By: Oliverson (Senate Sponsor - Kolkhorst) H.B. No. 3442
(In the Senate - Received from the House April 29, 2019;
April 29, 2019, read first time and referred to Committee on
Intergovernmental Relations; May 9, 2019, reported favorably by
the following vote: Yeas 7, Nays 0; May 9, 2019, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 566; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8037 to read as follows:
CHAPTER 8037. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 566
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8037.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris County Municipal
Utility District No. 566.
Sec. 8037.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8037.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8037.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8037.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8037.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8037.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8037.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8037.0202, directors
serve staggered four-year terms.
Sec. 8037.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Philip Ghutzman;
(2) Todd Dillingham;
(3) Caitlin Doonan;
(4) Nolan Mainguy; and
(5) Robert Frost.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8037.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8037.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8037.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8037.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8037.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8037.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8037.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8037.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8037.0306. DIVISION OF DISTRICT. (a) The district
may be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt; and
(2) the district is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8037.0103 to confirm the creation of the district.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8037.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8037.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8037.0401. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8037.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8037.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8037.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8037.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8037.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8037.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8037.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Harris County Municipal Utility District No.
566 initially includes all the territory contained in the following
area:
TRACT 1 - 538.890 ACRES
A FIELD NOTE DESCRIPTION of a 553.208 acre tract of land in
the R. Walton Survey, Abstract No. 845 and in the H. Ehrenberg
Survey, Abstract No. 247, Harris County, Texas; said 553.208 acre
tract being Tracts 1-11 conveyed to Golden Shamrock Realty, Inc.,
as recorded in Harris County Clerk's File No. P061803; said tract
being more particularly described by metes-and-bounds as follows
with the bearings being based on Texas State Plane Coordinate
System, South Central Zone (NAD83) per GPS Observations using
National Geodetic Survey Continuously Operating Reference
Stations:
BEGINNING at a 3/8-inch iron rod found at the intersection of
the west right-of-way line of Becker Road (width varies) with the
north right-of-way line of Becker Road (called 60 feet wide) for the
southeast corner of said Tract 9;
THENCE, South 87° 45' 45" West - 4,884.83 feet with the north
line of said Becker Road and with the south line of said Tracts 7, 8,
9, and 11 to a 5/8-inch iron rod found at the southeast end of a
cutback corner at the intersection of the north line of said Becker
Road with the east right-of-way line Katy-Hockley Road (called 60
feet wide) for a southwest corner of this tract;
THENCE, North 58° 07' 58" West - 46.02 feet with said cutback
and with a southwest line of said Tract 7 to a 5/8-inch iron rod
found for an angle point of this tract;
THENCE, North 61° 37' 08" West - 85.49 feet with said cutback
and with a southwest line of said Tract 7 to a 5/8-inch iron rod
found for an angle point of this tract;
THENCE, North 34° 22' 11" West - 42.85 feet with said cutback
and with a southwest line of said Tract 7 to a 5/8-inch iron rod
found for an angle point of this tract;
THENCE, North 15° 13' 59" West - 53.74 feet with said cutback
and with a southwest line of said Tract 7 to a 5/8-inch iron rod
found for the north end of said cutback and for a southwest corner
of this tract;
THENCE, North 01° 44' 20" West - 1,621.49 feet with the east
right-of-way line of said Katy-Hockley Road and with a west line of
said Tracts 7 and 11 to a 1/2-inch iron rod found for a northwest
corner of this tract;
THENCE, North 88° 16' 31" East - 20.06 feet with a south line
of a 17.4152 acre tract of land conveyed to G. Robert Friedman,
Trustee, as recorded in Harris County Clerk's File No. 20070505569
and with a north line of said Tract 11 to a 5/8-inch iron rod found
for an angle point of this tract;
THENCE, South 48° 17' 22" East - 14.54 feet with a southwest
line of said 17.4152 acre tract and with a northeast line of said
Tract 11 to a 5/8-inch iron rod found for an angle point of this
tract;
THENCE, North 88° 16' 31" East - 1,711.59 feet with a south
line of said 17.4152 acre tract, with the south line of a 11.6869
acre tract of land conveyed to Michael A. Nassie, as recorded in
Harris County Clerk's File No. N345641 and with a north line of said
Tract 11 to a 1/2-inch iron rod found for an angle point of this
tract;
THENCE, North 43° 01' 23" East - 14.08 feet with a southeast
line of said 11.6869 acre tract and with a northwest line of said
Tract 11 to a 1/2-inch iron rod found for an angle point of this
tract;
THENCE, North 02° 13' 45" West - 778.58 feet with the east
line of said 11.6869 acre tract and with a west line of said Tract 11
to a 1/2-inch iron pipe found for an interior corner of this tract;
THENCE, South 80° 40' 21" West - 634.30 feet with a south line
of said Tract 4 and with a north line of said 11.6869 acre tract to a
5/8-inch iron rod found for an angle point of this tract;
THENCE, South 88° 17' 42" West - 415.20 feet with a south line
of said Tract 4, with a north line of said 11.6869 acre tract and
with the north line of said 17.4152 acre tract to a 3/4-inch iron
pipe found for a southwest corner of this tract;
THENCE, North 01° 41' 02" West - 781.71 feet with the west
line of said Tract 4 and with the east line of a 11.65 acre tract of
land conveyed to Mueshke Land Holdings, L.P., as recorded in Harris
County Clerk's File No. RP-2017-467581 to a 5/8-inch iron rod with
cap set to replace a disturbed 5/8-inch iron rod found for an
interior corner of this tract;
THENCE, South 75° 49' 10" West - 240.49 feet with a south line
of said Tract 11 and with the north line of said 11.65 acre tract to
a 5/8-inch iron rod found for a point-of-curvature;
THENCE, in a westerly direction with a south line of said
Tract 11 and with the north line of said 11.65 acre tract and with a
curve to the right having a radius of 1,040.00 feet, a central angle
of 12° 27' 19", a length of 226.08 feet, and a chord bearing
South 82° 00' 12" West - 225.64 feet to a 5/8-inch iron rod found for
a point-of-tangency;
THENCE, South 88° 15' 52" West - 213.28 feet with a south line
of said Tract 11 and with the north line of said 11.65 acre tract to
a 1/2-inch iron rod found for an angle point of this tract;
THENCE, South 42° 50' 16" West - 14.04 feet with a south line
of said Tract 11 and with the north line of said 11.65 acre tract to
a 1/2-inch iron rod found for an angle point of this tract;
THENCE, South 88° 15' 52" West - 20.00 feet with a south line
of said Tract 11 and with the north line of said 11.65 acre tract to
a 1/2-inch iron rod found in the east right-of-way line of said
Katy-Hockley Road for an southwest corner of this tract;
THENCE, North 01° 44' 20" West - 1,726.45 feet with the east
right-of-way line of said Katy-Hockley Road and with a west line of
said Tracts 1 and 11 to a 5/8-inch iron rod found for a northwest
corner of this tract;
THENCE, North 87° 12' 47" East - 20.03 feet with a north line
of said Tract 11 and with a south line of a called 86.9702 acre tract
of land conveyed to Hanson Aggregates, Inc., as recorded in Harris
County Clerk's File No. 20070002906 to a 5/8-inch iron rod found
for an angle point of this tract;
THENCE, South 45° 45' 24" East - 14.40 feet with a north line
of said Tract 11 and with a south line of said 86.9702 acre tract to
a 1/2-inch iron rod found for an angle point of this tract and for
the beginning of a non-tangent curve to the right;
THENCE, in an easterly direction with a north line of said
Tract 11, with a south line of said 86.9702 acre tract and with said
curve to the right having a radius of 905.00 feet, a central angle
of 06° 01' 18", a length of 95.11 feet, and a chord bearing South 88°
44' 25" East - 95.07 feet to a 1/2-inch iron rod found for the
beginning of a curve to the left;
THENCE, in an easterly direction with a north line of said
Tract 11, with a south line of said 86.9702 acre tract and with said
curve to the left having a radius of 905.00 feet, a central angle of
06° 01' 04", a length of 95.05 feet, and a chord bearing South 88° 51'
58" East - 95.01 feet to a 1/2-inch iron rod found for the end of
said curve;
THENCE, North 88° 15' 22" East - 970.65 feet with a north line
of said Tract 11 and with a south line of said 86.9702 acre tract to
a 1/2-inch iron rod found for the beginning of a curve to the left;
THENCE, in a northeasterly direction with a northwest line of
said Tract 11, with a southeast line of said 86.9702 acre tract and
with said curve to the left having a radius of 1,950.00 feet, a
central angle of 47° 52' 44", a length of 1,629.50 feet, and a chord
bearing North 64° 20' 50" East - 1,582.50 feet to a 5/8-inch iron
rod found for a the end of said curve;
THENCE, North 40° 22' 55" East - 512.17 feet with a northwest
line of said Tract 11 and with a southeast line of said 86.9702 acre
tract to a 1/2-inch iron rod found in the southwest line of the
Southern Pacific Railroad Company right-of-way for a north corner
of this tract;
THENCE, South 68° 07' 51" East - 2,152.18 feet with the
southwest line of said Southern Pacific Railroad Company
right-of-way and with the northeast line of said Tracts 11 and 3 to
a 5/8-inch iron rod with cap that could not be read found in the west
right-of-way line of said Becker Road for a northeast corner of this
tract;
THENCE, South 02° 00' 38" East - 50.88 feet with the west
right-of-way line of said Becker Road, as recorded in Harris County
Clerk's File No. 20100142826 and with the east line of said Tract 3
to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for the
beginning of a curve to the left;
THENCE, in a southerly direction with the west right-of-way
line of said Becker Road and with said curve to the left having a
radius of 2,015.00 feet, a central angle of 05° 43' 55", a length of
201.58 feet and a chord bearing South 04° 52' 36" East - 201.50 feet
to a 5/8-inch iron rod with cap stamped "Amani Eng" found for the
beginning of a curve to the right;
THENCE, in a southerly direction with the west right-of-way
line of said Becker Road and with said curve to the right having a
radius of 1,985.00 feet, a central angle of 05° 43' 55", a length of
198.58 feet and a chord bearing South 04° 52' 36" East - 198.50 feet
to a 5/8-inch iron rod with cap that could not be read found for the
end of said curve;
THENCE, South 02° 01' 06" East - 1,609.77 feet with the west
right-of-way line of said Becker Road to a 5/8-inch iron rod with
cap stamped "T.E.A.M." set for a southeast corner of this tract;
THENCE, South 87° 56' 49" West - 509.75 feet with a south line
of said Tract 6 and with the north line of a 3.6295 acre tract of
land conveyed to Harris County, as recorded in Harris County
Clerk's File No. 20100142826 to a 5/8-inch iron rod with cap
stamped "Amani Eng" found for an interior corner of this tract;
THENCE, South 02° 01' 53" East - 310.02 feet with an east line
of said Tract 6 and with the west line of said 3.6295 acre tract to a
5/8-inch iron rod with cap that could not be read found for an
interior corner of this tract;
THENCE, North 87° 56' 49" East - 546.24 feet with a north line
of said Tract 6 and with the south line of said 3.6295 acre tract to
a 5/8-inch iron rod with cap that could not be read for a northeast
corner of this tract;
THENCE, South 01° 59' 46" East - 2,622.08 feet with an east
line of said Tracts 6, 9, and 11 and with the west right-of-way line
of said Becker Road to the POINT OF BEGINNING and containing 553.208
acres of land.
SAVE AND EXCEPT 14.318 ACRES:
A FIELD NOTE DESCRIPTION of a 14.318 acre tract of land in the
R. Walton Survey, Abstract No. 845 and in the H. Ehrenberg Survey,
Abstract No. 247, Harris County, Texas; said 14.318 acre tract
being all of a tract of land conveyed to Dennis N. Johnston,
Trustee, as recorded in Harris County Clerk's File No. 20070541784;
said tract being more particularly described by metes-and-bounds as
follows with the bearings being based on Texas State Plane
Coordinate System, South Central Zone (NAD83) per GPS Observations
using National Geodetic Survey Continuously Operating Reference
Stations:
COMMENCING FOR REFERENCE at a 3/8-inch iron rod found at the
intersection of the west right-of-way line of Becker Road (width
varies) with the north right-of-way line of Becker Road (called 60
feet wide) for the southeast corner of Tract 9 conveyed to Golden
Shamrock Realty, Inc., as recorded in Harris County Clerk's File
No. P061803;
THENCE, South 87° 45' 45" West - 3,175.48 feet with the north
line of said Becker Road and with the south line of Tracts 8, 9, and
11 conveyed to Golden Shamrock Realty, Inc., as recorded in Harris
County Clerk's File No. P061803 to a 1/2-inch iron rod found for a
southwest corner of said Lot 8 and for a southeast corner of said
Lot 11;
THENCE, North 02° 13' 45" West - 20.00 feet with the west line
of said Lot 8 and with an east line of said Lot 11 to an angle point;
THENCE, North 47° 13' 45" West - 14.14 feet with the southwest
line of said Lot 8 and with a northeast line of said Lot 11 to an
angle point;
THENCE, North 02° 13' 45" West - 2,522.28 feet to a 1/2-inch
iron rod found for a northwest corner of a 44.659 acre tract of
land, described as Tract 5, conveyed to Golden Shamrock Realty,
Inc., as recorded in Harris County Clerk's File No. P061803 and for
the southwest corner and POINT OF BEGINNING of this tract;
THENCE, North 02° 13' 45" West - 277.84 feet with an east line
of said Tract 11 to a 1/2-inch iron rod found for the beginning of a
curve to the left;
THENCE, in a northerly direction with an east line of said
Tract 11 and with said curve to the left having a radius of 1,040.00
feet, a central angle of 11° 57' 32", a length of 217.07 feet, and a
chord bearing North 08° 12' 09" West - 216.68 feet to a 1/2-inch
iron rod found for the end of said curve;
THENCE, North 14° 14' 28" West - 416.05 feet with an east line
of said Tract 11 to a 5/8-inch iron rod with cap that could not be
read found for a northwest corner of this tract;
THENCE, North 30° 47' 21" East - 14.13 feet with a southeast
line of said Tract 11 to a 1/2-inch iron rod found for a northwest
corner of this tract;
THENCE, North 75° 49' 10" East - 635.42 feet with a south line
of said Tract 11 to a 1/2-inch iron rod found for the northeast
corner of this tract;
THENCE, South 14° 10' 18" East - 951.30 feet with a west line
of said Tract 5 to a 1/2-inch iron rod found for the southeast
corner of this tract;
THENCE, South 75° 49' 02" West - 278.02 feet with a north line
of said Tract 5 to a 1/2-inch iron rod found for an angle point of
this tract;
THENCE, South 80° 40' 21" West - 448.51 feet with a north line
of said Tract 5 to the POINT OF BEGINNING and containing 14.318
acres of land, leaving a surveyed area of 538.890 acres.
TRACT 2 - 557.308 ACRES
A FIELD NOTE DESCRIPTION of a 557.308 acre tract of land in
the H. Ehrenberg Survey, Abstract No. 247, Harris County, Texas;
said 557.308 acre tract being the remainder of a 850 acre tract of
land conveyed to Gold Star Realty, Inc., as recorded in Harris
County Clerk's File No. P114056; said tract being more particularly
described by metes-and-bounds as follows with the bearings being
based on Texas State Plane Coordinate System, South Central Zone
(NAD83) per GPS Observations using National Geodetic Survey
Continuously Operating Reference Stations:
BEGINNING at a 3/8-inch iron rod found in the south
right-of-way line of Becker Road (called 60 feet wide) for the
northwest corner of said 850 acre tract and for the northwest corner
of this tract;
THENCE, North 87° 29' 54" East - 1,605.31 feet with the south
right-of-way line of said Becker Road to a 5/8-inch iron rod with
cap stamped "T.E.A.M." set for the northwest end of a radial cutback
at the intersection of the south right-of-way line of said Becker
Road with the west right-of-way line of Katy-Hockley Cut-Off Road
(called 60 feet wide) for a point-of-curvature;
THENCE, in a southeasterly direction with said cutback and
with a curve to the right having a radius of 173.75 feet, a central
angle of 89° 51' 04", a length of 272.47 feet, and a chord bearing
South 47° 34' 29" East - 245.40 feet to a 5/8-inch iron rod with cap
stamped "T.E.A.M." set for a point-of-tangency;
THENCE, South 02° 38' 58" East - 4,770.88 feet with the west
line of said Katy-Hockley Cut-Off Road to a point in a headwall for
the southeast corner of said 850 acre tract and for the southeast
corner of this tract;
THENCE, South 87° 42' 31" West - 5,577.00 feet with the north
line of a 74.109 acre tract of land conveyed to Gold Star Realty,
Inc., as recorded in Harris County Clerk's File No. U987281, with
the north line of a 72.8256 acre tract conveyed to Minero Holdings,
LLC, as recorded in Harris County Clerk's File No. RP-2016-333873
and with the north line of a 94.107 acre tract conveyed to Cypress
Prairie Mitigation, Inc., as recorded in Harris County Clerk's File
No. RP-2017-220630 to a 1/2-inch iron rod found for the southwest
corner of this tract; from which a 1-inch iron rod found for an
interior corner of said 850 acres bears North 87° 42' 31" East -
194.97 feet;
THENCE, North 02° 39' 04" West - 4,095.43 feet to a 1/2-inch
iron rod found for a northwest corner of said 850 acre tract and for
the northwest corner of this tract;
THENCE, North 88° 14' 06" East - 3,786.97 feet with a south
line of a tract of land conveyed to 290 WR Holdings LP, as recorded
in Harris County Clerk's File No. RP-2017-245403 to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set to replace a disturbed 3/8-inch
iron rod for an interior corner of this tract;
THENCE, North 01° 52' 21" West - 877.02 feet with a west line
of said 850 acre tract to the POINT OF BEGINNING and containing
557.308 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8037, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8037.0307 to read as follows:
Sec. 8037.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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, 2019.
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