Bill Text: TX SB1906 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the creation of Fort Bend County Municipal Management District No. 1; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1906 Detail]
Download: Texas-2013-SB1906-Enrolled.html
S.B. No. 1906 |
|
||
relating to the creation of Fort Bend County Municipal Management | ||
District No. 1; granting a limited power of eminent domain; | ||
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 3927 to read as follows: | ||
CHAPTER 3927. FORT BEND COUNTY MUNICIPAL MANAGEMENT DISTRICT | ||
NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3927.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Houston. | ||
(3) "County" means Fort Bend County. | ||
(4) "Director" means a board member. | ||
(5) "District" means the Fort Bend County Municipal | ||
Management District No. 1. | ||
Sec. 3927.002. NATURE OF DISTRICT. The Fort Bend County | ||
Municipal Management District No. 1 is a special district created | ||
under Sections 52 and 52-a, Article III, and Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 3927.003. 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. | ||
(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. 3927.004. 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 district is created to accomplish the purposes of a | ||
municipal management district as provided by general law and | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
(d) 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. | ||
(e) 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; and | ||
(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. | ||
(f) 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. | ||
(g) 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. 3927.005. 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 bonds; | ||
(3) right to impose or collect an assessment or tax; or | ||
(4) legality or operation. | ||
Sec. 3927.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
(a) 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. | ||
(b) If the city creates a tax increment reinvestment zone | ||
described by Subsection (a), the city and the board of directors of | ||
the zone, by contract with the district, may grant money deposited | ||
in the tax increment fund to the district to be used by the district | ||
for the purposes permitted for money granted to a corporation under | ||
Section 380.002(b), Local Government Code, including the right to | ||
pledge the money as security for any bonds issued by the district | ||
for an improvement project. | ||
Sec. 3927.007. 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. 3927.051. GOVERNING BODY; TERMS. The district is | ||
governed by a board of five elected directors who serve staggered | ||
terms of four years, with two or three directors' terms expiring | ||
each even-numbered year. | ||
Sec. 3927.052. ELECTION DATE. The board shall hold an | ||
election for directors on the uniform election date in May in | ||
even-numbered years. | ||
Sec. 3927.053. ELIGIBILITY. To be qualified to serve as a | ||
director, a person must meet the qualifications prescribed by | ||
Section 375.063, Local Government Code. | ||
Sec. 3927.054. INITIAL VOTING 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 according to the most recent certified tax appraisal | ||
roll for the county may submit a petition to the Texas Commission on | ||
Environmental Quality requesting that the commission appoint as | ||
initial voting directors the five persons named in the petition. | ||
The commission shall appoint the five persons named in the petition | ||
as initial directors by position. | ||
(b) The initial directors appointed under Subsection (a) | ||
shall draw lots to determine which two directors shall serve until | ||
the first regularly scheduled election under Section 3927.052 and | ||
which three directors shall serve until the second regularly | ||
scheduled election under Section 3927.052. | ||
(c) Section 3927.051 does not apply to this section. | ||
(d) This section expires September 1, 2017. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3927.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3927.102. MUNICIPAL MANAGEMENT DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapter 375, Local Government | ||
Code, applicable to municipal management districts created under | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 3927.103. 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. 3927.104. UTILITY AND RECREATIONAL FACILITIES AND | ||
SERVICES AND ROADS PROHIBITED WITHOUT AGREEMENT. The district may | ||
not provide water, wastewater, or recreational facilities or | ||
services or roads to any land within both the district and a | ||
municipal utility district unless the district and the municipal | ||
utility district enter into a written agreement specifying the | ||
facilities and services to be provided by the district. | ||
Sec. 3927.105. AGREEMENTS; GRANTS. (a) As provided by | ||
Chapter 375, Local Government Code, the district may make an | ||
agreement with or accept a gift, grant, or loan from any person. | ||
(b) The implementation of a project is a governmental | ||
function or service for the purposes of Chapter 791, Government | ||
Code. | ||
Sec. 3927.106. ECONOMIC DEVELOPMENT. (a) The district may | ||
engage in activities that accomplish the economic development | ||
purposes of the district. | ||
(b) The district may establish and provide for the | ||
administration of one or more programs to promote state or local | ||
economic development and to stimulate business and commercial | ||
activity in the district, including programs to: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(c) The district may create economic development programs | ||
and exercise the economic development powers provided to | ||
municipalities by: | ||
(1) Chapter 380, Local Government Code; and | ||
(2) Subchapter A, Chapter 1509, Government Code. | ||
Sec. 3927.107. LIMITED EMINENT DOMAIN. The district may | ||
exercise the power of eminent domain only for the purposes, only to | ||
the extent, and subject to the limitations the general law provides | ||
for a municipal utility district under Chapter 49, Water Code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3927.151. 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. 3927.152. 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. 3927.153. 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. 3927.154. METHOD OF NOTICE OF HEARING. The district | ||
may mail the notice required by Section 375.115(c), Local | ||
Government Code, by certified or first class United States mail. | ||
The board shall determine the method of mailing notice. | ||
Sec. 3927.155. 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. | ||
Sec. 3927.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to the district. | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3927.201. 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 3927.203. | ||
(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) 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. 3927.202. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election held in accordance with Section 3927.201, the district may | ||
impose an operation and maintenance tax on taxable property in the | ||
district in accordance with Section 49.107, Water Code, for | ||
operation and maintenance purposes, 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. | ||
Sec. 3927.203. 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. 3927.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS | ||
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms | ||
determined by the board. | ||
(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. | ||
Sec. 3927.205. 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. 3927.206. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The Fort Bend County Municipal Management | ||
District No. 1 initially includes all territory contained in the | ||
following area: | ||
TRACT I: 168.478 ACRES | ||
Being a tract containing 168.478 acres of land located in the Jane | ||
Wilkins One League Grant, Abstract No. 96, Fort Bend County, Texas. | ||
Said 168.478 acres being that certain call 101.79 acre (Tract Two) | ||
tract of land recorded in the name of the State of Texas, for the use | ||
and benefit of the Permanent School Fund, under Fort Bend County | ||
Clerk's File (F.B.C.C.F.) No. 2004060103 and amended under | ||
2004075320, and that certain call 66.691 acre (Part Two) tract of | ||
land recorded in the name of the State of Texas, for the use and | ||
benefit of the Permanent School Fund, under F.B.C.C.F. No. | ||
2003023371 and corrected under 2008070584. Said 168.478 acres of | ||
land being more particularly described by metes and bounds as | ||
follows (Bearings are referenced to the aforementioned 101.79 | ||
acres): | ||
BEGINNING at the Northeast corner of said 101.79 acres, same being a | ||
point at the South line of said 66.691 acres, and said point being | ||
at the Westerly line of a call 97.179 acre (Parcel 9) tract of land | ||
for controlled access highway facility (Grand Parkway) recorded in | ||
the name of Texas Transportation Commission under F.B.C.C.F. No. | ||
9203043; | ||
THENCE, with said Westerly line, South 20 degrees 38 minutes 03 | ||
seconds East, a distance of 2201.52 feet to the Southeast corner of | ||
said 101.79 acres; | ||
THENCE, departing said Westerly line and with the South line of said | ||
101.79 acres, South 88 degrees 18 minutes 31 seconds West, a | ||
distance of 2,386.45 feet to the Southwest corner of said 101.79 | ||
acres, and said point being at the East line of a call 32.7 acre | ||
tract of land (Harlem Road, based on a width of 60 feet), recorded | ||
in the name of County of Fort Bend, Texas, in Volume 63, Page 203, of | ||
the Deed Records of Fort Bend County, Texas (F.B.C.D.R.); | ||
THENCE, with the East right-of-way line of said Harlem Road, North | ||
00 degrees 00 minutes 38 seconds East, a distance of 2,412.99 feet | ||
to the Northwest corner of said 101.79 acres; | ||
THENCE, with the North line of said 101.79 acres, North 89 degrees | ||
33 minutes 29 seconds East, a distance of 51.70 feet to the | ||
Southwest corner of said 66.691 acres, and said point being at the | ||
call East line of Harlem Road, based on a width of 71.5 feet; | ||
THENCE, with the West line of said 66.691 acres (Part Two) and the | ||
East line of said Harlem Road (71.5 feet width), North 00 degrees 23 | ||
minutes 59 seconds West, a distance of 3,160.51 feet; | ||
THENCE, with the North line of said 66.691 acres, North 68 degrees | ||
10 minutes 15 seconds East, a distance of 80.54 feet to the | ||
Southwesterly right-of-way line of the Grand Parkway; | ||
THENCE, with said Southwesterly right-of-way line, the following | ||
three (3) courses: | ||
1. 996.68 feet, with the arc of a non-tangent curve to the | ||
right having a radius of 2,664.79 feet and a central angle of 21 | ||
degrees 25 minutes 47 seconds, the chord of which curve bears South | ||
31 degrees 19 minutes 27 seconds East, a distance of 990.88 feet; | ||
2. South 20 degrees 44 minutes 11 seconds East, a distance | ||
of 2,809.53 feet to the Southeast corner of said 66.691 acres (Part | ||
Two); | ||
3. North 79 degrees 42 minutes 34 seconds West, a distance | ||
of 5.26 feet to the POINT OF BEGINNING and containing 168.478 acres | ||
of land, more or less. | ||
TRACT II: 883.195 | ||
Being a tract containing 883.195 acres of land located in the | ||
William Morton One and One-Half League Grant, Abstract No. 62, Fort | ||
Bend County, Texas. Said 883.195 acres being that certain call | ||
723.13 acre (Tract One) tract of land recorded in the name of the | ||
State of Texas, for the use and benefit of the Permanent School | ||
Fund, under Fort Bend County Clerk's File (F.B.C.C.F.) No. | ||
2004060103 and amended under 2004075320, LESS AND EXCEPT Fort Bend | ||
I.S.D. Middle School No. 14, a subdivision of 39.675 acres of land, | ||
according to the map or plat thereof recorded in Plat Number | ||
20100028 of the Plat Records of Fort Bend County, Texas | ||
(F.B.C.P.R.); and that certain call 274.505 acre (Part Three) tract | ||
of land recorded in the name of the State of Texas, for the use and | ||
benefit of the Permanent School Fund, under F.B.C.C.F. No. | ||
2003023371 and corrected under 2008070584, LESS AND EXCEPT Fort | ||
Bend Independent School District High School No. 10, a subdivision | ||
of 72.598 acres of land, according to the map or plat thereof | ||
recorded in Plat Record 20040219 of the F.B.C.P.R. Said 883.195 | ||
acres of land being more particularly described by metes and bounds | ||
as follows (Bearings are referenced to the aforementioned 723.13 | ||
acres): | ||
BEGINNING at the Northwest corner of said 274.505 acres on the South | ||
right-of-way line of Grand Parkway (width varies); | ||
THENCE, with the said South right-of-way line and North line of said | ||
274.05 acres, the following three (3) courses: | ||
1. South 83 degrees 50 minutes 18 seconds East, a distance | ||
of 1,730.90 feet; | ||
2. South 76 degrees 27 minutes 32 seconds East, a distance | ||
of 659.36 feet; | ||
3. 1,275.27 feet, with the arc of a non-tangent curve to the | ||
right having a radius of 2,664.79 feet and a central angle of 27 | ||
degrees 25 minutes 11 seconds, the chord of which curve bears South | ||
60 degrees 46 minutes 14 seconds East, a distance of 1,263.14 feet | ||
to the West line of a call 32.7 acre tract of land (Harlem Road, | ||
based on a width of 60 feet), recorded in the name of County of Fort | ||
Bend, Texas, in Volume 63, Page 203, of the Deed Records of Fort | ||
Bend County, Texas (F.B.C.D.R.); | ||
THENCE, with said West line, South 00 degrees 00 minutes 38 seconds | ||
West, a distance of 730.72 feet to the most Easterly Northeast | ||
corner of said Fort Bend Independent School District High School | ||
No. 10; | ||
THENCE, with the North and West lines of said Fort Bend Independent | ||
School District High School No. 10, the following six (6) courses: | ||
1. 603.53 feet, with the arc of a non-tangent curve to the | ||
left having a radius of 515.00 feet and a central angle of 67 | ||
degrees 08 minutes 42 seconds, the chord of which curve bears North | ||
33 degrees 33 minutes 43 seconds West, a distance of 569.58 feet; | ||
2. North 67 degrees 08 minutes 04 seconds West, a distance | ||
of 117.87 feet; | ||
3. South 67 degrees 51 minutes 56 seconds West, a distance | ||
of 35.36 feet; | ||
4. South 22 degrees 51 minutes 56 seconds West, a distance | ||
of 1,473.77 feet; | ||
5. 874.48 feet, with the arc of tangent curve to the left | ||
having a radius of 3,125.00 feet and a central angle of 16 degrees | ||
02 minutes 00 seconds, the chord of which curve bears South 14 | ||
degrees 50 minutes 56 seconds West, a distance of 871.63 feet to a | ||
point for tangency; | ||
6. South 06 degrees 49 minutes 56 seconds West, a distance | ||
of 950.82 feet to the Southwest corner of said Fort Bend Independent | ||
School District High School No. 10, same being the North line of | ||
said 723.13 acres; | ||
THENCE, with the said North line, North 89 degrees 33 minutes 29 | ||
seconds East, a distance of 1,364.95 feet to the Southeast corner of | ||
said Fort Bend Independent School District High School No. 10 and | ||
the Northeast corner of said 723.13 acres, and said point being at | ||
the West line of said 32.7 acres (Harlem Road, based on a width of 60 | ||
feet); | ||
THENCE, with said West line, South 00 degrees 00 minutes 38 seconds | ||
West, a distance of 2,414.30 feet; | ||
THENCE, departing said West line and with a residual tract of that | ||
certain call 5,656.65 acres recorded in the name of Harlem State | ||
Farm in Volume 152, Page 423, F.B.C.D.R., the following nine (9) | ||
courses: | ||
1. South 48 degrees 44 minutes 07 seconds West, a distance | ||
of 871.11 feet; | ||
2. North 83 degrees 16 minutes 57 seconds West, a distance | ||
of 2,068.09 feet; | ||
3. South 08 degrees 26 minutes 06 seconds West, a distance | ||
of 1,378.80 feet; | ||
4. South 88 degrees 03 minutes 39 seconds East, a distance | ||
of 941.67 feet; | ||
5. South 00 degrees 52 minutes 35 seconds East, a distance | ||
of 1,653.74 feet; | ||
6. South 88 degrees 40 minutes 44 seconds East, a distance | ||
of 567.92 feet; | ||
7. South 04 degrees 39 minutes 19 seconds West, a distance | ||
of 773.80 feet; | ||
8. South 86 degrees 41 minutes 04 seconds East, a distance | ||
of 743.55 feet; | ||
9. North 85 degrees 13 minutes 22 seconds East, a distance | ||
of 698.90 feet to the West line of said 32.7 acres (Harlem Road, | ||
based on a width of 60 feet); | ||
THENCE, with said West line, South 00 degrees 00 minutes 38 seconds | ||
West, a distance of 919.35 feet to the Northeast corner of said Fort | ||
Bend I.S.D. Middle School No. 14; | ||
THENCE, departing said West line and with the North line of said | ||
Fort Bend I.S.D. Middle School No. 14, South 89 degrees 41 minutes | ||
08 seconds West, a distance of 2,244.78 feet to the Northwest corner | ||
of said Fort Bend I.S.D. Middle School No. 14; | ||
THENCE, with the meandering West line of said Fort Bend I.S.D. | ||
Middle School No. 14, the following twelve (12) courses: | ||
1. South 46 degrees 22 minutes 05 seconds East, a distance | ||
of 228.92 feet; | ||
2. South 43 degrees 22 minutes 43 seconds East, a distance | ||
of 88.42 feet; | ||
3. South 40 degrees 33 minutes 56 seconds East, a distance | ||
of 79.87 feet; | ||
4. South 40 degrees 44 minutes 21 seconds East, a distance | ||
of 105.05 feet; | ||
5. South 42 degrees 39 minutes 34 seconds East, a distance | ||
of 49.64 feet; | ||
6. South 26 degrees 31 minutes 55 seconds East, a distance | ||
of 54.38 feet; | ||
7. South 17 degrees 07 minutes 29 seconds East, a distance | ||
of 79.10 feet; | ||
8. South 36 degrees 53 minutes 58 seconds East, a distance | ||
of 120.77 feet; | ||
9. South 37 degrees 41 minutes 44 seconds East, a distance | ||
of 99.95 feet; | ||
10. South 38 degrees 43 minutes 14 seconds East, a distance | ||
of 114.55 feet; | ||
11. South 36 degrees 00 minutes 18 seconds East, a distance | ||
of 89.56 feet; | ||
12. South 32 degrees 17 minutes 53 seconds East, a distance | ||
of 81.98 feet to the North right-of-way line of Plantation Drive | ||
(based on a width of 60 feet) as recorded in Volume 1848, Page 795, | ||
F.B.C.P.R., same being the South line of said 723.13 acres; | ||
THENCE, with said North right-of-way line and said South line, | ||
South 89 degrees 41 minutes 08 seconds West, a distance of 344.96 | ||
feet to the East line of Replat of Pecan Grove Plantation, Section | ||
Five (5), according to the map or plat thereof recorded in Slide | ||
685A and 685B, F.B.C.P.R.; | ||
THENCE, with the said East line, North 00 degrees 04 minutes 33 | ||
seconds West, a distance of 180.02 feet to the Northeast corner of | ||
said Section 5; | ||
THENCE, with the North line of said Section 5, South 89 degrees 39 | ||
minutes 00 seconds West, a distance of 1,695.40 feet to the most | ||
Easterly Southeast corner of Pecan Grove Plantation, Section Eight | ||
(8), according to the map or plat thereof recorded in Slide 643A and | ||
643B, F.B.C.P.R.; | ||
THENCE, with the East line of said Section 8 and Pecan Grove | ||
Plantation, Section Sixteen (16), according to the map or plat | ||
thereof recorded in Slide 1096B, F.B.C.P.R., and Pecan Grove | ||
Plantation, Section Twenty-Two (22), according to the map or plat | ||
thereof recorded in Slide 1247B, F.B.C.P.R., North 00 degrees 06 | ||
minutes 21 seconds East, a distance of 2,983.38 feet to the | ||
Northeast corner of said Section 22; | ||
THENCE, with the North line of said Section 22 and Pecan Grove | ||
Plantation, Section Twelve (12), according to the map or plat | ||
thereof recorded in Slide 1051A and 1051B, F.B.C.P.R., North 89 | ||
degrees 56 minutes 14 seconds West, a distance of 2,668.98 feet to | ||
the Northwest corner of said Section 12, same being a point at the | ||
East line of Pecan Grove Plantation, Section Nineteen (19), | ||
according to the map or plat thereof recorded in Slide 1052A and | ||
1052B, F.B.C.P.R.; | ||
THENCE, with the East line of said Section 19 and Grove, Section | ||
Eleven (11), according to the map or plat thereof recorded in Slide | ||
1015A and 1015B, and Grove, Section Six (6), according to the map or | ||
plat thereof recorded in Slide 631A and 631B, and Grove, Section | ||
Seven (7), according to the map or plat thereof recorded in Slide | ||
632A and 632B, and Grove, Section Eight (8), according to the map or | ||
plat thereof recorded in Slide 832A and 832B, North 00 degrees 05 | ||
minutes 34 seconds East, a distance of 2,944.38 feet; | ||
THENCE, with the South line of said Grove, Section 8, South 89 | ||
degrees 44 minutes 14 seconds East, passing the Southeast corner of | ||
said Grove, Section 8, and continuing for a total distance of | ||
2,690.34 feet; | ||
THENCE, with the West line of said 723.13 acres, North 00 degrees 31 | ||
minutes 29 seconds East, a distance of 3,562.67 feet to the | ||
Northwest corner of said 723.13 acres; | ||
THENCE, with said North line, North 89 degrees 01 minutes 49 seconds | ||
East, a distance of 12.19 feet to the Southwest corner of said | ||
274.505 acres; | ||
THENCE, with the West line of said 274.505 acres, the following | ||
three (3) courses: | ||
1. North 00 degrees 13 minutes 57 seconds East, a distance | ||
of 1,303.83 feet; | ||
2. North 00 degrees 18 minutes 44 seconds East, a distance | ||
of 1,320.37 feet; | ||
3. North 00 degrees 31 minutes 23 seconds East, a distance | ||
of 468.68 feet to the POINT OF BEGINNING and containing 883.195 | ||
acres of land, more or less. | ||
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 3927.107, 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 3927, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 3927.107 to read as follows: | ||
Sec. 3927.107. 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 Subsection (c), | ||
Section 17, Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1906 passed the Senate on | ||
May 8, 2013, by the following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1906 passed the House on | ||
May 22, 2013, by the following vote: Yeas 147, Nays 1, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |