Texas 2015 - 84th Regular

Texas Senate Bill SB2036 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Kolkhorst S.B. No. 2036
2	2	(In the Senate - Filed April 7, 2015; April 7, 2015, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 29, 2015, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; April 29, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Fort Bend County Municipal Utility
12	12	District No. 218; granting a limited power of eminent domain;
13	13	providing authority to issue bonds; providing authority to impose
14	14	assessments, fees, and taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 7927 to read as follows:
18	18	CHAPTER 7927. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 218
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 7927.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Fort Bend County Municipal
26	26	Utility District No. 218.
27	27	Sec. 7927.002. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 7927.003. CONFIRMATION AND DIRECTORS' ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 7927.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 7927.003
36	36	until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the creation of the
39	39	district and to the inclusion of land in the district.
40	40	Sec. 7927.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 7927.006. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 7927.051. GOVERNING BODY; TERMS. (a) The district is
64	64	governed by a board of five elected directors.
65	65	(b) Except as provided by Section 7927.052, directors serve
66	66	staggered four-year terms.
67	67	Sec. 7927.052. TEMPORARY DIRECTORS. (a) On or after
68	68	September 1, 2015, the owner or owners of a majority of the assessed
69	69	value of the real property in the district may submit a petition to
70	70	the commission requesting that the commission appoint as temporary
71	71	directors the five persons named in the petition. The commission
72	72	shall appoint as temporary directors the five persons named in the
73	73	petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 7927.003; or
77	77	(2) September 1, 2019.
78	78	(c) If permanent directors have not been elected under
79	79	Section 7927.003 and the terms of the temporary directors have
80	80	expired, successor temporary directors shall be appointed or
81	81	reappointed as provided by Subsection (d) to serve terms that
82	82	expire on the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 7927.003; or
85	85	(2) the fourth anniversary of the date of the
86	86	appointment or reappointment.
87	87	(d) If Subsection (c) applies, the owner or owners of a
88	88	majority of the assessed value of the real property in the district
89	89	may submit a petition to the commission requesting that the
90	90	commission appoint as successor temporary directors the five
91	91	persons named in the petition. The commission shall appoint as
92	92	successor temporary directors the five persons named in the
93	93	petition.
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 7927.101. GENERAL POWERS AND DUTIES. The district has
96	96	the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 7927.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	99	DUTIES. The district has the powers and duties provided by the
100	100	general law of this state, including Chapters 49 and 54, Water Code,
101	101	applicable to municipal utility districts created under Section 59,
102	102	Article XVI, Texas Constitution.
103	103	Sec. 7927.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104	104	52, Article III, Texas Constitution, the district may design,
105	105	acquire, construct, finance, issue bonds for, improve, operate,
106	106	maintain, and convey to this state, a county, or a municipality for
107	107	operation and maintenance macadamized, graveled, or paved roads, or
108	108	improvements, including storm drainage, in aid of those roads.
109	109	Sec. 7927.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
110	110	road project must meet all applicable construction standards,
111	111	zoning and subdivision requirements, and regulations of each
112	112	municipality in whose corporate limits or extraterritorial
113	113	jurisdiction the road project is located.
114	114	(b) If a road project is not located in the corporate limits
115	115	or extraterritorial jurisdiction of a municipality, the road
116	116	project must meet all applicable construction standards,
117	117	subdivision requirements, and regulations of each county in which
118	118	the road project is located.
119	119	(c) If the state will maintain and operate the road, the
120	120	Texas Transportation Commission must approve the plans and
121	121	specifications of the road project.
122	122	Sec. 7927.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123	123	OR RESOLUTION. The district shall comply with all applicable
124	124	requirements of any ordinance or resolution that is adopted under
125	125	Section 54.016 or 54.0165, Water Code, and that consents to the
126	126	creation of the district or to the inclusion of land in the
127	127	district.
128	128	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
129	129	Sec. 7927.151. ELECTIONS REGARDING TAXES OR BONDS.
130	130	(a) The district may issue, without an election, bonds and other
131	131	obligations secured by:
132	132	(1) revenue other than ad valorem taxes; or
133	133	(2) contract payments described by Section 7927.153.
134	134	(b) The district must hold an election in the manner
135	135	provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	136	before the district may impose an ad valorem tax or issue bonds
137	137	payable from ad valorem taxes.
138	138	(c) The district may not issue bonds payable from ad valorem
139	139	taxes to finance a road project unless the issuance is approved by a
140	140	vote of a two-thirds majority of the district voters voting at an
141	141	election held for that purpose.
142	142	Sec. 7927.152. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 7927.151, the district
144	144	may impose an operation and maintenance tax on taxable property in
145	145	the district in accordance with Section 49.107, Water Code.
146	146	(b) The board shall determine the tax rate. The rate may not
147	147	exceed the rate approved at the election.
148	148	Sec. 7927.153. CONTRACT TAXES. (a) In accordance with
149	149	Section 49.108, Water Code, the district may impose a tax other than
150	150	an operation and maintenance tax and use the revenue derived from
151	151	the tax to make payments under a contract after the provisions of
152	152	the contract have been approved by a majority of the district voters
153	153	voting at an election held for that purpose.
154	154	(b) A contract approved by the district voters may contain a
155	155	provision stating that the contract may be modified or amended by
156	156	the board without further voter approval.
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 7927.201. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 7927.202. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 7927.203. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Fort Bend County Municipal Utility District
176	176	No. 218 initially includes all the territory contained in the
177	177	following area:
178	178	A 232.215 acre, or 10,115,268 square feet more or less tract of
179	179	land, being all of that 250 acre tract of land conveyed to Frank
180	180	Chalupa and described in a deed recorded in Volume 182, Page 194 of
181	181	the Deed Records of Fort Bend County, Texas, subsequently divided
182	182	into seven parcels and conveyed as follows: 41.58 acres conveyed to
183	183	Edwin G. Chalupa et al in a deed recorded in Volume 708, Page 5,
184	184	corrected in document recorded in Volume 753, Page 746, Deed
185	185	Records of Fort Bend County, Texas, subsequently conveyed to
186	186	Patrick B. Chalupa, Melissa K. Chalupa aka Melissa Chalupa Gonzalez
187	187	by deeds recorded in Document Numbers 9621563, 2007000110,
188	188	2007061950, 2014005282, and 2014005283 of the Official Public
189	189	Records of Fort Bend County, Texas; 41.58 acres conveyed to Robert
190	190	E. Chalupa et al by deed recorded in Volume 708, Page 9, corrected
191	191	in Document recorded in Volume 753, Page 746, Deed Records of Fort
192	192	Bend County, Texas; 41.58 acres conveyed to Bessie R. Polasek,
193	193	Jerry William Polasek and Bessie R. Polasek as Trustee for Jerry
194	194	Wayne Polasek, Michael Polasek and Deborah Renee Polasek, by deed
195	195	recorded in Volume 708, Page 16, corrected in document recorded in
196	196	Volume 753, Page 746, Deed Records of Fort Bend County, Texas, and
197	197	being the same tract subsequently conveyed to Michael Polasek,
198	198	Jerry Wayne Polasek and Deborah Renee Polasek Macha by deeds
199	199	recorded in Document Numbers 9468263, 9468264, 946826, 09468266,
200	200	9468267, 8468268, 9459082, 9469083, and 9469084 of the Official
201	201	Public Records of Fort Bend County, Texas; 41.58 acres conveyed to
202	202	Anastazie M. Stasney, et al by deed recorded in Volume 705, Page 1,
203	203	corrected in document recorded in Volume 753, Page 746, Deed
204	204	Records of Fort Bend County, Texas, and being the same tract
205	205	subsequently conveyed to Alan Wayne Stasney by deeds recorded in
206	206	Document Numbers 9504686, 2006162504, and 2013128230 of the
207	207	Official Public Records of Fort Bend County, Texas; 41.58 acres
208	208	conveyed to John J. Chalupa, Trustee for the benefit of Delores
209	209	Chalupa in accordance with the Frank and Amalie Chalupa Trust III,
210	210	by deed recorded in Volume 707, Page 932, corrected in document
211	211	recorded in Volume 753, Page 748, Deed Records of Fort Bend County,
212	212	Texas; 20.2239 acres being a portion of 41.58 acres conveyed to John
213	213	J. Chalupa by deed recorded in Volume 708 Page 13, corrected in
214	214	document recorded in Volume 753, Page 746, Deed Records of Fort Bend
215	215	County, Texas, and being the same tract of land conveyed by deed
216	216	recorded in Document Number 9468272, Official Public Records of
217	217	Fort Bend County, Texas, to Bessie Polasek and Anastazie Stasney,
218	218	Co-Trustees for Bessie Polasek pursuant to Testamentary Trust
219	219	created by the Last Will and Testament of John J. Chalupa, admitted
220	220	to probate on August 10, 1992, in Cause No. 12,545, in the Probate
221	221	Court of Fort Bend County, Texas; and 21.4413 acre portion of 41.58
222	222	acres conveyed to John J. Chalupa by deed recorded in Volume 708,
223	223	Page 13, corrected in document recorded in Volume 753, Page 746,
224	224	Deed Records of Fort Bend County, Texas, and being the same tract of
225	225	land conveyed by deed recorded in Document Number 9468271, Official
226	226	Public Records of Fort Bend County, Texas, to Bessie Polasek and
227	227	Anastazie Stasney, Co-Trustees for Anastazie Stasney pursuant to
228	228	Testamentary Trust created by the Last Will and Testament of John J.
229	229	Chalupa, admitted to probate on August 10, 1992, in Cause
230	230	No. 12,545, in the Probate Court of Fort Bend County, Texas, all
231	231	situated in the W. Lusk Survey, Abstract 276, and the E. Wheat
232	232	Survey, Abstract 396, partially in the City of Rosenberg and
233	233	partially in the Rosenberg Extra-Territorial Jurisdiction, Fort
234	234	Bend County, Texas. Said 232.215 acre tract of land being more fully
235	235	described as follows, with bearings based on the Texas State Plane
236	236	Coordinate System, established for the South Central Zone, from the
237	237	North American Datum of 1983(NA2011), epoch 2010.00:
238	238	BEGINNING: At a set 5/8 inch iron rod with yellow cap marked
239	239	"Pape Dawson" at the northwest corner of said 250 acre tract of land
240	240	described in Volume 182, Page 194 of the Deed Records of Fort Bend
241	241	County, Texas, also being the northwest corner of said 41.58 acres
242	242	conveyed to Edwin G. Chalupa et al in a deed recorded in Volume 708,
243	243	page 5 of the Deed Records of Fort Bend County, Texas, and the
244	244	northwest corner of a 0.476 acre right-of-way easement conveyed to
245	245	the State of Texas and described in Volume 522, Page 45 of the Deed
246	246	Records of Fort Bend County, Texas for Minonite Road (also known as
247	247	F.M. 2977), a 100-foot wide right-of-way as shown on the
248	248	right-of-way map prepared for the Texas Department of
249	249	Transportation under CSJ 3048-1-4, also being the southwest corner
250	250	of a 0.977 acre tract of land conveyed to NGR Texas Power LLC in a
251	251	document recorded in Clerk's File No. 2007089660 and described in
252	252	Clerk's File No. 2007019710 of the Official Public Records of Fort
253	253	Bend County, Texas, and the southwest corner of a 0.093 of an acre
254	254	right-of-way easement conveyed to the State of Texas for said
255	255	Minonite Road and described in Volume 522, Page 36 of the Deed
256	256	Records of Fort Bend County, Texas;
257	257	THENCE: S67°37'36"E, along and with the northeast line of
258	258	said 250 acre tract, the southwest line of said 0.977 acre tract,
259	259	passing the northeast corner of said 0.476 acre right-of-way
260	260	easement and southeast corner of said 0.093 acre right-of-way
261	261	easement at a distance of 9.00 feet, from which a found 3/4 inch
262	262	iron pipe bears N67°37'36"W, a distance of 0.28 feet, passing the
263	263	southeast corner of said 0.977 acre tract, the southwest corner of a
264	264	4.1687 acre tract of land conveyed to HV Asset, LLC and described in
265	265	Clerk's File No. 2014072568 of the Official Public Records Fort
266	266	Bend County, Texas, at an additional distance of 91.00 feet,
267	267	passing the southeast corner of said 4.1687 acre tract, the
268	268	southwest corner of a 27.550 acre tract of land conveyed to
269	269	Community Focus Foundation, A Texas Foundation and described in
270	270	Clerk's File No. 2013053843 of the Official Public Records of Fort
271	271	Bend County, Texas at an additional distance of 368.89 feet, from
272	272	which a found 3/4 inch iron pipe bears S22°22'24"W, a distance of
273	273	0.23 feet, passing the southeast corner of said 27.550 acre tract,
274	274	the southwest corner of a 16.313 acre tract of land conveyed to
275	275	Community Focus Foundation, a Texas Nonprofit Corporation in
276	276	Clerk's File No. 2013054877 of the Official Public Records of Fort
277	277	Bend County, Texas at an additional distance of 779.25 feet, from
278	278	which a found iron rod with cap marked "Kalkomey Surveying" bears
279	279	N22°22'24"E, a distance of 0.27 feet, passing the southeast corner
280	280	of said 16.313 acre tract of land conveyed to Community Focus
281	281	Foundation, a Texas Nonprofit Corporation, the southwest corner of
282	282	a 16.313 acre tract of land conveyed to Michael and Madeleine Ghosn,
283	283	and described in Clerk's File No. 2011016213 of the Official Public
284	284	Records of Fort Bend County, Texas at an additional distance of
285	285	449.82 feet, from which a found iron rod with cap marked "Kalkomey
286	286	Surveying" bears N22°22'24"E, a distance of 0.57 feet, passing the
287	287	southeast corner of said 16.313 acre tract conveyed to Michael and
288	288	Madeleine Ghosn, the southwest corner of a 23.425 acre tract of land
289	289	conveyed to Niranjan and Jasmin Patel and described in Clerk's File
290	290	No. 2013077203 of the Official Public Records of Fort Bend County,
291	291	Texas at an additional distance of 449.73 feet, passing the
292	292	southeast corner of said 23.425 acre tract, the southwest corner of
293	293	a 32.626 acre tract of land conveyed to Vertical Capital Holdings,
294	294	LLC and described in Clerk's File No. 2014024505 of the Official
295	295	Public Records of Fort Bend County, Texas, at an additional
296	296	distance of 646.32 feet, passing the southeast corner of said
297	297	32.626 acre tract, the southwest corner of a 32.63 acre tract of
298	298	land conveyed to Zion Hill Baptist Church in Crabb, Texas and
299	299	described in Clerk's File No. 2010105939 of the Official Public
300	300	Records of Fort Bend County, Texas at an additional distance of
301	301	900.72 feet, passing the southeast corner of said 32.63 acre tract,
302	302	the southwest corner of a 33.450 acre tract of land conveyed to
303	303	Wilbert Ulrich and described in Volume 2236, Page 2080 of the Deed
304	304	Records of Fort Bend County, Texas at an additional distance of
305	305	901.24 feet, along and with the south line of said 33.450 acre
306	306	tract, and additional distance of 926.55 feet, for a total distance
307	307	of 5522.52 feet to a set MAG nail with shiner marked "Pape-Dawson"
308	308	on the east line of a 30-foot wide right-of-way easement conveyed to
309	309	Fort Bend County and described in Volume 181, Page 611 of the Deed
310	310	Records of Fort Bend County, Texas for the creation of Benton Road,
311	311	a 60-foot wide right-of-way, at the southeast corner of said 33.450
312	312	acre tract, the northeast corner of said 250 acre tract and the
313	313	northeast corner of said 20.2239 acre portion of a 41.58 acre tract
314	314	conveyed to John J. Chalupa by deed recorded in Volume 708, Page 13
315	315	of the Deed Records of Fort Bend County, Texas, from which a found
316	316	Mag nail bears N00°14'41"W, a distance of 3.79 feet;
317	317	THENCE: S22°21'30"W, along and with centerline of said Benton
318	318	Road, also being the east line of said 250 acre tract, the east line
319	319	of said 30-foot wide right-of-way easement, and the east line of
320	320	said 20.2239 acre and said 21.4413 acre portion of the 41.58 acre
321	321	tract of land conveyed to John J. Chalupa, passing a found MAG nail
322	322	at a distance of 750.63 feet, from which another found MAG nail
323	323	bears N17°20'04"E, a distance of 5.27 feet, continuing along said
324	324	east line and centerline, an additional distance of 1222.50 feet
325	325	for a total distance of 1973.13 feet to a set 5/8 inch iron rod with
326	326	yellow cap marked "Pape-Dawson" on the north line of a 30.71 acre
327	327	tract of land conveyed to Lennar Homes of Texas Land and
328	328	Construction, Ltd. and described in Clerk's File No. 2005142966 of
329	329	the Official Public Records of Fort Bend County, Texas, at the
330	330	southeast corner of said 250 acres tract, the southeast corner of
331	331	said 21.4413 acre tract, and the southeast corner of said 30-foot
332	332	wide right-of-way easement;
333	333	THENCE: N67°37'36"W, departing the centerline of said Benton
334	334	Road, also being the east line of said 250 acre tract, the east line
335	335	of said 30-foot wide right-of-way easement, and the east line of
336	336	said 20.2239 acre and 21.4413 acre portions of the 41.58 acre tract
337	337	of land conveyed to John J. Chalupa, along and with the south line
338	338	of said 250 acre tract of land, the north line of said 30.71 acre
339	339	tract, now partially platted as Walnut Creek Section Four, recorded
340	340	in Clerk's File No. 20140011 of the Official Public Records of Fort
341	341	Bend County, Texas and Walnut Creek Section Nine, recorded in
342	342	Clerk's File No. 20120064 of the Official Public Records of Fort
343	343	Bend County, Texas, passing a found iron rod with cap marked "IDS"
344	344	at the common corner between Lot 16, Block 1 and Lot 26, Block 1 of
345	345	said Walnut Creek Section Four at a distance of 1899.49 feet,
346	346	passing a found iron rod with illegible cap at the common corner
347	347	between Lot 14, Block 1 of said Walnut Creek Section Four and Lot
348	348	18, Block 1 of said Walnut Creek Section Nine at an additional
349	349	distance of 327.00 feet, continuing along the south line of said 250
350	350	acres, now being the north line of said Walnut Creek Section Nine,
351	351	passing the northwest corner of said Walnut Creek Section Nine, the
352	352	northeast corner of Walnut Creek Section Three, recorded in Clerk's
353	353	File No. 20090032 of the Official Public Records of Fort Bend
354	354	County, Texas at an additional distance of 917.38 feet, passing the
355	355	northwest corner of said Walnut Creek Section Three, the northeast
356	356	corner of Rosehaven Section 2, recorded in Clerk's File
357	357	No. 20050172 of the Official Public Records of Fort Bend County,
358	358	Texas at an additional distance of 259.13 feet, passing the
359	359	northwest corner of said Rosehaven Sec. 2, the northeast corner of
360	360	Restricted Reserve "A", Walnut Creek Recreational Reserve,
361	361	recorded in Clerk's File No. 20100086 of the Official Public
362	362	Records of Fort Bend County, Texas, at an additional distance of
363	363	1,290.33, for a total distance of 4989.24 feet, to a point, said
364	364	point being located S67°37'36"E a distance of 16.07 feet from the
365	365	northwest corner of said Rosehaven Sec. 2, the northeast corner of
366	366	Restricted Reserve "A", Walnut Creek Recreational Reserve,
367	367	recorded in Clerk's File No. 20100086 of the Official Public
368	368	Records of Fort Bend County, Texas;
369	369	THENCE: Over and across the said 250 acre tract of land the
370	370	following courses and distances:
371	371	N22°22'24"E, a distance of 129.84 feet to a point,
372	372	N20°01'13"E, a distance of 59.92 feet to a point,
373	373	N22°28'53"E, a distance of 358.51 feet to a point,
374	374	N18°09'34"E, a distance of 60.26 feet to a point,
375	375	N22°24'27"E, a distance of 129.92 feet to a point,
376	376	N22°48'47"E, a distance of 152.32 feet to a point,
377	377	N17°28'20"E, a distance of 190.00 feet to a point,
378	378	S72°54'19"E, a distance of 23.20 feet to a point,
379	379	Northeasterly, along a non-tangent curve to the left, having
380	380	a radial bearing of N 17°05'41" E, a radius of 24.84 feet, a central
381	381	angle of 92°12'15", a chord bearing and distance of N 60°59'33" E,
382	382	35.80 feet, for an arc length of 39.98 feet to a point,
383	383	Southeasterly, along the arc of a reverse curve to the right
384	384	with a radius of 780.39 feet, an interior angle of 12°35'14", and a
385	385	chord bearing and distance of N 21°11'03" E, 171.10 feet; for an arc
386	386	length of 171.44 feet to a point,
387	387	N 27°06'01" E, a distance of 59.97 feet to a point,
388	388	Northwesterly, along a tangent curve to the left with a
389	389	radius of 2280.00 feet, a central angle of 02°47'20", and a chord
390	390	bearing and distance of N 25°42'20" E, 110.97 feet, for an arc length
391	391	of 110.98 feet to a point,
392	392	N 67°30'19" W, a distance of 260.14 feet to a point,
393	393	N 54°51'39" W, a distance of 61.08 feet to a point, and
394	394	N 67°21'55" W, a distance of 247.25 feet to a point;
395	395	THENCE: N 22°29'41" E, along and with the west line of said
396	396	0.476 acre right-of-way easement and west line of said 250 acre
397	397	tract, a distance of 506.41 feet to the POINT OF BEGINNING and
398	398	containing 232.215 acres in the Extra-Territorial Jurisdiction of
399	399	Rosenberg, Fort Bend County, Texas. Said tract being described in
400	400	accordance with a survey made on the ground and a survey description
401	401	and map prepared under job number 49077-14 by Pape-Dawson
402	402	Engineers, Inc.
403	403	SECTION 3. (a) The legal notice of the intention to
404	404	introduce this Act, setting forth the general substance of this
405	405	Act, has been published as provided by law, and the notice and a
406	406	copy of this Act have been furnished to all persons, agencies,
407	407	officials, or entities to which they are required to be furnished
408	408	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
409	409	Government Code.
410	410	(b) The governor, one of the required recipients, has
411	411	submitted the notice and Act to the Texas Commission on
412	412	Environmental Quality.
413	413	(c) The Texas Commission on Environmental Quality has filed
414	414	its recommendations relating to this Act with the governor, the
415	415	lieutenant governor, and the speaker of the house of
416	416	representatives within the required time.
417	417	(d) All requirements of the constitution and laws of this
418	418	state and the rules and procedures of the legislature with respect
419	419	to the notice, introduction, and passage of this Act are fulfilled
420	420	and accomplished.
421	421	SECTION 4. (a) If this Act does not receive a two-thirds
422	422	vote of all the members elected to each house, Subchapter C, Chapter
423	423	7927, Special District Local Laws Code, as added by Section 1 of
424	424	this Act, is amended by adding Section 7927.106 to read as follows:
425	425	Sec. 7927.106. NO EMINENT DOMAIN POWER. The district may
426	426	not exercise the power of eminent domain.
427	427	(b) This section is not intended to be an expression of a
428	428	legislative interpretation of the requirements of Section 17(c),
429	429	Article I, Texas Constitution.
430	430	SECTION 5. This Act takes effect September 1, 2015.
431	431	* * * * *