feet) and marking the most southerly southeast corner
422	422	of the herein described tract of land;
423	423	(35) THENCE, South 88°44'03" West, along the northerly
424	424	right-of-way line McAllister Road for a distance of 788.13 feet to a
425	425	5/8-inch iron rod found marking the southwest corner of the herein
426	426	described tract of land;
427	427	(36) THENCE, North 01°56'48" West, a distance of
428	428	3,003.45 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
429	429	found for corner in the current City Limits of the City of Katy;
430	430	(37) THENCE, North 01°51'45" West, a distance of
431	431	1,332.39 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
432	432	found marking the most westerly northwest corner of the herein
433	433	described tract of land;
434	434	(38) THENCE, North 87°56'49" East, a distance of 462.00
435	435	feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for
436	436	corner;
437	437	(39) THENCE, North 01°51'45" West, a distance of
438	438	1,287.00 feet to a point marking the most northerly northwest
439	439	corner of the herein described tract of land in the southerly
440	440	right-of-way line of Franz Road, being the current
441	441	extraterritorial jurisdiction line (ETJ) agreed to between the
442	442	City of Houston and the City of Katy;
443	443	(40) THENCE, North 87°56'49" East, along the southerly
444	444	right-of-way line of Franz Road, being the current extraterritorial
445	445	jurisdiction line (ETJ) agreed to between the City of Houston and
446	446	the City of Katy, for a distance of 2,170.11 feet to the POINT OF
447	447	BEGINNING and containing 310.04 acres of land and when all of the
448	448	above described tracts of land are compiled, they have a combined
449	449	total area of 448.64 acres of land. This description has been
450	450	prepared in conjunction with a map of equal date.
451	451	SECTION 3. (a) The legal notice of the intention to
452	452	introduce this Act, setting forth the general substance of this
453	453	Act, has been published as provided by law, and the notice and a
454	454	copy of this Act have been furnished to all persons, agencies,
455	455	officials, or entities to which they are required to be furnished
456	456	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
457	457	Government Code.
458	458	(b) The governor, one of the required recipients, has
459	459	submitted the notice and Act to the Texas Commission on
460	460	Environmental Quality.
461	461	(c) The Texas Commission on Environmental Quality has filed
462	462	its recommendations relating to this Act with the governor, the
463	463	lieutenant governor, and the speaker of the house of
464	464	representatives within the required time.
465	465	(d) All requirements of the constitution and laws of this
466	466	state and the rules and procedures of the legislature with respect
467	467	to the notice, introduction, and passage of this Act are fulfilled
468	468	and accomplished.
469	469	SECTION 4. (a) If this Act does not receive a two-thirds
470	470	vote of all the members elected to each house, Subchapter C, Chapter
471	471	8431, Special District Local Laws Code, as added by Section 1 of
472	472	this Act, is amended by adding Section 8431.106 to read as follows:
473	473	Sec. 8431.106. NO EMINENT DOMAIN POWER. The district may
474	474	not exercise the power of eminent domain.
475	475	(b) This section is not intended to be an expression of a
476	476	legislative interpretation of the requirements of Subsection (c),
477	477	Section 17, Article I, Texas Constitution.
478	478	SECTION 5. This Act takes effect immediately if it receives
479	479	a vote of two-thirds of all the members elected to each house, as
480	480	provided by Section 39, Article III, Texas Constitution. If this
481	481	Act does not receive the vote necessary for immediate effect, this
482	482	Act takes effect September 1, 2013.