Texas 2021 - 87th Regular

Texas Senate Bill SB2153 Compare Versions

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

Old	New	Differences
1	1	87R10945 MP-F
2	2	By: Kolkhorst S.B. No. 2153
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend County Municipal Utility
8	8	District No. 251; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7915A to read as follows:
14	14	CHAPTER 7915A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 251
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7915A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Fort Bend County Municipal
22	22	Utility District No. 251.
23	23	Sec. 7915A.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7915A.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7915A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7915A.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7915A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7915A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7915A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7915A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7915A.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Adam Baker;
66	66	(2) Justin Waggoner;
67	67	(3) Michael Binick;
68	68	(4) Tyler Horne; and
69	69	(5) Eric Vanderbilt.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7915A.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7915A.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7915A.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	Sec. 7915A.0203. DESIGNATED BOARD MEETING LOCATION. (a)
92	92	The board shall designate a meeting place inside the district for
93	93	conducting the meetings of the board. The meeting place designated
94	94	may be a private residence or office, provided that, in the order
95	95	designating the meeting place, the board declares the place where
96	96	the meeting is held to be a public place and invites the public to
97	97	attend any meeting of the board held in that place.
98	98	(b) If the board establishes that no suitable place exists
99	99	for meeting inside the district, the board may designate a meeting
100	100	place outside the district. The board shall give notice of the
101	101	location of a meeting place outside the district by:
102	102	(1) filing a copy of the resolution designating the
103	103	location and a justification of why the meeting will not be held in
104	104	the district or within 10 miles of the boundary of the district, if
105	105	applicable, with the commission; and
106	106	(2) publishing notice of the location in a newspaper
107	107	of general circulation in the district.
108	108	(c) If the board changes the location of a meeting place
109	109	outside the district, the board shall give notice of the change in
110	110	the manner described by Subsection (b).
111	111	SUBCHAPTER C. POWERS AND DUTIES
112	112	Sec. 7915A.0301. GENERAL POWERS AND DUTIES. The district
113	113	has the powers and duties necessary to accomplish the purposes for
114	114	which the district is created.
115	115	Sec. 7915A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
116	116	DUTIES. The district has the powers and duties provided by the
117	117	general law of this state, including Chapters 49 and 54, Water Code,
118	118	applicable to municipal utility districts created under Section 59,
119	119	Article XVI, Texas Constitution.
120	120	Sec. 7915A.0303. AUTHORITY FOR ROAD PROJECTS. Under
121	121	Section 52, Article III, Texas Constitution, the district may
122	122	design, acquire, construct, finance, issue bonds for, improve,
123	123	operate, maintain, and convey to this state, a county, or a
124	124	municipality for operation and maintenance macadamized, graveled,
125	125	or paved roads, or improvements, including storm drainage, in aid
126	126	of those roads.
127	127	Sec. 7915A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
128	128	road project must meet all applicable construction standards,
129	129	zoning and subdivision requirements, and regulations of each
130	130	municipality in whose corporate limits or extraterritorial
131	131	jurisdiction the road project is located.
132	132	(b) If a road project is not located in the corporate limits
133	133	or extraterritorial jurisdiction of a municipality, the road
134	134	project must meet all applicable construction standards,
135	135	subdivision requirements, and regulations of each county in which
136	136	the road project is located.
137	137	(c) If the state will maintain and operate the road, the
138	138	Texas Transportation Commission must approve the plans and
139	139	specifications of the road project.
140	140	Sec. 7915A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
141	141	ORDINANCE OR RESOLUTION. The district shall comply with all
142	142	applicable requirements of any ordinance or resolution that is
143	143	adopted under Section 54.016 or 54.0165, Water Code, and that
144	144	consents to the creation of the district or to the inclusion of land
145	145	in the district.
146	146	Sec. 7915A.0306. DIVISION OF DISTRICT. (a) The district
147	147	may be divided into two or more new districts only if the district:
148	148	(1) has no outstanding bonded debt; and
149	149	(2) is not imposing ad valorem taxes.
150	150	(b) This chapter applies to any new district created by
151	151	division of the district, and a new district has all the powers and
152	152	duties of the district.
153	153	(c) A new district created by the division of the district
154	154	may not, at the time the new district is created, contain any land
155	155	outside the area described by Section 2 of the Act enacting this
156	156	chapter.
157	157	(d) The board, on its own motion or on receipt of a petition
158	158	signed by the owner or owners of a majority of the assessed value of
159	159	the real property in the district, may adopt an order dividing the
160	160	district.
161	161	(e) The board may adopt an order dividing the district
162	162	before or after the date the board holds an election under Section
163	163	7915A.0103 to confirm the district's creation.
164	164	(f) An order dividing the district shall:
165	165	(1) name each new district;
166	166	(2) include the metes and bounds description of the
167	167	territory of each new district;
168	168	(3) appoint temporary directors for each new district;
169	169	and
170	170	(4) provide for the division of assets and liabilities
171	171	between the new districts.
172	172	(g) On or before the 30th day after the date of adoption of
173	173	an order dividing the district, the district shall file the order
174	174	with the commission and record the order in the real property
175	175	records of each county in which the district is located.
176	176	(h) A new district created by the division of the district
177	177	shall hold a confirmation and directors' election as required by
178	178	Section 7915A.0103.
179	179	(i) If the creation of the new district is confirmed, the
180	180	new district shall provide the election date and results to the
181	181	commission.
182	182	(j) A new district created by the division of the district
183	183	must hold an election as required by this chapter to obtain voter
184	184	approval before the district may impose a maintenance tax or issue
185	185	bonds payable wholly or partly from ad valorem taxes.
186	186	(k) Municipal consent to the creation of the district and to
187	187	the inclusion of land in the district granted under Section
188	188	7915A.0104 acts as municipal consent to the creation of any new
189	189	district created by the division of the district and to the
190	190	inclusion of land in the new district.
191	191	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
192	192	Sec. 7915A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
193	193	The district may issue, without an election, bonds and other
194	194	obligations secured by:
195	195	(1) revenue other than ad valorem taxes; or
196	196	(2) contract payments described by Section
197	197	7915A.0403.
198	198	(b) The district must hold an election in the manner
199	199	provided by Chapters 49 and 54, Water Code, to obtain voter approval
200	200	before the district may impose an ad valorem tax or issue bonds
201	201	payable from ad valorem taxes.
202	202	(c) The district may not issue bonds payable from ad valorem
203	203	taxes to finance a road project unless the issuance is approved by a
204	204	vote of a two-thirds majority of the district voters voting at an
205	205	election held for that purpose.
206	206	Sec. 7915A.0402. OPERATION AND MAINTENANCE TAX. (a) If
207	207	authorized at an election held under Section 7915A.0401, the
208	208	district may impose an operation and maintenance tax on taxable
209	209	property in the district in accordance with Section 49.107, Water
210	210	Code.
211	211	(b) The board shall determine the tax rate. The rate may not
212	212	exceed the rate approved at the election.
213	213	Sec. 7915A.0403. CONTRACT TAXES. (a) In accordance with
214	214	Section 49.108, Water Code, the district may impose a tax other than
215	215	an operation and maintenance tax and use the revenue derived from
216	216	the tax to make payments under a contract after the provisions of
217	217	the contract have been approved by a majority of the district voters
218	218	voting at an election held for that purpose.
219	219	(b) A contract approved by the district voters may contain a
220	220	provision stating that the contract may be modified or amended by
221	221	the board without further voter approval.
222	222	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
223	223	Sec. 7915A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
224	224	OBLIGATIONS. The district may issue bonds or other obligations
225	225	payable wholly or partly from ad valorem taxes, impact fees,
226	226	revenue, contract payments, grants, or other district money, or any
227	227	combination of those sources, to pay for any authorized district
228	228	purpose.
229	229	Sec. 7915A.0502. TAXES FOR BONDS. At the time the district
230	230	issues bonds payable wholly or partly from ad valorem taxes, the
231	231	board shall provide for the annual imposition of a continuing
232	232	direct ad valorem tax, without limit as to rate or amount, while all
233	233	or part of the bonds are outstanding as required and in the manner
234	234	provided by Sections 54.601 and 54.602, Water Code.
235	235	Sec. 7915A.0503. BONDS FOR ROAD PROJECTS. At the time of
236	236	issuance, the total principal amount of bonds or other obligations
237	237	issued or incurred to finance road projects and payable from ad
238	238	valorem taxes may not exceed one-fourth of the assessed value of the
239	239	real property in the district.
240	240	SECTION 2. The Fort Bend County Municipal Utility District
241	241	No. 251 initially includes all the territory contained in the
242	242	following area:
243	243	TRACT 1 of 2 (145.368 acres)
244	244	Being a tract containing 145.368 acres of land located in the
245	245	Jane Wilkins One League Grant, Abstract No. 96, Fort Bend County,
246	246	Texas. Said 145.368 acres being a call 145.368 acre tract of land,
247	247	styled as Tract III, recorded in the name of the 300 Acres LLC under
248	248	Fort Bend County Clerk's File (F.B.C.C.F.) No. 2017087205. Said
249	249	145.368 acres of land being more particularly described by metes
250	250	and bounds as follows (Bearings are referenced to the Texas
251	251	Coordinate System of 1983, South Central Zone, as derived from GPS
252	252	observations):
253	253	BEGINNING at a 5/8 inch capped iron rod (stamp illegible)
254	254	found at the southwest corner of said 145.368 acre tract, the
255	255	northwest corner of a call 317.812 acre tract of land, styled as
256	256	Tract One, recorded in the name of RES/VLS Real Estate Limited
257	257	Partnership under F.B.C.C.F. No. 2018058651 and being on the east
258	258	right-of-way (R.O.W.) line of Harlem Road (width varies) as
259	259	recorded in F.B.C.C.F. Nos. 2011015402 and 2015075797 and Volume
260	260	63, Page 203 of the Fort Bend County Deed Records (F.B.C.D.R.), from
261	261	which a 5/8 inch capped iron rod stamped "1943 4349 5829" bears
262	262	South 86 degrees 49 minutes 01 seconds West, a distance of 122.03
263	263	feet;
264	264	THENCE, with said east R.O.W. line, the following eight (8)
265	265	courses:
266	266	1. North 02 degrees 07 minutes 03 seconds West, a distance
267	267	of 1,332.59 feet to a 5/8 inch iron rod found (disturbed) at a point
268	268	of curvature to the left;
269	269	2. 100.26 feet along the arc of said curve, having a radius
270	270	of 23,989.95 feet, a central angle of 00 degrees 14 minutes 22
271	271	seconds, and a chord which bears North 02 degrees 14 minutes 14
272	272	seconds West, a distance of 100.26 feet to a 5/8 inch iron rod found
273	273	at a point of tangency;
274	274	3. North 02 degrees 21 minutes 25 seconds West, a distance
275	275	of 229.64 feet to a point of curvature to the left from which point a
276	276	5/8 inch iron rod found bears North 09 degrees 27 minutes 04 seconds
277	277	East, a distance of 0.42 feet;
278	278	4. 100.66 feet along the arc of said curve, having a radius
279	279	of 10,506.91 feet, a central angle of 00 degrees 32 minutes 56
280	280	seconds, and a chord which bears North 02 degrees 37 minutes 53
281	281	seconds West, a distance of 100.65 feet to a 5/8 inch capped iron
282	282	rod stamped "Landtech" found at a point of tangency;
283	283	5. North 02 degrees 54 minutes 21 seconds West, a distance
284	284	of 500.14 feet to a 5/8 inch iron rod found at a point of curvature
285	285	to the left;
286	286	6. 100.67 feet along the arc of said curve, having a radius
287	287	of 10,758.45 feet, a central angle of 00 degrees 32 minutes 10
288	288	seconds, and a chord which bears North 03 degrees 10 minutes 26
289	289	seconds West, a distance of 100.67 feet to a 5/8 inch capped iron
290	290	rod stamped "Landtech" found at a point of tangency;
291	291	7. North 03 degrees 26 minutes 31 seconds West, a distance
292	292	of 577.51 feet to a 5/8 inch capped iron rod (stamp illegible)
293	293	found;
294	294	8. North 07 degrees 26 minutes 39 seconds East, a distance
295	295	of 74.13 feet a 5/8 inch iron rod found at the northwest corner of
296	296	said 145.368 acre tract and on the south line of a call 70 foot
297	297	drainage canal (Fourth Tract) recorded in the name of Fort Bend
298	298	County Drainage District in Volume 331, Page 468, F.B.C.D.R.;
299	299	THENCE with the south line of said 70 foot drainage canal, the
300	300	following seventeen (17) courses:
301	301	1. South 60 degrees 53 minutes 52 seconds East, a distance
302	302	of 306.17 feet to a 5/8 inch iron rod found;
303	303	2. South 69 degrees 40 minutes 19 seconds East, a distance
304	304	of 478.71 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
305	305	found;
306	306	3. South 52 degrees 56 minutes 36 seconds East, a distance
307	307	of 366.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
308	308	set;
309	309	4. South 45 degrees 25 minutes 47 seconds East, a distance
310	310	of 500.58 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
311	311	found;
312	312	5. South 57 degrees 59 minutes 59 seconds East, a distance
313	313	of 355.33 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
314	314	found;
315	315	6. South 63 degrees 30 minutes 30 seconds East, a distance
316	316	of 557.67 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
317	317	found;
318	318	7. South 56 degrees 32 minutes 29 seconds East, a distance
319	319	of 237.63 feet to a 5/8 inch capped iron rod stamped "GBI Partners"
320	320	set;
321	321	8. South 47 degrees 43 minutes 07 seconds East, a distance
322	322	of 235.69 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
323	323	found;
324	324	9. South 36 degrees 54 minutes 04 seconds East, a distance
325	325	of 578.06 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
326	326	found;
327	327	10. South 51 degrees 53 minutes 46 seconds East, a distance
328	328	of 306.04 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
329	329	found;
330	330	11. South 79 degrees 35 minutes 06 seconds East, a distance
331	331	of 224.59 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
332	332	found;
333	333	12. South 70 degrees 32 minutes 04 seconds East, a distance
334	334	of 118.34 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
335	335	found;
336	336	13. South 57 degrees 43 minutes 30 seconds East, a distance
337	337	of 259.63 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
338	338	found;
339	339	14. South 72 degrees 42 minutes 40 seconds East, a distance
340	340	of 146.64 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
341	341	found;
342	342	15. North 86 degrees 24 minutes 38 seconds East, a distance
343	343	of 227.86 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
344	344	found;
345	345	16. North 77 degrees 35 minutes 31 seconds East, a distance
346	346	of 163.54 feet to a 5/8 inch capped iron rod stamped "Texas GLO"
347	347	found;
348	348	17. North 72 degrees 52 minutes 13 seconds East, a distance
349	349	of 112.09 feet to a T-post found on the west line of a call 143.287
350	350	acre tract of land, styled as Tract IV, recorded in the name of 300
351	351	Acres LLC under F.B.C.C.F. No. 2017087205;
352	352	THENCE, with said west line, South 02 degrees 59 minutes 48
353	353	seconds East, a distance of 333.45 feet to the north line of a call
354	354	107.128 acre tract of land, styled as Tract 9B, recorded in the name
355	355	of RES/VLS Real Estate Limited Partnership under F.B.C.C.F.
356	356	No. 9632563, from which point a 5/8 inch iron rod found (disturbed)
357	357	bears North 02 degrees 59 minutes 48 seconds West, a distance of
358	358	1.86 feet;
359	359	THENCE, with said north line and the north line of aforesaid
360	360	317.812 acre tract, South 86 degrees 49 minutes 01 seconds West, a
361	361	distance of 4,213.36 feet to the POINT OF BEGINNING and containing
362	362	145.368 acres of land.
363	363	TRACT 2 of 2 (89.504 net acres)
364	364	Being 143.287 acres of land in the Jane Wilkins One League
365	365	Grant, Abstract No. 96, and the Jesse H. Cartwright One League
366	366	Grant, Abstract No. l6, Fort Bend County, Texas. Said 143.287 acres
367	367	of land being that certain call 7.39 acre (Tract Six) tract of land
368	368	and that certain call 100.16 acre (Tract Seven) tract of land
369	369	recorded in the name of State of Texas, for the use and benefit of
370	370	the Permanent School Fund, under Fort Bend County Clerk's File
371	371	(F.B.C.C.F.) No. 2004060103 and amended under 2004075320, and that
372	372	certain call 35.72 acre (Part 2) tract of land recorded in the name
373	373	of State of Texas, for the use and benefit of the Permanent School
374	374	Fund, under F.B.C.C.F. No. 2004060102 and amended under
375	375	2008106694. Said 143.287 acres also being a portion of that certain
376	376	tract of land described as 957 acres in a deed dated February 19,
377	377	1908 from Mollie C. Riddick to the Board of Penitentiary
378	378	Commissioners of the State of Texas as recorded in Volume 43, Page
379	379	209 of the Fort Bend County Deed Records (F.B.C.D.R.); said 143.287
380	380	acres of land being more particularly described by metes and bounds
381	381	as follows (Bearings are referenced to the Texas Coordinate System
382	382	of 1983, South Central Zone, as derived from GPS observations):
383	383	BEGINNING at a 5/8 inch capped iron rod found in the
384	384	Southwesterly line of a call 97.179 acre (Parcel 9) tract of land
385	385	for controlled access highway facility (State Highway No. 99;
386	386	locally known as Grand Parkway) recorded in the name of Texas
387	387	Transportation Commission under F.B.C.C.F. No. 9203043, for the
388	388	Northwest corner and call Point of Beginning of said 35.72 acres;
389	389	THENCE, with said Southwesterly line and the Northeasterly
390	390	line of said 35.72 acres and said 100.l6 acres, the following three
391	391	(3) courses:
392	392	1. South 23 degrees 18 minutes 03 seconds East (call South
393	393	20 degrees 38 minutes 03 seconds East), at 864.59 feet (call 864.65
394	394	feet) pass a 5/8 inch capped iron rod set for the Northeast corner
395	395	of said 35.72 acres and the Northwest corner of said 100.16 acres,
396	396	and continuing for a total distance of 3,526.8l feet to a TXDOT disc
397	397	found for the beginning of a tangent curve to the left;
398	398	2. 1,941.45 feet (call l ,941.59 feet), along the arc of
399	399	said curve to the left, having a radius of 5,879.58 feet, a central
400	400	angle of 18 degrees 55 minutes 09 seconds (call 18 degrees 55
401	401	minutes 14 seconds), and a chord which bears South 32 degrees 45
402	402	minutes 37 seconds East (call South 30 degrees 05 minutes 42 seconds
403	403	East), a distance of l,932.64 feet (call 1,932.80 feet) to a
404	404	concrete monument found for tangency;
405	405	3. South 42 degrees 13 minutes 12 seconds East (call South
406	406	39 degrees 32 minutes 48 seconds East), a distance of 771.91 feet
407	407	(call 771.54 feet) to the North line of a call 52.12 acre tract
408	408	(Fifth Tract) recorded in the name of Sandra Ann Smith Austin in
409	409	Volume 663, Page 770 F.B.C.D.R., for the Southeast corner of said
410	410	100.16 acres, from which point a found 5/8 inch iron rod bears South
411	411	86 degrees 49 minutes 34 seconds West, a distance of 0.42 feet;
412	412	THENCE, with said North line and the South line of said 100.16
413	413	acres, South 86 degrees 49 minutes 34 seconds West, a distance of
414	414	86l.83 feet (call 861.54 feet) to the Northwest corner of said 52.12
415	415	acres, same being the Northeast corner of a call 107.128 acre tract
416	416	(Tract 9B) recorded in the name of RES/VLS Real Estate Limited
417	417	Partnership under F.B.C.C.F. No. 9632563, from which point a found
418	418	5/8 inch iron rod bears North 02 degrees 39 minutes 48 seconds West,
419	419	a distance of 0.38 feet;
420	420	THENCE, with the North line of said 107.128 acres and the
421	421	South line of said 100.16 acres, said 7.39 acres, and said 35.72
422	422	acres, South 86 degrees 49 minutes 01 seconds West, at l ,509.50
423	423	feet pass the Southwest corner of the aforementioned 7.39 acres and
424	424	the Southeast corner of the aforementioned 35.72 acres, from which
425	425	point a found 5/8 inch iron rod bears North 02 degrees 59 minutes 48
426	426	seconds West, a distance of 1.68 feet and continuing for a total
427	427	distance of 1,809.52 feet to the Southwest corner of said 35.72
428	428	acres and the Southeast corner of a call 154.59 acre tract recorded
429	429	in the name of State of Texas, for the use and benefit of the
430	430	Permanent School Fund under F.B.C.C.F. No. 2004060103 and amended
431	431	under F.B.C.C.F. No. 2004075320, from which point a found 5/8 inch
432	432	iron rod bears North 02 degrees 59 minutes 48 seconds West, a
433	433	distance of 1.86 feet;
434	434	THENCE, with the West line of said 35.72 acres, North 02
435	435	degrees 59 minutes 48 seconds West, at 333.45 feet pass the
436	436	Northeast corner of said 154.59 acres and continuing for a total
437	437	distance of 5,591.90 feet (call 5,591.99 feet) to the POINT OF
438	438	BEGINNING and containing 143.287 acres of land.
439	439	SAVE AND EXCEPT the following two tracts:
440	440	Tract A: Being a tract containing 9.477 acres of land located
441	441	in the Jane Wilkins One League Grant, Abstract No. 96, in Fort Bend
442	442	County, Texas. Said 9.477 acres being a portion of a call 143.287
443	443	acre tract of land, styled Tract IV, recorded in the name of 300
444	444	Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.)
445	445	No. 2017087205. Said 9.447 acres of land being more particularly
446	446	described by metes and bounds as follows (Bearings are referenced
447	447	to the Texas Coordinate System of 1983, South Central Zone, as
448	448	derived from GPS observations):
449	449	BEGINNING at a 5/8 inch iron rod found at the most northerly
450	450	corner of said 143.287 acre tract and being on the westerly
451	451	Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99), a controlled
452	452	access highway facility (width varies) and a call 97.179 acre tract
453	453	of land, styled Parcel 9, recorded in the name of Texas
454	454	Transportation Commission under F.B.C.C.F. No. 9203043, from which
455	455	a 5/8 inch capped iron rod stamped "Texas GLO" found at the
456	456	southeast corner of a call 168.253 acre tract of land, styled Tract
457	457	1, recorded in the name of Grand Parkway 1358 LP under F.B.C.C.F.
458	458	No. 2014037769 bears North 23 degrees 18 minutes 03 seconds West, a
459	459	distance of 5,435.63 feet;
460	460	THENCE, with said westerly R.O.W. line and west line of said
461	461	97.179 acre tract, South 23 degrees 18 minutes 03 seconds East, at a
462	462	distance of 864.57 feet pass a 5/8 inch iron rod found, and
463	463	continuing for a total distance of 1,815.94 feet to the northwest
464	464	intersection of said Grand Parkway and Owens Road (100- foot width)
465	465	as described in F.B.C.C.F. No. 2016063197;
466	466	THENCE, with the north R.O.W. line of said Owens Road, North
467	467	61 degrees 03 minutes 29 seconds West, at a distance of 0.55 feet
468	468	pass a 5/8 inch capped iron rod stamped "Town & Country" found and
469	469	continuing for a total distance of 742.55 feet to a 5/8 inch capped
470	470	iron rod stamped "Town & Country" found on the west line of said
471	471	143.287 acre tract;
472	472	THENCE, with said west line, North 02 degrees 59 minutes 48
473	473	seconds West, a distance of 1,310.29 feet to the POINT OF BEGINNING
474	474	and containing 9.477 acres of land.
475	475	Tract B: Being a tract containing 44.306 acres of land
476	476	located in the Jane Wilkins One League Grant, Abstract No. 96, in
477	477	Fort Bend County, Texas. Said 44.306 acres being a portion of a call
478	478	143.287 acre tract of land, styled Tract IV, recorded in the name of
479	479	300 Acres LLC in Fort Bend County Clerk's File (F.B.C.C.F.)
480	480	No. 2017087205. Said 44.306 acres of land being more particularly
481	481	described by metes and bounds as follows (Bearings are referenced
482	482	to the Texas Coordinate System of 1983, South Central Zone, as
483	483	derived from GPS observations):
484	484	BEGINNING at a 5/8 inch iron rod found at the intersection of
485	485	the west line of said 143.287 acre tract and the south Right-of-Way
486	486	(R.O.W.) line of Owens Road (100-foot width) as described in
487	487	F.B.C.C.F. No. 2016063197 from which a 5/8 inch iron rod found at
488	488	the most northerly corner of said 143.287 acre tract and being on
489	489	the westerly Right-of-Way (R.O.W.) line of Grand Parkway (S.H. 99),
490	490	a controlled access highway facility (width varies) and a call
491	491	97.179 acre tract of land, styled Parcel 9, recorded in the name of
492	492	Texas Transportation Commission under F.B.C.C.F. No. 9203043 bears
493	493	North 02 degrees 59 minutes 48 seconds West, a distance of 1,428.13
494	494	feet;
495	495	THENCE, with said south R.O.W. line, South 61 degrees 03
496	496	minutes 29 seconds East, at a distance of 808.78 feet pass a 5/8
497	497	inch capped iron rod stamped "Town & Country" found and continuing
498	498	for a distance of 809.33 feet to the southwest intersection of said
499	499	Owens Road and said Grand Parkway;
500	500	THENCE, with the westerly R.O.W. line of said Grand Parkway
501	501	and west line of said 97.179 acre tract, the following two (2)
502	502	courses:
503	503	1.) South 23 degrees 18 minutes 03 seconds East, a distance
504	504	of 1,547.55 feet to a Texas Department of Transportation (TXDOT)
505	505	disc found at a point of curvature to the left;
506	506	2.) 332.80 feet along the arc of said curve, having a radius
507	507	of 5,879.58 feet, a central angle of 03 degrees 14 minutes 35
508	508	seconds, and a chord which bears South 24 degrees 55 minutes 20
509	509	seconds East, a distance of 332.75 feet to a 5/8 inch capped iron
510	510	rod stamped "GBI Partners" set;
511	511	THENCE, through and across said 143.287 acre tract, South 87
512	512	degrees 00 minutes 12 seconds West, a distance of 1,348.06 feet to a
513	513	5/8 inch capped iron rod stamped "GBI Partners" set on the west line
514	514	of said 143.287 acre tract and at the southwest corner of the herein
515	515	described tract from which a T-post found on said west line and at
516	516	the northeast corner of a call 145.368 acre tract of land, styled
517	517	Tract III, recorded in the name of 300 Acres LLC in F.B.C.C.F.
518	518	2017087205 bears South 02 degrees 59 minutes 48 seconds East, a
519	519	distance of 1,642.09 feet;
520	520	THENCE, with said west line, North 02 degrees 59 minutes 48
521	521	seconds West, at a distance of 2,188.22 feet to the POINT OF
522	522	BEGINNING and containing 44.306 acres of land.
523	523	The total acreage of Tract 2 being 143.287 acres, save and
524	524	except 9.477 acres and 44.305 acres, for a total of 89.504 acres.
525	525	The total acreage of the district being 234.872 acres,
526	526	consisting of 145.368 in Tract 1 and 89.504 acres in Tract 2.
527	527	SECTION 3. (a) The legal notice of the intention to
528	528	introduce this Act, setting forth the general substance of this
529	529	Act, has been published as provided by law, and the notice and a
530	530	copy of this Act have been furnished to all persons, agencies,
531	531	officials, or entities to which they are required to be furnished
532	532	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
533	533	Government Code.
534	534	(b) The governor, one of the required recipients, has
535	535	submitted the notice and Act to the Texas Commission on
536	536	Environmental Quality.
537	537	(c) The Texas Commission on Environmental Quality has filed
538	538	its recommendations relating to this Act with the governor, the
539	539	lieutenant governor, and the speaker of the house of
540	540	representatives within the required time.
541	541	(d) All requirements of the constitution and laws of this
542	542	state and the rules and procedures of the legislature with respect
543	543	to the notice, introduction, and passage of this Act are fulfilled
544	544	and accomplished.
545	545	SECTION 4. (a) If this Act does not receive a two-thirds
546	546	vote of all the members elected to each house, Subchapter C, Chapter
547	547	7915A, Special District Local Laws Code, as added by Section 1 of
548	548	this Act, is amended by adding Section 7915A.0307 to read as
549	549	follows:
550	550	Sec. 7915A.0307. NO EMINENT DOMAIN POWER. The district may
551	551	not exercise the power of eminent domain.
552	552	(b) This section is not intended to be an expression of a
553	553	legislative interpretation of the requirements of Section 17(c),
554	554	Article I, Texas Constitution.
555	555	SECTION 5. This Act takes effect immediately if it receives
556	556	a vote of two-thirds of all the members elected to each house, as
557	557	provided by Section 39, Article III, Texas Constitution. If this
558	558	Act does not receive the vote necessary for immediate effect, this
559	559	Act takes effect September 1, 2021.