84(R) HB 4147 - Enrolled version

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	H.B. No. 4147

AN ACT

relating to the creation of Missouri City Management District

No. 1; providing authority to issue bonds; providing authority to

impose assessments, fees, or taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 3931 to read as follows:

CHAPTER 3931. MISSOURI CITY MANAGEMENT DISTRICT NO. 1

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3931.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Missouri City.

(3) "County" means Fort Bend County.

(4) "Director" means a board member.

(5) "District" means the Missouri City Management

District No. 1.

Sec. 3931.002. NATURE OF DISTRICT. The Missouri City

Management District No. 1 is a special district created under

Section 59, Article XVI, Texas Constitution.

Sec. 3931.003. 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, the

county, 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, safety, and the public

welfare in the district.

interpreted to relieve the city or the county from providing the

level of services provided as of the effective date of the Act

enacting this chapter to the area in the district. The district is

created to supplement and not to supplant city or county services

provided in the district.

Sec. 3931.004. 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.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and

commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3931.005. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake in the

field notes or in copying the field notes in the legislative process

does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 3931.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

All or any part of the area of the district is eligible to be

included in:

(1) a tax increment reinvestment zone created under

Chapter 311, Tax Code;

(2) a tax abatement reinvestment zone created under

Chapter 312, Tax Code;

(3) an enterprise zone created under Chapter 2303,

Government Code; or

(4) an industrial district created under Chapter 42,

Local Government Code.

Sec. 3931.007. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3931.008. CONSTRUCTION OF CHAPTER. This chapter shall

be liberally construed in conformity with the findings and purposes

stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3931.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of seven voting directors who serve staggered

terms of four years, with three or four directors' terms expiring

June 1 of each odd-numbered year.

(b) The board by resolution may change the number of voting

directors on the board if the board determines that the change is in

the best interest of the district. The board may not consist of

fewer than 5 or more than 11 voting directors.

Sec. 3931.052. APPOINTMENT OF VOTING DIRECTORS. The mayor

and members of the governing body of the city shall appoint voting

directors from persons recommended by the board. A person is

appointed if a majority of the members of the governing body,

including the mayor, vote to appoint that person.

Sec. 3931.053. NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

Sec. 3931.054. QUORUM. For purposes of determining the

requirements for a quorum of the board, the following are not

counted:

(1) a board position vacant for any reason, including

death, resignation, or disqualification;

(2) a director who is abstaining from participation in

a vote because of a conflict of interest; or

(3) a nonvoting director.

Sec. 3931.055. COMPENSATION. A director is entitled to

receive fees of office and reimbursement for actual expenses as

provided by Section 49.060, Water Code. Sections 375.069 and

375.070, Local Government Code, do not apply to the board.

Sec. 3931.056. INITIAL VOTING DIRECTORS. (a) The initial

board consists of the following voting directors:

Pos. No.

Name of Director

Scott Frasier

Todd Burrer

Anthony C. Francis

Jaime Virkus

Loveless Mitchel

Wilfred Green

Curtis Williams

(b) Of the initial directors, the terms of directors

appointed for positions one through four expire June 1, 2019, and

the terms of directors appointed for positions five through seven

expire June 1, 2017.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3931.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3931.102. IMPROVEMENT PROJECTS AND SERVICES. The

district may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service using any money available to the district, or contract with

a governmental or private entity to provide, design, construct,

acquire, improve, relocate, operate, maintain, or finance an

improvement project or service authorized under this chapter or

Chapter 375, Local Government Code.

Sec. 3931.103. DEVELOPMENT CORPORATION POWERS. The

district, using money available to the district, may exercise the

powers given to a development corporation under Chapter 505, Local

Government Code, including the power to own, operate, acquire,

construct, lease, improve, or maintain a project under that

chapter.

Sec. 3931.104. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec. 3931.105. AGREEMENTS; GRANTS. (a) As provided by

Chapter 375, Local Government Code, the district may make an

agreement with or accept a gift or grant from any person. The

district shall promptly notify the city of any gift or grant

accepted by the district.

(b) The implementation of a project is a governmental

function or service for the purposes of Chapter 791, Government

Code.

Sec. 3931.106. LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the county or the city, to provide law enforcement

services in the district for a fee.

Sec. 3931.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The

district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 3931.108. PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b) The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

necessary components of a street and are considered to be a street

or road improvement.

(d) The development and operation of the district's parking

facilities may be considered an economic development program.

Sec. 3931.109. ANNEXATION OF LAND. The district may annex

land as provided by Subchapter J, Chapter 49, Water Code.

Sec. 3931.110. APPROVAL BY CITY. (a) Except as provided

by Subsection (c), the district must obtain the approval of the city

for:

(1) the issuance of bonds;

(2) the plans and specifications of an improvement

project financed by bonds; and

(3) the plans and specifications of an improvement

project related to the use of land owned by the city, an easement

granted to or by the city, or a right-of-way of a street, road, or

highway.

(b) The district may not issue bonds until the governing

body of the city adopts a resolution or ordinance authorizing the

issuance of the bonds.

governing body of a capital improvements budget for a period not to

exceed five years, the district may finance the capital

improvements and issue bonds specified in the budget without

further approval from the city.

(d) The governing body of the city:

(1) is not required to adopt a resolution or ordinance

to approve plans and specifications described by Subsection (a);

and

(2) may establish an administrative process to approve

plans and specifications described by Subsection (a) without the

involvement of the governing body.

Sec. 3931.111. CONSENT OF CITY REQUIRED. The district may

not take any of the following actions until the city has consented

by ordinance or resolution to the creation of the district and to

the inclusion of land in the district:

(1) hold an election under Subchapter L, Chapter 375,

Local Government Code;

(2) impose an ad valorem tax;

(3) impose an assessment;

(4) issue bonds; or

(5) enter into an agreement to reimburse the costs of

facilities.

Sec. 3931.112. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

Sec. 3931.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of district money.

Sec. 3931.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.

The district may acquire, construct, finance, operate, or maintain

any improvement or service authorized under this chapter or Chapter

375, Local Government Code, using any money available to the

district.

Sec. 3931.153. PETITION REQUIRED FOR FINANCING SERVICES AND

IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by

the owners of a majority of the assessed value of real property in

the district subject to assessment according to the most recent

certified tax appraisal roll for the county.

Sec. 3931.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.

(a) The board by resolution may impose and collect an assessment

for any purpose authorized by this chapter in all or any part of the

district.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3931.201. ELECTIONS REGARDING TAXES AND BONDS.

(a) The district may issue, without an election, bonds, notes, and

other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 3931.203.

(b) The district must hold an election in the manner

provided by Subchapter L, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax or issue bonds payable from ad valorem taxes.

to the district.

(d) All or any part of any facilities or improvements that

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

Sec. 3931.202. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election held in accordance with Section 3931.201, the district may

impose an operation and maintenance tax on taxable property in the

district in accordance with Section 49.107, Water Code, for any

district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

district.

Sec. 3931.203. CONTRACT TAXES. (a) In accordance with

Section 49.108, Water Code, the district may impose a tax other than

an operation and maintenance tax and use the revenue derived from

the tax to make payments under a contract after the provisions of

the contract have been approved by a majority of the district voters

voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a

provision stating that the contract may be modified or amended by

the board without further voter approval.

Sec. 3931.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS

AND OTHER OBLIGATIONS. (a) The district may borrow money on terms

determined by the board. Section 375.205, Local Government Code,

does not apply to a loan, line of credit, or other borrowing from a

bank or financial institution secured by revenue other than ad

valorem taxes.

(b) The district may issue bonds, notes, or other

obligations payable wholly or partly from ad valorem taxes,

assessments, impact fees, revenue, contract payments, grants, or

other district money, or any combination of those sources of money,

to pay for any authorized district purpose.

bonds, notes, and other obligations provided by Section 49.4645,

Water Code, does not apply to the district.

Sec. 3931.205. TAXES FOR BONDS. At the time the district

issues bonds payable wholly or partly from ad valorem taxes, the

board shall provide for the annual imposition of a continuing

direct annual ad valorem tax, without limit as to rate or amount,

for each year that all or part of the bonds are outstanding as

required and in the manner provided by Sections 54.601 and 54.602,

Water Code.

Sec. 3931.206. CITY NOT REQUIRED TO PAY DISTRICT

OBLIGATIONS. Except as provided by Section 375.263, Local

Government Code, the city is not required to pay a bond, note, or

other obligation of the district.

SECTION 2. The Missouri City Management District No. 1

initially includes all territory contained in the following area:

TRACT 1

A METES & BOUNDS description of a certain 41.72 acre tract of

land situated in the H. Shropshire Survey 1/3 League, Abstract

No. 313 in Fort Bend County, Texas, being out of a called 565.1305

acre tract of land conveyed to Marhaba Partners Limited Partnership

by Special Warranty Deed recorded in Clerk's File No. 2001122130 of

the Fort Bend County Official Public Records of Real Property; said

41.72 acre tract being more particularly described as follows with

all bearings being based on the Texas Coordinate System, South

Central Zone, NAD 83;

COMMENCING at a found 3/4-inch iron rod (with cap stamped

"Cotton Surveying") in the southwest line of a called 82.741 acre

tract, Reserve A, Block 1 of Senior Road Tall Tower, plat of which

is recorded in Slide No. 1840B of the Fort Bend County Map Records,

from said iron rod a found 5/8-inch rod bears North 62°52'52" West,

412.26 feet;

THENCE, South 62°52'52" East, along the southwest line of said

Reserve A, at 0.16 feet passing a found 5/8-inch iron rod

(disturbed), continuing in all a total distance of 2225.38 feet

found 5/8-inch iron rod (with cap stamped "VTSM") being in the west

line of Fort Bend County Toll Road (right-of-way varies) recorded

in Clerk's File No. 2002112837 of the Fort Bend County Official

Public Records of Real Property, from said iron rod a found a found

5/8-inch iron rod bears North 02°49'05" West, 627.24 feet;

THENCE, along the west line of said Fort Bend County Toll

Road, the following seven (7) courses and distances:

1. South 02°49'05" East, 121.16 feet to a point at the

beginning of a curve to the left, from said point a found 5/8-inch

iron rod bears South 84°36'50" East, 0.4 feet;

2. Along the arc of said curve to the left having a

radius of 5879.60 feet, a central angle of 01°37'34", an arc length

of 166.87 feet, and a long chord bearing South 03°37'51" East,

166.86 feet to the POINT OF BEGINNING of the herein described tract;

3. Continuing along said curve to the left having a

radius of 5879.60 feet, a central angle of 09°51'34", an arc length

of 1011.77 feet, and a long chord bearing South 09°22'26" East,

1010.53 feet to a found 3/4-inch iron rod (with cap stamped "Cotton

Surveying");

4. South 02°50'47" East, 43.93 feet to a found 5/8-inch

iron rod at the beginning of a curve to the left;

5. Along the arc of said curve to the left having a

radius of 1453.39 feet, a central angle of 15°42'27", an arc length

of 398.45 feet, and a long chord bearing South 10°42'01" East,

397.20 feet to a found 5/8-inch iron rod at the beginning of

compound curve to the left;

6. Along the arc of said compound curve to the left

having a radius of 5929.60 feet, a central angle of 03°38'22", an arc

length of 376.65 feet, and a long chord bearing South 20°22'26"

East, 376.59 feet to a found 3/4-inch iron rod (with cap stamped

"Cotton Surveying"), from which a found 5/8-inch iron rod bears

North 03°52'05" East, 0.25 feet;

7. South 32°26'09" West, 63.40 feet to a found 3/4-inch

iron rod (with cap stamped "Cotton Surveying") in the north line of

Lake Olympia Parkway (called 100-feet wide) dedication of which is

described in Warranty Deed with Vendor's Lien recorded in Clerk's

File No. 200411056 of the Fort Bend County Official Public Records

of Real Property at the beginning of a non-tangent curve to the

right;

THENCE, along the north line of said Lake Olympia Parkway,

the following five (5) courses and distances:

1. Along the arc of said non-tangent curve to the right

having a radius of 1950.00 feet, a central angle of 03°14'44", an arc

length of 110.46 feet, and a long chord bearing South 88°46'43"

West, 110.44 feet to a found 3/4-inch iron rod (with cap stamped

"Cotton Surveying");

2. North 89°35'55" West, 120.00 feet to a found

5/8-inch iron rod at the beginning of a curve to the right;

3. Along the arc of said curve to the right having a

radius of 1150.00 feet, a central angle of 52°58'40", an arc length

of 1063.33 feet, and a long chord bearing North 63°06'34" West,

1025.86 feet to a found 3/4-inch iron rod;

4. North 36°37'19" West, 120.01 feet to a found

3/4-inch iron rod at the beginning of a curve to the left;

5. Along the arc of said curve to the left having a

radius of 2050.00 feet, a central angle of 24°46'42", an arc length

of 886.55 feet, and a long chord bearing North 49°00'36" West,

879.66 feet to a point for corner;

THENCE, North 65°32'32" East, 1695.44 feet to the POINT OF

BEGINNING, CONTAINING 41.72 acres of land in Fort Bend County,

Texas.

TRACT 2

A METES & BOUNDS description of a certain 25.35 acre tract of

land situated in the D. Bright League Survey, Abstract No. 13 in

Fort Bend County, Texas, being out of a called 40.787 acre tract of

land conveyed to Teahouse Beverage, Inc. by Deed without Warranties

recorded in Clerk's File No. 2013030020 of the Fort Bend County

Official Public Records of Real Property; said 25.35 acre tract

being more particularly described as follows with all bearings

being based on the Texas Coordinate System, South Central Zone, NAD

83;

BEGINNING at a set 5/8-inch iron rod (with cap stamped

"Cotton Surveying") at the southeast corner of said 40.787 acre

tract, common with the northeast corner of the remainder of a called

640 acre tract of land conveyed to Edward A. Palmer by Deed recorded

in Volume F, Page 219 and Volume 343, Page 483, both of the Fort Bend

County Deed Records, being in a west line of a called 280.740 acre

tract of land (Tract 1) conveyed to Memorial Herman Hospital System

by Substitute Trustee's Deed and Bill of Sale recorded in Clerk's

File No. 2011108901 of the Fort Bend County Official Public Records

of Real Property, from which a found 5/8-inch iron rod (with cap

stamped "Gary Bowes") bears South 87°25'38" West, 5.38 feet and a

found 3/4-inch iron rod (with cap stamped "Cotton Surveying") bears

South 02°31'08" East, 843.16 feet;

THENCE, South 87°25'38" West, along the south line of said

40.787 acre tract, common with the north line of the remainder of

said 640 acre tract, passing the northwest corner of the remainder

of said 640 acre tract, common with the northeast corner of Crescent

Oak Village at Lake Olympia Sec. 7, plat of which is recorded in

Slide No. 2334B of the Fort Bend County Plat Records, now along the

north line of said Crescent Oak Village at Lake Olympia Sec. 7,

981.63 feet to a point for corner in the center of Mustang Bayou,

from which a found 5/8-inch iron rod (with cap stamped "Gary Bowes")

bears South 87°25'38" West, 1697.00 feet;

THENCE, North 17°21'32" West, along the center of said Mustang

Bayou, 206.70 feet to a point for corner;

THENCE, North 14°24'28" West, continuing along the center of

said Mustang Bayou, 608.44 feet to a point for corner in the north

line of said 40.787 acre tract and the center of said Mustang Bayou,

at a southwest corner of the aforementioned 280.740 acre tract,

common with the southeast corner of a called 12.620 acre tract of

land conveyed to City of Missouri City by Warranty Deed recorded in

Volume 1943, Page 2541 of the Fort Bend County Deed Records, from

which a found 5/8-inch iron rod (with cap stamped "JT Jalibuk")

bears South 67°07'13" West, 987.26 feet;

THENCE, North 67°05'52" East, along the north line of said

40.787 acre tract, common with a south line of said 280.740 acre

tract, 1237.40 feet to a set 5/8-inch iron rod (with cap stamped

"Cotton Surveying") at the northeast corner of said 40.787 acre

tract, common with an interior corner of said 280.740 acre tract;

THENCE, South 02°31'08" East, along the east line of said

40.787 acre tract, common with a west line of said 280.740 acre

tract, 1225.26 feet to the POINT OF BEGINNING, CONTAINING 25.35

acres of land in Fort Bend County, Texas, as shown on Drawing

No. 8879 in the office of Cotton Surveying Company in Houston,

Texas.

TRACT 3

A METES & BOUNDS description of a certain 280.70 acre tract of

land situated in the H. Shropshire Survey, Abstract No. 313 and the

David Bright League Survey, Abstract No. 13 in Fort Bend County,

Texas, being all of a called 280.740 acre tract of land conveyed to

Memorial Herman Hospital System by Substitute Trustee's Deed and

Bill of Sale recorded in Clerk's File No. 2011108901 of the Fort

Bend County Official Public Records of Real Property; said 280.7

acre tract being more particularly described as follows with all

bearings being based on the Texas Coordinate System, South Central

Zone, NAD 83;

BEGINNING at a set 3/4-inch iron rod (with cap stamped

"Cotton Surveying") for the northeast corner of said 280.740 acre

tract, common with the northwest corner of a called 128.626 acre

tract of land conveyed to Richland Houston Tower, LLC by Special

Warranty Deed recorded in Clerk's File No. 2000025485 of the Fort

Bend County Official Public Records of Real Property, in the south

line of Quail Glen, plat of which is recorded in Slide No.'s 405B,

406A and 406B, all of the Fort Bend County Plat Records, from which

a found 1/2-inch iron rod bears South 67°41'59" East, 0.38 feet;

THENCE, South 40°04'17" East, along the east line of said

280.740 acre tract, common with the west line of said 128.626 acre

tract, 2128.84 feet to a set 3/4-inch iron rod (with cap stamped

"Cotton Surveying");

THENCE, South 41°56'11" East, continuing along said common

line, 3.85 feet to a found 5/8-inch iron rod at the southwest corner

of said 128.686 acre tract, common with the northwest corner of a

called 85.991 acre tract of land conveyed to American Tower, LP by

Special Warranty Deed recorded in Clerk's File No. 1999012142 of

the Fort Bend County Official Public Records of Real Property;

THENCE, South 47°19'50" East, along the east line of said

280.740 acre tract, common with a west line of said 85.991 acre

tract, 787.14 feet to a found 5/8-inch iron rod;

THENCE, South 40°09'26" West, along a south line of said

280.740 acre tract, common with a north line of said 85.991 acre

tract, 1715.36 feet to a found 5/8-inch iron rod;

THENCE, South 62°50'07" East, continuing along said common

line, 412.16 feet to a found 5/8-inch iron rod at the southeast

corner of said 280.740 acre tract, common with the north corner of a

called 110.884 acre tract of land conveyed to M.V. McCarthy by

Substitute Trustee's Deed recorded in Clerk's File No. 2011054594

of the Fort Bend County Official Public Records of Real Property;

THENCE, South 63°20'09" West, along the south line of said

280.740 acre tract, common with the north line of said 110.884 acre

tract, 2304.15 feet to a found 3/4-inch iron rod (with cap stamped

"Cotton Surveying") at the northwest corner of said 110.884 acre

tract, common with the southeast corner of Crescent Oak Village at

Lake Olympic Sec. 7, plat of which is recorded in Slide No. 2334B of

the Fort Bend County Plat Records;

THENCE, North 02°31'08" West, along the west line of said

280.740 acre tract, common with the east line of said Crescent Oak

Village at Lake Olympia Sec. 7, a remainder of a called 640 acre

tract of land conveyed to Edward A. Palmer recorded in Volume F,

Page 219 and Volume 343, Page 483, both of the Harris County Map

Records, passing a found 5/8-inch iron rod at a distance of 843.15

feet, 5.30 feet left, and along a called 40.787 acre tract of land

conveyed to Teahouse Beverage, Inc. by Deed without Warranties

recorded in Clerk's File No. 2013030020 of the Fort Bend County

Official Public Records of Real Property, 2068.42 feet to a set

3/4-inch iron rod (with cap stamped "Cotton Surveying") at an

interior corner of said 280.740 acre tract, common with the

northwest corner of said 40.787 acre tract;

THENCE, South 67°05'52" West, along a south line of said

280.740 acre tract, common with the north line of said 40.787 acre

tract, 1237.40 feet to the southeast corner of a called 12.620 acre

tract of land conveyed to City of Missouri City by Warranty Deed

recorded in Volume 1943, Page 2541 of the Fort Bend County Deed

Records;

THENCE, North 21°48'08" West, along a west line of said

280.740 acre tract, common with the east line of said 12.620 acre

tract, 226.10 feet to a point for corner;

THENCE, North 26°10'50" West, continuing along said common

line and then along the east line of Glen Lakes Lane (80 feet

right-of-way) no dedication found, 183.34 feet to a point for

corner;

THENCE, North 15°11'03" West, along the west line of said

280.740 acre tract, common with the east line of said Glen Lakes

Lane and then along the east line of a called 36.599 acre tract of

land conveyed to the City of Missouri City by Warranty Deed recorded

in Volume 1943, Page 2541 of the Fort Bend County Official Public

Records of Real Property, 759.72 feet to a point at the beginning of

a curve to the right;

THENCE, along the west line of said 280.740 acre tract,

common with the east line of said 36.599 acre tract and then along

the east line of a called 47.884 acre tract of land conveyed to the

City of Missouri City by Warranty Deed recorded in Volume 1929, Page

1217 of the Fort Bend County Deed Records, and along the arc of said

curve to the right having a radius of 650.00 feet, a central angle

of 34°22'27", an arc length of 389.96 feet, and a long chord bearing

North 02°00'10" East, 384.14 feet to a point for corner;

THENCE, along the west line of said 280.740 acre tract,

common with the east line of said 47.884 acre tract, the following

seven (7) courses and distances:

1. North 19°11'24" East, 260.36 feet to a point at the

beginning of a curve to the left;

2. Along the arc of said curve to the left having a

radius of 650.00 feet, a central angle of 16°55'17", an arc length of

191.97 feet, and a long chord bearing North 10°43'45" East, 191.27

feet to a point for corner;

3. North 02°16'07" East, 376.57 feet to a point at the

beginning of a curve to the right;

4. Along the arc of said curve to the right having a

radius of 480.00 feet, a central angle of 65°39'52", an arc length of

550.11 feet, and a long chord bearing North 35°06'03" East, 520.49

feet to a point for corner;

5. North 67°55'59" East, 138.16 feet to a point at the

beginning of a curve to the left;

6. Along the arc of said curve to the left having a

radius of 320.00 feet, a central angle of 36°02'18", an arc length of

201.28 feet, and a long chord bearing North 49°54'50" East, 197.97

feet to a point for corner;

7. North 31°53'41" East, 134.19 feet to a point in the

north line of said 280.740 acre tract, common with the south line of

Thunderbird North, plat of which is recorded in Slides 187A, 187B

and 188A, all of the Fort Bend County Plat Records;

THENCE, North 86°45'39" East, along said common line, and then

along the south line of the aforementioned Quail Glen, in all a

total distance of, 1644.89 feet to the POINT OF BEGINNING,

CONTAINING 280.7 acres of land in Fort Bend County, Texas, as shown

on Drawing No. 8878 in the office of Cotton Surveying Company in

Houston, Texas.

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.

its recommendations relating to this Act with the governor,

lieutenant governor, and 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 have been

fulfilled and accomplished.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2015.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 4147 was passed by the House on May

12, 2015, by the following vote: Yeas 142, Nays 2, 2 present, not

voting; and that the House concurred in Senate amendments to H.B.

No. 4147 on May 27, 2015, by the following vote: Yeas 140, Nays 0,

2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 4147 was passed by the Senate, with

amendments, on May 25, 2015, by the following vote: Yeas 30, Nays

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor