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 |
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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. |