79R11043 MXM-F
By: Armbrister S.B. No. 1820
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the West Fort Bend Management District;
providing authority to levy an assessment, impose a tax, and issue
bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. WEST FORT BEND MANAGEMENT DISTRICT. Subtitle C,
Title 4, Special District Local Laws Code, is amended by adding
Chapter 3835 to read as follows:
CHAPTER 3835. WEST FORT BEND MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3835.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the West Fort Bend Management
District.
Sec. 3835.002. WEST FORT BEND MANAGEMENT DISTRICT. The
West Fort Bend Management District is a special district created
under Section 59, Article XVI, Texas Constitution.
Sec. 3835.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the cities of
Richmond and Rosenberg, Fort Bend County, and other political
subdivisions to contract with the district, the legislature has
established a program to accomplish the public purposes set out in
Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district territory.
(c) The creation of the district will establish an economic
climate that encourages sustainable growth and improves the quality
of life of citizens.
(d) This chapter and the creation of the district may not be
interpreted to relieve Fort Bend County and the Cities of Richmond
and Rosenberg from providing the level of services provided as of
the effective date of the Act enacting this chapter, to the area in
the district. The district is created to supplement and not to
supplant the county or city services provided in the area in the
district.
Sec. 3835.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) 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.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3835.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district contained
in Section 2 of the Act enacting this chapter 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 a purpose for
which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3835.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created by a
municipality under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by a
municipality under Chapter 312, Tax Code; or
(3) an enterprise zone created by a municipality under
Chapter 2303, Government Code.
Sec. 3835.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3835.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3835.009-3835.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3835.051. BOARD OF DIRECTORS; TERMS. (a) The district
is governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board, but only if the board determines that the
change is in the best interest of the district. The board may not
consist of fewer than five or more than 15 voting directors.
Sec. 3835.052. APPOINTMENT OF DIRECTORS. (a) From persons
recommended by the board:
(1) the City of Richmond shall appoint two voting
directors;
(2) the City of Rosenberg shall appoint two voting
directors; and
(3) the cities shall jointly appoint one voting
director.
(b) For an appointment under Subsection (a)(1) or (2), a
person is appointed if a majority of the members of the governing
body of the city, including the mayor, vote to appoint that person.
For an appointment under Subsection (a)(3), a person is appointed
if a majority of the members of the governing body of each city,
including the mayor, vote to appoint that person.
(c) If the board increases the number of voting directors
from five, an equal number of directors must be appointed by the
Cities of Richmond and Rosenberg. The remaining director, if any,
must be appointed jointly by the cities as provided by this section.
Sec. 3835.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3835.054. QUORUM. For purposes of the requirements
for a quorum, the following are not counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3835.055. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors: Pos. No. Name of Director
1 Lane Ward
2 Paul J. Council
3 Joey Dupres
4 Bill Knesek
5 Pat Gubbels
(b) Of the initial voting directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2007, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2009.
(c) Section 3835.052 does not apply to this section.
(d) This section expires September 1, 2010.
[Sections 3835.056-3835.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3835.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Section 4B, Development
Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
Statutes), including the power to own, operate, acquire, construct,
lease, improve, or maintain a project described by that section;
and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district.
Sec. 3835.102. POWER TO REGULATE DEVELOPMENT STANDARDS;
DISSOLUTION. (a) The district may exercise the powers given to a
municipality under Chapter 211, Local Government Code, including
the power to regulate aesthetic development standards.
(b) A regulation adopted by the board under this section is
in addition to regulations of the City of Richmond or Rosenberg. To
the extent of any conflict between a board regulation adopted under
this section and a regulation of the City of Richmond or Rosenberg,
the more restrictive regulation controls.
(c) The board may provide in a regulation that if the
district dissolves, the restriction in the regulation continues in
effect after the dissolution as a regulation of the city with
jurisdiction over the territory to which the regulation applies
until modified or repealed by the governing body of the City of
Richmond or Rosenberg, as appropriate.
Sec. 3835.103. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. A director of the corporation is not
required to reside in the district.
(d) 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.
Sec. 3835.104. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3835.105. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with Fort
Bend County or the City of Richmond or Rosenberg for the county or
the city to provide law enforcement services in the district for a
fee.
Sec. 3835.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501(c)(3),
(4), or (6), Internal Revenue Code of 1986; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3835.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one or
more programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) For purposes of this section, the district has all of
the powers of a municipality under Chapter 380, Local Government
Code.
Sec. 3835.108. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
[Sections 3835.109–3835.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3835.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3835.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3835.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for Fort Bend County.
Sec. 3835.154. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified United States mail or an equivalent
service that can provide a record of mailing or other delivery.
Sec. 3835.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense 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 a 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 board's
resolution 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) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3835.156. AD VALOREM TAX. (a) If authorized at an
election held in accordance with Section 3835.160, the district may
impose an annual ad valorem tax on taxable property in the district
for any district purpose, including to:
(1) promote economic development;
(2) maintain and operate the district;
(3) construct or acquire improvements; or
(4) provide a service.
(b) The board shall determine the tax rate.
Sec. 3835.157. PROPERTY EXEMPT FROM IMPACT FEES OR
ASSESSMENTS. (a) The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
(b) The district may not impose an assessment on
single-family residential property.
Sec. 3835.158. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue by competitive bid or negotiated sale bonds or
other obligations payable wholly or partly from 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. The sources of money may include economic
development money contributed by the City of Richmond or Rosenberg
or by an economic development corporation created under the
Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
Civil Statutes).
(b) In exercising the district's power to borrow, 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.
Sec. 3835.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
Sec. 3835.160. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes an ad valorem tax or issues bonds payable from
ad valorem taxes.
(b) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 3835.161. CITIES NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the Cities of Richmond and Rosenberg are not
required to pay a bond, note, or other obligation of the district.
Sec. 3835.162. COMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that
has a value greater than $25,000.
Sec. 3835.163. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
[Sections 3835.164-3835.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3835.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of
whether the district has debt. Section 375.264, Local Government
Code, does not apply to the district.
(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
SECTION 2. BOUNDARIES. As of the effective date of this
Act, the West Fort Bend Management District includes all territory
contained in the following described area:
TRACT A (U.S. HIGHWAY 59) - BEGINNING at a point in the
centerline of State Highway 36 being 2,000 feet southerly of the
centerline of U.S. Highway 59; THENCE in a westerly direction along
a line being 2,000 feet southerly of the centerline of U.S. Highway
59, crossing Spur Highway 10, and continuing to a point being 2,000
feet southeasterly of and perpendicular to the point of
intersection of the centerline of U.S. Highway 59 with the most
westerly City Limits Line of the City of Rosenberg along U.S.
Highway 59 for the southwest corner of this tract; THENCE in a
northwesterly direction 2,000 feet to the point of intersection of
the centerline of U.S. Highway 59 with the most westerly City Limits
Line of the City of Rosenberg along U.S. Highway 59; THENCE in a
northerly direction following the City Limits Line of the City of
Rosenberg to the point of intersection of said line with the
southerly right-of-way line of Spur Highway 540; THENCE along the
southerly right-of-way line of Spur Highway 540 to the point of
intersection of said line with the extension of the southwesterly
right-of-way line of Hamlink Road; THENCE in a northwesterly
direction along the southwesterly right-of-way line of Hamlink Road
to the point of intersection of said line with a line being 2,000
feet northwesterly of and parallel to the centerline of U.S.
