|
|
|
|
AN ACT
|
|
relating to the creation of the Harris-Waller Counties Municipal |
|
Utility District No. 4; granting a limited power of eminent domain; |
|
providing authority to issue bonds; providing authority to impose |
|
assessments, fees, and taxes. |
|
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 8047 to read as follows: |
|
CHAPTER 8047. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT |
|
NO. 4 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8047.0101. 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 Harris-Waller Counties |
|
Municipal Utility District No. 4. |
|
Sec. 8047.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8047.0103. CONFIRMATION AND DIRECTOR 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. 8047.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
8047.0103 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. 8047.0105. 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. 8047.0106. 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. 8047.0201. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8047.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 8047.0202. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Ruth Delaney; |
|
(2) Tracy Butcher; |
|
(3) Erica Tabrizi; |
|
(4) Virginia Bryant; and |
|
(5) Way Denkler. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8047.0103; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 8047.0103 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 8047.0103; 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. 8047.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8047.0302. 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. 8047.0303. 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. 8047.0304. 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. 8047.0305. 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. 8047.0306. 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 enacting 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 |
|
8047.0103 to confirm the creation of the district. |
|
(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 8047.0103. |
|
(i) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
commission. |
|
(j) 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. |
|
(k) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district granted under Section |
|
8047.0104 acts as municipal consent to the creation of any new |
|
district created by the division of the district and to the |
|
inclusion of land in the new district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8047.0401. 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 8047.0403. |
|
(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. 8047.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8047.0401, 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. 8047.0403. 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. 8047.0501. 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. 8047.0502. 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. 8047.0503. 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 Harris-Waller Counties Municipal Utility |
|
District No. 4 initially includes all the territory contained in |
|
the following area: |
|
TRACT 1 - 384.139 ACRES |
|
Being a tract of land containing 384.139 acres located in the |
|
H.&T.C.R.R. Co. Survey, Section 121, Abstract 201 (A-201), and the |
|
J.W. McCutcheon Survey, Section 130, A-308, both in Waller County, |
|
Texas. Said 384.139 acres being those certain call 383.1710 acre |
|
and 1.00 acre tracts of land (styled "Tract 1" and "Tract 2", |
|
respectively) recorded in the name of Kenneth Lee Freeman, Charles |
|
Randall Freeman, David Wayne Freeman and Diana Lynn Ballard, |
|
Trustees in Volume 471, Page 468 of the Waller County Deed Records |
|
(W.C.D.R.). Said 384.139 acres being more particularly described |
|
by metes and bounds as follows (bearings are referenced to the Texas |
|
Coordinate System of 1983, South Central Zone, based on GPS |
|
observations): |
|
COMMENCING at a 1/2 inch iron rod found at the northwest |
|
corner of said A-201, the northeast corner of the F. Eule Survey, |
|
Section 112, A-373, the southeast corner of the H.&T.C.R.R. Co. |
|
Survey, Section 111, A-172, and the F. Eule Survey, Section 120, |
|
A-375, all in Waller County, Texas, being at the intersection of |
|
Schlipf Road and Stockdick Road, and from which a 1/2 inch iron pipe |
|
found at the northeast corner of said A-201 and northwest corner of |
|
said A-308 bears North 87 degrees 59 minutes 16 seconds East, a |
|
distance of 5,297.10 feet; |
|
THENCE, with said Schlipf Road and the common line between |
|
said A-201 and A-373, South 02 degrees 05 minutes 03 seconds East, a |
|
distance of 2,779.90 feet to a Nail set in asphalt at the POINT OF |
|
BEGINNING and northwest corner of aforesaid 383.1710 acre tract, |
|
same being the southwest corner of the Dollins 281.50 acre tract; |
|
THENCE, with the common line between said 383.1710 acre tract |
|
and said Dollins 281.50 acre tract, North 87 degrees 54 minutes 31 |
|
seconds East, passing a 1/2 inch iron pipe found at 25.67 feet for |
|
reference, and continuing for a total distance of 2,314.64 feet |
|
(call 2,315.22 feet) to a 5/8 inch capped iron rod stamped "GBI |
|
Partners" set at the northwest corner of the Dollins 10 acre tract; |
|
THENCE, with the common lines between said 383.1710 acre |
|
tract and said Dollins 10 acre tract, the following two (2) courses: |
|
1.) South 02 degrees 05 minutes 59 seconds East, a |
|
distance of 684.50 feet to a 5/8 inch capped iron rod stamped |
|
"GBI Partners" set at the southwest corner of said Dollins 10 |
|
acre tract; |
|
2.) North 87 degrees 54 minutes 31 seconds East, a |
|
distance of 405.00 feet to a 5/8 inch capped iron rod stamped |
|
"GBI Partners" set at the most southerly southeast corner of |
|
said Dollins 10 acre tract, same being the southwest corner |
|
of the aforesaid 1.00 acre tract; |
|
THENCE, with the common lines between said 1.00 acre tract |
|
and said Dollins 10 acre tract, the following two (2) courses: |
|
1.) North 02 degrees 05 minutes 59 seconds West, a |
|
distance of 159.00 feet to a 5/8 inch capped iron rod stamped |
|
"GBI Partners" set at the northwest corner of said 1.00 acre |
|
tract; |
|
2.) South 87 degrees 41 minutes 42 seconds East, a |
|
distance of 295.87 feet to a 5/8 inch capped iron rod stamped |
|
"GBI Partners" set at the most easterly southeast corner of |
|
said Dollins 10 acre tract, the northeast corner of said 1.00 |
|
acre tract and being on the most easterly west line of |
|
aforesaid 383.1710 acre tract; |
|
THENCE, with a common line between said 383.1710 acre tract |
|
and said Dollins 10 acre tract, North 02 degrees 05 minutes 59 |
|
seconds West, a distance of 548.18 feet to a 5/8 inch capped iron |
|
rod stamped "GBI Partners" set at the northeast corner of said |
|
Dollins 10 acre tract and being on the south line of the aforesaid |
|
Dollins 281.50 acre tract; |
|
THENCE, with the north line of said 383.1710 acre tract and |
|
the south line of said Dollins 281.50 acre tract and the Dollins |
|
88.30 acre and 499.65 acre tracts, North 87 degrees 54 minutes 31 |
|
seconds East, passing the common line between aforesaid A-201 and |
|
A-308 at 2,284.28 feet, and continuing for a total distance of |
|
3,846.71 feet to a 5/8 inch capped iron rod found at the northeast |
|
corner of said 383.1710 acre tract; |
|
THENCE, with the east line of said 383.1710 acre tract and |
|
west line of said Dollins 499.65 acre tract, South 02 degrees 07 |
|
minutes 54 seconds East, passing a 3/4 inch capped iron rod found at |
|
2,469.93 feet for reference, and continuing for a total distance of |
|
2,508.30 feet to the southeast corner of said 383.1710 acre tract, |
|
being in Clay Road (call 60 feet wide as described in Volume 106, |
|
Page 492 of the W.C.D.R.) and on the common line between aforesaid |
|
A-308 and the H.&T.C.R.R. Co. Survey, Section 127, A-205, in Waller |
|
County, Texas, and from which point a found nail in asphalt bears |
|
North 88 degrees 00 minutes 59 seconds East, a distance of 0.78 |
|
feet; |
|
THENCE, with said common line, the common line between |
|
aforesaid A-201 and the T. Reese Survey, Section 122, A-333, in |
|
Waller County, Texas, the south line of said 383.1710 acre tract and |
|
said Clay Road, South 88 degrees 00 minutes 59 seconds West, passing |
|
a 1/2 inch iron pipe found at 1,562.87 feet for reference and being |
|
at the southwest corner of said A-308, the southeast corner of said |
|
A-201, the northeast corner of said A-333 and the northwest corner |
|
of said A-205, and continuing for a total distance of 6,863.43 feet |
|
to a 1/2 inch iron rod found under asphalt at the southwest corner |
|
of said 383.1710 acre tract and said A-201, same being the northwest |
|
corner of said A-333, the southeast corner of aforesaid A-373 and |
|
the northeast corner of the H.&T.C.R.R. Co. Survey, Section 109, |
|
A-171, in Waller County, Texas, and being at the intersection of |
|
aforesaid Schlipf Road and Clay Road; |
|
THENCE, with the west line of said 383.1710 acre tract, the |
|
common line between said A-201 and A-373, and said Schlipf Road, |
|
North 02 degrees 05 minutes 03 seconds West, a distance of 2,495.42 |
|
feet (call 2,495.62 feet) to the POINT OF BEGINNING and containing |
|
384.139 acres of land. |
|
TRACT 2 - 655.54 ACRES |
|
A METES & BOUNDS description of a 655.54 acre tract of land in |
|
the H. & T. C. Railroad Company Survey Section 121, Abstract 201, |
|
and the J. W. McCutcheon Survey, Section 130, Abstract 308, Waller |
|
County, Texas, and the J. W. McCutcheon Survey, Abstract 1713, |
|
Harris County, Texas, being the residue of that certain called |
|
1,277.0358 acre tract recorded in Volume 313, Page 416, Deed |
|
Records, Waller County, Texas, with all bearings based upon the |
|
Texas Coordinate System of 1983, South Central Zone, based upon GPS |
|
observations. |
|
Beginning at a Mag nail set with shiner at the intersection of |
|
Schlipf Road and Stockdick School Road for the northwest corner of |
|
said called 1,277.0358 acre tract, for the northwest corner and |
|
Place of Beginning of the herein described tract, said point being |
|
the northwest corner of said Section 121, same being the northeast |
|
corner of the adjoining Fred Eule Survey, Abstract 373, the |
|
southeast corner of the adjoining H. & T. C. Railroad Company |
|
Survey, Section 111, Abstract 172, and the southwest corner of the |
|
adjoining Fred Eule Survey, Abstract 375, and the southwest corner |
|
of an adjoining called 162.614 acre tract recorded under County |
|
Clerk's File Number 1700518, Official Records, Waller County, |
|
Texas; |
|
Thence North 87 degrees 59 minutes 38 seconds East (called |
|
South 89 degrees 56 minutes 36 seconds East) along the north line of |
|
the herein described tract, the north line of said called |
|
1,277.0358 acre tract, and the north line of said Section 121, same |
|
being the south line of said adjoining Fred Eule Survey, Abstract |
|
375, and the south line of said adjoining called 162.614 acre tract, |
|
at 2,669.63 feet pass a 1/2 inch iron pipe found on said line for the |
|
southeast corner of said adjoining called 162.614 acre tract, same |
|
being the southwest corner of an adjoining called 1,263.584 acre |
|
tract recorded in Volume 449, Page 312, Deed Records, Waller |
|
County, Texas, at 3,117.89 feet pass a 1/2 inch iron pipe found on |
|
said line, and continuing for a total distance of 5,297.06 feet |
|
(called 5,297.44 feet) to a 1/2 inch iron pipe found for angle |
|
point, said point being the northeast corner of said Section 121, |
|
same being the northwest corner of the aforementioned Section 130, |
|
same being the southeast corner of said adjoining Fred Eule Survey, |
|
Abstract 375, same being the southwest corner of the adjoining H. & |
|
T. C. Railroad Company Survey, Section 129, Abstract 204; |
|
Thence North 87 degrees 58 minutes 20 seconds East (called |
|
South 89 degrees 56 minutes 36 seconds East) along the north line of |
|
the herein described tract, the north line of said called |
|
1,277.0358 acre tract, and the north line of said Section 130, same |
|
being the south line of said adjoining called 1,263.584 acre tract, |
|
and the south line of said adjoining Section 129, 5,242.80 feet |
|
(called 5,242.24 feet) to a Mag nail set with shiner in the |
|
intersection of Stockdick School Road and Pitts Road for the |
|
northeast corner of the herein described tract, the northeast |
|
corner of said called 1,277.0358 acre tract, and the northeast |
|
corner of said Section 130, same being the southeast corner of said |
|
adjoining called 1,263.584 acre tract, and the southeast corner of |
|
said adjoining Section 129, the southwest corner of the adjoining |
|
George Spencer Survey, Abstract 1366, and the northwest corner of |
|
the adjoining H. & T. C. Railroad Company Survey, Section 79, |
|
Abstract 464; |
|
Thence South 02 degrees 04 minutes 22 seconds East (called |
|
South) along the east line of the herein described tract, the east |
|
line of said called 1,277.0358 acre tract, and the east line of said |
|
Section 130, same being the west line of said adjoining Section 79, |
|
as located in Pitts Road, 3,821.34 feet to a Mag nail set with |
|
shiner for the upper southeast corner of the herein described |
|
tract, being in the centerline of Cane Island Branch; |
|
Thence along the centerline of Cane Island Branch, being the |
|
common line of the herein described tract and an adjoining called |
|
219.6424 acre tract recorded under County Clerk's File Number |
|
1606411, Official Records, Waller County, Texas, with the following |
|
courses and distances: |
|
South 87 degrees 57 minutes 57 seconds West, 99.09 feet |
|
(adjoiner called South 87 degrees 58 minutes 32 seconds West) |
|
to beginning of a curve to the right; |
|
Thence along said curve to the right having a central |
|
angle of 30 degrees 51 minutes 03 seconds (adjoiner called 30 |
|
degrees 51 minutes 02 seconds), a radius of 724. 84 feet |
|
(adjoiner called 724.84 feet), an arc length of 390.29 feet |
|
(adjoiner called 390.29 feet), and a chord bearing North 76 |
|
degrees 36 minutes 32 seconds West, 385.59 feet (adjoiner |
|
called North 76 degrees 35 minutes 51 seconds West, 385.59 |
|
feet) to the end of said curve; |
|
North 61 degrees 11 minutes 00 seconds West, 2,960.39 |
|
feet (adjoiner called North 61 degrees 10 minutes 25 seconds |
|
West, 2,960.39 feet); |
|
North 49 degrees 39 minutes 44 seconds West, 1,105.19 |
|
feet (adjoiner called North 49 degrees 39 minutes 09 seconds |
|
West, 1,105.19 feet); |
|
North 40 degrees 00 minutes 50 seconds West, 1,195.05 |
|
feet (adjoiner called North 40 degrees 20 minutes 25 seconds |
|
West and North 42 degrees 36 minutes 30 seconds West); |
|
North 56 degrees 39 minutes 14 seconds West, 96.20 feet; |
|
North 67 degrees 38 minutes 55 seconds West, 56.40 feet; |
|
North 89 degrees 09 minutes 58 seconds West, 187.42 feet |
|
to a point in the centerline of Cane Island Branch for a |
|
reentry corner to the herein described tract, said point |
|
being the northwest corner of an adjoining called 5.7438 acre |
|
tract (Tract II) recorded under County Clerk's File Number |
|
1606411, Official Records, Waller County, Texas; |
|
Thence along the common line of the herein described tract |
|
and said adjoining called 5.7438 acre tract, and the aforementioned |
|
adjoining called 219.6424 acre tract, with the following courses |
|
and distances: |
|
South 02 degrees 06 minutes 10 seconds East, 836.00 feet |
|
(adjoiner called South 02 degrees 06 minutes 10 seconds East, |
|
836.50 feet) to a found 5/8 inch iron rod with cap marked |
|
"EIC"; |
|
North 88 degrees 01 minute 59 seconds East, 305.32 feet |
|
(adjoiner called North 87 degrees 53 minutes 50 seconds East, |
|
306.00 feet) to a found 5/8 inch iron rod with cap marked |
|
"EIC"; |
|
South 02 degrees 09 minutes 36 seconds East, 971.68 feet |
|
(adjoiner called South 02 degrees 06 minutes 10 seconds East) |
|
to a found 5/8 inch iron rod with cap marked "EIC"; |
|
North 87 degrees 55 minutes 45 seconds East, 577.92 feet |
|
(adjoiner called North 87 degrees 53 minutes 35 seconds East, |
|
578.24 feet) to a found 1/2 inch iron pipe with cap marked |
|
"Kalkomey Surveying"; |
|
South 02 degrees 22 minutes 45 seconds East, 466.63 feet |
|
(adjoiner called South 02 degrees 21 minutes 12 seconds East, |
|
466.69 feet) to a found 5/8 inch iron rod with cap marked |
|
"EIC"; |
|
North 87 degrees 52 minutes 27 seconds East, 383.91 feet |
|
(adjoiner called North 87 degrees 53 minutes 35 seconds East, |
|
383.89 feet) to a found 5/8 inch iron rod with cap marked |
|
"EIC"; |
|
South 02 degrees 08 minutes 09 seconds East (adjoiner |
|
called South 02 degrees 08 minutes 28 seconds East) at |
|
2,541.19 feet pass a 1/2 inch iron pipe found on said line at |
|
its intersection with the apparent occupied north |
|
right-of-way line of Clay Road, and continuing for a total |
|
distance of 2,579.28 feet to a Mag nail found with shiner for |
|
the most southerly southeast corner of the herein described |
|
tract, said point being in the south line of said called |
|
1,277.0358 acre tract and the south line of said Section 130, |
|
same being the north line of the adjoining H. & T. C. Railroad |
|
Company Survey, Section 127, Abstract 205, from which point a |
|
found PK nail bears North 05 degrees 22 minutes 33 seconds |
|
West, 0.44 feet; |
|
Thence South 88 degrees 00 minutes 42 seconds West (called |
|
North 89 degrees 54 minutes 46 seconds West) along the southernmost |
|
line of the herein described tract, the south line of said called |
|
1,277.0358 acre tract, and the south line of said Section 130, same |
|
being the north line of said adjoining Section 127, as located in |
|
Clay Road, 70.00 feet to a Mag nail found with shiner for the most |
|
southerly southwest corner of the herein described tract, same |
|
being the southeast corner of an adjoining called 383.1710 acre |
|
tract (Tract 1) recorded under County Clerk's File Number 1803887, |
|
Official Records, Waller County, Texas, from which point a found PK |
|
nail bears North 04 degrees 29 minutes 12 seconds West, 0.57 feet; |
|
Thence North 02 degrees 09 minutes 18 seconds West (adjoiner |
|
called North 00 degrees 03 minutes 10 seconds West) along the common |
|
line of the herein described tract and said adjoining called |
|
383.1710 acre tract, at 37.93 feet pass a 1/2 inch iron pipe with |
|
cap marked "Kalkomey Surveying" found on said line at its |
|
intersection with the apparent occupied north right-of-way line of |
|
Clay Road, and continuing for a total distance of 2,508.22 feet |
|
(adjoiner called 2,508.29 feet) to a 1/2 inch iron pipe with cap |
|
marked "Kalkomey Surveying" found for a reentry corner to the |
|
herein described tract, same being the northeast corner of said |
|
adjoining called 383.1710 acre tract; |
|
Thence South 87 degrees 54 minutes 31 seconds West (adjoiner |
|
called South 89 degrees 58 minutes 53 seconds West) continuing |
|
along said common line, 3,846.70 feet (adjoiner called 3,846.70 |
|
feet) to a 5/8 inch iron rod with cap marked "Jones Carter" set for |
|
corner; |
|
Thence South 02 degrees 06 minutes 27 seconds East (adjoiner |
|
called South 00 degrees 01 minute 37 seconds East) continuing along |
|
said common line, 548.18 feet to a 5/8 inch iron rod with cap marked |
|
"Kalkomey Surveying" set for corner, said point being the northeast |
|
corner of an adjoining called 1.00 acre tract (Tract 2) recorded |
|
under County Clerk's File Number 1803887, Official Records, Waller |
|
County, Texas, from which point a 3/4 inch iron rod found for the |
|
southeast corner of said adjoining called 1.00 acre tract, same |
|
being a reentry corner to said adjoining called 383.1710 acre |
|
tract, bears South 02 degrees 06 minutes 27 seconds East, 136.61 |
|
feet; |
|
Thence North 87 degrees 42 minutes 05 seconds West (adjoiner |
|
called North 85 degrees 37 minutes 20 seconds West) along the common |
|
line of the herein described tract and said adjoining called 1.00 |
|
acre tract, 295.87 feet (adjoiner called 295.87 feet) to a 5/8 inch |
|
iron rod with cap marked "Kalkomey Surveying" set for a reentry |
|
corner to the herein described tract, same being the northwest |
|
corner of said adjoining called 1.00 acre tract; |
|
Thence South 01 degree 31 minutes 04 seconds East (adjoiner |
|
called South 00 degrees 01 minute 37 seconds East) continuing along |
|
said common line, 159.00 feet (adjoiner called 159.00 feet) to a 5/8 |
|
inch iron rod with cap marked "Kalkomey Surveying" set for corner, |
|
said point being the southwest corner of said adjoining called 1.00 |
|
acre tract, and being an interior line of the aforementioned |
|
adjoining called 383.1710 acre tract; |
|
Thence South 87 degrees 57 minutes 59 seconds West (adjoiner |
|
called South 89 degrees 58 minutes 53 seconds West) along the common |
|
line of the herein described tract and said adjoining called |
|
383.1710 acre tract, 405.00 feet (adjoiner called 405.00 feet) to a |
|
3/4 inch iron rod found for corner, said point being a reentry |
|
corner to said adjoining called 383.1710 acre tract; |
|
Thence North 01 degree 58 minutes 15 seconds West (adjoiner |
|
called North 00 degrees 01 minute 37 seconds West) continuing along |
|
said common line, 684.12 feet (adjoiner called 684.51 feet) to a |
|
point in an 8-inch fence corner post for a reentry corner to the |
|
herein described tract; |
|
Thence South 87 degrees 54 minutes 31 seconds West (adjoiner |
|
called South 89 degrees 58 minutes 53 seconds West) continuing |
|
along said common line, at 2,288.94 feet pass a 1/2 inch iron pipe |
|
found on said line at its intersection with the apparent occupied |
|
east right-of-way line of Schlipf Road, and continuing for a total |
|
distance of 2,314.47 feet (adjoiner called 2,315.22 feet) to a Mag |
|
nail set with shiner for a southwest corner of the herein described |
|
tract, same being the northwest corner of said adjoining called |
|
383.1710 acre tract, said point being in the west line of said |
|
called 1,277.0358 acre tract and the west line of the |
|
aforementioned Section 121, same being the east line of the |
|
aforementioned adjoining Fred Eule Survey, Abstract 373, from which |
|
point a bolt spike found for the southwest corner of said adjoining |
|
called 383.1710 acre tract bears South 02 degrees 05 minutes 05 |
|
seconds East, 2,495.34 feet (adjoiner called South 00 degrees 01 |
|
minute 07 seconds East, 2,495.62 feet); |
|
Thence North 02 degrees 05 minutes 05 seconds West (called |
|
North 00 degrees 01 minute 07 seconds West) along the west line of |
|
the herein described tract, the west line of said called 1,277.0358 |
|
acre tract, and the west line of said Section 121, same being the |
|
east line of said adjoining Fred Eule Survey, Abstract 373, as |
|
located in Schlipf Road, 445.91 feet to a Mag nail set with shiner |
|
for corner; |
|
Thence North 87 degrees 53 minutes 06 seconds East, 25.00 |
|
feet to a 6-inch steel post found for corner, said point being the |
|
southwest corner of an adjoining called 3.329 acre tract recorded |
|
in Volume 1168, Page 008, Official Records, Waller County, Texas; |
|
Thence North 56 degrees 14 minutes 23 seconds East (adjoiner |
|
called North 58 degrees 15 minutes 22 seconds East) along the common |
|
line of the herein described tract and said adjoining called 3.329 |
|
acre tract, 778.87 feet (adjoiner called 778.87 feet) to a 5/8 inch |
|
iron rod with cap marked "Kalkomey Surveying" set for a reentry |
|
corner to the herein described tract, same being the southeast |
|
corner of said adjoining called 3.329 acre tract; |
|
Thence North 02 degrees 45 minutes 16 seconds West (adjoiner |
|
called North 00 degrees 10 minutes 26 seconds West) continuing |
|
along said common line, 180.00 feet (adjoiner called 180.00 feet) |
|
to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found |
|
for a reentry corner to the herein described tract, same being the |
|
northeast corner of said adjoining called 3.329 acre tract; |
|
Thence South 88 degrees 00 minutes 41 seconds West (adjoiner |
|
called South 89 degrees 58 minutes 37 seconds West) continuing |
|
along said common line, 271.83 feet (adjoiner called 273 .00 feet) |
|
to a 1/2 inch iron pipe found for a reentry corner to the herein |
|
described tract, same being the upper northwest corner of said |
|
adjoining called 3.329 acre tract; |
|
Thence South 02 degrees 18 minutes 47 seconds East (adjoiner |
|
called South 00 degrees 10 minutes 26 seconds East) continuing |
|
along said common line, 78.92 feet to a 1/2 inch iron pipe found for |
|
corner, said point being the northeast corner of an adjoining |
|
called 2.000 acre tract recorded under County Clerk's File Number |
|
1505672, Official Records, Waller County, Texas; |
|
Thence South 87 degrees 54 minutes 49 seconds West (adjoiner |
|
called West) along an interior line of the herein described tract, |
|
same being the north line of said adjoining called 2.000 acre tract, |
|
at 389.97 feet pass a 1/2 inch iron pipe with cap marked "Kalkomey |
|
Surveying" found on said line at its intersection with the apparent |
|
occupied east right-of-way line of Schlipf Road, and continuing for |
|
a total distance of 414.22 feet (adjoiner called 414 .05 feet) to a |
|
Mag nail set with shiner for the upper southwest corner of the |
|
herein described tract, same being the northwest corner of said |
|
adjoining called 2.000 acre tract, said point being in the west line |
|
of the aforementioned called 1,277.0358 acre tract and the west |
|
line of the aforementioned Section 121, same being the east line of |
|
the aforementioned adjoining Fred Eule Survey, Abstract 373; |
|
Thence North 02 degrees 05 minutes 05 seconds West (called |
|
North 00 degrees 01 minute 07 seconds West) along the west line of |
|
the herein described tract, the west line of said called 1,277.0358 |
|
acre tract, and the west line of said Section 121, same being the |
|
east line of said adjoining Fred Eule Survey, Abstract 373, as |
|
located in Schlipf Road, 1,823.78 feet to the Place of Beginning and |
|
containing 655.54 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 |
|
8047, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8047.0307 to read as follows: |
|
Sec. 8047.0307. 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 Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. 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, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4520 was passed by the House on May 3, |
|
2019, by the following vote: Yeas 123, Nays 17, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4520 was passed by the Senate on May |
|
21, 2019, by the following vote: Yeas 30, Nays 1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |