Bill Text: TX HB886 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 528; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.
Sponsorship: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB886 Detail]
Download: Texas-2011-HB886-Enrolled.html
| H.B. No. 886 | ||
| relating to the creation of the Harris County Municipal Utility | ||
| District No. 528; providing authority to impose a tax and issue | ||
| bonds; granting a limited power of eminent domain. | ||
| 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 8318 to read as follows: | ||
| CHAPTER 8318. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8318.001. 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 County Municipal | ||
| Utility District No. 528. | ||
| Sec. 8318.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8318.003. 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. 8318.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 8318.003 | ||
| 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. 8318.005. 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. 8318.006. 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. | ||
| [Sections 8318.007-8318.050 reserved for expansion] | ||
| SUBCHAPTER B. BOARD OF DIRECTORS | ||
| Sec. 8318.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8318.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 8318.052. TEMPORARY DIRECTORS. (a) On or after | ||
| September 1, 2011, 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 8318.003; or | ||
| (2) September 1, 2015. | ||
| (c) If permanent directors have not been elected under | ||
| Section 8318.003 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 8318.003; 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. | ||
| [Sections 8318.053-8318.100 reserved for expansion] | ||
| SUBCHAPTER C. POWERS AND DUTIES | ||
| Sec. 8318.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8318.102. 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. 8318.103. 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. 8318.104. 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. 8318.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
| OR RESOLUTION. The district shall comply with all applicable | ||
| requirements of any ordinance or resolution adopted by the city | ||
| council of the City of Baytown. | ||
| Sec. 8318.106. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
| district may not exercise the power of eminent domain outside the | ||
| district to acquire a site or easement for: | ||
| (1) a road project authorized by Section 8318.103; or | ||
| (2) a recreational facility as defined by Section | ||
| 49.462, Water Code. | ||
| [Sections 8318.107-8318.150 reserved for expansion] | ||
| SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8318.151. 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 8318.153. | ||
| (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. 8318.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 8318.151, 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. 8318.153. 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. | ||
| [Sections 8318.154-8318.200 reserved for expansion] | ||
| SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 8318.201. 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. 8318.202. 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. 8318.203. 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 County Municipal Utility District No. | ||
| 528 initially includes all the territory contained in the following | ||
| area: | ||
| TRACT 1 | ||
| FIELD NOTES of a 27.8347 acre tract of land situated in the William | ||
| Scott Lower league, Abstract No. 65, Harris County, Texas, and | ||
| being out of and a part of a 1541 acre tract of land conveyed to | ||
| Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated | ||
| November 29, 1935, and recorded in Volume 996 at Page 379 of the | ||
| Deed Records of Harris County, Texas. This 27.8347 acre tract of | ||
| land is more particularly described by metes and bounds as follows, | ||
| to-wit: | ||
| NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES | ||
| REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL | ||
| ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = | ||
| 0.9998389. | ||
| BEGINNING at a concrete right-of-way monument found at the | ||
| intersection of the North right-of-way line of Spur 55 | ||
| (right-of-way width varies) and the East right-of-way line of State | ||
| Highway 146 (right-of-way width varies). Said point being | ||
| Westernmost Southwest corner and POINT OF BEGINNING of this tract | ||
| and having a State Plane Coordinate Value of N=13,832,328.10 and | ||
| E=3,250,340.20. Said point being in a curve to the left, concave | ||
| Westerly. | ||
| THENCE: Along and around said curve to the left, in a Northerly | ||
| direction, along the West line of this tract and the East | ||
| right-of-way line of said State Highway No. 146, said curve having a | ||
| central angle of 15°57'18", a radius of 1629.82 feet, and a chord | ||
| bearing and distance of North 23°06'38" East 452.39 feet, for an arc | ||
| length of 453.85 feet to a concrete right-of-way monument found for | ||
| the TERMINATION POINT of said curve. | ||
| THENCE: North 10°06'20" East along the West line of this tract and | ||
| the East right-of-way line of said State Highway No. 146, for a | ||
| distance of 97.12 feet to a 1/2 inch iron rod, with cap, set for the | ||
| Northwest corner of this tract and the Southwest corner of that | ||
| certain 33.00 acre tract of land conveyed by Ashbel Smith | ||
| Management Company, et al, to Goose Creek Consolidated Independent | ||
| School District by Deed dated June 5, 1991 and recorded under County | ||
| Clerk's File No. N174232 of the Official Public Records of Real | ||
| Property of Harris County, Texas. | ||
| THENCE: South 73°11'36" East along the North line of this tract and | ||
| the South line of said 33.00 acre tract for a distance of 1795.57 | ||
| feet to a 1/2 inch iron rod, with cap, set in the West right-of-way | ||
| line of Tri-Cities Beach Road (80 feet wide right-of-way) for the | ||
| Southeast corner of said 33.00 acres and the Northeast corner of | ||
| this tract. | ||
| THENCE: South 08°04'39" East along the Northernmost East line of | ||
| this tract and the West right-of-way line of said Tri-Cities Beach | ||
| Road for a distance of 572.67 feet to a 1/2 inch iron rod, with cap, | ||
| set for the Easternmost Southeast corner of this tract at the | ||
| intersection of the West right-of-way line of Tri-Cities Beach Road | ||
| with the North right-of-way line of said Spur 55. | ||
| THENCE: South 49°20'06" West along the Southernmost East line of | ||
| this tract and the North right-of-way line of said Spur 55 for a | ||
| distance of 104.30 feet to 1/2 inch iron rod, with cap, set for the | ||
| Southernmost Southeast corner of this tract and an angle point in | ||
| the North right-of-way line of said Spur 55. | ||
| THENCE: North 73°15'09" West along the South line of this tract and | ||
| the North right-of-way line of said Spur 55 for a distance of 118.36 | ||
| feet to a 1/2 inch iron rod, with cap, set for an angle point in said | ||
| line. | ||
| THENCE: North 74°30'59" West along the South line of this tract and | ||
| the North right-of-way line of said Spur 55 for a distance of | ||
| 1813.52 feet to a 1/2 inch iron rod, with cap, set for the | ||
| Southernmost Southwest corner of this tract and an angle point in | ||
| the North right-of-way line of said Spur 55. | ||
| THENCE: North 23°25'09" West along the Southernmost West line of | ||
| this tract and the North right-of-way line of said Spur 55 for a | ||
| distance of 135.34 feet to the PLACE OF BEGINNING and containing | ||
| within these boundaries 27.8347 acres of land. | ||
| TRACT 2 | ||
| FIELD NOTES of a 28.5456 acre tract of land situated in the William | ||
| Scott Lower league, Abstract No. 65, Harris County, Texas, and | ||
| being out of and a part of a 1541 acre tract of land conveyed to | ||
| Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated | ||
| November 29, 1935, and recorded in Volume 996 at Page 379 of the | ||
| Deed Records of Harris County, Texas. This 28.5456 acre tract of | ||
| land is more particularly described by metes and bounds as follows, | ||
| to-wit: | ||
| NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES | ||
| REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL | ||
| ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = | ||
| 0.9998389. | ||
| BEGINNING at a 1/2 inch iron rod, with cap, set at the intersection | ||
| of the Northwest right-of-way line of State Highway No. 146 (200 | ||
| feet wide right-of-way) with the East right-of-way of the Missouri | ||
| Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by | ||
| Ashbel Smith Land Company to Missouri Pacific Railroad Company by | ||
| Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486 | ||
| of the Deed Records of Harris County, Texas). Said point being the | ||
| Southwest corner and POINT OF BEGINNING of this tract and having a | ||
| State Plane Coordinate Value of N=13,831,254.86 and | ||
| E=3,248,223.73. | ||
| THENCE: North 24°15'03" West along the Southernmost West line of | ||
| this tract and the East right-of-way line of said Missouri Pacific | ||
| Railroad for a distance of 540.66 feet to a 1/2 inch iron, with cap, | ||
| set for the BEGINNING POINT of a curve to the right, concave | ||
| Easterly. | ||
| THENCE: Along and around said curve to the right, in a | ||
| Northwesterly direction, along the Southernmost West line of this | ||
| tract and the East right-of-way line of said Missouri Pacific | ||
| Railroad, said curve having a central angle of 06°37'49", a radius | ||
| of 1065.93 feet, and a chord bearing and distance of North 20°56'07" | ||
| West 123.28 feet, for an arc length of 123.35 feet to a fence corner | ||
| post found for an interior corner of this tract and an exterior | ||
| corner of said Missouri Pacific Railroad. | ||
| THENCE: South 71°27'32" West along the Westernmost South line of | ||
| this tract and an exterior line of said Missouri Pacific Railroad | ||
| for a distance of 30.00 feet to a fence corner post found for an | ||
| exterior corner of this tract and an interior corner of said | ||
| Missouri Pacific Railroad; said point being the BEGINNING POINT of | ||
| a curve to the right, concave Easterly. | ||
| THENCE: Along and around said curve to the right, in a Northerly | ||
| direction, along the Northernmost West line of this tract and the | ||
| East right-of-way line of said Missouri Pacific Railroad, said | ||
| curve having a central angle of 17°22'22", a radius of 1095.93 feet, | ||
| and a chord bearing of North 08°57'32" West 331.03 feet, for an arc | ||
| length of 332.30 feet to a 1/2 inch iron rod, with cap, set for the | ||
| TERMINATION POINT of said curve. | ||
| THENCE: North 00°22'43" West along the Northernmost West line of | ||
| this tract and the East right-of-way line of said Missouri Pacific | ||
| Railroad for a distance of 164.82 feet to a fence corner post found | ||
| at the intersection of said line with the South right-of-way line of | ||
| Alexander Drive (120 feet wide right-of-way) for the Northwest | ||
| corner of this tract. | ||
| THENCE: South 88°36'31" East along the South right-of-way line of | ||
| South Alexander Drive and the North line of this tract for a | ||
| distance of 742.80 feet to a concrete right-of-way monument found | ||
| for an angle point in said line. | ||
| THENCE: South 88°51'51" East along the South right-of-way line of | ||
| South Alexander Drive and the North line of this tract for a | ||
| distance of 648.31 feet to a concrete right-of-way monument found | ||
| for the BEGINNING POINT of a curve to the right, concave Southerly. | ||
| THENCE: Along and around said curve to the right, along the North | ||
| line of this tract and the South right-of-way line of said South | ||
| Alexander Drive, in an Easterly direction, said curve having a | ||
| central angle of 07°23'27", a radius of 2804.76 feet, and a chord | ||
| bearing and distance of South 84°50'16" East 361.55 feet, for an arc | ||
| length of 361.80 feet to a 1/2 inch iron rod, with cap, set for the | ||
| Northeast corner of this tract at the intersection of the South | ||
| right-of-way line of South Alexander Drive with a West right-of-way | ||
| line of State Highway No. 146. | ||
| THENCE: South 18°20'49" East along the East line of this tract and a | ||
| West right-of-way line of said State Highway No. 146, for a distance | ||
| of 156.45 feet to a 1/2 inch iron rod, with cap, set for the | ||
| Southeast corner of this tract and an interior corner of said State | ||
| Highway No. 146 right-of-way. Said point being in a curve to the | ||
| right, concave Northerly. | ||
| THENCE: Along and around said curve to the right, in a Westerly | ||
| direction, along the South line of this tract and the North | ||
| right-of-way line of said State Highway No. 146, said curve having a | ||
| central angle of 07°12'01", a chord bearing and distance of South | ||
| 48°00'47" West 476.69 feet, for an arc length of 477.00 feet to a 1/2 | ||
| inch iron rod, with cap, set for the TERMINATION POINT of said | ||
| curve. | ||
| THENCE: South 59°19'20" West along the South line of this tract and | ||
| the North right-of-way line of said State Highway No. 146 for a | ||
| distance of 478.02 feet to a 1/2 inch iron rod, with cap, set for an | ||
| angle point in said line. | ||
| THENCE: South 65°20'11" West along the South line of this tract and | ||
| the North right-of-way line of said State Highway No. 146 for a | ||
| distance of 756.46 feet to the PLACE OF BEGINNING and containing | ||
| within these boundaries 28.5456 acres of land. | ||
| TRACT 3 | ||
| FIELD NOTES of a 180.9042 acre tract of land situated in the William | ||
| Scott Lower League, Abstract No. 65, Harris County, Texas, and | ||
| being out of and a part of a 1541 acre tract of land conveyed to | ||
| Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated | ||
| November 29, 1935, and recorded in Volume 996 at Page 379 of the | ||
| Deed Records of Harris County, Texas. This 180.9042 acre tract of | ||
| land is more particularly described by metes and bounds as follows, | ||
| to-wit: | ||
| NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES | ||
| REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL | ||
| ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = | ||
| 0.9998389. | ||
| COMMENCING at a 2 inch iron pipe for the Northeast corner of a | ||
| 1.5116 acre tract of land called Tract 2 conveyed to Jack A. Howard, | ||
| et al, by Robert O. Busch, et al, by Deed dated March 15, 1978, and | ||
| recorded at County Clerk's file No. F530458 of the Official Public | ||
| Records of Real Property of Harris County, Texas, and in the South | ||
| right-of-way line of State Highway No. 146, 200 foot wide | ||
| right-of-way. Said COMMENCING POINT has a State Plane Coordinate | ||
| Value of N=13,830,522.01 and E=3,247,084.46. | ||
| THENCE: South 16°07'47" West along the East line of said 1.5116 | ||
| acres for a distance of 677.44 feet to a 2-1/2 inch metal post for | ||
| the Northwest corner and POINT OF BEGINNING of this tract. | ||
| THENCE: South 89°15'51" East along the North line of this tract for | ||
| a distance of 1329.80 feet to a point for the Northeast corner of | ||
| this tract. | ||
| THENCE: South 00°44'09" West along the East line of this tract for a | ||
| distance of 2982.46 feet to a point for an angle point in said East | ||
| line. | ||
| THENCE: South 19°20'00" West along the East line of this tract for a | ||
| distance of 1000.68 feet to a point for an angle point in said East | ||
| line. | ||
| THENCE: South 31°08'04" West along the East line of this tract for a | ||
| distance of 908.34 feet to a point in the North right-of-way line of | ||
| Evergreen Road (60 feet wide right-of-way) for the Southeast corner | ||
| of this tract. | ||
| THENCE: North 58°51'56" West along the Easternmost South line of | ||
| this tract and the North right-of-way line of Evergreen Road for a | ||
| distance of 409.49 feet to a 1/2 inch iron rod, with cap, for the | ||
| BEGINNING POINT of a curve to the right, concave Northeast. | ||
| THENCE: Along and around said curve, in a Northwesterly direction, | ||
| with the Easternmost South line of this tract of land and the | ||
| Northeast right-of-way line of Evergreen Road, said curve having a | ||
| central angle of 15°59'48", a radius of 789.20 feet, and a chord | ||
| bearing and distance of North 50°50'40" West 219.63 feet, for an arc | ||
| length of 220.34 feet to a 1/2 inch iron rod for the TERMINATION | ||
| POINT of said curve. | ||
| THENCE: North 42°52'16" West along the Easternmost South line of | ||
| this tract of land and the Northeast right-of-way line of Evergreen | ||
| Road for a distance of 685.33 feet to a 1/2 inch iron rod for the | ||
| BEGINNING POINT of a curve to the left, concave Southwest. | ||
| THENCE: Along and around said curve to the left, in a Northerly | ||
| direction, with the Easternmost South line of this tract of land and | ||
| the Northeast right-of-way line of Evergreen Road, said curve | ||
| having a central angle of 03°08'33", a radius of 6814.28 feet, and a | ||
| chord bearing and distance of North 44°27'42" West 373.68 feet, for | ||
| an arc length of 373.73 feet, to a 1/2 inch iron rod for the | ||
| TERMINATION POINT of said curve. | ||
| THENCE: North 46°00'58" West along the Easternmost South line of | ||
| this tract of land and the Northeast right-of-way line of Evergreen | ||
| Road for a distance of 531.26 feet to a 1/2 inch iron rod, with cap, | ||
| for the Southernmost Southwest corner of this tract of land and the | ||
| Southeast corner of an 80 acre tract of land conveyed to Bill W. | ||
| Nance by Alvie Wright Nance, by Deed dated October 22, 1996, and | ||
| recorded under County Clerk's File No. S210455 of the Official | ||
| Public Records of Real Property of Harris County, Texas. | ||
| THENCE: North 50°36'12" East along the Southernmost West line of | ||
| this tract of land and the East line of said 80 acre tract of land, | ||
| and at 2.37 feet pass a 4 inch pipe fence corner post, continuing | ||
| along said line and a barb wire fence a total distance of 536.04 | ||
| feet to a 2 inch iron pipe for an interior corner of this tract of | ||
| land and an angle corner of said 80 acre tract of land. | ||
| THENCE: North 54°45'13" West along the Westernmost South line of | ||
| this tract and an exterior line of said 80 acre tract, and along a | ||
| barb wire fence, for a distance of 293.16 feet to a 1/2 inch iron | ||
| rod, with cap, for the Westernmost Southwest corner of this tract. | ||
| THENCE: In a Northerly direction along the Northernmost West line | ||
| of this tract of land and the East line of said 80 acre tract of | ||
| land, and a barb wire fence line the following courses and | ||
| distances: | ||
| North 16°15'01" East for a distance of 1171.99 feet to a 2 inch | ||
| iron pipe; | ||
| North 43°11'17" East for a distance of 341.17 feet to a 2 inch | ||
| iron pipe; | ||
| North 18°00'45" East for a distance of 481.29 feet to a 1/2 | ||
| inch iron rod, with cap; | ||
| North 15°59'25" East for a distance of 927.59 feet to the | ||
| PLACE OF BEGINNING and containing within these boundaries 180.9042 | ||
| 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) Section 8318.106, Special District Local | ||
| Laws Code, as added by Section 1 of this Act, takes effect only if | ||
| this Act receives a two-thirds vote of all the members elected to | ||
| each house. | ||
| (b) If this Act does not receive a two-thirds vote of all the | ||
| members elected to each house, Subchapter C, Chapter 8318, Special | ||
| District Local Laws Code, as added by Section 1 of this Act, is | ||
| amended by adding Section 8318.106 to read as follows: | ||
| Sec. 8318.106. NO EMINENT DOMAIN POWER. The district may | ||
| not exercise the power of eminent domain. | ||
| (c) 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. Except as provided by Section 4 of this Act, this | ||
| Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 886 was passed by the House on April | ||
| 7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 886 was passed by the Senate on May | ||
| 21, 2011, by the following vote: Yeas 31, Nays 0 | ||
| . | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
