4 | 11 | | AN ACT |
---|
5 | 12 | | relating to the creation of the Fort Bend County Municipal Utility |
---|
6 | 13 | | District No. 240; granting a limited power of eminent domain; |
---|
7 | 14 | | providing authority to issue bonds; providing authority to impose |
---|
8 | 15 | | assessments, fees, and taxes. |
---|
9 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 17 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
---|
11 | 18 | | Code, is amended by adding Chapter 8347 to read as follows: |
---|
12 | 19 | | CHAPTER 8347. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 240 |
---|
13 | 20 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
14 | 21 | | Sec. 8347.0101. DEFINITIONS. In this chapter: |
---|
15 | 22 | | (1) "Board" means the district's board of directors. |
---|
16 | 23 | | (2) "Commission" means the Texas Commission on |
---|
17 | 24 | | Environmental Quality. |
---|
18 | 25 | | (3) "Director" means a board member. |
---|
19 | 26 | | (4) "District" means the Fort Bend County Municipal |
---|
20 | 27 | | Utility District No. 240. |
---|
21 | 28 | | Sec. 8347.0102. NATURE OF DISTRICT. The district is a |
---|
22 | 29 | | municipal utility district created under Section 59, Article XVI, |
---|
23 | 30 | | Texas Constitution. |
---|
24 | 31 | | Sec. 8347.0103. CONFIRMATION AND DIRECTOR ELECTION |
---|
25 | 32 | | REQUIRED. The temporary directors shall hold an election to |
---|
26 | 33 | | confirm the creation of the district and to elect five permanent |
---|
27 | 34 | | directors as provided by Section 49.102, Water Code. |
---|
28 | 35 | | Sec. 8347.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
29 | 36 | | temporary directors may not hold an election under Section |
---|
30 | 37 | | 8347.0103 until each municipality in whose corporate limits or |
---|
31 | 38 | | extraterritorial jurisdiction the district is located has |
---|
32 | 39 | | consented by ordinance or resolution to the creation of the |
---|
33 | 40 | | district and to the inclusion of land in the district. |
---|
34 | 41 | | Sec. 8347.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
---|
35 | 42 | | (a) The district is created to serve a public purpose and benefit. |
---|
36 | 43 | | (b) The district is created to accomplish the purposes of: |
---|
37 | 44 | | (1) a municipal utility district as provided by |
---|
38 | 45 | | general law and Section 59, Article XVI, Texas Constitution; and |
---|
39 | 46 | | (2) Section 52, Article III, Texas Constitution, that |
---|
40 | 47 | | relate to the construction, acquisition, improvement, operation, |
---|
41 | 48 | | or maintenance of macadamized, graveled, or paved roads, or |
---|
42 | 49 | | improvements, including storm drainage, in aid of those roads. |
---|
43 | 50 | | Sec. 8347.0106. INITIAL DISTRICT TERRITORY. (a) The |
---|
44 | 51 | | district is initially composed of the territory described by |
---|
45 | 52 | | Section 2 of the Act enacting this chapter. |
---|
46 | 53 | | (b) The boundaries and field notes contained in Section 2 of |
---|
47 | 54 | | the Act enacting this chapter form a closure. A mistake made in the |
---|
48 | 55 | | field notes or in copying the field notes in the legislative process |
---|
49 | 56 | | does not affect the district's: |
---|
50 | 57 | | (1) organization, existence, or validity; |
---|
51 | 58 | | (2) right to issue any type of bond for the purposes |
---|
52 | 59 | | for which the district is created or to pay the principal of and |
---|
53 | 60 | | interest on a bond; |
---|
54 | 61 | | (3) right to impose a tax; or |
---|
55 | 62 | | (4) legality or operation. |
---|
56 | 63 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
57 | 64 | | Sec. 8347.0201. GOVERNING BODY; TERMS. (a) The district is |
---|
58 | 65 | | governed by a board of five elected directors. |
---|
59 | 66 | | (b) Except as provided by Section 8347.0202, directors |
---|
60 | 67 | | serve staggered four-year terms. |
---|
61 | 68 | | Sec. 8347.0202. TEMPORARY DIRECTORS. (a) On or after the |
---|
62 | 69 | | effective date of the Act enacting this chapter, the owner or owners |
---|
63 | 70 | | of a majority of the assessed value of the real property in the |
---|
64 | 71 | | district may submit a petition to the commission requesting that |
---|
65 | 72 | | the commission appoint as temporary directors the five persons |
---|
66 | 73 | | named in the petition. The commission shall appoint as temporary |
---|
67 | 74 | | directors the five persons named in the petition. |
---|
68 | 75 | | (b) Temporary directors serve until the earlier of: |
---|
69 | 76 | | (1) the date permanent directors are elected under |
---|
70 | 77 | | Section 8347.0103; or |
---|
71 | 78 | | (2) the fourth anniversary of the effective date of |
---|
72 | 79 | | the Act enacting this chapter. |
---|
73 | 80 | | (c) If permanent directors have not been elected under |
---|
74 | 81 | | Section 8347.0103 and the terms of the temporary directors have |
---|
75 | 82 | | expired, successor temporary directors shall be appointed or |
---|
76 | 83 | | reappointed as provided by Subsection (d) to serve terms that |
---|
77 | 84 | | expire on the earlier of: |
---|
78 | 85 | | (1) the date permanent directors are elected under |
---|
79 | 86 | | Section 8347.0103; or |
---|
80 | 87 | | (2) the fourth anniversary of the date of the |
---|
81 | 88 | | appointment or reappointment. |
---|
82 | 89 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
83 | 90 | | majority of the assessed value of the real property in the district |
---|
84 | 91 | | may submit a petition to the commission requesting that the |
---|
85 | 92 | | commission appoint as successor temporary directors the five |
---|
86 | 93 | | persons named in the petition. The commission shall appoint as |
---|
87 | 94 | | successor temporary directors the five persons named in the |
---|
88 | 95 | | petition. |
---|
89 | 96 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
90 | 97 | | Sec. 8347.0301. GENERAL POWERS AND DUTIES. The district |
---|
91 | 98 | | has the powers and duties necessary to accomplish the purposes for |
---|
92 | 99 | | which the district is created. |
---|
93 | 100 | | Sec. 8347.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
94 | 101 | | DUTIES. The district has the powers and duties provided by the |
---|
95 | 102 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
96 | 103 | | applicable to municipal utility districts created under Section 59, |
---|
97 | 104 | | Article XVI, Texas Constitution. |
---|
98 | 105 | | Sec. 8347.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
---|
99 | 106 | | 52, Article III, Texas Constitution, the district may design, |
---|
100 | 107 | | acquire, construct, finance, issue bonds for, improve, operate, |
---|
101 | 108 | | maintain, and convey to this state, a county, or a municipality for |
---|
102 | 109 | | operation and maintenance macadamized, graveled, or paved roads, or |
---|
103 | 110 | | improvements, including storm drainage, in aid of those roads. |
---|
104 | 111 | | Sec. 8347.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
---|
105 | 112 | | road project must meet all applicable construction standards, |
---|
106 | 113 | | zoning and subdivision requirements, and regulations of each |
---|
107 | 114 | | municipality in whose corporate limits or extraterritorial |
---|
108 | 115 | | jurisdiction the road project is located. |
---|
109 | 116 | | (b) If a road project is not located in the corporate limits |
---|
110 | 117 | | or extraterritorial jurisdiction of a municipality, the road |
---|
111 | 118 | | project must meet all applicable construction standards, |
---|
112 | 119 | | subdivision requirements, and regulations of each county in which |
---|
113 | 120 | | the road project is located. |
---|
114 | 121 | | (c) If the state will maintain and operate the road, the |
---|
115 | 122 | | Texas Transportation Commission must approve the plans and |
---|
116 | 123 | | specifications of the road project. |
---|
117 | 124 | | Sec. 8347.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
---|
118 | 125 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
---|
119 | 126 | | applicable requirements of any ordinance or resolution that is |
---|
120 | 127 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
---|
121 | 128 | | consents to the creation of the district or to the inclusion of land |
---|
122 | 129 | | in the district. |
---|
123 | 130 | | Sec. 8347.0306. DIVISION OF DISTRICT. (a) The district may |
---|
124 | 131 | | be divided into two or more new districts only if the district: |
---|
125 | 132 | | (1) has never issued any bonds; and |
---|
126 | 133 | | (2) is not imposing ad valorem taxes. |
---|
127 | 134 | | (b) This chapter applies to any new district created by the |
---|
128 | 135 | | division of the district, and a new district has all the powers and |
---|
129 | 136 | | duties of the district. |
---|
130 | 137 | | (c) A new district created by the division of the district |
---|
131 | 138 | | may not, at the time the new district is created, contain any land |
---|
132 | 139 | | outside the area described by Section 2 of the Act enacting this |
---|
133 | 140 | | chapter. |
---|
134 | 141 | | (d) The board, on its own motion or on receipt of a petition |
---|
135 | 142 | | signed by the owner or owners of a majority of the assessed value of |
---|
136 | 143 | | the real property in the district, may adopt an order dividing the |
---|
137 | 144 | | district. |
---|
138 | 145 | | (e) The board may adopt an order dividing the district |
---|
139 | 146 | | before or after the date the board holds an election under Section |
---|
140 | 147 | | 8347.0103 to confirm the creation of the district. |
---|
141 | 148 | | (f) An order dividing the district shall: |
---|
142 | 149 | | (1) name each new district; |
---|
143 | 150 | | (2) include the metes and bounds description of the |
---|
144 | 151 | | territory of each new district; |
---|
145 | 152 | | (3) appoint temporary directors for each new district; |
---|
146 | 153 | | and |
---|
147 | 154 | | (4) provide for the division of assets and liabilities |
---|
148 | 155 | | between the new districts. |
---|
149 | 156 | | (g) On or before the 30th day after the date of adoption of |
---|
150 | 157 | | an order dividing the district, the district shall file the order |
---|
151 | 158 | | with the commission and record the order in the real property |
---|
152 | 159 | | records of each county in which the district is located. |
---|
153 | 160 | | (h) A new district created by the division of the district |
---|
154 | 161 | | shall hold a confirmation and directors' election as required by |
---|
155 | 162 | | Section 8347.0103. |
---|
156 | 163 | | (i) If the creation of the new district is confirmed, the |
---|
157 | 164 | | new district shall provide the election date and results to the |
---|
158 | 165 | | commission. |
---|
159 | 166 | | (j) Any new district created by the division of the district |
---|
160 | 167 | | must hold an election as required by this chapter to obtain voter |
---|
161 | 168 | | approval before the district may impose a maintenance tax or issue |
---|
162 | 169 | | bonds payable wholly or partly from ad valorem taxes. |
---|
163 | 170 | | (k) Municipal consent to the creation of the district and to |
---|
164 | 171 | | the inclusion of land in the district granted under Section |
---|
165 | 172 | | 8347.0104 acts as municipal consent to the creation of any new |
---|
166 | 173 | | district created by the division of the district and to the |
---|
167 | 174 | | inclusion of land in the new district. |
---|
168 | 175 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
169 | 176 | | Sec. 8347.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
---|
170 | 177 | | The district may issue, without an election, bonds and other |
---|
171 | 178 | | obligations secured by: |
---|
172 | 179 | | (1) revenue other than ad valorem taxes; or |
---|
173 | 180 | | (2) contract payments described by Section 8347.0403. |
---|
174 | 181 | | (b) The district must hold an election in the manner |
---|
175 | 182 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
176 | 183 | | before the district may impose an ad valorem tax or issue bonds |
---|
177 | 184 | | payable from ad valorem taxes. |
---|
178 | 185 | | (c) The district may not issue bonds payable from ad valorem |
---|
179 | 186 | | taxes to finance a road project unless the issuance is approved by a |
---|
180 | 187 | | vote of a two-thirds majority of the district voters voting at an |
---|
181 | 188 | | election held for that purpose. |
---|
182 | 189 | | Sec. 8347.0402. OPERATION AND MAINTENANCE TAX. (a) If |
---|
183 | 190 | | authorized at an election held under Section 8347.0401, the |
---|
184 | 191 | | district may impose an operation and maintenance tax on taxable |
---|
185 | 192 | | property in the district in accordance with Section 49.107, Water |
---|
186 | 193 | | Code. |
---|
187 | 194 | | (b) The board shall determine the tax rate. The rate may not |
---|
188 | 195 | | exceed the rate approved at the election. |
---|
189 | 196 | | Sec. 8347.0403. CONTRACT TAXES. (a) In accordance with |
---|
190 | 197 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
191 | 198 | | an operation and maintenance tax and use the revenue derived from |
---|
192 | 199 | | the tax to make payments under a contract after the provisions of |
---|
193 | 200 | | the contract have been approved by a majority of the district voters |
---|
194 | 201 | | voting at an election held for that purpose. |
---|
195 | 202 | | (b) A contract approved by the district voters may contain a |
---|
196 | 203 | | provision stating that the contract may be modified or amended by |
---|
197 | 204 | | the board without further voter approval. |
---|
198 | 205 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
199 | 206 | | Sec. 8347.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
200 | 207 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
201 | 208 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
202 | 209 | | revenue, contract payments, grants, or other district money, or any |
---|
203 | 210 | | combination of those sources, to pay for any authorized district |
---|
204 | 211 | | purpose. |
---|
205 | 212 | | Sec. 8347.0502. TAXES FOR BONDS. At the time the district |
---|
206 | 213 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
207 | 214 | | board shall provide for the annual imposition of a continuing |
---|
208 | 215 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
209 | 216 | | or part of the bonds are outstanding as required and in the manner |
---|
210 | 217 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
211 | 218 | | Sec. 8347.0503. BONDS FOR ROAD PROJECTS. At the time of |
---|
