|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Fulshear Municipal Utility District |
|
No. 3; providing authority to impose taxes and issue bonds; |
|
granting a limited 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 8487 to read as follows: |
|
CHAPTER 8487. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8487.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Fulshear Municipal Utility |
|
District No. 3. |
|
Sec. 8487.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8487.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
REQUIRED. The temporary directors shall hold an election to |
|
confirm the creation of the district and to elect five permanent |
|
directors as provided by Section 49.102, Water Code. |
|
Sec. 8487.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 8487.003 |
|
until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 8487.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8487.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act enacting this chapter form a closure. A mistake made in the |
|
field notes or in copying the field notes in the legislative process |
|
does not 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 a tax; or |
|
(4) legality or operation. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8487.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8487.052, directors serve |
|
staggered four-year terms. |
|
Sec. 8487.052. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2013, the owner or owners of a majority of the assessed |
|
value of the real property in the district may submit a petition to |
|
the commission requesting that the commission appoint as temporary |
|
directors the five persons named in the petition. The commission |
|
shall appoint as temporary directors the five persons named in the |
|
petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8487.003; or |
|
(2) September 1, 2017. |
|
(c) If permanent directors have not been elected under |
|
Section 8487.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
|
reappointed as provided by Subsection (d) to serve terms that |
|
expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8487.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8487.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8487.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
DUTIES. The district has the powers and duties provided by the |
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
applicable to municipal utility districts created under Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 8487.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
52, Article III, Texas Constitution, the district may design, |
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
maintain, and convey to this state, a county, or a municipality for |
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8487.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
|
road project must meet all applicable construction standards, |
|
zoning and subdivision requirements, and regulations of each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the road project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 8487.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. The district shall comply with all applicable |
|
requirements of any ordinance or resolution that is adopted under |
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
Sec. 8487.106. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if: |
|
(1) the district has no outstanding bonded debt; and |
|
(2) the district is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) Any new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 2 of the Act creating this |
|
chapter. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8487.151 to authorize the district's bonds. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
(h) Any new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 8487.003. |
|
(i) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
(j) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
commission. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8487.151. ELECTIONS REGARDING TAXES OR BONDS. |
|
(a) The district may issue, without an election, bonds and other |
|
obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 8487.153. |
|
(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 an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(c) The district may not issue bonds payable from ad valorem |
|
taxes to finance a road project unless the issuance is approved by a |
|
vote of a two-thirds majority of the district voters voting at an |
|
election held for that purpose. |
|
Sec. 8487.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8487.151, the district |
|
may impose an operation and maintenance tax on taxable property in |
|
the district in accordance with Section 49.107, Water Code. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
Sec. 8487.153. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8487.201. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 8487.202. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 8487.203. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
|
SECTION 2. The Fulshear Municipal Utility District No. 3 |
|
initially includes all the territory contained in the following |
|
area: |
|
FIELD NOTES FOR A 1,354.459 ACRE TRACT OF LAND IN THE H. & T. C. |
|
RAILROAD COMPANY SURVEY SECTION 75, ABSTRACT 155, AND THE H. & T. C. |
|
RAILROAD COMPANY SURVEY SECTION 105, ABSTRACT 416, WALLER COUNTY |
|
TEXAS, AND THE H. & T. C. RAILROAD COMPANY SURVEY SECTION 75, |
|
ABSTRACT 732, THE H. & T. C. RAILROAD COMPANY SURVEY SECTION 105, |
|
ABSTRACT 261, THE J. G. BENNETT SURVEY, ABSTRACT 611, AND THE J. D. |
|
VERMILLION SURVEY, ABSTRACT 339, FORT BEND COUNTY, TEXAS, SAID |
|
1,354.459 ACRE TRACT BEING OUT OF THE ESTATE OF BESSIE MAE JORDAN AS |
|
RECORDED UNDER COUNTY CLERK'S FILE NUMBER 2000015121, OFFICIAL |
|
PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, AND IN VOLUME 0648, PAGE |
|
384, OFFICIAL RECORDS, WALLER COUNTY, TEXAS, SAID 1,354.459 ACRE |
|
TRACT ALSO BEING COMPRISED OF THAT CERTAIN CALLED 200 ACRE TRACT |
|
DESCRIBED IN DEED RECORDED IN VOLUME 252, PAGE 465, DEED RECORDS, |
|
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 110 ACRE TRACT |
|
DESCRIBED IN DEED RECORDED IN VOLUME 252, PAGE 465, DEED RECORDS, |
|
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 137-1/2 ACRE TRACT |
|
DESCRIBED IN DEED RECORDED IN VOLUME 208, PAGE 635, DEED RECORDS, |
|
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 160 ACRE TRACT |
|
DESCRIBED IN DEED RECORDED IN VOLUME 208, PAGE 633, DEED RECORDS, |
|
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 200 ACRE TRACT |
|
DESCRIBED IN DEED RECORDED IN VOLUME 251, PAGE 551, DEED RECORDS, |
|
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 75.856 ACRE TRACT |
|
DESCRIBED IN DEED RECORDED IN VOLUME 416, PAGE 572, DEED RECORDS, |
|
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 10 ACRE TRACT |
|
DESCRIBED IN DEED RECORDED IN VOLUME 281, PAGE 207, DEED RECORDS, |
|
FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED 2.0 ACRE TRACT |
|
DESCRIBED IN DEED RECORDED IN VOLUME 523, PAGE 545, DEED RECORDS, |
|
FORT BEND COUNTY, TEXAS, THE RESIDUE OF THAT CERTAIN CALLED 40 ACRE |
|
TRACT DESCRIBED IN DEED RECORDED IN VOLUME 70, PAGE 68, DEED |
|
RECORDS, FORT BEND COUNTY, TEXAS, AND THE RESIDUE OF THE H. & T. C. |
|
RAILROAD COMPANY SURVEY SECTION 75, ABSTRACT 155, WALLER COUNTY |
|
TEXAS, AND ABSTRACT 732, FORT BEND COUNTY, TEXAS, WITH ALL BEARINGS |
|
BEING GRID AND COORDINATES BEING TEXAS STATE PLANE, SOUTH CENTRAL |
|
ZONE, NAD83, BASED UPON GPS OBSERVATIONS OF N.G.S. TRIANGULATION |
|
STATION "BROOKSHIRE", SCALE FACTOR USED = 0.99988896. |
|
COMMENCING at a 1/2 inch iron pipe with cap marked "Kalkomey |
|
Surveying" found on the common line of the H. & T. C. Railroad |
|
Company Survey Section 75, Abstract 155, Waller County, Texas, and |
|
Abstract 732, Fort Bend County, Texas, and the adjoining H. & T. C. |
|
Railroad Company Survey Section 76, Abstract 322, Waller County, |
|
Texas, and Abstract 764, Fort Bend County, Texas, at its |
|
intersection with the east right-of-way line of Woods Road (80-feet |
|
wide), said point being the southwest corner of an adjoining called |
|
280.3406 acre tract described in deed recorded in Volume 0817, Page |
|
027, Official Records, Waller County, Texas, and being in the north |
|
line of Jordan Road (70-foot wide private road), said point having |
|
coordinates of X = 2,945,451.66, Y = 13,835,816.55; |
|
THENCE North 88 degrees 02 minutes 42 seconds East (adjoiner called |
|
North 88 degrees 02 minutes 42 seconds East) along the common line |
|
of the H. & T. C. Railroad Company Survey Section 75, and said |
|
adjoining H. & T. C. Railroad Company Survey Section 76, at 270.00 |
|
feet pass a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" |
|
set on said line for the northwest corner of an adjoining 15.396 |
|
acre tract surveyed by the undersigned this date, and continuing |
|
for a total distance of 1,000.45 feet to a 1/2 inch iron pipe with |
|
cap marked "Kalkomey Surveying" set on said line for a northwest |
|
corner and Place of Beginning of the herein described 1,354.459 |
|
acre tract, same being the northeast corner of said adjoining |
|
15.396 acre tract; |
|
THENCE North 88 degrees 02 minutes 42 seconds East (adjoiner called |
|
North 88 degrees 02 minutes 42 seconds East) continuing along said |
|
common line, being the north line of the residue of said called 40 |
|
acre tract and the north line of said residue of the H. & T. C. |
|
Railroad Company Survey Section 75, same being the south line of |
|
said adjoining called 280.3406 acre tract, 5,016.89 feet to a 3/4 |
|
inch iron pipe found for reentry corner to the herein described |
|
tract, said point being the northeast corner of said residue of the |
|
H. & T. C. Railroad Company Survey Section 75, same being the |
|
southeast corner of the H. & T. C. Railroad Company Survey Section |
|
76, and the southeast corner of said adjoining called 280.3406 acre |
|
tract, and being in the west line of the H. & T. C. Railroad Company |
|
Survey Section 105, Abstract 416, Waller County, Texas, and |
|
Abstract 261, Fort Bend County, Texas, same being the west line of |
|
said called 200 acre tract recorded in Volume 252, Page 465, Deed |
|
Records, Fort Bend County, Texas; |
|
THENCE North 01 degree 54 minutes 20 seconds West (adjoiner called |
|
North 01 degree 54 minutes 20 seconds West) along the common line of |
|
the H. & T. C. Railroad Company Survey Section 105, and the H. & T. |
|
C. Railroad Company Survey Section 76, same being the common line of |
|
the herein described tract and said adjoining called 280.3406 acre |
|
tract, 1,520.90 feet to a 1/2 inch iron pipe with cap marked |
|
"Kalkomey Surveying" set for the upper northwest corner of the |
|
herein described tract, the northwest corner of said called 200 |
|
acre tract, and the northwest corner of the H. & T. C. Railroad |
|
Company Survey Section 105, same being the southwest corner of the |
|
adjoining J. G. Bennett Survey, Abstract 292, Waller County, Texas, |
|
and Abstract 568, Fort Bend County, Texas, and the southwest corner |
|
of an adjoining called 261.701 acre tract described in deed |
|
recorded in Volume 0808, Page 067, Official Records, Waller County, |
|
Texas; |
|
THENCE North 87 degrees 37 minutes 00 seconds East (called East, |
|
adjoiner called North 87 degrees 37 minutes 00 seconds East) along |
|
the common line of the H. & T. C. Railroad Company Survey Section |
|
105, and the J. G. Bennett Survey, same being the common line of the |
|
herein described tract and said adjoining called 261.701 acre |
|
tract, 2,705.78 feet (called 950 varas, 2,638.89 feet, adjoiner |
|
called 2,705.78 feet) to a 1/2 inch iron pipe with cap marked |
|
"Kalkomey Surveying" found on said line for angle point, said point |
|
being the northeast corner of the H. & T. C. Railroad Company Survey |
|
Section 105, same being the northwest corner of the J. G. Bennett |
|
Survey, Abstract 611, Fort Bend County, Texas, said point also |
|
being the northeast corner of said called 200 acre tract recorded in |
|
Volume 252, Page 465, Deed Records, Fort Bend County, Texas, same |
|
being the northwest corner of said called 160 acre tract recorded in |
|
Volume 200 date, Page 635, Deed Records, Fort Bend County, Texas; |
|
THENCE North 87 degrees 31 minutes 40 seconds East (called North 89 |
|
degrees 40 minutes East, adjoiner called North 87 degrees 31 |
|
minutes 44 seconds East) along the common line of the J. G. Bennett |
|
Survey, Abstract 611, and the J. G. Bennett Survey, Abstract 568, |
|
same being the common line of the herein described tract and said |
|
adjoining called 261.701 acre tract, 2,597.32 feet (called 2,640 |
|
feet, adjoiner called 2,597.32 feet) to a 12-inch square concrete |
|
post found on said line for angle point, being the northeast corner |
|
of said called 160 acre tract (Volume 208, Page 635, Deed Records, |
|
Fort Bend County, Texas), the southeast corner of said adjoining |
|
called 261.701 acre tract, the southwest corner of an adjoining |
|
called 316 acre tract described in deed recorded in Volume 0553, |
|
Page 088, Official Records, Waller County, Texas, and the northwest |
|
corner of said called 75.856 acre tract recorded in Volume 416, Page |
|
572, Deed Records, Fort Bend County, Texas, said point also being |
|
the northeast corner of the J. G. Bennett Survey, Abstract 611, the |
|
southeast corner of the J. G. Bennett Survey, Abstract 568, the |
|
southwest corner of the Jesse Thompson Survey, Abstract 292 and the |
|
northwest corner of the J. D. Vermillion Survey, Abstract 339; |
|
THENCE North 87 degrees 49 minutes 24 seconds East (adjoiner called |
|
East) along the common line of the J. D. Vermillion Survey, Abstract |
|
339, and the Jesse Thompson Survey, Abstract 292, same being the |
|
common line of the herein described tract and said adjoining called |
|
316 acre tract, 1,888.76 feet (called 1,910.87 feet) to a 5/8 inch |
|
iron rod with cap marked "Cotton Surveying" inside a 1-inch iron |
|
pipe found for the upper northeast corner of the herein described |
|
tract and the northeast corner of said called 75.856 acre tract, |
|
same being the northwest corner of an adjoining called 430.083 acre |
|
tract described in deed recorded in Volume 2185, Page 899, Official |
|
Records, Fort Bend County, Texas; |
|
THENCE South 02 degrees 10 minutes 37 seconds East (called South, |
|
adjoiner called South 00 degrees 08 minutes 16 seconds East) along |
|
the common line of the herein described tract and said adjoining |
|
called 430.083 acre tract, 2,024.61 feet (called 2,002.77 feet, |
|
adjoiner called 2,024.13 feet) to a 1-inch iron pipe found for |
|
reentry corner to the herein described tract, same being the upper |
|
southwest corner of said adjoining called 430.083 acre tract, said |
|
point also being the southeast corner of said called 75.856 acre |
|
tract, and being in the north line of said called 200 acre tract |
|
recorded in Volume 251, Page 551, Deed Records, Fort Bend County, |
|
Texas; |
|
THENCE North 87 degrees 53 minutes 34 seconds East (called East, |
|
adjoiner called North 89 degrees 55 minutes 56 seconds East) |
|
continuing along said common line, being the north line of said |
|
called 200 acre tract, 894.07 feet (adjoiner called 894.11 feet) to |
|
a 3/4 inch iron pipe found for the lower northeast corner of the |
|
herein described tract and the northeast corner of said called 200 |
|
acre tract, same being a reentry corner to said adjoining called |
|
430.083 acre tract; |
|
THENCE South 01 degree 56 minutes 47 seconds East (called South, |
|
adjoiner called South 00 degrees 02 minutes 54 seconds West) |
|
continuing along said common line, 3,119.21 feet (called 3,122.2 |
|
feet, adjoiner called 3,120.16 feet) to a 1-inch iron pipe found for |
|
the most easterly southeast corner of the herein described tract |
|
and the southeast corner of said called 200 acre tract, same being |
|
the lower southwest corner of said adjoining called 430.083 acre |
|
tract, and being in the north line of an adjoining called 685.9742 |
|
acre tract described in deed recorded under County Clerk's File |
|
Number 2004061394, Official Public Records, Fort Bend County, |
|
Texas; |
|
THENCE South 87 degrees 51 minutes 51 seconds West (called West, |
|
adjoiner called South 89 degrees 51 minutes 39 seconds West) along |
|
the common line of the herein described tract and said adjoining |
|
called 685.9742 acre tract, 2,792.12 feet (called 2,794.44 feet, |
|
adjoiner called 2,793.03 feet) to a 1-1/4 inch iron pipe found for |
|
the most easterly southwest corner of the herein described tract |
|
and the southwest corner of said called 200 acre tract, same being |
|
the northwest corner of said adjoining called 685.9742 acre tract, |
|
and being in the east line of an adjoining called 473.246 acre tract |
|
described in deed recorded in Volume 528, Page 132, Deed Records, |
|
Fort Bend County, Texas, said point also being in the west line of |
|
the J. D. Vermillion Survey, Abstract 339, same being the east line |
|
of the J. G. Bennett Survey, Abstract 611; |
|
THENCE North 01 degree 56 minutes 18 seconds West (called North, |
|
adjoiner called North 00 degrees 31 minutes 25 seconds West) along |
|
common line of the J. D. Vermillion Survey, Abstract 339, and the J. |
|
G. Bennett Survey, Abstract 611, same being the common line of the |
|
herein described tract and said adjoining called 473.246 acre |
|
tract, 2,445.26 feet (adjoiner called 2,445.70 feet) to a 1/2 inch |
|
iron pipe with cap marked "Kalkomey Surveying" set at a 1-1/4 inch |
|
iron pipe found disturbed for a reentry corner to the herein |
|
described tract, same being the northeast corner of said adjoining |
|
called 473.2466 tract, said point also being the southeast corner |
|
of said called 160 acre tract, and being in the west line of said |
|
called 200 acre tract (Volume 251, Page 551, Deed Records, Fort Bend |
|
County, Texas); |
|
THENCE South 87 degrees 14 minutes 39 seconds West (called South 89 |
|
degrees 40 minutes West, adjoiner called South 88 degrees 40 |
|
minutes 50 seconds West) along the common line of the herein |
|
described tract and said adjoining called 473.246 acre tract, |
|
2,533.40 feet (called 2,640 feet, adjoiner called 2,533.40 feet) to |
|
a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for |
|
reentry corner to the herein described tract, same being the |
|
northwest corner of said adjoining called 473.246 acre tract, said |
|
point being the southwest corner of said called 160 acre tract, and |
|
being in the east line of said called 200 acre tract recorded in |
|
Volume 252, Page 465, Deed Records, Fort Bend County, Texas, said |
|
point also being in the west line of the J. G. Bennett Survey, |
|
Abstract 611, and the H. & T. C. Railroad Company Survey Section |
|
105; |
|
THENCE South 01 degree 54 minutes 43 seconds East (called South, |
|
adjoiner called South 00 degrees 57 minutes 52 seconds East) along |
|
the common line of the herein described tract and said adjoining |
|
called 473.246 acre tract, same being the common line of the J. G. |
|
Bennett Survey, Abstract 611, and the H. & T. C. Railroad Company |
|
Survey Section 105, Abstract 261, same being the east line of said |
|
called 200 acre tract (Volume 252, Page 465, Deed Records, Fort Bend |
|
County, Texas), and the east line of said called 110 acre tract, |
|
2,397.64 feet (adjoiner called 2,398.52 feet) to a 1-1/4 inch iron |
|
pipe found on said line for angle point, said point being the |
|
southeast corner of said called 110 acre tract, same being the |
|
northeast corner of said called 137-1/2 acre tract; |
|
THENCE South 01 degree 12 minutes 21 seconds East (called South, |
|
adjoiner called South 00 degrees 18 minutes 20 seconds West) |
|
continuing along the common line of the herein described tract and |
|
said adjoining called 473.246 acre tract, same being the common |
|
line of the J. G. Bennett Survey, Abstract 611, and the H. & T. C. |
|
Railroad Company Survey Section 105, and along the east line of said |
|
called 137-1/2 acre tract, 2,565.81 feet (called 817 varas, |
|
2,269.44 feet, adjoiner called 2,766.96 feet) to a 3/4 inch iron |
|
pipe found for the occupied lower southeast corner of the herein |
|
described tract and the occupied southeast corner of said called |
|
137-1/2 acre tract, same being the occupied northeast corner of an |
|
adjoining called 192.50 acre tract described in deed recorded in |
|
Volume 661, Page 696, Deed Records, Fort Bend County, Texas, said |
|
point having coordinates of X = 2,954,406.59, Y = 13,829,987.63; |
|
THENCE North 86 degrees 18 minutes 38 seconds West (called West) |
|
along the occupied common line of the herein described tract and |
|
said adjoining called 192.50 acre tract, same being the occupied |
|
south line of said called 137-1/2 acre tract, 2,736.49 feet (called |
|
950 varas, 2,638.89 feet) to a 1/2 inch iron pipe with cap marked |
|
"Kalkomey Surveying" set for the occupied lower southwest corner of |
|
the herein described tract and the occupied southwest corner of |
|
said called 137-1/2 acre tract, same being the occupied northwest |
|
corner of said adjoining called 192.50 acre tract, said point also |
|
being in the east line of an adjoining called 1,316.47 acre tract |
|
described in deed recorded in Volume 671, Page 310, Deed Records, |
|
Fort Bend County, Texas, same being the common line of the H. & T. C. |
|
Railroad Company Survey Section 105, Abstract 261, and the Micajah |
|
Autrey Survey, Abstract 100, Fort Bend County, Texas; |
|
THENCE North 01 degree 59 minutes 02 seconds West (called North) |
|
along the lower west line of the herein described tract, being the |
|
west line of the H. & T. C. Railroad Company Survey Section 105, the |
|
west line of said called 137-1/2 acre tract, and the west line of |
|
said called 110 acre tract, same being the east line of said |
|
adjoining called 1,316.47 acre tract, the east line of the Micajah |
|
Autrey Survey, Abstract 100, and the east line of the H. & T. C. |
|
Railroad Company Survey Section 75, Abstract 732, Fort Bend County, |
|
Texas, 2,434.00 feet to a 2-inch iron pipe found for reentry corner |
|
to the herein described tract, same being the northeast corner of |
|
said adjoining called 1,316.47 acre tract, and the southeast corner |
|
of the aforementioned residue of the H. & T. C. Railroad Company |
|
Survey Section 75, said point being in the west line of said called |
|
110 acre tract, same being the common line of the H. & T. C. Railroad |
|
Company Survey Section 105, Abstract 261, and the H. & T. C. |
|
Railroad Company Survey Section 75, Abstract 732, Fort Bend County, |
|
Texas; |
|
THENCE South 87 degrees 38 minutes 20 seconds West (adjoiner called |
|
South 89 degrees 12 minutes 37 seconds West) along the common line |
|
of the herein described tract and said adjoining called 1,316.47 |
|
acre tract, 4,988.30 feet to a 1/2 inch iron pipe with cap marked |
|
"Kalkomey Surveying" set on said line for corner, said point being |
|
the southeast corner of an adjoining 10.00 acre tract surveyed by |
|
the undersigned this date; |
|
THENCE North 02 degrees 36 minutes 12 seconds West along the common |
|
line of the herein described tract and said adjoining 10.00 acre |
|
tract, 435.60 feet to a 1/2 inch iron pipe with cap marked "Kalkomey |
|
Surveying" set for reentry corner to the herein described tract, |
|
same being the northeast corner of said adjoining 10.00 acre tract; |
|
THENCE South 87 degrees 38 minutes 20 seconds West continuing along |
|
said common line, 1,000.00 feet to a 1/2 inch iron pipe with cap |
|
marked "Kalkomey Surveying" set for the most westerly southwest |
|
corner of the herein described tract, same being the northwest |
|
corner of said adjoining 10.00 acre tract, and being in the east |
|
right-of-way line of Woods Road; |
|
THENCE North 02 degrees 36 minutes 12 seconds West along the most |
|
westerly west line of the herein described tract, same being the |
|
east right-of-way line of Woods Road, 1,146.34 feet to a 1/2 inch |
|
iron pipe found for corner of the herein described tract, being the |
|
southwest corner of an adjoining called 1.0 acre tract described in |
|
deed recorded in Volume 0676, Page 580, Official Records, Waller |
|
County, Texas, and County Clerk's File Number 2000050964, Official |
|
Public Records, Fort Bend County, Texas; |
|
THENCE North 87 degrees 22 minutes 09 seconds East along the common |
|
line of the herein described tract and said adjoining called 1.0 |
|
acre tract, at 211.82 feet pass a 1/2 inch iron pipe found on said |
|
line for the southeast corner of said adjoining called 1.0 acre |
|
tract, same being the southwest corner of an adjoining called 4.00 |
|
acre tract described in deed recorded in Volume 0651, Page 148, |
|
Official Records, Waller County, Texas, and County Clerk's File |
|
Number 2000050963, Official Public Records, Fort Bend County, |
|
Texas, and continuing for a total distance of 461.91 feet to a 1/2 |
|
inch iron pipe with cap marked "Kalkomey Surveying" found for |
|
reentry corner to the herein described tract, same being the |
|
southeast corner of said adjoining called 4.00 acre tract; |
|
THENCE North 02 degrees 36 minutes 57 seconds West along the common |
|
line the herein described tract and said adjoining called 4.00 acre |
|
tract, at 696.74 feet pass a 1/2 inch iron pipe with cap marked |
|
"Kalkomey Surveying" found on said line for the northeast corner of |
|
said adjoining called 4.00 acre tract, same being the southeast |
|
corner of an adjoining 3.922 acre tract surveyed by the undersigned |
|
this date, and continuing for a total distance of 853.82 feet to a |
|
1/2 inch iron pipe with cap marked "Kalkomey Surveying" set for a |
|
northwest corner of the herein described tract, same being the |
|
lower southwest corner of the aforementioned adjoining 15.396 acre |
|
tract surveyed by the undersigned this date, and being in the east |
|
line of said adjoining 3.922 acre tract; |
|
THENCE North 88 degrees 02 minutes 42 seconds East along the common |
|
line of the herein described tract and said adjoining 15.396 acre |
|
tract, 540.44 feet to a 1/2 inch iron pipe with cap marked "Kalkomey |
|
Surveying" set for reentry corner to the herein described tract, |
|
same being the southeast corner of said adjoining 15.396 acre |
|
tract; |
|
THENCE North 02 degrees 42 minutes 01 second West continuing along |
|
said common line, at 960.06 feet pass a 1/2 inch iron pipe with cap |
|
marked "Kalkomey Surveying" set on said line at its intersection |
|
with the south margin of Jordan Road, and continuing for a total |
|
distance of 1,030.06 feet to the Place of Beginning and containing |
|
1,354.459 acres of land, more or less. |
|
SECTION 3. (a) The 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 |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) 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 are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8487, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8487.107 to read as follows: |
|
Sec. 8487.107. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Subsection (c), |
|
Section 17, Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect September 1, 2013. |