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S.B. No. 1806
AN ACT
relating to the creation of the West Ranch Management District;
providing authority to impose a tax and issue a bond or similar
obligation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. WEST RANCH MANAGEMENT DISTRICT. Subtitle C,
Title 4, Special District Local Laws Code, is amended by adding
Chapter 3837 to read as follows:
CHAPTER 3837. WEST RANCH MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3837.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the West Ranch Management
District.
Sec. 3837.002. WEST RANCH MANAGEMENT DISTRICT. The West
Ranch Management District is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3837.003. 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 the City of
Friendswood, Galveston and Harris Counties, and other political
subdivisions 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, education, safety, and the
public welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve Galveston and Harris Counties and the City
of Friendswood 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 the county or city services provided in the area in the
district.
Sec. 3837.004. 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:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, education, and general
welfare of residents, employers, potential employees, employees,
visitors, and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, education,
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.
(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. 3837.005. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes of the district 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 in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3837.006. 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 by a
municipality under Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created by a
municipality under Chapter 312, Tax Code; or
(3) an enterprise zone created by a municipality under
Chapter 2303, Government Code.
Sec. 3837.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3837.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3837.009-3837.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3837.051. GOVERNING BODY. The district is governed by
a board of five directors who serve staggered terms of four years,
with two or three directors' terms expiring June 1 of each
odd-numbered year.
Sec. 3837.052. APPOINTMENT OF DIRECTORS. (a) The
governing body of the City of Friendswood shall appoint the
directors of the board. The governing body shall appoint:
(1) three directors from a list of persons nominated
by the board; and
(2) two directors chosen by the governing body.
(b) If a person owns 25 percent or more of the land in the
district, the board shall request that the person provide to the
board a list of persons for the board to nominate under this
section. If the person does not provide a list of persons to the
board for that purpose before the 31st day after the date the board
requests the list or if no person owns 25 percent or more of the land
in the district, the board is not required to obtain a list and may
nominate any eligible person for appointment to the board. If more
than one person owns 25 percent or more of the land included in the
district, only the person who owns the greatest amount of land
included in the district is entitled to have the board request a
list under this subsection.
(c) If a person owns 25 percent or more of the land in the
district, at least a majority of the board must have been named from
a list provided by a person who owns 25 percent or more of the land.
Sec. 3837.053. REMOVAL OF DIRECTORS CHOSEN BY CITY. The
City of Friendswood for any reason may remove a director appointed
under Section 3837.052(a)(2) and appoint a person to serve the
remainder of that director's term.
Sec. 3837.054. VACANCY IN OFFICE OF DIRECTOR. (a) The
board may appoint a person to fill a vacancy in the office of a
director appointed under Section 3837.052(a)(1) for the remainder
of the director's term.
(b) The City of Friendswood may appoint a person to fill a
vacancy in the office of a director appointed under Section
3837.052(a)(2) for the remainder of the director's term.
Sec. 3837.055. QUORUM. For purposes of determining whether
a quorum of the board is present, the following are not counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification; or
(2) a director who is abstaining from participation in
a vote because of a conflict of interest.
Sec. 3837.056. INITIAL DIRECTORS. (a) The initial board
consists of two directors appointed by the governing body of the
City of Friendswood to serve in positions 1 and 2 and the following
persons to serve in positions 3-5: Pos. No. Name of Director
3 Joe Stunja
4 Jeff Anderson
5 Doug Konopka
(b) Of the initial directors, the terms of the directors
appointed for positions 1 and 3 expire June 1, 2007, and the terms
of the directors appointed for positions 2, 4, and 5 expire June 1,
2009.
(c) Section 3837.052 does not apply to this section.
(d) The governing body of the City of Friendswood may remove
a director the governing body appoints under this section and may
appoint a person to serve the remainder of the director's term.
(e) This section expires September 1, 2009.
[Sections 3837.057-3837.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3837.101. EDUCATIONAL FACILITIES. (a) The district
may acquire, construct, or finance an educational facility or a
site or appurtenance for an educational facility to benefit the
district.
(b) The district may convey the facility, site, or
appurtenance to a school district that contains territory in the
West Ranch Management District.
Sec. 3837.102. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a district project is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 3837.103. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with the
City of Friendswood for the city to provide law enforcement
services in the district that exceed the services that would
otherwise be provided in the district by the city.
Sec. 3837.104. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that:
(1) enjoys tax-exempt status under Section 501(c)(3),
(4), or (6), Internal Revenue Code of 1986; and
(2) performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3837.105. ECONOMIC DEVELOPMENT PROGRAMS. (a) 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.
(b) For purposes of this section, the district has all of
the powers of a municipality under Chapter 380, Local Government
Code.
Sec. 3837.106. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
[Sections 3837.107–3837.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec. 3837.151. 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 the district's money.
Sec. 3837.152. 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 rolls for Harris County and Galveston
County, as applicable.
Sec. 3837.153. AD VALOREM TAX. (a) If authorized at an
election held in accordance with Section 3837.157, the district may
impose an annual ad valorem tax on taxable property in the district
for any district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements, sites, or
appurtenances; or
(3) provide a service.
(b) The board shall determine the tax rate.
Sec. 3837.154. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
Sec. 3837.155. BONDS AND OTHER OBLIGATIONS; APPROVAL BY
CITY OF FRIENDSWOOD. (a) The district may issue bonds or other
obligations payable wholly or partly from taxes, assessments,
impact fees, revenue, grants, or other money of the district, or any
combination of those sources of money, to pay for any authorized
purpose of the district.
(b) The district may issue a bond or other obligation in the
form of a bond, note, certificate of participation or other
instrument evidencing a proportionate interest in payments to be
made by the district, or other type of obligation.
(c) The district must obtain the approval of the City of
Friendswood for the issuance of bonds or other obligations for any
improvement project.
Sec. 3837.156. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose 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; and
(2) the district annually shall impose the continuing
direct ad valorem tax on all taxable property in the district in an
amount sufficient to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
Sec. 3837.157. TAX AND BOND ELECTIONS. (a) The district
shall hold an election in the manner provided by Subchapter L,
Chapter 375, Local Government Code, to obtain voter approval before
the district imposes a maintenance tax or issues bonds payable from
ad valorem taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 3837.158. CITIES NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district.
Sec. 3837.159. COMPETITIVE BIDDING. (a) The competitive
bidding provisions of Subchapter I, Chapter 49, Water Code, apply
to the district for a contract to acquire or construct a water, a
wastewater, or a drainage or detention improvement. For all other
district contracts or projects, the competitive bidding
requirements that apply to a local government corporation created
under Chapter 431, Transportation Code, apply to the district.
(b) Subchapter K, Chapter 375, Local Government Code, does
not apply to the district.
[Sections 3837.160-3837.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 3837.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING
DEBT. (a) The board may dissolve the district regardless of
whether the district has debt. Section 375.264, Local Government
Code, does not apply to the district.
(b) If the district has debt when it is dissolved, the
district shall remain in existence solely for the purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
SECTION 2. BOUNDARIES. As of the effective date of this
Act, the West Ranch Management District includes all territory
contained in the following described area:
All of the following four tracts of land containing 765.31
acres, more or less, which are situated in Harris County and
Galveston County, Texas:
TRACT "A"
BEING 224.66 acres of land in the John Dickinson League, Abstract
Number 9, City of Friendswood, Galveston County, Texas and being
all of Lots 1 through 25, a portion of Lot 26, Lot 27, Lot 28, all of
Lots 29 through 38 and all of the land contained within the roads
adjoining the above said Lots of the Slone Subdivision, originally
recorded in Volume 254-A, Page 53 of the Galveston County Map
Records and transferred to Volume 13, Page 91 of the Galveston
County Map Records, and also being all of the unplatted portion of
the said Slone Subdivision lying north of Lots 1 through 11, south
of Chigger Bayou and south of Clear Creek as shown on the plat of the
said Slone Subdivision, said 224.66 acres being a portion of that
same property as described in deeds recorded under Clerk's File
Number 8900646 and 9305532 of the Official Public Records of Real
Property of Galveston County, Texas, said 224.66 acres being more
particularly described by metes and bounds as follows:
COMMENCING at a 4-inch Texas Department of Transportation brass
disk in concrete found for the most southerly corner of Century Oaks
Estates, a subdivision plat recorded under Volume 18, Page 547 of
the Galveston County Map Records, the southwest corner of a called
2.5 acre tract as described in a deed recorded under Volume 2563,
Page 690 of the Galveston County Deed Records and being in the north
right-of-way line of Farm-to-Market Road 518, as widened per deed
recorded in Volume 3215, Page 290 of the Galveston County Deed
Records;
THENCE N 18° 19' 12" E, a distance of 209.33 feet along the west line
of the said 2.5 acre tract and the east line of said Century Oaks
Estates to a 5/8-inch iron rod with a cap stamped "Brown & Gay" set
for corner and the POINT OF BEGINNING, and from which a 1/2-inch
iron rod found bears N 67° 13' W, 1.71 feet;
THENCE N 18° 19' 12" E, a distance of 89.56 feet along the east line
of said Century Oaks Estates to a railroad rail found for corner;
THENCE N 18° 28' 39" E, a distance of 1578.44 feet along the east
line of said Century Oaks Estates to a 2-inch iron pipe found for
angle point;
THENCE N 48° 14' 29" E, a distance of 39.94 feet along the east line
of said Century Oaks Estates to a 5/8-inch iron rod with a cap
stamped "Brown & Gay" set for angle point;
THENCE N 28° 35' 39" E, a distance of 40.14 feet to a point for corner
in the centerline of Chigger Creek;
THENCE the following courses and distances along the centerline of
said Chigger Creek, in a downstream direction:
S 63° 57' 50" E, a distance of 54.25 feet; thence S 51° 48' 11" E, a
distance of 94.50 feet; thence S 72° 43' 56" E, a distance of 46.71
feet; thence N 71° 33' 51" E, a distance of 168.92 feet; thence S 67°
55' 09" E, a distance of 79.85 feet; thence S 36° 39' 49" E, a
distance of 102.93 feet; thence S 13° 21' 09" E, a distance of 98.50
feet; thence S 04° 26' 03" W, a distance of 93.97 feet; thence N 47°
51 '01" E, a distance of 82.81 feet; thence N 28° 35' 46" E, a
distance of 36.63 feet; thence N 07° 33' 15" W, a distance of 138.78
feet; thence N 22° 51' 52" E, a distance of 56.44 feet; thence N 86°
33' 35" E, a distance of 49.07 feet; thence S 48° 31' 51" E, a
distance of 110.30 feet; thence S 36° 41' 13" E, a distance of 82.17
feet; thence S 17° 01' 24" E, a distance of 55.03 feet; thence S 01°
31' 04" W, a distance of 79.86 feet; thence S 57° 33' 57" E, a
distance of 47.66 feet; thence S 87° 43' 35" E, a distance of 109.88
feet; thence N 44° 59' 16" E, a distance of 26.88 feet; thence N 19°
07' 52" E, a distance of 55.71 feet; thence N 59° 31' 38" E, a
distance of 82.36 feet; thence S 79° 11' 24" E, a distance of 69.98
feet; thence S 57° 17' 10" E, a distance of 75.75 feet; thence S 45°
46' 07" E, a distance of 82.84 feet; thence S 79° 21' 24" E, a
distance of 90.35 feet; thence S 59° 06' 50" E, a distance of 118.77
feet; thence S 14° 16' 09" E, a distance of 266.96 feet; thence S 30°
06' 55" E, a distance of 180.77 feet; thence S 55° 37' 40" E, a
distance of 78.97 feet; thence N 85° 12' 02" E, a distance of 85.00
feet; thence N 41° 37' 31" E, a distance of 111.95 feet; thence N 62°
41' 17" E, a distance of 194.76 feet; thence N 71° 44' 52" E, a
distance of 128.27 feet; thence S 54° 36' 37" E, a distance of 98.50
feet; thence S 47° 09' 52" E, a distance of 112.80 feet; thence S 75°
48' 49" E, a distance of 258.64 feet; thence N 71° 22' 14" E, a
distance of 95.41 feet; thence N 51° 56' 39" E, a distance of 325.94
feet; thence N 63° 03' 28" E, a distance of 138.92 feet; thence N 74°
09' 26" E, a distance of 240.94 feet; thence N 53° 41' 57" E, a
distance of 179.61 feet; thence N 39° 17' 28" E, a distance of 255.30
feet; thence N 52° 10' 50" E, a distance of 480.46 feet to a point in
the centerline of Clear Creek;
THENCE the following courses and distances along the centerline of
said Clear Creek in a downstream direction:
N 83° 02' 44" E, a distance of 216.85 feet; thence S 81° 11' 31" E, a
distance of 221.42 feet;
THENCE S 31° 29' 04" W, departing the centerline of said Clear Creek
and at a distance of 200.00 feet pass a 5/8-inch iron rod with cap
stamped " Brown & Gay" set for reference in the west line of Rancho
Viejo Section One, a subdivision plat filed for record under Volume
15, Page 92 and Page 93 of the Galveston County Map Records, at a
distance of 3806.87 feet pass a southwest corner of said Rancho
Viejo Section One and continuing for a total distance of 4413.64
feet to a 3/4-inch iron rod found for corner in the north
right-of-way of said Farm-to-Market Road 518 (140-foot width);
THENCE N 66° 48' 50" W, a distance of 1474.06 feet to a 4-inch Texas
Department of Transportation brass disk in concrete found for the
beginning of a tangent curve to the right;
THENCE in a northwesterly direction along said curve to the right an
arc distance 1477.43 feet, having a radius of 2476.48 feet, a
central angle of 34°10'54" and a chord which bears N 49° 43' 23" W,
1455.61 feet to a 5/8-inch iron rod with cap stamped "Brown & Gay"
set for corner and being the southeast corner of the said 2.5 acre
tract, and from which a found 4-inch Texas Department of
Transportation brass disk in concrete bears S 88° 54' W, 1.07' and a
found 5/8-inch iron rod bears N 45° 13' W, 0.52;
THENCE N 23° 05' 10" E, departing the north right-of-way line of said
Farm-to-Market Road 518 and along the east line of the said 2.5 acre
tract a distance of 437.48 feet to a 5/8-inch iron rod with cap
stamped "Brown & Gay" set for corner, and from which a found
1/2-inch iron rod bears N 68° 30' W, 1.53 feet;
THENCE N 66° 44' 36" W a distance of 312.80 feet to POINT OF
BEGINNING and containing 224.70 acres of land.
SAVE AND EXCEPT the following 0.0367 acre tract of land:
Being a 0.0367 acre tract of land in the John Dickinson League,
Abstract Number 9, City of Friendswood, Galveston County, Texas and
being all of that certain 0.0367 acre tract of land described in a
deed recorded under Clerk's File Number 9636229 of the Official
Public Records of Galveston County, Texas, said 0.0367 acre tract
being more particularly described by metes and bounds as follows:
COMMENCING at a 4-inch Texas Department of Transportation brass
disk in concrete found for the most southerly corner of Century Oaks
Estates, a subdivision plat recorded under Volume 18, Page 547 of
the Galveston County Map Records, the southwest corner of a called
2.5 acre tract as described in a deed recorded under Volume 2563,
Page 690 of the Galveston County Deed Records and being in the north
right-of-way line of Farm-to-Market Road 518, as widened per deed
recorded in Volume 3215, Page 290 of the Galveston County Deed
Records;
THENCE N 18° 19' 12" E, a distance of 209.33 feet along the west line
of the said 2.5 acre tract and the east line of said Century Oaks
Estates to a 5/8-inch iron rod with a cap stamped "Brown & Gay" set
for corner and from which a 1/2-inch iron rod found bears N 67° 13'
W, 1.71 feet;
THENCE N 18° 19' 12" E, a distance of 89.56 feet along the east line
of said Century Oaks Estates to a railroad rail found for corner;
THENCE N 18° 28' 39" E, a distance of 196.40 feet along the east line
of said Century Oaks Estates to a point for corner;
THENCE S 71° 31' 21" E, a distance of 2654.33 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner and being the
POINT OF BEGINNING of the herein described 0.0367 acre tract;
THENCE N 68° 59' 31" E, a distance of 40.00 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner;
THENCE S 21° 00' 29" E, a distance of 40.00 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner;
THENCE S 68° 59' 31" W, a distance of 40.00 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner;
THENCE N 21° 00' 29" W, a distance of 40.00 feet to the POINT OF
BEGINNING and containing 0.0367 of an acre of land.
In conclusion, the herein described Tract "A", being 224.70 acres
of land, SAVE AND EXCEPT the herein described 0.0367 of an acre
tract of land out of the Tract "A" and comprising a total acreage of
224.66 acres of land.
Bearing orientation is based on the Texas State Plane Coordinate
System, South Central Zone NAD-83 and was derived by GPS (Global
Positioning System) measurements.
TRACT "B"
Being a 1.5678 acre tract of land and being a portion of Lots 27 and
28 of the of the Slone Subdivision, originally recorded in Volume
254-A, Page 53 of the Galveston County Map Records and transferred
to Volume 13, Page 91 of the Galveston County Map Records, said
1.5678 acres being the remainder of Lots 27 and 28 of the of the
Slone Subdivision lying south of Farm-to-Market Road 518 as widened
per deed recorded in Volume 3215, Page 290 of the Galveston County
Deed Records, and also being a portion of that same property as
described in deeds recorded under Clerk's File Number 8900646 and
9305532 of the Official Public Records of Real Property of
Galveston County, Texas, said 1.5678 acres of land being more
particularly described by metes and bounds as follows:
Tract "B" - 1.5678 Acres
BEGINNING at a 3/8-inch iron rod found for the southeast corner of a
called 2.4367 acres out of Lot "B" of the said Slone Subdivision and
as described in deed recorded under Clerk's File Number 8409880 of
the Official Public Records of Real Property of Galveston County,
Texas, and the southwest corner Lot 27 of the said Slone
Subdivision and in the north right-of-way line of Old Friendswood
Road (50-foot width) as shown on the plat of the said Slone
Subdivision;
THENCE N 23° 12' 45" E, a distance of 326.27 feet along the west line
of said Lot 27 and the east line of said Lot "B" to a 3/8-inch iron
rod found for corner in the south right-of-way line of said
Farm-to-Market Road 518 as widened per deed recorded in Volume
3215, Page 290 of the Galveston County Deed Records;
THENCE S 27° 31' 52" E, a distance of 273.88 feet along the south
right-of-way line of said Farm-to-Market Road 518 (width varies) to
a 5/8-inch iron rod with a cap stamped "Brown & Gay" set for the
beginning of a tangent curve to the left;
THENCE in a southeasterly direction along said curve to the left an
arc distance of 301.00 feet, having a radius of 1004.93 feet,
central angle of 17° 09' 41" and a chord which bears S 36° 06' 43" E,
299.88 feet to a 5/8-inch iron rod with a cap stamped "Brown & Gay"
set for corner and being the intersection of the said widened
Farm-to-Market Road 518 (width varies) with the north right-of-way
line of said Old Friendswood Road (50-foot width);
THENCE N 66° 47' 00"W, a distance of 469.99 feet along the north
right-of-way of said Old Friendswood Road (50-foot width) to the
POINT OF BEGINNING and containing 1.5678 acres of land.
Bearing orientation is based on the Texas State Plane Coordinate
System, South Central Zone NAD-83 and was derived by GPS (Global
Positioning System) measurement.
TRACT "C"
BEING 491.76 acres of land in the John Dickinson League, Abstract 9,
City of Friendswood, Galveston County, Texas and being Lots 53
through 58, Lots 60 through 63, a portion of Lot 64, Lots 74 through
102, Lots 104 through 116, Lots 119 through 125, Lots 128 through
142, Lots 145 through 157 of the Slone Subdivision, originally
recorded in Volume 254-A, Page 6 of the Galveston County Map Records
and transferred to Volume 3, Page 61A of the Galveston County Map
Records, the portion of Lots 158 through 170 of the said Slone
Subdivision being north of the south line of the John Dickinson
League, Abstract 9 as shown on the adjoining plat of Slone's Second
Subdivision filed for record in Volume 13, Page 93 of the Galveston
County Map Records, as described by the City of Friendswood, Texas
Ordinance No. 178 and monumented on the ground, and all of the area
contained within the roads of the said Slone Subdivision which
adjoin the above said Lots, except the area of road adjoining the
south line of Lot 125, the north line of Lot 145, that portion of the
road south of Lots 158, 159, and 160 and north of Lot 170 being of
the south line of the said John Dickinson League, Abstract 9, said
491.76 acres being a portion of that same property as described in
deeds recorded under Clerk's File Number 8900646 and 9305532 of the
Official Public Records of Real Property of Galveston County,
Texas, and all of the property described in Clerk's File Numbers
2001058454, 9607809, 9607810, 2001058452, 9416299, 9331194,
9439629, 9339033, 9338428, 9330747, 9906797, 9300437, and 9231217
of the Official Public Records of Real Property of Galveston
County, Texas, said 491.76 acres being described by metes and
bounds as follows:
BEGINNING at 2-inch iron pipe found for corner at the intersection
of the west line of the said John Dickinson League, Abstract 9 with
the south corner of the Sarah McKissick Survey, Abstract 151 and the
most easterly north corner of the Mary Fabreau Survey, Abstract 69
being an angle point the west line of Lot 108 of the said Slone
Subdivision, same also being the south corner of a 50-foot wide
strip of land dedicated to the City of Friendswood for roadway
purposes as shown on the plat of Falcon Ridge Section Three, a
subdivision plat filed for record under Volume 18, Page 282 of the
Galveston County Map Records;
THENCE N 41°43'46" E, along the east line of the said 50-foot roadway
and the west line of the said Slone Subdivision a distance of
1118.80 feet to a 5/8-inch iron rod found for corner and being the
southwest corner of a called 61.3567 acres described in a deed
recorded under Clerk's File Number 9441874 of the Official Public
Records of Real Property of Galveston County, Texas;
THENCE S 66°47'00" E, along the south line of the said 61.3567 acre
tract and the north line of a 30-foot wide roadway shown on the plat
of said Slone Subdivision a distance of 2054.04 feet to a 5/8-inch
iron rod found for the southwest corner of Lot 74 of said Slone
Subdivision;
THENCE N 23°13'00" E, along the east line of the said 61.3567 acre
tract, the east line of Lot 52, the west line of Lot 74 and Lot 53 of
the said Slone Subdivision a distance of 1846.66 feet to a 5/8-inch
iron rod with cap stamped "Brown & Gay" set for the northwest corner
of Lot 53, being in the south right-of-way line of Old Friendswood
Road (50-foot width) and from which a 1/2-inch iron rod found bears
N 22° 56' 27" E, 2.85 feet;
THENCE S 66°47'00" E, along the south line of Old Friendswood Road
(50-foot width) a distance of 847.01 feet to a 5/8-inch iron rod
with cap stamped "Brown & Gay" set for the beginning of a
non-tangent curve to the left and being the intersection of the
south right-of-way line of said Old Friendswood Road and the south
right-of-way line of Farm-to-Market Road 518 (width varies) as
widened per deed recorded in Volume 3215, Page 290 of the Galveston
County Deed Records;
THENCE in a southeasterly direction along said curve to the left an
arc distance of 219.55 feet, having a radius point which bears N 35°
42' 14" E, 1004.93 feet a central angle of 12°31'04" and a chord
which bears S 60°33'18" E, 219.12 feet to a 5/8-inch iron rod with
cap stamped "Brown & Gay" set for the end of the said curve to left;
THENCE S 66°48'50" E a distance of 339.17 feet along the south line
of said Farm-to-Market Road 518 (width varies) to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for the northeast corner of
Lot 58 of the said Slone Subdivision;
THENCE S 23°13'00" W, departing said Farm-to-Market Road 518
right-of-way, a distance of 907.78 feet along the east line of said
Lot 58 and the west line of Lot 59 of the said Slone Subdivision to a
5/8-inch iron rod with cap stamped "Brown & Gay" set for corner;
THENCE S 66°47'00" E, a distance of 234.00 feet along the south line
of Lot 59 to a 1-inch iron pipe found for the southeast corner of
said Lot 59;
THENCE N 23°13'00" E, a distance of 907.91 feet along the east line
of said Lot 59 and the west line of Lot 60 of the said Slone
Subdivision to a 5/8-inch iron rod with cap stamped "Brown & Gay"
set for the northwest corner of Lot 60 and being in the south
right-of-way line of said Farm-to-Market Road 518 (140-foot width);
THENCE S 66°48'50" E, a distance of 1188.89 feet along the south
right-of-way line of said Farm-to-Market Road 518 (140-foot width)
to a 5/8-inch iron rod with cap stamped "Brown & Gay" set for corner
and from which 1/2-inch iron rod found bears S 11° 52' W, 0.84 feet;
THENCE S 31°27'01" W, a distance of 918.00 feet along the west line
of a called 4.8476 acre tract of land described in a deed recorded
under Clerk's File Number 2001020091 of the Official Public Records
of Real Property of Galveston County, Texas to a 5/8-inch iron rod
with cap stamped "Brown & Gay" set for corner and from which a found
5/8-inch iron rod found bears N 38° 40' 38" E, 12.06 feet;
THENCE S 66°47'00" E, a distance of 234.19 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for corner and being in the
west line of Rancho Viejo Section Two, a subdivision plat filed
under Volume 15, Page 183-184 of the Galveston County Map Records;
THENCE S 31°27'01" W, a distance of 1881.19 feet along the east line
of said Slone Subdivision and the west line of said Rancho Viejo
Section Two, to a 3/4-inch iron pipe found for the southeast corner
of Lot 107 and the northeast corner of Lot 127 of the said Slone
Subdivision;
THENCE N 66° 47' 00" W, a distance of 554.37 feet along the north
line of Lot 126 and Lot 127 to a 5/8-inch iron rod found for the
northeast corner of Lot 125 and the northwest corner of Lot 126 of
the said Slone Subdivision;
THENCE S 23° 13' 00" W a distance of 915.90 feet along the east line
of said Lot 125 and the west line of said Lot 126 to a 3/8-inch iron
rod found for the southeast corner of said Lot 125 and the southwest
corner of said Lot 126 and being in the north line of a 30-foot wide
road right-of-way as shown on the plat of the said Slone
Subdivision;
THENCE N 66° 47' 00" W, a distance of 234.38 feet along the south
line of said Lot 125 and the north line of the last said 30-foot wide
road right-of-way to a 5/8-inch iron rod with cap stamped "Brown &
Gay" set for the southwest corner of said Lot 125;
THENCE S 23° 13' 00" W, a distance of 945.90 feet over and across the
last said 30-foot wide road right-of-way, along the east line of Lot
142 and the west line of Lot 143 of the said Slone Subdivision to a
5/8-inch iron rod with a cap stamped "Brown & Gay" set for the
southeast corner of said Lot 142;
THENCE S 66° 47' 00" E, along the south line of Lot 143 and Lot 144 of
the said Slone Subdivision, at a distance of 229.14 feet pass a
found 1/2-inch iron rod and continuing for a total distance of
468.00 feet to a 1/2-iron rod found for the southwest corner of Lot
145 and the southeast corner of Lot 144 of the said Slone
Subdivision corner;
THENCE N 23° 13' 00" E, a distance of 915.90 feet along the west line
of said Lot 145 and the east line of said Lot 144 to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for the northwest corner of
said Lot 145 in the south line of the last said 30-foot road
right-of-way, and from which a 3/8-inch iron found bears N 18° 38'
28" E, 3.91 feet;
THENCE S 66° 47' 00" E, a distance of 183.87 feet along the south
line of the last said 30-foot road right-of-way to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for the northeast corner of
said Lot 145 and being in the east line of said Slone Subdivision
and the west line of said Rancho Viejo Section Two;
THENCE S 31°27'01" W, at a distance of 141.19 feet pass a 1/2-inch
iron rod found for the southwest corner of said Rancho Viejo Section
Two and the northwest corner of a called 45.906 acre tract described
in a deed recorded under Clerk's File Number 9316733 of the Official
Public Records of Real Property of Galveston County, Texas,
continuing along the east line of the said Slone Subdivision and the
west line of the Slone Second Subdivision, a subdivision plat filed
for record under Volume 254A, Page 12 & 15 of the Galveston County
Map Records a total distance of 1589.22 feet to a 5/8-inch iron rod
with cap stamped "Brown & Gay" set for the southeast corner of the
herein described tract and being in the south line of the John
Dickinson League, Abstract 9 and the north line of the I & G. N.R.R
Company Survey No. 4, Abstract 608, and from which a found 1/2-inch
iron pipe bears N 86° 55' 50" E, 1.24 feet, and a 2-inch iron pipe
found for the southeast corner of the said Slone Subdivision bears S
31° 27' 01"W, 293.38 feet;
THENCE S 86° 55' 50" W, a distance of 3151.54 feet over and across
Lots 158 through 160, a 30-foot road and 170 through 162 of the said
Slone Subdivision and along the south line of the said John
Dickinson League, Abstract 9 and the north line of the I & G. N.R.R
Company Survey No. 4, Abstract 608, to a square iron axle found in
the west line of the said Slone Subdivision for the southwest corner
of the herein described tract and the southwest corner of the said
John Dickinson League, Abstract 9, and from which the southwest
corner of the said Slone Subdivision bears S 03° 05' 56" E, 284.94
feet;
THENCE N 03°05'56" W, along the west line of the said Slone
Subdivision, at a distance of 1323.08 feet pass a 1-inch iron pipe
found for the most easterly northeast corner of a called 97.00 acres
described in a deed recorded under Clerk's File Number 9705354 of
the Official Public Records of Real Property of Galveston County,
Texas, and continuing for a total distance of 4239.36 feet to the
POINT OF BEGINNING and containing 506.20 acres of land.
SAVE AND EXCEPT this 9.525 acre tract of land:
Being 9.525 acres of land situated in the John Dickinson League,
Abstract 9, City of Friendswood, Galveston County, Texas and being
all of Lots 117 and 118 of the Slone Subdivision, originally
recorded in Volume 254-A, Page 6 of the Galveston County Map Records
and transferred to Volume 3, Page 61A of the Galveston County Map
Records, said 9.525 acres being more particularly described by
metes and bounds as follows:
BEGINNING at a 1-1/2 inch iron pipe found for the northwest corner
of said Lot 117;
THENCE S 66° 47' 00" E, a distance of 453.00 feet to a 3/8-inch iron
rod found (disturbed) in the west line of a 30-foot road for the
northeast corner of said Lot 118;
THENCE S 23° 13' 00" W, a distance of 915.90 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for the southeast corner of
said Lot 118 in the north of a 30-foot road;
THENCE N 66° 47' 00" W, a distance of 453.00 feet to a 3/8-inch iron
found (disturbed) for the southwest corner of said Lot 117;
THENCE N 23° 13' 00" E, a distance of 915.90 feet to the POINT OF
BEGINNING and containing 9.525 acres of land.
SAVE AND EXCEPT this 4.920 acre of land:
Being 4.920 acres of land situated in the John Dickinson League,
Abstract 9, City of Friendswood, Galveston County, Texas and being
all of Lot 103 of the Slone Subdivision, originally recorded in
Volume 254-A, Page 6 of the Galveston County Map Records and
transferred to Volume 3, Page 61A of the Galveston County Map
Records, said 4.920 acres being more particularly described by
metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod found for the northwest corner of
Lot 126 of the said Slone Subdivision;
THENCE N 66° 47' 00" W, a distance of 234.38 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for the southeast corner of
said Lot 103 and the POINT OF BEGINNING;
THENCE N 66° 47' 00" W, a distance of 234.00 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for the southwest corner of
said Lot 103;
THENCE N 23° 13' 00" E, a distance of 915.90 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for the northwest corner of
said Lot 103;
THENCE S 66° 47' 00" E, a distance of 234.00 feet to a 5/8-inch iron
rod with cap stamped "Brown & Gay" set for the northeast corner of
said Lot 103;
THENCE S 23° 13' 00" W, a distance of 915.90 feet to the POINT OF
BEGINNING and containing 4.920 acres of land.
In conclusion, the herein described Tract "C", being 506.20 acres
of land, SAVE AND EXCEPT the herein described 9.525 acre tract and
the herein described 4.920 acre tract of land, said Tract "C"
comprising a total acreage of 491.76 acres of land.
Bearing orientation is based on the Texas State Plane Coordinate
System, South Central Zone NAD-83 and was derived by GPS (Global
Positioning System) measurements.
Tract "D"
BEING 47.32 acres of land situated in the John Dickinson League,
Abstract Number 15 and the Sarah McKissick Survey Abstract Number
549, Harris County, Texas, and being out of a called 128.897 acre
tract of land described in the deed to Autumn Creek Development,
Ltd., recorded under Harris County Clerk's File Number S953732,
said 47.32 acres being described by metes and bounds as follows:
BEGINNING at a point for the southeast corner of Autumn Creek
Section Nine, a subdivision as shown on the plat thereof recorded at
Film Code Number 497014 of the Harris County Map Records in the
westerly right-of-way line of West Bay Area Boulevard, (100-foot
wide right-of-way);
THENCE in a southeasterly direction with the westerly right-of-way
line of said West Bay Area Boulevard along said curve to the left
having an arc distance of 506.26 feet, a radius of 2,050.00 feet, a
central angle of 14° 08' 58" and a chord which bearing S 11° 37' 18"
E, 504.97 feet, to the point of tangency of said curve;
THENCE S 18° 41' 47" E, a distance of 248.04 feet with the westerly
right-of-way line of said West Bay Area Boulevard to a point at the
northeast corner of a called 1.7040 acre tract of land described by
a deed to the City of Friendswood, recorded under Harris county
Clerk's File Number K176284;
THENCE S 71° 18' 13" W, a distance of 100.65 with the northerly line
of said 1.7040 acre tract to a point at the northwest corner of said
1.7040 acre tract and the north corner of a called 20.2798 acre
tract described by deed to Gulf Coast Waste Disposal Authority,
recorded under Harris County Clerk's File Number P950404;
THENCE S 41° 47' 10" W, a distance of 1,519.76 feet with the
northwest line of said 20.2798 acre tract to a point for a corner;
THENCE N 65° 22' 41" W, a distance of 70.22 feet;
THENCE N 72° 32' 12" W, a distance of 253.55 feet;
THENCE N 89° 34' 51" W, a distance of 93.55 feet;
THENCE S 88° 46' 20" W, a distance of 93.87 feet;
THENCE N 75° 06' 28" W, a distance of 115.12 feet;
THENCE N 54° 31' 09" W, a distance of 67.47 feet;
THENCE N 41° 43' 46" E, a distance of 737.60 feet with the southeast
line of called 3.4 acre tract described by deed recorded in Volume
264, Page 548, of the Harris County Deed Records, to a point for a
corner;
THENCE N 48° 21' 15" W, a distance of 199.99 feet with the northeast
line of said 3.4 acre tract;
THENCE S 41° 43' 46" W, a distance of 709.88 feet with the northwest
line of said 3.4 acre tract;
THENCE N 20° 12' 20" W, a distance of 129.06 feet;
THENCE N 13° 26' 52" W, a distance of 91.03 feet;
THENCE N 07° 51' 30" W, a distance of 67.29 feet;
THENCE N 41° 43' 46" E, a distance of 554.47 feet with the southeast
line of a called 3.4 acre tract of land described by deed to Charles
Crady III, recorded under Harris County Clerk's File Number
C841669, to a point for a corner;
THENCE N 48° 13' 21" W, a distance of 319.44 feet with the northeast
line of said Charles Crady III tract to a point for a corner;
THENCE S 41° 43' 46" W, a distance of 327.16 feet with the west line
of said Charles Crady III tract, to the north high bank of Clear
Creek;
THENCE with the meanders of the northerly high bank of Clear Creek
the following courses and distances;
N 06° 15' 18" E, a distance of 128.87 feet; thence N 29° 33' 14" E, a
distance of 96.29 feet; thence N 35° 23' 39" E, a distance of 90.35
feet; thence N 54° 40' 40" E, a distance of 171.73 feet; thence N 65°
22' 42" E, a distance of 76.58 feet; thence N 70° 16' 39" E, a
distance of 165.74 feet; thence N 85° 37' 19" E, a distance of 133.13
feet; thence S 73° 47' 45" E, a distance of 47.39 feet; thence N 80°
52' 47" E, a distance of 106.09 feet; thence N 71° 30' 39" E, a
distance of 118.94 feet; thence N 63° 18' 34" E, a distance of 84.87
feet; thence N 44° 42' 37" E, a distance of 92.08 feet; thence N 39°
51' 29" E, a distance of 86.14 feet; thence N 29° 04' 19" E, a
distance of 50.03 feet to the southwest corner of said Autumn Creek
Section Nine;
THENCE with the south line of said Autumn Creek Section Nine the
following courses and distances;
S 24° 51' 52" E, a distance of 69.54 feet; thence S 06° 45' 46" E, a
distance of 87.56 feet; thence S 32° 26' 33" E, a distance of 85.50
feet; thence S 88° 37' 39" E, a distance of 14.86 feet; thence N 44°
06' 45" E, a distance of 112.42 feet; thence N 21° 44' 05" E, a
distance of 112.59 feet; thence N 56° 48' 17" E, a distance of 32.67
feet; thence S 79° 07' 55" E, a distance of 52.80 feet; thence S 63°
32' 53" E, a distance of 52.09 feet; thence S 49° 13' 34" E, a
distance of 37.53 feet; thence N 70° 39' 58" E, a distance of 39.78
feet; thence N 22° 49' 00" E, a distance of 57.03 feet; thence N 00°
17' 16" W, a distance of 29.48 feet; thence N 38° 11' 13" W, a
distance of 86.26 feet; thence N 18° 19' 44" E, a distance of 50.57
feet; thence N 03° 06' 21" W, a distance of 72.07 feet; thence N 67°
12' 26" E, a distance of 40.69 feet; thence S 55° 50' 39" E, a
distance of 76.98 feet; thence S 73° 56' 00" E, a distance of 36.58
feet; thence N 67° 59' 15" E, a distance of 41.85 feet; thence N 37°
54' 13" E, a distance of 106.81 feet; thence S 77° 38' 13" E, a
distance of 39.60 feet; thence S 41° 22' 10" E, a distance of 72.50
feet; thence S 34° 59' 04" E, a distance of 41.88 feet; thence N 84°
58' 55" E, a distance of 37.80 feet to the POINT OF BEGINNING and
containing 47.32 acres of land.
SECTION 3. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) proper and 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 by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) 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;
(3) 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; and
(4) 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. EFFECTIVE DATE. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1806 passed the Senate on
May 6, 2005, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1806 passed the House on
May 20, 2005, by the following vote: Yeas 139, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor