By: Hegar H.B. No. 3488
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Fort Bend County Municipal Utility
District No. 167; providing authority to impose taxes and standby
fees and issue bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter ____ to read as follows:
CHAPTER . FORT BEND COUNTY MUNICIPAL UTILITY
DISTRICT NO. 167.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. .001. DEFINITIONS. In this Chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means Fort Bend County Municipal
Utility District No. 167.
Sec. .002. CREATION OF DISTRICT. Fort Bend County
Municipal Utility District No. 167 is created as a special district
under Section 52, Article III, and Section 59, Article XVI, Texas
Constitution.
Sec. .003. DECLARATION OF INTENT. The creation of the
district is essential to accomplish the purposes of Section 52,
Article III, and Section 59, Article XVI, Texas Constitution, and
other public purposes stated in this Act.
Sec. .004. INITIAL DISTRICT TERRITORY. (a) The district
is initially composed of territory described by Section 2 of the Act
creating this chapter.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process does not in any way affect the
district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. .005. APPLICABILITY OF OTHER LAW. (a) Except as
otherwise provided by this Chapter, Chapters 49 and 54, Water Code,
apply to the district.
(b) Chapter 311, Government Code (Code Construction Act),
applies to this Act.
(c) Chapter 1471, Government Code, does not apply to the
district.
Sec. .006. CONSTRUCTION OF ACT. (a) This Act shall be
liberally construed in conformity with the findings and purposes
set forth in this Act.
(b) If any provision of the general law conflicts with this
Act, this Act prevails.
(c) If any provision of the general law conflicts with
Chapters 49 and 54, Water Code, Chapters 49 and 54, Water Code
prevail.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. .051. BOARD OF DIRECTORS; TERMS. (a) The district
is governed by a board of five directors.
(b) Except for the initial directors, each director shall be
elected and shall serve for the term of office provided for
directors under Chapter 49, Water Code, and until his successor is
elected and has qualified.
(c) Except for the initial directors, each director shall
qualify to serve as director in the manner provided by Chapter 49,
Water Code.
Sec. .052. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
(1) ;
(2) ;
(3) ;
(4) ; and
(5) .
(b) Of the initial directors, the terms of the first three
directors named in Subsection (a) expire on the uniform election
date in May 2007, and the terms of the last two directors named in
Subsection (a) expire on the uniform election date in May 2009.
(c) On the uniform election date in May 2007, the board
shall hold an election for the directors whose terms expire on such
date. On the uniform election date in May 2009, the board shall hold
an election for the directors whose terms expire on such date.
(d) This section expires September 1, 2009.
Sec. .053. CONFIRMATION ELECTION. The board of
directors shall hold an election to confirm the creation of the
district as provided by Section 49.102, Water Code.
SUBCHAPTER C. POWERS AND DUTIES
Sec. .101. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
All land and other property included in the district will benefit
from the improvements and services to be provided by the district
under powers conferred by Sections 52, Article III, and Section 59,
Article XVI, Texas Constitution, and other powers granted under
this Act.
(b) The district is created for the following purposes:
(1) the purposes of a municipal utility district as
provided pursuant to Section 54.012, Water Code; and
(2) the purposes of road utility districts created
pursuant to Section 52, Article III, Texas Constitution, and
operating pursuant to Chapter 441, Transportation Code, including
the purpose of constructing, acquiring, improving, maintaining and
operating road and road facilities as defined in Chapter 441,
Transportation Code.
Sec. .102. POWERS OF DISTRICT. (a) The district shall
have the functions, powers, authority, rights and duties which will
permit accomplishment of the purposes for which it was created.
(b) The district shall have all of the rights, powers,
privileges, authority and functions, specifically including but
not limited to those relating to the levying of taxes, issuance of
bonds, imposition of standby fees, and exercise of the power of
eminent domain, conferred by the general laws of this state
applicable to municipal utility districts created under Article
XVI, Section 59, of the Texas Constitution, including those
conferred by Chapters 49 and 54, Water Code.
Sec. .103. SPECIFIC ROAD POWERS OF DISTRICT. (a) The
district may purchase, construct, acquire, own, operate, maintain,
improve or extend inside and outside its boundaries roads and road
facilities as defined in Chapter 441, Transportation Code, as
authorized by Section 52, Article III, of the Texas Constitution.
(b) In accordance with Article III, Section 52, of the Texas
Constitution, the district has the power and authority to issue
bonds, notes, and other obligations or otherwise lend its credit
and levy and collect taxes to pay the interest thereon and provide a
sinking fund for the redemption thereof for the construction,
purchase, maintenance and operation of roads and road facilities.
The total amount of bonds issued for such purpose may not exceed
one-fourth of the assessed market value of real property of the
district as determined by the chief appraiser of the appraisal
district that appraises property for the district.
(c) The roads and road facilities may include drainage,
landscaping and pedestrian improvements and lights, signs, or
signals that are incidental thereto and their construction,
maintenance, or operation.
(d) The roads and road facilities authorized by this section
must meet all applicable construction standards, zoning and
subdivision requirements, and regulatory ordinances of the
municipality or county in whose jurisdiction the road or road
facility is located.
(e) On completion of a road or road facility authorized by
this section, the district, with the consent of a municipality or
county, may convey that road or road facility to the municipality or
county, provided the conveyance is free of all indebtedness of the
district. If a municipality or county becomes the owner of a road
or road facility, the municipality or county is responsible for all
future maintenance and upkeep, and the district has no further
responsibility for the road or road facility or its maintenance or
upkeep, unless otherwise agreed to by the district and the
municipality or county.
(f) A district may contract with a state agency, political
subdivision, or corporation created under Chapter 431,
Transportation Code, for a joint road or road facility. The
district may issue bonds to pay all or part of the costs of the road
or road facility and any other payments required pursuant to the
contract. The contract may:
(1) provide for joint payment of the costs of the road
or road facility; and
(2) require the state agency, political subdivision,
or corporation to design, construct, or improve a road or road
facility as provided by the contract.
(g) The district may agree to:
(1) reimburse a private person for money spent to
construct a road or road facility that has been or will be dedicated
or otherwise transferred to public use; or
(2) purchase a road or road facility constructed by a
private person.
(h) The amount paid for the reimbursement or purchase of a
road or road facility:
(1) may include all construction costs, including
engineering, legal, financing, and other expenses incident to the
construction; or
(2) may be at a price not to exceed the replacement
cost of the road or road facility as determined by the board; and
(3) may be paid with proceeds from the sale of the
district's bonds or from any other money available to the district.
(i) The district may enter into an agreement to use the
proceeds of a subsequent bond sale for reimbursing all construction
costs, engineering and other expenses, and financing costs incident
to construction or acquisition of a road or an interest in a road to
a private person who constructs or acquires a road or road facility
that benefits the district pursuant to the agreement. The agreement
may provide the terms and conditions under which the road or road
facility will be dedicated or transferred for the benefit of the
public and to pay or reimburse the cost of constructing or acquiring
the road.
Sec. .104. EMINENT DOMAIN. The district may exercise the
power of eminent domain in accordance with Section 49.222, Water
Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. .151. ELECTIONS REGARDING TAXES OR BONDS.
(b) The district may issue bonds, notes, and other
obligations secured by revenues or contract payments from any
lawful sources other than ad valorem taxation without an election.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose a maintenance tax or issue bonds
payable from ad valorem taxes.
(c) The board may include more than one purpose in a single
proposition at an election.
(d) The district may issue bonds, notes, and other
obligations to finance road and road facilities under Section
52(b)(3), Article III, of the Texas Constitution, secured in whole
or in part by ad valorem taxation and impose ad valorem taxes to pay
the principal of and interest on those obligations and provide a
sinking fund for the redemption thereof only if the issuance is
approved by a two-thirds majority of the voters of the district
voting at an election called and held for that purpose.
Sec. .152. AD VALOREM TAX. (a) If authorized at an
election held in accordance with Section ____.151, the district may
impose an annual ad valorem tax on taxable property in the district
for the acquisition, construction, financing, maintenance and
operation of the district and the improvements constructed or
acquired by the district or for the provision of services.
(b) The board shall determine the tax rate.
SUBCHAPTER E. BONDS OR OTHER OBLIGATIONS
Sec. .201. OBLIGATIONS. (a) The district may issue
bonds, notes, or other obligations payable in whole or in part from
ad valorem taxes, impact fees, revenue, grants, or other money of
the district, or any combination of those sources of money, to pay
for any authorized purpose of the district.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) At the time bonds payable in whole or in part from ad
valorem taxes are issued, the board shall levy a continuing direct
annual ad valorem tax for each year while all or part of the bonds
are outstanding on all taxable property within the district in
sufficient amount to pay the interest on the bonds as it becomes due
and to create a sinking fund for the payment of the principal of the
bonds when due or the redemption price at any earlier required
redemption date and to pay the expenses of assessing and collecting
taxes.
Sec. .202. AUTHORITY OF TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY OVER ISSUANCE OF DISTRICT BONDS. (a) Sections 49.181 and
49.182, Water Code, apply to all water, wastewater, drainage and
recreational facility projects of the district and bonds issued
therefor.
(b) Section 49.181, Water Code, applies to all road and road
facility projects and bonds issued therefor; however, the review of
the Texas Commission on Environmental Quality of such projects
shall be limited to the financial feasibility of such projects and
bonds, and shall not include the review or approval of the design
and construction of such projects or the engineering feasibility of
such projects, and the requirements of written applications for
investigation of feasibility shall be adjusted accordingly.
(c) Section 49.182, Water Code, does not apply to any road
and road facility projects and bonds issued therefor.
(d) Projects and bonds of the district are not subject to
the review and approval of the Texas Transportation Commission or
the rules promulgated by the Texas Transportation Commission.
SECTION 2. Fort Bend County Municipal Utility District No.
167 initially includes all the territory contained in the following
area:
TRACT 1:
121.81 acres in the Jane H. Long League, Abstract No. 55, and
the Simon Jones Survey, Abstract No. 271, City of Rosenberg, Fort
Bend County, Texas
A FIELD NOTE DESCRIPTION of 121.81 acres of land in the Jane
H. Long League, Abstract No. 55 and in the Simon Jones Survey,
Abstract No. 271, City of Rosenberg, Fort Bend County, Texas; said
121 .81 acre tract being out of Reserve "H" and all of Reserve "K",
Block 4, The Villages At Rosenberg, according to the map or plat
recorded under Slide No. 1954 A&B of the Fort Bend County Plat
Records; said tract being more particularly described by metes and
bounds as follows with the bearings being based on Texas State Plane
Coordinate System, South Central Zone (NAD83) per GPS Observations
on May 07, 2004 using National Geodetic Survey Continuously
Operating Reference Stations:
BEGINNING at a 2-inch iron pipe found in the northeasterly
right-of-way line of Reading Road (60 feet wide) for a westerly
corner of said Reserve "H" and for a westerly corner of this tract;
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found for an angle point of this tract;
THENCE; North 22° 13' 39" East - 1,438.40 (called North 22° 12'
40" East) with the southeasterly line of a called 49.6426 acre tract
of land described as "Tract B" conveyed to Nancy McFarlane Bonner,
as recorded in Volume 1851, Page 424 of the Fort Bend County Deed
Records and with the southeasterly line of a called 49.6426 acre
tract of land described as "Tract A" conveyed to Thelma McFarlane
Zwiener, as recorded in Volume 1851, Page 424 of the Fort Bend
County Deed Records to a 2-inch iron pipe found for an interior
corner of this tract;
THENCE; North 68° 04' 11" West - 545.57 feet (called North 68°
03' 27" West - 545.08 feet) with the northeasterly line of said
"Tract A" to a 3/4-inch iron rod found for a westerly corner of this
tract;
THENCE; North 21° 41' 06" East - 1,979.04 feet (called North
21° 41' 49" East - 1,978.77 feet) with the southeasterly line of a
called 115.7247 acre tract of land conveyed to C.E. Myska, Trustee,
as recorded in Volume 934, Page 66 of the Fort Bend County Deed
Records to a 5/8-inch iron rod with cap set for the northerly corner
of this tract;
THENCE; South 37° 02' 26" East - 3,374.42 feet (called South
37° 01' 19" East) with the southwesterly right-of-way line of the
Gulf Coast & Santa Fe Railway Company right-of-way, as recorded in
Volume 75, Page 312 of the Fort Bend County Deed Records to point
for an easterly corner of this tract;
THENCE; South 52° 42' 48" West - 974.91 feet (called South 52°
43' 31" West) with the northwesterly line of Reserve "D" of said The
Villages At Rosenberg to a 5/8-inch iron rod with cap set for an
angle point of this tract;
THENCE; South 62° 39' 13" West - 1,205.30 feet (called South
62° 38' 30" West - 1,205.22 feet) with the northwesterly line of
Reserve "E" and Reserve "F" of said The Villages At Rosenberg to a
cut "x" in concrete found for a point-of-curvature;
THENCE; in an easterly direction with the northerly line of
said Reserve "F" and Reserve "G" of said The Villages At Rosenberg
and with said curve to the right having a radius of 100.00 feet, a
central angle of 50° 13' 34", a length of 87.66 feet and a chord
bearing South 87° 46' 00" West - 84.88 feet to a cut "x" in concrete
found for a point-of-tangency for this tract;
THENCE; North 67° 07' 14" West - 206.27 feet with the
northeasterly line of said Reserve "G" to a cut "x" in concrete
found for a southwesterly corner of this tract;
THENCE; North 22° 52' 43" East - 838.38 feet (called north 22°
52' 24" East - 838.44 feet) with the southeasterly line of Reserve
"A", The Villages At Rosenberg, Section 2, according to the map or
plat recorded under Slide No. 2214B; of the Fort Bend County Plat
Records conveyed to Rosenberg Venture LTD., as recorded under Fort
Bend County Clerk's File No. 2001119747 to a 5/8-inch iron rod found
for an interior corner of this tract;
THENCE; North 63° 20' 55" West - 400.66 feet (called North 63°
21' 05" West - 400.66 feet) with the northeasterly line of said
Reserve "A" to a point for an interior corner of this tract;
THENCE; South 61° 07' 04" West - 71.39 feet (called South 61°
06' 54" West - 71.39 feet) with a northwesterly line of said Reserve
"A" to an angle point of this tract;
THENCE; North 72° 59' 22" West - 163.95 feet (called North 73°
06' 44" West - 163.98 feet) with a northeasterly line of said
Reserve "A" to a hole punch in reinforced concrete pipe found for an
angle point of this tract;
THENCE; North 51° 19' 13" West - 19.63 feet (called North 50°
17' 30" West - 19.67 feet) with a northeasterly line of said Reserve
"A" to a 5/8-inch iron rod found for an angle point of this tract;
THENCE; North 22° 12' 51" East - 55.94 feet (called North 22°
12' 40" East - 55.84 feet) with the southeasterly right-of-way line
of Vista Drive (60 feet wide) according to the map or plat recorded
under Slide No. 2214 B of the Fort Bend County Plat Records to a
5/8-inch iron rod with cap set for an interior corner of this tract;
THENCE; North 67° 47' 09" West - 60.00 feet to a 5/8–inch iron
rod with cap set for an interior corner of this tract;
THENCE; South 22° 12' 51" West - 767.88 feet (called South 22°
12' 40" West - 761.21 feet) with the northwesterly right-of-way
line of said Vista Drive to a point for an angle point of this tract;
THENCE; South 22° 17' 31" West - 1,416.44 feet (called South
22° 16' 48" West - 1,423.85 feet) with the northwesterly
right-of-way line of said Vista Drive to a 5/8-inch iron rod with
cap set for the easterly end of a cutback at the intersection of the
northwesterly right-of-way line of said Vista Drive with the
northeasterly right-of-way line of said Reading Road;
THENCE; South 67° 34' 19" West - 21.11 feet (called South 67°
33' 28" West - 21,11 feet) with said cutback to a 5/8-inch iron rod
with cap set for an angle point of this tract;
THENCE; North 67° 08' 54" West - 84.71 feet (called North 67°
09' 53" West - 85.00 feet) with the northeasterly right-of-way line
of said Reading Road to the POINT OF BEGINNING and containing 121.81
acres (5,306,130 square feet) of land.
TRACT 2:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found;
THENCE; North 22° 13' 39" East - 1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as "Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner,
THENCE; South 68° 04' 11" East - 790.00 feet to a point for the
southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21' 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11 " East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) of land.
TRACT 3:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East- 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2–inch
iron pipe found;
THENCE; North 22° 13' 39" East - 1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as "Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner,
THENCE; South 68° 04' 11" East - 730.00 feet to a point for the
southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21° 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11" East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) of land.
TRACT 4:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found;
THENCE; North 22° 13' 39" East -1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as 'Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner;
THENCE; South 68° 04' 11" East - 670.00 feet to a point for the
southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21° 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11" East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) of land.
TRACT 5:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found;
THENCE; North 22° 13' 39" East - 1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as "Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner;
THENCE; South 68° 04' 11" East - 610.00 feet to a point for the
southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21° 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11" East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) of land.
TRACT 6:
0.1377 acre in the Jane H. Long League, Abstract No. 55, City
of Rosenberg, Fort Bend County, Texas
A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet)
of land in the Jane H. Long League, Abstract No. 55, City of
Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being
out of Reserve "H", Block 4, The Villages At Rosenberg, according to
the map or plat recorded under Slide No. 1954 A&B of the Fort Bend
County Plat Records; said tract being more particularly described
by metes and bounds as follows with the bearings being based on
Texas State Plane Coordinate System, South Central Zone (NAD83) per
GPS Observations on May 07, 2004 using National Geodetic Survey
Continuously Operating Reference Stations:
COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the
northeasterly right-of-way line of Reading Road (60 feet wide) for
a southwesterly corner of said Reserve "H";
THENCE; North 22° 17' 11" East - 1,438.33 feet (called North
22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort
Bend Business Center, according to the map or plat recorded under
Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch
iron pipe found;
THENCE; North 22° 13' 39" East - 1,438.40 feet (called North
22° 12' 40" East) with the southeasterly line of a called 49.6426
acre tract of land described as "Tract B" conveyed to Nancy
McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records, with the southeasterly line of a called
49.6426 acre tract of land described as "Tract A" conveyed to Thelma
McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort
Bend County Deed Records and with the northwesterly line of said
Reserve "H" to a 2-inch iron pipe found for corner;
THENCE; South 68° 04' 11" East - 550.0,0 feet to a point for
the southwesterly corner and POINT OF BEGINNING of this tract;
THENCE; North 21° 55' 49" East - 100.00 feet to a point for the
northwesterly corner of this tract;
THENCE; South 68° 04' 11" East - 60.00 feet to a point for the
northeasterly corner of this tract;
THENCE; South 21° 55' 49" West - 100.00 feet to a point for the
southeasterly corner of this tract;
THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF
BEGINNING and containing 0.1377 acre (6,000 square feet) of land.
SECTION 3. The legislature finds that: (1) proper and
legal notice of the intention to introduce this Act, setting forth
the general substance of this Act, has been published as provided by
law, and the notice and a copy of this Act have been furnished to all
persons, agencies, officials, or entities to which they are
required to be furnished by the constitution and laws of this state,
including the governor, who has submitted the notice and Act to the
Texas Commission on Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) all requirements of the constitution and laws of
this state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act have
been fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.