Bill Text: TX HB1386 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the creation of the Harris-Waller Counties Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-03 - Left pending in committee [HB1386 Detail]

Download: Texas-2013-HB1386-Introduced.html
  83R6262 AED-F
 
  By: Bell H.B. No. 1386
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Harris-Waller Counties Municipal
  Utility District No. 3; 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 8431 to read as follows:
  CHAPTER 8431.  HARRIS-WALLER COUNTIES MUNICIPAL UTILITY
  DISTRICT NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8431.001.  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 Harris-Waller Counties 
  Municipal Utility District No. 3.
         Sec. 8431.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8431.003.  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. 8431.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8431.003
  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. 8431.005.  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. 8431.006.  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. 8431.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8431.052, directors serve
  staggered four-year terms.
         Sec. 8431.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Lonnie Lee;
               (2)  Jennifer Coleman;
               (3)  Dana Thompson;
               (4)  John Hoag; and
               (5)  David Ward.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8431.003; 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 8431.003 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 8431.003; 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. 8431.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8431.102.  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. 8431.103.  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. 8431.104.  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, zoning and
  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. 8431.105.  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.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8431.151.  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 8431.153.
         (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. 8431.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8431.151, 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. 8431.153.  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. 8431.201.  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. 8431.202.  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. 8431.203.  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 Harris-Waller Counties Municipal Utility
  District No. 3 initially includes all the territory contained in
  the following area:
         448.64 ACRES OF LAND SITUATED IN THE H. & T.C .R.R. CO.
  SURVEY, ABSTRACT NO. 1711, HARRIS COUNTY, TEXAS, THE H. & T.C .R.R.
  CO. SURVEY, ABSTRACT NO. 196, WALLER COUNTY, TEXAS, THE J.
  McCUTCHEON SURVEY, ABSTRACT NO. 1343, HARRIS COUNTY, TEXAS, THE J.
  McCUTCHEON SURVEY, ABSTRACT NO. 306, WALLER COUNTY, TEXAS AND THE
  H. & T.C .R.R. CO. SURVEY, ABSTRACT NO. 203, WALLER COUNTY, TEXAS,
  THE SAID 448.64 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES
  AND BOUNDS IN TWO (2) TRACTS AS FOLLOWS (BEARINGS BASED ON TEXAS
  STATE PLANE COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS
  DETERMINED BY GPS MEASUREMENTS):
         TRACT 1
         A 138.60 ACRE TRACT OF LAND SITUATED IN THE H. & T.C .R.R. CO.
  SURVEY, ABSTRACT NO. 196, WALLER COUNTY, TEXAS AND THE H. & T.C.
  R.R. CO. SURVEY, ABSTRACT NO. 1711, HARRIS COUNTY, TEXAS, THE SAID
  138.60 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
  BOUNDS AS FOLLOWS:
         COMMENCING at a 1/2-inch capped iron pipe stamped "Kalkomey"
  found marking the southeasterly corner of the said F. Eule Survey,
  A-376 and the northeasterly corner of the H. & T.C.C. R.R. Co.
  Survey, Abstract No. 203 being in the westerly line of the H. &
  T.C.C. R.R. Co. Survey, Abstract No. 196 , being in the current
  extraterritorial jurisdiction line (ETJ) agreed to for the City of
  Houston and the City Limits of the City of Katy, having Texas State
  Plane, South Central Zone 1983, coordinates of X = 2,970,598.13 and
  Y = 13,852,721.55 and being in the intersection of Franz Road (as
  occupied at present) and Bartlett Road (as occupied at present);
         THENCE, North 02°03'11" West, along easterly line of the said
  F. Eule Survey and the westerly line of the said H. & T. C.C. R.R.
  Co. Survey, Abstract No. 196, same being the current
  extraterritorial jurisdiction line (ETJ) agreed to for the City of
  Houston and the City Limits of the City of Katy, a distance of
  2,492.31 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
  found at a northwesterly corner for the City Limits of the City of
  Katy, marking the southwesterly corner and POINT OF BEGINNING of
  the herein described tract of land and having Texas State Plane,
  South Central Zone 1983, coordinates of X = 2,970,508.84 and Y =
  13,855,212.14;
               (1)  THENCE, North 02°03'11" West, along easterly line
  of the said F. Eule Survey and the westerly line of the said H. & T.
