Bill Text: TX HB4147 | 2015-2016 | 84th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of Missouri City Management District No. 1; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [HB4147 Detail]

Download: Texas-2015-HB4147-Comm_Sub.html

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By: Reynolds (Senate Sponsor - Ellis) H.B. No. 4147
(In the Senate - Received from the House May 13, 2015;
May 14, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2015, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 4,
Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4147 By: Bettencourt

A BILL TO BE ENTITLED
AN ACT
relating to the creation of Missouri City Management District
No. 1; providing authority to issue bonds; providing authority to
impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3931 to read as follows:
CHAPTER 3931. MISSOURI CITY MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3931.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Missouri City.
(3) "County" means Fort Bend County.
(4) "Director" means a board member.
(5) "District" means the Missouri City Management
District No. 1.
Sec. 3931.002. NATURE OF DISTRICT. The Missouri City
Management District No. 1 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3931.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city, the
county, and other political subdivisions to contract with the
district, the legislature has established a program to accomplish
the public purposes set out in Section 52-a, Article III, Texas
Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant city or county services
provided in the district.
Sec. 3931.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3931.005. 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 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3931.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3931.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3931.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3931.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven voting directors who serve staggered
terms of four years, with three or four directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board if the board determines that the change is in
the best interest of the district. The board may not consist of
fewer than 5 or more than 11 voting directors.
Sec. 3931.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
and members of the governing body of the city shall appoint voting
directors from persons recommended by the board. A person is
appointed if a majority of the members of the governing body,
including the mayor, vote to appoint that person.
Sec. 3931.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3931.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3931.055. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3931.056. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director
1 Scott Frasier
2 Todd Burrer
3 Anthony C. Francis
4 Jaime Virkus
5 Loveless Mitchel
6 Wilfred Green
7 Curtis Williams
(b) Of the initial directors, the terms of directors
appointed for positions one through four expire June 1, 2019, and
the terms of directors appointed for positions five through seven
expire June 1, 2017.
(c) Section 3931.052 does not apply to this section.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3931.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3931.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3931.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3931.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3931.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift or grant from any person. The
district shall promptly notify the city of any gift or grant
accepted by the district.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3931.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3931.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3931.108. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3931.109. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3931.110. APPROVAL BY CITY. (a) Except as provided
by Subsection (c), the district must obtain the approval of the city
for:
(1) the issuance of bonds;
(2) the plans and specifications of an improvement
project financed by bonds; and
(3) the plans and specifications of an improvement
project related to the use of land owned by the city, an easement
granted to or by the city, or a right-of-way of a street, road, or
highway.
(b) The district may not issue bonds until the governing
body of the city adopts a resolution or ordinance authorizing the
issuance of the bonds.
(c) If the district obtains the approval of the city's
governing body of a capital improvements budget for a period not to
exceed five years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the city.
(d) The governing body of the city:
(1) is not required to adopt a resolution or ordinance
to approve plans and specifications described by Subsection (a);
and
(2) may establish an administrative process to approve
plans and specifications described by Subsection (a) without the
involvement of the governing body.
Sec. 3931.111. CONSENT OF CITY REQUIRED. The district may
not take any of the following actions until the city has consented
by ordinance or resolution to the creation of the district and to
the inclusion of land in the district:
(1) hold an election under Subchapter L, Chapter 375,
Local Government Code;
(2) impose an ad valorem tax;
(3) impose an assessment;
(4) issue bonds; or
(5) enter into an agreement to reimburse the costs of
facilities.
Sec. 3931.112. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3931.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3931.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3931.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3931.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3931.201. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3931.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3931.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3931.201, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3931.203. 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.
Sec. 3931.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3931.205. 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 annual ad valorem tax, without limit as to rate or amount,
for each year that 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. 3931.206. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city is not required to pay a bond, note, or
other obligation of the district.
SECTION 2. The Missouri City Management District No. 1
initially includes all territory contained in the following area:
TRACT 1
A METES & BOUNDS description of a certain 41.72 acre tract of
land situated in the H. Shropshire Survey 1/3 League, Abstract
No. 313 in Fort Bend County, Texas, being out of a called 565.1305
acre tract of land conveyed to Marhaba Partners Limited Partnership
by Special Warranty Deed recorded in Clerk's File No. 2001122130 of
the Fort Bend County Official Public Records of Real Property; said
41.72 acre tract being more particularly described as follows with
all bearings being based on the Texas Coordinate System, South
Central Zone, NAD 83;
COMMENCING at a found 3/4-inch iron rod (with cap stamped
"Cotton Surveying") in the southwest line of a called 82.741 acre
tract, Reserve A, Block 1 of Senior Road Tall Tower, plat of which
is recorded in Slide No. 1840B of the Fort Bend County Map Records,
from said iron rod a found 5/8-inch rod bears North 62°52'52" West,
412.26 feet;
THENCE, South 62°52'52" East, along the southwest line of said
Reserve A, at 0.16 feet passing a found 5/8-inch iron rod
(disturbed), continuing in all a total distance of 2225.38 feet
found 5/8-inch iron rod (with cap stamped "VTSM") being in the west
line of Fort Bend County Toll Road (right-of-way varies) recorded
in Clerk's File No. 2002112837 of the Fort Bend County Official
Public Records of Real Property, from said iron rod a found a found
5/8-inch iron rod bears North 02°49'05" West, 627.24 feet;
THENCE, along the west line of said Fort Bend County Toll
Road, the following seven (7) courses and distances:
1. South 02°49'05" East, 121.16 feet to a point at the
beginning of a curve to the left, from said point a found 5/8-inch
iron rod bears South 84°36'50" East, 0.4 feet;
2. Along the arc of said curve to the left having a
radius of 5879.60 feet, a central angle of 01°37'34", an arc length
of 166.87 feet, and a long chord bearing South 03°37'51" East,
166.86 feet to the POINT OF BEGINNING of the herein described tract;
3. Continuing along said curve to the left having a
radius of 5879.60 feet, a central angle of 09°51'34", an arc length
of 1011.77 feet, and a long chord bearing South 09°22'26" East,
1010.53 feet to a found 3/4-inch iron rod (with cap stamped "Cotton
Surveying");
4. South 02°50'47" East, 43.93 feet to a found 5/8-inch
iron rod at the beginning of a curve to the left;
5. Along the arc of said curve to the left having a
radius of 1453.39 feet, a central angle of 15°42'27", an arc length
of 398.45 feet, and a long chord bearing South 10°42'01" East,
397.20 feet to a found 5/8-inch iron rod at the beginning of
compound curve to the left;
6. Along the arc of said compound curve to the left
having a radius of 5929.60 feet, a central angle of 03°38'22", an arc
length of 376.65 feet, and a long chord bearing South 20°22'26"
East, 376.59 feet to a found 3/4-inch iron rod (with cap stamped
"Cotton Surveying"), from which a found 5/8-inch iron rod bears
North 03°52'05" East, 0.25 feet;
7. South 32°26'09" West, 63.40 feet to a found 3/4-inch
iron rod (with cap stamped "Cotton Surveying") in the north line of
Lake Olympia Parkway (called 100-feet wide) dedication of which is
described in Warranty Deed with Vendor's Lien recorded in Clerk's
File No. 200411056 of the Fort Bend County Official Public Records
of Real Property at the beginning of a non-tangent curve to the
right;
THENCE, along the north line of said Lake Olympia Parkway,
the following five (5) courses and distances:
1. Along the arc of said non-tangent curve to the right
having a radius of 1950.00 feet, a central angle of 03°14'44", an arc
length of 110.46 feet, and a long chord bearing South 88°46'43"
West, 110.44 feet to a found 3/4-inch iron rod (with cap stamped
"Cotton Surveying");
2. North 89°35'55" West, 120.00 feet to a found
5/8-inch iron rod at the beginning of a curve to the right;
3. Along the arc of said curve to the right having a
radius of 1150.00 feet, a central angle of 52°58'40", an arc length
of 1063.33 feet, and a long chord bearing North 63°06'34" West,
1025.86 feet to a found 3/4-inch iron rod;
4. North 36°37'19" West, 120.01 feet to a found
3/4-inch iron rod at the beginning of a curve to the left;
5. Along the arc of said curve to the left having a
radius of 2050.00 feet, a central angle of 24°46'42", an arc length
of 886.55 feet, and a long chord bearing North 49°00'36" West,
879.66 feet to a point for corner;
THENCE, North 65°32'32" East, 1695.44 feet to the POINT OF
BEGINNING, CONTAINING 41.72 acres of land in Fort Bend County,
Texas.
TRACT 2
A METES & BOUNDS description of a certain 25.35 acre tract of
land situated in the D. Bright League Survey, Abstract No. 13 in
Fort Bend County, Texas, being out of a called 40.787 acre tract of
land conveyed to Teahouse Beverage, Inc. by Deed without Warranties
recorded in Clerk's File No. 2013030020 of the Fort Bend County
Official Public Records of Real Property; said 25.35 acre tract
being more particularly described as follows with all bearings
being based on the Texas Coordinate System, South Central Zone, NAD
83;
BEGINNING at a set 5/8-inch iron rod (with cap stamped
"Cotton Surveying") at the southeast corner of said 40.787 acre
tract, common with the northeast corner of the remainder of a called
640 acre tract of land conveyed to Edward A. Palmer by Deed recorded
in Volume F, Page 219 and Volume 343, Page 483, both of the Fort Bend
County Deed Records, being in a west line of a called 280.740 acre
tract of land (Tract 1) conveyed to Memorial Herman Hospital System
by Substitute Trustee's Deed and Bill of Sale recorded in Clerk's
File No. 2011108901 of the Fort Bend County Official Public Records
of Real Property, from which a found 5/8-inch iron rod (with cap
stamped "Gary Bowes") bears South 87°25'38" West, 5.38 feet and a
found 3/4-inch iron rod (with cap stamped "Cotton Surveying") bears
South 02°31'08" East, 843.16 feet;
THENCE, South 87°25'38" West, along the south line of said
40.787 acre tract, common with the north line of the remainder of
said 640 acre tract, passing the northwest corner of the remainder
of said 640 acre tract, common with the northeast corner of Crescent
Oak Village at Lake Olympia Sec. 7, plat of which is recorded in
Slide No. 2334B of the Fort Bend County Plat Records, now along the
north line of said Crescent Oak Village at Lake Olympia Sec. 7,
981.63 feet to a point for corner in the center of Mustang Bayou,
from which a found 5/8-inch iron rod (with cap stamped "Gary Bowes")
bears South 87°25'38" West, 1697.00 feet;
THENCE, North 17°21'32" West, along the center of said Mustang
Bayou, 206.70 feet to a point for corner;
THENCE, North 14°24'28" West, continuing along the center of
said Mustang Bayou, 608.44 feet to a point for corner in the north
line of said 40.787 acre tract and the center of said Mustang Bayou,
at a southwest corner of the aforementioned 280.740 acre tract,
common with the southeast corner of a called 12.620 acre tract of
land conveyed to City of Missouri City by Warranty Deed recorded in
Volume 1943, Page 2541 of the Fort Bend County Deed Records, from
which a found 5/8-inch iron rod (with cap stamped "JT Jalibuk")
bears South 67°07'13" West, 987.26 feet;
THENCE, North 67°05'52" East, along the north line of said
40.787 acre tract, common with a south line of said 280.740 acre
tract, 1237.40 feet to a set 5/8-inch iron rod (with cap stamped
"Cotton Surveying") at the northeast corner of said 40.787 acre
tract, common with an interior corner of said 280.740 acre tract;
THENCE, South 02°31'08" East, along the east line of said
40.787 acre tract, common with a west line of said 280.740 acre
tract, 1225.26 feet to the POINT OF BEGINNING, CONTAINING 25.35
acres of land in Fort Bend County, Texas, as shown on Drawing
No. 8879 in the office of Cotton Surveying Company in Houston,
Texas.
TRACT 3
A METES & BOUNDS description of a certain 280.70 acre tract of
land situated in the H. Shropshire Survey, Abstract No. 313 and the
David Bright League Survey, Abstract No. 13 in Fort Bend County,
Texas, being all of a called 280.740 acre tract of land conveyed to
Memorial Herman Hospital System by Substitute Trustee's Deed and
Bill of Sale recorded in Clerk's File No. 2011108901 of the Fort
Bend County Official Public Records of Real Property; said 280.7
acre tract being more particularly described as follows with all
bearings being based on the Texas Coordinate System, South Central
Zone, NAD 83;
BEGINNING at a set 3/4-inch iron rod (with cap stamped
"Cotton Surveying") for the northeast corner of said 280.740 acre
tract, common with the northwest corner of a called 128.626 acre
tract of land conveyed to Richland Houston Tower, LLC by Special
Warranty Deed recorded in Clerk's File No. 2000025485 of the Fort
Bend County Official Public Records of Real Property, in the south
line of Quail Glen, plat of which is recorded in Slide No.'s 405B,
406A and 406B, all of the Fort Bend County Plat Records, from which
a found 1/2-inch iron rod bears South 67°41'59" East, 0.38 feet;
THENCE, South 40°04'17" East, along the east line of said
280.740 acre tract, common with the west line of said 128.626 acre
tract, 2128.84 feet to a set 3/4-inch iron rod (with cap stamped
"Cotton Surveying");
THENCE, South 41°56'11" East, continuing along said common
line, 3.85 feet to a found 5/8-inch iron rod at the southwest corner
of said 128.686 acre tract, common with the northwest corner of a
called 85.991 acre tract of land conveyed to American Tower, LP by
Special Warranty Deed recorded in Clerk's File No. 1999012142 of
the Fort Bend County Official Public Records of Real Property;
THENCE, South 47°19'50" East, along the east line of said
280.740 acre tract, common with a west line of said 85.991 acre
tract, 787.14 feet to a found 5/8-inch iron rod;
THENCE, South 40°09'26" West, along a south line of said
280.740 acre tract, common with a north line of said 85.991 acre
tract, 1715.36 feet to a found 5/8-inch iron rod;
THENCE, South 62°50'07" East, continuing along said common
line, 412.16 feet to a found 5/8-inch iron rod at the southeast
corner of said 280.740 acre tract, common with the north corner of a
called 110.884 acre tract of land conveyed to M.V. McCarthy by
Substitute Trustee's Deed recorded in Clerk's File No. 2011054594
of the Fort Bend County Official Public Records of Real Property;
THENCE, South 63°20'09" West, along the south line of said
280.740 acre tract, common with the north line of said 110.884 acre
tract, 2304.15 feet to a found 3/4-inch iron rod (with cap stamped
"Cotton Surveying") at the northwest corner of said 110.884 acre
tract, common with the southeast corner of Crescent Oak Village at
Lake Olympic Sec. 7, plat of which is recorded in Slide No. 2334B of
the Fort Bend County Plat Records;
THENCE, North 02°31'08" West, along the west line of said
280.740 acre tract, common with the east line of said Crescent Oak
Village at Lake Olympia Sec. 7, a remainder of a called 640 acre
tract of land conveyed to Edward A. Palmer recorded in Volume F,
Page 219 and Volume 343, Page 483, both of the Harris County Map
Records, passing a found 5/8-inch iron rod at a distance of 843.15
feet, 5.30 feet left, and along a called 40.787 acre tract of land
conveyed to Teahouse Beverage, Inc. by Deed without Warranties
recorded in Clerk's File No. 2013030020 of the Fort Bend County
Official Public Records of Real Property, 2068.42 feet to a set
3/4-inch iron rod (with cap stamped "Cotton Surveying") at an
interior corner of said 280.740 acre tract, common with the
northwest corner of said 40.787 acre tract;
THENCE, South 67°05'52" West, along a south line of said
280.740 acre tract, common with the north line of said 40.787 acre
tract, 1237.40 feet to the southeast corner of a called 12.620 acre
tract of land conveyed to City of Missouri City by Warranty Deed
recorded in Volume 1943, Page 2541 of the Fort Bend County Deed
Records;
THENCE, North 21°48'08" West, along a west line of said
280.740 acre tract, common with the east line of said 12.620 acre
tract, 226.10 feet to a point for corner;
THENCE, North 26°10'50" West, continuing along said common
line and then along the east line of Glen Lakes Lane (80 feet
right-of-way) no dedication found, 183.34 feet to a point for
corner;
THENCE, North 15°11'03" West, along the west line of said
280.740 acre tract, common with the east line of said Glen Lakes
Lane and then along the east line of a called 36.599 acre tract of
land conveyed to the City of Missouri City by Warranty Deed recorded
in Volume 1943, Page 2541 of the Fort Bend County Official Public
Records of Real Property, 759.72 feet to a point at the beginning of
a curve to the right;
THENCE, along the west line of said 280.740 acre tract,
common with the east line of said 36.599 acre tract and then along
the east line of a called 47.884 acre tract of land conveyed to the
City of Missouri City by Warranty Deed recorded in Volume 1929, Page
1217 of the Fort Bend County Deed Records, and along the arc of said
curve to the right having a radius of 650.00 feet, a central angle
of 34°22'27", an arc length of 389.96 feet, and a long chord bearing
North 02°00'10" East, 384.14 feet to a point for corner;
THENCE, along the west line of said 280.740 acre tract,
common with the east line of said 47.884 acre tract, the following
seven (7) courses and distances:
1. North 19°11'24" East, 260.36 feet to a point at the
beginning of a curve to the left;
2. Along the arc of said curve to the left having a
radius of 650.00 feet, a central angle of 16°55'17", an arc length of
191.97 feet, and a long chord bearing North 10°43'45" East, 191.27
feet to a point for corner;
3. North 02°16'07" East, 376.57 feet to a point at the
beginning of a curve to the right;
4. Along the arc of said curve to the right having a
radius of 480.00 feet, a central angle of 65°39'52", an arc length of
550.11 feet, and a long chord bearing North 35°06'03" East, 520.49
feet to a point for corner;
5. North 67°55'59" East, 138.16 feet to a point at the
beginning of a curve to the left;
6. Along the arc of said curve to the left having a
radius of 320.00 feet, a central angle of 36°02'18", an arc length of
201.28 feet, and a long chord bearing North 49°54'50" East, 197.97
feet to a point for corner;
7. North 31°53'41" East, 134.19 feet to a point in the
north line of said 280.740 acre tract, common with the south line of
Thunderbird North, plat of which is recorded in Slides 187A, 187B
and 188A, all of the Fort Bend County Plat Records;
THENCE, North 86°45'39" East, along said common line, and then
along the south line of the aforementioned Quail Glen, in all a
total distance of, 1644.89 feet to the POINT OF BEGINNING,
CONTAINING 280.7 acres of land in Fort Bend County, Texas, as shown
on Drawing No. 8878 in the office of Cotton Surveying Company in
Houston, Texas.
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,
lieutenant governor, and 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 have been
fulfilled and accomplished.
SECTION 4. 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, 2015.
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