Highway 59 for the northwest corner of this tract; THENCE in a
northeasterly direction along a line being 2,000 feet northerly of
and parallel to the centerline of U.S. Highway 59, crossing Spur
Highway 10, crossing State Highway 36, crossing F.M. Highway 2218,
crossing F.M. Highway 762, and continuing to the point of
intersection of said line with the most easterly Extraterritorial
Jurisdiction Line of the City of Richmond, same being the most
westerly Extraterritorial Jurisdiction Line of the City of Sugar
Land, for the northeast corner of this tract; THENCE in a southerly
direction along the common line of the Extraterritorial
Jurisdiction of the City of Richmond and the Extraterritorial
Jurisdiction of the City of Sugar Land to a point being 2,000 feet
southerly of and parallel to the centerline of U.S. Highway 59 for
the southeast corner of this tract; THENCE in a westerly direction
along a line being 2,000 feet southerly of and parallel to the
centerline of U.S. Highway 59, crossing F.M. Highway 762, crossing
F.M. Highway 2218, and continuing to the PLACE OF BEGINNING.
TRACT B (SPUR HIGHWAY 10) - BEGINNING at a point in the
centerline of Spur Highway 10, 2,000 feet northwesterly of the
centerline intersection of Spur Highway 10 with U.S. Highway 59;
THENCE in a northeasterly direction along a line being 2,000 feet
northwesterly of and parallel to the centerline of U.S. Highway 59
to a point being 2,000 feet northeasterly of the centerline of Spur
Highway 10 for the southeast corner of this tract; THENCE in a
northerly direction along a line being 2,000 feet easterly of and
parallel to the centerline of Spur Highway 10, crossing U.S.
Highway 90A, and continuing to a point being 2,000 feet southerly of
the centerline of State Highway 36 for the northeast corner of this
tract; THENCE in a northwesterly direction 2,000 feet southwesterly
of and parallel to the centerline of State Highway 36, crossing the
centerline of Spur Highway 10, and continuing to a point being 2,000
feet westerly of the centerline of Spur Highway 10, for the
northwest corner of this tract; THENCE in a southerly direction
along a line being 2,000 feet westerly of and parallel to the
centerline of Spur Highway 10, crossing U.S. Highway 90A, and
continuing to a point being 2,000 feet northwesterly of the
centerline of U.S. Highway 59 for the southwest corner of this
tract; THENCE in a northeasterly direction along a line being 2,000
feet northwesterly of and parallel to the centerline of U.S.
Highway 59 to the PLACE OF BEGINNING.
TRACT C - (STATE HIGHWAY 36) - BEGINNING at a point in the
centerline of State Highway 36, being 2,000 feet northerly of the
centerline of U.S. Highway 59; THENCE in a westerly direction along
a line being 2,000 feet northerly of and parallel to the centerline
of U.S. Highway 59 to a point being 2,000 feet westerly of the
centerline of State Highway 36 for the lower southwest corner of
this tract; THENCE in a northerly direction along a line being 2,000
feet westerly of and parallel to the centerline of State Highway 36
running in a north-south direction to a point being 2,000 feet
southerly of the centerline of State Highway 36 running in an
east-west direction; THENCE westerly along a line being 2,000 feet
southerly of and parallel to the centerline of State Highway 36,
crossing Spur Highway 529, crossing U.S. Highway 90A, and crossing
Spur Highway 10, and continuing to a point in the extension of the
most westerly City Limits Line of the City of Rosenberg along State
Highway 36 for the upper southwest corner of this tract; THENCE in a
northerly direction on a line perpendicular to the centerline of
State Highway 36, at 2,000 feet pass the centerline of State Highway
36, and continuing to a point being 2,000 feet northerly of the
centerline of State Highway 36 for the northwest corner of this
tract; THENCE in an easterly direction along a line being 2,000 feet
northerly of and parallel to the centerline of State Highway 36 to a
point being 2,000 feet westerly of the centerline of F.M. Highway
723; THENCE in a northerly direction along a line being 2,000 feet
westerly of and parallel to the centerline of F.M. Highway 723 to a
point on the southerly bank of the Brazos River; THENCE in an
easterly direction with the southerly bank of the Brazos River to a
point being 2,000 feet easterly of the centerline of F.M. Highway
723 for the northeast corner of this tract; THENCE in a southerly
direction along a line being 2,000 feet easterly of and parallel to
the centerline of F.M. Highway 723 to a point in the centerline of
U.S. Highway 90A, being 2,000 feet easterly of the centerline of
State Highway 36; THENCE in a southerly direction along a line being
2,000 feet easterly of and parallel to the centerline of State
Highway 36 to a point being 2,000 feet northerly of the centerline
of U.S. Highway 59 for the southeast corner of this tract; THENCE in
a westerly direction along a line being 2,000 feet northerly of and
parallel to the centerline of U.S. Highway 59 to the PLACE OF
BEGINNING.
TRACT D (U.S. HIGHWAY 90A) - BEGINNING at a point being 2,000
feet easterly of the centerline of State Highway 36 running in a
north-south direction and being 2,000 feet southerly of the
centerline of U.S. Highway 90A for the southwest corner of this
tract; THENCE in a northerly direction along a line 2,000 feet
easterly of and parallel to the centerline of State Highway 36 to a
point for corner in the centerline of U.S. Highway 90A; THENCE in a
northwesterly direction along a line 2,000 feet easterly of and
parallel to the centerline of F.M. Highway 723 to a point 2,000 feet
northerly of the centerline of U.S. Highway 90A for the northwest
corner of this tract; THENCE in a northeasterly direction along a
line 2,000 feet northerly of and parallel to the centerline of U.S.
Highway 90A, crossing F.M. Highway 359, and continuing to a point
for the northeast corner of this tract in the centerline of F.M.
Highway 1464; THENCE in a southerly direction along the centerline
of F.M. Highway 1464 to a point for corner in the northerly
right-of-way line of the Union Pacific Railroad; THENCE in a
southwesterly direction along the northerly right-of-way line of
the Union Pacific Railroad to a point for corner in the intersection
of the northerly projection of the most easterly line of the Sandra
Smith Dompier call 1667.007 acre tract (Fort Bend County Clerks
File No. 9892308); THENCE in a southerly direction crossing the
Union Pacific Railroad right-of-way and the U.S. Highway 90A
right-of-way to a point for the northeast corner of said call
1667.007 acre tract; THENCE in a southerly direction along the most
easterly line of said call 1667.007 acre tract to a point 2,000 feet
southerly of the centerline of U.S. Highway 90A for the southeast
corner of this tract; THENCE in a southwesterly direction along a
line 2,000 feet southerly of and parallel to the centerline of U.S.
Highway 90A, crossing F.M. Highway 762, and continuing to the PLACE
OF BEGINNING.
TRACT E (F.M. HIGHWAY 359) - BEGINNING at a point being 2,000
feet northwesterly of the centerline of U.S. Highway 90A and being
2,000 feet westerly of the centerline of F.M. Highway 359 for the
most southerly southwest corner of this tract; THENCE in a
northerly direction along a line 2,000 feet westerly of and
parallel to the centerline of F.M. Highway 359 to a point for corner
2,000 feet southerly of the centerline of F.M. Highway 359; THENCE
in a westerly direction along a line 2,000 feet southerly of and
parallel to the centerline of F.M. Highway 359 to a point being
southerly 2,000 feet from the intersection of the centerline of
F.M. Highway 359 with the centerline of Jones Creek for the
southwest corner of this tract; THENCE in a northerly direction, at
2,000 feet pass the centerline of F.M. Highway 359 and the
centerline of said Jones Creek, in all 4,000 feet to a point 2,000
feet northerly of the centerline of F.M. Highway 359 for the
northwest corner of this tract; THENCE in an easterly direction
then southerly along a line 2,000 feet northerly of then easterly of
the centerline of F.M. Highway 359 to a point 2,000 feet northerly
of the centerline of U.S. Highway 90A for the southeast corner of
this tract; THENCE in a southwesterly direction along a line 2,000
feet northwesterly of the centerline of U.S. Highway 90A to the
PLACE OF BEGINNING.
TRACT F (F.M. HIGHWAY 2218) - BEGINNING at a point in the
centerline F.M. Highway 2218 being 2,000 feet northerly of the
centerline of U.S. Highway 59; THENCE in a westerly direction along
a line being 2,000 feet northerly of and parallel to the centerline
of U.S. Highway 59 to a point being 2,000 feet northwesterly of the
centerline of F.M. Highway 2218 for the southwest corner of this
tract; THENCE in a northeasterly direction along a line being 2,000
feet northwesterly of and parallel to the center line of F.M.
Highway 2218 to a point being 2,000 feet southwesterly of the
centerline of F.M. Highway 762 for the north corner of this tract;
THENCE in a southeasterly direction along a line being 2,000 feet
southwesterly of and parallel to the centerline of F.M. Highway 762
to a point being 2,000 feet southeasterly the centerline of F.M.
Highway 2218 for the upper southeast corner of this tract; THENCE in
a southwesterly direction along a line being 2,000 feet
southeasterly of and parallel to the centerline of F.M. Highway
2218 to a point being 2,000 feet northerly of the centerline of U.S.
Highway 59 for the lower southeast corner of this tract; THENCE in a
westerly direction along a line being 2,000 feet northerly of and
parallel to the centerline of U.S. Highway 59 to the PLACE OF
BEGINNING.
TRACT G (F.M. HIGHWAY 762) - BEGINNING at a point being 2,000
feet northwesterly of the centerline of U.S. Highway 59 and being
2,000 feet southwesterly of the centerline of F.M. Highway 762 for
the southwest corner of this tract; THENCE in a northwesterly
direction along a line 2,000 feet southwesterly of the centerline
of F.M. Highway 762 to a point being 2,000 feet southeasterly of the
centerline of U.S. Highway 90A for the northwest corner of this
tract; THENCE in a northeasterly direction along a line 2,000 feet
southeasterly of the centerline of U.S. Highway 90A to a point being
2,000 feet northeasterly of the centerline of F.M. Highway 762 for
the northeast corner of this tract; THENCE in a southeasterly
direction along a line 2,000 feet northeasterly of the centerline
of F.M. Highway 762 to a point being 2,000 feet northwesterly of the
centerline of U.S. Highway 59 for the southeast corner of this
tract; THENCE in a southwesterly direction along a line 2,000 feet
northwesterly of the centerline of U.S. Highway 59 to the PLACE OF
BEGINNING.
TRACT H (F.M. HIGHWAY 762) - BEGINNING at a point being 2,000
feet southeasterly of the centerline of U.S. Highway 59 and being
2,000 feet southwesterly of the centerline of F.M. Highway 762 for
the west corner of this tract; THENCE in a northeasterly direction
along a line 2,000 feet southeasterly of and parallel to the
centerline of U.S. Highway 59 to a point being 2,000 feet
northeasterly of the centerline of F.M. Highway 762 for the north
corner of this tract; THENCE in a southeasterly direction along a
line 2,000 feet northeasterly of and parallel to the centerline of
F.M. Highway 762 to a point in the northwesterly right-of-way line
of Crabb-River Road for the northeast corner of this tract; THENCE
in a southwesterly direction along the northwesterly right-of-way
line of Crabb-River Road to a point for corner in the intersection
of the projection of the northwesterly right-of-way line of said
Crabb-River Road with the centerline of the F.M. Highway 762;
THENCE in a southeasterly direction along the centerline of
southbound F.M. Highway 762 to a point being 2,000 feet
southwesterly of the centerline of westbound F.M. Highway 762 for
the southeast corner of this tract; THENCE in a northwesterly
direction along a line 2,000 feet southwesterly of and parallel to
the centerline of westbound F.M. Highway 762 to the PLACE OF
BEGINNING.
SECTION 3. LEGISLATIVE FINDINGS. 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. EFFECTIVE DATE. 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.