Texas 2019 - 86th Regular

Texas Senate Bill SB2491 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 86R6954 BRG-F
22 By: Kolkhorst S.B. No. 2491
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Harris County Municipal Utility
88 District No. 566; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 8037 to read as follows:
1414 CHAPTER 8037. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 566
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 8037.0101. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Commission" means the Texas Commission on
1919 Environmental Quality.
2020 (3) "Director" means a board member.
2121 (4) "District" means the Harris County Municipal
2222 Utility District No. 566.
2323 Sec. 8037.0102. NATURE OF DISTRICT. The district is a
2424 municipal utility district created under Section 59, Article XVI,
2525 Texas Constitution.
2626 Sec. 8037.0103. CONFIRMATION AND DIRECTOR ELECTION
2727 REQUIRED. The temporary directors shall hold an election to
2828 confirm the creation of the district and to elect five permanent
2929 directors as provided by Section 49.102, Water Code.
3030 Sec. 8037.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3131 temporary directors may not hold an election under Section
3232 8037.0103 until each municipality in whose corporate limits or
3333 extraterritorial jurisdiction the district is located has
3434 consented by ordinance or resolution to the creation of the
3535 district and to the inclusion of land in the district.
3636 Sec. 8037.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3737 (a) The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 8037.0106. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act enacting this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act enacting this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 SUBCHAPTER B. BOARD OF DIRECTORS
5959 Sec. 8037.0201. GOVERNING BODY; TERMS. (a) The district is
6060 governed by a board of five elected directors.
6161 (b) Except as provided by Section 8037.0202, directors
6262 serve staggered four-year terms.
6363 Sec. 8037.0202. TEMPORARY DIRECTORS. (a) The temporary
6464 board consists of:
6565 (1) Philip Ghutzman;
6666 (2) Todd Dillingham;
6767 (3) Caitlin Doonan;
6868 (4) Nolan Mainguy; and
6969 (5) Robert Frost.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 8037.0103; or
7373 (2) the fourth anniversary of the effective date of
7474 the Act enacting this chapter.
7575 (c) If permanent directors have not been elected under
7676 Section 8037.0103 and the terms of the temporary directors have
7777 expired, successor temporary directors shall be appointed or
7878 reappointed as provided by Subsection (d) to serve terms that
7979 expire on the earlier of:
8080 (1) the date permanent directors are elected under
8181 Section 8037.0103; or
8282 (2) the fourth anniversary of the date of the
8383 appointment or reappointment.
8484 (d) If Subsection (c) applies, the owner or owners of a
8585 majority of the assessed value of the real property in the district
8686 may submit a petition to the commission requesting that the
8787 commission appoint as successor temporary directors the five
8888 persons named in the petition. The commission shall appoint as
8989 successor temporary directors the five persons named in the
9090 petition.
9191 SUBCHAPTER C. POWERS AND DUTIES
9292 Sec. 8037.0301. GENERAL POWERS AND DUTIES. The district
9393 has the powers and duties necessary to accomplish the purposes for
9494 which the district is created.
9595 Sec. 8037.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9696 DUTIES. The district has the powers and duties provided by the
9797 general law of this state, including Chapters 49 and 54, Water Code,
9898 applicable to municipal utility districts created under Section 59,
9999 Article XVI, Texas Constitution.
100100 Sec. 8037.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101101 52, Article III, Texas Constitution, the district may design,
102102 acquire, construct, finance, issue bonds for, improve, operate,
103103 maintain, and convey to this state, a county, or a municipality for
104104 operation and maintenance macadamized, graveled, or paved roads, or
105105 improvements, including storm drainage, in aid of those roads.
106106 Sec. 8037.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 8037.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 Sec. 8037.0306. DIVISION OF DISTRICT. (a) The district may
126126 be divided into two or more new districts only if:
127127 (1) the district has no outstanding bonded debt; and
128128 (2) the district is not imposing ad valorem taxes.
129129 (b) This chapter applies to any new district created by the
130130 division of the district, and a new district has all the powers and
131131 duties of the district.
132132 (c) Any new district created by the division of the district
133133 may not, at the time the new district is created, contain any land
134134 outside the area described by Section 2 of the Act creating this
135135 chapter.
136136 (d) The board, on its own motion or on receipt of a petition
137137 signed by the owner or owners of a majority of the assessed value of
138138 the real property in the district, may adopt an order dividing the
139139 district.
140140 (e) The board may adopt an order dividing the district
141141 before or after the date the board holds an election under Section
142142 8037.0103 to confirm the creation of the district.
143143 (f) An order dividing the district shall:
144144 (1) name each new district;
145145 (2) include the metes and bounds description of the
146146 territory of each new district;
147147 (3) appoint temporary directors for each new district;
148148 and
149149 (4) provide for the division of assets and liabilities
150150 between or among the new districts.
151151 (g) On or before the 30th day after the date of adoption of
152152 an order dividing the district, the district shall file the order
153153 with the commission and record the order in the real property
154154 records of each county in which the district is located.
155155 (h) Any new district created by the division of the district
156156 shall hold a confirmation and directors' election as required by
157157 Section 8037.0103.
158158 (i) If the creation of the new district is confirmed, the
159159 new district shall provide the election date and results to the
160160 commission.
161161 (j) Any new district created by the division of the district
162162 must hold an election as required by this chapter to obtain voter
163163 approval before the district may impose a maintenance tax or issue
164164 bonds payable wholly or partly from ad valorem taxes.
165165 (k) Municipal consent to the creation of the district and to
166166 the inclusion of land in the district granted under Section
167167 8037.0104 acts as municipal consent to the creation of any new
168168 district created by the division of the district and to the
169169 inclusion of land in the new district.
170170 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171171 Sec. 8037.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
172172 The district may issue, without an election, bonds and other
173173 obligations secured by:
174174 (1) revenue other than ad valorem taxes; or
175175 (2) contract payments described by Section 8037.0403.
176176 (b) The district must hold an election in the manner
177177 provided by Chapters 49 and 54, Water Code, to obtain voter approval
178178 before the district may impose an ad valorem tax or issue bonds
179179 payable from ad valorem taxes.
180180 (c) The district may not issue bonds payable from ad valorem
181181 taxes to finance a road project unless the issuance is approved by a
182182 vote of a two-thirds majority of the district voters voting at an
183183 election held for that purpose.
184184 Sec. 8037.0402. OPERATION AND MAINTENANCE TAX. (a) If
185185 authorized at an election held under Section 8037.0401, the
186186 district may impose an operation and maintenance tax on taxable
187187 property in the district in accordance with Section 49.107, Water
188188 Code.
189189 (b) The board shall determine the tax rate. The rate may not
190190 exceed the rate approved at the election.
191191 Sec. 8037.0403. CONTRACT TAXES. (a) In accordance with
192192 Section 49.108, Water Code, the district may impose a tax other than
193193 an operation and maintenance tax and use the revenue derived from
194194 the tax to make payments under a contract after the provisions of
195195 the contract have been approved by a majority of the district voters
196196 voting at an election held for that purpose.
197197 (b) A contract approved by the district voters may contain a
198198 provision stating that the contract may be modified or amended by
199199 the board without further voter approval.
200200 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201201 Sec. 8037.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202202 OBLIGATIONS. The district may issue bonds or other obligations
203203 payable wholly or partly from ad valorem taxes, impact fees,
204204 revenue, contract payments, grants, or other district money, or any
205205 combination of those sources, to pay for any authorized district
206206 purpose.
207207 Sec. 8037.0502. TAXES FOR BONDS. At the time the district
208208 issues bonds payable wholly or partly from ad valorem taxes, the
209209 board shall provide for the annual imposition of a continuing
210210 direct ad valorem tax, without limit as to rate or amount, while all
211211 or part of the bonds are outstanding as required and in the manner
212212 provided by Sections 54.601 and 54.602, Water Code.
213213 Sec. 8037.0503. BONDS FOR ROAD PROJECTS. At the time of
214214 issuance, the total principal amount of bonds or other obligations
215215 issued or incurred to finance road projects and payable from ad
216216 valorem taxes may not exceed one-fourth of the assessed value of the
217217 real property in the district.
218218 SECTION 2. The Harris County Municipal Utility District No.
219219 566 initially includes all the territory contained in the following
220220 area:
221221 TRACT 1 - 538.890 ACRES
222222 A FIELD NOTE DESCRIPTION of a 553.208 acre tract of land in
223223 the R. Walton Survey, Abstract No. 845 and in the H. Ehrenberg
224224 Survey, Abstract No. 247, Harris County, Texas; said 553.208 acre
225225 tract being Tracts 1-11 conveyed to Golden Shamrock Realty, Inc.,
226226 as recorded in Harris County Clerk's File No. P061803; said tract
227227 being more particularly described by metes-and-bounds as follows
228228 with the bearings being based on Texas State Plane Coordinate
229229 System, South Central Zone (NAD83) per GPS Observations using
230230 National Geodetic Survey Continuously Operating Reference
231231 Stations:
232232 BEGINNING at a 3/8-inch iron rod found at the intersection of
233233 the west right-of-way line of Becker Road (width varies) with the
234234 north right-of-way line of Becker Road (called 60 feet wide) for the
235235 southeast corner of said Tract 9;
236236 THENCE, South 87° 45' 45" West - 4,884.83 feet with the north
237237 line of said Becker Road and with the south line of said Tracts 7, 8,
238238 9, and 11 to a 5/8-inch iron rod found at the southeast end of a
239239 cutback corner at the intersection of the north line of said Becker
240240 Road with the east right-of-way line Katy-Hockley Road (called 60
241241 feet wide) for a southwest corner of this tract;
242242 THENCE, North 58° 07' 58" West - 46.02 feet with said cutback
243243 and with a southwest line of said Tract 7 to a 5/8-inch iron rod
244244 found for an angle point of this tract;
245245 THENCE, North 61° 37' 08" West - 85.49 feet with said cutback
246246 and with a southwest line of said Tract 7 to a 5/8-inch iron rod
247247 found for an angle point of this tract;
248248 THENCE, North 34° 22' 11" West - 42.85 feet with said cutback
249249 and with a southwest line of said Tract 7 to a 5/8-inch iron rod
250250 found for an angle point of this tract;
251251 THENCE, North 15° 13' 59" West - 53.74 feet with said cutback
252252 and with a southwest line of said Tract 7 to a 5/8-inch iron rod
253253 found for the north end of said cutback and for a southwest corner
254254 of this tract;
255255 THENCE, North 01° 44' 20" West - 1,621.49 feet with the east
256256 right-of-way line of said Katy-Hockley Road and with a west line of
257257 said Tracts 7 and 11 to a 1/2-inch iron rod found for a northwest
258258 corner of this tract;
259259 THENCE, North 88° 16' 31" East - 20.06 feet with a south line
260260 of a 17.4152 acre tract of land conveyed to G. Robert Friedman,
261261 Trustee, as recorded in Harris County Clerk's File No. 20070505569
262262 and with a north line of said Tract 11 to a 5/8-inch iron rod found
263263 for an angle point of this tract;
264264 THENCE, South 48° 17' 22" East - 14.54 feet with a southwest
265265 line of said 17.4152 acre tract and with a northeast line of said
266266 Tract 11 to a 5/8-inch iron rod found for an angle point of this
267267 tract;
268268 THENCE, North 88° 16' 31" East - 1,711.59 feet with a south
269269 line of said 17.4152 acre tract, with the south line of a 11.6869
270270 acre tract of land conveyed to Michael A. Nassie, as recorded in
271271 Harris County Clerk's File No. N345641 and with a north line of said
272272 Tract 11 to a 1/2-inch iron rod found for an angle point of this
273273 tract;
274274 THENCE, North 43° 01' 23" East - 14.08 feet with a southeast
275275 line of said 11.6869 acre tract and with a northwest line of said
276276 Tract 11 to a 1/2-inch iron rod found for an angle point of this
277277 tract;
278278 THENCE, North 02° 13' 45" West - 778.58 feet with the east
279279 line of said 11.6869 acre tract and with a west line of said Tract 11
280280 to a 1/2-inch iron pipe found for an interior corner of this tract;
281281 THENCE, South 80° 40' 21" West - 634.30 feet with a south line
282282 of said Tract 4 and with a north line of said 11.6869 acre tract to a
283283 5/8-inch iron rod found for an angle point of this tract;
284284 THENCE, South 88° 17' 42" West - 415.20 feet with a south line
285285 of said Tract 4, with a north line of said 11.6869 acre tract and
286286 with the north line of said 17.4152 acre tract to a 3/4-inch iron
287287 pipe found for a southwest corner of this tract;
288288 THENCE, North 01° 41' 02" West - 781.71 feet with the west
289289 line of said Tract 4 and with the east line of a 11.65 acre tract of
290290 land conveyed to Mueshke Land Holdings, L.P., as recorded in Harris
291291 County Clerk's File No. RP-2017-467581 to a 5/8-inch iron rod with
292292 cap set to replace a disturbed 5/8-inch iron rod found for an
293293 interior corner of this tract;
294294 THENCE, South 75° 49' 10" West - 240.49 feet with a south line
295295 of said Tract 11 and with the north line of said 11.65 acre tract to
296296 a 5/8-inch iron rod found for a point-of-curvature;
297297 THENCE, in a westerly direction with a south line of said
298298 Tract 11 and with the north line of said 11.65 acre tract and with a
299299 curve to the right having a radius of 1,040.00 feet, a central angle
300300 of 12° 27' 19", a length of 226.08 feet, and a chord bearing
301301 South 82° 00' 12" West - 225.64 feet to a 5/8-inch iron rod found for
302302 a point-of-tangency;
303303 THENCE, South 88° 15' 52" West - 213.28 feet with a south line
304304 of said Tract 11 and with the north line of said 11.65 acre tract to
305305 a 1/2-inch iron rod found for an angle point of this tract;
306306 THENCE, South 42° 50' 16" West - 14.04 feet with a south line
307307 of said Tract 11 and with the north line of said 11.65 acre tract to
308308 a 1/2-inch iron rod found for an angle point of this tract;
309309 THENCE, South 88° 15' 52" West - 20.00 feet with a south line
310310 of said Tract 11 and with the north line of said 11.65 acre tract to
311311 a 1/2-inch iron rod found in the east right-of-way line of said
312312 Katy-Hockley Road for an southwest corner of this tract;
313313 THENCE, North 01° 44' 20" West - 1,726.45 feet with the east
314314 right-of-way line of said Katy-Hockley Road and with a west line of
315315 said Tracts 1 and 11 to a 5/8-inch iron rod found for a northwest
316316 corner of this tract;
317317 THENCE, North 87° 12' 47" East - 20.03 feet with a north line
318318 of said Tract 11 and with a south line of a called 86.9702 acre tract
319319 of land conveyed to Hanson Aggregates, Inc., as recorded in Harris
320320 County Clerk's File No. 20070002906 to a 5/8-inch iron rod found
321321 for an angle point of this tract;
322322 THENCE, South 45° 45' 24" East - 14.40 feet with a north line
323323 of said Tract 11 and with a south line of said 86.9702 acre tract to
324324 a 1/2-inch iron rod found for an angle point of this tract and for
325325 the beginning of a non-tangent curve to the right;
326326 THENCE, in an easterly direction with a north line of said
327327 Tract 11, with a south line of said 86.9702 acre tract and with said
328328 curve to the right having a radius of 905.00 feet, a central angle
329329 of 06° 01' 18", a length of 95.11 feet, and a chord bearing South 88°
330330 44' 25" East - 95.07 feet to a 1/2-inch iron rod found for the
331331 beginning of a curve to the left;
332332 THENCE, in an easterly direction with a north line of said
333333 Tract 11, with a south line of said 86.9702 acre tract and with said
334334 curve to the left having a radius of 905.00 feet, a central angle of
335335 06° 01' 04", a length of 95.05 feet, and a chord bearing South 88° 51'
336336 58" East - 95.01 feet to a 1/2-inch iron rod found for the end of
337337 said curve;
338338 THENCE, North 88° 15' 22" East - 970.65 feet with a north line
339339 of said Tract 11 and with a south line of said 86.9702 acre tract to
340340 a 1/2-inch iron rod found for the beginning of a curve to the left;
341341 THENCE, in a northeasterly direction with a northwest line of
342342 said Tract 11, with a southeast line of said 86.9702 acre tract and
343343 with said curve to the left having a radius of 1,950.00 feet, a
344344 central angle of 47° 52' 44", a length of 1,629.50 feet, and a chord
345345 bearing North 64° 20' 50" East - 1,582.50 feet to a 5/8-inch iron
346346 rod found for a the end of said curve;
347347 THENCE, North 40° 22' 55" East - 512.17 feet with a northwest
348348 line of said Tract 11 and with a southeast line of said 86.9702 acre
349349 tract to a 1/2-inch iron rod found in the southwest line of the
350350 Southern Pacific Railroad Company right-of-way for a north corner
351351 of this tract;
352352 THENCE, South 68° 07' 51" East - 2,152.18 feet with the
353353 southwest line of said Southern Pacific Railroad Company
354354 right-of-way and with the northeast line of said Tracts 11 and 3 to
355355 a 5/8-inch iron rod with cap that could not be read found in the west
356356 right-of-way line of said Becker Road for a northeast corner of this
357357 tract;
358358 THENCE, South 02° 00' 38" East - 50.88 feet with the west
359359 right-of-way line of said Becker Road, as recorded in Harris County
360360 Clerk's File No. 20100142826 and with the east line of said Tract 3
361361 to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for the
362362 beginning of a curve to the left;
363363 THENCE, in a southerly direction with the west right-of-way
364364 line of said Becker Road and with said curve to the left having a
365365 radius of 2,015.00 feet, a central angle of 05° 43' 55", a length of
366366 201.58 feet and a chord bearing South 04° 52' 36" East - 201.50 feet
367367 to a 5/8-inch iron rod with cap stamped "Amani Eng" found for the
368368 beginning of a curve to the right;
369369 THENCE, in a southerly direction with the west right-of-way
370370 line of said Becker Road and with said curve to the right having a
371371 radius of 1,985.00 feet, a central angle of 05° 43' 55", a length of
372372 198.58 feet and a chord bearing South 04° 52' 36" East - 198.50 feet
373373 to a 5/8-inch iron rod with cap that could not be read found for the
374374 end of said curve;
375375 THENCE, South 02° 01' 06" East - 1,609.77 feet with the west
376376 right-of-way line of said Becker Road to a 5/8-inch iron rod with
377377 cap stamped "T.E.A.M." set for a southeast corner of this tract;
378378 THENCE, South 87° 56' 49" West - 509.75 feet with a south line
379379 of said Tract 6 and with the north line of a 3.6295 acre tract of
380380 land conveyed to Harris County, as recorded in Harris County
381381 Clerk's File No. 20100142826 to a 5/8-inch iron rod with cap
382382 stamped "Amani Eng" found for an interior corner of this tract;
383383 THENCE, South 02° 01' 53" East - 310.02 feet with an east line
384384 of said Tract 6 and with the west line of said 3.6295 acre tract to a
385385 5/8-inch iron rod with cap that could not be read found for an
386386 interior corner of this tract;
387387 THENCE, North 87° 56' 49" East - 546.24 feet with a north line
388388 of said Tract 6 and with the south line of said 3.6295 acre tract to
389389 a 5/8-inch iron rod with cap that could not be read for a northeast
390390 corner of this tract;
391391 THENCE, South 01° 59' 46" East - 2,622.08 feet with an east
392392 line of said Tracts 6, 9, and 11 and with the west right-of-way line
393393 of said Becker Road to the POINT OF BEGINNING and containing 553.208
394394 acres of land.
395395 SAVE AND EXCEPT 14.318 ACRES:
396396 A FIELD NOTE DESCRIPTION of a 14.318 acre tract of land in the
397397 R. Walton Survey, Abstract No. 845 and in the H. Ehrenberg Survey,
398398 Abstract No. 247, Harris County, Texas; said 14.318 acre tract
399399 being all of a tract of land conveyed to Dennis N. Johnston,
400400 Trustee, as recorded in Harris County Clerk's File No. 20070541784;
401401 said tract being more particularly described by metes-and-bounds as
402402 follows with the bearings being based on Texas State Plane
403403 Coordinate System, South Central Zone (NAD83) per GPS Observations
404404 using National Geodetic Survey Continuously Operating Reference
405405 Stations:
406406 COMMENCING FOR REFERENCE at a 3/8-inch iron rod found at the
407407 intersection of the west right-of-way line of Becker Road (width
408408 varies) with the north right-of-way line of Becker Road (called 60
409409 feet wide) for the southeast corner of Tract 9 conveyed to Golden
410410 Shamrock Realty, Inc., as recorded in Harris County Clerk's File
411411 No. P061803;
412412 THENCE, South 87° 45' 45" West - 3,175.48 feet with the north
413413 line of said Becker Road and with the south line of Tracts 8, 9, and
414414 11 conveyed to Golden Shamrock Realty, Inc., as recorded in Harris
415415 County Clerk's File No. P061803 to a 1/2-inch iron rod found for a
416416 southwest corner of said Lot 8 and for a southeast corner of said
417417 Lot 11;
418418 THENCE, North 02° 13' 45" West - 20.00 feet with the west line
419419 of said Lot 8 and with an east line of said Lot 11 to an angle point;
420420 THENCE, North 47° 13' 45" West - 14.14 feet with the southwest
421421 line of said Lot 8 and with a northeast line of said Lot 11 to an
422422 angle point;
423423 THENCE, North 02° 13' 45" West - 2,522.28 feet to a 1/2-inch
424424 iron rod found for a northwest corner of a 44.659 acre tract of
425425 land, described as Tract 5, conveyed to Golden Shamrock Realty,
426426 Inc., as recorded in Harris County Clerk's File No. P061803 and for
427427 the southwest corner and POINT OF BEGINNING of this tract;
428428 THENCE, North 02° 13' 45" West - 277.84 feet with an east line
429429 of said Tract 11 to a 1/2-inch iron rod found for the beginning of a
430430 curve to the left;
431431 THENCE, in a northerly direction with an east line of said
432432 Tract 11 and with said curve to the left having a radius of 1,040.00
433433 feet, a central angle of 11° 57' 32", a length of 217.07 feet, and a
434434 chord bearing North 08° 12' 09" West - 216.68 feet to a 1/2-inch
435435 iron rod found for the end of said curve;
436436 THENCE, North 14° 14' 28" West - 416.05 feet with an east line
437437 of said Tract 11 to a 5/8-inch iron rod with cap that could not be
438438 read found for a northwest corner of this tract;
439439 THENCE, North 30° 47' 21" East - 14.13 feet with a southeast
440440 line of said Tract 11 to a 1/2-inch iron rod found for a northwest
441441 corner of this tract;
442442 THENCE, North 75° 49' 10" East - 635.42 feet with a south line
443443 of said Tract 11 to a 1/2-inch iron rod found for the northeast
444444 corner of this tract;
445445 THENCE, South 14° 10' 18" East - 951.30 feet with a west line
446446 of said Tract 5 to a 1/2-inch iron rod found for the southeast
447447 corner of this tract;
448448 THENCE, South 75° 49' 02" West - 278.02 feet with a north line
449449 of said Tract 5 to a 1/2-inch iron rod found for an angle point of
450450 this tract;
451451 THENCE, South 80° 40' 21" West - 448.51 feet with a north line
452452 of said Tract 5 to the POINT OF BEGINNING and containing 14.318
453453 acres of land, leaving a surveyed area of 538.890 acres.
454454 TRACT 2 - 557.308 ACRES
455455 A FIELD NOTE DESCRIPTION of a 557.308 acre tract of land in
456456 the H. Ehrenberg Survey, Abstract No. 247, Harris County, Texas;
457457 said 557.308 acre tract being the remainder of a 850 acre tract of
458458 land conveyed to Gold Star Realty, Inc., as recorded in Harris
459459 County Clerk's File No. P114056; said tract being more particularly
460460 described by metes-and-bounds as follows with the bearings being
461461 based on Texas State Plane Coordinate System, South Central Zone
462462 (NAD83) per GPS Observations using National Geodetic Survey
463463 Continuously Operating Reference Stations:
464464 BEGINNING at a 3/8-inch iron rod found in the south
465465 right-of-way line of Becker Road (called 60 feet wide) for the
466466 northwest corner of said 850 acre tract and for the northwest corner
467467 of this tract;
468468 THENCE, North 87° 29' 54" East - 1,605.31 feet with the south
469469 right-of-way line of said Becker Road to a 5/8-inch iron rod with
470470 cap stamped "T.E.A.M." set for the northwest end of a radial cutback
471471 at the intersection of the south right-of-way line of said Becker
472472 Road with the west right-of-way line of Katy-Hockley Cut-Off Road
473473 (called 60 feet wide) for a point-of-curvature;
474474 THENCE, in a southeasterly direction with said cutback and
475475 with a curve to the right having a radius of 173.75 feet, a central
476476 angle of 89° 51' 04", a length of 272.47 feet, and a chord bearing
477477 South 47° 34' 29" East - 245.40 feet to a 5/8-inch iron rod with cap
478478 stamped "T.E.A.M." set for a point-of-tangency;
479479 THENCE, South 02° 38' 58" East - 4,770.88 feet with the west
480480 line of said Katy-Hockley Cut-Off Road to a point in a headwall for
481481 the southeast corner of said 850 acre tract and for the southeast
482482 corner of this tract;
483483 THENCE, South 87° 42' 31" West - 5,577.00 feet with the north
484484 line of a 74.109 acre tract of land conveyed to Gold Star Realty,
485485 Inc., as recorded in Harris County Clerk's File No. U987281, with
486486 the north line of a 72.8256 acre tract conveyed to Minero Holdings,
487487 LLC, as recorded in Harris County Clerk's File No. RP-2016-333873
488488 and with the north line of a 94.107 acre tract conveyed to Cypress
489489 Prairie Mitigation, Inc., as recorded in Harris County Clerk's File
490490 No. RP-2017-220630 to a 1/2-inch iron rod found for the southwest
491491 corner of this tract; from which a 1-inch iron rod found for an
492492 interior corner of said 850 acres bears North 87° 42' 31" East -
493493 194.97 feet;
494494 THENCE, North 02° 39' 04" West - 4,095.43 feet to a 1/2-inch
495495 iron rod found for a northwest corner of said 850 acre tract and for
496496 the northwest corner of this tract;
497497 THENCE, North 88° 14' 06" East - 3,786.97 feet with a south
498498 line of a tract of land conveyed to 290 WR Holdings LP, as recorded
499499 in Harris County Clerk's File No. RP-2017-245403 to a 5/8-inch iron
500500 rod with cap stamped "T.E.A.M." set to replace a disturbed 3/8-inch
501501 iron rod for an interior corner of this tract;
502502 THENCE, North 01° 52' 21" West - 877.02 feet with a west line
503503 of said 850 acre tract to the POINT OF BEGINNING and containing
504504 557.308 acres of land.
505505 SECTION 3. (a) The legal notice of the intention to
506506 introduce this Act, setting forth the general substance of this
507507 Act, has been published as provided by law, and the notice and a
508508 copy of this Act have been furnished to all persons, agencies,
509509 officials, or entities to which they are required to be furnished
510510 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
511511 Government Code.
512512 (b) The governor, one of the required recipients, has
513513 submitted the notice and Act to the Texas Commission on
514514 Environmental Quality.
515515 (c) The Texas Commission on Environmental Quality has filed
516516 its recommendations relating to this Act with the governor, the
517517 lieutenant governor, and the speaker of the house of
518518 representatives within the required time.
519519 (d) All requirements of the constitution and laws of this
520520 state and the rules and procedures of the legislature with respect
521521 to the notice, introduction, and passage of this Act are fulfilled
522522 and accomplished.
523523 SECTION 4. (a) If this Act does not receive a two-thirds
524524 vote of all the members elected to each house, Subchapter C, Chapter
525525 8037, Special District Local Laws Code, as added by Section 1 of
526526 this Act, is amended by adding Section 8037.0307 to read as follows:
527527 Sec. 8037.0307. NO EMINENT DOMAIN POWER. The district may
528528 not exercise the power of eminent domain.
529529 (b) This section is not intended to be an expression of a
530530 legislative interpretation of the requirements of Section 17(c),
531531 Article I, Texas Constitution.
532532 SECTION 5. This Act takes effect immediately if it receives
533533 a vote of two-thirds of all the members elected to each house, as
534534 provided by Section 39, Article III, Texas Constitution. If this
535535 Act does not receive the vote necessary for immediate effect, this
536536 Act takes effect September 1, 2019.