By: Reynolds (Senate Sponsor - Ellis) H.B. No. 4156
(In the Senate - Received from the House May 11, 2015;
May 13, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 24, 2015, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 4,
Nays 0; May 24, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4156 By: Bettencourt
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Missouri City Management District
No. 2; providing authority to issue bonds; providing authority to
impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3932 to read as follows:
CHAPTER 3932. MISSOURI CITY MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3932.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Missouri City.
(3) "County" means Fort Bend County.
(4) "Director" means a board member.
(5) "District" means the Missouri City Management
District No. 2.
Sec. 3932.002. NATURE OF DISTRICT. The Missouri City
Management District No. 2 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3932.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city, the
county, and other political subdivisions to contract with the
district, the legislature has established a program to accomplish
the public purposes set out in Section 52-a, Article III, Texas
Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant city or county services
provided in the district.
Sec. 3932.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3932.005. 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 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3932.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3932.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3932.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3932.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven voting directors who serve staggered
terms of four years, with three or four directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board if the board determines that the change is in
the best interest of the district. The board may not consist of
fewer than 5 or more than 11 voting directors.
Sec. 3932.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
and members of the governing body of the city shall appoint voting
directors from persons recommended by the board. A person is
appointed if a majority of the members of the governing body,
including the mayor, vote to appoint that person.
Sec. 3932.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3932.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3932.055. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3932.056. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 John A. Van De Wiele 1 John A. Van De Wiele
1 John A. Van De Wiele
2 Jim Brown 2 Jim Brown
2 Jim Brown
3 Jack McDonald 3 Jack McDonald
3 Jack McDonald
4 Charles L. Howell, Jr. 4 Charles L. Howell, Jr.
4 Charles L. Howell, Jr.
5 Dawn Hurd 5 Dawn Hurd
5 Dawn Hurd
6 Ivy Levingston 6 Ivy Levingston
6 Ivy Levingston
7 Bobby Merchant 7 Bobby Merchant
7 Bobby Merchant
(b) Of the initial directors, the terms of directors
appointed for positions one through four expire June 1, 2019, and
the terms of directors appointed for positions five through seven
expire June 1, 2017.
(c) Section 3932.052 does not apply to this section.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3932.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3932.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3932.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3932.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3932.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift or grant from any person. The
district shall promptly notify the city of any gift or grant
accepted by the district.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3932.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3932.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3932.108. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3932.109. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3932.110. APPROVAL BY CITY. (a) Except as provided
by Subsection (c), the district must obtain the approval of the city
for:
(1) the issuance of bonds;
(2) the plans and specifications of an improvement
project financed by bonds; and
(3) the plans and specifications of an improvement
project related to the use of land owned by the city, an easement
granted to or by the city, or a right-of-way of a street, road, or
highway.
(b) The district may not issue bonds until the governing
body of the city adopts a resolution or ordinance authorizing the
issuance of the bonds.
(c) If the district obtains the approval of the city's
governing body of a capital improvements budget for a period not to
exceed five years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the city.
(d) The governing body of the city:
(1) is not required to adopt a resolution or ordinance
to approve plans and specifications described by Subsection (a);
and
(2) may establish an administrative process to approve
plans and specifications described by Subsection (a) without the
involvement of the governing body.
Sec. 3932.111. CONSENT OF CITY REQUIRED. The district may
not take any of the following actions until the city has consented
by ordinance or resolution to the creation of the district and to
the inclusion of land in the district:
(1) hold an election under Subchapter L, Chapter 375,
Local Government Code;
(2) impose an ad valorem tax;
(3) impose an assessment;
(4) issue bonds; or
(5) enter into an agreement to reimburse the costs of
facilities.
Sec. 3932.112. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3932.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3932.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3932.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3932.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3932.201. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3932.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3932.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3932.201, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3932.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3932.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3932.205. 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 annual ad valorem tax, without limit as to rate or amount,
for each year that 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. 3932.206. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city is not required to pay a bond, note, or
other obligation of the district.
SECTION 2. The Missouri City Management District No. 2
initially includes all territory contained in the following area:
TRACT 1
BEING a 152.586 acre tract situated in the Elijah Roark
League Survey, Abstract 77, Fort Bend County, Texas same being
Tract 11A of Olympia Estates. Said 152.586 acre tract being more
particularly described by metes and bounds as follows (all bearings
are referenced to the Texas Coordinate System, South Central Zone
(nad83):
BEGINNING at a 5/8-inch iron rod with cap stamped "COTTON"
found for the intersection of the northwest line of a 80-foot wide H
L & P Fee Strip recorded in Volume 495, Page 659, Fort Bend County
Deed Records (FBCDR) and the east boundary line of Olympia Estates;
THENCE, South 19'38'12", West, 2339.12 feet along said
northwest line of the 80-foot wide H L & P Fee Strip to the
centerline of a Proposed 80-foot wide Collector Road;
THENCE, along the centerline of said Collector Road, THE
FOLLOWING:
273.94 feet along the arc of the curve to the left
having a radius of 800.00 feet, a central angle of 19'37'11"
and chord which bears North 23"17"47' West, 272.61 feet to a
point of tangency,
North 33'06'22' West, 519.69 feet to a point of
curvature;
1008.22 feet along the arc of a curve to the right
having a radius of 2010.00 fee, a central angle of 28'44'23"
and a chord which bears North 18'44'11" West, 997.68 feet to a
point of tangency;
North 04'21'59" West, 330.66 feet to a point of
curvature;
708.67 feet along the arc of a curve to the right,
having a radius of 2010.00 feet a central angle of 20'12'03"
and a chord which bears North 05'44'02" East, 705.00 feet to a
point of tangency;
North 15'50'03" East, 178.96 feet to a point of
curvature;
687.32 feet along the arc of a curve to left, having a
radius of 1190.00 feet, a central angle of 33'05'34", and a
chord which bears North 00'42'43" West, 677.80 feet to a point
of tangency;
North 17'15'30" West, 130.28 feet to a point of
curvature;
890.16 feet along the arc of a curve to the right having
a radius of 3010.00 feet a central angle of 16'56'39" and a
chord which bears North 08'47'10" West, 886.92 feet to a point
of tangency;
North 00'18'51" West, 793.93 feet to a point for corner
in the north line of Senior Road (variable width Roadway
Easement) as recorded in Volume 446, page 42 and Volume 446,
page 49 FBCDR;
THENCE, South 89'54'41" East, 1606.62 feet to the east
boundary line of Olympia Estates;
THENCE, South 00'17'18" West, 3100.93 feet to the POINT OF
BEGINNING and containing a computed area of 152.586 acres
(6,646,629 square feet) of land.
TRACT 2
BEING a 116.302 acre tract situated in the Cochran and
McCluer Survey, Abstract 191, Fort Bend County, Texas. Said
116.302 acre tract being more particularly described by metes and
bounds as follows, (all bearings are referenced to the Texas
Coordinate System, South Central Zone (NAD83):
BEGINNING at a 1/2-inch iron rod set for the southwest corner
of said 116.302 acre tract, same also being east R.O.W. corner of a
Proposed Fort Bend County Toll Road with a variable R. O. W. width;
THENCE, Northwesterly along west property line, same also
being the east R.O.W. line of said Proposed Fort Bend County Toll
Road, with a curve to the left, having a radius of 5,879,60 feet on
arc length of 4,992.03' a chord bearing of N00'20'03"W, and a chord
length of 4752.91' to a point of tangency;
THENCE, N 24'10'28" W, continuing along west property line, a
distance of 807.08 feet to an angle point;
THENCE, N 11'34'52" W, continuing along west property line, a
distance of 68'96 feet to a point of curvature;
THENCE Northwesterly, continuing along west property line,
with a curve to the left, having a radius of 1,453.39 feet, an arc
length of 319.45', a chord bearing of N 17'52'40"W, a chord length of
318.81 feet to a point of tangency;
THENCE, N 24'10'28" W, continuing along west property line, a
distance of 289.05 feet to an angle point;
THENCE, N 23'37'13" W, continuing along west property line, a
distance of 106.91 feet to an angle point;
THENCE, N 38'55'39" E, continuing along west property line, a
distance of 61.27 feet to an angle point;
THENCE, N 00'04'56" E, continuing along west property line, a
distance of 98.12 feet to an angle point;
THENCE, N 89'55'04" W, continuing along west property line, a
distance of 15.22 feet to an angle point;
THENCE, N 53'23'49" W, continuing along west property line, a
distance of 9/98 feet to a point marking the northwest corner and
the north property line of said 116.302 acre tract;
THENCE, S, 89'54'41" E, along north property line, a distance
of 1,300.91 feet to an angle point marking the northeast corner of
said 116.302 acre tract;
THENCE, S. 00'18'51" E, along east property line, a distance
of 793.93 feet to a point of curvature;
THENCE, Southeasterly, continuing along east property line,
with a curve to the left, having a radius of 3,010.00 feet an arc
length of 890.16', a chord bearing of S 08'47'10" E and a chord
length of 886.92 feet to a point of tangency;
THENCE, S 17'15'30" E, continuing along east property line, a
distance of 130.28 feet to a point of curvature;
THENCE, Southeasterly, continuing along east property line,
with a curve to the right, having a radius of 1,190.00 feet, an arch
length of 687.32, a chord bearing of S 00'42'43" E, and a chord
length of 677.80 feet to a point of tangency;
THENCE, S 15'50'03" W, continuing along east property line, a
distance of 178.96 feet to a point of curvature;
THENCE, Southwesterly, continuing along east property line,
with a curve to the right, having a radius of 2010.00 feet, and an
arc length of 708.66 feet, a chord bearing of S 05'44'02" W, a chord
length of 705.00 feet to a point of tangency;
THENCE, S 04'21'59" E, continuing along east property line, a
distance of 330.66 feet to appoint of curvature;
THENCE, Southeasterly, continuing along the east property
line, with a curve to the left, having a radius of 2010.00 feet and
an arc length of 1008.22 feet a chord bearing of S 18'44'11" E, a
chord length of 997.68 feet to a point of tangency;
THENCE, S 33'06'22" E, continuing along east property line, a
distance of 519.69 feet to a point of curvature;
THENCE, Southeasterly, continuing along eh east property
line, with a curve to the right, having a radius of 800.00 feet, and
an arc length of 273.94 feet, a chord bearing of S 23'17'47" E, a
chord length of 272.71 feet to an angle point;
THENCE, S 19'38'12" W, along the east property line, a
distance of 1188.58 feet to an angle point marking the southeast
corner of said 116.302 acre tract;
THENCE, S 89'06'43" W, along the south property line, a
distance of 257.43 feet to a point of curvature;
THENCE, Westerly, continuing along the south property line,
with a curve to the left, having a radius of 117130.73 feet, and an
arc length of 118.10 feet, a chord bearing of S 89'18'33" W, a chord
length of 118.10 feet to a point of tangency;
THENCE, S 89'30'22" W, continuing along south property line,
a distance of 40.75 feet to an angle point;
THENCE, N 86'20'48" W, continuing along south property line,
a distance of 401.05 feet to an angle point;
THENCE, N 82'48'17" W, continuing along south property line,
a distance of 276.38 feet to the POINT OF BEGINNING and containing
116.302 acres and 5,066,122.07 square feet;
TRACT 3
OF 38.4163 acres or 1,678.415 Square Feet of land being part
of the remainder of that certain 80 acres tract of land, conveyed to
HERMANN HEALTH CARE SYSTEM, Inc. by a deed recorded under Clerk's
File No. 9774265, of the Fort Bend County Deed Records (F.B.C.D.R.)
lying in the ELIJAH ROARK LEAGUE Survey, Abstract No. 77, in Fort
Bend County, Texas, said 38.4163 Acre tract is more particularly
described by metes and bounds as follows:
BEGINNING at the North Right-of-Way of Trammel-Fresno Road,
(A variable Width Right-of Way as monument and occupied), at the
Southwest corner of that certain 961.03 acre tract of land conveyed
to TEAL RUN, LTD & TEAL RUN No. 2, LTD BY A DEED RECORDED UNDER
Volume 1923, Page 968, F.B.C.D.R., from which a 5/8 inch iron rod
with a Cotton Cap found North, 1.98 feet and west, 0.39 feet;
THENCE South 84 deg. 17 min. 58 sec. West , along the North
Right-of-Way of said Trammel-Fresno Road, a distance of 380.11 feet
to a point for corner, from which a 5/8 inch iron rod was found North
0.15 feet and East 0.14 feet;
THENCE South 89 deg. 08 min. 32 sec. West along the North
Right-of-Way of said Trammel- Fresno Road, a distance of 711.97
feet to a 5/8 inch iron rod found at a point for corner at the
Southeast corner of that certain 6.269 acre tract of land conveyed
to HOUSTON LIGHTING AND POWER Co. by a deed reordered under Volume
495, Page 659, F.B.C.D.R.;
THENCE North 19 deg. 38 min. 12 sec. East along the Southeast
line of said 6.269 acre tract of land, a distance of 3289.59 feet to
a point for corner, from which a 5/8 inch iron rod with a Cotton Cap
was found North, 0.08 feet;
THENCE South 00 deg. 17 min. 18 sec. West along the West line
of said 961.03 acre tract of land a distance of 3049.90 feet to the
POINT OF BEGINNING, containing within these calls 38.4163 acres or
1,673,415 Square Feet of land as depicted on sheet 4 of 4 of a plat
prepared by Donald K. Hall, R.P.L.S. No. 4070, dated November 20,
2000, revised February 13, 2001, and June 28, 2001.
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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
* * * * *
Pos. No. Name of Director
1 John A. Van De Wiele
2 Jim Brown
3 Jack McDonald
4 Charles L. Howell, Jr.
5 Dawn Hurd
6 Ivy Levingston
7 Bobby Merchant