Bill Text: TX HB5395 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Fort Bend County Water Control and Improvement District No. 11; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-11 - Effective immediately [HB5395 Detail]
Download: Texas-2023-HB5395-Introduced.html
Bill Title: Relating to the creation of the Fort Bend County Water Control and Improvement District No. 11; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-11 - Effective immediately [HB5395 Detail]
Download: Texas-2023-HB5395-Introduced.html
88R21715 SCP-F | ||
By: Lalani | H.B. No. 5395 |
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relating to the creation of the Fort Bend County Water Control and | ||
Improvement District No. 11; granting a limited power of eminent | ||
domain; providing authority to issue bonds; providing authority to | ||
impose assessments, fees, and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle I, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 9064 to read as follows: | ||
CHAPTER 9064. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT | ||
DISTRICT NO. 11 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9064.0101. 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 Fort Bend County Water | ||
Control and Improvement District No. 11. | ||
Sec. 9064.0102. NATURE OF DISTRICT. The district is a water | ||
control and improvement district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 9064.0103. CONFIRMATION AND DIRECTOR ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 9064.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
9064.0103 until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district as required by | ||
applicable law. | ||
Sec. 9064.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a water control and improvement district as | ||
provided by general law and Section 59, Article XVI, Texas | ||
Constitution, with respect to the gathering, conducting, | ||
diverting, and control of local storm water or other harmful | ||
excesses of water; 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. 9064.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 9064.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 9064.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 9064.0202. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district may submit a petition to the commission requesting that | ||
the commission appoint as temporary directors the five persons | ||
named in the petition. The commission shall appoint as temporary | ||
directors the five persons named in the petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 9064.0103; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 9064.0103 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 9064.0103; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 9064.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 9064.0302. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS AND DUTIES. (a) The district has the powers and duties | ||
provided by the general law of this state applicable to water | ||
control and improvement districts created under Section 59, Article | ||
XVI, Texas Constitution, including Chapters 49 and 51, Water Code, | ||
and specifically including the powers and duties authorized under | ||
Subchapter H, Chapter 51, Water Code. | ||
(b) Notwithstanding any other law, the district may not | ||
construct, finance, own, or operate facilities necessary to provide | ||
water or sanitary sewer services. | ||
Sec. 9064.0303. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 9064.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 9064.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCE OR RESOLUTION. The district shall comply with all | ||
applicable requirements of any ordinance or resolution that is | ||
adopted under Section 42.042 or 42.0425, Local Government Code, and | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
Sec. 9064.0306. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
district may not exercise the power of eminent domain outside the | ||
district boundaries to acquire a site or easement for: | ||
(1) a road project authorized by Section 9064.0303; or | ||
(2) a recreational facility as defined by Section | ||
49.462, Water Code. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9064.0401. 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 9064.0403. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 51, 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. 9064.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 9064.0401, 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. 9064.0403. 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. 9064.0501. 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. 9064.0502. 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 Chapter 51, Water Code. | ||
Sec. 9064.0503. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
Sec. 9064.0504. BONDS FOR RECREATIONAL FACILITIES. (a) | ||
The district may develop recreational facilities and issue bonds | ||
for recreational facilities as provided by Chapter 49, Water Code, | ||
regardless of whether the district's territory overlaps with the | ||
territory of a political subdivision that is authorized to develop | ||
recreational facilities and issue bonds for recreational | ||
facilities under Chapter 49, Water Code. | ||
(b) The authority of the district to develop recreational | ||
facilities and issue bonds for recreational facilities under this | ||
section does not limit the authority of another political | ||
subdivision whose territory the territory of the district may | ||
overlap, wholly or partly, to develop recreational facilities and | ||
issue bonds for recreational facilities under Chapter 49, Water | ||
Code. | ||
SECTION 2. The Fort Bend County Water Control and | ||
Improvement District No. 11 initially includes all the territory | ||
contained in the following area: | ||
Being a 721.9 acre tract of land (Tract A) located in the W. | ||
Morton Survey, A-62, an 812.1 acre tract of land (Tract B), a 79.97 | ||
acre tract of land (Tract C) and a 3.019 acre tract of land (Tract D) | ||
located in the J. Wilkins Survey, A-96 and the J.H. Cartwright | ||
Survey, A-16 in Fort Bend County, Texas; said 721.9 acre tract being | ||
all of the remainder of "TRACT 3" (called 575.744 acres) and all of | ||
"TRACT 4" (called 49.1434 acres) recorded in Clerk's File Number | ||
9632563 of the Official Records of Fort Bend County (O.R.F.B.C.), | ||
all of a called 103.039 acre tract of land recorded as "TRACT THREE" | ||
in Clerk's File Number 2018058651 of the O.R.F.B.C., and all of the | ||
remainder of a called 19.4224 acre tract of land recorded in Clerk's | ||
File Number 2002071030 of the O.R.F.B.C.; said 812.1 acre tract | ||
being all of a called 317.812 acre tract of land and all of a called | ||
186.183 acre tract of land recorded in Clerk's File Number | ||
2018058651 of the O.R.F.B.C., and all of "TRACT 9" (called 307.968 | ||
acres) recorded in Clerks File Number 9632563 of the O.R.F.B.C., | ||
said 79.97 acre tract being all of a called 79.967 acre tract of | ||
land recorded in Clerk's File Number 2018058651 of the O.R.F.B.C., | ||
and said 3.019 acre tract being all of a called 3.019 acre tract of | ||
land recorded in Clerk's File Number 2018058651 of the O.R.F.B.C.; | ||
said tracts being more particularly described by metes and bounds | ||
as follows (all bearings are based on the Texas Coordinate System, | ||
South Central Zone): | ||
TRACT "A": 721.9 ACRES | ||
Beginning at a 5/8-inch iron rod found for the northwest | ||
corner of said 575.744 acre tract and the southwest corner of | ||
Plantation Crossing, a subdivision recorded in Slide Number 2047A | ||
of the Fort Bend County Plat Records (F.B.C.P.R.), same being on the | ||
east line of the Replat of Pecan Grove Plantation Section 5, a | ||
subdivision recorded in Slide Number 685A of the F.B.C.P.R.; | ||
1. Thence, with the common line of said 575.744 acre tract | ||
and said Plantation Crossing and the south line of Reserve "B-2" of | ||
Plantation Crossing Subdivision Partial Replat No. 1 of | ||
Unrestricted Reserve "B", a subdivision recorded in Plat Number | ||
20100032 of the F.B.C.P.R., North 87 degrees 38 minutes 06 seconds | ||
East, a distance of 1,888.98 feet to a 5/8-inch iron rod (bent) | ||
found at the northeast corner of said 575.744 acre tract and the | ||
southeast corner of said Plantation Crossing, same being on the | ||
west Right-of-Way (R.O.W.) line of Harlem Road (width | ||
varies-minimum 140-feet wide) as recorded in Volume 63, Page 203 of | ||
the Fort Bend County Deed Records (F.B.C.D.R.) and in Clerk's File | ||
Numbers 2010100611, 2011015402 and 2011015403 of the O.R.F.B.C.; | ||
Thence, with said west R.O.W. line, the following four (4) | ||
courses: | ||
2. South 03 degrees 26 minutes 34 seconds East, a distance | ||
of 1,780.95 feet to a 5/8-inch iron rod with cap stamped "COSTELLO | ||
INC" set; | ||
3. South 02 degrees 54 minutes 24 seconds East, a distance | ||
of 599.47 feet to a 5/8-inch iron rod with cap stamped "LANDTECH" | ||
found; | ||
4. South 02 degrees 21 minutes 25 seconds East, a distance | ||
of 329.14 feet to a 5/8-inch iron rod with cap stamped "LANDTECH" | ||
found; | ||
5. South 02 degrees 07 minutes 07 seconds East, a distance | ||
of 2,791.77 feet to a 3/4-inch iron rod with cap stamped "WEISSER | ||
ENG" found at the northeast corner of a called 2.817 acre tract of | ||
land recorded in Clerk's File Number 2021161425 of the O.R.F.B.C.; | ||
6. Thence, with the north line of said 2.817 acre tract, | ||
South 87 degrees 51 minutes 34 seconds West, a distance of 875.94 | ||
feet to a 3/4-inch iron rod with cap stamped "WEISSER ENG" found at | ||
the northwest corner of said 2.817 acre tract, same being on the | ||
east line of aforesaid 103.039 acre tract; | ||
7. Thence, with the common line of said 2.817 acre tract and | ||
said 103.039 acre tract, South 01 degrees 46 minutes 00 seconds | ||
East, a distance of 139.87 feet to a 1/2-inch iron rod found at the | ||
southwest corner of said 2.817 acre tract and the northwest corner | ||
of a called 10.00 acre tract of land recorded in Volume 2491, Page | ||
256 of the F.B.C.D.R.; | ||
8. Thence, with the common line of said 103.039 acre tract | ||
and said 10.00 acre tract, South 01 degrees 53 minutes 54 seconds | ||
East, a distance of 496.44 feet to a 1-inch iron pipe found at the | ||
southwest corner of said 10.00 acre tract and the northwest corner | ||
of aforesaid 49.1434 acre tract; | ||
9. Thence, with the common line of said 10.00 acre tract and | ||
said 49.1434 acre tract, North 87 degrees 52 minutes 26 seconds | ||
East, a distance of 878.71 feet to a 5/8-inch iron rod found at the | ||
southeast corner of said 10.00 acre tract and the northeast corner | ||
of said 49.1434 acre tract, same being on the west R.O.W. line of | ||
aforesaid Harlem Road; | ||
10. Thence, with said west R.O.W. line, South 02 degrees 07 | ||
minutes 07 seconds East, a distance of 2,470.38 feet to a 5/8-inch | ||
iron rod with cap stamped "WINDROSE" found at the southeast corner | ||
of said 49.1434 acre tract and the northeast corner of a called | ||
6.170 acre tract of land recorded in Clerk's File Number 2013073107 | ||
of the O.R.F.B.C.; | ||
11. Thence, with the common line of said 49.1434 acre tract | ||
and said 6.170 acre tract and with the north line of the remainder | ||
of a called 6.555 acre tract of land recorded in Clerk's File Number | ||
2008022579 of the O.R.F.B.C., South 87 degrees 54 minutes 25 | ||
seconds West, a distance of 887.56 feet to a 3-inch iron pipe found | ||
at the southwest corner of said 49.1434 acre tract and the northwest | ||
corner of said 6.555 acre tract, same being on the east line of | ||
aforesaid 103.039 acre tract; | ||
12. Thence, with the common line of said 103.039 acre tract | ||
and said 6.555 acre tract and with the west line of said 6.170 acre | ||
tract, South 01 degrees 54 minutes 40 seconds East, a distance of | ||
372.49 feet to a 3/4-inch iron rod found at the southeast corner of | ||
said 103.039 acre tract and the southwest corner of said 6.170 acre | ||
tract, same being on the north line of the Union Pacific Railroad | ||
tract (100-feet wide) as recorded in Volume 15, Page 218, Volume 59, | ||
Page 315, Volume 64, Page 182 and Volume 95, Page 24 of the | ||
F.B.C.D.R; | ||
13. Thence, with the common line of said Railroad tract and | ||
said 103.039 acre tract and with the south line of aforesaid 575.744 | ||
acre tract, South 81 degrees 27 minutes 29 seconds West, a distance | ||
of 5,473.20 feet to a 1-inch iron pipe found on the east R.O.W. line | ||
of Pitts Road (width varies) as recorded in Clerk's File Number | ||
9509356 of the O.R.F.B.C.; | ||
14. Thence, with said east R.O.W. line, North 02 degrees 09 | ||
minutes 49 seconds West, a distance of 3,187.67 feet to a 1-inch | ||
iron pipe (bent) found on the common line of aforesaid 575.744 acre | ||
tract and a called 39.8846 acre tract of land recorded in Volume | ||
2166, Page 1939 of the O.R.F.B.C.; | ||
15. Thence, with said common line, North 89 degrees 03 | ||
minutes 34 seconds East, a distance of 1,465.14 feet to a 1-inch | ||
iron pipe found at the southeast corner of said 39.8846 acre tract | ||
and the southwest corner of a called 4.6051 acre tract of land | ||
recorded in Clerk's File Number 2005101569 of the O.R.F.B.C.; | ||
16. Thence with the common line of said 575.744 acre tract | ||
and said 4.6051 acre tract and with the south line of a called | ||
3.7506 acre tract of land and a called 3.7803 acre tract of land | ||
also recorded in Clerk's File Number 2005101569 of the O.R.F.B.C., | ||
North 88 degrees 53 minutes 30 seconds East, a distance of 759.44 | ||
feet to a 1-inch iron pipe found at the southeast corner of said | ||
3.7803 acre tract and the southwest corner of The Grove Section 5, a | ||
subdivision recorded in Slide Number 554A of the F.B.C.P.R.; | ||
17. Thence, with the common line of said subdivision and | ||
said 575.744 acre tract and with the south line of a called 22.0959 | ||
acre tract of land recorded in Clerk's File Number 2015102372 of the | ||
O.R.F.B.C., North 88 degrees 51 minutes 35 seconds East, a distance | ||
of 1,637.79 feet to a 5/8-inch iron rod with cap stamped "COTTON | ||
SURVEYING" found at the southeast corner of said 22.0959 acre | ||
tract; | ||
Thence, with the east line of said 22.0959 acre tract, the | ||
following three (3) courses: | ||
18. North 02 degrees 37 minutes 41 seconds West, a distance | ||
of 4,075.39 feet to a 5/8-inch iron rod with cap stamped "COSTELLO | ||
INC" set; | ||
19. North 87 degrees 13 minutes 51 seconds East, a distance | ||
of 599.62 feet to a 5/8-inch iron rod with cap found; | ||
20. North 03 degrees 14 minutes 20 seconds West, a distance | ||
of 513.53 feet to a 1/2-inch iron pipe found at the northeast corner | ||
of said 22.0959 acre tract and the southeast corner of Pecan Grove | ||
Plantation Section 4, a subdivision recorded in Volume 27, Page 6 of | ||
the F.B.C.P.R., same being on the west line of aforesaid 575.744 | ||
acre tract; | ||
21. Thence, with the common line of said 575.744 acre tract | ||
and said subdivision and with the east line of aforesaid Pecan Grove | ||
Plantation Section 5, North 02 degrees 52 minutes 04 seconds West, a | ||
distance of 1,872.48 feet to the Point of Beginning and containing | ||
721.9 acres of land. | ||
TRACT B: 812.1 ACRES | ||
Beginning at a 5/8-inch iron rod found for the northwest | ||
corner of aforesaid 317.812 acre tract and the southwest corner of a | ||
called 145.368 acre tract of land recorded in Clerk's File Number | ||
2017087205 of the O.R.F.B.C., same being on the east R.O.W. line of | ||
aforesaid Harlem Road; | ||
1. Thence, with the north line of said 317.812 acre tract, | ||
the north line of aforesaid 307.968 acre tract, the north line of | ||
aforesaid 186.183 acre tract, the south line of said 145.368 acre | ||
tract and the south line of a called 143.287 acre tract recorded in | ||
said Clerk's File Number 2017087205 of the O.R.F.B.C., North 86 | ||
degrees 48 minutes 57 seconds East, a distance of 6,884.55 feet to a | ||
5/8-inch iron rod found at the northeast corner of said 186.183 acre | ||
tract and the southeast corner of said 143.287 acre tract, same | ||
being on the west R.O.W. line of the Grand Parkway (Highway 99) | ||
(width varies) as recorded in Clerk's File Number 9830483 of the | ||
O.R.F.B.C.; | ||
Thence, with said west R.O.W. line, the following six (6) | ||
courses: | ||
2. South 42 degrees 12 minutes 55 seconds East, a distance | ||
of 228.10 feet to a TXDOT Disc found; | ||
3. 1,560.21 feet along the arc of a curve to the right, said | ||
curve having a central angle of 16 degrees 01 minutes 18 seconds, a | ||
radius of 5,579.59 feet and a chord that bears South 34 degrees 12 | ||
minutes 17 seconds East, a distance of 1,555.13 feet to TXDOT Disc | ||
found; | ||
4. South 26 degrees 11 minutes 38 seconds East, a distance | ||
of 788.16 feet to a 1/2-iron rod found; | ||
5. South 88 degrees 31 minutes 13 seconds West, a distance | ||
of 66.04 feet to a TXDOT Disc found; | ||
6. South 26 degrees 12 minutes 25 seconds East, a distance | ||
of 1,235.45 feet to a TXDOT Disc found; | ||
7. South 17 degrees 52 minutes 00 seconds East, at a | ||
distance of 560.55 feet passing a 5/8-inch iron rod with cap found | ||
and continuing for a total distance of 621.35 feet to the southeast | ||
corner of aforesaid 186.183 acre tract, same being on the north line | ||
of aforesaid Union Pacific Railroad (75-feet wide) as recorded in | ||
Volume 15, Page 218, Volume 59, Page 315, Volume 59, Page 183 and | ||
Volume 95, Page 24 of the F.B.C.D.R; | ||
8. Thence, with the common line of said 186.183 acre tract | ||
and said Railroad tract and with the south line of aforesaid 307.968 | ||
acre tract and aforesaid 317.812 acre tract, South 81 degrees 27 | ||
minutes 54 seconds West, a distance of 8,839.89 feet to a 5/8-inch | ||
iron rod with cap stamped "COSTELLO INC" set for the southwest | ||
corner of said 317.812 acre tract, being on the east R.O.W. line of | ||
aforesaid Harlem Road; | ||
9. Thence, with said east R.O.W. line, North 02 degrees 07 | ||
minutes 07 seconds West, a distance of 4,796.72 feet to the Point of | ||
Beginning and containing 812.1 acres of land. | ||
TRACT C: 79.97 ACRES | ||
Beginning at the northwest corner of aforesaid 79.967 acre | ||
tract and the southwest corner of Windsor Estates Sec 3, a | ||
subdivision recorded in Plat Number 20140040 of the F.B.C.P.R., | ||
same being on the northeasterly R.O.W. line of aforesaid Grand | ||
Parkway, from which a 5/8-inch iron rod found bears S58°28'30"E ~ | ||
0.60'; | ||
1. Thence, with the north line of said 79.967 acre tract, | ||
the south line of said Sec 3 and the south line of Windsor Estates | ||
Sec 1, a subdivision recorded in Plat Number 20130085 of the | ||
F.B.C.P.R., North 86 degrees 48 minutes 57 seconds East, a distance | ||
of 2,061.83 feet to a 5/8-inch iron rod with cap stamped "COSTELLO | ||
INC" set at the northeast corner of said 79.967 acre tract, same | ||
being on the west R.O.W. line of F.M. 1464 (width varies) as | ||
recorded in Clerk's File Numbers 2010065925, 2010067366 and | ||
2010054458 of the O.R.F.B.C.; | ||
Thence, with said west R.O.W. line, the following eight (8) | ||
courses: | ||
2. South 02 degrees 29 minutes 10 seconds East, a distance | ||
of 1,931.46 feet to a 5/8-inch iron rod found; | ||
3. South 87 degrees 34 minutes 52 seconds West, a distance | ||
of 238.37 feet to a 5/8-inch iron rod found (bent); | ||
4. South 02 degrees 28 minutes 00 seconds East, a distance | ||
of 373.47 feet to a TXDOT Disc found; | ||
5. South 58 degrees 47 minutes 14 seconds East, a distance | ||
of 204.28 feet to a 5/8-inch iron rod with cap (bent) found; | ||
6. South 02 degrees 27 minutes 37 seconds East, a distance | ||
of 318.23 feet to a 5/8-inch iron rod found; | ||
7. South 25 degrees 12 minutes 50 seconds East, a distance | ||
of 137.03 feet to a 5/8-inch iron rod with cap stamped "COSTELLO | ||
INC" set; | ||
8. South 02 degrees 27 minutes 37 seconds East, a distance | ||
of 64.38 feet to a 5/8-inch iron rod found that bears S61°52'50"E ~ | ||
1.0'; | ||
9. 483.56 feet along the arc of a curve to the right, said | ||
curve having a central angle of 65 degrees 11 minutes 24 seconds, a | ||
radius of 425.00 feet and a chord that bears South 48 degrees 38 | ||
minutes 51 seconds West, a distance of 457.89 feet to the east | ||
R.O.W. line of aforesaid Grand Parkway, from which a TXDOT Disc | ||
found bears N77°48'02"E ~ 0.7'; | ||
Thence, with the east R.O.W. line of said Grand Parkway, the | ||
following four (4) courses: | ||
10. North 26 degrees 12 minutes 25 seconds West, a distance | ||
of 1,046.40 feet to a TXDOT Disc found; | ||
11. South 88 degrees 31 minutes 13 seconds West, a distance | ||
of 44.09 feet to a TXDOT Disc found; | ||
12. North 26 degrees 11 minutes 38 seconds West, a distance | ||
of 926.23 feet to a TXDOT Disc found; | ||
13. 1,629.01 feet along the arc of a curve to the left, said | ||
curve having a central angle of 15 degrees 52 minutes 28 seconds, a | ||
radius of 5,879.59 feet and a chord that bears North 34 degrees 07 | ||
minutes 52 seconds West, a distance of 1,623.81 feet to the Point of | ||
Beginning and containing 79.97 acres of land. | ||
TRACT D: 3.019 ACRES | ||
Beginning at a TXDOT Disc found for at north end of a cutback | ||
at the intersection of the southeast R.O.W. line of aforesaid F.M. | ||
1464 with the east R.O.W. line of aforesaid Grand Parkway and being | ||
a northwest corner of aforesaid 3.019 acre tract; | ||
Thence, with the southeast R.O.W. line of said F.M. 1464, the | ||
following seven (7) courses: | ||
1. 294.49 feet along the arc of a curve to the left, said | ||
curve having a central angle of 30 degrees 46 minutes 40 seconds, a | ||
radius of 548.22 feet and a chord that bears North 66 degrees 01 | ||
minutes 51 seconds East, a distance of 290.96 feet to a TXDOT Disc | ||
found; | ||
2. South 89 degrees 19 minutes 20 seconds East, a distance | ||
of 44.86 feet to a TXDOT Disc found; | ||
3. South 47 degrees 43 minutes 32 seconds East, a distance | ||
of 33.66 feet to a 5/8-inch iron rod found that bears N75°36'31"W ~ | ||
1.5'; | ||
4. South 02 degrees 21 minutes 21 seconds East, a distance | ||
of 204.21 feet to a 5/8-inch iron rod found; | ||
5. South 04 degrees 43 minutes 36 seconds East, a distance | ||
of 239.96 feet to a TXDOT Disc found; | ||
6. South 38 degrees 30 minutes 36 seconds West, a distance | ||
of 87.66 feet to a TXDOT Disc found; | ||
7. South 81 degrees 19 minutes 35 seconds West, a distance | ||
of 89.98 feet to a 5/8-inch iron rod found in concrete at the east | ||
R.O.W. line of aforesaid Grand Parkway; | ||
8. Thence, with said east R.O.W. line, North 32 degrees 31 | ||
minutes 32 seconds West, a distance of 451.59 feet to a 5/8-inch | ||
iron rod with cap stamped "COSTELLO INC" set at the south end of | ||
aforesaid cutback line; | ||
Thence, with said cutback line, North 24 degrees 27 minutes | ||
31 seconds East, a distance of 54.43 feet to the Point of Beginning | ||
and containing 3.019 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 9064.0306, 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 9064, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by amending Section 9064.0306 to read as follows: | ||
Sec. 9064.0306. 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. 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, 2023. |