Bill Text: TX SB2510 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 570; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2019-04-03 - Referred to Intergovernmental Relations [SB2510 Detail]
Download: Texas-2019-SB2510-Introduced.html
86R20155 TSR-F | ||
By: Kolkhorst | S.B. No. 2510 |
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relating to the creation of the Harris County Municipal Utility | ||
District No. 570; 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 F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7894 to read as follows: | ||
CHAPTER 7894. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 570 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7894.0101. 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 Harris County Municipal | ||
Utility District No. 570. | ||
Sec. 7894.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7894.0103. 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. 7894.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7894.0103 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. | ||
Sec. 7894.0105. 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 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. 7894.0106. 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. 7894.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7894.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7894.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Susan Miller; | ||
(2) Daniel Pereyra; | ||
(3) Andrew McLoughlin; | ||
(4) Jackson Gillette; and | ||
(5) Stephanie Burns. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7894.0103; 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 7894.0103 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 7894.0103; 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. 7894.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7894.0302. 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. 7894.0303. 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. 7894.0304. 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. 7894.0305. 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 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. | ||
Sec. 7894.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may, at the time the new district is created, contain only: | ||
(1) land within the area described by Section 2 of the | ||
Act enacting this chapter; or | ||
(2) any land adjacent to the area described by Section | ||
2 of the Act enacting this chapter if that adjacent land is: | ||
(A) not within the extraterritorial jurisdiction | ||
of a city; or | ||
(B) within the extraterritorial jurisdiction of | ||
a city and that adjacent land has been approved for inclusion in the | ||
district under the consent ordinance or resolution adopted by a | ||
city under Section 7894.0104. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7894.0103 to confirm the district's creation. | ||
(f) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7894.0103. | ||
(i) Municipal consent by a city is not required for the | ||
creation of any new district created under this section. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(k) If the voters of a new district do not confirm the | ||
creation of the new district, the assets, obligations, territory, | ||
and governance of the new district revert to that of the original | ||
district. | ||
Sec. 7894.0307. 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 recreational facility, as defined by Section | ||
49.462, Water Code; or | ||
(2) a road project authorized by Section 7894.0303. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7894.0401. 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 7894.0403. | ||
(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. 7894.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7894.0401, 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. 7894.0403. 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. 7894.0501. 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. 7894.0502. 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 Sections 54.601 and 54.602, Water Code. | ||
Sec. 7894.0503. 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. | ||
SECTION 2. The Harris County Municipal Utility District No. | ||
570 initially includes all the territory contained in the following | ||
area: | ||
447.471 ACRES | ||
BEING A 447.471 ACRE TRACT OF LAND SITUATED IN THE JAMES O'BRIEN | ||
SURVEY A-615, AND BEING A PORTION OF A CALLED 828.184 ACRE TRACT AS | ||
DESCRIBED IN VOLUME 6327 PAGE 17 HARRIS COUNTY DEED RECORDS AND | ||
BEING ALL OF A CALLED 389.083 ACRE TRACT DESCRIBED IN HARRIS COUNTY | ||
CLERKS FILE NUMBER C-705448 AND BEING ALL OF A CALLED 50 ACRE AND 10 | ||
ACRE TRACT AS DESCRIBED IN HARRIS COUNTY CLERKS FILE NUMBER H864435 | ||
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; | ||
BEGINNING AT A POINT FOR THE COMMON CORNER OF SAID JAMES O'BRIEN | ||
SURVEY A-615, T. RANDLE SURVEY A-672, THOMAS EARLY SURVEY A-256 AND | ||
W. JONES SURVEY A-490, SAME BEING THE NORTHWEST CORNER OF SAID | ||
828.184 ACRE TRACT, FROM WHICH AN INTERSECTION OF FENCES BEARS | ||
NORTH 71 DEGREES 19 MINUTES EAST, A DISTANCE OF 3.5 FEET; | ||
THENCE SOUTH 03 DEGREE 36 MINUTES 04 SECONDS EAST, ALONG THE COMMON | ||
LINE OF JAMES O'BRIEN SURVEY AND T. RANDLE SURVEY, A DISTANCE OF | ||
310.26 FEET TO A 1/2 INCH IRON ROD FOUND FOR ANGLE POINT; | ||
THENCE SOUTH 03 DEGREE 22 MINUTES 51 SECONDS EAST, CONTINUING ALONG | ||
THE COMMON LINE OF JAMES O'BRIEN SURVEY AND T. RANDLE SURVEY, A | ||
DISTANCE OF 1043.15 FEET TO A 5/8 INCH IRON ROD SET FOR THE | ||
NORTHWEST CORNER OF SAID 389.083 ACRE TRACT AND THE HEREIN | ||
DESCRIBED TRACT OF LAND; | ||
THENCE NORTH 87 DEGREE 44 MINUTES 20 SECONDS EAST, ALONG THE NORTH | ||
LINE OF SAID 389.083 ACRE TRACT A DISTANCE OF 4979.03 FEET TO A 5/8 | ||
INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 389.083 ACRE | ||
TRACT AND THE HEREIN DESCRIBED TRACT OF LAND; | ||
THENCE SOUTH 02 DEGREE 58 MINUTES 23 SECONDS EAST, ALONG THE EAST | ||
LINE OF SAID 389.083 ACRE TRACT A DISTANCE OF 3935.98 FEET TO A 5/8 | ||
INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID 389.083 ACRE | ||
TRACT AND THE HEREIN DESCRIBED TRACT OF LAND IN THE NORTH LINE OF | ||
MOUND ROAD; | ||
THENCE ALONG THE COMMON LINE OF SAID 389.083 ACRE TRACT AND MOUND | ||
ROAD THE FOLLOWING COURSES AND DISTANCES | ||
SOUTH 87 DEGREES 56 MINUTES 08 SECONDS WEST, 2185.80 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
SOUTH 87 DEGREES 47 MINUTES 05 SECONDS WEST, 530.76 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
SOUTH 87 DEGREES 56 MINUTES 17 SECONDS WEST, 1143.43 FEET TO A 1/2 | ||
INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 389.083 ACRE | ||
TRACT; | ||
THENCE NORTH 03 DEGREE 07 MINUTES 26 SECONDS WEST, A DISTANCE OF | ||
9.45 FEET TO A 1/2 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF SAID | ||
50 ACRE TRACT; | ||
THENCE SOUTH 87 DEGREES 56 MINUTES 17 SECONDS WEST, ALONG THE SOUTH | ||
LINE OF SAID 50 ACRE TRACT, A DISTANCE OF 1368.79 FEET TO A 1/2 INCH | ||
IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID 50 ACRE TRACT AND | ||
BEING IN THE COMMON LINE OF SAID JAMES O'BRIEN SURVEY AND T. RANDLE | ||
SURVEY; | ||
THENCE ALONG THE COMMON LINE OF SAID JAMES O'BRIEN AND T. RANDLE | ||
SURVEYS, SAME BEING THE WEST LINE OF SAID 50 ACRE, 10 ACRE AND | ||
389.083 ACRE TRACTS THE FOLLOWING COURSES AND DISTANCES; | ||
NORTH 02 DEGREES 44 MINUTES 34 SECONDS WEST, 1024.08 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
NORTH 03 DEGREES 12 MINUTES 21 SECONDS WEST, 509.51 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
NORTH 03 DEGREES 19 MINUTES 08 SECONDS WEST, 340.60 FEET TO A 1 AND | ||
1/4 INCH IRON PIPE FOUND; | ||
NORTH 03 DEGREES 21 MINUTES 50 SECONDS WEST, 472.28 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
NORTH 01 DEGREES 33 MINUTES 42 SECONDS WEST, 1564.63 FEET TO THE | ||
POINT OF BEGINNING AND CONTAINING 447.471 ACRES OF LAND. | ||
100.00 ACRES | ||
BEING A 100.00 ACRE TRACT OF LAND OUT OF 389.313 ACRE TRACT OF LAND | ||
SITUATED IN THE EDWARD GREEN SURVEY A-307, AND BEING A PORTION OF A | ||
CALLED 439.101 ACRE TRACT TO EMANUEL DENNISON, RUBY DENNISON AND | ||
BOBBY GENE DENNISON AS RECORDED IN HARRIS COUNTY FILM CODE NUMBER | ||
C-705448 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; | ||
COMMENCING AT A POINT FOR THE NORTHWEST CORNER OF SAID EDWARD GREEN | ||
SURVEY, SAME BEING THE NORTHWEST CORNER OF SAID 439.101 ACRE AND | ||
389.313 ACRE TRACT IN THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, | ||
FROM WHICH A FOUND RAILROAD RAIL BEARS NORTH 02 DEGREES 47 MINUTES | ||
EAST, A DISTANCE OF 1.1 FEET; | ||
THENCE ALONG THE COMMON LINE OF SAID 439.101 ACRE AND 389.313 ACRE | ||
TRACTS, SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, THE | ||
FOLLOWING COURSES AND DISTANCES; | ||
NORTH 88 DEGREES 08 MINUTES 03 SECONDS EAST, 1311.19 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
NORTH 88 DEGREES 20 MINUTES 22 SECONDS EAST, 598.55 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
NORTH 88 DEGREES 08 MINUTES 19 SECONDS EAST, 989.89 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
NORTH 87 DEGREES 57 MINUTES 47 SECONDS EAST, 318.55 FEET TO A 1/2 | ||
INCH IRON PIPE FOUND FOR THE MOST NORTHERLY NORTHEAST CORNER OF SAID | ||
439.101 ACRE TRACT AND THE NORTHEAST CORNER OF SAID 389.313 ACRE | ||
TRACT; | ||
THENCE ALONG THE EAST LINE OF SAID 439.101 ACRE AND 389.313 ACRE | ||
TRACTS THE FOLLOWING COURSES AND DISTANCES; | ||
SOUTH 01 DEGREES 41 MINUTES 08 SECONDS EAST, 480.34 FEET TO A 5/8 | ||
INCH IRON ROD FOUND; | ||
SOUTH 01 DEGREES 45 MINUTES 38 SECONDS EAST, 633.16 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
SOUTH 01 DEGREES 49 MINUTES 23 SECONDS EAST, 428.77 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
SOUTH 01 DEGREES 45 MINUTES 50 SECONDS EAST, 1055.50 FEET TO A 5/8 | ||
INCH IRON ROD SET FOR THE NORTHEAST CORNER AND POINT OF BEGINNING OF | ||
THE HEREIN DESCRIBED TRACT; | ||
THENCE CONTINUING ALONG THE EAST LINE OF SAID 439.101 ACRE AND | ||
389.313 ACRE TRACTS AND THE HEREIN DESCRIBED 100.00 ACRE TRACT THE | ||
FOLLOWING COURSES AND DISTANCES; | ||
SOUTH 01 DEGREES 45 MINUTES 50 SECONDS EAST, A DISTANCE OF 193.71 | ||
FEET TO A 1/2 INCH IRON ROD FOUND; | ||
SOUTH 01 DEGREES 57 MINUTES 34 SECONDS EAST, 794.32 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
SOUTH 01 DEGREES 38 MINUTES 13 SECONDS EAST, 375.35 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
SOUTH 02 DEGREES 11 MINUTES 29 SECONDS EAST, 264.05 FEET TO A 1/2 | ||
INCH IRON ROD FOUND FOR AN INTERIOR ANGLE POINT OF SAID 439.101 ACRE | ||
TRACT, AND NORTHWEST CORNER OF A CALLED 39.365 ACRE TRACT AS | ||
RECORDED IN HARRIS COUNTY CLERK'S FILE NO. C705448; | ||
THENCE SOUTH 01 DEGREES 48 MINUTES 44 SECONDS EAST, WITH THE EAST | ||
LINE OF SAID 389.313 ACRE TRACT, SAME BEING ALONG THE WEST LINE OF | ||
SAID 39.365 ACRE TRACT, A DISTANCE OF 1046.77 FEET TO A SET 5/8 INCH | ||
IRON ROD FOR THE SOUTHEAST CORNER OF SAID 389.313 ACRE TRACT, BEING | ||
IN THE SOUTH LINE OF SAID 439.101 ACRE TRACT FOR THE SOUTHWEST | ||
CORNER OF SAID 39.365 ACRE TRACT AND THE HEREIN DESCRIBED TRACT AND | ||
BEING IN THE SOUTH LINE OF SAID EDWARD GREEN SURVEY; | ||
THENCE SOUTH 88 DEGREES 01 MINUTES 30 SECONDS WEST, ALONG THE SOUTH | ||
LINE OF SAID 439.101 ACRE AND 389.313 ACRE TRACTS AND EDWARD GREEN | ||
SURVEY A DISTANCE OF 1628.68 FEET TO A 5/8 INCH IRON ROD SET FOR THE | ||
SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; | ||
THENCE NORTH 01 DEGREES 48 MINUTES 45 SECONDS WEST, A DISTANCE OF | ||
2677.93 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF | ||
THE HEREIN DESCRIBED 100.00 ACRE TRACT OF LAND; | ||
THENCE NORTH 88 DEGREES 09 MINUTES 24 SECONDS EAST, A DISTANCE OF | ||
1626.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 100.00 ACRES | ||
OF LAND. | ||
97.00 ACRES | ||
BEING A 97.00 ACRE TRACT OUT OF A 389.313 ACRE TRACT OF LAND | ||
SITUATED IN THE EDWARD GREEN SURVEY A-307, AND BEING A PORTION OF A | ||
CALLED 439.101 ACRE TRACT TO EMANUEL DENNISON, RUBY DENNISON AND | ||
BOBBY GENE DENNISON AS RECORDED IN HARRIS COUNTY FILM CODE NUMBER | ||
C-705448 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; | ||
COMMENCING AT A POINT FOR THE NORTHWEST CORNER OF SAID EDWARD GREEN | ||
SURVEY, SAME BEING THE NORTHWEST CORNER OF SAID 439.101 ACRE TRACT | ||
AND THE 389.313 ACRE TRACT, IN THE SOUTH RIGHT-OF-WAY LINE OF BETKA | ||
ROAD, FROM WHICH A FOUND RAILROAD RAIL BEARS NORTH 02 DEGREES 47 | ||
MINUTES EAST, A DISTANCE OF 1.1 FEET; | ||
THENCE ALONG THE NORTH LINE OF SAID 439.101 ACRE AND 389.313 ACRE | ||
TRACTS, SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF BETKA ROAD, THE | ||
FOLLOWING COURSES AND DISTANCES; | ||
NORTH 88 DEGREES 08 MINUTES 03 SECONDS EAST, 1311.19 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
NORTH 88 DEGREES 20 MINUTES 22 SECONDS EAST, 278.32 FEET TO A 5/8 | ||
INCH IRON ROD SET FOR THE NORTHWEST CORNER AND POINT OF BEGINNING OF | ||
THE HEREIN DESCRIBED 97.00 ACRE TRACT OF LAND; | ||
THENCE CONTINUING ALONG THE NORTH LINE OF SAID 439.101 ACRE AND | ||
389.313 ACRE TRACTS, SAME BEING THE SOUTH RIGHT-OF-WAY LINE OF | ||
BETKA ROAD, SAME BEING THE NORTH LINE OF THE HEREIN DESCRIBED TRACT, | ||
THE FOLLOWING COURSES AND DISTANCES; | ||
THENCE NORTH 88 DEGREES 20 MINUTES 22 SECONDS EAST 320.23 FEET TO A | ||
1/2 INCH IRON ROD FOUND; | ||
NORTH 88 DEGREES 08 MINUTES 19 SECONDS EAST, 989.89 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
NORTH 87 DEGREES 57 MINUTES 47 SECONDS EAST, 318.55 FEET TO A 1/2 | ||
INCH IRON PIPE FOUND FOR THE MOST NORTHERLY NORTHEAST CORNER OF SAID | ||
439.101 ACRE TRACT AND NORTHEAST CORNER OF SAID 389.313 ACRE TRACT | ||
AND THE HEREIN DESCRIBED 97.00 ACRE TRACT; | ||
THENCE ALONG THE EAST LINE OF SAID 439.101 ACRE AND 389.313 ACRE | ||
TRACTS, SAME BEING THE EAST LINE OF THE HEREIN DESCRIBED 97.00 ACRE | ||
TRACT THE FOLLOWING COURSES AND DISTANCES; | ||
SOUTH 01 DEGREES 41 MINUTES 08 SECONDS EAST, 480.34 FEET TO A 5/8 | ||
INCH IRON ROD FOUND; | ||
SOUTH 01 DEGREES 45 MINUTES 38 SECONDS EAST, 633.16 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; | ||
SOUTH 01 DEGREES 49 MINUTES 23 SECONDS EAST, 428.77 FEET TO A 1/2 | ||
INCH IRON ROD FOUND; SOUTH 01 DEGREES 45 MINUTES 50 SECONDS EAST, | ||
1055.50 FEET TO A 5/8 INCH IRON ROD SET IN THE EAST LINE OF THE SAID | ||
439.101 ACRE AND 389.313 ACRE TRACTS AND BEING THE SOUTHEAST CORNER | ||
OF THE HEREIN DESCRIBED 97.00 ACRE TRACT | ||
THENCE SOUTH 88 DEGREES 09 MINUTES 24 SECONDS WEST, A DISTANCE OF | ||
1626.21 FEET TO A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF | ||
THE HEREIN DESCRIBED 97.00 ACRE TRACT OF LAND; | ||
THENCE NORTH 01 DEGREES 48 MINUTES 45 SECONDS WEST, A DISTANCE OF | ||
2597.40 FEET TO THE POINT OF BEGINNING AND CONTAINING 97.00 ACRES OF | ||
LAND, MORE OR LESS. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. (a) Section 7894.0307, 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 7894, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 7894.0307 to read as follows: | ||
Sec. 7894.0307. 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, 2019. |