  C.C. R.R. Co. Survey, Abstract No. 196, same being the current
  extraterritorial jurisdiction line (ETJ) agreed to between the
  City of Houston and the City of Katy, a distance of 2,753.74 feet to
  a point for corner in the southerly right-of-way line of Morton Road
  (as occupied at present);
               (2)  THENCE, North 87°59'06" East, along the southerly
  right-of-way line of Morton Road, being the current
  extraterritorial jurisdiction line (ETJ) agreed to between the
  City of Houston and the City of Katy, for a distance of 23.14 feet to
  a point for corner in the southerly extension of the easterly
  right-of-way line of Pitts Road (as occupied at present), being the
  current extraterritorial jurisdiction line (ETJ) agreed to between
  the City of Houston and the City of Katy;
               (3)  THENCE, North 02°03'11" West, along the southerly
  extension of the easterly right-of-way line of Pitts Road, same
  being the current extraterritorial jurisdiction line (ETJ) agreed
  to between the City of Houston and the City of Katy, for a distance
  of 30.00 feet to a point for corner in the southerly line of the E.
  Jenkins Survey, Abstract No. 409 and the northerly line of the said
  H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and being in Morton
  Road;
               (4)  THENCE, North 87°59'06" East, along the common line
  of the said E. Jenkins Survey, Abstract No. 409 and the H. & T. C.C.
  R.R. Co. Survey, Abstract No. 196 for a distance of 1,802.23 feet to
  a point marking the northeasterly corner of the herein described
  tract of land being in the meanders of the centerline of the Cane
  Island Branch of Buffalo Bayou, being the current City Limits of the
  City of Katy;
         THENCE, along the meanders of the centerline of the Cane
  Island Branch of Buffalo Bayou, the following twelve (12) courses
  and distances:
               (5)  South 07°05'41" East for a distance of 123.38 feet
  to a point for corner;
               (6)  South 24°45'11" East for a distance of 17.51 feet
  to a point for corner;
               (7)  South 09°35'52" East for a distance of 17.33 feet
  to a point for corner;
               (8)  South 24°39'54" East for a distance of 933.91 feet
  to a point for corner;
               (9)  South 25°13'39" East for a distance of 123.31 feet
  to a point for corner;
               (10)  South 23°49'46" East for a distance of 198.91
  feet to a point for corner;
               (11)  South 04°55'49" West for a distance of 181.40
  feet to a point for corner;
               (12)  South 03°35'11" West for a distance of 771.53
  feet to a point for corner;
               (13)  South 08°04'38" East for a distance of 202.50
  feet to a point for corner;
               (14)  South 10°55'43" East for a distance of 113.16
  feet to a point for corner;
               (15)  South 16°00'38" East for a distance of 77.12 feet
  to a point for corner;
               (16)  South 06°45'05" East for a distance of 130.65
  feet to a point for corner in the current City Limits of the City of
  Katy;
               (17)  THENCE, South 87°56'49" West, along the current
  City Limits of the City of Katy for a distance of 2,296.78 feet to
  the POINT OF BEGINNING and containing 138.60 acres of land.
         TRACT 2
         A 310.04 ACRE TRACT OF LAND SITUATED IN THE J. McCUTCHEON
  SURVEY, ABSTRACT NO. 1343, HARRIS COUNTY, TEXAS, THE J. McCUTCHEON
  SURVEY, ABSTRACT NO. 306, WALLER COUNTY, TEXAS AND THE H. & T.C.
  R.R. CO. SURVEY, ABSTRACT NO. 203, WALLER COUNTY, TEXAS, THE SAID
  310.04 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
  BOUNDS AS FOLLOWS:
         COMMENCING at a 1/2-inch capped iron pipe stamped "Kalkomey"
  found marking the southeasterly corner of the said F. Eule Survey,
  A-376 and the northeasterly corner of the H. & T.C.C. R.R. Co.
  Survey, Abstract No. 203 being in the westerly line of the H. &
  T.C.C. R.R. Co. Survey, Abstract No. 196 , being in the current
  extraterritorial jurisdiction line (ETJ) agreed to for the City of
  Houston and the City Limits of the City of Katy, having Texas State
  Plane, South Central Zone 1983, coordinates of X = 2,970,598.13 and
  Y = 13,852,721.55 and being in the intersection of Franz Road (as
  occupied at present) and Bartlett Road (as occupied at present);
         THENCE, South 02°03'11" East, along the easterly line of the
  H. & T.C.C. R.R. Co. Survey, Abstract No. 203 and the westerly line
  of the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196, same
  being the current extraterritorial jurisdiction line (ETJ) agreed
  to for the City of Houston and the City Limits of the City of Katy, a
  distance of 33.00 feet to the intersection with the easterly
  extension of the southerly right-of-way line of Franz Road, marking
  a point for corner in the current extraterritorial jurisdiction
  line (ETJ) agreed to between the City of Houston and the City of
  Katy and the most northerly northeast corner and POINT OF BEGINNING
  of the herein described tract of land, having Texas State Plane,
  South Central Zone 1983, coordinates of X = 2,970,599.31 and Y =
  13,852,688.57;
               (1)  THENCE, South 02°03'11" East, continuing along the
  easterly line of the H. & T.C.C. R.R. Co. Survey, Abstract No. 203
  and the westerly line of the said H. & T. C.C. R.R. Co. Survey,
  Abstract No. 196, same being the current City Limits of the City of
  Katy, a distance of 1,111.85 feet to a 1/2-inch iron pipe found for
  corner;
               (2)  THENCE, North 87°48'32" East, a distance of 921.80
  feet to a 1/2-inch iron pipe found for corner;
               (3)  THENCE, North 02°03'11" West, a distance of 510.32
  feet to a railroad spike found for corner in the southerly line of
  the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the
  northerly line of the said J. McCutcheon Survey and being in Morton
  Road;
               (4)  THENCE, North 87°48'32" East, along the common of
  the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the said
  J. McCutcheon Survey, a distance of 1,823.00 feet to a railroad
  spike found for corner ;
               (5)  THENCE, South 02°00'23" East, a distance of 378.50
  feet to a point for corner;
               (6)  THENCE, North 87°48'32" East, a distance of 500.00
  feet to a point for corner;
               (7)  THENCE, North 02°00'23" West, a distance of 378.50
  feet to a cotton spindle found for corner in the southerly line of
  the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the
  northerly line of the said J. McCutcheon Survey and being in Morton
  Road;
               (8)  THENCE, North 87°48'32" East, along the common of
  the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the said
  J. McCutcheon Survey, a distance of 80.00 feet to an "X" in concrete
  found marking the most easterly northeast corner of the herein
  described tract of land;
               (9)  THENCE, South 02°00'23" East, a distance of
  1,083.67 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
  found for corner;
               (10)  THENCE, South 87°59'37" West, a distance of 43.25
  feet to a point for corner being in the meanders of the centerline
  of the Cane Island Branch of Buffalo Bayou;
         THENCE, along the meanders of the centerline of the Cane
  Island Branch of Buffalo Bayou, the following eight (8) courses and
  distances:
               (11)  South 30°22'18" West for a distance of 176.74
  feet to a point for corner;
               (12)  South 34°52'08" West for a distance of 282.70
  feet to a point for corner;
               (13)  South 20°24'01" West for a distance of 64.45 feet
  to a point for corner;
               (14)  South 09°14'21" East for a distance of 108.98
  feet to a point for corner;
               (15)  South 04°02'15" East for a distance of 154.42
  feet to a point for corner;
               (16)  South 11°42'40" East for a distance of 168.80
  feet to a point for corner;
               (17)  South 15°19'15" West for a distance of 68.22 feet
  to a point for corner;
               (18)  South 48°56'03" West for a distance of 73.95 feet
  to a point for corner in the southerly line of the said J.
  McCutcheon Survey and the northerly line of the J. Crawford Survey,
  A-113, marking the most easterly southeast corner of the herein
  described tract of land and being in Tenth Street;
               (19)  THENCE, South 87°38'46" West, along the common of
  the said J. McCutcheon Survey and the J. Crawford Survey, a
  distance of 401.99 feet to point for corner;
               (20)  THENCE, North 02°03'52" West, a distance of 382.44
  feet to a point for corner;
               (21)  THENCE, South 88°07'10" West, a distance of 356.87
  feet to a point for corner;
               (22)  THENCE, North 02°03'52" West, a distance of 464.61
  feet to a 1/2-inch iron pipe found for corner;
               (23)  THENCE, South 88°04'50" West, a distance of 456.77
  feet to a 1/2-inch iron pipe found for corner;
               (24)  THENCE, South 02°51'33" East, a distance of
  1,010.83 feet to a Mag nail with shiner found for corner in the
  southerly line of the said J. McCutcheon Survey Survey, Abstract
  No. 306 and the northerly line of the J. C. Paul Survey, A-386 and
  being in Bartlett Road;
               (25)  THENCE, South 88°04'38" West, along the common of
  the said J. McCutcheon Survey and the J. C. Paul Survey, a distance
  of 1,759.35 feet to 1/2-inch capped iron pipe stamped "Kalkomey"
  found for corner at the westerly common corner of said surveys,
  being in the easterly line of the aforementioned H. & T.C.C. R.R.
  Co. Survey, Abstract No. 203;
               (26)  THENCE, South 03°31'15" West, a distance of 40.17
  feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for
  corner in the arc of a non-tangent curve;
               (27)  THENCE, along the arc of a curve to the right
  having a radius of 1,040.00 feet, a central angle of 38°24'17", an
  arc length of 697.10 feet and a chord bearing N 72°30'37" W, a
  distance of 684.12 feet to a 1/2-inch capped iron pipe stamped
  "Kalkomey" found for corner in the current City Limits of the City
  of Katy;
               (28)  THENCE, South 88°03'25" West, along the current
  City Limits of the City of Katy, a distance of 1,537.40 feet to a
  1/2-inch capped iron pipe stamped "Kalkomey" found for corner in
  the arc of a non-tangent curve;
               (29)  THENCE, along the arc of a curve to the left
  having a radius of 1,060.00 feet, a central angle of 37°07'19", an
  arc length of 686.77 feet and a chord bearing S 16°36'52" W, a
  distance of 674.82 feet to a 1/2-inch capped iron pipe stamped
  "Kalkomey" found for tangency;
               (30)  THENCE, South 01°56'48" East, a distance of 316.86
  feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for a
  point of curvature;
               (31)  THENCE, along the arc of a curve to the left
  having a radius of 1,060.00 feet, a central angle of 21°41'29", an
  arc length of 401.30 feet and a chord bearing S 12°47'32" E, a
  distance of 398.91 feet to a 1/2-inch capped iron pipe stamped
  "Kalkomey" found for tangency;
               (32)  THENCE, South 23°38'17" East, a distance of
  1,025.45 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
  found for a point of curvature;
               (33)  THENCE, along the arc of a curve to the right
  having a radius of 1,340.00 feet, a central angle of 21°55'53", an
  arc length of 512.92 feet and a chord bearing S 12°40'20" E, a
  distance of 509.79 feet to a 1/2-inch capped iron pipe stamped
  "Kalkomey" found for tangency;
               (34)  THENCE, South 01°42'24" East, a distance of 210.70
  feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for
  corner in the northerly right-of-way line McAllister Road (based on
  a width of 60 feet) and marking the most southerly southeast corner
  of the herein described tract of land;
               (35)  THENCE, South 88°44'03" West, along the northerly
  right-of-way line McAllister Road for a distance of 788.13 feet to a
  5/8-inch iron rod found marking the southwest corner of the herein
  described tract of land;
               (36)  THENCE, North 01°56'48" West, a distance of
  3,003.45 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
  found for corner in the current City Limits of the City of Katy;
               (37)  THENCE, North 01°51'45" West, a distance of
  1,332.39 feet to a 1/2-inch capped iron pipe stamped "Kalkomey"
  found marking the most westerly northwest corner of the herein
  described tract of land;
               (38)  THENCE, North 87°56'49" East, a distance of 462.00
  feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for
  corner;
               (39)  THENCE, North 01°51'45" West, a distance of
  1,287.00 feet to a point marking the most northerly northwest
  corner of the herein described tract of land in the southerly
  right-of-way line of Franz Road, being the current
  extraterritorial jurisdiction line (ETJ) agreed to between the
  City of Houston and the City of Katy;
               (40)  THENCE, North 87°56'49" East, along the southerly
  right-of-way line of Franz Road, being the current extraterritorial
  jurisdiction line (ETJ) agreed to between the City of Houston and
  the City of Katy, for a distance of 2,170.11 feet to the POINT OF
  BEGINNING and containing 310.04 acres of land and when all of the
  above described tracts of land are compiled, they have a combined
  total area of 448.64 acres of land. This description has been
  prepared in conjunction with a map of equal date.
         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
  8431, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8431.106 to read as follows:
         Sec. 8431.106.  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, 2013.
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