Bill Text: TX HB4126 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 218; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-05-22 - Effective on 9/1/15 [HB4126 Detail]
Download: Texas-2015-HB4126-Introduced.html
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 218; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-05-22 - Effective on 9/1/15 [HB4126 Detail]
Download: Texas-2015-HB4126-Introduced.html
84R5614 TSR-F | ||
By: Zerwas | H.B. No. 4126 |
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relating to the creation of the Fort Bend County Municipal Utility | ||
District No. 218; 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 7927 to read as follows: | ||
CHAPTER 7927. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 218 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7927.001. 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 Fort Bend County Municipal | ||
Utility District No. 218. | ||
Sec. 7927.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7927.003. 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. 7927.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7927.003 | ||
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. 7927.005. 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. 7927.006. 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. 7927.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7927.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7927.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2015, the owner or owners of a majority of the assessed | ||
value of the real property in the district may submit a petition to | ||
the commission requesting that the commission appoint as temporary | ||
directors the five persons named in the petition. The commission | ||
shall appoint as temporary directors the five persons named in the | ||
petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7927.003; or | ||
(2) September 1, 2019. | ||
(c) If permanent directors have not been elected under | ||
Section 7927.003 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 7927.003; 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. 7927.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7927.102. 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. 7927.103. 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. 7927.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
project must meet all applicable construction standards, zoning and | ||
subdivision requirements, and regulations of each municipality in | ||
whose corporate limits or extraterritorial jurisdiction the road | ||
project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 7927.105. 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. 7927.151. 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 7927.153. | ||
(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. 7927.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7927.151, 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. 7927.153. 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. 7927.201. 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. 7927.202. 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. 7927.203. 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 Fort Bend County Municipal Utility District | ||
No. 218 initially includes all the territory contained in the | ||
following area: | ||
A 232.215 acre, or 10,115,268 square feet more or less tract of | ||
land, being all of that 250 acre tract of land conveyed to Frank | ||
Chalupa and described in a deed recorded in Volume 182, Page 194 of | ||
the Deed Records of Fort Bend County, Texas, subsequently divided | ||
into seven parcels and conveyed as follows: 41.58 acres conveyed to | ||
Edwin G. Chalupa et al in a deed recorded in Volume 708, Page 5, | ||
corrected in document recorded in Volume 753, Page 746, Deed | ||
Records of Fort Bend County, Texas, subsequently conveyed to | ||
Patrick B. Chalupa, Melissa K. Chalupa aka Melissa Chalupa Gonzalez | ||
by deeds recorded in Document Numbers 9621563, 2007000110, | ||
2007061950, 2014005282, and 2014005283 of the Official Public | ||
Records of Fort Bend County, Texas; 41.58 acres conveyed to Robert | ||
E. Chalupa et al by deed recorded in Volume 708, Page 9, corrected | ||
in Document recorded in Volume 753, Page 746, Deed Records of Fort | ||
Bend County, Texas; 41.58 acres conveyed to Bessie R. Polasek, | ||
Jerry William Polasek and Bessie R. Polasek as Trustee for Jerry | ||
Wayne Polasek, Michael Polasek and Deborah Renee Polasek, by deed | ||
recorded in Volume 708, Page 16, corrected in document recorded in | ||
Volume 753, Page 746, Deed Records of Fort Bend County, Texas, and | ||
being the same tract subsequently conveyed to Michael Polasek, | ||
Jerry Wayne Polasek and Deborah Renee Polasek Macha by deeds | ||
recorded in Document Numbers 9468263, 9468264, 946826, 09468266, | ||
9468267, 8468268, 9459082, 9469083, and 9469084 of the Official | ||
Public Records of Fort Bend County, Texas; 41.58 acres conveyed to | ||
Anastazie M. Stasney, et al by deed recorded in Volume 705, Page 1, | ||
corrected in document recorded in Volume 753, Page 746, Deed | ||
Records of Fort Bend County, Texas, and being the same tract | ||
subsequently conveyed to Alan Wayne Stasney by deeds recorded in | ||
Document Numbers 9504686, 2006162504, and 2013128230 of the | ||
Official Public Records of Fort Bend County, Texas; 41.58 acres | ||
conveyed to John J. Chalupa, Trustee for the benefit of Delores | ||
Chalupa in accordance with the Frank and Amalie Chalupa Trust III, | ||
by deed recorded in Volume 707, Page 932, corrected in document | ||
recorded in Volume 753, Page 748, Deed Records of Fort Bend County, | ||
Texas; 20.2239 acres being a portion of 41.58 acres conveyed to John | ||
J. Chalupa by deed recorded in Volume 708 Page 13, corrected in | ||
document recorded in Volume 753, Page 746, Deed Records of Fort Bend | ||
County, Texas, and being the same tract of land conveyed by deed | ||
recorded in Document Number 9468272, Official Public Records of | ||
Fort Bend County, Texas, to Bessie Polasek and Anastazie Stasney, | ||
Co-Trustees for Bessie Polasek pursuant to Testamentary Trust | ||
created by the Last Will and Testament of John J. Chalupa, admitted | ||
to probate on August 10, 1992, in Cause No. 12,545, in the Probate | ||
Court of Fort Bend County, Texas; and 21.4413 acre portion of 41.58 | ||
acres conveyed to John J. Chalupa by deed recorded in Volume 708, | ||
Page 13, corrected in document recorded in Volume 753, Page 746, | ||
Deed Records of Fort Bend County, Texas, and being the same tract of | ||
land conveyed by deed recorded in Document Number 9468271, Official | ||
Public Records of Fort Bend County, Texas, to Bessie Polasek and | ||
Anastazie Stasney, Co-Trustees for Anastazie Stasney pursuant to | ||
Testamentary Trust created by the Last Will and Testament of John J. | ||
Chalupa, admitted to probate on August 10, 1992, in Cause | ||
No. 12,545, in the Probate Court of Fort Bend County, Texas, all | ||
situated in the W. Lusk Survey, Abstract 276, and the E. Wheat | ||
Survey, Abstract 396, partially in the City of Rosenberg and | ||
partially in the Rosenberg Extra-Territorial Jurisdiction, Fort | ||
Bend County, Texas. Said 232.215 acre tract of land being more fully | ||
described as follows, with bearings based on the Texas State Plane | ||
Coordinate System, established for the South Central Zone, from the | ||
North American Datum of 1983(NA2011), epoch 2010.00: | ||
BEGINNING: At a set 5/8 inch iron rod with yellow cap marked | ||
"Pape Dawson" at the northwest corner of said 250 acre tract of land | ||
described in Volume 182, Page 194 of the Deed Records of Fort Bend | ||
County, Texas, also being the northwest corner of said 41.58 acres | ||
conveyed to Edwin G. Chalupa et al in a deed recorded in Volume 708, | ||
page 5 of the Deed Records of Fort Bend County, Texas, and the | ||
northwest corner of a 0.476 acre right-of-way easement conveyed to | ||
the State of Texas and described in Volume 522, Page 45 of the Deed | ||
Records of Fort Bend County, Texas for Minonite Road (also known as | ||
F.M. 2977), a 100-foot wide right-of-way as shown on the | ||
right-of-way map prepared for the Texas Department of | ||
Transportation under CSJ 3048-1-4, also being the southwest corner | ||
of a 0.977 acre tract of land conveyed to NGR Texas Power LLC in a | ||
document recorded in Clerk's File No. 2007089660 and described in | ||
Clerk's File No. 2007019710 of the Official Public Records of Fort | ||
Bend County, Texas, and the southwest corner of a 0.093 of an acre | ||
right-of-way easement conveyed to the State of Texas for said | ||
Minonite Road and described in Volume 522, Page 36 of the Deed | ||
Records of Fort Bend County, Texas; | ||
THENCE: S67°37'36"E, along and with the northeast line of said | ||
250 acre tract, the southwest line of said 0.977 acre tract, passing | ||
the northeast corner of said 0.476 acre right-of-way easement and | ||
southeast corner of said 0.093 acre right-of-way easement at a | ||
distance of 9.00 feet, from which a found 3/4 inch iron pipe bears | ||
N67°37'36"W, a distance of 0.28 feet, passing the southeast corner | ||
of said 0.977 acre tract, the southwest corner of a 4.1687 acre | ||
tract of land conveyed to HV Asset, LLC and described in Clerk's | ||
File No. 2014072568 of the Official Public Records Fort Bend | ||
County, Texas, at an additional distance of 91.00 feet, passing the | ||
southeast corner of said 4.1687 acre tract, the southwest corner of | ||
a 27.550 acre tract of land conveyed to Community Focus Foundation, | ||
A Texas Foundation and described in Clerk's File No. 2013053843 of | ||
the Official Public Records of Fort Bend County, Texas at an | ||
additional distance of 368.89 feet, from which a found 3/4 inch iron | ||
pipe bears S22°22'24"W, a distance of 0.23 feet, passing the | ||
southeast corner of said 27.550 acre tract, the southwest corner of | ||
a 16.313 acre tract of land conveyed to Community Focus Foundation, | ||
a Texas Nonprofit Corporation in Clerk's File No. 2013054877 of the | ||
Official Public Records of Fort Bend County, Texas at an additional | ||
distance of 779.25 feet, from which a found iron rod with cap marked | ||
"Kalkomey Surveying" bears N22°22'24"E, a distance of 0.27 feet, | ||
passing the southeast corner of said 16.313 acre tract of land | ||
conveyed to Community Focus Foundation, a Texas Nonprofit | ||
Corporation, the southwest corner of a 16.313 acre tract of land | ||
conveyed to Michael and Madeleine Ghosn, and described in Clerk's | ||
File No. 2011016213 of the Official Public Records of Fort Bend | ||
County, Texas at an additional distance of 449.82 feet, from which a | ||
found iron rod with cap marked "Kalkomey Surveying" bears | ||
N22°22'24"E, a distance of 0.57 feet, passing the southeast corner | ||
of said 16.313 acre tract conveyed to Michael and Madeleine Ghosn, | ||
the southwest corner of a 23.425 acre tract of land conveyed to | ||
Niranjan and Jasmin Patel and described in Clerk's File | ||
No. 2013077203 of the Official Public Records of Fort Bend County, | ||
Texas at an additional distance of 449.73 feet, passing the | ||
southeast corner of said 23.425 acre tract, the southwest corner of | ||
a 32.626 acre tract of land conveyed to Vertical Capital Holdings, | ||
LLC and described in Clerk's File No. 2014024505 of the Official | ||
Public Records of Fort Bend County, Texas, at an additional | ||
distance of 646.32 feet, passing the southeast corner of said | ||
32.626 acre tract, the southwest corner of a 32.63 acre tract of | ||
land conveyed to Zion Hill Baptist Church in Crabb, Texas and | ||
described in Clerk's File No. 2010105939 of the Official Public | ||
Records of Fort Bend County, Texas at an additional distance of | ||
900.72 feet, passing the southeast corner of said 32.63 acre tract, | ||
the southwest corner of a 33.450 acre tract of land conveyed to | ||
Wilbert Ulrich and described in Volume 2236, Page 2080 of the Deed | ||
Records of Fort Bend County, Texas at an additional distance of | ||
901.24 feet, along and with the south line of said 33.450 acre | ||
tract, and additional distance of 926.55 feet, for a total distance | ||
of 5522.52 feet to a set MAG nail with shiner marked "Pape-Dawson" | ||
on the east line of a 30-foot wide right-of-way easement conveyed to | ||
Fort Bend County and described in Volume 181, Page 611 of the Deed | ||
Records of Fort Bend County, Texas for the creation of Benton Road, | ||
a 60-foot wide right-of-way, at the southeast corner of said 33.450 | ||
acre tract, the northeast corner of said 250 acre tract and the | ||
northeast corner of said 20.2239 acre portion of a 41.58 acre tract | ||
conveyed to John J. Chalupa by deed recorded in Volume 708, Page 13 | ||
of the Deed Records of Fort Bend County, Texas, from which a found | ||
Mag nail bears N00°14'41"W, a distance of 3.79 feet; | ||
THENCE: S22°21'30"W, along and with centerline of said Benton | ||
Road, also being the east line of said 250 acre tract, the east line | ||
of said 30-foot wide right-of-way easement, and the east line of | ||
said 20.2239 acre and said 21.4413 acre portion of the 41.58 acre | ||
tract of land conveyed to John J. Chalupa, passing a found MAG nail | ||
at a distance of 750.63 feet, from which another found MAG nail | ||
bears N17°20'04"E, a distance of 5.27 feet, continuing along said | ||
east line and centerline, an additional distance of 1222.50 feet | ||
for a total distance of 1973.13 feet to a set 5/8 inch iron rod with | ||
yellow cap marked "Pape-Dawson" on the north line of a 30.71 acre | ||
tract of land conveyed to Lennar Homes of Texas Land and | ||
Construction, Ltd. and described in Clerk's File No. 2005142966 of | ||
the Official Public Records of Fort Bend County, Texas, at the | ||
southeast corner of said 250 acres tract, the southeast corner of | ||
said 21.4413 acre tract, and the southeast corner of said 30-foot | ||
wide right-of-way easement; | ||
THENCE: N67°37'36"W, departing the centerline of said Benton | ||
Road, also being the east line of said 250 acre tract, the east line | ||
of said 30-foot wide right-of-way easement, and the east line of | ||
said 20.2239 acre and 21.4413 acre portions of the 41.58 acre tract | ||
of land conveyed to John J. Chalupa, along and with the south line | ||
of said 250 acre tract of land, the north line of said 30.71 acre | ||
tract, now partially platted as Walnut Creek Section Four, recorded | ||
in Clerk's File No. 20140011 of the Official Public Records of Fort | ||
Bend County, Texas and Walnut Creek Section Nine, recorded in | ||
Clerk's File No. 20120064 of the Official Public Records of Fort | ||
Bend County, Texas, passing a found iron rod with cap marked "IDS" | ||
at the common corner between Lot 16, Block 1 and Lot 26, Block 1 of | ||
said Walnut Creek Section Four at a distance of 1899.49 feet, | ||
passing a found iron rod with illegible cap at the common corner | ||
between Lot 14, Block 1 of said Walnut Creek Section Four and Lot | ||
18, Block 1 of said Walnut Creek Section Nine at an additional | ||
distance of 327.00 feet, continuing along the south line of said 250 | ||
acres, now being the north line of said Walnut Creek Section Nine, | ||
passing the northwest corner of said Walnut Creek Section Nine, the | ||
northeast corner of Walnut Creek Section Three, recorded in Clerk's | ||
File No. 20090032 of the Official Public Records of Fort Bend | ||
County, Texas at an additional distance of 917.38 feet, passing the | ||
northwest corner of said Walnut Creek Section Three, the northeast | ||
corner of Rosehaven Section 2, recorded in Clerk's File | ||
No. 20050172 of the Official Public Records of Fort Bend County, | ||
Texas at an additional distance of 259.13 feet, passing the | ||
northwest corner of said Rosehaven Sec. 2, the northeast corner of | ||
Restricted Reserve "A", Walnut Creek Recreational Reserve, | ||
recorded in Clerk's File No. 20100086 of the Official Public | ||
Records of Fort Bend County, Texas, at an additional distance of | ||
1,290.33, for a total distance of 4989.24 feet, to a point, said | ||
point being located S67°37'36"E a distance of 16.07 feet from the | ||
northwest corner of said Rosehaven Sec. 2, the northeast corner of | ||
Restricted Reserve "A", Walnut Creek Recreational Reserve, | ||
recorded in Clerk's File No. 20100086 of the Official Public | ||
Records of Fort Bend County, Texas; | ||
THENCE: Over and across the said 250 acre tract of land the | ||
following courses and distances: | ||
N22°22'24"E, a distance of 129.84 feet to a point, | ||
N20°01'13"E, a distance of 59.92 feet to a point, | ||
N22°28'53"E, a distance of 358.51 feet to a point, | ||
N18°09'34"E, a distance of 60.26 feet to a point, | ||
N22°24'27"E, a distance of 129.92 feet to a point, | ||
N22°48'47"E, a distance of 152.32 feet to a point, | ||
N17°28'20"E, a distance of 190.00 feet to a point, | ||
S72°54'19"E, a distance of 23.20 feet to a point, | ||
Northeasterly, along a non-tangent curve to the left, having | ||
a radial bearing of N 17°05'41" E, a radius of 24.84 feet, a central | ||
angle of 92°12'15", a chord bearing and distance of N 60°59'33" E, | ||
35.80 feet, for an arc length of 39.98 feet to a point, | ||
Southeasterly, along the arc of a reverse curve to the right | ||
with a radius of 780.39 feet, an interior angle of 12°35'14", and a | ||
chord bearing and distance of N 21°11'03" E, 171.10 feet; for an arc | ||
length of 171.44 feet to a point, | ||
N 27°06'01" E, a distance of 59.97 feet to a point, | ||
Northwesterly, along a tangent curve to the left with a | ||
radius of 2280.00 feet, a central angle of 02°47'20", and a chord | ||
bearing and distance of N 25°42'20" E, 110.97 feet, for an arc length | ||
of 110.98 feet to a point, | ||
N 67°30'19" W, a distance of 260.14 feet to a point, | ||
N 54°51'39" W, a distance of 61.08 feet to a point, and | ||
N 67°21'55" W, a distance of 247.25 feet to a point; | ||
THENCE: N 22°29'41" E, along and with the west line of said | ||
0.476 acre right-of-way easement and west line of said 250 acre | ||
tract, a distance of 506.41 feet to the POINT OF BEGINNING and | ||
containing 232.215 acres in the Extra-Territorial Jurisdiction of | ||
Rosenberg, Fort Bend County, Texas. Said tract being described in | ||
accordance with a survey made on the ground and a survey description | ||
and map prepared under job number 49077-14 by Pape-Dawson | ||
Engineers, Inc. | ||
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 | ||
7927, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7927.106 to read as follows: | ||
Sec. 7927.106. 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 September 1, 2013. |