Bill Text: TX SB1864 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the creation of Fulshear Parkway Improvement District; 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 [SB1864 Detail]

Download: Texas-2013-SB1864-Enrolled.html

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S.B. No. 1864

AN ACT
relating to the creation of Fulshear Parkway Improvement District;
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 3921 to read as follows:
CHAPTER 3921. FULSHEAR PARKWAY IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3921.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Fulshear Parkway Improvement
District.
Sec. 3921.002. NATURE OF DISTRICT. The Fulshear Parkway
Improvement District is a special district created under Section
59, Article XVI, Texas Constitution.
Sec. 3921.003. 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. By creating the district and in authorizing a
municipality, county, or other political subdivision to contract
with the district, the legislature has established a program to
accomplish the public purposes set out in Section 52-a, Article
III, Texas Constitution.
(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 a municipality or 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 municipal or county
services provided in the district.
Sec. 3921.004. 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 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.
(d) 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;
(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;
and
(4) provide for drainage, road, and recreational
facilities for the district.
(e) 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.
(f) 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. 3921.005. 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 the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3921.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
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.
Sec. 3921.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3921.008. 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. 3921.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board if the board determines that the change is in
the best interest of the district. The board may not consist of
fewer than five or more than nine voting directors.
Sec. 3921.052. APPOINTMENT OF VOTING DIRECTORS. (a) The
governing body of Fort Bend County shall appoint voting directors
from persons nominated by the board.
(b) The governing body of Fort Bend County may reject the
nomination of a person by the board for a position as a voting
director. If the governing body rejects a nomination, the board
shall submit a new nominee for that position until the governing
body appoints a director to each position on the board.
Sec. 3921.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3921.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3921.055. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 3921.056. INITIAL VOTING DIRECTORS. (a) On or after
the effective date of the Act creating 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 in which the district is located may submit a
petition to the governing body of Fort Bend County nominating the
five persons named in the petition as initial voting directors.
(b) The governing body of Fort Bend County may reject the
nomination of a person named in the petition described by
Subsection (a) for a position as an initial director. If the
governing body rejects a nomination, the owner or owners who
submitted the petition under Subsection (a) shall submit a new
nominee for that position until the governing body appoints an
initial director to each position on the board.
(c) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2015, and
the terms of directors appointed for positions four and five expire
June 1, 2017.
(d) Section 3921.052 does not apply to this section.
(e) This section expires September 1, 2017.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3921.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3921.102. 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. 3921.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3921.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3921.105. 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. 3921.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including a municipality or county, to provide law enforcement
services in the district for a fee.
Sec. 3921.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3921.108. 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. 3921.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3921.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3921.111. ACCESS TO ROAD FACILITIES. The district may
control, restrict, and determine the type and extent of access to or
from a road facility, including designating and approving the
locations of access to the road facility from a street, road, alley,
highway, or other public or private road intersecting the road
facility.
Sec. 3921.112. ROAD STANDARDS AND REQUIREMENTS. (a) A
road facility must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road facility is located.
(b) If a road facility is not located in the corporate
limits of a municipality, the road facility must meet all
applicable construction standards, subdivision requirements, and
regulations of each county in which the road facility 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 facility.
Sec. 3921.113. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3921.151. 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. 3921.152. 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. 3921.153. 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 in which the
assessments are to be imposed.
Sec. 3921.154. 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. 3921.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to a tax authorized
or approved by the district voters or a required payment for service
provided by the district.
Sec. 3921.156. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3921.201. 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 3921.203.
(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) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3921.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3921.201, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for any
district purpose, 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.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3921.203. 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. 3921.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(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.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3921.205. 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.
SECTION 2. The Fulshear Parkway Improvement District
initially includes all territory contained in the following area:
BEING 2,781.3043 acres of land situated in the H. & T. C. R.R.
Co. Survey Section 105, Abstract No. 416, Jesse Thompson Survey,
Abstract No. 414, R.T. Van Slyke Survey, Abstract No. 407 of Waller
County, Texas and the H. & T. C. R.R. Co. Survey Section 105,
Abstract No. 261, Jesse Thompson Survey, Abstract No. 394, R.T. Van
Slyke Survey, Abstract No. 395, J.G. Bennett Survey Abstract No.611
(H. & T. C. R.R. Co. Survey Section 106), J.D. Vermillion Survey,
Abstract No. 339, Micajah Autry Survey, Abstract No. 100, Rufus
Wright Survey, Abstract No. 344, Daniel R. Perry Survey, Abstract
No. 301, Enoch Latham Survey, Abstract No. 50, Morris & Cummings
Survey, Abstract No. 294, J.C. McDonald Survey, Abstract No. 290,
Randon & Pennington Survey, Abstract No. 75 and the John Foster
Survey, Abstract No. 26 of Fort Bend County, Texas, said 2,781.3043
acres being comprised of the following described tracts: all of a
called 316 acre and 88 acre tract (called 404 acres) of land
described in an instrument to R&Y Interests, Ltd., filed for record
under Vol. 553, Page 91 of the Official Public Records of Waller
County, Texas and under Clerk's File Number (C.F. No.) 2011051593
of the Official Public Records of Fort Bend County, Texas
(O.P.R.F.B.C.T.), SAVE AND EXCEPT those portions of said 88 acre
tract of land and said 316 acre tract of land lying within the
limits of Waller County, Texas; all of a called 200 acre tract
described in an instrument to Silco Inc. filed for record under C.F.
No. 2006095116, all of a called 474.671 acre tract described in an
instrument to Silco Inc. filed for record under C.F. No. 2007009962
O.P.R.F.B.C.T. SAVE AND EXCEPT that portion of said 474.671 acre
tract lying within the limits of Waller County, Texas; all of a
called 235.146 acre tract described in an instrument to Silvestri
Investments of Florida, Inc. filed for record under C.F. No.
2007009964 O.P.R.F.B.C.T., all of a called 12.024 acre tract
described in an instrument to Blossom Inc. filed for record under
C.F. No. 2007009966 O.P.R.F.B.C.T., all of a called 473.246 acre
tract described in an instrument to Dan J. Harrison, Jr. filed for
record under Vol. 528, Pg. 132 of the Fort Bend County Deed Records
(F.B.C.D.R.), all of a called 579.0 acre tract, a called 2.1742
acre tract, a called 1.500 acre tract and a called 1.166 acre tract
described in an instrument to Ronald W. Henriksen "B" Trust filed
for record under C.F. No. 2008132362 O.P.R.F.B.C.T., all of a
called 189.29 acre tract (Tract 1) and a portion of a called
1,005.19 acre tract (Tract 2) described in an instrument to Dan J.
Harrison Jr. filed for record under Vol. 302, Pg. 126, F.B.C.D.R.,
all of a called 48.787 acre tract and 23.675 acre tract described in
an instrument to Dan J. Harrison filed for record under Vol. 405,
Pg. 239, F.B.C.D.R., portion of a called 64.675 acre tract
described in an instrument to Dan. J. Harrison Jr. filed for record
under Vol. 422, Pg. 467, F.B.C.D.R., and all of the area of McKinnon
Road (Old Richmond-Fulshear Road, width varies) lying South of said
186.29 acre tract and North of said 48.787 acre tract and said
1,005.19 acre tract, said 2,781.3043 acres being more particularly
described in three (3) Parcels by metes and bounds as follows:
PARCEL "A" - 1,790.6130 ACRES:
BEGINNING at the Northwest corner of said 316 acre tract,
same being the Northwest corner of the Jesse Thompson Survey,
Abstract No. 414 Waller County, Texas and Abstract 394, Fort Bend
County, Texas;
THENCE, N 87° 51' 52" E, a distance of 5,738.88 feet (CALLED
EAST - 2,066 varas) along and with the North line of said 316 acre
tract and the North line of said 88 acre tract to a point for the
Northeast corner of said 88 acre tract and being in the North line
of said R.T. Van Slyke Survey, Abstract No. 407 (Waller) Abstract
No. 395 (Fort Bend);
THENCE, S 02° 08' 08" E, a distance of 1,450.00 feet (CALLED
SOUTH - 522 varas) along and with the East line of said 88 acre tract
to a point for the Southeast corner of said 88 acre tract in the
North line of said 316 acre tract, same being in the lower North
line of said Jesse Thompson Survey and a South line of said R.T. Van
Slyke Survey;
THENCE, N 87° 51' 52" E, a distance of 683.34 feet (CALLED
EAST) along and with the North line of said 316 acre tract to a point
for the most Easterly Northeast corner of said 316 acre tract;
THENCE, S 02° 08' 08" E, a distance of 1,448.65 feet (CALLED
SOUTH - 522 varas) along and with the East line of said 316 acre
tract to a point for the Southeast corner of said 316 acre tract and
being in the South line of said Jesse Thompson Survey and the North
line of the said J.D. Vermillion Survey;
THENCE, S 87° 51' 52" W, a distance of 4,533.05 feet (CALLED
WEST) along and with the South line of said 316 acre tract to a point
for the Northeast corner of said 235.146 acre tract;
THENCE, S 02° 10' 37" E, a distance of 2,024.61 feet (CALLED S
02° 10' 37" E, 2024.61 feet) along and with the East line of said
235.146 acre tract to a point for the most Easterly Southeast corner
of said 235.146 acre tract and being in the North line of said 200
acre tract;
THENCE, N 87° 53' 34" E, a distance of 894.09 feet (CALLED N
87° 53' 34" E, 894.07 feet) along and with the North line of said 200
acre tract to a point for the Northeast corner of said 200 acre
tract;
THENCE, S 01° 56' 47" E, a distance of 3,118.90 feet (CALLED S
01° 56' 47" E, 3,119.21 feet) along and with the East line of said
200 acre tract to a point for the Southeast corner of said 200 acre
tract and being in the North line of a called 686.0183 acre tract
described in an instrument to D.R. Horton-Texas, Ltd. filed for
record under C.F. No. 2013000056 O.P.R.F.B.C.T.;
THENCE, S 87° 51' 29" W, a distance of 2,792.12 feet (CALLED S
87° 51' 29" W) along and with the North line of said 686.0183 acre
tract to a point for the Northwest corner of said 686.0183 acre
tract, same being the Southwest corner of said Silco 200 acre tract
and also being in the East line of said 473.246 acre tract;
THENCE, S 01° 55' 43" E, a distance of 4,920.20 feet (CALLED S
01° 55' 43" E) along and with the West line of said 686.0183 acre
tract and an East line of said 473.246 acre tract to a point for the
Southwest corner of said 686.0183 acre tract and being in the North
line of a called 631.26 acre tract of land described in an
instrument to D.R. Horton-Texas, Ltd. filed for record under C.F.
No. 2013000056 O.P.R.F.B.C.T.;
THENCE, S 87° 40' 56" W, a distance of 6.43 feet (CALLED S 87°
41' 05" W) along and with a South line of said 473.246 acre tract and
a North line of said 631.26 acre tract to a point for the Northwest
corner of said 631.26 acre tract, same being a reentrant corner of
said 473.246 acre tract;
THENCE, S 00° 59' 24" E, a distance of 527.80 feet (CALLED S
00° 59' 15" E) along and with an East line of said 473.246 acre tract
and a West line of said 631.26 acre tract to a point for the
Southeast corner of said 473.246 acre tract, same being a reentrant
corner of said 631.26 acre tract;
THENCE, S 87° 50' 00" W, a distance of 2,634.66 feet (CALLED S
87° 50' 09" W) along with the North line of said 631.26 acre tract
and the South line of said 473.246 acre tract to a point for the
Southwest corner of said 473.246 acre tract;
THENCE, N 00° 17' 23" W, a distance of 2,905.55 feet (CALLED N
01° 07' E, 2,899.50 feet) along and with the West line of said
473.246 acre tract to a point for the Southeast corner of said
474.671 acre tract;
THENCE, N 86° 18' 38" W, a distance of 2,736.49 feet (CALLED)
along and with the South line of said 474.671 acre tract;
THENCE the following three (3) courses and distances along
and with the West line of said 474.671 acre tract:
N 01° 59' 02" W, a distance of 2,434.00 feet (CALLED) to an
angle point;
N 02° 07' 25" W, a distance of 3,428.59 feet (CALLED) to an
angle point;
N 01° 54' 20" W, a distance of 1,520.90 feet (CALLED) to a
point for the Northwest corner of said 474.671 acre tract;
THENCE, N 87° 37' 00" E, a distance of 2,705.78 feet (CALLED)
along and with the North line of said 474.671 acre tract to a point
for the Northeast corner of said 474.671 acre tract and the
Northwest corner of said 235.146 acre tract;
THENCE, N 87° 31' 40" E, a distance of 2,596.91 feet (CALLED N
87° 31'40" E, 2,597.32 feet) along and with the North line of said
235.146 acre tract to a point for the Southwest corner of said 316
acre tract;
THENCE, N 02° 08' 08" W, a distance of 2,900.00 feet (CALLED
NORTH - 1,044 varas) along the West line of said 316 acre tract to
the POINT OF BEGINNING and containing 1,790.6130 acres of land.
PARCEL "B" - 583.8370 ACRES
BEGINNING at the Northeast corner of a called 579.0 acre
tract described in an instrument to Ronald W. Henriksen "B" Trust
filed for record under C.F. No. 2008132362, same being a Northwest
corner of a called 1,913.31 acre tract of land described in an
instrument to CCR Texas Holdings LP filed for record under C.F. No.
2012038964 O.P.R.F.B.C.T., same also being an angle point in the
South line of a called 631.26 acre tract of land described in an
instrument to D.R. Horton-Texas, Ltd. filed for record under C.F.
No. 2013000056;
THENCE, S 01° 50' 55" E, a distance of 2,731.43 feet (CALLED S
01° 50' 13" E, 2,731.32 feet) along and with an East line of said
579.0 acre tract to a point for corner;
THENCE, N 89° 14' 57" E, a distance of 21.71 feet (CALLED N 89°
56' 16" E, 21.74 feet) along and with a North line of said 579.0 acre
tract to a point for corner;
THENCE, S 01° 26' 01" E, a distance of 1,338.51 feet (CALLED S
01° 25' 53" E, 1,338.13 feet) along and with an East line of said
579.0 acre tract to a point for corner;
THENCE, S 51° 53' 12" E, a distance of 223.27 feet (CALLED S
51° 56' 45" E, 223.23 feet) along and with a Northeasterly line of
said 579.0 acre tract to a point for corner in the Northwesterly
line of Fulshear-Katy Road (as occupied);
THENCE, S 37° 55' 51" W, a distance of 527.83 feet (CALLED S
37° 56' 10" W, 527.86 feet) along and with a Southeasterly line of
said 579.0 acre tract and the Northwesterly line of said
Fulshear-Katy Road to a point for the most Southerly Southeast
corner of said 579.0 acre tract;
THENCE, S 86° 40' 52" W, a distance of 3,077.04 feet (CALLED S
86° 41' 25" W, 3,076.67 feet) along and with the South line of said
579.0 acre tract to a point for the most Southerly Southwest corner
of said 579.0 acre tract and being in a West line of said Micajah
Autry Survey and the East line of said Daniel R. Perry Survey;
THENCE, N 01° 56' 26" W, a distance of 1,670.00 feet (CALLED N
01° 55' 53" E, 1,669.99 feet) along and with a West line of said
579.0 acre tract, the East line of said Daniel R. Perry Survey and a
West line of said Micajah Autry Survey to a point for corner;
THENCE, S 88° 09' 13" W, a distance of 853.23 feet (CALLED S
88° 09' 46" W, 853.60 feet) along and with a South line of said 579.0
acre tract to a point for corner;
THENCE, N 02° 27' 24" W, a distance of 156.95 feet (CALLED N
02° 26' 51" W, 156.95 feet) along and with a West line of said 579.0
acre tract to a point for corner in a South line of said 579.0 acre
tract, same being the most Easterly Southeast corner of said Rufus
Wright Survey, same also being in a West line of said Micajah Autry
Survey and the North line of said Daniel R. Perry Survey;
THENCE, S 87° 29' 44" W, a distance of 2,541.06 feet (CALLED S
87° 30' 17" W, 2,541.06) along and with a South line of said 579.0
acre tract, the North line of said Daniel R. Perry Survey and a
South line of said Rufus Wright Survey to an angle point being the
Southeast corner of said 1.166 acre tract and the most Westerly
Southwest corner of said 579.0 acre tract;
THENCE, S 87° 30' 17" W, a distance of 540.98 feet (CALLED S
89° 09' 06" W) along and with the South line of said 1.166 acre tract
to a point for corner being the Northeast corner of said 2.1742 acre
tract;
THENCE, S 00° 22' 22" E, a distance of 465.81 feet (CALLED S
01° 11' 24" W, 465.79 feet) along and with the East line of said
2.1742 acre tract and the East line of said 1.500 acre tract to a
point for the Southeast corner of said 1.500 acre tract;
THENCE, S 88° 28' 05" W, a distance of 358.18 feet (CALLED N
89° 58 09" W, 358.18 feet) along and with the South line of said
1.500 acre tract to a point for corner;
THENCE, S 42° 09' 02" W, a distance of 230.96 feet (CALLED S
43° 42' 45" W, 230.96 feet) along and with a Southeasterly line of
said 1.500 acre tract to a point in the North right-of-way line of
Sprigg Road for the beginning of a non-tangent curve to the left
having a center which bears N 50° 07' 14" W, 60.00 feet;
In a Northeasterly direction, along and with said curve to
the left and the North right-of-way of Sprigg Road, a distance of
0.99 feet, having a radius of 60.00 feet, a central angle of 00°
56' 43" (CALLED 00° 56' 30") and a chord which bears N 39° 24' 24" E,
0.99 feet (CALLED N 40° 58' 11" E, 0.99) to a point for the beginning
of a non-tangent curve to the left having a center which bears N 50°
07' 14" W, 60.00 feet;
In a Northerly direction, along and with said curve to the
left and the North right-of-way of Sprigg Road, a distance of 91.88
feet, having a radius of 60.00 feet, a central angle of 87° 44' 10"
(CALLED 87° 43' 37") and a chord which bears N 03° 59' 16" W, 83.16
feet (CALLED N 02° 25' 23" W, 83.15 feet) to a point for corner;
THENCE, N 42° 09' 02" E, a distance of 323.81 feet (CALLED N
43° 42' 48" E, 323.81 feet) along and with a Northwesterly line of
said 1.500 acre tract to a point for the Northwest corner of said
1.500 acre tract and the Southwest corner of said 2.1742 acre tract;
THENCE, N 01° 31' 55" W, a distance of 369.59 feet (CALLED N
00° 01' 51" E, 370.03 feet) along and with the West line of said
2.1742 acre tract and the West line of said 1.166 acre tract to a
point for the Northwest corner of said 1.166 acre tract;
THENCE, N 87° 30' 17" E, a distance of 846.44 feet (CALLED 89°
09' 06" E, 846.21 feet) along and with the North line of said 1.166
acre tract to a point for the Northeast corner of said 1.166 acre
tract and being in the West line of said 579.0 acre tract;
THENCE, N 02° 27' 34" W, a distance of 2,925.01 feet (CALLED N
02° 27' 01" W, 2,925.01 feet) along and with the West line of said
579.0 acre tract to a point for the Northwest corner of said 579.0
acre tract;
THENCE, N 87° 32' 26" E, a distance of 2,541.20 feet (CALLED N
87° 32' 59" E, 2,541.20) along and with a North line of said 579.0
acre tract to a point for corner in the West line of said 631.26 acre
tract;
THENCE, S 02° 27' 24" E, a distance of 156.01 feet (CALLED S
02° 26' 51" E, 155.73 feet) along and with an East line of said 579.0
acre tract to a point for corner and being the Southwest corner of
said 631.26 acre tract;
THENCE, N 87° 31' 56" E, a distance of 4,118.43 feet (CALLED N
87° 32' 39" E, 4,118.62 feet) along and with the North line of said
579.0 acre tract and the South line of said 631.26 acre tract to the
POINT OF BEGINNING and containing 583.8370 acres of land.
PARCEL "C" - 474.4183 ACRES:
Beginning at a point for the Northwest corner of said 186.29
acre tract, same being in the South line of a 100-foot wide
Metropolitan Transit Authority of Harris County, Texas
right-of-way, same also being the Northwest corner of a called 3.01
acre tract of land described in an instrument to Prototype Machine
Co. Inc. filed for record under C.F. No. 2008112545,
O.P.R.F.B.C.T.;
THENCE, N 82° 58' 56" E, a distance of 2,424.31 feet (CALLED N
85° 26' E, 4310.5 feet) along and with the North line of said 186.29
acre tract and the South line of said Metropolitan Transit
Authority right-of-way to an angle point;
THENCE, N 83° 00' 02" E, a distance of 1,886.40 feet (CALLED N
85° 26' E, 4310.5 feet) along and with the North line of said 186.29
acre tract and the South line of said Metropolitan Transit
Authority right-of-way to a point for the Northeast corner of said
186.29 acre tract;
THENCE, S 02° 29' 41" E, a distance of 2,168.70 feet (CALLED S
00° 03' E, 2,168.70 feet) along and with the East line of said 186.29
acre tract to a point for the Southeast corner of said 186.29 acre
tract and being in the North line of said McKinnon Road;
THENCE, S 87° 40' 19" W, a distance of 66.52 feet (CALLED N 89°
53' W, 65.00 feet) along and with the South line of said 186.29 acre
tract and the North line of said McKinnon Road to a point for corner
being the intersection of a Northerly projection of an East line of
said 1,005.19 acre tract with the South line of said 186.29 acre
tract;
THENCE, S 02° 29' 41" E, a distance of 639.72 feet (CALLED S
00° 03' E, 639.60 feet) over and across said McKinnon Road, along and
with an East line of said 1,005.19 acre tract to a reentrant corner
of said 1,005.19 acre tract;
THENCE, N 88° 04' 19" E, a distance of 158.00 feet (CALLED S
89° 29' E, 158.00 feet) along and with a North line of said 1,005.19
acre tract to a point for corner;
THENCE, S 02° 14' 41" E, a distance of 2,210.40 feet (CALLED S
00° 12' W) along and with an East line of said 1,005.19 acre tract to
a point for corner;
THENCE, S 87° 14' 33" W, a distance of 4,037.52 feet over and
across said 1,005.19 acre tract, said 64.675 acre tract and along
and with the South line of said 23.675 acre tract (South line called
WEST, 964.5 feet) to a point for the Southwest corner of said 23.675
acre tract;
THENCE, N 02° 28' 27" W, a distance of 1,082.24 feet (CALLED N
00° 17' E, 1076.22 feet) along and with the West line of said 23.675
acre tract to a point for the Northwest corner of said 23.675 acre
tract and being in the South line of said 48.787 acre tract;
THENCE, S 87° 36' 19" W, a distance of 341.03 feet (CALLED
WEST) along and with the South line of said 48.787 acre tract to a
point for the Southwest corner of said 48.787 acre tract;
THENCE, N 02° 30' 41" W, a distance of 3,616.51 feet (CALLED N
00° 04' W - Vol. 302, Pg. 126; N01° 23' 50" E, - Vol. 405, Pg. 239)
along and with the West line of said 48.787 acre tract, over and
across said McKinnon Road and continuing along and with the West
line of said 186.29 acre tract to the POINT OF BEGINNING and
containing 474.4183 acres of land.
PARCEL "D" SAVE AND EXCEPT - 53.6042 ACRES:
BEING 53.6042 acres of land situated in the Jesse Thompson
Survey, Abstract No. 414 and the R.T. Van Slyke Survey, Abstract No.
407 of Waller County, Texas, said 58.6042 acres being a portion of a
called 316 acre and 88 acre tract (called 404 acres) of land
described in an instrument to R&Y Interests, Ltd., filed for record
under Vol. 553, Page 91 of the Official Public Records of Waller
County, Texas, said 53.6042 acres being all of the area of said 404
acre tract lying within the limits of Waller County, Texas, said
53.6042 acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at the Northwest corner of said 316 acre tract,
same being the Northwest corner of the Jesse Thompson Survey,
Abstract No. 414 Waller County, Texas and Abstract 394, Fort Bend
County, Texas;
THENCE, N 87° 51' 52" E, (CALLED - EAST) a distance of
3,328.20 feet along and with the North line of said 316 acre tract
and said 88 acre tract to a point for corner on the Waller County
Line;
THENCE, S 65° 00' 15" W, a distance of 3,611.89 feet along and
with the Waller County Line to a point for corner in the West line of
said 316 acre tract;
THENCE, N 02° 08' 08" W, a distance of 1,403.16 feet along and
with the West line of said 316 acre tract to the POINT OF BEGINNING
and containing 53.6042 acres of land.
PARCEL "E" SAVE AND EXCEPT - 13.9598 ACRES:
BEING 13.9598 acres of land situated in the H. & T. C. R.R.
Co. Survey Section 105, Abstract No. 416, Waller County, Texas and
being that portion of a called 474.671 acre tract described in an
instrument to Silco Inc. filed for record under C.F. No. 2007009962
O.P.R.F.B.C.T lying within the limits of Waller County, Texas, said
13.9598 acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at the Northwest corner of said 474.671 acre tract;
THENCE, N 87° 37' 00" E, a distance of 1,705.80 feet along and
with the North line of said 474.671 acre tract to a point for corner
on the Waller County Line;
THENCE, S 65° 00' 15" W, a distance of 1,854.29 feet along and
with the Waller County Line to a point for corner in the West line of
said 474.671 acre tract
THENCE, N 01° 54' 20" W, a distance of 712.99 feet along and
with the West line of said 474.671 acre tract to the POINT OF
BEGINNING and containing 13.9598 acres of land.
In conclusion, the herein described 1,790.6130 acre tract,
the 583.8370 acre tract and the 474.4183 acre tract SAVE AND EXCEPT
the herein described 53.6042 acre tract and the herein described
13.9598 acre tract comprise a total acreage of 2,781.3043 acres of
land for the boundary of the Fulshear Parkway Improvement District.
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,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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 have been
fulfilled and accomplished.
SECTION 4. 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. 1864 passed the Senate on
April 25, 2013, by the following vote: Yeas 28, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1864 passed the House on
May 20, 2013, by the following vote: Yeas 147, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor