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                                                                  S.B. No. 1873




AN ACT
relating to the creation of the Fort Bend County Municipal Utility District No. 167; providing authority to impose taxes and issue bonds; granting the power of eminent domain. 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 8142 to read as follows:
CHAPTER 8142. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT
NO. 167
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8142.001. DEFINITIONS. In this chapter: (1) "Board" means the board of directors of the district. (2) "City" means the City of Rosenberg, Texas. (3) "County" means Fort Bend County. (4) "Director" means a member of the board. (5) "District" means the Fort Bend County Municipal Utility District No. 167. Sec. 8142.002. NATURE OF DISTRICT. The district is a municipal utility district in Fort Bend County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. Sec. 8142.003. CONFIRMATION ELECTION REQUIRED. The board shall hold an election to confirm the creation of the district as provided by Section 49.102, Water Code. Sec. 8142.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) 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 Section 52, Article III, and Section 59, Article XVI, Texas Constitution. (b) The district is created to accomplish: (1) the same purposes as a municipal utility district as provided by Section 54.012, Water Code; and (2) the construction, acquisition, improvement, maintenance, or operation of macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, to the extent authorized by Section 52, Article III, Texas Constitution. Sec. 8142.005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter. (b) The boundaries and field notes contained in Section 2 of the Act creating 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 or collect an assessment or tax; or (4) legality or operation.
[Sections 8142.006-8142.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8142.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors. (b) Except as provided by Section 8142.053, directors serve staggered four-year terms. Sec. 8142.052. ELECTION OF DIRECTORS. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected. Sec. 8142.053. INITIAL DIRECTORS. (a) The initial board consists of: (1) Lisa Prejean; (2) Yvonne Cummins; (3) James Swanson; (4) Deana Day; and (5) Jerry Schultza. (b) The terms of the first three directors named in Subsection (a) expire on the uniform election date in May of 2006, and the terms of the last two directors named in Subsection (a) expire on the uniform election date in May of 2008. (c) This section expires September 1, 2009.
[Sections 8142.054-8142.100 reserved for expansion]
SUBCHAPTER C. GENERAL POWERS AND DUTIES
Sec. 8142.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created. Sec. 8142.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution. Sec. 8142.103. ROAD PROJECTS. The district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, inside the district. Sec. 8142.104. MUNICIPAL OR COUNTY CONSENT AND STANDARDS. (a) The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution. If the district is located outside the extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by ordinance or resolution. (b) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located. If the district is located outside the extraterritorial jurisdiction of a municipality, a road project must meet all applicable construction standards, zoning and subdivision requirements, and regulatory ordinances of each county in which the district is located. Sec. 8142.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section 54.016, Water Code, the district shall comply with all applicable requirements of any ordinance or resolution adopted by the city council of the City of Rosenberg that consents to the creation of the district or to the inclusion of lands within the district. Sec. 8142.106. LIMITATION ON USE OF EMINENT DOMAIN. The district may exercise the power of eminent domain outside the district only to acquire an easement necessary for underground water, sewage, or drainage facilities that serve the district.
[Sections 8142.107-8142.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8142.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from any lawful source other than ad valorem taxation. (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 a maintenance tax or issue bonds payable from ad valorem taxes. Sec. 8142.152. AD VALOREM TAX. (a) If authorized at an election held under Section 8142.151, the district may impose an annual ad valorem tax on taxable property in the district for the provision of services or for the maintenance and operation of the district, including the improvements constructed or acquired by the district. (b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.
[Sections 8142.153-8142.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8142.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose. (b) In exercising the district's borrowing power, 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 may not issue bonds to finance projects authorized by Section 8142.103 unless the issuance is approved by a vote of a two-thirds majority of the voters of the district voting at an election called for that purpose. (d) Bonds or other obligations issued or incurred to finance projects authorized by Section 8142.103 may not exceed one-fourth of the assessed value of the real property in the district. Sec. 8142.202. 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 an 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. 8142.203. CERTAIN AUTHORITY OF TEXAS COMMISSION ON ENVIRONMENTAL QUALITY NOT APPLICABLE. Sections 49.181 and 49.182, Water Code, do not apply to a road project undertaken by the district or to bonds issued by the district to finance the project. SECTION 2. The Fort Bend County Municipal Utility District No. 167 initially includes all the territory contained in the following area: TRACT 1: 121.81 acres in the Jane H. Long League, Abstract No. 55, and the Simon Jones Survey, Abstract No. 271, City of Rosenberg, Fort Bend County, Texas A FIELD NOTE DESCRIPTION of 121.81 acres of land in the Jane H. Long League, Abstract No. 55 and in the Simon Jones Survey, Abstract No. 271, City of Rosenberg, Fort Bend County, Texas; said 121 .81 acre tract being out of Reserve "H" and all of Reserve "K", Block 4, The Villages At Rosenberg, according to the map or plat recorded under Slide No. 1954 A&B of the Fort Bend County Plat Records; said tract being more particularly described by metes and bounds as follows with the bearings being based on Texas State Plane Coordinate System, South Central Zone (NAD83) per GPS Observations on May 07, 2004 using National Geodetic Survey Continuously Operating Reference Stations: BEGINNING at a 2-inch iron pipe found in the northeasterly right-of-way line of Reading Road (60 feet wide) for a westerly corner of said Reserve "H" and for a westerly corner of this tract; THENCE; North 22° 17' 11" East - 1,438.33 feet (called North 22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort Bend Business Center according to the map or plat recorded under Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch iron pipe found for an angle point of this tract; THENCE; North 22° 13' 39" East - 1,438.40 (called North 22° 12' 40" East) with the southeasterly line of a called 49.6426 acre tract of land described as "Tract B" conveyed to Nancy McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records and with the southeasterly line of a called 49.6426 acre tract of land described as "Tract A" conveyed to Thelma McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records to a 2-inch iron pipe found for an interior corner of this tract; THENCE; North 68° 04' 11" West - 545.57 feet (called North 68° 03' 27" West - 545.08 feet) with the northeasterly line of said "Tract A" to a 3/4-inch iron rod found for a westerly corner of this tract; THENCE; North 21° 41' 06" East - 1,979.04 feet (called North 21° 41' 49" East - 1,978.77 feet) with the southeasterly line of a called 115.7247 acre tract of land conveyed to C.E. Myska, Trustee, as recorded in Volume 934, Page 66 of the Fort Bend County Deed Records to a 5/8-inch iron rod with cap set for the northerly corner of this tract; THENCE; South 37° 02' 26" East - 3,374.42 feet (called South 37° 01' 19" East) with the southwesterly right-of-way line of the Gulf Coast & Santa Fe Railway Company right-of-way, as recorded in Volume 75, Page 312 of the Fort Bend County Deed Records to point for an easterly corner of this tract; THENCE; South 52° 42' 48" West - 974.91 feet (called South 52° 43' 31" West) with the northwesterly line of Reserve "D" of said The Villages At Rosenberg to a 5/8-inch iron rod with cap set for an angle point of this tract; THENCE; South 62° 39' 13" West - 1,205.30 feet (called South 62° 38' 30" West - 1,205.22 feet) with the northwesterly line of Reserve "E" and Reserve "F" of said The Villages At Rosenberg to a cut "x" in concrete found for a point-of-curvature; THENCE; in an easterly direction with the northerly line of said Reserve "F" and Reserve "G" of said The Villages At Rosenberg and with said curve to the right having a radius of 100.00 feet, a central angle of 50° 13' 34", a length of 87.66 feet and a chord bearing South 87° 46' 00" West - 84.88 feet to a cut "x" in concrete found for a point-of-tangency for this tract; THENCE; North 67° 07' 14" West - 206.27 feet with the northeasterly line of said Reserve "G" to a cut "x" in concrete found for a southwesterly corner of this tract; THENCE; North 22° 52' 43" East - 838.38 feet (called north 22° 52' 24" East - 838.44 feet) with the southeasterly line of Reserve "A", The Villages At Rosenberg, Section 2, according to the map or plat recorded under Slide No. 2214B; of the Fort Bend County Plat Records conveyed to Rosenberg Venture LTD., as recorded under Fort Bend County Clerk's File No. 2001119747 to a 5/8-inch iron rod found for an interior corner of this tract; THENCE; North 63° 20' 55" West - 400.66 feet (called North 63° 21' 05" West - 400.66 feet) with the northeasterly line of said Reserve "A" to a point for an interior corner of this tract; THENCE; South 61° 07' 04" West - 71.39 feet (called South 61° 06' 54" West - 71.39 feet) with a northwesterly line of said Reserve "A" to an angle point of this tract; THENCE; North 72° 59' 22" West - 163.95 feet (called North 73° 06' 44" West - 163.98 feet) with a northeasterly line of said Reserve "A" to a hole punch in reinforced concrete pipe found for an angle point of this tract; THENCE; North 51° 19' 13" West - 19.63 feet (called North 50° 17' 30" West - 19.67 feet) with a northeasterly line of said Reserve "A" to a 5/8-inch iron rod found for an angle point of this tract; THENCE; North 22° 12' 51" East - 55.94 feet (called North 22° 12' 40" East - 55.84 feet) with the southeasterly right-of-way line of Vista Drive (60 feet wide) according to the map or plat recorded under Slide No. 2214 B of the Fort Bend County Plat Records to a 5/8-inch iron rod with cap set for an interior corner of this tract; THENCE; North 67° 47' 09" West - 60.00 feet to a 5/8–inch iron rod with cap set for an interior corner of this tract; THENCE; South 22° 12' 51" West - 767.88 feet (called South 22° 12' 40" West - 761.21 feet) with the northwesterly right-of-way line of said Vista Drive to a point for an angle point of this tract; THENCE; South 22° 17' 31" West - 1,416.44 feet (called South 22° 16' 48" West - 1,423.85 feet) with the northwesterly right-of-way line of said Vista Drive to a 5/8-inch iron rod with cap set for the easterly end of a cutback at the intersection of the northwesterly right-of-way line of said Vista Drive with the northeasterly right-of-way line of said Reading Road; THENCE; South 67° 34' 19" West - 21.11 feet (called South 67° 33' 28" West - 21,11 feet) with said cutback to a 5/8-inch iron rod with cap set for an angle point of this tract; THENCE; North 67° 08' 54" West - 84.71 feet (called North 67° 09' 53" West - 85.00 feet) with the northeasterly right-of-way line of said Reading Road to the POINT OF BEGINNING and containing 121.81 acres (5,306,130 square feet) of land. TRACT 2: 0.1377 acre in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet) of land in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being out of Reserve "H", Block 4, The Villages At Rosenberg, according to the map or plat recorded under Slide No. 1954 A&B of the Fort Bend County Plat Records; said tract being more particularly described by metes and bounds as follows with the bearings being based on Texas State Plane Coordinate System, South Central Zone (NAD83) per GPS Observations on May 07, 2004 using National Geodetic Survey Continuously Operating Reference Stations: COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the northeasterly right-of-way line of Reading Road (60 feet wide) for a southwesterly corner of said Reserve "H"; THENCE; North 22° 17' 11" East - 1,438.33 feet (called North 22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort Bend Business Center, according to the map or plat recorded under Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch iron pipe found; THENCE; North 22° 13' 39" East - 1,438.40 feet (called North 22° 12' 40" East) with the southeasterly line of a called 49.6426 acre tract of land described as "Tract B" conveyed to Nancy McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records, with the southeasterly line of a called 49.6426 acre tract of land described as "Tract A" conveyed to Thelma McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records and with the northwesterly line of said Reserve "H" to a 2-inch iron pipe found for corner, THENCE; South 68° 04' 11" East - 790.00 feet to a point for the southwesterly corner and POINT OF BEGINNING of this tract; THENCE; North 21' 55' 49" East - 100.00 feet to a point for the northwesterly corner of this tract; THENCE; South 68° 04' 11 " East - 60.00 feet to a point for the northeasterly corner of this tract; THENCE; South 21° 55' 49" West - 100.00 feet to a point for the southeasterly corner of this tract; THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF BEGINNING and containing 0.1377 acre (6,000 square feet) of land. TRACT 3: 0.1377 acre in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet) of land in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being out of Reserve "H", Block 4, The Villages At Rosenberg, according to the map or plat recorded under Slide No. 1954 A&B of the Fort Bend County Plat Records; said tract being more particularly described by metes and bounds as follows with the bearings being based on Texas State Plane Coordinate System, South Central Zone (NAD83) per GPS Observations on May 07, 2004 using National Geodetic Survey Continuously Operating Reference Stations: COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the northeasterly right-of-way line of Reading Road (60 feet wide) for a southwesterly corner of said Reserve "H"; THENCE; North 22° 17' 11" East- 1,438.33 feet (called North 22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort Bend Business Center, according to the map or plat recorded under Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2–inch iron pipe found; THENCE; North 22° 13' 39" East - 1,438.40 feet (called North 22° 12' 40" East) with the southeasterly line of a called 49.6426 acre tract of land described as "Tract B" conveyed to Nancy McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records, with the southeasterly line of a called 49.6426 acre tract of land described as "Tract A" conveyed to Thelma McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records and with the northwesterly line of said Reserve "H" to a 2-inch iron pipe found for corner, THENCE; South 68° 04' 11" East - 730.00 feet to a point for the southwesterly corner and POINT OF BEGINNING of this tract; THENCE; North 21° 55' 49" East - 100.00 feet to a point for the northwesterly corner of this tract; THENCE; South 68° 04' 11" East - 60.00 feet to a point for the northeasterly corner of this tract; THENCE; South 21° 55' 49" West - 100.00 feet to a point for the southeasterly corner of this tract; THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF BEGINNING and containing 0.1377 acre (6,000 square feet) of land. TRACT 4: 0.1377 acre in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet) of land in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being out of Reserve "H", Block 4, The Villages At Rosenberg, according to the map or plat recorded under Slide No. 1954 A&B of the Fort Bend County Plat Records; said tract being more particularly described by metes and bounds as follows with the bearings being based on Texas State Plane Coordinate System, South Central Zone (NAD83) per GPS Observations on May 07, 2004 using National Geodetic Survey Continuously Operating Reference Stations: COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the northeasterly right-of-way line of Reading Road (60 feet wide) for a southwesterly corner of said Reserve "H"; THENCE; North 22° 17' 11" East - 1,438.33 feet (called North 22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort Bend Business Center, according to the map or plat recorded under Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch iron pipe found; THENCE; North 22° 13' 39" East -1,438.40 feet (called North 22° 12' 40" East) with the southeasterly line of a called 49.6426 acre tract of land described as "Tract B" conveyed to Nancy McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records, with the southeasterly line of a called 49.6426 acre tract of land described as 'Tract A" conveyed to Thelma McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records and with the northwesterly line of said Reserve "H" to a 2-inch iron pipe found for corner; THENCE; South 68° 04' 11" East - 670.00 feet to a point for the southwesterly corner and POINT OF BEGINNING of this tract; THENCE; North 21° 55' 49" East - 100.00 feet to a point for the northwesterly corner of this tract; THENCE; South 68° 04' 11" East - 60.00 feet to a point for the northeasterly corner of this tract; THENCE; South 21° 55' 49" West - 100.00 feet to a point for the southeasterly corner of this tract; THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF BEGINNING and containing 0.1377 acre (6,000 square feet) of land. TRACT 5: 0.1377 acre in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet) of land in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being out of Reserve "H", Block 4, The Villages At Rosenberg, according to the map or plat recorded under Slide No. 1954 A&B of the Fort Bend County Plat Records; said tract being more particularly described by metes and bounds as follows with the bearings being based on Texas State Plane Coordinate System, South Central Zone (NAD83) per GPS Observations on May 07, 2004 using National Geodetic Survey Continuously Operating Reference Stations: COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the northeasterly right-of-way line of Reading Road (60 feet wide) for a southwesterly corner of said Reserve "H"; THENCE; North 22° 17' 11" East - 1,438.33 feet (called North 22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort Bend Business Center, according to the map or plat recorded under Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch iron pipe found; THENCE; North 22° 13' 39" East - 1,438.40 feet (called North 22° 12' 40" East) with the southeasterly line of a called 49.6426 acre tract of land described as "Tract B" conveyed to Nancy McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records, with the southeasterly line of a called 49.6426 acre tract of land described as "Tract A" conveyed to Thelma McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records and with the northwesterly line of said Reserve "H" to a 2-inch iron pipe found for corner; THENCE; South 68° 04' 11" East - 610.00 feet to a point for the southwesterly corner and POINT OF BEGINNING of this tract; THENCE; North 21° 55' 49" East - 100.00 feet to a point for the northwesterly corner of this tract; THENCE; South 68° 04' 11" East - 60.00 feet to a point for the northeasterly corner of this tract; THENCE; South 21° 55' 49" West - 100.00 feet to a point for the southeasterly corner of this tract; THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF BEGINNING and containing 0.1377 acre (6,000 square feet) of land. TRACT 6: 0.1377 acre in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas A FIELD NOTE DESCRIPTION of 0.1377 acre (6,000 square feet) of land in the Jane H. Long League, Abstract No. 55, City of Rosenberg, Fort Bend County, Texas; said 0.1377 acre tract being out of Reserve "H", Block 4, The Villages At Rosenberg, according to the map or plat recorded under Slide No. 1954 A&B of the Fort Bend County Plat Records; said tract being more particularly described by metes and bounds as follows with the bearings being based on Texas State Plane Coordinate System, South Central Zone (NAD83) per GPS Observations on May 07, 2004 using National Geodetic Survey Continuously Operating Reference Stations: COMMENCING FOR REFERENCE at a 2-inch iron pipe found in the northeasterly right-of-way line of Reading Road (60 feet wide) for a southwesterly corner of said Reserve "H"; THENCE; North 22° 17' 11" East - 1,438.33 feet (called North 22° 16' 48" East - 1,437.90 feet) with the southeasterly line of Fort Bend Business Center, according to the map or plat recorded under Slide No. 1461 B of the Fort Bend County Plat Records to a 1/2-inch iron pipe found; THENCE; North 22° 13' 39" East - 1,438.40 feet (called North 22° 12' 40" East) with the southeasterly line of a called 49.6426 acre tract of land described as "Tract B" conveyed to Nancy McFarlane Bonner, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records, with the southeasterly line of a called 49.6426 acre tract of land described as "Tract A" conveyed to Thelma McFarlane Zwiener, as recorded in Volume 1851, Page 424 of the Fort Bend County Deed Records and with the northwesterly line of said Reserve "H" to a 2-inch iron pipe found for corner; THENCE; South 68° 04' 11" East - 550.0,0 feet to a point for the southwesterly corner and POINT OF BEGINNING of this tract; THENCE; North 21° 55' 49" East - 100.00 feet to a point for the northwesterly corner of this tract; THENCE; South 68° 04' 11" East - 60.00 feet to a point for the northeasterly corner of this tract; THENCE; South 21° 55' 49" West - 100.00 feet to a point for the southeasterly corner of this tract; THENCE; North 68° 04' 11" West - 60.00 feet to the POINT OF BEGINNING and containing 0.1377 acre (6,000 square feet) of land. SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code. (b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality. (c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time. (d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished. SECTION 4. 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. 1873 passed the Senate on May 12, 2005, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendment on May 27, 2005, by the following vote: Yeas 29, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1873 passed the House, with amendment, on May 25, 2005, by the following vote: Yeas 144, Nays 0, two present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor