87(R) SB 2171 - Enrolled version

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	S.B. No. 2171




	AN ACT
	relating to the creation of the Harris County Municipal Utility
	District No. 579; granting a limited power of eminent domain;
	providing authority to issue bonds; providing authority to impose
	assessments, fees, and taxes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle F, Title 6, Special District Local Laws
	Code, is amended by adding Chapter 7927A to read as follows:
	CHAPTER 7927A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 579
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 7927A.0101. DEFINITIONS. In this chapter:
	(1) "Board" means the district's board of directors.
	(2) "Commission" means the Texas Commission on
	Environmental Quality.
	(3) "Director" means a board member.
	(4) "District" means the Harris County Municipal
	Utility District No. 579.
	Sec. 7927A.0102. NATURE OF DISTRICT. The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 7927A.0103. CONFIRMATION AND DIRECTOR ELECTION
	REQUIRED. The temporary directors shall hold an election to
	confirm the creation of the district and to elect five permanent
	directors as provided by Section 49.102, Water Code.
	Sec. 7927A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section
	7927A.0103 until each municipality in whose corporate limits or
	extraterritorial jurisdiction the district is located has
	consented by ordinance or resolution to the creation of the
	district and to the inclusion of land in the district.
	Sec. 7927A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
	(a) The district is created to serve a public purpose and benefit.
	(b) The district is created to accomplish the purposes of:
	(1) a municipal utility district as provided by
	general law and Section 59, Article XVI, Texas Constitution; and
	(2) Section 52, Article III, Texas Constitution, that
	relate to the construction, acquisition, improvement, operation,
	or maintenance of macadamized, graveled, or paved roads, or
	improvements, including storm drainage, in aid of those roads.
	Sec. 7927A.0106. INITIAL DISTRICT TERRITORY. (a) The
	district is initially composed of the territory described by
	Section 2 of the Act enacting this chapter.
	(b) The boundaries and field notes contained in Section 2 of
	the Act enacting this chapter form a closure. A mistake made in the
	field notes or in copying the field notes in the legislative process
	does not affect the district's:
	(1) organization, existence, or validity;
	(2) right to issue any type of bond for the purposes
	for which the district is created or to pay the principal of and
	interest on a bond;
	(3) right to impose a tax; or
	(4) legality or operation.
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 7927A.0201. GOVERNING BODY; TERMS. (a) The district
	is governed by a board of five elected directors.
	(b) Except as provided by Section 7927A.0202, directors
	serve staggered four-year terms.
	Sec. 7927A.0202. TEMPORARY DIRECTORS. (a) On or after the
	effective date of the Act enacting this chapter, the owner or owners
	of a majority of the assessed value of the real property in the
	district may submit a petition to the commission requesting that
	the commission appoint as temporary directors the five persons
	named in the petition. The commission shall appoint as temporary
	directors the five persons named in the petition.
	(b) Temporary directors serve until the earlier of:
	(1) the date permanent directors are elected under
	Section 7927A.0103; or
	(2) the fourth anniversary of the effective date of
	the Act enacting this chapter.
	(c) If permanent directors have not been elected under
	Section 7927A.0103 and the terms of the temporary directors have
	expired, successor temporary directors shall be appointed or
	reappointed as provided by Subsection (d) to serve terms that
	expire on the earlier of:
	(1) the date permanent directors are elected under
	Section 7927A.0103; or
	(2) the fourth anniversary of the date of the
	appointment or reappointment.
	(d) If Subsection (c) applies, the owner or owners of a
	majority of the assessed value of the real property in the district
	may submit a petition to the commission requesting that the
	commission appoint as successor temporary directors the five
	persons named in the petition. The commission shall appoint as
	successor temporary directors the five persons named in the
	petition.
	SUBCHAPTER C. POWERS AND DUTIES
	Sec. 7927A.0301. GENERAL POWERS AND DUTIES. The district
	has the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 7927A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
	DUTIES. The district has the powers and duties provided by the
	general law of this state, including Chapters 49 and 54, Water Code,
	applicable to municipal utility districts created under Section 59,
	Article XVI, Texas Constitution.
	Sec. 7927A.0303. AUTHORITY FOR ROAD PROJECTS. Under
	Section 52, Article III, Texas Constitution, the district may
	design, acquire, construct, finance, issue bonds for, improve,
	operate, maintain, and convey to this state, a county, or a
	municipality for operation and maintenance macadamized, graveled,
	or paved roads, or improvements, including storm drainage, in aid
	of those roads.
	Sec. 7927A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
	road project must meet all applicable construction standards,
	zoning and subdivision requirements, and regulations of each
	municipality in whose corporate limits or extraterritorial
	jurisdiction the road project is located.
	(b) If a road project is not located in the corporate limits
	or extraterritorial jurisdiction of a municipality, the road
	project must meet all applicable construction standards,
	subdivision requirements, and regulations of each county in which
	the road project is located.
	(c) If the state will maintain and operate the road, the
	Texas Transportation Commission must approve the plans and
	specifications of the road project.
	Sec. 7927A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
	ORDINANCE OR RESOLUTION. The district shall comply with all
	applicable requirements of any ordinance or resolution that is
	adopted under Section 54.016 or 54.0165, Water Code, and that
	consents to the creation of the district or to the inclusion of land
	in the district.
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
	Sec. 7927A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
	The district may issue, without an election, bonds and other
	obligations secured by:
	(1) revenue other than ad valorem taxes; or
	(2) contract payments described by Section
	7927A.0403.
	(b) The district must hold an election in the manner
	provided by Chapters 49 and 54, Water Code, to obtain voter approval
	before the district may impose an ad valorem tax or issue bonds
	payable from ad valorem taxes.
	(c) The district may not issue bonds payable from ad valorem
	taxes to finance a road project unless the issuance is approved by a
	vote of a two-thirds majority of the district voters voting at an
	election held for that purpose.
	Sec. 7927A.0402. OPERATION AND MAINTENANCE TAX. (a) If
	authorized at an election held under Section 7927A.0401, the
	district may impose an operation and maintenance tax on taxable
	property in the district in accordance with Section 49.107, Water
	Code.
	(b) The board shall determine the tax rate. The rate may not
	exceed the rate approved at the election.
	Sec. 7927A.0403. CONTRACT TAXES. (a) In accordance with
	Section 49.108, Water Code, the district may impose a tax other than
	an operation and maintenance tax and use the revenue derived from
	the tax to make payments under a contract after the provisions of
	the contract have been approved by a majority of the district voters
	voting at an election held for that purpose.
	(b) A contract approved by the district voters may contain a
	provision stating that the contract may be modified or amended by
	the board without further voter approval.
	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
	Sec. 7927A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
	OBLIGATIONS. The district may issue bonds or other obligations
	payable wholly or partly from ad valorem taxes, impact fees,
	revenue, contract payments, grants, or other district money, or any
	combination of those sources, to pay for any authorized district
	purpose.
	Sec. 7927A.0502. TAXES FOR BONDS. At the time the district
	issues bonds payable wholly or partly from ad valorem taxes, the
	board shall provide for the annual imposition of a continuing
	direct ad valorem tax, without limit as to rate or amount, while all
	or part of the bonds are outstanding as required and in the manner
	provided by Sections 54.601 and 54.602, Water Code.
	Sec. 7927A.0503. BONDS FOR ROAD PROJECTS. At the time of
	issuance, the total principal amount of bonds or other obligations
	issued or incurred to finance road projects and payable from ad
	valorem taxes may not exceed one-fourth of the assessed value of the
	real property in the district.
	SECTION 2. The Harris County Municipal Utility District No.
	579 initially includes all the territory contained in the following
	area:
	TRACT 1
	Fieldnotes for a 28.8628 acre tract of land out of the John
	Jones Survey, Abstract No. 481, in Harris County, Texas and being
	that same called 32.33 acre tract of land conveyed to Holly M. Sears
	as described in Correction Special Warranty Deed filed under
	County Clerk's File No. 20110064472 of the Real Property Records of
	Harris County, and being further that same tract of land conveyed to
	Wm. Kothmann as described in deed recorded in Volume 121 Pag e 146
	of the Deed Records of Harris County, said 28.8628 acres of land
	being more particularly described by metes and bounds as follows:
	COMMENCING at a 3/4 inch steel rod with cap found in the East
	line of the said Jones Survey and the West line of the Frederick
	Limsky Survey, Abstract No. 512, said point being the Southeast
	corner of that certain 35.268 acres tract of land conveyed to
	Crockett National Bank, as described in Substitute Trustee's Deed
	recorded under County Clerk's File No. 20110135 623 of the said
	Real Property Records, said point also being the most Easterly
	Northeast corner of that certain 256.0563 acre tract of land
	conveyed to Springwoods Realty Company, as described in deed
	recorded under County Clerk's File No. 20090229625 of the said
	Real Property Records;
	Thence, South 88°26' 19" West, 1365.50 feet with the South
	line of the said 35.268 acre tract and a Northerly line of the said
	256.0563 acre tract to a point for an interior ell corner of the
	said 256.0563 acre tract, said point also being the most Westerly
	Southwest corner of the said 35.268 acre tract;
	Thence, North 01°52'42" West, 87.01 feet with a Westerly line
	of the said 35.268 acre tract and an Easterly line of the said
	256.0563 acre tract to a 3/4 inch steel rod with cap set for the
	Southwest corner and PLACE OF BEGINNING for the herein described
	tract of land, said point also being an exterior ell corner of the
	said 35.268 acre tract;
	Thence, continuing with the Easterly line of the said
	256.0523 acre tract, North O l 0 52 ' 42" West, at 400.31 feet
	passing an exterior ell corner of the said 256.0523 acre tract and
	the Southeast corner of that certain 10.568 acre tract of land
	conveyed to White Oak Equities, LLC, as described in deed recorded
	under County Clerk's File No. 20110086533 of the said Real
	Property Records, and continuing with the East line of the said l
	0.568 acre tract, at 1499.25 feet passing a 3/4 inch steel rod with
	cap set for reference, and continuing in all, a total distance of
	1599.25 feet to a point in the centerline of Spring Creek for the
	Northwest corner of the here in described tract, said point also
	being the Northeast corner of the said 10.568 acre tract;
	Thence, with the centerline of said Spring Creek and in a
	general Easterly direction, the following courses and distances:
	South 60°38'52" East, 57.42 feet;
	South 83°28'57" East, 35.22 feet;
	South 84°44'53" East, 16.72 feet;
	North 79° 19' 04" East, 99.73 feet;
	North 61°35'46" East, 172.4 2 feet;
	North 48°25 ' 1 l" East, 148. 23 feet ;
	North 24°27' 26" East, 121.31 feet;
	North 16°53'57" East, 64.08 feet;
	North 20°58'58" West, 175.85 feet;
	North 27°11 ' 00" West, 70.20 feet;
	North 07°20'07" West, 96.62 feet;
	North 13°26'38" East, 59.77 feet;
	North 49°06'55" East, 48.34 feet;
	South 89°10' 04" East, 121.99 feet; and,
	South 41°47' 29" East, 112.17 feet to the Northeast corner of
	the herein described tract, said point also being the called most
	Northerly Northwest corner of the aforesaid 35.268 acre tract;
	Thence, South Ol0 40 ' 18" East with the West line of the
	said 35.268 acre tract, at l 00.00 feet passing a 3/4 inch steel rod
	with cap set for reference, and continuing in all, a total distance
	of 2245.35 feet (called 2192.27 feet in 35.268 acre deed) to a 1
	inch steel pipe found marking the Southeast corner of the herein
	described tract, said point being an interior ell corner of the said
	35.268 acre tract;
	Thence, South 88°30'4 4" West, 684.19 feet with a lower
	Northerly line of the said 35.268 acre tract to the PLACE OF
	BEGINNING and containing 28.8628 acres or 1,257,264 square feet of
	land, more or less.
	TRACT 2
	Field notes for 35.301 acres of land situated in the J. Jones
	Survey, Abstract No. 481, Harris County, Texas, described in deed
	dated April 5, 2011 conveyed to Crockett National Bank as recorded
	in File No. 20110135623 of the Official Public Records of Real
	Property of Harris County, Texas (O.P.R.R.P.H.C., TX.), said tract
	is being more particularly described by metes and bounds as
	follows: (bearings are referenced to the East line of the 30 Feet
	Access Easement being North 01° 53' 56" West as recorded under File
	No. 20120202269, O.P.R.R.P.H.C., TX.):
	BEGINNING at a 5/8-inch iron rod with cap "Rainwater" found
	at the northeast corner of a certain tract conveyed to Amber Hill,
	LLC as recorded in File No. 20080619683, O.P.R.R.P.H.C., TX. and
	the southeast corner of said Crockett National Bank tract and the
	herein described tract;
	THENCE South 88° 24' 14" West, along the north line of said
	Amber Hill, LLC tract, a distance of 1365.50 feet to a 5/8-inch iron
	rod with cap "Rainwater" (from which a found 5/8-inch iron rod with
	cap "Frontier" bears South 01° 53' 56" East, 9.06 feet) found at an
	interior line of a certain tract conveyed to Springwoods Realty
	Company as recorded in File No. 20090229625, O.P.R.R.P.H.C., TX for
	the northwest corner of said Amber Hill, LLC tract and the southwest
	corner of said Crockett National Bank tract and the herein
	described tract;
	THENCE North 01° 53' 56" West, along the interior line of said
	Springwoods Realty Company tract and the east line of the above
	referenced 30 feet Access Easement, a distance of 87.01 feet to a
	5/8-inch iron rod with cap "Frontier 2053" (from which a found
	5/8-inch iron rod bears North 85° 35' 25" East, 0.89 feet) found for
	the southwest corner of a certain tract conveyed to The Fern J. Lacy
	Revocable Living Trust as recorded in File No. T984330,
	20100195009, 20100195010, and 20110064472, O.P.R.R.P.H.C., TX and
	a corner of the herein described tract;
	THENCE North 88° 28' 44" East, along the south line of said The
	Fern J. Lacy Revocable Living Trust tract, a distance of 684.32 feet
	to an 1-inch iron pipe found for the southeast corner of said The
	Fern J. Lacy Revocable Living Trust tract and an ell corner of the
	herein described tract;
	THENCE North 01° 42' 03" West, along the east line of said The
	Fern J. Lacy Revocable Living Trust tract, at a distance of 2047.68
	feet pass a 3/4-inch iron rod with cap "Frontier" at 0.39 feet east,
	in all a distance of 2241.45 feet to the centerline of Spring Creek
	for the northeast corner of said The Fern J. Lacy Revocable Living
	Trust tract and the northwest corner of said Crockett National Bank
	tract and the herein described tract;
	THENCE downstream with the meanders of said Spring Creek as
	follows:
	1. South 41° 43' 35" East, a distance of 82.16 feet
	2. South 73° 23' 41" East, a distance of 88.39 feet
	3. North 80° 02' 45" East, a distance of 104.58 feet
	4. South 63° 54' 10" East, a distance of 176.37 feet
	5. South 02° 48' 03" East, a distance of 144.62 feet
	6. South 69° 13' 34" East, a distance of 121.26 feet
	7. North 30° 10' 20" East, a distance of 322.74 feet to a
	point for the northwest corner of a certain tract conveyed to
	Chrymirene Properties Co., Inc. and Springwoods Realty Company as
	recorded in File No. T146401, O.P.R.R.P.H.C., TX and the northeast
	corner of said Crockett National Bank tract and the herein
	described tract;
	THENCE South 01° 42' 03" East, along the west line of said
	Chrymirene Properties Co., Inc. and Springwoods Realty Company
	tract, at a distance of 213.91 feet pass a 3/4-inch iron rod with
	cap "Frontier", in all a distance of 2253.99 feet to the POINT OF
	BEGINNING and containing 35.301 acres.
	TRACT 3
	BEING 48.315 ACRES (2,104,590 SQUARE FEET) OF LAND SITUATED
	IN THE JOHN JONES SURVEY, ABSTRACT NO. 481, HARRIS COUNTY, TEXAS;
	SAID 48.315 ACRES OF LAND BEING ALL OF A CERTAIN TRACT OF LAND
	CONVEYED TO D. M. BEST COMPANY, INC., AS RECORDED IN FILE NO.
	20090321484 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF
	HARRIS COUNTY, TEXAS (O.P.R.R.P.H.C., TX.), A CERTAIN TRACT OF LAND
	CONVEYED TO VICTORIA BEST, AS RECORDED IN FILE NO. T058355,
	O.P.R.R.P.H.C., TX. AND A CERTAIN TRACT OF LAND CONVEYED TO MARK
	BRISTOL RUSSELL, AS RECORDED IN FILE NO. 20140367068,
	O.P.R.R.P.H.C., TX.; SAID 48.315 ACRES OF LAND BEING MORE
	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
	BEGINNING at a 5/8-inch iron rod with "Davis 4464" cap found
	in the end of Juniper Lane [width varies per Volume 5136, Page 396
	of the Harris County Deed Records (H.C.D.R.) and Harris County Road
	Log No. 4209001] for the northwest corner of a certain tract of land
	conveyed to Springwoods Realty, Inc., as recorded in File
	No. 20140581329, O.P.R.R.P.H.C., TX. and the southwest corner of
	said D. M. Best Company, Inc. tract and the herein described parcel
	(from which a found 3/4-inch iron rod with cap bears North 55°20'
	West, 0.1 feet);
	1) THENCE, North 01°06'30" West, along the west line of said
	D. M. Best Company, Inc. tract and the east line of said Juniper
	Lane, at a distance of 33.40 feet to the southeast corner of Lot 84,
	Mossy Oaks Section Two (unrecorded subdivision) and a certain tract
	of land conveyed to Patsy Marie Courtney, as recorded in File
	No. T655668, O.P.R.R.P.H.C., TX. and the northeast corner of said
	Juniper Lane, continuing along the west line of said D. M. Best
	Company, Inc. tract and the east line of said Lot 84 and said Patsy
	Marie Courtney tract, in all a distance of 315.08 feet to a 3/8-inch
	iron rod with "Landtech" cap set for the south corner of a boundary
	line agreement, as recorded in File No. 20140029653,
	O.P.R.R.P.H.C., TX. and a corner of the herein described parcel;
	2) THENCE, North 01°39'45" East, continuing along the east
	line of said boundary line agreement, a distance of 123.47 feet to a
	3/8-inch iron rod with "Landtech" cap set for the east corner of
	said boundary line agreement and a corner of the herein described
	parcel;
	3) THENCE, North 02°45'25" West, continuing along the east
	line of said boundary line agreement, a distance of 207.47 feet to a
	magnetic nail set in the west line of said Victoria Best tract and
	in the east right-of-way line of Mossy Oaks East Road (60.0 feet
	wide per Volume 3902, Page 54, H.C.D.R.) for the north corner of
	said boundary line agreement and a corner of the herein described
	parcel;
	4) THENCE, North 01°06'30" West, along the west line of said
	Victoria Best tract and the east right-of-way line of said Mossy
	Oaks East Road, a distance of 85.81 feet to a 3/8-inch iron rod with
	"Landtech" cap set in a curve to the right, the southeast corner of
	Lot 10, Mossy Oaks Section One (unrecorded subdivision) and said
	Mark Bristol Russell tract, the northeast corner of said Mossy Oaks
	East Road and an ell corner of the herein described parcel;
	5) THENCE, along the south line of said Lot 10 and said Mark
	Bristol Russell tract and the north right-of-way line of said Mossy
	Oaks East Road with said curve to the right, having a radius of
	759.02 feet, an arc length of 188.51 feet, a central angle of
	14°13'47", and a chord which bears South 46°14'33" West, 188.02 feet
	to a 3/8-inch iron rod with "Landtech" cap set for the southwest
	corner of said Mark Bristol Russell tract, the southeast corner of a
	certain tract of land conveyed to Gaines M. Watkins, and wife, Nancy
	B. Watkins, as recorded in File No. U517546, O.P.R.R.P.H.C., TX.
	and the most westerly southwest corner of the herein described
	parcel (from which a found 5/8-inch iron rod bears North 25°28'
	East, 3.0 feet, a found 3/8-inch iron rod bears South 79°09' West,
	3.8 feet and a found 1-1/4-inch iron pipe bears South 80°24' West,
	4.4 feet);
	6) THENCE, North 12°27'19" East, along the west line of said
	Mark Bristol Russell tract and the east line of said Gaines M.
	Watkins and wife, Nancy B. Watkins tract, a distance of 213.15 feet
	to a 1/2-inch iron rod found for a corner of the herein described
	parcel;
	7) THENCE, North 06°16'48" West, continuing along the west
	line of said Mark Bristol Russell tract and the east line of said
	Gaines M. Watkins and wife, Nancy B. Watkins tract, at a distance of
	542.68 feet to a 3/8-inch iron rod with "Landtech" cap set for a
	reference corner, continuing with a total distance of 667.49 feet
	to a point in the centerline of Spring Creek and in the south line of
	a certain tract of land conveyed to Montgomery County, Texas, as
	recorded in Document Nos. 201204859 and 2012050748 of the Official
	Public Records of Montgomery County, Texas (O.P.R.M.C., TX.) for
	the northwest corner of the herein described parcel;
	8) THENCE, meander along the centerline of said Spring Creek
	with the following courses:
	With said curve to the left, having a radius of 150.00 feet,
	an arc length of 8.25 feet, a central angle of 03°09'04", and a chord
	which bears North 45°09'08" East, 8.25 feet to a point;
	North 43°34'36" East, a distance of 99.60 feet to a point of
	curvature;
	With said curve to the left, having a radius of 100.00 feet,
	an arc length of 53.41 feet, a central angle of 30°35'55", and a
	chord which bears North 28°16'39" East, 52.77 feet to a point of
	curvature;
	With said curve to the right, having a radius of 150.00 feet,
	an arc length of 90.74 feet, a central angle of 34°39'32", and a
	chord which bears North 30°18'27" East, 89.36 feet to a point of
	curve for the northeast corner of said Mark Bristol Russell tract
	and the northwest corner of said Victoria Best tract;
	With said curve to the right, having a radius of 150.00 feet,
	an arc length of 26.98 feet, a central angle of 10°18'25", and a
	chord which bears North 52°47'29" East, 26.95 feet to a point;
	North 57°56'43" East, a distance of 109.91 feet to a point of
	curvature;
	With said curve to the left, having a radius of 100.00 feet,
	an arc length of 31.92 feet, a central angle of 18°17'21", and a
	chord which bears North 48°48'03" East, 31.79 feet to a point;
	North 39°25'06" East, a distance of 162.78 feet to a point for
	the northeast corner of said Victoria Best tract and the northwest
	corner of said D. M. Best Company, Inc. tract;
	North 39°40'08" East, a distance of 67.81 feet to a point of
	curvature;
	With said curve to the right, having a radius of 110.00 feet,
	an arc length of 321.17 feet, a central angle of 167°17'20", and a
	chord which bears South 56°41'37" East, 218.65 feet to a point;
	South 26°57'03" West, a distance of 110.00 feet to a point of
	curvature;
	With said curve to the left, having a radius of 100.00 feet,
	an arc length of 88.82 feet, a central angle of 50°53'27", and a
	chord which bears South 01°30'19" West, 85.93 feet to a point;
	South 23°56'24" East, a distance of 93.07 feet to a point of
	curvature;
	With said curve to the left, having a radius of 125.00 feet,
	an arc length of 218.38 feet, a central angle of 100°05'58", and a
	chord which bears South 73°59'23" East, 191.65 feet to a point;
	North 55°57'39" East, a distance of 105.14 feet to a point of
	curvature;
	With said curve to the left, having a radius of 100.00 feet,
	an arc length of 63.18 feet, a central angle of 36°11'59", and a
	chord which bears North 37°51'39" East, 62.14 feet to a point;
	North 19°45'41" East, a distance of 127.78 feet to a point of
	curvature;
	With said curve to the right, having a radius of 100.00 feet,
	an arc length of 108.70 feet, a central angle of 62°16'56", and a
	chord which bears North 50°54'09" East, 103.43 feet to a point;
	North 82°02'35" East, a distance of 128.31 feet to a point of
	curvature;
	With said curve to the left, having a radius of 200.00 feet,
	an arc length of 29.95 feet, a central angle of 08°34'47", and a
	chord which bears North 77°45'11" East, 29.92 feet to a point;
	North 71°53'11" East, a distance of 91.52 feet to a point of
	curvature;
	With said curve to the left, having a radius of 300.00 feet,
	an arc length of 97.62 feet, a central angle of 18°38'35", and a
	chord which bears North 62°33'53" East, 97.19 feet to a point;
	North 52°43'16" East, a distance of 75.08 feet to a point for
	the northwest corner of a certain tract of land conveyed to White
	Oak Equities, LLC, as recorded in File No. 20090587861,
	O.P.R.R.P.H.C., TX. and the northeast corner of said D. M. Best
	Company, Inc. tract and the herein described parcel;
	9) THENCE, South 01°52'51" East, along the west line of said
	White Oak Equities, LLC tract and the east line of said D. M. Best
	Company, Inc. tract, at a distance of 188.13 feet to a 3/4-inch iron
	rod with "Landtech" cap set for a reference corner, continuing at a
	distance of 797.60 feet to a 3/4-inch iron pipe found for the
	southwest corner of said White Oak Equities, LLC tract and the most
	easterly northwest corner of said Springwoods Realty, Inc. tract,
	continuing along the east line of said D. M. Best Company, Inc.
	tract and the west line of said Springwoods Realty, Inc. tract, in
	all a distance of 1514.20 feet to a 1/2-inch iron pipe found for an
	ell corner of said Springwoods Realty, Inc. tract and the southeast
	corner of said D. M. Best Company, Inc. tract and the herein
	described parcel (from which another found 1/2-inch iron rod with
	cap bears South 70°03' West, 3.8 feet);
	10) THENCE, South 71°40'18" West, along the north line of
	said Springwoods Realty, Inc. tract and the south line of said D. M.
	Best Company, Inc. tract, a distance of 1361.79 feet to the POINT OF
	BEGINNING and containing 48.315 acres (2,104,590 square feet) of
	land.
	Bearings are referenced to the 30 feet access easement being
	South 71°40'18" West, as recorded in File No 20120202269,
	O.P.R.R.P.H.C., TX.
	TRACT 4
	BEING 8.331 ACRES (362,877 SQUARE FEET) OF LAND SITUATED IN
	THE JOHN JONES SURVEY, ABSTRACT NO. 481, HARRIS COUNTY, TEXAS; SAID
	8.331 ACRES OF LAND BEING THE RESIDUE OF A CERTAIN TRACT OF LAND
	CONVEYED TO WHITE OAK EQUITIES, LLC, AS RECORDED IN FILE NOS.
	20090587861 AND 20110086533 OF THE OFFICIAL PUBLIC RECORDS OF REAL
	PROPERTY OF HARRIS COUNTY, TEXAS (O.P.R.R.P.H.C., TX.); SAID 8.331
	ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
	AS FOLLOWS:
	BEGINNING at a 5/8-inch iron rod with cap stamped "Rainwater"
	found in the west line of a certain tract of land conveyed to KAPA
	Spring 35 Series, LLC, as recorded in File No. 20140356975,
	O.P.R.R.P.H.C., TX. for a corner of a certain tract of land conveyed
	to Springwoods Realty, Inc., as recorded in File No. 20140581329,
	O.P.R.R.P.H.C., TX. and the southeast corner of said White Oak
	Equities, LLC tract and the herein described parcel (from which a
	found 1/2-inch iron pipe bears South 22° East, 2.1 feet);
	1) THENCE, South 87°57'48" West, along the north line of said
	Springwoods Realty, Inc. tract and the south line of said White Oak
	Equities, LLC tract, a distance of 320.48 feet to a 1/2-inch iron
	pipe found for an ell corner of said Springwoods Realty, Inc. tract
	and the most southerly southwest corner of said White Oak Equities,
	LLC tract and the herein described parcel;
	2) THENCE, North 01°49'06" West, along the east line of said
	Springwoods Realty, Inc. tract and the west line of said White Oak
	Equities, LLC tract, a distance of 715.66 feet to a 1/2-inch iron
	pipe found for a corner of said Springwoods Realty, Inc. tract and
	an ell corner of said White Oak Equities, LLC tract and the herein
	described parcel;
	3) THENCE, South 88°08'26" West, along the north line of said
	Springwoods Realty, Inc. tract and the south line of said White Oak
	Equities, LLC tract, a distance of 321.11 feet to a 3/4-inch iron
	pipe found in the east line of a certain tract of land conveyed to D.
	M. Best Company, Inc., as recorded in File No. 20090321484,
	O.P.R.R.P.H.C., TX. for a corner of said Springwoods Realty, Inc.
	tract and the most westerly southwest corner of said White Oak
	Equities, LLC tract and the herein described parcel;
	4) THENCE, North 01°52'51" West, along the east line of said
	D. M. Best Company, Inc. tract and the west line of said White Oak
	Equities, LLC tract, a distance of 189.73 feet to a 5/8-inch iron
	rod with cap stamped "LJA" found for the southwest corner of a
	certain tract of land conveyed to Harris County, Texas, as recorded
	in File No. RP-2016-334636, O.P.R.R.P.H.C., TX. and the northwest
	corner of the herein described parcel;
	5) THENCE, North 84°39'01" East, along the south line of said
	Harris County, Texas tract, a distance of 641.69 feet to a 3/8-inch
	iron rod with cap stamped "Landtech" set in the west line of said
	KAPA Spring 35 Series, LLC tract and in the east line of said White
	Oak Equities, LLC tract for the northeast corner of the herein
	described parcel (from which a found 5/8-inch iron rod with cap
	stamped "LJA" bears North 86° East, 2.0 feet);
	6) THENCE, South 01°53'56" East, along the west line of said
	KAPA Spring 35 Series, LLC tract and the east line of said White Oak
	Equities, LLC tract, a distance of 943.46 feet to the POINT OF
	BEGINNING and containing 8.331 acres (362,877 square feet) of land.
	Bearings are referenced to the 30 feet access easement being
	South 88°08'26" West, as recorded in File No 20120202269,
	O.P.R.R.P.H.C., TX.
	SECTION 3. (a) The legal notice of the intention to
	introduce this Act, setting forth the general substance of this
	Act, has been published as provided by law, and the notice and a
	copy of this Act have been furnished to all persons, agencies,
	officials, or entities to which they are required to be furnished
	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
	Government Code.
	(b) The governor, one of the required recipients, has
	submitted the notice and Act to the Texas Commission on
	Environmental Quality.
	(c) The Texas Commission on Environmental Quality has filed
	its recommendations relating to this Act with the governor, the
	lieutenant governor, and the speaker of the house of
	representatives within the required time.
	(d) All requirements of the constitution and laws of this
	state and the rules and procedures of the legislature with respect
	to the notice, introduction, and passage of this Act are fulfilled
	and accomplished.
	SECTION 4. (a) If this Act does not receive a two-thirds
	vote of all the members elected to each house, Subchapter C, Chapter
	7927A, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 7927A.0306 to read as
	follows:
	Sec. 7927A.0306. NO EMINENT DOMAIN POWER. The district may
	not exercise the power of eminent domain.
	(b) This section is not intended to be an expression of a
	legislative interpretation of the requirements of Section 17(c),
	Article I, Texas Constitution.
	SECTION 5. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2021.





	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 2171 passed the Senate on
	April 29, 2021, by the following vote: Yeas 31, Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 2171 passed the House on
	May 8, 2021, by the following vote: Yeas 109, Nays 30, two
	present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor