Texas 2021 - 87th Regular

Texas Senate Bill SB2170 Compare Versions

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

Old	New	Differences
1	1	87R9407 MP-F
2	2	By: Kolkhorst S.B. No. 2170
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. 249; 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 7904A to read as follows:
14	14	CHAPTER 7904A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT
15	15	NO. 249
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7904A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Fort Bend County Municipal
23	23	Utility District No. 249.
24	24	Sec. 7904A.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 7904A.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 7904A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	7904A.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 7904A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7904A.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7904A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7904A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7904A.0202. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7904A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7904A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7904A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	Sec. 7904A.0203. DESIGNATED BOARD MEETING LOCATION. (a)
93	93	The board shall designate a meeting place inside the district for
94	94	conducting the meetings of the board. The meeting place designated
95	95	may be a private residence or office, provided that, in the order
96	96	designating the meeting place, the board declares the place where
97	97	the meeting is held to be a public place and invites the public to
98	98	attend any meeting of the board held in that place.
99	99	(b) If the board establishes that no suitable place exists
100	100	for meeting inside the district, the board may designate a meeting
101	101	place outside the district. The board shall give notice of the
102	102	location of a meeting place outside the district by:
103	103	(1) filing a copy of the resolution designating the
104	104	location and a justification of why the meeting will not be held in
105	105	the district or within 10 miles of the boundary of the district, if
106	106	applicable, with the commission; and
107	107	(2) publishing notice of the location in a newspaper
108	108	of general circulation in the district.
109	109	(c) If the board changes the location of a meeting place
110	110	outside the district, the board shall give notice of the change in
111	111	the manner described by Subsection (b).
112	112	SUBCHAPTER C. POWERS AND DUTIES
113	113	Sec. 7904A.0301. GENERAL POWERS AND DUTIES. The district
114	114	has the powers and duties necessary to accomplish the purposes for
115	115	which the district is created.
116	116	Sec. 7904A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
117	117	DUTIES. The district has the powers and duties provided by the
118	118	general law of this state, including Chapters 49 and 54, Water Code,
119	119	applicable to municipal utility districts created under Section 59,
120	120	Article XVI, Texas Constitution.
121	121	Sec. 7904A.0303. AUTHORITY FOR ROAD PROJECTS. Under
122	122	Section 52, Article III, Texas Constitution, the district may
123	123	design, acquire, construct, finance, issue bonds for, improve,
124	124	operate, maintain, and convey to this state, a county, or a
125	125	municipality for operation and maintenance macadamized, graveled,
126	126	or paved roads, or improvements, including storm drainage, in aid
127	127	of those roads.
128	128	Sec. 7904A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
129	129	road project must meet all applicable construction standards,
130	130	zoning and subdivision requirements, and regulations of each
131	131	municipality in whose corporate limits or extraterritorial
132	132	jurisdiction the road project is located.
133	133	(b) If a road project is not located in the corporate limits
134	134	or extraterritorial jurisdiction of a municipality, the road
135	135	project must meet all applicable construction standards,
136	136	subdivision requirements, and regulations of each county in which
137	137	the road project is located.
138	138	(c) If the state will maintain and operate the road, the
139	139	Texas Transportation Commission must approve the plans and
140	140	specifications of the road project.
141	141	Sec. 7904A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
142	142	ORDINANCE OR RESOLUTION. The district shall comply with all
143	143	applicable requirements of any ordinance or resolution that is
144	144	adopted under Section 54.016 or 54.0165, Water Code, and that
145	145	consents to the creation of the district or to the inclusion of land
146	146	in the district.
147	147	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
148	148	Sec. 7904A.0401. AUTHORITY TO ISSUE BONDS AND OTHER
149	149	OBLIGATIONS. The district may issue bonds or other obligations
150	150	payable wholly or partly from ad valorem taxes, impact fees,
151	151	revenue, contract payments, grants, or other district money, or any
152	152	combination of those sources, to pay for any authorized district
153	153	purpose.
154	154	Sec. 7904A.0402. TAXES FOR BONDS. At the time the district
155	155	issues bonds payable wholly or partly from ad valorem taxes, the
156	156	board shall provide for the annual imposition of a continuing
157	157	direct ad valorem tax, without limit as to rate or amount, while all
158	158	or part of the bonds are outstanding as required and in the manner
159	159	provided by Sections 54.601 and 54.602, Water Code.
160	160	Sec. 7904A.0403. BONDS FOR ROAD PROJECTS. At the time of
161	161	issuance, the total principal amount of bonds or other obligations
162	162	issued or incurred to finance road projects and payable from ad
163	163	valorem taxes may not exceed one-fourth of the assessed value of the
164	164	real property in the district.
165	165	SECTION 2. The Fort Bend County Municipal Utility District
166	166	No. 249 initially includes all the territory contained in the
167	167	following area:
168	168	Tract 1
169	169	Being a tract containing 58.07 acres of land located in the William
170	170	Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said
171	171	58.07 acres being a call 58.09 acre tract of land recorded in the
172	172	name of HVM Partners, L.P. under Fort Bend County Clerk's File
173	173	No. 2006046902. Said 58.07 acres of land being more particularly
174	174	described by metes and bounds as follows (Bearings are referenced
175	175	to the Texas Coordinate System of 1983, South Central Zone, as
176	176	derived from GPS observations):
177	177	BEGINNING at a 1 inch iron pipe found at the northeast corner of
178	178	said 58.09 acre tract, the southeast corner of a call 12.525 acre
179	179	tract of land recorded in the name of Mason Briscoe III and Dee
180	180	Briscoe under Volume 609, Page 690 of the Fort Bend County Deed
181	181	Records (F.B.C.D.R.) and being on the west right-of-way (R.O.W.)
182	182	line of F.M. Highway 723 (call 120-foot wide; occupied width
183	183	varies), from which a 1/2 inch iron pipe found at the northeast
184	184	corner of said 12.525 acre tract and intersection of said west
185	185	R.O.W. with the south R.O.W. line of Beadle Road (occupied width
186	186	varies) bears North 02 degrees 20 minutes 36 seconds West, a
187	187	distance of 627.92 feet;
188	188	THENCE, with said west R.O.W. line, South 02 degrees 20 minutes 36
189	189	seconds East (call South 00 degrees 16 minutes 50 seconds West), a
190	190	distance of 1,564.34 feet (call 1,563.07 feet) to a 1/2 inch iron
191	191	rod found at the common east corner of said 58.09 acre tract and a
192	192	call 57.34 acre tract of land recorded in the name of Evelyn
193	193	Huntington under F.B.C.C.F. No. 2014103478 from which a concrete
194	194	monument found at an angle point in said west R.O.W. line bears
195	195	South 02 degrees 20 minutes 36 seconds East, a distance of 359.15
196	196	feet;
197	197	THENCE, with the common line between said 58.09 acre and 57.34 acre
198	198	tracts, South 87 degrees 54 minutes 04 seconds West (call North 89
199	199	degrees 28 minutes 30 seconds West), a distance of 1,618.39 feet
200	200	(call 1,620.07 feet) to the common west corner of said 58.09 acre
201	201	and 57.34 acre tracts, being on the east line of a call 1,410.69
202	202	acre tract of land, styled as "Second Tract", recorded in the name
203	203	of Foster Farms, Inc. under Volume 362, Page 549 of the F.B.C.D.R.,
204	204	and the common line between said Andrews League and the John Foster
205	205	2-1/2 League Grant, A-26, Fort Bend County, Texas, from which point
206	206	a 1/2 inch iron pipe found bears South 87 degrees 54 minutes 04
207	207	seconds West, a distance of 0.45 feet;
208	208	THENCE, with said east line and said common league line, North 02
209	209	degrees 18 minutes 47 seconds West (call North 00 degrees 22 minutes
210	210	00 seconds East), a distance of 1,562.53 feet (call 1,563.05 feet)
211	211	to a 1/2 inch iron pipe found at the common west corner of said 58.09
212	212	acre tract and a call 12.525 acre tract of land recorded in the name
213	213	of Mason Briscoe III and Dee Briscoe under Volume 1118, Page 817 of
214	214	the F.B.C.D.R.;
215	215	THENCE, with the common line between said 58.09 acre and 12.525 acre
216	216	tracts and the south line of the aforesaid 12.525 acre tract, North
217	217	87 degrees 50 minutes 13 seconds East (call South 89 degrees 28
218	218	minutes 30 seconds East), a distance of 1,617.56 feet (call
219	219	1,617.72 feet) to the POINT OF BEGINNING and containing 58.07 acres
220	220	of land.
221	221	Tract 2
222	222	Being a tract containing 57.22 acres of land located in the William
223	223	Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said
224	224	57.22 acres being a call 57.34 acre tract of land recorded in the
225	225	name of Evelyn Huntington under Fort Bend County Clerk's File
226	226	No. 2014103478. Said 57.22 acres of land being more particularly
227	227	described by metes and bounds as follows (Bearings are referenced
228	228	to the Texas Coordinate System of 1983, South Central Zone, as
229	229	derived from GPS observations):
230	230	BEGINNING at a 1/2 inch iron pipe found at the northeast corner of
231	231	said 57.34 acre tract, the southeast corner of a call 58.09 acre
232	232	tract of land recorded in the name of HVM Partners, L.P. under
233	233	F.B.C.C.F. No. 2006046902 and being on the west right-of-way
234	234	(R.O.W.) line of F.M. Highway 723 (call 120-foot wide; occupied
235	235	width varies), from which a 1 inch iron pipe found at the northeast
236	236	corner of said 58.09 acre tract and the southeast corner of a call
237	237	12.525 acre tract of land recorded in the name of Mason Briscoe III
238	238	and Dee Briscoe under Volume 609, Page 690 of the Fort Bend County
239	239	Deed Records (F.B.C.D.R.) bears North 02 degrees 20 minutes 36
240	240	seconds West, a distance of 1,564.34 feet;
241	241	THENCE, with said west R.O.W. line, the following two (2) courses:
242	242	1.) South 02 degrees 20 minutes 36 seconds East (call South 00
243	243	degrees 16 minutes 50 seconds East), a distance of 359.15 feet to a
244	244	concrete monument found;
245	245	2.) South 02 degrees 19 minutes 49 seconds East (call South 00
246	246	degrees 14 minutes 10 seconds West), a distance of 308.87 feet to a
247	247	1/2 inch iron rod found at the most easterly northeast corner of a
248	248	call 0.7397 acre tract of land recorded in the name of Mary Claire
249	249	Huntington in Volume 2271, Page 469 of the F.B.C.D.R.;
250	250	THENCE, with the north, west and south lines of said 0.7397 acre
251	251	tract, the following nine (9) courses:
252	252	1.) South 87 degrees 44 minutes 59 seconds West (call North 89
253	253	degrees 45 minutes 50 seconds West), a distance of 227.58 feet (call
254	254	227.60 feet) to a 1/2 inch iron pipe found;
255	255	2.) North 09 degrees 20 minutes 20 seconds West (call North 06
256	256	degrees 45 minutes 50 seconds West), a distance of 73.12 feet (call
257	257	73.48 feet) to a 1/2 inch iron pipe found;
258	258	3.) South 63 degrees 43 minutes 26 seconds West (call South 65
259	259	degrees 45 minutes West), a distance of 140.27 feet (call 140.05
260	260	feet) to a 5/8 inch capped iron rod stamped "GBI Partners" set;
261	261	4.) South 17 degrees 42 minutes 21 seconds West (call South 20
262	262	degrees 31 minutes 10 seconds West), a distance of 110.75 feet to a
263	263	1/2 inch iron pipe found;
264	264	5.) South 10 degrees 07 minutes 39 seconds East (call South 07
265	265	degrees 18 minutes 15 seconds East), a distance of 59.05 feet (call
266	266	59.0 feet) to a 1/2 inch iron pipe found;
267	267	6.) North 85 degrees 33 minutes 05 seconds East (call North 88
268	268	degrees East), a distance of 81.73 feet (call 82.32 feet) to a 1/2
269	269	inch iron pipe found;
270	270	7.) North 65 degrees 13 minutes 35 seconds East (call North 67
271	271	degrees 24 minutes 10 seconds East), a distance of 105.65 feet (call
272	272	105.75 feet) to a 1/2 inch iron pipe found;
273	273	8.) North 09 degrees 08 minutes 49 seconds West (call North 06
274	274	degrees 45 minutes 50 seconds West), a distance of 89.33 feet (call
275	275	88.89 feet) to a 1/2 inch iron pipe found;
276	276	9.) North 87 degrees 42 minutes 39 seconds East (call South 89
277	277	degrees 45 minutes 50 seconds West), a distance of 225.90 feet (call
278	278	225.76 feet) to a 1/2 inch iron pipe found at the most easterly
279	279	southeast corner of said 0.7397 acre tract and being on the
280	280	aforesaid west R.O.W. line of F.M. Highway 723;
281	281	THENCE, with said west R.O.W. line, South 02 degrees 19 minutes 49
282	282	seconds East (call South 00 degrees 14 minutes 10 seconds West), a
283	283	distance of 877.24 feet to a 1/2 inch iron rod found at the common
284	284	east corner of said 57.34 acre tract and a call 30.00 acre tract of
285	285	land recorded in the name of Evelyn Huntington under F.B.C.C.F.
286	286	No. 2014103447;
287	287	THENCE, with the common line between said 57.34 acre and 30.00 acre
288	288	tracts, South 87 degrees 54 minutes 34 seconds West (call North 89
289	289	degrees 28 minutes 30 seconds West), a distance of 1,618.94 feet
290	290	(call 1,623.30 feet) to a 1/2 inch iron pipe found at the common
291	291	west corner of said 57.34 acre and 30.00 acre tracts, being on the
292	292	east line of a call 1,410.69 acre tract of land, styled as "Second
293	293	Tract", recorded in the name of Foster Farms, Inc. under Volume 362,
294	294	Page 549 of the F.B.C.D.R., and the common line between said Andrews
295	295	League and the John Foster 2-1/2 League Grant, A-26, Fort Bend
296	296	County, Texas, from which a 1/2 inch iron pipe found at the
297	297	southwest corner of said 30.00 acre tract bears South 02 degrees 18
298	298	minutes 47 seconds East, a distance of 805.73 feet;
299	299	THENCE, with said east line and said common league line, North 02
300	300	degrees 18 minutes 47 seconds West (call North 00 degrees 22 minutes
301	301	00 seconds East), a distance of 1,559.73 feet (call 1,560.41 feet)
302	302	to a 1/2 inch iron pipe found at the common west corner of said 57.34
303	303	acre and aforesaid 58.09 acre tract from which point a 1/2 inch iron
304	304	pipe found bears South 87 degrees 54 minutes 04 seconds West, a
305	305	distance of 0.45 feet;
306	306	THENCE, with the common line between said 57.34 acre and 58.09 acre
307	307	tracts, North 87 degrees 54 minutes 04 seconds East (call South 89
308	308	degrees 28 minutes 30 seconds East), a distance of 1,618.39 feet
309	309	(call 1,620.07 feet) to the POINT OF BEGINNING and containing 57.22
310	310	acres of land.
311	311	Tract 3
312	312	Being a tract containing 0.739 acres of land located in the William
313	313	Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said
314	314	0.739 acres being a call 0.7397 acre tract of land recorded in the
315	315	name of Mary Claire Huntington under Volume 2271, Page 469 of the
316	316	Fort Bend County Deed Records (F.B.C.D.R.). Said 0.739 acres of
317	317	land being more particularly described by metes and bounds as
318	318	follows (Bearings are referenced to the Texas Coordinate System of
319	319	1983, South Central Zone, as derived from GPS observations):
320	320	BEGINNING at a 1/2 inch iron pipe found at most easterly southeast
321	321	corner of said 0.7397 acre tract and being on the west right-of-way
322	322	(R.O.W.) line of F.M. Highway 723 (call 120-foot wide; occupied
323	323	width varies), from which a 1/2 inch iron pipe found on said west
324	324	R.O.W. line and at the common east corner of call 30.00 acre and
325	325	57.34 acre tracts of land recorded in the name of Evelyn Huntington
326	326	under Fort Bend County Clerk's File No. 2014103477 and 2014103478,
327	327	respectively, bears South 02 degrees 19 minutes 49 seconds East, a
328	328	distance of 877.24 feet;
329	329	THENCE, with the south, west and north lines of said 0.7397 acre
330	330	tract, the following nine (9) courses:
331	331	1.) South 87 degrees 42 minutes 39 seconds West (call North 89
332	332	degrees 45 minutes 50 seconds West), a distance of 225.90 feet (call
333	333	225.76 feet) to a 1/2 inch iron pipe found;
334	334	2.) South 09 degrees 08 minutes 49 seconds East (call South 09
335	335	degrees 08 minutes 49 seconds East), a distance of 89.33 feet (call
336	336	89.89 feet) to a 1/2 inch iron pipe found;
337	337	3.) South 65 degrees 13 minutes 35 seconds West (call South 67
338	338	degrees 24 minutes 10 seconds West), a distance of 105.65 feet (call
339	339	105.75 feet) to a 1/2 inch iron pipe found;
340	340	4.) South 85 degrees 33 minutes 05 seconds West (call South 88
341	341	degrees West), a distance of 81.73 feet (call 82.32 feet) to a 1/2
342	342	inch iron pipe found;
343	343	5.) North 10 degrees 07 minutes 39 seconds West (call North 07
344	344	degrees 18 minutes 15 seconds West), a distance of 59.05 feet (call
345	345	59.0 feet) to a 1/2 inch iron pipe found;
346	346	6.) North 17 degrees 42 minutes 21 seconds East (call North 20
347	347	degrees 31 minutes 10 seconds East), a distance of 110.75 feet to a
348	348	5/8 inch capped iron rod stamped "GBI Partners" set;
349	349	7.) North 63 degrees 43 minutes 26 seconds East (call North 65
350	350	degrees 45 minutes East), a distance of 140.27 feet (call 140.05
351	351	feet) to a 1/2 inch iron pipe found;
352	352	8.) South 09 degrees 20 minutes 20 seconds East (call South 06
353	353	degrees 45 minutes 50 seconds East), a distance of 73.12 feet (call
354	354	73.48 feet) to a 1/2 inch iron pipe found;
355	355	9.) North 87 degrees 44 minutes 59 seconds East (call South 89
356	356	degrees 45 minutes 50 seconds East), a distance of 227.58 feet (call
357	357	227.60 feet) to a 1/2 inch iron pipe found at the most easterly
358	358	northeast corner of said 0.7397 acre tract and being on the
359	359	aforesaid west R.O.W. line of F.M. Highway 723 from which a concrete
360	360	monument found on said west R.O.W. line bears North 02 degrees 19
361	361	minutes 49 seconds West, a distance of 308.87 feet;
362	362	THENCE, with said west R.O.W. line, South 02 degrees 19 minutes 49
363	363	seconds East (call South 00 degrees 14 minutes 10 seconds West), a
364	364	distance of 14.71 feet (call 15.0 feet) to the POINT OF BEGINNING
365	365	and containing 0.739 acres of land.
366	366	Tract 4
367	367	Being a tract containing 29.93 acres of land located in the William
368	368	Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said
369	369	29.93 acres being a call 30.00 acre tract of land recorded in the
370	370	name of Evelyn Huntington under Fort Bend County Clerk's File
371	371	No. 2014103477. Said 29.93 acres of land being more particularly
372	372	described by metes and bounds as follows (Bearings are referenced
373	373	to the Texas Coordinate System of 1983, South Central Zone, as
374	374	derived from GPS observations):
375	375	BEGINNING at a 1/2 inch iron pipe found at the northeast corner of
376	376	said 30.00 acre tract, the southeast corner of a call 57.34 acre
377	377	tract of land recorded in the name of Evelyn Huntington under
378	378	F.B.C.C.F. No. 2014103478 and being on the west right-of-way
379	379	(R.O.W.) line of F.M. Highway 723 (call 120-foot wide; occupied
380	380	width varies), from which a 1/2 inch iron pipe found on said west
381	381	R.O.W. line and at the most easterly southeast corner of a call
382	382	0.7397 acre tract of land recorded in the name of Mary Claire
383	383	Huntington in Volume 2271, Page 469 of the Fort Bend County Deed
384	384	Records ( F.B.C.D.R.) bears North 02 degrees 19 minutes 49 seconds
385	385	West, a distance of 877.24 feet;
386	386	THENCE, with said west R.O.W. line, the following two (2) courses:
387	387	1.) South 02 degrees 19 minutes 49 seconds East (call South 00
388	388	degrees 14 minutes 10 seconds West), a distance of 785.48 feet (call
389	389	785.45 feet) to a 5/8 inch capped iron rod stamped "GBI Partners"
390	390	set;
391	391	2.) South 02 degrees 44 minutes 20 seconds East (call South 00
392	392	degrees 14 minutes 40 seconds West), a distance of 19.25 feet (call
393	393	19.14 feet) to a 1/2 inch iron rod found at common east corner of
394	394	said 30.00 acre tract and a call 6.5331 acre tract of land recorded
395	395	in the name of Denise K. Heibel under F.B.C.C.F. No. 9818471 from
396	396	which a 1/2 inch iron pipe found on said west R.O.W. line bears
397	397	South 02 degrees 44 minutes 20 seconds East, a distance of 59.79
398	398	feet;
399	399	THENCE, with the common line between said 30.00 acre and 6.5331 acre
400	400	tracts, South 87 degrees 52 minutes 26 seconds West (call North 89
401	401	degrees 28 minutes 30 seconds West), a distance of 1,619.31 feet
402	402	(call 1,625.13 feet) to a 1/2 inch iron pipe found at the common
403	403	west corner of said 30.00 acre and 6.5331 acre tracts, being on the
404	404	east line of a call 1,410.69 acre tract of land, styled as "Second
405	405	Tract", recorded in the name of Foster Farms, Inc. under Volume 362,
406	406	Page 549 of the F.B.C.D.R., and the common line between said Andrews
407	407	League and the John Foster 2-1/2 League Grant, A-26, Fort Bend
408	408	County, Texas;
409	409	THENCE, with said east line and said common league line, North 02
410	410	degrees 18 minutes 47 seconds West (call North 00 degrees 22 minutes
411	411	00 seconds East), a distance of 805.73 feet (call 804.58 feet) to a
412	412	1/2 inch iron pipe found at the common west corner of said 30.00
413	413	acre and aforesaid 57.34 acre tract;
414	414	THENCE, with the common line between said 30.00 acre and 57.34 acre
415	415	tracts, North 87 degrees 54 minutes 34 seconds East (call South 89
416	416	degrees 28 minutes 30 seconds East), a distance of 1,618.94 feet
417	417	(call 1,623.30 feet) to the POINT OF BEGINNING and containing 29.93
418	418	acres of land.
419	419	SECTION 3. (a) The legal notice of the intention to
420	420	introduce this Act, setting forth the general substance of this
421	421	Act, has been published as provided by law, and the notice and a
422	422	copy of this Act have been furnished to all persons, agencies,
423	423	officials, or entities to which they are required to be furnished
424	424	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
425	425	Government Code.
426	426	(b) The governor, one of the required recipients, has
427	427	submitted the notice and Act to the Texas Commission on
428	428	Environmental Quality.
429	429	(c) The Texas Commission on Environmental Quality has filed
430	430	its recommendations relating to this Act with the governor, the
431	431	lieutenant governor, and the speaker of the house of
432	432	representatives within the required time.
433	433	(d) All requirements of the constitution and laws of this
434	434	state and the rules and procedures of the legislature with respect
435	435	to the notice, introduction, and passage of this Act are fulfilled
436	436	and accomplished.
437	437	SECTION 4. (a) If this Act does not receive a two-thirds
438	438	vote of all the members elected to each house, Subchapter C, Chapter
439	439	7904A, Special District Local Laws Code, as added by Section 1 of
440	440	this Act, is amended by adding Section 7904A.0306 to read as
441	441	follows:
442	442	Sec. 7904A.0306. NO EMINENT DOMAIN POWER. The district may
443	443	not exercise the power of eminent domain.
444	444	(b) This section is not intended to be an expression of a
445	445	legislative interpretation of the requirements of Section 17(c),
446	446	Article I, Texas Constitution.
447	447	SECTION 5. This Act takes effect immediately if it receives
448	448	a vote of two-thirds of all the members elected to each house, as
449	449	provided by Section 39, Article III, Texas Constitution. If this
450	450	Act does not receive the vote necessary for immediate effect, this
451	451	Act takes effect September 1, 2021.