H.B. No. 4520
AN ACT
relating to the creation of the Harris-Waller Counties Municipal
Utility District No. 4; 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 8047 to read as follows:
CHAPTER 8047. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8047.0101. 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-Waller Counties
Municipal Utility District No. 4.
Sec. 8047.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8047.0103. 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. 8047.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8047.0103 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. 8047.0105. 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. 8047.0106. 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. 8047.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8047.0202, directors
serve staggered four-year terms.
Sec. 8047.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Ruth Delaney;
(2) Tracy Butcher;
(3) Erica Tabrizi;
(4) Virginia Bryant; and
(5) Way Denkler.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8047.0103; 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 8047.0103 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 8047.0103; 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. 8047.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8047.0302. 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. 8047.0303. 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. 8047.0304. 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. 8047.0305. 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. 8047.0306. 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 enacting 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
8047.0103 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 8047.0103.
(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
8047.0104 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. 8047.0401. 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 8047.0403.
(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. 8047.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8047.0401, 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. 8047.0403. 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. 8047.0501. 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. 8047.0502. 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. 8047.0503. 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-Waller Counties Municipal Utility
District No. 4 initially includes all the territory contained in
the following area:
TRACT 1 - 384.139 ACRES
Being a tract of land containing 384.139 acres located in the
H.&T.C.R.R. Co. Survey, Section 121, Abstract 201 (A-201), and the
J.W. McCutcheon Survey, Section 130, A-308, both in Waller County,
Texas. Said 384.139 acres being those certain call 383.1710 acre
and 1.00 acre tracts of land (styled "Tract 1" and "Tract 2",
respectively) recorded in the name of Kenneth Lee Freeman, Charles
Randall Freeman, David Wayne Freeman and Diana Lynn Ballard,
Trustees in Volume 471, Page 468 of the Waller County Deed Records
(W.C.D.R.). Said 384.139 acres being more particularly described
by metes and bounds as follows (bearings are referenced to the Texas
Coordinate System of 1983, South Central Zone, based on GPS
observations):
COMMENCING at a 1/2 inch iron rod found at the northwest
corner of said A-201, the northeast corner of the F. Eule Survey,
Section 112, A-373, the southeast corner of the H.&T.C.R.R. Co.
Survey, Section 111, A-172, and the F. Eule Survey, Section 120,
A-375, all in Waller County, Texas, being at the intersection of
Schlipf Road and Stockdick Road, and from which a 1/2 inch iron pipe
found at the northeast corner of said A-201 and northwest corner of
said A-308 bears North 87 degrees 59 minutes 16 seconds East, a
distance of 5,297.10 feet;
THENCE, with said Schlipf Road and the common line between
said A-201 and A-373, South 02 degrees 05 minutes 03 seconds East, a
distance of 2,779.90 feet to a Nail set in asphalt at the POINT OF
BEGINNING and northwest corner of aforesaid 383.1710 acre tract,
same being the southwest corner of the Dollins 281.50 acre tract;
THENCE, with the common line between said 383.1710 acre tract
and said Dollins 281.50 acre tract, North 87 degrees 54 minutes 31
seconds East, passing a 1/2 inch iron pipe found at 25.67 feet for
reference, and continuing for a total distance of 2,314.64 feet
(call 2,315.22 feet) to a 5/8 inch capped iron rod stamped "GBI
Partners" set at the northwest corner of the Dollins 10 acre tract;
THENCE, with the common lines between said 383.1710 acre
tract and said Dollins 10 acre tract, the following two (2) courses:
1.) South 02 degrees 05 minutes 59 seconds East, a
distance of 684.50 feet to a 5/8 inch capped iron rod stamped
"GBI Partners" set at the southwest corner of said Dollins 10
acre tract;
2.) North 87 degrees 54 minutes 31 seconds East, a
distance of 405.00 feet to a 5/8 inch capped iron rod stamped
"GBI Partners" set at the most southerly southeast corner of
said Dollins 10 acre tract, same being the southwest corner
of the aforesaid 1.00 acre tract;
THENCE, with the common lines between said 1.00 acre tract
and said Dollins 10 acre tract, the following two (2) courses:
1.) North 02 degrees 05 minutes 59 seconds West, a
distance of 159.00 feet to a 5/8 inch capped iron rod stamped
"GBI Partners" set at the northwest corner of said 1.00 acre
tract;
2.) South 87 degrees 41 minutes 42 seconds East, a
distance of 295.87 feet to a 5/8 inch capped iron rod stamped
"GBI Partners" set at the most easterly southeast corner of
said Dollins 10 acre tract, the northeast corner of said 1.00
acre tract and being on the most easterly west line of
aforesaid 383.1710 acre tract;
THENCE, with a common line between said 383.1710 acre tract
and said Dollins 10 acre tract, North 02 degrees 05 minutes 59
seconds West, a distance of 548.18 feet to a 5/8 inch capped iron
rod stamped "GBI Partners" set at the northeast corner of said
Dollins 10 acre tract and being on the south line of the aforesaid
Dollins 281.50 acre tract;
THENCE, with the north line of said 383.1710 acre tract and
the south line of said Dollins 281.50 acre tract and the Dollins
88.30 acre and 499.65 acre tracts, North 87 degrees 54 minutes 31
seconds East, passing the common line between aforesaid A-201 and
A-308 at 2,284.28 feet, and continuing for a total distance of
3,846.71 feet to a 5/8 inch capped iron rod found at the northeast
corner of said 383.1710 acre tract;
THENCE, with the east line of said 383.1710 acre tract and
west line of said Dollins 499.65 acre tract, South 02 degrees 07
minutes 54 seconds East, passing a 3/4 inch capped iron rod found at
2,469.93 feet for reference, and continuing for a total distance of
2,508.30 feet to the southeast corner of said 383.1710 acre tract,
being in Clay Road (call 60 feet wide as described in Volume 106,
Page 492 of the W.C.D.R.) and on the common line between aforesaid
A-308 and the H.&T.C.R.R. Co. Survey, Section 127, A-205, in Waller
County, Texas, and from which point a found nail in asphalt bears
North 88 degrees 00 minutes 59 seconds East, a distance of 0.78
feet;
THENCE, with said common line, the common line between
aforesaid A-201 and the T. Reese Survey, Section 122, A-333, in
Waller County, Texas, the south line of said 383.1710 acre tract and
said Clay Road, South 88 degrees 00 minutes 59 seconds West, passing
a 1/2 inch iron pipe found at 1,562.87 feet for reference and being
at the southwest corner of said A-308, the southeast corner of said
A-201, the northeast corner of said A-333 and the northwest corner
of said A-205, and continuing for a total distance of 6,863.43 feet
to a 1/2 inch iron rod found under asphalt at the southwest corner
of said 383.1710 acre tract and said A-201, same being the northwest
corner of said A-333, the southeast corner of aforesaid A-373 and
the northeast corner of the H.&T.C.R.R. Co. Survey, Section 109,
A-171, in Waller County, Texas, and being at the intersection of
aforesaid Schlipf Road and Clay Road;
THENCE, with the west line of said 383.1710 acre tract, the
common line between said A-201 and A-373, and said Schlipf Road,
North 02 degrees 05 minutes 03 seconds West, a distance of 2,495.42
feet (call 2,495.62 feet) to the POINT OF BEGINNING and containing
384.139 acres of land.
TRACT 2 - 655.54 ACRES
A METES & BOUNDS description of a 655.54 acre tract of land in
the H. & T. C. Railroad Company Survey Section 121, Abstract 201,
and the J. W. McCutcheon Survey, Section 130, Abstract 308, Waller
County, Texas, and the J. W. McCutcheon Survey, Abstract 1713,
Harris County, Texas, being the residue of that certain called
1,277.0358 acre tract recorded in Volume 313, Page 416, Deed
Records, Waller County, Texas, with all bearings based upon the
Texas Coordinate System of 1983, South Central Zone, based upon GPS
observations.
Beginning at a Mag nail set with shiner at the intersection of
Schlipf Road and Stockdick School Road for the northwest corner of
said called 1,277.0358 acre tract, for the northwest corner and
Place of Beginning of the herein described tract, said point being
the northwest corner of said Section 121, same being the northeast
corner of the adjoining Fred Eule Survey, Abstract 373, the
southeast corner of the adjoining H. & T. C. Railroad Company
Survey, Section 111, Abstract 172, and the southwest corner of the
adjoining Fred Eule Survey, Abstract 375, and the southwest corner
of an adjoining called 162.614 acre tract recorded under County
Clerk's File Number 1700518, Official Records, Waller County,
Texas;
Thence North 87 degrees 59 minutes 38 seconds East (called
South 89 degrees 56 minutes 36 seconds East) along the north line of
the herein described tract, the north line of said called
1,277.0358 acre tract, and the north line of said Section 121, same
being the south line of said adjoining Fred Eule Survey, Abstract
375, and the south line of said adjoining called 162.614 acre tract,
at 2,669.63 feet pass a 1/2 inch iron pipe found on said line for the
southeast corner of said adjoining called 162.614 acre tract, same
being the southwest corner of an adjoining called 1,263.584 acre
tract recorded in Volume 449, Page 312, Deed Records, Waller
County, Texas, at 3,117.89 feet pass a 1/2 inch iron pipe found on
said line, and continuing for a total distance of 5,297.06 feet
(called 5,297.44 feet) to a 1/2 inch iron pipe found for angle
point, said point being the northeast corner of said Section 121,
same being the northwest corner of the aforementioned Section 130,
same being the southeast corner of said adjoining Fred Eule Survey,
Abstract 375, same being the southwest corner of the adjoining H. &
T. C. Railroad Company Survey, Section 129, Abstract 204;
Thence North 87 degrees 58 minutes 20 seconds East (called
South 89 degrees 56 minutes 36 seconds East) along the north line of
the herein described tract, the north line of said called
1,277.0358 acre tract, and the north line of said Section 130, same
being the south line of said adjoining called 1,263.584 acre tract,
and the south line of said adjoining Section 129, 5,242.80 feet
(called 5,242.24 feet) to a Mag nail set with shiner in the
intersection of Stockdick School Road and Pitts Road for the
northeast corner of the herein described tract, the northeast
corner of said called 1,277.0358 acre tract, and the northeast
corner of said Section 130, same being the southeast corner of said
adjoining called 1,263.584 acre tract, and the southeast corner of
said adjoining Section 129, the southwest corner of the adjoining
George Spencer Survey, Abstract 1366, and the northwest corner of
the adjoining H. & T. C. Railroad Company Survey, Section 79,
Abstract 464;
Thence South 02 degrees 04 minutes 22 seconds East (called
South) along the east line of the herein described tract, the east
line of said called 1,277.0358 acre tract, and the east line of said
Section 130, same being the west line of said adjoining Section 79,
as located in Pitts Road, 3,821.34 feet to a Mag nail set with
shiner for the upper southeast corner of the herein described
tract, being in the centerline of Cane Island Branch;
Thence along the centerline of Cane Island Branch, being the
common line of the herein described tract and an adjoining called
219.6424 acre tract recorded under County Clerk's File Number
1606411, Official Records, Waller County, Texas, with the following
courses and distances:
South 87 degrees 57 minutes 57 seconds West, 99.09 feet
(adjoiner called South 87 degrees 58 minutes 32 seconds West)
to beginning of a curve to the right;
Thence along said curve to the right having a central
angle of 30 degrees 51 minutes 03 seconds (adjoiner called 30
degrees 51 minutes 02 seconds), a radius of 724. 84 feet
(adjoiner called 724.84 feet), an arc length of 390.29 feet
(adjoiner called 390.29 feet), and a chord bearing North 76
degrees 36 minutes 32 seconds West, 385.59 feet (adjoiner
called North 76 degrees 35 minutes 51 seconds West, 385.59
feet) to the end of said curve;
North 61 degrees 11 minutes 00 seconds West, 2,960.39
feet (adjoiner called North 61 degrees 10 minutes 25 seconds
West, 2,960.39 feet);
North 49 degrees 39 minutes 44 seconds West, 1,105.19
feet (adjoiner called North 49 degrees 39 minutes 09 seconds
West, 1,105.19 feet);
North 40 degrees 00 minutes 50 seconds West, 1,195.05
feet (adjoiner called North 40 degrees 20 minutes 25 seconds
West and North 42 degrees 36 minutes 30 seconds West);
North 56 degrees 39 minutes 14 seconds West, 96.20 feet;
North 67 degrees 38 minutes 55 seconds West, 56.40 feet;
North 89 degrees 09 minutes 58 seconds West, 187.42 feet
to a point in the centerline of Cane Island Branch for a
reentry corner to the herein described tract, said point
being the northwest corner of an adjoining called 5.7438 acre
tract (Tract II) recorded under County Clerk's File Number
1606411, Official Records, Waller County, Texas;
Thence along the common line of the herein described tract
and said adjoining called 5.7438 acre tract, and the aforementioned
adjoining called 219.6424 acre tract, with the following courses
and distances:
South 02 degrees 06 minutes 10 seconds East, 836.00 feet
(adjoiner called South 02 degrees 06 minutes 10 seconds East,
836.50 feet) to a found 5/8 inch iron rod with cap marked
"EIC";
North 88 degrees 01 minute 59 seconds East, 305.32 feet
(adjoiner called North 87 degrees 53 minutes 50 seconds East,
306.00 feet) to a found 5/8 inch iron rod with cap marked
"EIC";
South 02 degrees 09 minutes 36 seconds East, 971.68 feet
(adjoiner called South 02 degrees 06 minutes 10 seconds East)
to a found 5/8 inch iron rod with cap marked "EIC";
North 87 degrees 55 minutes 45 seconds East, 577.92 feet
(adjoiner called North 87 degrees 53 minutes 35 seconds East,
578.24 feet) to a found 1/2 inch iron pipe with cap marked
"Kalkomey Surveying";
South 02 degrees 22 minutes 45 seconds East, 466.63 feet
(adjoiner called South 02 degrees 21 minutes 12 seconds East,
466.69 feet) to a found 5/8 inch iron rod with cap marked
"EIC";
North 87 degrees 52 minutes 27 seconds East, 383.91 feet
(adjoiner called North 87 degrees 53 minutes 35 seconds East,
383.89 feet) to a found 5/8 inch iron rod with cap marked
"EIC";
South 02 degrees 08 minutes 09 seconds East (adjoiner
called South 02 degrees 08 minutes 28 seconds East) at
2,541.19 feet pass a 1/2 inch iron pipe found on said line at
its intersection with the apparent occupied north
right-of-way line of Clay Road, and continuing for a total
distance of 2,579.28 feet to a Mag nail found with shiner for
the most southerly southeast corner of the herein described
tract, said point being in the south line of said called
1,277.0358 acre tract and the south line of said Section 130,
same being the north line of the adjoining H. & T. C. Railroad
Company Survey, Section 127, Abstract 205, from which point a
found PK nail bears North 05 degrees 22 minutes 33 seconds
West, 0.44 feet;
Thence South 88 degrees 00 minutes 42 seconds West (called
North 89 degrees 54 minutes 46 seconds West) along the southernmost
line of the herein described tract, the south line of said called
1,277.0358 acre tract, and the south line of said Section 130, same
being the north line of said adjoining Section 127, as located in
Clay Road, 70.00 feet to a Mag nail found with shiner for the most
southerly southwest corner of the herein described tract, same
being the southeast corner of an adjoining called 383.1710 acre
tract (Tract 1) recorded under County Clerk's File Number 1803887,
Official Records, Waller County, Texas, from which point a found PK
nail bears North 04 degrees 29 minutes 12 seconds West, 0.57 feet;
Thence North 02 degrees 09 minutes 18 seconds West (adjoiner
called North 00 degrees 03 minutes 10 seconds West) along the common
line of the herein described tract and said adjoining called
383.1710 acre tract, at 37.93 feet pass a 1/2 inch iron pipe with
cap marked "Kalkomey Surveying" found on said line at its
intersection with the apparent occupied north right-of-way line of
Clay Road, and continuing for a total distance of 2,508.22 feet
(adjoiner called 2,508.29 feet) to a 1/2 inch iron pipe with cap
marked "Kalkomey Surveying" found for a reentry corner to the
herein described tract, same being the northeast corner of said
adjoining called 383.1710 acre tract;
Thence South 87 degrees 54 minutes 31 seconds West (adjoiner
called South 89 degrees 58 minutes 53 seconds West) continuing
along said common line, 3,846.70 feet (adjoiner called 3,846.70
feet) to a 5/8 inch iron rod with cap marked "Jones Carter" set for
corner;
Thence South 02 degrees 06 minutes 27 seconds East (adjoiner
called South 00 degrees 01 minute 37 seconds East) continuing along
said common line, 548.18 feet to a 5/8 inch iron rod with cap marked
"Kalkomey Surveying" set for corner, said point being the northeast
corner of an adjoining called 1.00 acre tract (Tract 2) recorded
under County Clerk's File Number 1803887, Official Records, Waller
County, Texas, from which point a 3/4 inch iron rod found for the
southeast corner of said adjoining called 1.00 acre tract, same
being a reentry corner to said adjoining called 383.1710 acre
tract, bears South 02 degrees 06 minutes 27 seconds East, 136.61
feet;
Thence North 87 degrees 42 minutes 05 seconds West (adjoiner
called North 85 degrees 37 minutes 20 seconds West) along the common
line of the herein described tract and said adjoining called 1.00
acre tract, 295.87 feet (adjoiner called 295.87 feet) to a 5/8 inch
iron rod with cap marked "Kalkomey Surveying" set for a reentry
corner to the herein described tract, same being the northwest
corner of said adjoining called 1.00 acre tract;
Thence South 01 degree 31 minutes 04 seconds East (adjoiner
called South 00 degrees 01 minute 37 seconds East) continuing along
said common line, 159.00 feet (adjoiner called 159.00 feet) to a 5/8
inch iron rod with cap marked "Kalkomey Surveying" set for corner,
said point being the southwest corner of said adjoining called 1.00
acre tract, and being an interior line of the aforementioned
adjoining called 383.1710 acre tract;
Thence South 87 degrees 57 minutes 59 seconds West (adjoiner
called South 89 degrees 58 minutes 53 seconds West) along the common
line of the herein described tract and said adjoining called
383.1710 acre tract, 405.00 feet (adjoiner called 405.00 feet) to a
3/4 inch iron rod found for corner, said point being a reentry
corner to said adjoining called 383.1710 acre tract;
Thence North 01 degree 58 minutes 15 seconds West (adjoiner
called North 00 degrees 01 minute 37 seconds West) continuing along
said common line, 684.12 feet (adjoiner called 684.51 feet) to a
point in an 8-inch fence corner post for a reentry corner to the
herein described tract;
Thence South 87 degrees 54 minutes 31 seconds West (adjoiner
called South 89 degrees 58 minutes 53 seconds West) continuing
along said common line, at 2,288.94 feet pass a 1/2 inch iron pipe
found on said line at its intersection with the apparent occupied
east right-of-way line of Schlipf Road, and continuing for a total
distance of 2,314.47 feet (adjoiner called 2,315.22 feet) to a Mag
nail set with shiner for a southwest corner of the herein described
tract, same being the northwest corner of said adjoining called
383.1710 acre tract, said point being in the west line of said
called 1,277.0358 acre tract and the west line of the
aforementioned Section 121, same being the east line of the
aforementioned adjoining Fred Eule Survey, Abstract 373, from which
point a bolt spike found for the southwest corner of said adjoining
called 383.1710 acre tract bears South 02 degrees 05 minutes 05
seconds East, 2,495.34 feet (adjoiner called South 00 degrees 01
minute 07 seconds East, 2,495.62 feet);
Thence North 02 degrees 05 minutes 05 seconds West (called
North 00 degrees 01 minute 07 seconds West) along the west line of
the herein described tract, the west line of said called 1,277.0358
acre tract, and the west line of said Section 121, same being the
east line of said adjoining Fred Eule Survey, Abstract 373, as
located in Schlipf Road, 445.91 feet to a Mag nail set with shiner
for corner;
Thence North 87 degrees 53 minutes 06 seconds East, 25.00
feet to a 6-inch steel post found for corner, said point being the
southwest corner of an adjoining called 3.329 acre tract recorded
in Volume 1168, Page 008, Official Records, Waller County, Texas;
Thence North 56 degrees 14 minutes 23 seconds East (adjoiner
called North 58 degrees 15 minutes 22 seconds East) along the common
line of the herein described tract and said adjoining called 3.329
acre tract, 778.87 feet (adjoiner called 778.87 feet) to a 5/8 inch
iron rod with cap marked "Kalkomey Surveying" set for a reentry
corner to the herein described tract, same being the southeast
corner of said adjoining called 3.329 acre tract;
Thence North 02 degrees 45 minutes 16 seconds West (adjoiner
called North 00 degrees 10 minutes 26 seconds West) continuing
along said common line, 180.00 feet (adjoiner called 180.00 feet)
to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found
for a reentry corner to the herein described tract, same being the
northeast corner of said adjoining called 3.329 acre tract;
Thence South 88 degrees 00 minutes 41 seconds West (adjoiner
called South 89 degrees 58 minutes 37 seconds West) continuing
along said common line, 271.83 feet (adjoiner called 273 .00 feet)
to a 1/2 inch iron pipe found for a reentry corner to the herein
described tract, same being the upper northwest corner of said
adjoining called 3.329 acre tract;
Thence South 02 degrees 18 minutes 47 seconds East (adjoiner
called South 00 degrees 10 minutes 26 seconds East) continuing
along said common line, 78.92 feet to a 1/2 inch iron pipe found for
corner, said point being the northeast corner of an adjoining
called 2.000 acre tract recorded under County Clerk's File Number
1505672, Official Records, Waller County, Texas;
Thence South 87 degrees 54 minutes 49 seconds West (adjoiner
called West) along an interior line of the herein described tract,
same being the north line of said adjoining called 2.000 acre tract,
at 389.97 feet pass a 1/2 inch iron pipe with cap marked "Kalkomey
Surveying" found on said line at its intersection with the apparent
occupied east right-of-way line of Schlipf Road, and continuing for
a total distance of 414.22 feet (adjoiner called 414 .05 feet) to a
Mag nail set with shiner for the upper southwest corner of the
herein described tract, same being the northwest corner of said
adjoining called 2.000 acre tract, said point being in the west line
of the aforementioned called 1,277.0358 acre tract and the west
line of the aforementioned Section 121, same being the east line of
the aforementioned adjoining Fred Eule Survey, Abstract 373;
Thence North 02 degrees 05 minutes 05 seconds West (called
North 00 degrees 01 minute 07 seconds West) along the west line of
the herein described tract, the west line of said called 1,277.0358
acre tract, and the west line of said Section 121, same being the
east line of said adjoining Fred Eule Survey, Abstract 373, as
located in Schlipf Road, 1,823.78 feet to the Place of Beginning and
containing 655.54 acres of land, more or less.
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
8047, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8047.0307 to read as follows:
Sec. 8047.0307. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4520 was passed by the House on May 3,
2019, by the following vote: Yeas 123, Nays 17, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4520 was passed by the Senate on May
21, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor