Bill Text: TX HB4615 | 2021-2022 | 87th Legislature | Comm Sub
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. 249; 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) 2021-06-15 - Effective immediately [HB4615 Detail]
Download: Texas-2021-HB4615-Comm_Sub.html
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 249; 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) 2021-06-15 - Effective immediately [HB4615 Detail]
Download: Texas-2021-HB4615-Comm_Sub.html
87R21931 MP-F | |||
By: Gates | H.B. No. 4615 | ||
Substitute the following for H.B. No. 4615: | |||
By: Rosenthal | C.S.H.B. No. 4615 |
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relating to the creation of the Fort Bend County Municipal Utility | ||
District No. 249; 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 7904A to read as follows: | ||
CHAPTER 7904A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT | ||
NO. 249 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7904A.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Fulshear, Texas. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Fort Bend County Municipal | ||
Utility District No. 249. | ||
Sec. 7904A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7904A.0103. CONFIRMATION AND DIRECTOR ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 7904A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7904A.0103 until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 7904A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 7904A.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7904A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7904A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7904A.0202. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, 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 7904A.0103; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 7904A.0103 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7904A.0103; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7904A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7904A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 7904A.0303. AUTHORITY FOR ROAD PROJECTS. Under | ||
Section 52, Article III, Texas Constitution, the district may | ||
design, acquire, construct, finance, issue bonds for, improve, | ||
operate, maintain, and convey to this state, a county, or a | ||
municipality for operation and maintenance macadamized, graveled, | ||
or paved roads, or improvements, including storm drainage, in aid | ||
of those roads. | ||
Sec. 7904A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 7904A.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCE OR RESOLUTION. The district shall comply with all | ||
applicable requirements of any ordinance or resolution that is | ||
adopted under Section 54.016 or 54.0165, Water Code, and that | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
Sec. 7904A.0306. PUBLIC INFORMATION. (a) The district | ||
shall maintain an Internet website. | ||
(b) The board shall make available on the district's | ||
Internet website the information required under Section 26.18, Tax | ||
Code. | ||
SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7904A.0401. 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. 7904A.0402. 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. 7904A.0403. 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. | ||
Sec. 7904A.0404. CONSENT OF MUNICIPALITY AND DEVELOPMENT | ||
AGREEMENT REQUIRED. (a) The temporary directors may not hold an | ||
election to authorize the issuance of bonds until: | ||
(1) the governing body of the city by ordinance or | ||
resolution consents to the creation of the district and to the | ||
inclusion of land in the district; and | ||
(2) the district, the city, and the owner or owners of | ||
a majority of the assessed value of real property in the district | ||
negotiate and execute a mutually approved and accepted development | ||
and operating agreement, including any limitations imposed by the | ||
city. | ||
(b) The city's consent under Subsection (a) must be granted | ||
in the manner provided by Section 54.016, Water Code, for including | ||
land within the corporate limits or extraterritorial jurisdiction | ||
of a city. | ||
SECTION 2. The Fort Bend County Municipal Utility District | ||
No. 249 initially includes all the territory contained in the | ||
following area: | ||
Tract 1 | ||
Being a tract containing 58.07 acres of land located in the William | ||
Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said | ||
58.07 acres being a call 58.09 acre tract of land recorded in the | ||
name of HVM Partners, L.P. under Fort Bend County Clerk's File | ||
No. 2006046902. Said 58.07 acres of land being more particularly | ||
described by metes and bounds as follows (Bearings are referenced | ||
to the Texas Coordinate System of 1983, South Central Zone, as | ||
derived from GPS observations): | ||
BEGINNING at a 1 inch iron pipe found at the northeast corner of | ||
said 58.09 acre tract, the southeast corner of a call 12.525 acre | ||
tract of land recorded in the name of Mason Briscoe III and Dee | ||
Briscoe under Volume 609, Page 690 of the Fort Bend County Deed | ||
Records (F.B.C.D.R.) and being on the west right-of-way (R.O.W.) | ||
line of F.M. Highway 723 (call 120-foot wide; occupied width | ||
varies), from which a 1/2 inch iron pipe found at the northeast | ||
corner of said 12.525 acre tract and intersection of said west | ||
R.O.W. with the south R.O.W. line of Beadle Road (occupied width | ||
varies) bears North 02 degrees 20 minutes 36 seconds West, a | ||
distance of 627.92 feet; | ||
THENCE, with said west R.O.W. line, South 02 degrees 20 minutes 36 | ||
seconds East (call South 00 degrees 16 minutes 50 seconds West), a | ||
distance of 1,564.34 feet (call 1,563.07 feet) to a 1/2 inch iron | ||
rod found at the common east corner of said 58.09 acre tract and a | ||
call 57.34 acre tract of land recorded in the name of Evelyn | ||
Huntington under F.B.C.C.F. No. 2014103478 from which a concrete | ||
monument found at an angle point in said west R.O.W. line bears | ||
South 02 degrees 20 minutes 36 seconds East, a distance of 359.15 | ||
feet; | ||
THENCE, with the common line between said 58.09 acre and 57.34 acre | ||
tracts, South 87 degrees 54 minutes 04 seconds West (call North 89 | ||
degrees 28 minutes 30 seconds West), a distance of 1,618.39 feet | ||
(call 1,620.07 feet) to the common west corner of said 58.09 acre | ||
and 57.34 acre tracts, being on the east line of a call 1,410.69 | ||
acre tract of land, styled as "Second Tract", recorded in the name | ||
of Foster Farms, Inc. under Volume 362, Page 549 of the F.B.C.D.R., | ||
and the common line between said Andrews League and the John Foster | ||
2-1/2 League Grant, A-26, Fort Bend County, Texas, from which point | ||
a 1/2 inch iron pipe found bears South 87 degrees 54 minutes 04 | ||
seconds West, a distance of 0.45 feet; | ||
THENCE, with said east line and said common league line, North 02 | ||
degrees 18 minutes 47 seconds West (call North 00 degrees 22 minutes | ||
00 seconds East), a distance of 1,562.53 feet (call 1,563.05 feet) | ||
to a 1/2 inch iron pipe found at the common west corner of said 58.09 | ||
acre tract and a call 12.525 acre tract of land recorded in the name | ||
of Mason Briscoe III and Dee Briscoe under Volume 1118, Page 817 of | ||
the F.B.C.D.R.; | ||
THENCE, with the common line between said 58.09 acre and 12.525 acre | ||
tracts and the south line of the aforesaid 12.525 acre tract, North | ||
87 degrees 50 minutes 13 seconds East (call South 89 degrees 28 | ||
minutes 30 seconds East), a distance of 1,617.56 feet (call | ||
1,617.72 feet) to the POINT OF BEGINNING and containing 58.07 acres | ||
of land. | ||
Tract 2 | ||
Being a tract containing 57.22 acres of land located in the William | ||
Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said | ||
57.22 acres being a call 57.34 acre tract of land recorded in the | ||
name of Evelyn Huntington under Fort Bend County Clerk's File | ||
No. 2014103478. Said 57.22 acres of land being more particularly | ||
described by metes and bounds as follows (Bearings are referenced | ||
to the Texas Coordinate System of 1983, South Central Zone, as | ||
derived from GPS observations): | ||
BEGINNING at a 1/2 inch iron pipe found at the northeast corner of | ||
said 57.34 acre tract, the southeast corner of a call 58.09 acre | ||
tract of land recorded in the name of HVM Partners, L.P. under | ||
F.B.C.C.F. No. 2006046902 and being on the west right-of-way | ||
(R.O.W.) line of F.M. Highway 723 (call 120-foot wide; occupied | ||
width varies), from which a 1 inch iron pipe found at the northeast | ||
corner of said 58.09 acre tract and the southeast corner of a call | ||
12.525 acre tract of land recorded in the name of Mason Briscoe III | ||
and Dee Briscoe under Volume 609, Page 690 of the Fort Bend County | ||
Deed Records (F.B.C.D.R.) bears North 02 degrees 20 minutes 36 | ||
seconds West, a distance of 1,564.34 feet; | ||
THENCE, with said west R.O.W. line, the following two (2) courses: | ||
1.) South 02 degrees 20 minutes 36 seconds East (call South 00 | ||
degrees 16 minutes 50 seconds East), a distance of 359.15 feet to a | ||
concrete monument found; | ||
2.) South 02 degrees 19 minutes 49 seconds East (call South 00 | ||
degrees 14 minutes 10 seconds West), a distance of 308.87 feet to a | ||
1/2 inch iron rod found at the most easterly northeast corner of a | ||
call 0.7397 acre tract of land recorded in the name of Mary Claire | ||
Huntington in Volume 2271, Page 469 of the F.B.C.D.R.; | ||
THENCE, with the north, west and south lines of said 0.7397 acre | ||
tract, the following nine (9) courses: | ||
1.) South 87 degrees 44 minutes 59 seconds West (call North 89 | ||
degrees 45 minutes 50 seconds West), a distance of 227.58 feet (call | ||
227.60 feet) to a 1/2 inch iron pipe found; | ||
2.) North 09 degrees 20 minutes 20 seconds West (call North 06 | ||
degrees 45 minutes 50 seconds West), a distance of 73.12 feet (call | ||
73.48 feet) to a 1/2 inch iron pipe found; | ||
3.) South 63 degrees 43 minutes 26 seconds West (call South 65 | ||
degrees 45 minutes West), a distance of 140.27 feet (call 140.05 | ||
feet) to a 5/8 inch capped iron rod stamped "GBI Partners" set; | ||
4.) South 17 degrees 42 minutes 21 seconds West (call South 20 | ||
degrees 31 minutes 10 seconds West), a distance of 110.75 feet to a | ||
1/2 inch iron pipe found; | ||
5.) South 10 degrees 07 minutes 39 seconds East (call South 07 | ||
degrees 18 minutes 15 seconds East), a distance of 59.05 feet (call | ||
59.0 feet) to a 1/2 inch iron pipe found; | ||
6.) North 85 degrees 33 minutes 05 seconds East (call North 88 | ||
degrees East), a distance of 81.73 feet (call 82.32 feet) to a 1/2 | ||
inch iron pipe found; | ||
7.) North 65 degrees 13 minutes 35 seconds East (call North 67 | ||
degrees 24 minutes 10 seconds East), a distance of 105.65 feet (call | ||
105.75 feet) to a 1/2 inch iron pipe found; | ||
8.) North 09 degrees 08 minutes 49 seconds West (call North 06 | ||
degrees 45 minutes 50 seconds West), a distance of 89.33 feet (call | ||
88.89 feet) to a 1/2 inch iron pipe found; | ||
9.) North 87 degrees 42 minutes 39 seconds East (call South 89 | ||
degrees 45 minutes 50 seconds West), a distance of 225.90 feet (call | ||
225.76 feet) to a 1/2 inch iron pipe found at the most easterly | ||
southeast corner of said 0.7397 acre tract and being on the | ||
aforesaid west R.O.W. line of F.M. Highway 723; | ||
THENCE, with said west R.O.W. line, South 02 degrees 19 minutes 49 | ||
seconds East (call South 00 degrees 14 minutes 10 seconds West), a | ||
distance of 877.24 feet to a 1/2 inch iron rod found at the common | ||
east corner of said 57.34 acre tract and a call 30.00 acre tract of | ||
land recorded in the name of Evelyn Huntington under F.B.C.C.F. | ||
No. 2014103447; | ||
THENCE, with the common line between said 57.34 acre and 30.00 acre | ||
tracts, South 87 degrees 54 minutes 34 seconds West (call North 89 | ||
degrees 28 minutes 30 seconds West), a distance of 1,618.94 feet | ||
(call 1,623.30 feet) to a 1/2 inch iron pipe found at the common | ||
west corner of said 57.34 acre and 30.00 acre tracts, being on the | ||
east line of a call 1,410.69 acre tract of land, styled as "Second | ||
Tract", recorded in the name of Foster Farms, Inc. under Volume 362, | ||
Page 549 of the F.B.C.D.R., and the common line between said Andrews | ||
League and the John Foster 2-1/2 League Grant, A-26, Fort Bend | ||
County, Texas, from which a 1/2 inch iron pipe found at the | ||
southwest corner of said 30.00 acre tract bears South 02 degrees 18 | ||
minutes 47 seconds East, a distance of 805.73 feet; | ||
THENCE, with said east line and said common league line, North 02 | ||
degrees 18 minutes 47 seconds West (call North 00 degrees 22 minutes | ||
00 seconds East), a distance of 1,559.73 feet (call 1,560.41 feet) | ||
to a 1/2 inch iron pipe found at the common west corner of said 57.34 | ||
acre and aforesaid 58.09 acre tract from which point a 1/2 inch iron | ||
pipe found bears South 87 degrees 54 minutes 04 seconds West, a | ||
distance of 0.45 feet; | ||
THENCE, with the common line between said 57.34 acre and 58.09 acre | ||
tracts, North 87 degrees 54 minutes 04 seconds East (call South 89 | ||
degrees 28 minutes 30 seconds East), a distance of 1,618.39 feet | ||
(call 1,620.07 feet) to the POINT OF BEGINNING and containing 57.22 | ||
acres of land. | ||
Tract 3 | ||
Being a tract containing 0.739 acres of land located in the William | ||
Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said | ||
0.739 acres being a call 0.7397 acre tract of land recorded in the | ||
name of Mary Claire Huntington under Volume 2271, Page 469 of the | ||
Fort Bend County Deed Records (F.B.C.D.R.). Said 0.739 acres of | ||
land being more particularly described by metes and bounds as | ||
follows (Bearings are referenced to the Texas Coordinate System of | ||
1983, South Central Zone, as derived from GPS observations): | ||
BEGINNING at a 1/2 inch iron pipe found at most easterly southeast | ||
corner of said 0.7397 acre tract and being on the west right-of-way | ||
(R.O.W.) line of F.M. Highway 723 (call 120-foot wide; occupied | ||
width varies), from which a 1/2 inch iron pipe found on said west | ||
R.O.W. line and at the common east corner of call 30.00 acre and | ||
57.34 acre tracts of land recorded in the name of Evelyn Huntington | ||
under Fort Bend County Clerk's File No. 2014103477 and 2014103478, | ||
respectively, bears South 02 degrees 19 minutes 49 seconds East, a | ||
distance of 877.24 feet; | ||
THENCE, with the south, west and north lines of said 0.7397 acre | ||
tract, the following nine (9) courses: | ||
1.) South 87 degrees 42 minutes 39 seconds West (call North 89 | ||
degrees 45 minutes 50 seconds West), a distance of 225.90 feet (call | ||
225.76 feet) to a 1/2 inch iron pipe found; | ||
2.) South 09 degrees 08 minutes 49 seconds East (call South 09 | ||
degrees 08 minutes 49 seconds East), a distance of 89.33 feet (call | ||
89.89 feet) to a 1/2 inch iron pipe found; | ||
3.) South 65 degrees 13 minutes 35 seconds West (call South 67 | ||
degrees 24 minutes 10 seconds West), a distance of 105.65 feet (call | ||
105.75 feet) to a 1/2 inch iron pipe found; | ||
4.) South 85 degrees 33 minutes 05 seconds West (call South 88 | ||
degrees West), a distance of 81.73 feet (call 82.32 feet) to a 1/2 | ||
inch iron pipe found; | ||
5.) North 10 degrees 07 minutes 39 seconds West (call North 07 | ||
degrees 18 minutes 15 seconds West), a distance of 59.05 feet (call | ||
59.0 feet) to a 1/2 inch iron pipe found; | ||
6.) North 17 degrees 42 minutes 21 seconds East (call North 20 | ||
degrees 31 minutes 10 seconds East), a distance of 110.75 feet to a | ||
5/8 inch capped iron rod stamped "GBI Partners" set; | ||
7.) North 63 degrees 43 minutes 26 seconds East (call North 65 | ||
degrees 45 minutes East), a distance of 140.27 feet (call 140.05 | ||
feet) to a 1/2 inch iron pipe found; | ||
8.) South 09 degrees 20 minutes 20 seconds East (call South 06 | ||
degrees 45 minutes 50 seconds East), a distance of 73.12 feet (call | ||
73.48 feet) to a 1/2 inch iron pipe found; | ||
9.) North 87 degrees 44 minutes 59 seconds East (call South 89 | ||
degrees 45 minutes 50 seconds East), a distance of 227.58 feet (call | ||
227.60 feet) to a 1/2 inch iron pipe found at the most easterly | ||
northeast corner of said 0.7397 acre tract and being on the | ||
aforesaid west R.O.W. line of F.M. Highway 723 from which a concrete | ||
monument found on said west R.O.W. line bears North 02 degrees 19 | ||
minutes 49 seconds West, a distance of 308.87 feet; | ||
THENCE, with said west R.O.W. line, South 02 degrees 19 minutes 49 | ||
seconds East (call South 00 degrees 14 minutes 10 seconds West), a | ||
distance of 14.71 feet (call 15.0 feet) to the POINT OF BEGINNING | ||
and containing 0.739 acres of land. | ||
Tract 4 | ||
Being a tract containing 29.93 acres of land located in the William | ||
Andrews League, Abstract No. 3, in Fort Bend County, Texas. Said | ||
29.93 acres being a call 30.00 acre tract of land recorded in the | ||
name of Evelyn Huntington under Fort Bend County Clerk's File | ||
No. 2014103477. Said 29.93 acres of land being more particularly | ||
described by metes and bounds as follows (Bearings are referenced | ||
to the Texas Coordinate System of 1983, South Central Zone, as | ||
derived from GPS observations): | ||
BEGINNING at a 1/2 inch iron pipe found at the northeast corner of | ||
said 30.00 acre tract, the southeast corner of a call 57.34 acre | ||
tract of land recorded in the name of Evelyn Huntington under | ||
F.B.C.C.F. No. 2014103478 and being on the west right-of-way | ||
(R.O.W.) line of F.M. Highway 723 (call 120-foot wide; occupied | ||
width varies), from which a 1/2 inch iron pipe found on said west | ||
R.O.W. line and at the most easterly southeast corner of a call | ||
0.7397 acre tract of land recorded in the name of Mary Claire | ||
Huntington in Volume 2271, Page 469 of the Fort Bend County Deed | ||
Records ( F.B.C.D.R.) bears North 02 degrees 19 minutes 49 seconds | ||
West, a distance of 877.24 feet; | ||
THENCE, with said west R.O.W. line, the following two (2) courses: | ||
1.) South 02 degrees 19 minutes 49 seconds East (call South 00 | ||
degrees 14 minutes 10 seconds West), a distance of 785.48 feet (call | ||
785.45 feet) to a 5/8 inch capped iron rod stamped "GBI Partners" | ||
set; | ||
2.) South 02 degrees 44 minutes 20 seconds East (call South 00 | ||
degrees 14 minutes 40 seconds West), a distance of 19.25 feet (call | ||
19.14 feet) to a 1/2 inch iron rod found at common east corner of | ||
said 30.00 acre tract and a call 6.5331 acre tract of land recorded | ||
in the name of Denise K. Heibel under F.B.C.C.F. No. 9818471 from | ||
which a 1/2 inch iron pipe found on said west R.O.W. line bears | ||
South 02 degrees 44 minutes 20 seconds East, a distance of 59.79 | ||
feet; | ||
THENCE, with the common line between said 30.00 acre and 6.5331 acre | ||
tracts, South 87 degrees 52 minutes 26 seconds West (call North 89 | ||
degrees 28 minutes 30 seconds West), a distance of 1,619.31 feet | ||
(call 1,625.13 feet) to a 1/2 inch iron pipe found at the common | ||
west corner of said 30.00 acre and 6.5331 acre tracts, being on the | ||
east line of a call 1,410.69 acre tract of land, styled as "Second | ||
Tract", recorded in the name of Foster Farms, Inc. under Volume 362, | ||
Page 549 of the F.B.C.D.R., and the common line between said Andrews | ||
League and the John Foster 2-1/2 League Grant, A-26, Fort Bend | ||
County, Texas; | ||
THENCE, with said east line and said common league line, North 02 | ||
degrees 18 minutes 47 seconds West (call North 00 degrees 22 minutes | ||
00 seconds East), a distance of 805.73 feet (call 804.58 feet) to a | ||
1/2 inch iron pipe found at the common west corner of said 30.00 | ||
acre and aforesaid 57.34 acre tract; | ||
THENCE, with the common line between said 30.00 acre and 57.34 acre | ||
tracts, North 87 degrees 54 minutes 34 seconds East (call South 89 | ||
degrees 28 minutes 30 seconds East), a distance of 1,618.94 feet | ||
(call 1,623.30 feet) to the POINT OF BEGINNING and containing 29.93 | ||
acres of land. | ||
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 | ||
7904A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7904A.0307 to read as | ||
follows: | ||
Sec. 7904A.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |