Texas 2019 - 86th Regular

Texas Senate Bill SB2442 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9330 JCG-D
2	2	By: Taylor S.B. No. 2442
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the City of Kemah Municipal Management
8	8	District No. 1; providing a limited authority of eminent domain;
9	9	providing authority to issue bonds and impose assessments, fees,
10	10	and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 4, Special District Local Laws
13	13	Code, is amended by adding Chapter 3976 to read as follows:
14	14	CHAPTER 3976. CITY OF KEMAH MUNICIPAL MANAGEMENT DISTRICT NO. 1
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 3976.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "City" means the City of Kemah, Texas.
19	19	(3) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(4) "Director" means a board member.
22	22	(5) "District" means the City of Kemah Municipal
23	23	Management District No. 1.
24	24	Sec. 3976.0102. CREATION AND NATURE OF DISTRICT. The
25	25	district is a special district created under Sections 52 and 52-a,
26	26	Article III, and Section 59, Article XVI, Texas Constitution.
27	27	Sec. 3976.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
28	28	creation of the district is essential to accomplish the purposes of
29	29	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	30	Texas Constitution, and other public purposes stated in this
31	31	chapter. By creating the district and in authorizing the city and
32	32	other political subdivisions to contract with the district, the
33	33	legislature has established a program to accomplish the public
34	34	purposes set out in Section 52-a, Article III, Texas Constitution.
35	35	(b) The creation of the district is necessary to promote,
36	36	develop, encourage, and maintain employment, commerce,
37	37	transportation, housing, tourism, recreation, the arts,
38	38	entertainment, economic development, safety, and the public
39	39	welfare in the district.
40	40	(c) This chapter and the creation of the district may not be
41	41	interpreted to relieve the city from providing the level of
42	42	services provided to the area in the district as of the effective
43	43	date of the Act enacting this chapter. The district is created to
44	44	supplement and not to supplant the city services provided in the
45	45	district.
46	46	Sec. 3976.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
47	47	(a) The district is created to serve a public use and benefit.
48	48	(b) All land and other property included in the district
49	49	will benefit from the improvements and services to be provided by
50	50	the district under powers conferred by Sections 52 and 52-a,
51	51	Article III, and Section 59, Article XVI, Texas Constitution, and
52	52	other powers granted under this chapter.
53	53	(c) The district is created to accomplish the purposes of a
54	54	municipal management district as provided by general law and
55	55	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
56	56	Texas Constitution.
57	57	(d) The creation of the district is in the public interest
58	58	and is essential to:
59	59	(1) further the public purposes of developing and
60	60	diversifying the economy of the state;
61	61	(2) eliminate unemployment and underemployment;
62	62	(3) develop or expand transportation and commerce; and
63	63	(4) provide quality residential housing.
64	64	(e) The district will:
65	65	(1) promote the health, safety, and general welfare of
66	66	residents, employers, potential employees, employees, visitors,
67	67	and consumers in the district, and of the public;
68	68	(2) provide needed funding for the district to
69	69	preserve, maintain, and enhance the economic health and vitality of
70	70	the district territory as a community and business center; and
71	71	(3) promote the health, safety, welfare, and enjoyment
72	72	of the public by providing pedestrian ways and by landscaping and
73	73	developing certain areas in the district, which are necessary for
74	74	the restoration, preservation, and enhancement of scenic beauty.
75	75	(f) Pedestrian ways along or across a street, whether at
76	76	grade or above or below the surface, and street lighting, street
77	77	landscaping, parking, and street art objects are parts of and
78	78	necessary components of a street and are considered to be a street
79	79	or road improvement.
80	80	(g) The district will not act as the agent or
81	81	instrumentality of any private interest even though the district
82	82	will benefit many private interests as well as the public.
83	83	Sec. 3976.0105. DISTRICT TERRITORY. (a) The district is
84	84	composed of the territory described by Section 2 of the Act enacting
85	85	this chapter, as that territory may have been modified under other
86	86	law.
87	87	(b) The boundaries and field notes contained in Section 2 of
88	88	the Act enacting this chapter form a closure. A mistake in the
89	89	field notes or in copying the field notes in the legislative process
90	90	does not affect the district's:
91	91	(1) organization, existence, or validity;
92	92	(2) right to contract;
93	93	(3) authority to borrow money or issue bonds or other
94	94	obligations described by Section 3976.0501 or to pay the principal
95	95	and interest of the bonds or other obligations;
96	96	(4) right to impose or collect an assessment, or
97	97	collect other revenue; or
98	98	(5) legality or operation.
99	99	Sec. 3976.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
100	100	DISTRICTS LAW. Except as otherwise provided by this chapter,
101	101	Chapter 375, Local Government Code, applies to the district.
102	102	Sec. 3976.0107. CONSTRUCTION OF CHAPTER. This chapter
103	103	shall be liberally construed in conformity with the findings and
104	104	purposes stated in this chapter.
105	105	Sec. 3976.0108. CONFLICTS OF LAW. This chapter prevails
106	106	over any provision of Chapter 375, Local Government Code, that is in
107	107	conflict or inconsistent with this chapter.
108	108	Sec. 3976.0109. CONSENT OF MUNICIPALITY REQUIRED. The
109	109	board may not hold an election to authorize the issuance of bonds
110	110	until the governing body of the city by ordinance or resolution
111	111	consents to the creation of the district and to the inclusion of
112	112	land in the district. The city's consent must be granted in the
113	113	manner provided by Section 54.016, Water Code, for including land
114	114	within the corporate limits or extraterritorial jurisdiction of a
115	115	city.
116	116	SUBCHAPTER B. BOARD OF DIRECTORS
117	117	Sec. 3976.0201. GOVERNING BODY; TERMS. The district is
118	118	governed by a board of five directors who serve staggered terms of
119	119	four years, with two or three directors' terms expiring June 1 of
120	120	each odd-numbered year. One director is appointed by the city, and
121	121	four directors are appointed by the commission as provided by
122	122	Sections 3976.0202 and 3976.0203, respectively.
123	123	Sec. 3976.0202. APPOINTMENT AND REMOVAL OF DIRECTOR
124	124	APPOINTED BY CITY. (a) The governing body of the city shall
125	125	appoint one director who must be:
126	126	(1) at least 18 years of age; and
127	127	(2) a resident of the city.
128	128	(b) At any time the governing body of the city may remove the
129	129	director appointed by the city and appoint a director to serve the
130	130	remainder of the removed director's term.
131	131	Sec. 3976.0203. APPOINTMENT BY COMMISSION. (a) Before the
132	132	term of a director other than a director appointed under Section
133	133	3976.0202 expires, the board shall recommend to the commission the
134	134	appropriate number of persons to serve as successor directors. The
135	135	commission shall appoint as directors the persons recommended by
136	136	the board.
137	137	(b) A person recommended by the board under Subsection (a)
138	138	must be:
139	139	(1) at least 18 years of age;
140	140	(2) an owner of property in the district;
141	141	(3) an owner of stock, whether beneficial or
142	142	otherwise, of a corporate owner of property in the district;
143	143	(4) an owner of a beneficial interest in a trust that
144	144	owns property in the district; or
145	145	(5) an agent, employee, or tenant of a person
146	146	described by Subdivision (2), (3), or (4).
147	147	Sec. 3976.0204. VACANCY. (a) Except as provided by
148	148	Subsection (b), if a vacancy occurs on the board, the remaining
149	149	directors shall appoint a director for the remainder of the
150	150	unexpired term.
151	151	(b) If a vacancy occurs in the office of the director
152	152	appointed by the city, the city shall appoint a director for the
153	153	remainder of the unexpired term.
154	154	Sec. 3976.0205. DIRECTOR'S OATH OR AFFIRMATION. (a) A
155	155	director shall file the director's oath or affirmation of office
156	156	with the district, and the district shall retain the oath or
157	157	affirmation in the district records.
158	158	(b) A director shall file a copy of the director's oath or
159	159	affirmation with the secretary of the city.
160	160	Sec. 3976.0206. OFFICERS. The board shall elect from among
161	161	the directors a chair, a vice chair, and a secretary. The offices
162	162	of chair and secretary may not be held by the same person.
163	163	Sec. 3976.0207. COMPENSATION; EXPENSES. (a) The district
164	164	may compensate each director in an amount not to exceed $150 for
165	165	each board meeting. The total amount of compensation a director may
166	166	receive each year may not exceed $7,200.
167	167	(b) A director is entitled to reimbursement for necessary
168	168	and reasonable expenses incurred in carrying out the duties and
169	169	responsibilities of the board.
170	170	Sec. 3976.0208. INITIAL DIRECTORS. (a) On or after
171	171	September 1, 2019, the owner or owners of a majority of the assessed
172	172	value of the real property in the district according to the most
173	173	recent certified tax appraisal rolls for the county may submit a
174	174	petition to the commission requesting that the commission appoint
175	175	as initial directors the four persons named in the petition. The
176	176	commission shall appoint as initial directors the four persons
177	177	named in the petition.
178	178	(b) The governing body of the city shall appoint one initial
179	179	director.
180	180	(c) The initial directors shall determine by lot which three
181	181	positions expire June 1, 2021, and which two positions expire June
182	182	1, 2023.
183	183	(d) This section expires September 1, 2021.
184	184	SUBCHAPTER C. POWERS AND DUTIES
185	185	Sec. 3976.0301. GENERAL POWERS AND DUTIES. The district
186	186	has the powers and duties necessary to accomplish the purposes for
187	187	which the district is created.
188	188	Sec. 3976.0302. IMPROVEMENT PROJECTS AND SERVICES. The
189	189	district may provide, design, construct, acquire, improve,
190	190	relocate, operate, maintain, or finance an improvement project or
191	191	service using money available to the district, or contract with a
192	192	governmental or private entity to provide, design, construct,
193	193	acquire, improve, relocate, operate, maintain, or finance an
194	194	improvement project or service authorized under this chapter or
195	195	Chapter 375, Local Government Code.
196	196	Sec. 3976.0303. LOCATION OF IMPROVEMENT PROJECT. A
197	197	district improvement project may be located inside or outside of
198	198	the district.
199	199	Sec. 3976.0304. OWNERSHIP OF IMPROVEMENT PROJECTS. (a)
200	200	Before a district improvement project may be put into operation,
201	201	the district must transfer ownership of the project:
202	202	(1) if the project is a water and sewer improvement
203	203	project, to the Galveston County Water Control and Improvement
204	204	District No. 12; or
205	205	(2) if the project is not described by Subdivision
206	206	(1), to the city.
207	207	(b) The transfer of ownership is complete on the applicable
208	208	entity's acceptance of ownership.
209	209	Sec. 3976.0305. RETAIL WATER AND SEWER SERVICES PROHIBITED.
210	210	The district may not provide retail water or sewer services.
211	211	Sec. 3976.0306. ADDING OR REMOVING TERRITORY. (a) Subject
212	212	to Subsection (b), the board may add or remove territory as provided
213	213	by Subchapter J, Chapter 49, Water Code.
214	214	(b) The district may add territory as described by
215	215	Subsection (a) only if the governing body of the city by ordinance
216	216	or resolution consents to the addition.
217	217	Sec. 3976.0307. LIMITED EMINENT DOMAIN POWER. The district
218	218	may not exercise the power of eminent domain unless the governing
219	219	body of the city consents to the exercise.
220	220	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
221	221	Sec. 3976.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
222	222	board by resolution shall establish the number of directors'
223	223	signatures and the procedure required for a disbursement or
224	224	transfer of the district's money.
225	225	Sec. 3976.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
226	226	The district may acquire, construct, or finance an improvement
227	227	project or service authorized by this chapter or Chapter 375, Local
228	228	Government Code, using any money available to the district.
229	229	Sec. 3976.0403. METHOD OF NOTICE FOR HEARING. The district
230	230	may mail the notice required by Section 375.115(c), Local
231	231	Government Code, by certified or first class United States mail.
232	232	The board shall determine the method of notice.
233	233	Sec. 3976.0404. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
234	234	The board by resolution may impose and collect an assessment for any
235	235	purpose authorized by this chapter in all or any part of the
236	236	district.
237	237	(b) An assessment, a reassessment, or an assessment
238	238	resulting from an addition to or correction of the assessment roll
239	239	by the district, penalties and interest on an assessment or
240	240	reassessment, an expense of collection, and reasonable attorney's
241	241	fees incurred by the district are:
242	242	(1) a first and prior lien against the property
243	243	assessed;
244	244	(2) superior to any other lien or claim other than a
245	245	lien or claim for county, school district, or municipal ad valorem
246	246	taxes; and
247	247	(3) the personal liability of and a charge against the
248	248	owners of the property even if the owners are not named in the
249	249	assessment proceedings.
250	250	(c) The lien is effective from the date of the board's
251	251	resolution imposing the assessment until the date the assessment is
252	252	paid. The board may enforce the lien in the same manner that the
253	253	board may enforce an ad valorem tax lien against real property.
254	254	(d) The board may make a correction to or deletion from the
255	255	assessment roll that does not increase the amount of assessment of
256	256	any parcel of land without providing notice and holding a hearing in
257	257	the manner required for additional assessments.
258	258	(e) The district may not impose an assessment on a
259	259	municipality, county, or other political subdivision.
260	260	Sec. 3976.0405. NOTICE OF ASSESSMENTS. Annually, the board
261	261	shall file with the secretary of the city written notice that
262	262	specifies the assessments the district will impose in the
263	263	district's next fiscal year in sufficient clarity to describe the
264	264	assessments for the operation and maintenance of the district and
265	265	the assessments for the payment of debt service of obligations
266	266	issued or incurred by the district.
267	267	SUBCHAPTER E. TAXES AND BONDS
268	268	Sec. 3976.0501. BONDS AND OTHER OBLIGATIONS. (a) The
269	269	district may issue, by public or private sale, bonds, notes, or
270	270	other obligations payable wholly or partly from ad valorem taxes or
271	271	assessments in the manner provided by Subchapter A, Chapter 372, or
272	272	Subchapter J, Chapter 375, Local Government Code. Sections
273	273	375.207(a) and (b), Local Government Code, do not apply to the
274	274	district.
275	275	(b) In exercising the district's borrowing power, the
276	276	district may issue a bond or other obligation in the form of a bond,
277	277	note, certificate of participation or other instrument evidencing a
278	278	proportionate interest in payments to be made by the district, or
279	279	other type of obligation.
280	280	(c) In addition to the sources of money described by
281	281	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
282	282	Government Code, district bonds may be secured and made payable
283	283	wholly or partly by a pledge of any part of the money the district
284	284	receives from improvement revenue or from any other source.
285	285	(d) Not later than the 30th day before the date the district
286	286	holds a bond sale, the district shall provide the governing body of
287	287	the city written notice of the sale.
288	288	Sec. 3976.0502. TAXES FOR WATER, WASTEWATER, AND DRAINAGE
289	289	PURPOSES. Taxes the district imposes for water, wastewater, and
290	290	drainage facility construction, if any, are for the particular
291	291	benefit of the area inside the district, do not generally or
292	292	directly benefit the area inside the Galveston County Water Control
293	293	and Improvement District No. 12 as a whole, and do not duplicate a
294	294	tax imposed by the Galveston County Water Control and Improvement
295	295	District No. 12.
296	296	SUBCHAPTER F. DISSOLUTION
297	297	Sec. 3976.0601. DISSOLUTION BY CITY ORDINANCE. (a) The
298	298	governing body of the city may dissolve the district by ordinance.
299	299	(b) The governing body of the city may not dissolve the
300	300	district until water, sanitary, sewer, and drainage improvements
301	301	and roads have been constructed to serve at least 90 percent of the
302	302	developable territory of the district.
303	303	(c) Until the district is dissolved, the district is
304	304	responsible for all bonds and other obligations of the district.
305	305	(d) The board may not dissolve the district under Subchapter
306	306	M, Chapter 375, Local Government Code, unless the board obtains the
307	307	written consent of the city.
308	308	Sec. 3976.0602. COLLECTION OF ASSESSMENTS AND OTHER
309	309	REVENUE. (a) If the dissolved district has bonds or other
310	310	obligations outstanding secured by and payable from assessments or
311	311	other revenue, other than revenue from ad valorem taxes, the city
312	312	shall succeed to the rights and obligations of the district
313	313	regarding enforcement and collection of the assessments or other
314	314	revenue.
315	315	(b) The city shall have and exercise all district powers to
316	316	enforce and collect the assessments or other revenue to pay:
317	317	(1) the bonds or other obligations when due and
318	318	payable according to their terms; or
319	319	(2) special revenue or assessment bonds or other
320	320	obligations issued by the city to refund the outstanding bonds or
321	321	obligations.
322	322	Sec. 3976.0603. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
323	323	After the city dissolves the district, the city assumes, subject to
324	324	the appropriation and availability of funds, the obligations of the
325	325	district, including any bonds or other debt payable from
326	326	assessments or other district revenue.
327	327	(b) If the city dissolves the district, the board shall
328	328	transfer ownership of all district property to the city.
329	329	SECTION 2. The City of Kemah Municipal Management District
330	330	No. 1 initially includes all the territory contained in the
331	331	following area:
332	332	Metes and Bounds Description
333	333	61.7448 Acres
334	334	(2,689,603 Square Feet)
335	335	All that certain 61.7448 acre (2,689,603 square foot) tract
336	336	of land situated in the Miguel Muldoon 2 League Grant, Abstract
337	337	Number 18, Galveston County, Texas, and being out of a part of that
338	338	certain call 93 acre tract described in a deed to Solomen J. Gordy
339	339	in Volume 485, Page 475, of the Galveston County Deed Records
340	340	(G.C.D.R.), said 61,7448 acre tract being more particularly
341	341	described by metes and bounds as follows: (All bearings are based
342	342	on the Texas State Plane Coordinate System, South Central Zone
343	343	Commending at a 5/8 inch iron rod with plastic cap stamped
344	344	"BENCHMARK ENGR." Set in the recognized southerly line of the said
345	345	Muldoon 2, League Grant and said 93 acre tract for the southwest
346	346	corner of that certain call 10l.709 acre tract described in a deed
347	347	to Houston Lighting and Power (H.L.&P.) Company in Volume 1563,
348	348	Page 669, of the GC.D.R., same being in the northerly line of a call
349	349	639.740 acre tract described in a deed to Weems, Kelsey Management
350	350	Company No. 2 LTD. in Volume 2252, Page 880, of the G.C.D.R., for
351	351	the southeast corner of the herein described tract;
352	352	Thence, with the northerly line of said 639.740 acre tract
353	353	and the southerly line of said 93 acre tract and the herein
354	354	described tract, South 47 Degrees 33 Minutes 12 Seconds West, a
355	355	distance of 1175.93 feet to a 5/8 inch iron rod with plastic cap
356	356	stamped "BENCHMARK ENGR." set for the most southerly southeast
357	357	corner and Point of Beginning of the herein described tract;
358	358	Thence, continuing along the northerly line of said 639.740
359	359	acre tract and southerly line of said 93 acre tract an the herein
360	360	described tract, South 47 Degrees 33 Minutes 12 Seconds West, at
361	361	522.87 feet pass a 5/8 inch iron rod with a Texas Department of
362	362	Transportation (TXDOT) aluminum disk found for the intersection of
363	363	the southerly line of said 93 acre tract with the northerly
364	364	right-of-way (R.O.W.) line and point of curvature of State Highway
365	365	Number 96 (SH96), and continue, in all, a distance of 1145.99 feet
366	366	to a 5/8 inch iron rod with plastic cap stamp "BENCHMARK ENGR." set
367	367	in the northerly R.O.W. line of said SH96 for the southwest corner
368	368	of said 93 acre tract and the herein described tract;
369	369	Thence, departing at the northerly R.O.W. line of said SH96,
370	370	and with the westerly line of said 93 acre tract and the herein
371	371	described tract, North 42 Degrees 25 Minutes 43 Seconds West, a
372	372	distance for 1501.14 feet to a 5/8 inch iron rod with plastic cap
373	373	stamped "BENCHMARK ENGR." set for the southwest corner of a call
374	374	57,1644 acre tract described in a deed to Galveston County, Texas in
375	375	Galveston County Clerk's File (G.C.C.F.) Number 9041097 and the
376	376	northwest corner of said 93 acre tract and the herein described
377	377	tract;
378	378	Thence, with the southerly line of said 57.1644 acre tract
379	379	and the northerly line of said 93 acre tract and the herein
380	380	described tract, North 47 Degrees 34 Minutes 46 Seconds East, at
381	381	1792.35 feet pass a 1/2 inch iron rod found for the southeast corner
382	382	of said 57.1644 acre tract and the southwest corner of a call 43.41
383	383	acre tract described in a partition deed to E.T. Roberts by Susan L.
384	384	Roberts, et al, in Vol. 269, Page 581, of the G.CD.R., and continue,
385	385	in all, a distance of 2677.36 feet to a 5/8 inch iron rod with
386	386	plastic stamped "BENCHMARK ENGR." Set for the northwest corner of
387	387	said 10.709 acre tract, same being the southwest corner of a call
388	388	9.742 acre tract described in a deed to H.L.&P. Company in Volume
389	389	1587, Page 258, of the G.C.D.R., and the northeast corner of the
390	390	herein described tract;
391	391	Thence, through and across said 93 acre tract the following
392	392	(5) courses:
393	393	(1) South 29 Degrees 05 Minutes 53 Seconds East, a
394	394	distance of 753.67 feet to a 5/8 inch iron rod with plastic cap
395	395	stamped "BENCHMARK ENGR." set in the westerly line of said 10.709
396	396	acre tract for the most easterly southeast corner;
397	397	(2) South 60 Degrees 54 Minutes 07 Second West, a
398	398	distance of 800.09 feet to a 5/8 inch iron rod with plastic cap
399	399	stamped "BENCHMARK ENGR." set for an interior corner;
400	400	(3) South 29 Degrees 05 Minutes 53 Seconds East, a
401	401	distance of 129.82 feet a 5/8 inch iron rod with plastic cap stamped
402	402	"BENCHMARK ENGR." set for an interior corner;
403	403	(4) South 52 Degrees 02 Minutes 24 Seconds West, a
404	404	distance of 483.16 feet to a 5/8 inch iron rod with plastic cap
405	405	stamped "BENCHMARK ENGR." set for an interior corner;
406	406	(5) South 37 Degrees 57 Minutes 36 Seconds East, a
407	407	distance of 865.47 feet to the Point of Beginning and containing
408	408	61.7448 acres of land.
409	409	Metes and Bounds Description
410	410	0.0818 Acres
411	411	(3562Square Feet)
412	412	All that certain 0.0818 acre (3562 square foot) tract of land
413	413	situated in the Rafael Basque Survey, Abstract Number 32, Galveston
414	414	County, Texas, and being out of a part of that certain call 639.740
415	415	acre tract described in a deed to Weems & Kelsey Management Company
416	416	No. 2, LTD. in Volume 2253, Page 880 of the Galveston County Deed
417	417	Records (G.C.D.R.), said 0.0818 acre tract being more particularly
418	418	described by metes and bounds as follows: (All bearings are based
419	419	on the Texas State Plane Coordinate System, South Central Zone)
420	420	Commencing at a 5/8 inch iron rod with ah "Texas Department of
421	421	Transportation (TXDOT) aluminum disk found at the intersection of
422	422	the northerly right-of-way (R.O.W.) line of State Highway 96
423	423	(SH96), as described in Galveston County Clerk's File (G.C.C.F.)
424	424	Number 2003036995, with the westerly R.O.W. line of a 100 feet wide
425	425	Southern Pacific Railroad R.O.W. line, and also being in the
426	426	easterly line of said 639.74 acre tract and the easterly line of a
427	427	300 foot wide Houston Lighting and Power (H.L.&P.) Company easement
428	428	recorded in Volume 1579, Page 594, of the G.C.D.R.;
429	429	Thence, with the northerly R.O.W. line of said SH96, South 60
430	430	Degrees 51 Minutes 34 Seconds West, at 300.00 feet pass a 5/8 inch
431	431	iron rod with plastic cap stamped "BENECHMARK ENGR." set at the
432	432	intersection of the westerly R.O.W. line of said 300 foot H.L.&P.
433	433	easement with the northerly R.O.W. line of said SH96, and continue,
434	434	in all, a distance of 419.45 to a 5/8 inch iron rod with plastic cap
435	435	stamped "BENCHMARK ENGR." set for the beginning of a curve to the
436	436	left, and from which a 5/8 inch iron rod with a TXDOT aluminum disk
437	437	found bears South 81 Degrees 54 Minutes 10 Seconds West, a distance
438	438	of 0.44 feet;
439	439	Thence, 1025.66 feet along the arc of said curve to the left
440	440	having a radius of 6663.37 feet, a central angle of 08 Degrees 49
441	441	Minutes 09 Seconds, and a chord that bears South 56 Degrees 26
442	442	Minutes 59 Seconds West, a distance of 1024.65 to a 5/8 inch iron
443	443	rod with plastic cap stamped "BENECHMARK ENGR." set for the
444	444	southwest corner and Point of Beginning for the herein described
445	445	tract;
446	446	Thence, 521.80 feet continuing along the arc of said curve to
447	447	the left having a radius of 6663.37 feet, a central angle of 04
448	448	Degrees 29 Minutes 12 Seconds, and a chord that bears South 49
449	449	Degrees 47 Minutes 48 Seconds West, a distance of 521,66 feet to a
450	450	5/8 inch iron rod with a TXDOT aluminum disk found in the northerly
451	451	line of said 639.740 acre tract, the southerly line of a call 93 are
452	452	tract described in a deed to Solomon J. Gardy in Volume 485, Page
453	453	75, of the G.C.D.R., and the recognized common line of the said
454	454	Basquez Survey and the Michael Muldon 2 League Grant, Abstract
455	455	Number 18, for the end of said curve and the west corner of the
456	456	herein described tract.
457	457	Thence, with a said common survey line, the northerly line of
458	458	said 639.740 acre tract and the southerly line of said 93 acre
459	459	tract, North 47 Degrees 33 Minutes 12 Seconds East, a distance of
460	460	522.87 feet to a 5/8 inch iron rod with plastic cap stamped
461	461	"BENECHMARK ENGR." set for the northeast corner of the herein
462	462	described tract;
463	463	Thence, through and across said 639.740 acre tract, South 37
464	464	Degrees 57 Minutes 36 Seconds East, a distance of 20.48 feet to the
465	465	Point of Beginning.
466	466	Metes and Bounds Description
467	467	27.0000 Acres
468	468	(1,176,121 Square Feet)
469	469	All that certain 27.0000 acre (1,176,121 square foot) tract
470	470	of land situated in the Miguel Muldoon 2 League Grant, Abstract
471	471	Number 18, and the Rafael Basquez Survey, Abstract Number 32, both
472	472	in Galveston County, Texas, and being out of a part of that certain
473	473	call 93 acre tract described in a deed to Solomon J. Gordy in Volume
474	474	485, Page 475, of the Galveston County Deed Records (G.C.D.R.), and
475	475	further cited in a Special Warranty Deed dated March 5, 2001 and
476	476	recorded in Galveston County Clerk's File (G.C.C.F.) Number
477	477	2001010526, said 27.0000 acre tract being more particularly
478	478	described by metes and bounds as follows: (All bearings are based
479	479	on the Texas State Plane Coordinate System, South Central Zone)
480	480	Commencing at a 5/8 inch iron rod with a Texas Department of
481	481	Transportation (TXDOT) aluminum disk found at the intersection of
482	482	the north right-of-way (R.O.W.) line of State Highway 96 with the
483	483	west R.O.W. line of a 100 foot wide Southern Pacific Railroad R.O.W.
484	484	line, and also being in the east line of that certain call 639.74
485	485	acre tract described in a deed to Weems & Kelsey Management Company
486	486	No. 2, LTD. in Volume 2253, Page 880 of the G.C.D.R., and the east
487	487	line of a 388 foot wide Houston Lighting and Power (H.L.&P.) Company
488	488	easement recorded in Volume 1579, Page 594, of the G.C.D.R.;
489	489	Thence, with the north R.O.W. line of said State Highway 96,
490	490	South 60 Degrees 51 Minutes 34 Seconds West, a distance of 300.00
491	491	feet to a 5/8 inch iron rod with plastic cap stamped "BENCHMARK
492	492	ENGR." set in the west R.O.W. line of said 300 foot H.L.&P. easement
493	493	for the southeast corner and Point of Beginning of the herein
494	494	described tract;
495	495	Thence, continuing with the north R.O.W. line of said State
496	496	Highway 96 and the south line of the herein described tract, South
497	497	60 Degrees 51 Minutes 34 Seconds West, a distance of 119.45 feet to
498	498	a 5/8 inch iron rod with plastic cap stamped "BENCHMARK ENGR." set
499	499	for the beginning of a curve to the left and from which a 5/8 inch
500	500	rod with a TXDOT aluminum disk found bears South 81 Degrees 54
501	501	Minutes 10 Seconds West, a distance of 0.44 feet;
502	502	Thence, 1025.66 feet along the arc of said curve to the left
503	503	having a radius of 6663.37 feet, a central angle of 08 Degrees 49
504	504	Minutes 09 Seconds, and a chord that bears South 56 Degrees 26
505	505	Minutes 59 Seconds West, a distance of 1024.65 feet to a 5/8 inch
506	506	iron rod with plastic cap stamped "BENCHMARK ENGR." set for the
507	507	southwest corner of the herein described tract;
508	508	Thence, departing the north R.O.W. line of said State Highway
509	509	96, and through and acres said 93 acre tract, the following four (4)
510	510	courses:
511	511	1) North 37 Degrees 57 Minutes 36 Seconds West, a
512	512	distance of 885.96 feet to a 5/8 inch iron rod with plastic cap
513	513	stamped "BENCHMARK ENGR." set for the northwest corner;
514	514	2) North 52 Degrees 02 Minutes 24 Seconds East, a
515	515	distance of 483.16 feet to a 5/8 inch iron rod with plastic cap
516	516	stamped "BENCHMARK ENGR." set for an interior corner;
517	517	3) North 29 Degrees 05 Minutes 53 Seconds West, a
518	518	distance of 129.82 feet to 5/8 inch iron rod with plastic cap
519	519	stamped "BENCHMARK ENGR." set for an interior corner;
520	520	4) North 60 Degrees 54 Minutes 07 Secnds East, a
521	521	distance of 800.09 feet to a 5/8 inch iron rod with plastic cap
522	522	stamped "BENCHMARK ENGR." set in the west line of a call 10.709
523	523	Houston Power and Light (H.L.&P.) acre fee strip for the northeast
524	524	corner of the herein described tract;
525	525	Thence, with the west line of said H.L.&P. Fee strip and the
526	526	east line of the herein described tract, South 29 Degrees 05 Minutes
527	527	53 Seconds Eat, at 787.90 feet pass the southwest corner of said
528	528	10.709 acre tract and the northwest corner of said H.L.&P. 330 foot
529	529	wide easement and continue, in all, a distance of 1000.00 feet to
530	530	the Point of Beginning and containing 27.0000 acres of land.
531	531	SECTION 3. (a) The legal notice of the intention to
532	532	introduce this Act, setting forth the general substance of this
533	533	Act, has been published as provided by law, and the notice and a
534	534	copy of this Act have been furnished to all persons, agencies,
535	535	officials, or entities to which they are required to be furnished
536	536	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
537	537	Government Code.
538	538	(b) The governor, one of the required recipients, has
539	539	submitted the notice and Act to the Texas Commission on
540	540	Environmental Quality.
541	541	(c) The Texas Commission on Environmental Quality has filed
542	542	its recommendations relating to this Act with the governor,
543	543	lieutenant governor, and speaker of the house of representatives
544	544	within the required time.
545	545	(d) All requirements of the constitution and laws of this
546	546	state and the rules and procedures of the legislature with respect
547	547	to the notice, introduction, and passage of this Act have been
548	548	fulfilled and accomplished.
549	549	SECTION 4. (a) Section 3976.0307, Special District Local
550	550	Laws Code, as added by Section 1 of this Act, takes effect only if
551	551	this Act receives a two-thirds vote of all the members elected to
552	552	each house.
553	553	(b) If this Act does not receive a two-thirds vote of all the
554	554	members elected to each house, Subchapter C, Chapter 3976, Special
555	555	District Local Laws Code, as added by Section 1 of this Act, is
556	556	amended by adding Section 3976.0307 to read as follows:
557	557	Sec. 3976.0307. NO EMINENT DOMAIN POWER. The district may
558	558	not exercise the power of eminent domain.
559	559	(c) This section is not intended to be an expression of a
560	560	legislative interpretation of the requirements of Section 17(c),
561	561	Article I, Texas Constitution.
562	562	SECTION 5. This Act takes effect September 1, 2019.