212 | 219 | | issuance, the total principal amount of bonds or other obligations |
---|
213 | 220 | | issued or incurred to finance road projects and payable from ad |
---|
214 | 221 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
215 | 222 | | real property in the district. |
---|
216 | 223 | | SECTION 2. The Fort Bend County Municipal Utility District |
---|
217 | 224 | | No. 240 initially includes all the territory contained in the |
---|
218 | 225 | | following area: |
---|
219 | 226 | | TRACT 1 - 203.50 ACRES |
---|
220 | 227 | | Being a 203.50 acre tract of land out of the Randolph Foster |
---|
221 | 228 | | League, Abstract 28, and the Thomas Westfall League, Abstract 92 |
---|
222 | 229 | | and the Noel F. Roberts League, Abstract 79 Fort Bend County, Texas; |
---|
223 | 230 | | said 203.50 acre tract of land being more particularly described by |
---|
224 | 231 | | metes and bounds as follows: |
---|
225 | 232 | | COMMENCING at the Northwest corner of Thomas Westfall League, |
---|
226 | 233 | | Abstract 92; THENCE North 89° 53' 37" East with the common line of |
---|
227 | 234 | | said Foster League and said Westfall League, 1645.89 feet to a point |
---|
228 | 235 | | in the East right-of-way line of F.M. 1489 for the POINT OF |
---|
229 | 236 | | BEGINNING of the herein tract of land; |
---|
230 | 237 | | THENCE with said East right-of-way line, along the arc of a |
---|
231 | 238 | | curve to the right, having a radius of 2166.91 feet, a central angle |
---|
232 | 239 | | of 01° 46' 20", an arc length of 67.02 feet, and a chord bearing |
---|
233 | 240 | | North 04° 34' 23" East, 67.02 feet to a point for corner; |
---|
234 | 241 | | THENCE South 88° 56' 17" East, 4353.01 feet to a point for |
---|
235 | 242 | | corner in the centerline of Big Bayou (Bessie's Creek); |
---|
236 | 243 | | THENCE with the meanders of said centerline as follows: |
---|
237 | 244 | | - South 46° 57' 47" East, 639.50 feet to a point for corner; |
---|
238 | 245 | | - South 49° 22' 47" East, 386.90 feet to a point for corner; |
---|
239 | 246 | | - South 68° 19' 37" East, 544.00 feet to a point for corner; |
---|
240 | 247 | | - South 23° 42' 07" East, 440.41 feet to a point for corner; |
---|
241 | 248 | | - South 22° 08' 03" West, 221.91 feet to a point for corner; |
---|
242 | 249 | | - South 53° 41' 23" West, 287.12 feet to a point for corner; |
---|
243 | 250 | | - North 86° 22' 00" West, 2.51 feet to a point for corner; |
---|
244 | 251 | | THENCE South 00° 43' 33" West, 136.84 feet to a point for |
---|
245 | 252 | | corner in the West right-of-way line of Vernon Frost Road; |
---|
246 | 253 | | THENCE with said West right-of-way line as follows: |
---|
247 | 254 | | - South 13° 55' 15" West, 116.39 feet to a point for corner; |
---|
248 | 255 | | - South 00° 01' 45" East, 883.80 feet to a point for corner; |
---|
249 | 256 | | - South 52° 29' 11" West, 41.12 feet to a point for corner in |
---|
250 | 257 | | the North right-of-way line of said Vernon Frost Road; |
---|
251 | 258 | | THENCE with said North right-of-way line as follows: |
---|
252 | 259 | | - North 83° 31' 42" West, 2367.99 feet to a point for corner; |
---|
253 | 260 | | - South 64° 33' 59" West, 248.96 feet to a point for corner; |
---|
254 | 261 | | THENCE North 04° 02' 15" West, 982.17 feet to a point for |
---|
255 | 262 | | corner; |
---|
256 | 263 | | THENCE North 05° 25' 55" East, 275.65 feet to a point for |
---|
257 | 264 | | corner in the aforementioned centerline of Big Bayou; |
---|
258 | 265 | | THENCE with the meanders of said centerline as follows: |
---|
259 | 266 | | - South 73° 53' 23" West, 212.50 feet to a point for corner; |
---|
260 | 267 | | - South 56° 15' 13" West, 133.89 feet to a point for corner; |
---|
261 | 268 | | THENCE North 01° 05' 23" East, 948.59 feet to a point for |
---|
262 | 269 | | corner; |
---|
263 | 270 | | THENCE North 88° 57' 42" West, 2,489.02 feet to a point for |
---|
264 | 271 | | corner in the aforementioned east right-of-way line of F.M. 1489; |
---|
265 | 272 | | THENCE with said East right-of-way as follows: |
---|
266 | 273 | | - North 03° 01' 27" West, 312.88 feet to a point for corner |
---|
267 | 274 | | and the beginning of a curve to the right; |
---|
268 | 275 | | - Along the arc of said curve to the right, having a radius |
---|
269 | 276 | | of 2166.91 feet, a central angle of 06° 42' 40", an arc length of |
---|
270 | 277 | | 253.82 feet, and a chord bearing North 00° 19' 53" East, 253.67 feet |
---|
271 | 278 | | to the POINT OF BEGINNING; containing 203.50 acres of land, more or |
---|
272 | 279 | | less. |
---|
273 | 280 | | TRACT 2 - 47.74 ACRES |
---|
274 | 281 | | Being a 47.74 acre tract of land out of the Thomas Westfall |
---|
275 | 282 | | League, Abstract 92 Fort Bend County, Texas; said 47.74 acre tract |
---|
276 | 283 | | of land being more particularly described by metes and bounds as |
---|
277 | 284 | | follows: |
---|
278 | 285 | | COMMENCING at a point in the East line of said Thomas Westfall |
---|
279 | 286 | | League, Abstract 92 and being in the South right-of-way line of |
---|
280 | 287 | | Vernon Frost Road; THENCE North 83° 31' 43" West with said South |
---|
281 | 288 | | right-of-way line, 979.03 feet to a point in the West line of a |
---|
282 | 289 | | Roadway for Ingress and Egress and Utilities and for the POINT OF |
---|
283 | 290 | | BEGINNING of the herein tract of land; |
---|
284 | 291 | | THENCE South 20° 02' 44" West with said West line, 1452.74 |
---|
285 | 292 | | feet to a point for corner; |
---|
286 | 293 | | THENCE North 83° 42' 22" West, 930.30 feet to a point for |
---|
287 | 294 | | corner; |
---|
288 | 295 | | THENCE South 22° 36' 17" West, 8.24 feet to a point for corner; |
---|
289 | 296 | | THENCE South 71° 32' 11" West, 1961.02 to a point for corner in |
---|
290 | 297 | | the East right-of-way line of F.M. 1489; |
---|
291 | 298 | | THENCE North 33° 39' 18" West with said East right-of-way |
---|
292 | 299 | | line, 694.24 feet to a point for corner; |
---|
293 | 300 | | THENCE North 64° 33' 59" East, 1369.17 feet to a point for |
---|
294 | 301 | | corner; |
---|
295 | 302 | | THENCE South 83° 31' 43" East, 1324.09 feet to a point for |
---|
296 | 303 | | corner; |
---|
297 | 304 | | THENCE North 06° 28' 17" East, 883.00 feet to a point for |
---|
298 | 305 | | corner in the South right-of-way line of the aforementioned Vernon |
---|
299 | 306 | | Frost Road; |
---|
300 | 307 | | THENCE South 83° 31' 43" East with said South right-of-way |
---|
301 | 308 | | line, 23.23 to the POINT OF BEGINNING; containing 47.74 acres of |
---|
302 | 309 | | land, more or less. |
---|
303 | 310 | | TRACT 3 - 10.95 ACRES |
---|
304 | 311 | | Being a 10.95 acre tract of land out of the Thomas Westfall |
---|
305 | 312 | | League, Abstract 92 Fort Bend County, Texas; said 10.95 acre tract |
---|
306 | 313 | | of land being more particularly described by metes and bounds as |
---|
307 | 314 | | follows: |
---|
308 | 315 | | COMMENCING at a point in the East line of said Thomas Westfall |
---|
309 | 316 | | League, Abstract 92 and being in the South right-of-way line of |
---|
310 | 317 | | Vernon Frost Road; THENCE North 83° 31' 43" East with said South |
---|
311 | 318 | | right-of-way line, 30.19 feet to the POINT OF BEGINNING of the |
---|
312 | 319 | | herein tract of land; |
---|
313 | 320 | | THENCE South 00° 05' 00" West, 593.27 feet to a point for |
---|
314 | 321 | | corner; |
---|
315 | 322 | | THENCE North 83° 31' 42" West, 694.99 feet to a point for |
---|
316 | 323 | | corner in the East line of a Roadway for Ingress and Egress and |
---|
317 | 324 | | Utilities; |
---|
318 | 325 | | THENCE North 20° 02' 44" West with said East line, 658.90 feet |
---|
319 | 326 | | to a point for corner in the South right-of-way line of the |
---|
320 | 327 | | aforementioned Vernon Frost Road; |
---|
321 | 328 | | THENCE South 83° 31' 43" East with said South right-of-way |
---|
322 | 329 | | line, 923.16 to the POINT OF BEGINNING; containing 10.95 acres of |
---|
323 | 330 | | land, more or less. |
---|
324 | 331 | | TRACT 4 - 84.60 ACRES |
---|
325 | 332 | | Being a 95.93 acre tract of land out of the Randolph Foster |
---|
326 | 333 | | League, Abstract 28, and the Thomas Westfall League, Abstract 92 |
---|
327 | 334 | | Fort Bend County, Texas; said 95.93 acre tract of land being more |
---|
328 | 335 | | particularly described by metes and bounds as follows: |
---|
329 | 336 | | COMMENCING at the Northwest corner of Thomas Westfall League, |
---|
330 | 337 | | Abstract 92; THENCE North 89° 53' 37" East with the common line of |
---|
331 | 338 | | said Foster League and said Westfall League, 1645.89 feet to a point |
---|
332 | 339 | | in the East right-of-way line of F.M. 1489; |
---|
333 | 340 | | THENCE with said East right-of-way line, along the arc of a |
---|
334 | 341 | | curve to the right, having a radius of 2166.91 feet, a central angle |
---|
335 | 342 | | of 01° 46' 20", an arc length of 67.02 feet, and a chord bearing |
---|
336 | 343 | | North 04° 34' 23" East, 67.02 feet to the POINT OF BEGINNING of the |
---|
337 | 344 | | herein tract of land; |
---|
338 | 345 | | THENCE with said East right-of-way line, along the arc of a |
---|
339 | 346 | | curve to the right, having a radius of 2166.91 feet, a central angle |
---|
340 | 347 | | of 05° 49' 38", an arc length of 220.39 feet, and a chord bearing |
---|
341 | 348 | | North 08° 22' 23" East, 220.29 feet to a point for corner; |
---|
342 | 349 | | THENCE North 10° 25' 33" East, 567.79 feet to a point for |
---|
343 | 350 | | corner; |
---|
344 | 351 | | THENCE North 42° 48' 13" East, 161.59 feet to a point for |
---|
345 | 352 | | corner; |
---|
346 | 353 | | THENCE North 89° 49' 13" East, 776.80 feet to a point for |
---|
347 | 354 | | corner; |
---|
348 | 355 | | THENCE North 89° 50' 13" East, 1300.00 feet to a point for |
---|
349 | 356 | | corner; |
---|
350 | 357 | | THENCE North 89° 47' 53" East, 1493.99 feet to a point for |
---|
351 | 358 | | corner; |
---|
352 | 359 | | THENCE South 05° 13' 23" West, 121.36 feet to a point for |
---|
353 | 360 | | corner in the centerline of Big Bayou (Bessie's Creek); |
---|
354 | 361 | | THENCE with the meanders of said centerline as follows: |
---|
355 | 362 | | - South 20° 06' 37" East, 255.79 feet to a point for corner; |
---|
356 | 363 | | - South 33° 09' 07" East, 391.61 feet to a point for corner; |
---|
357 | 364 | | - South 39° 30' 39" East, 386.36 feet to a point for corner; |
---|
358 | 365 | | - South 46° 57' 47" East, 639.50 feet to a point for corner; |
---|
359 | 366 | | - South 49° 22' 47" East, 386.90 feet to a point for corner; |
---|
360 | 367 | | THENCE South 40° 37' 13" West, 400.00 feet to a point for |
---|
361 | 368 | | corner; |
---|
362 | 369 | | THENCE North 49° 22' 47" West, 395.34 feet to a point for |
---|
363 | 370 | | corner; |
---|
364 | 371 | | THENCE North 46° 57' 47" West, 700.28 feet to a point for |
---|
365 | 372 | | corner; |
---|
366 | 373 | | THENCE North 39° 00' 27" West, 342.84 feet to a point for |
---|
367 | 374 | | corner; |
---|
368 | 375 | | THENCE North 88° 56' 17" West, 3825.88 feet to the POINT OF |
---|
369 | 376 | | BEGINNING; containing 95.93 acres of land more or less; |
---|
370 | 377 | | SAVE AND EXCEPT an 11.33 acre tract of land being more |
---|
371 | 378 | | particularly described by metes and bounds as follows: |
---|
372 | 379 | | COMMENCING at a point in the East right-of-way for the |
---|
373 | 380 | | Southwest corner of said 95.93 acre tract of land; Thence South 88° |
---|
374 | 381 | | 56' 17 East, 3825.88 feet to the PLACE OF BEGINNING; |
---|
375 | 382 | | THENCE South 88° 56' 17" East, 527.13 feet to a point for |
---|
376 | 383 | | corner in the centerline of Big Bayou (Bessie's Creek); |
---|
377 | 384 | | THENCE with the meanders of said centerline as follows: |
---|
378 | 385 | | - South 46° 57' 47" East, 639.50 feet to a point for corner; |
---|
379 | 386 | | - South 49° 22' 47" East, 386.90 feet to a point for corner; |
---|
380 | 387 | | THENCE South 40° 37' 13" West, 400.00 feet to a point for |
---|
381 | 388 | | corner; |
---|
382 | 389 | | THENCE North 49° 22' 47" West, 395.34 feet to a point for |
---|
383 | 390 | | corner; |
---|
384 | 391 | | THENCE North 46° 57' 47" West, 700.28 feet to a point for |
---|
385 | 392 | | corner; |
---|
386 | 393 | | THENCE North 39° 00' 27" West, 342.84 to the POINT OF |
---|
387 | 394 | | BEGINNING; containing 11.33 acres of land more or less. |
---|
388 | 395 | | SECTION 3. (a) The legal notice of the intention to |
---|
389 | 396 | | introduce this Act, setting forth the general substance of this |
---|
390 | 397 | | Act, has been published as provided by law, and the notice and a |
---|
391 | 398 | | copy of this Act have been furnished to all persons, agencies, |
---|
392 | 399 | | officials, or entities to which they are required to be furnished |
---|
393 | 400 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
394 | 401 | | Government Code. |
---|
395 | 402 | | (b) The governor, one of the required recipients, has |
---|
396 | 403 | | submitted the notice and Act to the Texas Commission on |
---|
397 | 404 | | Environmental Quality. |
---|
398 | 405 | | (c) The Texas Commission on Environmental Quality has filed |
---|
399 | 406 | | its recommendations relating to this Act with the governor, the |
---|
400 | 407 | | lieutenant governor, and the speaker of the house of |
---|
401 | 408 | | representatives within the required time. |
---|
402 | 409 | | (d) All requirements of the constitution and laws of this |
---|
403 | 410 | | state and the rules and procedures of the legislature with respect |
---|
404 | 411 | | to the notice, introduction, and passage of this Act are fulfilled |
---|
405 | 412 | | and accomplished. |
---|
406 | 413 | | SECTION 4. (a) If this Act does not receive a two-thirds |
---|
407 | 414 | | vote of all the members elected to each house, Subchapter C, Chapter |
---|
408 | 415 | | 8347, Special District Local Laws Code, as added by Section 1 of |
---|
409 | 416 | | this Act, is amended by adding Section 8347.0307 to read as follows: |
---|
410 | 417 | | Sec. 8347.0307. NO EMINENT DOMAIN POWER. The district may |
---|
411 | 418 | | not exercise the power of eminent domain. |
---|
412 | 419 | | (b) This section is not intended to be an expression of a |
---|
413 | 420 | | legislative interpretation of the requirements of Section 17(c), |
---|
414 | 421 | | Article I, Texas Constitution. |
---|
415 | 422 | | SECTION 5. This Act takes effect immediately if it receives |
---|
416 | 423 | | a vote of two-thirds of all the members elected to each house, as |
---|
417 | 424 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
418 | 425 | | Act does not receive the vote necessary for immediate effect, this |
---|
419 | 426 | | Act takes effect September 1, 2019. |
---|