1 | 1 | | 84R12246 AAF-D |
---|
2 | 2 | | By: Schofield H.B. No. 4161 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the creation of the Harris County Municipal Utility |
---|
8 | 8 | | District No. 538; granting a limited power of eminent domain; |
---|
9 | 9 | | providing authority to issue bonds; providing authority to impose |
---|
10 | 10 | | assessments, fees, and taxes. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
---|
13 | 13 | | Code, is amended by adding Chapter 7903 to read as follows: |
---|
14 | 14 | | CHAPTER 7903. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 538 |
---|
15 | 15 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
16 | 16 | | Sec. 7903.001. 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 County Municipal |
---|
22 | 22 | | Utility District No. 538. |
---|
23 | 23 | | Sec. 7903.002. 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. 7903.003. 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. 7903.004. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
31 | 31 | | temporary directors may not hold an election under Section 7903.003 |
---|
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. 7903.005. 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. 7903.006. 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. 7903.051. 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 7903.052, directors serve |
---|
62 | 62 | | staggered four-year terms. |
---|
63 | 63 | | Sec. 7903.052. TEMPORARY DIRECTORS. (a) The temporary |
---|
64 | 64 | | board consists of: |
---|
65 | 65 | | (1) Garner P. Strickland, IV; |
---|
66 | 66 | | (2) Cameron Franz; |
---|
67 | 67 | | (3) Jacob Baker; |
---|
68 | 68 | | (4) Andrew J. Clark, IV; and |
---|
69 | 69 | | (5) William R. Murphy, Jr. |
---|
70 | 70 | | (b) Temporary directors serve until the earlier of: |
---|
71 | 71 | | (1) the date permanent directors are elected under |
---|
72 | 72 | | Section 7903.003; 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 7903.003 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 7903.003; 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. 7903.101. 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. 7903.102. 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. 7903.103. 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. 7903.104. 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. 7903.105. 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. 7903.151. ELECTIONS REGARDING TAXES OR BONDS. (a) |
---|
127 | 127 | | 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 7903.153. |
---|
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. 7903.152. OPERATION AND MAINTENANCE TAX. (a) If |
---|
140 | 140 | | authorized at an election held under Section 7903.151, 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. 7903.153. 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. 7903.201. 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. 7903.202. 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. 7903.203. 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 County Municipal Utility District |
---|
173 | 173 | | No. 538 initially includes all the territory contained in the |
---|
174 | 174 | | following area: |
---|
175 | 175 | | A METES & BOUNDS description of a 395.96 acre tract of land in |
---|
176 | 176 | | the William Salyars Survey, Abstract 1532, and the H. & T. C. |
---|
177 | 177 | | Railroad Company Survey Section 59, Abstract 444, Harris County, |
---|
178 | 178 | | Texas, being comprised of that certain called 80.031 acre tract and |
---|
179 | 179 | | the residue of that certain called 159.912 acre tract and recorded |
---|
180 | 180 | | under County Clerk's File Number Z418073, Official Public Records |
---|
181 | 181 | | of Real Property, Harris County, Texas, and that certain called |
---|
182 | 182 | | 157.727 acre tract recorded under County Clerk's File Number |
---|
183 | 183 | | 20140061554, Official Public Records of Real Property, Harris |
---|
184 | 184 | | County, Texas with all bearings based upon the south line of said |
---|
185 | 185 | | called 157.727 acre tract as being South 87 degrees 53 minutes 07 |
---|
186 | 186 | | seconds West (called South 87 degrees 53 minutes 07 seconds West). |
---|
187 | 187 | | Beginning at the southwest corner of said H. & T. C. Railroad |
---|
188 | 188 | | Company Survey Section 59, Abstract 444, being the northwest corner |
---|
189 | 189 | | of the Lafayette Shirar Survey, Abstract 1489, the northeast corner |
---|
190 | 190 | | of the H. & T. C. Railroad Company Survey Section 67, Abstract 453, |
---|
191 | 191 | | and the southeast corner of the Chancey Lowery Survey, Abstract |
---|
192 | 192 | | 1551, said point also being the southwest corner of said called |
---|
193 | 193 | | 80.031 acre tract, same being the northwest corner of an adjoining |
---|
194 | 194 | | called 14 acre tract described in deed recorded in Volume 2936, Page |
---|
195 | 195 | | 109, Deed Records, Harris County, Texas, the northeast corner of an |
---|
196 | 196 | | adjoining called 125 acre tract described in deed recorded under |
---|
197 | 197 | | County Clerk's File Number H729514, Official Public Records of Real |
---|
198 | 198 | | Property, Harris County, Texas, and the southeast corner of an |
---|
199 | 199 | | adjoining residue of a called 80.2830 acre tract described in deed |
---|
200 | 200 | | recorded under County Clerk's File Number P705419, Official Public |
---|
201 | 201 | | Records of Real Property, Harris County, Texas, for the upper |
---|
202 | 202 | | southwest corner and Place of Beginning of the herein described |
---|
203 | 203 | | 395.96 acre tract of land, said point also being at the intersection |
---|
204 | 204 | | of Katy Hockley Cut-Off Road (60-feet wide) with Beckendorff Road |
---|
205 | 205 | | (60-feet wide); |
---|
206 | 206 | | Thence North 02 degrees 06 minutes 27 seconds West along a |
---|
207 | 207 | | west line of the herein described tract, the west line of said |
---|
208 | 208 | | called 80.031 acre tract, and the west line of said H. & T. C. |
---|
209 | 209 | | Railroad Company Survey Section 59, Abstract 444, same being the |
---|
210 | 210 | | east line of said adjoining residue of a called 80.2830 acre tract, |
---|
211 | 211 | | the east line of said Chancey Lowery Survey, Abstract 1551, and |
---|
212 | 212 | | along the east line of an adjoining called 1.2638 acre tract |
---|
213 | 213 | | recorded under County Clerk's File Number V036128, Official Public |
---|
214 | 214 | | Records of Real Property, Harris County, Texas, as located in Katy |
---|
215 | 215 | | Hockley Cut-Off Road, 1,321.69 feet to the lower northwest corner |
---|
216 | 216 | | of the herein described tract and the northwest corner of said |
---|
217 | 217 | | called 80.031 acre tract; |
---|
218 | 218 | | Thence North 87 degrees 54 minutes 05 seconds East along a |
---|
219 | 219 | | north line of the herein described tract and the north line of said |
---|
220 | 220 | | called 80.031 acre tract, same being the south line of the adjoining |
---|
221 | 221 | | Hidden Forest Estates Subdivision according to map or plat thereof |
---|
222 | 222 | | recorded in Volume 410, Page 35, Map Records, Harris County, Texas, |
---|
223 | 223 | | 2,639.09 feet to a reentry corner to the herein described tract, |
---|
224 | 224 | | being the northeast corner of said called 80.031 acre tract, same |
---|
225 | 225 | | being the southeast corner of said adjoining Hidden Forest Estates |
---|
226 | 226 | | Subdivision, and being in the west line of said called 157.727 acre |
---|
227 | 227 | | tract; |
---|
228 | 228 | | Thence North 02 degrees 04 minutes 34 seconds West along the |
---|
229 | 229 | | upper west line of the herein described tract and the west line of |
---|
230 | 230 | | said called 157.727 acre tract, same being the east line of said |
---|
231 | 231 | | adjoining Hidden Forest Estates Subdivision, 1,314.42 feet to the |
---|
232 | 232 | | northeast corner of said adjoining Hidden Forest Estates |
---|
233 | 233 | | Subdivision for angle point, being the southeast corner of an |
---|
234 | 234 | | adjoining called 54.245 acre tract recorded under County Clerk's |
---|
235 | 235 | | File Number J047965, Official Public Records of Real Property, |
---|
236 | 236 | | Harris County, Texas; |
---|
237 | 237 | | Thence North 02 degrees 22 minutes 20 seconds West continuing |
---|
238 | 238 | | along the upper west line of the herein described tract and the west |
---|
239 | 239 | | line of said called 157.727 acre tract, 2,590.05 feet to the upper |
---|
240 | 240 | | northwest corner of the herein described tract and the northwest |
---|
241 | 241 | | corner of said called 157.727 acre tract, same being the northeast |
---|
242 | 242 | | corner of an adjoining called 100.000 acre tract recorded under |
---|
243 | 243 | | County Clerk's File Number H541658, Official Public Records of Real |
---|
244 | 244 | | Property, Harris County, Texas, said point being in the south |
---|
245 | 245 | | right-of-way line of F. M. Highway 529 (120-feet wide); |
---|
246 | 246 | | Thence North 87 degrees 54 minutes 43 seconds East along the |
---|
247 | 247 | | upper north line of the herein described tract and the north line of |
---|
248 | 248 | | said called 157.727 acre tract, same being the south right-of-way |
---|
249 | 249 | | line of F. M. Highway 529, 678.60 feet to an angle point; |
---|
250 | 250 | | Thence North 88 degrees 19 minutes 43 seconds East continuing |
---|
251 | 251 | | along said line, 645.41 feet to the upper northeast corner of the |
---|
252 | 252 | | herein described tract and the northeast corner of said called |
---|
253 | 253 | | 157.727 acre tract, same being the northwest corner of an adjoining |
---|
254 | 254 | | called 158.039 acre tract recorded under County Clerk's File Number |
---|
255 | 255 | | W268492, Official Public Records of Real Property, Harris County, |
---|
256 | 256 | | Texas; |
---|
257 | 257 | | Thence South 02 degrees 06 minutes 31 seconds East along the |
---|
258 | 258 | | upper east line of the herein described tract and the east line of |
---|
259 | 259 | | said called 157.727 acre tract, same being the west line of said |
---|
260 | 260 | | adjoining called 158.039 acre tract, 5,219.35 feet to a reentry |
---|
261 | 261 | | corner to the herein described tract, being the southeast corner of |
---|
262 | 262 | | said called 157.727 acre tract, same being the southwest corner of |
---|
263 | 263 | | said adjoining called 158.039 acre tract, and being in the south |
---|
264 | 264 | | line of said H. & T. C. Railroad Company Survey Section 59, Abstract |
---|
265 | 265 | | 444, same being the north line of the aforementioned William |
---|
266 | 266 | | Salyars Survey, Abstract 1532, and the north line of the |
---|
267 | 267 | | aforementioned called 159.912 acre tract; |
---|
268 | 268 | | Thence North 87 degrees 53 minutes 06 seconds East along the |
---|
269 | 269 | | lower north line of the herein described tract, the north line of |
---|
270 | 270 | | said called 159.912 acre tract, and the north line of said William |
---|
271 | 271 | | Salyars Survey, Abstract 1532, same being the south line of said H. & |
---|
272 | 272 | | T. C. Railroad Company Survey Section 59, Abstract 444, and the |
---|
273 | 273 | | south line of said adjoining called 158.039 acre tract, 1,326.98 |
---|
274 | 274 | | feet to the lower northeast corner of the herein described tract, |
---|
275 | 275 | | the northeast corner of said called 159.912 acre tract, and the |
---|
276 | 276 | | northeast corner of said William Salyars Survey, Abstract 1532, |
---|
277 | 277 | | being the southeast corner of said H. & T. C. Railroad Company |
---|
278 | 278 | | Survey Section 59, Abstract 444, and the southeast corner of said |
---|
279 | 279 | | adjoining called 158.039 acre tract, same being the southwest |
---|
280 | 280 | | corner of the A. R. Connell Survey, Abstract 1387, and the southwest |
---|
281 | 281 | | corner of an adjoining called 640 acre tract (Tract Three) recorded |
---|
282 | 282 | | under County Clerk's File Number J796831, Official Public Records |
---|
283 | 283 | | of Real Property, Harris County, Texas, and being the northwest |
---|
284 | 284 | | corner of the H. & T. C. Railroad Company Survey Section 47, |
---|
285 | 285 | | Abstract 440, and the northwest corner of an adjoining called |
---|
286 | 286 | | 73.8972 acre tract described in deed recorded under County Clerk's |
---|
287 | 287 | | File Number R710831, Official Public Records of Real Property, |
---|
288 | 288 | | Harris County, Texas; |
---|
289 | 289 | | Thence South 02 degrees 10 minutes 48 seconds East along the |
---|
290 | 290 | | lower east line of the herein described tract, the east line of said |
---|
291 | 291 | | called 159.912 acre tract, and the east line of said William Salyars |
---|
292 | 292 | | Survey, Abstract 1532, same being the west line of said adjoining H. & |
---|
293 | 293 | | T. C. Railroad Company Survey Section 47, Abstract 440, 2,640.00 |
---|
294 | 294 | | feet to the southeast corner of the herein described tract and the |
---|
295 | 295 | | southeast corner of said called 159.912 acre tract, same being the |
---|
296 | 296 | | northeast corner of an adjoining called 320.1964 acre tract |
---|
297 | 297 | | recorded under County Clerk's File Number 20060134384, Official |
---|
298 | 298 | | Public Records of Real Property, Harris County, Texas, and being in |
---|
299 | 299 | | the west line of an adjoining called 4.8079 acre tract recorded |
---|
300 | 300 | | under County Clerk's File Number 20070428121, Official Public |
---|
301 | 301 | | Records of Real Property, Harris County, Texas; |
---|
302 | 302 | | Thence South 87 degrees 53 minutes 00 seconds West along the |
---|
303 | 303 | | lower south line of the herein described tract and the south line of |
---|
304 | 304 | | said called 159.912 acre tract, same being the north line of said |
---|
305 | 305 | | adjoining called 320.1964 acre tract, 16.01 feet to a point for |
---|
306 | 306 | | corner, said point being the southeast corner of an adjoining |
---|
307 | 307 | | called 1.700 acre tract recorded under County Clerk's File Number |
---|
308 | 308 | | 20140251357, Official Public Records of Real Property, Harris |
---|
309 | 309 | | County, Texas, said point in a non-tangent curve to the left; |
---|
310 | 310 | | Thence along the common line of the herein described tract |
---|
311 | 311 | | and said adjoining called 1.700 acre tract with the following |
---|
312 | 312 | | courses and distances: |
---|
313 | 313 | | Thence along said non-tangent curve to the left, having |
---|
314 | 314 | | a radius of 150.00 feet, a central angle of 22 degrees 26 minutes 42 |
---|
315 | 315 | | seconds, an arc length of 58.76 feet, and a chord bearing North 31 |
---|
316 | 316 | | degrees 49 minutes 43 seconds West, 58.39 feet to a point in a |
---|
317 | 317 | | non-tangent curve to the left; |
---|
318 | 318 | | Thence along said non-tangent curve to the left, having |
---|
319 | 319 | | a radius of 150.00 feet, a central angle of 50 degrees 43 minutes 56 |
---|
320 | 320 | | seconds, an arc length of 132.82 feet, and a chord bearing North 57 |
---|
321 | 321 | | degrees 44 minutes 32 seconds West, 128.52 feet; |
---|
322 | 322 | | Thence North 42 degrees 33 minutes 53 seconds East, |
---|
323 | 323 | | 88.87 feet; |
---|
324 | 324 | | Thence North 47 degrees 26 minutes 07 seconds West, |
---|
325 | 325 | | 66.25 feet; |
---|
326 | 326 | | Thence South 20 degrees 37 minutes 06 seconds West, |
---|
327 | 327 | | 51.23 feet to the beginning point of a curve to the right; |
---|
328 | 328 | | Thence along said curve to the right, having a radius of |
---|
329 | 329 | | 95.00 feet, a central angle of 80 degrees 09 minutes 28 seconds, an |
---|
330 | 330 | | arc length of 132.91 feet, and a chord bearing South 60 degrees 41 |
---|
331 | 331 | | minutes 44 seconds West, 122.33 feet; |
---|
332 | 332 | | Thence North 79 degrees 13 minutes 39 seconds West, |
---|
333 | 333 | | 81.88 feet; |
---|
334 | 334 | | Thence South 60 degrees 56 minutes 12 seconds West, |
---|
335 | 335 | | 161.46 feet; |
---|
336 | 336 | | Thence South 87 degrees 53 minutes 00 seconds West, |
---|
337 | 337 | | 212.00 feet; |
---|
338 | 338 | | Thence South 02 degrees 07 minutes 00 seconds East, |
---|
339 | 339 | | 75.00 feet to a point for corner, said point being in the south line |
---|
340 | 340 | | of the aforementioned called 159.912 acre tract, same being the |
---|
341 | 341 | | north line of the aforementioned adjoining called 320.1964 acre |
---|
342 | 342 | | tract; |
---|
343 | 343 | | Thence South 87 degrees 53 minutes 00 seconds West along the |
---|
344 | 344 | | lower south line of the herein described tract and the south line of |
---|
345 | 345 | | said called 159.912 acre tract, same being the north line of said |
---|
346 | 346 | | adjoining called 320.1964 acre tract, 1,940.00 feet to the lower |
---|
347 | 347 | | southwest corner of the herein described tract and the southwest |
---|
348 | 348 | | corner of said called 159.912 acre tract, being an angle point in |
---|
349 | 349 | | the north line of said adjoining called 320.1964 acre tract, said |
---|
350 | 350 | | point also being the northeast corner of the S. Post Survey, |
---|
351 | 351 | | Abstract 1422, same being the southeast corner of an adjoining |
---|
352 | 352 | | called 17.00 acre tract described in deed recorded under County |
---|
353 | 353 | | Clerk's File Number S147734, Official Public Records of Real |
---|
354 | 354 | | Property, Harris County, Texas, and the southeast corner of the |
---|
355 | 355 | | aforementioned Lafayette Shirar Survey, Abstract 1489; |
---|
356 | 356 | | Thence North 02 degrees 02 minutes 01 seconds West along the |
---|
357 | 357 | | lower west line of the herein described tract, the west line of said |
---|
358 | 358 | | called 159.912 acre tract, and the west line of said William Salyars |
---|
359 | 359 | | Survey, Abstract 1532, same being the east line of said adjoining |
---|
360 | 360 | | called 17.00 acre tract and the east line of said Lafayette Shirar |
---|
361 | 361 | | Survey, Abstract 1489, 1,121.79 feet to an angle point, being the |
---|
362 | 362 | | northeast corner of an adjoining 17.00 acre tract described in deed |
---|
363 | 363 | | recorded under County Clerk's File Number X776653, Official Public |
---|
364 | 364 | | Records of Real Property, Harris County, Texas, same being the |
---|
365 | 365 | | southeast corner of an adjoining called 78 acre tract recorded |
---|
366 | 366 | | under County Clerk's File Number P955853, Official Public Records |
---|
367 | 367 | | of Real Property, Harris County, Texas; |
---|
368 | 368 | | Thence North 02 degrees 16 minutes 50 seconds West continuing |
---|
369 | 369 | | along the lower west line of the herein described tract, the west |
---|
370 | 370 | | line of said called 159.912 acre tract, and the west line of said |
---|
371 | 371 | | William Salyars Survey, Abstract 1532, same being the east line of |
---|
372 | 372 | | said adjoining called 78 acre tract and the east line of said |
---|
373 | 373 | | Lafayette Shirar Survey, Abstract 1489, 1,518.30 feet to a reentry |
---|
374 | 374 | | corner to the herein described tract, being the northwest corner of |
---|
375 | 375 | | said called 159.912 acre tract, the northeast corner of said |
---|
376 | 376 | | adjoining called 78 acre tract, the southeast corner of the |
---|
377 | 377 | | aforementioned called 80.031 acre tract, and the southwest corner |
---|
378 | 378 | | of the aforementioned called 157.727 acre tract, said point also |
---|
379 | 379 | | being the northwest corner of the William Salyars Survey, Abstract |
---|
380 | 380 | | 1532, same being the northeast corner of the said Lafayette Shirar |
---|
381 | 381 | | Survey, Abstract 1489, and being in the south line of the |
---|
382 | 382 | | aforementioned H. & T. C. Railroad Company Survey Section 59, |
---|
383 | 383 | | Abstract 444; |
---|
384 | 384 | | Thence South 87 degrees 52 minutes 10 seconds West along the |
---|
385 | 385 | | upper south line of the herein described tract, the south line of |
---|
386 | 386 | | said called 80.031 acre tract, and the south line of said H. & T. C. |
---|
387 | 387 | | Railroad Company Survey Section 59, Abstract 444, same being the |
---|
388 | 388 | | north line of said adjoining called 78 acre tract and the north line |
---|
389 | 389 | | of said Lafayette Shirar Survey, Abstract 1489, and along the north |
---|
390 | 390 | | line of the aforementioned adjoining called 14 acre tract, 2,639.13 |
---|
391 | 391 | | feet to the Place of Beginning and containing 395.96 acres of land, |
---|
392 | 392 | | more or less. |
---|
393 | 393 | | SECTION 3. (a) The legal notice of the intention to |
---|
394 | 394 | | introduce this Act, setting forth the general substance of this |
---|
395 | 395 | | Act, has been published as provided by law, and the notice and a |
---|
396 | 396 | | copy of this Act have been furnished to all persons, agencies, |
---|
397 | 397 | | officials, or entities to which they are required to be furnished |
---|
398 | 398 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
399 | 399 | | Government Code. |
---|
400 | 400 | | (b) The governor, one of the required recipients, has |
---|
401 | 401 | | submitted the notice and Act to the Texas Commission on |
---|
402 | 402 | | Environmental Quality. |
---|
403 | 403 | | (c) The Texas Commission on Environmental Quality has filed |
---|
404 | 404 | | its recommendations relating to this Act with the governor, the |
---|
405 | 405 | | lieutenant governor, and the speaker of the house of |
---|
406 | 406 | | representatives within the required time. |
---|
407 | 407 | | (d) All requirements of the constitution and laws of this |
---|
408 | 408 | | state and the rules and procedures of the legislature with respect |
---|
409 | 409 | | to the notice, introduction, and passage of this Act are fulfilled |
---|
410 | 410 | | and accomplished. |
---|
411 | 411 | | SECTION 4. (a) If this Act does not receive a two-thirds |
---|
412 | 412 | | vote of all the members elected to each house, Subchapter C, Chapter |
---|
413 | 413 | | 7903, Special District Local Laws Code, as added by Section 1 of |
---|
414 | 414 | | this Act, is amended by adding Section 7903.106 to read as follows: |
---|
415 | 415 | | Sec. 7903.106. NO EMINENT DOMAIN POWER. The district may |
---|
416 | 416 | | not exercise the power of eminent domain. |
---|
417 | 417 | | (b) This section is not intended to be an expression of a |
---|
418 | 418 | | legislative interpretation of the requirements of Section 17(c), |
---|
419 | 419 | | Article I, Texas Constitution. |
---|
420 | 420 | | SECTION 5. This Act takes effect immediately if it receives |
---|
421 | 421 | | a vote of two-thirds of all the members elected to each house, as |
---|
422 | 422 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
423 | 423 | | Act does not receive the vote necessary for immediate effect, this |
---|
424 | 424 | | Act takes effect September 1, 2015. |
---|