Bill Text: TX HB2091 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the creation of the Fulshear Municipal Utility Districts Nos. 4, 5, and 6; 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: (Enrolled - Dead) 2015-06-18 - Effective on 9/1/15 [HB2091 Detail]

Download: Texas-2015-HB2091-Enrolled.html

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H.B. No. 2091

relating to the creation of the Fulshear Municipal Utility
Districts Nos. 4, 5, and 6; 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:
ARTICLE 1. CREATION OF MUNICIPAL UTILITY DISTRICTS
SECTION 1.01. Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter 8494 to read as follows:
CHAPTER 8494. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8494.001. 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 Fulshear Municipal Utility
District No. 4.
Sec. 8494.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8494.003. 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. 8494.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8494.003
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. 8494.005. 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. 8494.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2.01 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2.01
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. 8494.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8494.052, directors serve
staggered four-year terms.
Sec. 8494.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2015, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of the date
permanent directors are elected under Section 8494.003 or September
1, 2019.
(c) If permanent directors have not been elected under
Section 8494.003 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 8494.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8494.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8494.102. 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. 8494.103. 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. 8494.104. 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. 8494.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) Except as provided by this section, 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.
(b) Section 54.016(f), Water Code, does not apply to the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8494.151. 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 8494.153.
(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. 8494.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8494.151, 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. 8494.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8494.201. 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. 8494.202. 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. 8494.203. 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 1.02. Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter 8495 to read as follows:
CHAPTER 8495. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 5
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8495.001. 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 Fulshear Municipal Utility
District No. 5.
Sec. 8495.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8495.003. 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. 8495.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8495.003
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. 8495.005. 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. 8495.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2.02 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2.02
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.
Sec. 8495.007. ANNEXATION BY MUNICIPALITY. (a)
Notwithstanding any other law, if all of the territory of the
district is annexed by a municipality into the corporate limits of
that municipality before the date of the election under Section
8495.003, the district may not be dissolved and shall continue
until the district is dissolved under Section 43.074, Local
Government Code.
(b) Section 54.016(f), Water Code, does not apply to the
district.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8495.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8495.052, directors serve
staggered four-year terms.
Sec. 8495.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2015, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8495.003; or
(2) September 1, 2019.
(c) If permanent directors have not been elected under
Section 8495.003 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 8495.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8495.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8495.102. 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. 8495.103. LEVEE IMPROVEMENT DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapter 57, Water Code,
applicable to levee improvement districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8495.104. 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
inside or outside the district.
Sec. 8495.105. 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. 8495.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8495.151. 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 8495.153.
(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. 8495.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8495.151, 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. 8495.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8495.201. 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. 8495.202. 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. 8495.203. 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 1.03. Subtitle F, Title 6, Special District Local
Laws Code, is amended by adding Chapter 8496 to read as follows:
CHAPTER 8496. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 6
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8496.001. 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 Fulshear Municipal Utility
District No. 6.
Sec. 8496.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8496.003. 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. 8496.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT
AGREEMENT REQUIRED. The temporary directors may not hold an
election under Section 8496.003 until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has:
(1) consented by ordinance or resolution to the
creation of the district and to the inclusion of land in the
district; and
(2) entered into a development agreement under Section
212.172, Local Government Code, with the owners of the land
described by Section 2.03 of the Act enacting this chapter.
Sec. 8496.005. 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. 8496.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2.03 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2.03
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.
Sec. 8496.007. ANNEXATION BY MUNICIPALITY. (a)
Notwithstanding any other law, if all of the territory of the
district is annexed by a municipality into the corporate limits of
that municipality before the date of the election under Section
8496.003, the district may not be dissolved and shall continue
until the district is dissolved under Section 43.074, Local
Government Code.
(b) Section 54.016(f), Water Code, does not apply to the
district.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8496.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8496.052, directors serve
staggered four-year terms.
Sec. 8496.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2015, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8496.003; or
(2) September 1, 2019.
(c) If permanent directors have not been elected under
Section 8496.003 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 8496.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8496.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8496.102. 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. 8496.103. LEVEE IMPROVEMENT DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapter 57, Water Code,
applicable to levee improvement districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8496.104. 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
inside or outside the district.
Sec. 8496.105. 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. 8496.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8496.151. 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 8496.153.
(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. 8496.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8496.151, 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. 8496.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8496.201. 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. 8496.202. 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. 8496.203. 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.
ARTICLE 2. METES AND BOUNDS
SECTION 2.01. FULSHEAR MUNICIPAL UTILITY DISTRICT NO.
4. The Fulshear Municipal Utility District No. 4 initially
includes all the territory contained in the following area:
A Field Note Description of 227.024 Acres of Land, being the
same call 227.08 Acre Tract of Land (Volume 1376, Page 598; Deed
Records of Fort Bend County, Texas), and being out of the original
W.J. Walker, Jr. call 318.91 Acre Tract in the David Randon & I.
Pennington League, Abstract No. 75, Fort Bend County, Texas.
For Connection Begin at the Northeast corner of said David
Randon & I. Pennington League, Abstract No. 75; THENCE, Call South
00deg.22'30" West, 2653.0 feet to a 5/8 inch capped iron rod stamped
"1535-4035" set marking the Northeast corner of and place of
beginning for this tract;
THENCE, South 00deg.17'17" East, along a wire fence line,
2420.0 feet to a 1 inch iron pipe found marking the Southeast corner
of this tract;
THENCE, North 89deg.59'30" West, along the North line of the
ELLIS CATTLE COMPANY DIVISION (an unrecorded subdivision), at 297.6
feet pass a Seaway Pipeline (Enterprise), at 305.4 feet pass
another Seaway Pipeline (Enterprise), at 330.1 feet pass the Exxon
Pipeline, continuing along a fence line, at 3754.49 feet pass the
Phillips Pipeline, at 3860.19 feet pass a 1 inch iron pipe found in
the East right-of-way line of Bois D' Arc Lane (width varies), in
all 3888.0 feet to a point in the center of said Bois D' Arc Lane
marking the Southwest corner of this tract; said point also marks
the Northwest corner of the Pamela Carr call 7.036 Acre Tractc (FBC
2006054222)
THENCE, North 00drg.40'36" East, 2580.18 feet along a line is
said Bois D' Arc Lane to a point marking the Northwest corner of
this tract;
THENCE, South 89deg.59'38" East, at 30.26 feet pass a 1 inch
iron pipe found in the East right-of-way line of said Bois D'Arc
Lane, then along the South line of BOIS D'ARC ESTATE ACRES (an
unrecorded subdivision), in all 2769.04 feet to a 1 inch iron pipe
found marking an angle point;
THENCE, South 81deg.31'45" East, passing said Exxon Pipeline
and two Seaway Pipelines (Enterprise), 1088.2 feet to the place of
beginning and containing 227.024 Acres of Land, including 1.720
Acres in Bois d' Arc Lane, leaving a net of 225.304, Acres.
SECTION 2.02. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 5.
The Fulshear Municipal Utility District No. 5 initially includes
all the territory contained in the following area:
A FIELD NOTE DESCRIPTION of a 636.76 acre tract of land in the
D. Randon & I. Pennington Survey, Abstract No. 75, and in the
Churchill Fulshear Survey, Abstract No. 29, Fort Bend County,
Texas; said 636.76 acre tract being that same called 635.1725 acre
tract of land conveyed to Highland Management, Inc., as recorded in
Volume 1438, Page 632 of the Fort Bend County Deed Records; said
tract being more particularly described by metes-and-bounds as
follows with the bearings being based on Texas State Plane
Coordinate System, South Central Zone (NAD83) per GPS Observations
using National Geodetic Survey Continuously Operating Reference
Stations:
COMMENCING FOR REFERENCE at a fence post found for the
northeast corner of a called 514.321 acre tract conveyed to said
Highland Management, Inc., as recorded in Volume 801, Page 410 of
the Fort Bend County Deed Records;
THENCE, South 88° 42' 45" West - 40.00 feet with the north line
of said 514.321 acre tract to a fence post broken off at ground
level found for the southeast corner of a 200.013 acre tract of land
conveyed to Highland Management, Inc., as recorded in Volume 1089,
Page 165 of the Fort Bend County Deed Records;
THENCE, North 01° 12' 55" West - 1,244.75 feet with the west
right-of-way line of Montgomery Road and with the east line of said
200.013 acre tract to a 5/8-inch iron rod with cap stamped
"T.E.A.M." set for an angle point;
THENCE, North 04° 04' 05" West - 116.45 feet with the west
right-of-way line of Montgomery Road and with the east line of said
200.013 acre tract to a TXDOT monument disk found corner;
THENCE, South 87° 26' 43" West - 48.23 feet with the south line
of a tract of land conveyed to the County of Fort Bend, as recorded
in Volume 2205, Page 1910 of the Fort Bend County Deed Records to a
5/8- inch iron rod with cap stamped "T.E.A.M." set for corner;
THENCE, North 02° 33' 17" West with the west line of said
County of Fort Bend tract, at a distance of 213.19 feet pass a
5/8-inch iron rod with cap stamped "T.E.A.M." set and continuing
for a total distance of 414.35 feet to a point for a south corner and
POINT OF BEGINNING of this tract;
THENCE the following courses and distances with the north
line of Cottonwood Slough:
1.) North 32° 21' 49" West - 134.59 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set;
2.) In a northwesterly direction with a curve to the left
having a radius of 175.00 feet, a central angel of 44° 24' 58", a
length of 135.66 feet, and a chord bearing North 54° 52' 13" West -
132.29 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
3.) North 32° 39' 45" West - 177.53 feet to a 1-1/4-inch iron
pipe found;
THENCE the flowing courses and distances with a line parallel
to and approximately 200 feet north of the centerline of an existing
canal:
1.) In a southwesterly direction with a curve to the left
having a radius of 325.00 feet, a central angel of 38° 59' 02", a
length of 221.13 feet, and a chord bearing South 60° 28' 27" West -
216.89 feet to a 1-1/4- inch iron pipe found;
2.) South 41° 01' 32" West - 1,644.35 feet to a 1-1/4-inch
iron pipe found;
3.) In a westerly direction with a curve to the right having
a radius of 516.80 feet, a central angel of 61° 36' 54", a length of
555.76 feet, and a chord bearing South 71° 50' 37" West -529.36 feet
to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
4.) North 77° 20' 57" West - 288.00 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set;
5.) In a northwesterly direction with a curve to the right
having a radius of 771.50 feet, a central angel of 21° 11' 00", a
length of 285.24 feet, and a chord bearing North 66° 45' 27" West -
283.62 feet to a 1- 1/4-inch iron pipe found;
6.) North 56° 09' 57" West - 1,498.21 feet to a 1-1/4-inch
iron pipe found;
7.) In a northwesterly direction with a curve to the left
having a radius of 816.50 feet, a central angel of 13° 11' 30", a
length of 187.99 feet, and a chord bearing North 62° 35' 06" West -
187.57 feet to a 1-1/4- inch iron pipe found;
8.) North 69° 18' 32" West - 368.65 feet to a 1/2-inch iron
pipe found;
9.) North 72° 04' 49" West - 1,006.13 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set to replace a disturbed
1-1/4-inch iron pipe found for a southwest corner of this tract;
THENCE, North 01° 00' 37" West - 417.97 feet with the east line
of Gulf Coast Water Authority Pumping Station, as recorded in
Volume 138, Page 170 and Volume 121, Page 301 of the Fort Bend
County Deed Records to a 3/4-inch iron pipe found for an interior
corner of this tract;
THENCE, North 82° 42' 48" West -447.90 feet with the north
line of said Gulf Coast Water Authority Pumping Station to a
3/4-inch iron pipe found for an angle point of this tract;
THENCE, North 78° 57' 13" West with the north line of said Gulf
Coast Water Authority Pumping Station, at a distance of 485.02 feet
pass a 5/8-inch iron rod with cap stamped "T.E.A.M." set and
continuing for a total distance of 585.02 feet to a point for a west
corner of this tract;
THENCE, North 73° 20' 40" East -477.14 feet with the south
line of a tract of land conveyed to Transcontinental Gas Pipeline
Corporation, as recorded in Volume 272, Page 532 of the Fort Bend
County Deed Records, at a distance of 100 feet pass a 5/8-inch iron
rod with cap stamped "T.E.A.M." set and continuing for a total
distance of 477.14 feet to a 1/2-inch iron pipe found for an
interior corner of this tract;
THENCE, North 16° 39' 20" West - 150.00 feet with the east line
of said Transcontinental Gas Pipeline Corporation tract to a
5/8-inch iron rod with cap stamped "T.E.A.M." set for an interior
corner of this tract; from which a 1/2-inch iron pipe found bears
North 75° 16' 06" East -7.39 feet; also from which a 3/4-inch iron
pipe found bears North 75° 06' 23" West - 25.71 feet;
THENCE, South 73° 20' 40" West with the north line of said
Transcontinental Gas Pipeline Corporation tract, at a distance of
443.79 feet pass a 5/8-inch iron rod with cap stamped "T.E.A.M." set
and continuing for a total distance of 543.79 feet to a point in the
lowest bank of the Brazos River at the mature vegetation growth for
a southwest corner of this tract;
THENCE, the following two courses and distances along the
lowest bank of the Brazos River at the mature vegetation growth:
1.) North 28° 02' 36" West -416.20 feet to a point;
2.) North 22° 27' 03" West - 405.70 feet to a point in the
centerline of Fulshear Creek;
THENCE, with the centerline of said Fulshear Creek the
following twenty four courses and distances:
1.) North 05° 49' 46" East - 100.03 feet to a point;
2.) North 10° 15' 10" East - 49.43 feet to a point;
3.) North 01° 08' 50" West - 153.09 feet to a point;
4.) North 17° 00' 01" West - 61.41 feet to a point;
5.) North 26° 45' 17" West - 239.18 feet to a point;
6.) North 01° 17' 17" East - 113.22 feet to a point;
7.) North 24° 32' 42" East - 108.82 feet to a point;
8.) North 37° 42' 16" East - 136.42 feet to a point;
9.) North 56° 21' 03" East - 94.64 feet to a point;
10.) North 75° 04' 37" East - 115.64 feet to a point;
11.) North 58° 04' 04" East - 72.09 feet to a point;
12.) North 16° 14' 40" East - 41.14 feet to a point;
13.) North 06° 12' 56" West - 65.26 feet to a point;
14.) North 19° 51' 43" West - 35.03 feet to a point;
15.) North 29° 54' 57" West - 25.60 feet to a point;
16.) North 17° 09' 05" West - 64.07 feet to a point;
17.) North 07° 30' 33" West - 113.18 feet to a point;
18.) North 20° 21' 38" West - 145.53 feet to a point;
19.) North 23° 57' 03" West - 80.13 feet to a point;
20.) North 30° 00' 50" West - 152.00 feet to a point;
21.) North 19° 40' 07" West - 45.93 feet to a point;
22.) North 02° 27' 59" East - 92.84 feet to a point;
23.) North 05° 08' 30" West - 139.91 feet to a point;
24.) North 15° 23' 49" East - 67.42 feet to a point for a
northwest corner of this tract;
THENCE, North 89° 40' 14" East, at a distance of 159.51 feet
pass a car axle found and continuing for a total distance of 655.88
feet with the south line of a tract of land conveyed to Jeffrey
Jacob Schaatt, as recorded in Fort Bend County Clerk's File
No. 9440230 to a 5/8-inch iron rod with cap stamped "T.E.A.M." set
for an angle point of this tract;
THENCE, North 88° 58' 48" East - 633.16 feet with the south
line of a 9.44 acre tract, as surveyed by Charlie Kalkomey, RPLS
No. 1399, on October 16, 2003, to a flat iron bar found for an
interior corner of this tract;
THENCE, North 01° 31' 53" West - 451.97 feet with the east line
of said 9.44 acre tract to a 5/8-inch iron rod with cap stamped
"T.E.A.M." set for a northwest corner of this tract; from which a
3/4-inch iron pipe found bears North 68° 23' 31" East - 1.21 feet;
THENCE, North 68° 23' 31" East - 669.50 feet with the south
line of a 38.27 acre tract conveyed to Dan J. Harrison, Jr., as
recorded in Volume 512, Page 107 of the Fort Bend County Deed
Records to a 3/4-inch iron pipe found for an angle point of this
tract;
THENCE, North 69° 32' 30" East - 155.02 feet with the south
line of a 18.35 acre tract of land conveyed to Dan J. Harrison, Jr,
as recorded in Volume 512, Page 110 of the Fort Bend County Deed
Records and with the south line of a 2.83 acre tract of land
conveyed to Harrison Interests, Ltd., as recorded in Fort Bend
County Clerk's File No. 9669126 to a 3/4-inch iron pipe found for an
angle point of this tract;
THENCE, North 87° 47' 02" East - 378.33 feet with the south
line of said Harrison Interests, Ltd. tract and with the south line
of a 1.0 acre tract of land conveyed to Dan J. Harrison III, as
recorded in Fort Bend County Clerk's File No. 2007136540 to a
1-1/4-inch iron pipe found for a northeast corner of this tract;
THENCE, South 01° 35' 13" East with the west line of a tract of
land conveyed to Derrick B. Woods and Gloria Kelly, as recorded in
Fort Bend County Clerk's File No. 2007013056, at a distance of
750.90 feet pass a 3/4-inch iron pipe found and continuing for a
total distance of 1,478.13 feet with the west line of a tract of
land conveyed to Laura Monroe, as recorded in Fort Bend County
Clerk's File No. 2002085617 to a 5/8-inch iron rod with cap stamped
"T.E.A.M." set for an interior corner of this tract;
THENCE, North 88° 15' 42" East with the south line of said
Laura Monroe tract, at a distance of 654.48 feet pass a 5/8-inch
iron rod with cap stamped "1943 4349" found and continuing for a
total distance of 773.44 feet to a 5/8-inch iron rod with cap
stamped "1943 4349" found for a northeast corner of this tract; from
which a 1- 1/4-inch iron pipe found bears South 78° 16' 03" West -
6.68 feet;
THENCE, South 00° 48' 50" East - 905.14 feet with the west line
of a tract of land conveyed to Kimberly J. Renshaw, Trustee, as
recorded in Fort Bend County Clerk's File No. 2003116900 and as
surveyed by C. Tim Griffith, RPLS No. 4349 on December 09, 2002, to
a 5/8-inch iron rod with cap stamped "1048 4948" found for an
interior corner of this tract; from which a 1-1/4-inch iron pipe
found bears South 83° 55' 10" West - 15.65 feet;
THENCE, North 88° 14' 41" East - 529.27 feet with the south
line of said Kimberly J. Renshaw tract, as surveyed by said C. Tim
Griffith to a 5/8-inch iron rod found for an interior corner of this
tract; from which a 1- inch iron pipe found bears South 71° 00' 07"
West - 9.87 feet;
THENCE, North 00° 48' 32" West with the east line of said
Kimberly J. Renshaw tract, as surveyed by said C. Tim Griffith, at a
distance of 904.99 feet pass a 5/8-inch iron rod with cap stamped
"Kaluza" found and continuing for a total distance of 1,631.92 feet
to a 3/4-inch iron rod found for an angle point of this tract;
THENCE, North 00° 23' 13" West - 525.84 feet with the east line
of said Derrick B. Woods and Gloria Kelly tract to a 1-1/4-inch iron
pipe found in the south right-of-way line of Red Bird Lane for a
northwest corner of this tract;
THENCE, North 83° 40' 55" East - 627.27 feet with the south
right-of-way line of said Red Bird Lane to a 1-1/4-inch iron pipe
found for an angle point of this tract;
THENCE, North 80° 56' 53" East - 340.41 feet with the south
right-of-way line of said Red Bird Lane to a 3/4-inch iron pipe
found for an angle point of this tract;
THENCE, North 69° 57' 23" East - 213.19 feet with the south
right-of-way line of said Red Bird Lane to a 1-1/4-inch iron pipe
found for an angle point of this tract;
THENCE, North 88° 34' 50" East - 754.52 feet with the south
right-of-way line of said Red Bird Lane to a 1-1/4-inch iron pipe
found for a northeast corner of this tract; from which a 3/4-inch
iron pipe found bears North 13° 42' 36" East - 28.03 feet
THENCE, South 00° 49' 07" East - 152.65 feet to a point in
Cottonwood Slough for an interior corner of this tract;
THENCE, North 89° 11' 54" East - 516.40 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set for a northeast corner of this
tract;
THENCE, South 01° 11' 18" East - 178.00 feet with the west line
said Pleasant Hill Cemetery, as recorded in Fort Bend County
Clerk's File No. 2002098914 to a point in Cottonwood Creek for an
interior corner of this tract;
THENCE, North 83° 23' 44" East - 489.40 feet with the south
line of said Pleasant Hill Cemetery to a 1- 1/4-inch iron pipe found
for a northeast corner of this tract;
THENCE, South 00° 31' 15" East - 2,678.08 feet with the east
line of said 635.1725 acre tract and with the west right-of-way line
of Bois D'Arc Lane to a 1-1/4-inch iron pipe found for an angle
point of this tract;
THENCE, South 02° 20' 36" East feet with the east line of said
635.1725 acre tract and with the west right-of-way line of said Bois
D'Arc Lane, at a distance of 1,32.24 feet pass a 3/4-inch iron pipe
found and continuing for a total distance of 1,702.81 feet to a
TXDOT monument disk found for a southeast corner of this tract;
THENCE, South 87° 26' 43" West - 37.53 feet with the north line
of said County of Fort Bend tract to a TXDOT monument disk found for
an interior corner of this tract;
THENCE, South 02° 33' 17" East - 7.65 feet with the west line
of said County of Fort Bend tract to the POINT OF BEGINNING and
containing 636.76 acres
SECTION 2.03. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 6.
The Fulshear Municipal Utility District No. 6 initially includes
all the territory contained in the following area:
A FIELD NOTE DESCRIPTION of a 631.62 acre tract of land in the
D. Randon & I. Pennington Survey, Abstract No. 75, and in the
Churchill Fulshear Survey, Abstract No. 29, Fort Bend County,
Texas; said 631.62 acre tract being all of called 200.013 acre tract
of land conveyed to Highland Management, Inc., as recorded in
Volume 1089, Page 165 of the Fort Bend County Deed Records, and
being out of a called 514.321 acre tract of land conveyed to
Highland Management, Inc., as recorded in Volume 801, Page 410 of
the Fort Bend County Deed Records; said tract being more
particularly described by metes-and-bounds as follows with the
bearings being based on Texas State Plane Coordinate System, South
Central Zone (NAD83) per GPS Observations using National Geodetic
Survey Continuously Operating Reference Stations:
BEGINNING at a fence post found for the northeast corner of
said called 514.321 acre tract for a northeast corner of this tract;
THENCE, South 01° 42' 53" East - 5,953.33 feet with the east
line of said 514.321 acre tract to a point for a southeast corner of
this tract; from which a 5/8-inch iron rod with cap stamped
"T.E.A.M." set bears South 01° 42' 53" East - 1,411.13 feet;
THENCE, South 89° 17' 07" West - 1,992.07 feet to a point in
the lowest bank of the Brazos River at the mature vegetation growth
for the southwest corner of this tract;
THENCE, the following courses and distances along the lowest
bank of the Brazos River at the mature vegetation growth:
1. North 03° 11' 41" West - 430.76 feet;
2. North 06° 04' 31" East - 26.26 feet;
3. North 12° 54' 35" West - 565.76 feet;
4. North 22° 25' 36" West - 644.88 feet;
5. North 27° 40' 58" West - 307.69 feet;
6. North 29° 38' 28" West - 437.35 feet;
7. North 31° 48' 49" West - 627.73 feet;
8. North 38° 31' 29" West - 562.58 feet;
9. North 46° 01' 27" West - 449.81 feet;
10. North 45° 15' 08" West - 697.67 feet;
11. North 48° 07' 57" West - 497.49 feet;
12. North 50° 57' 15" West - 593.34 feet;
13. North 68° 49' 05" West - 424.90 feet;
14. North 53° 29' 12" West - 562.34 feet;
15. North 34° 16' 18" West - 808.37 feet;
16. North 15° 44' 19" West - 467.54 feet to a point for a
northwest corner of this tract;
THENCE, North 87° 31' 50" East - 1,007.16 feet with the south
line of a Gulf Coast Water Authority Pumping Station, as recorded in
Volume 138, Page 170 and Volume 121, Page 301 of the Fort Bend
County Deed Records to a 3/4-inch iron pipe found for an interior
corner of this tract;
THENCE, North 03° 56' 57" West - 625.49 feet with the east line
of said Gulf Coast Water Authority Pumping Station and with the west
line of said 200.013 acre tract to a 3/4-inch iron pipe found for an
angle point of this tract;
THENCE, North 05° 00' 40" West - 776.08 feet with the east line
of said Gulf Coast Water Authority Pumping Station and with the west
line of said 200.013 acre tract to a point in a 54-inch pecan tree
for an angle point of this tract;
THENCE, North 17° 29' 55" East - 43.79 feet with the east line
of said Gulf Coast Water Authority Pumping Station and with the west
line of said 200.013 acre tract to a fence post found for an angle
point of this tract;
THENCE, North 00° 21' 32" West - 46.08 feet with the east line
of said Gulf Coast Water Authority Pumping Station and with the west
line of said 200.013 acre tract to a 5/8-inch iron rod with cap
stamped "T.E.A.M." set for a northwest corner of this tract; from
which a 1/2-inch iron pipe found bears South 00° 21' 32" East - 7.66
feet;
THENCE, the following ten courses and distances with a line
parallel to and approximately 50 feet south of the centerline of an
existing canal:
1.) South 72° 04' 49" East - 894.48 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set;
2.) South 69° 18' 32" East - 362.30 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set;
3.) In a southeasterly direction with a curve to the right
having a radius of 566.50 feet, a central angle of 13° 12' 05", a
length of 130.53 feet and a chord bearing South 62° 33' 16" East -
130.24 feet;
4.) South 56° 09' 57" East - 1,498.63 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set;
5.) In a southeasterly direction with a curve to the left
having a radius of 1,021.50 feet, a central angle of 21° 11' 00", a
length of 377.67 feet and a chord bearing South 66° 45' 27" East -
375.52 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
6.) South 77° 20' 57" East - 288.00 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set;
7.) In a northeasterly direction with a curve to the left
having a radius of 766.80 feet, a central angle of 61° 38' 12", a
length of 824.90 feet and a chord bearing North 71° 49' 58" East -
785.69 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
8.) North 41° 01' 32" East - 1,644.40 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set;
9.) In an easterly direction with a curve to the right
having a radius of 75.00 feet, a central angle of 106° 36' 38", a
length of 139.55 feet and a chord bearing South 85° 40' 08" East -
120.27 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
10.) South 32° 21' 49" East - 308.27 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set for an angle point;
THENCE, South 02° 33' 17" East - 213.19 feet with the west line
of a tract of land conveyed to the County of Fort Bend, as recorded
in Volume 2205, Page 1910 of the Fort Bend County Deed Records to a
5/8-inch iron rod with cap stamped "T.E.A.M."'set for an interior
corner of this tract;
THENCE, North 87° 26' 43" East - 48.23 feet to a TXDOT disk
found for a northeast corner of this tract;
THENCE, South 04° 04' 05" East - 116.45 feet with the east line
of said 200.013 acre tract and with the west right-of-way line
Montgomery Road to a 5/8-inch iron rod with cap stamped "T.E.A.M."
set for an angle point of this tract;
THENCE, South 01° 12' 55" East - 1,244.75 feet with the east
line of said 200.013 acre tract and with the west right-of-way line
Montgomery Road to a fence post broken off at ground level found for
the southeast corner of said 200.013 acre tract and for an interior
corner of this tract;
THENCE, North 88° 42' 45" East - 40.00 feet with the north line
of said 514.321 acre tract to the POINT OF BEGINNING and containing
631.62 acres of land.
ARTICLE 3. LEGAL NOTICE, EMINENT DOMAIN, AND EFFECTIVE DATE
SECTION 3.01. (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 3.02. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8494, Special District Local Laws Code, as added by Section 1.01 of
this Act, is amended by adding Section 8494.106 to read as follows:
Sec. 8494.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 3.03. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8495, Special District Local Laws Code, as added by Section 1.02 of
this Act, is amended by adding Section 8495.107 to read as follows:
Sec. 8495.107. 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 3.04. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8496, Special District Local Laws Code, as added by Section 1.03 of
this Act, is amended by adding Section 8496.107 to read as follows:
Sec. 8496.107. 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 3.05. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2091 was passed by the House on April
30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2091 was passed by the Senate on May
27, 2015, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor