By: Jackson S.B. No. 1808
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Galveston County Municipal Utility
District No. 54; 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 GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 54.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. ____.001. DEFINITIONS. In this Chapter:
(1) "Board" means the board of directors of the
district.
(2) "City" means the City of Texas City, Texas.
(3) "District" means Galveston County Municipal
Utility District No. 54.
Sec. ____.002. CREATION OF DISTRICT. Galveston County
Municipal Utility District No. 54 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 and
52-a, Article III, and Section 59, Article XVI, Texas Constitution,
and other public purposes stated in this Chapter.
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 Chapter.
(c) Chapter 1471, Government Code, does not apply to the
district.
Sec. ____.006. CONSTRUCTION OF Chapter. (a) This Chapter
shall be liberally construed in conformity with the findings and
purposes set forth in this Chapter.
(b) If any provision of the general law conflicts with this
Chapter, this Chapter 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 and 52-a, Article
III, and Section 59, Article XVI, Texas Constitution, and other
powers granted under this Chapter.
(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;
(2) the purposes of a road utility district 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;
(3) the purposes of a municipal management district
operating pursuant to Chapter 375, Local Government Code; and
(4) the purchase, construction, acquisition,
ownership, improvement, maintenance, and operation of the public
works and public improvements authorized for a tax increment
reinvestment zone operating pursuant to Chapter 311, Tax 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.
(c) 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 and
assessments, issuance of bonds, and imposition of standby fees,
conferred by the general laws of this state applicable to municipal
management districts created under Article XVI, Section 59, of the
Texas Constitution, including those conferred by Chapter 375, Local
Government 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 it 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 city.
(e) On completion of a road or road facility authorized by
this section, the district, with the consent of the city, may convey
that road or road facility to the city, provided the conveyance is
free of all indebtedness of the district. If the city becomes the
owner of a road or road facility, the city 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 city.
(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. A contract may be a contract under Section 49.108, Water
Code. 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. TAX INCREMENT REINVESTMENT ZONE. (a) All or
any part of the area of the district is eligible, regardless of
other statutory criteria, to be included in a tax increment
reinvestment zone created pursuant to Chapter 311, Tax Code.
(b) The district may enter into a contract with the board of
directors of a reinvestment zone created pursuant to Chapter 311,
Tax Code, and the governing body of the city for the district to
manage or assist in managing the reinvestment zone or implement or
assist in implementing the reinvestment zone's project plan and
reinvestment zone financing plan for the term of the contract in the
same manner as a local government corporation pursuant to Section
311.010(f). The contract may provide that the district shall issue
bonds, notes or other obligations and pledge the contract revenues
to the payment thereof. The district may issue bonds payable in
whole or in part from the revenue of the contract to pay for the
implementation of the reinvestment zone's project plan and
reinvestment zone financing plan.
Sec. ___.105. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act on behalf of the district in implementing a project
or providing a service authorized by this Chapter.
(b) The board shall appoint the board of directors of a
nonprofit corporation created under this section. The board of
directors of the nonprofit corporation shall serve in the same
manner as the board of directors of a local government corporation
created under Chapter 431, Transportation Code; provided that they
need not live in the district.
(c) A nonprofit corporation created under this section has
the powers of and is considered for purposes of this Chapter to be a
local government corporation created under Chapter 431,
Transportation Code.
(d) A nonprofit corporation created under this section may
implement any project and provide any service authorized by this
Chapter.
Sec. ___.106. EMINENT DOMAIN. (a) The district may
exercise the power of eminent domain in accordance with Section
49.222, Water Code.
(b) The district shall obtain the written consent of the
city prior to exercising its power of eminent domain.
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 roads 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.
Sec. ___.153. ASSESSMENTS. (a) The board by resolution
may impose and collect an assessment in all or part of the district
for any purpose authorized by this Chapter.
(b) Assessments, including assessments resulting from an
addition to or correction of the assessment roll by the district,
reassessments, penalties and interest on an assessment or
reassessment, expenses of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the resolution of
the board imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) Without necessity of notice and hearing in the manner
required for additional assessments, the board may make corrections
to or deletions from the assessment roll provided that such
corrections or deletions do not increase the amount of assessment
of any parcel of land.
Sec. ___.154. REQUIREMENTS FOR FINANCING SERVICES AND
IMPROVEMENTS. (a) The district may acquire, construct, finance,
operate and maintain any improvement or service authorized pursuant
to this Chapter, using all funds available to the district. A
petition is only required to finance a service or improvement if
such service or improvement is to be financed with assessments. In
such event, a written petition requesting the improvement or
service must have been filed with the board. The petition must be
signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment as determined
by the most recent certified tax appraisal roll for the county; or
(2) at least 50 persons who own real property in the
district, if more than 50 persons own real property in the district
as determined by the most recent certified tax appraisal roll for
the county.
(b) The required notice of public hearings to be mailed to
property owners subject to assessment may be mailed or delivered by
certified mail or an equivalent service that can provide a record of
delivery or mailing.
(c) To the extent it does not conflict with this Chapter,
Subchapter F, Chapter 375, Local Government Code, applies to
assessments levied by the district.
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, assessments, 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.
(d) Sections 375.16 and 375.207, Local Government Code, do
not apply to the district.
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.
(e) To the extent that the district issues bonds secured
solely by revenues provided under a contract described in Section
____.104(b), Sections 49.181, 49.182, and 49.4645, Water Code,
shall not apply to the issuance of such bonds and shall not restrict
the types of facilities or improvements that may be financed with
such bonds.
SECTION 2. Galveston County Municipal Utility District No.
54 initially includes all the territory contained in the following
area:
BEING 2,033.03 acres of land situated in the Alexander Farmer
League, Abstract No. 11 and the Mary Austin League, Abstract No. l,
Galveston County, Texas, being out of a called 2,052.761 acre tract
of land recorded under Galveston County Clerk's File No.
2000027987, comprised of a 1,997.05 acre tract and a 35.98 acre
tract and being more particularly described by metes and bounds as
follows with the basis of bearings being the Texas State Plane
Coordinate System, South Central Zone:
Tract 1 - 1,997.05 ACRE TRACT
BEGINNING at a 5/8-inch iron rod with cap stamped "Hovis
Surveying" found in the northerly line of Mark 45 Business Park as
recorded in Volume 18, Page 548 of the Galveston County Map Records
for the most southerly southwesterly corner of a called 18.205 acre
tract of land described as Annex B - Excepted Tract recorded under
Galveston County Clerk's File No. 2000027987;
THENCE S 88° 02' 38" W, a distance of 10,199.67 feet with the
northerly line of said Mark 45 Business Park, with the northerly
line of Orchard Place as recorded in Volume 92, Page 462 of the
Galveston County Map Records and with the northerly line of Alta
Loma as recorded in Volume 113, Page 9 of the Galveston County Map
Records to a 5/8-inch iron rod found for the most southerly
southwesterly corner of this tract;
THENCE N 01° 59' 20" W, a distance of 2,032.80 feet with the
easterly line of a called 70 acre tract of land recorded in Volume
261, Page 665 of the Galveston County Deed Records to a 5/8-inch
iron rod with cap stamped "Hovis Surveying" found for an interior
corner of this tract;
THENCE S 88° 02' 23" W, a distance of 1,500.46 feet with the
northerly line of said 70 acre tract to a 5/8-inch iron rod found
for the most westerly southwesterly corner of this tract;
THENCE N 01° 59' 44" W, a distance of 246.96 feet with the
easterly line of Opposing K, a subdivision recorded in Volume 18,
Page 709 of the Galveston County Map Records to a 5/8-inch iron rod
with cap stamped "Brown & Gay" set for an angle point of this tract;
THENCE N 01° 57' 50" W, a distance of 1,859.95 feet with the
easterly line of MacGregors Subdivision as recorded in Volume 92B,
Page 467 of the Galveston County Map Records to a 1/2-inch iron rod
found for corner from which a found 5/8-inch iron rod with a cap
stamped "Hovis Surveying", bears S 76° 54' W, 0.73 feet and from
which a found 5/8-inch iron rod bears S 44° 41' W, 2.73 feet;
THENCE S 88° 00' 16" W, a distance of 514.36 feet to a 5/8-inch
iron rod with cap stamped "Hovis Surveying" found for corner from
which a found 1/2-inch pinched top pipe which bears S 18° 04' E, 3.96
feet;
THENCE N 01° 59' 44" W, a distance of 816.75 feet to a 5/8-inch
iron rod with cap stamped "Hovis Surveying" found for corner from
which a found 5/8-inch iron rod bears S 20° 29' W, 1.11 feet;
THENCE N 88° 00' 16" E, a distance of 513.33 feet to a 5/8-inch
iron rod with cap stamped "Hovis Surveying" found for corner from
which a found 1/2-inch iron rod bears S 85° 27' W, 0.92 feet and from
which a found 5/8-inch iron rod bears S 24° 13' E, 1.70 feet;
THENCE N 01° 59' 44" W, a distance of 1,496.6.3 feet to a
5/8-inch iron rod with cap stamped "Brown & Gay" set for corner from
which a found 5/8-inch iron rod with a cap stamped "Hovis
Surveying", bears S 66° 03' E, 0.56 feet and a found 5/8-inch iron
rod which bears S 85° 42' W, 1.68 feet;
THENCE N 88° 01' 42" E, a distance of 3,892.86 feet to a 5/8"
iron rod found for corner along the south line of Interurban Gardens
Subdivision recorded in Volume 223, Page 207 of the Galveston
County Map Records;
THENCE N 01° 58' 11" W, a distance of 4,584.40 feet along the
west line of said Interurban Gardens Subdivision to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set in the south right-of-way
line of Holland Road (60-foot width) dedicated by instrument
recorded in Volume 1199, Page 407 of the Galveston County Deed
Records for the northwest corner of this tract;
THENCE N 87° 54' 50" E, a distance of 1,063.95 feet, with the
south right-of-way line of said Holland Road to a 5/8-inch iron rod
with cap stamped "Brown & Gay" set in the southwesterly
right-of-way line of said Interstate Highway 45 (Width Varies) for
the northeast corner of this tract;
THENCE with the southwesterly right-of-way line of said
Interstate Highway 45 (Width Varies) as follows:
S 01° 26' 48" E, a distance of 10.19 feet to a TxDOT monument
found for corner;
S 59° 51' 01" E, a distance of 99.95 feet to a TxDOT monument
found for corner;
S 29° 02' 56" E, a distance of 38.17 feet to a TxDOT monument
found for corner and point of curve from which a found 5/8-inch iron
rod bears S 09° 48' E, 5.28 feet;
in a southeasterly direction, 480.47 feet, with the arc of a
curve to the left, having a radius of 423.06 feet, a central angle
of 65° 04' 17" and chord which bears S 60° 14' 11" E, 455.06 feet to a
TxDOT monument found at the point of tangency from which a 5/8-inch
iron rod bears N 16° 14' W, 3.45 feet;
N 87° 26' 16" E, a distance of 291.31 feet to a broken TxDOT
monument found for corner and point of curve;
in a southeasterly direction, 464.90 feet, with the arc of a
curve to the right, having a radius of 533.69 feet, a central angle
of 49° 54' 39" and chord which bears S 67° 36' 31" E, 450.34 feet to a
disturbed TxDOT monument found at the end of curve from which a
found 5/8-inch iron rod bears N 08° 38' E, 2.55 feet;
S 42° 40' 24" E, a distance of 4811.23 feet to a TxDot
monument, and a 5/8-inch iron rod with cap stamped "Hovis
Surveying" found for corner;
N 47° 19' 36" E, a distance of 40.00 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner from which a
found broken TxDot monument which bears N 53° 47' W, 0.78 feet, and
from which a found broken TxDot monument bears N 44° 02' W, 5.46
feet;
S 42° 40' 24" E, a distance of 70.00 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner;
S 47° 19'36" W, a distance of 40.00 feet to a 5/8-inch iron rod
with cap stamped "Hovis Surveying" found for corner from which a
found TxDot monument bears N 41° 18' W, 7.38 feet;
S 42° 40' 24" E, a distance of 3,695.12 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found in a northerly line of
said 18.205 acre Excepted Tract for a northeasterly corner of this
tract;
THENCE with the lines of said 18.205 acre Excepted Tract as
follows:
S 88° 09' 37" W, a distance of 331.52 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner of this tract;
S 01° 50' 23" E, a distance of 361.50 feet to a 5/8-inch iron
rod found for corner of this tract;
N 88° 09' 37" E, a distance of 303.09 feet to a 5/8-inch iron
rod found for corner of this tract;
S 01° 50' 23" E, a distance of 654.38 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner of this tract;
S 88° 09' 37" W, a distance of 301.50 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner of this tract;
S 01° 50' 23" E, a distance of 361.50 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner of this tract;
N 88° 09' 37" E, a distance of 301.50 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner of this tract;
S 01° 50' 23" E, a distance of 886.42 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
S 88° 09' 37" W, a distance of 228.10 feet to a 5/8-inch iron
rod found for corner of this tract;
N 01° 50' 23" W, a distance of 70.07 feet to a 5/8-inch iron
rod found for corner of this tract;
S 88° 09' 37" W, a distance of 361.50 feet to a 5/8-inch iron
rod found for corner of this tract;
S 01° 50' 23" E, a distance of 361.50 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
N 88° 09' 37" E, a distance of 361.50 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
N 01° 50' 23" W, a distance of 231.43 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
N 88° 09' 37" E, a distance of 228.10 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
S 01° 50' 23" E, a distance of 1,442.19 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
S 88° 09' 37" W, a distance of 433.49 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
N 01° 50' 23" W, a distance of 391.95 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
S 88° 09' 37" W, a distance of 361.50 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
S 01° 50' 23" E, a distance of 451.95 feet to a 5/8-inch iron
rod found for corner of this tract;
N 88° 09' 37" E, a distance of 794.99 feet to a 5/8-inch iron
rod with cap stamped "Hovis Surveying" found for corner of this
tract;
THENCE S 01° 50' 23" E, a distance of 195.46 feet to the POINT
OF BEGINNING and containing 1,997.05 acres of land.
Tract 2 - 35.98 ACRE TRACT
BEGINNING at a 5/8-inch iron rod with cap stamped "Brown &
Gay" set in the east line of Holland Road Estates Section Two, a
subdivision recorded in Volume 18, Page 442 of the Galveston County
Map Records, the west line of said called 2,052.761 acre tract and
in the north right-of-way line of Holland Road (60-foot width)
dedicated by instrument recorded in Volume 1199, Page 407 of the
Galveston County Deed Records for the southwest corner and POINT OF
BEGINNING of this tract;
THENCE N 01° 58' 11" W, a distance of 2,045.75 feet to a
5/8-inch iron rod with cap stamped "Hovis Surveying" found in the
southwesterly right-of-way line of Interstate Highway 45 (Width
Varies) for the north corner of this tract;
THENCE with the southwesterly right-of-way line of
Interstate Highway 45 (Width Varies) as follows:
S 42° 38' 35" E, a distance of 1,594.72 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner and point of
curve;
In a southeasterly direction, 558.46 feet, with the arc of a
curve to the right, having a radius of 533.69 feet, a central angle
of 59° 57' 19" and chord which bears S 12° 26' 02" E, 533.33 feet to a
broken TxDot monument found for corner;
S 17° 32' 12" W, a distance of 51.06 feet to a TxDot monument
found for corner and point of curve, from which a found 5/8-inch
iron rod bears S 73° 23' W, 2.05 feet;
in a southeasterly direction, 185.89 feet, with the arc of a
curve to the left, having a radius of 423.06 feet, a central angle
of 25° 10' 32" and chord which bears S 04° 30' 42" W, 184.40 feet to a
TxDot monument found at the point of tangency from which a found
5/8-inch iron rod bears S 89° 02' W, 0.98 feet;
S 07° 34' 27" E, a distance of 35.11 feet to a broken TxDot
monument found for corner;
S 46° 19' 11" W, a distance of 49.82 feet to a broken TxDot
monument found for corner from which a found 5/8-inch iron rod bears
N66° 13' W, 0.70 feet;
S 01° 26' 48" E, a distance of 10.19 feet to a 5/8-inch iron
rod with cap stamped "BROWN & GAY" set in the north right-of-way
line of Holland Road for the northeast corner of this tract;
THENCE S 87° 54' 50" W, a distance of 1,064.50 feet, with the
north right-of-way line of Holland Road the POINT OF BEGINNING and
containing 35.98 acres 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.