81R28200 SJM-F
By: Fletcher H.B. No. 4739
Substitute the following for H.B. No. 4739:
By: Berman C.S.H.B. No. 4739
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Improvement District
No. 13; providing authority to impose an assessment, impose a tax,
and issue bonds.
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 3881 to read as follows:
CHAPTER 3881. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 13
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3881.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Harris County Improvement
District No. 13.
Sec. 3881.002. NATURE OF DISTRICT. The Harris County
Improvement District No. 13 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3881.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Houston, Harris 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.
(c) This chapter and the creation of the district may not be
interpreted to relieve Harris 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 the county services provided in the
area in the district.
Sec. 3881.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, 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. 3881.005. 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 bond for the purposes
for which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3881.006. 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; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
Sec. 3881.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3881.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3881.009-3881.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3881.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three 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, but only if the board determines that the
change is in the best interest of the district. The board may not
consist of fewer than five or more than 15 voting directors.
Sec. 3881.052. APPOINTMENT OF DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3881.053. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Chris Taylor 1 Chris Taylor
1 Chris Taylor
2 Leanne Ross 2 Leanne Ross
2 Leanne Ross
3 Ryan Sweeney 3 Ryan Sweeney
3 Ryan Sweeney
4 Shane Herzog 4 Shane Herzog
4 Shane Herzog
5 Terry Taylor 5 Terry Taylor
5 Terry Taylor
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2011, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2013.
(c) Section 3881.052 does not apply to this section.
Sec. 3881.054. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3881.055. 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. 3881.056. 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.
[Sections 3881.057-3881.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3881.101. DEVELOPMENT CORPORATION POWERS. 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 described by that section.
Sec. 3881.102. 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 for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
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 Chapter 431,
Transportation Code, except that a board member is not required to
reside in the district.
Sec. 3881.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3881.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
SERVICES. To protect the public interest, the district may
contract with a qualified person, including Harris County or the
City of Houston, for the provision of law enforcement services in
the district for a fee.
Sec. 3881.105. 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. 3881.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one or
more programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality
under Chapter 380, Local Government Code.
Sec. 3881.107. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership with the City of Houston pursuant to Section 43.0751,
Local Government Code.
Sec. 3881.108. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
Sec. 3881.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
[Sections 3881.110-3881.150 reserved for expansion]
SUBCHAPTER D. PUBLIC PARKING FACILITIES
Sec. 3881.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY. (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:
(1) lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets; and
(2) equipment, entrances, exits, fencing, and other
accessories necessary for safety and convenience in parking
vehicles.
(b) A parking facility of the district may be leased to or
operated on behalf of the district by an entity other than the
district.
(c) The district's parking facilities are a program
authorized by the legislature under Section 52-a, Article III,
Texas Constitution.
(d) 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.
Sec. 3881.152. RULES. The district may adopt rules
governing the district's public parking facilities.
Sec. 3881.153. FINANCING OF PUBLIC PARKING FACILITIES. (a)
The district may use any of its resources, including revenue,
assessments, taxes, or grant or contract proceeds, to pay the cost
of acquiring or operating public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or
tolls for the use of the district's public parking facilities; and
(2) issue bonds or notes to finance the cost of the
district's public parking facilities.
[Sections 3881.154-3881.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 3881.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3881.202. 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. 3881.203. 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 Harris County.
Sec. 3881.204. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of mailing notice.
Sec. 3881.205. 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.
(c) The lien is effective from the date of the board's
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.
Sec. 3881.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
Sec. 3881.207. RESIDENTIAL PROPERTY. Section 375.161,
Local Government Code, does not apply to:
(1) a tax imposed by the district; or
(2) any payment required by the district for a service
provided by the district, including water and sewer services.
Sec. 3881.208. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section 3881.212,
the district may impose an annual 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.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3881.209. 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. 3881.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS. (a) The district may borrow money on terms and conditions
as 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, sales
and use 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.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations set forth in Section 49.4645,
Water Code, does not apply to the district.
Sec. 3881.211. 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,
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. 3881.212. 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 3881.209.
(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 sales and use tax or issue bonds payable from ad valorem
taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements which
may be acquired by a district by the issuance of its bonds may be
included in one single proposition to be voted on at the election or
the bonds may be submitted in several propositions.
Sec. 3881.213. COMPETITIVE BIDDING. Subchapter I, Chapter
49, Water Code, applies to the district. Sections 375.221 and
375.223, Local Government Code, do not apply to the district.
Sec. 3881.214. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
[Sections 3881.215-3881.250 reserved for expansion]
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3881.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3881.252. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the area defined or property designated under
Section 3881.251, the board must call and hold an election as
provided by Section 3881.212 only in the defined area or in the
boundaries of the designated property.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3881.253. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and by order shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 3881.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described in Section 3881.253,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3881.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
Section 3881.253 is adopted, the district may issue bonds to
provide for any land, improvements, facilities, plants, equipment,
and appliances for the defined area or designated property.
[Sections 3881.256-3881.300 reserved for expansion]
SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
Sec. 3881.301. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
district is a "water or sewer district" under Section 43.071, Local
Government Code.
(b) Section 43.075, Local Government Code, applies to the
district.
(c) Section 375.264, Local Government Code, does not apply
to the dissolution of the district by a municipality.
SECTION 2. Harris County Improvement District No. 13
initially includes all territory contained in the following area:
BEING 705.36 acres of land lying wholly within Harris County,
Texas consisting of TRACT "1": A 400.03 acre tract situated in the
Jno. W. Baker Survey, A-116 and the Moses Merritt Survey, A-579,
TRACT "2": A 305.33 acre tract situated in the Moses Merritt Survey,
A-579 and the J. W. Moody Survey, A-547 and more particularly
described as follows:
TRACT "1"
BEING a 400.03 acre tract situated in the Jno. W. Baker
Survey, A-116 and the Moses Merritt Survey, A-579, Harris County,
Texas and being part of that certain called 891.99 acre tract
described and recorded under Harris County Clerk's File Number
(H.C.C.F. No.) 20070535841, said 400.03 acre being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod found for the northwest
corner of a called 21.148 acre tract described and recorded under
H.C.C.F. No. M488539 and being in the southern right-of-way line of
the Union Pacific Railroad Company railroad right-of-way (100' wide
at this point) as recorded in Volume 964, Page 88 of the Harris
County Deed Records (H.C.D.R.);
THENCE, along the western lines of said 21.148 acre tract and
the eastern lines of the said 891.99 acre tract the following five
(5) courses:
S 2151'31" W, a distance of 100.00 feet to a disturbed
5/8-inch iron rod found for the point of curvature of a curve to the
left;
In a southeasterly direction, 498.97 feet along the arc
of said curve to the left having a radius of 610.00 feet, a central
angle of 4652'00" and whose chord bears S 0134'29" E, 485.17 feet
to a 5/8-inch iron rod found for the point of tangency of said
curve;
S 2500'29" E, a distance of 437.99 feet to a 5/8-inch
iron rod found for the point of curvature of a curve to the right;
In a southeasterly direction, 153.69 feet along the arc
of said curve to the right having a radius of 390.00 feet, a central
angle of 2234'45" and whose chord bears S 1343'07" E, 152.70 feet
to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for the
point of tangency of said curve;
S 0225'44" E, a distance of 2406.07 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY set for the southeast corner
of the herein described tract, the beginning of a non-tangent curve
to the left;
THENCE the following eight (8) courses and distances over and
across said called 891.99 acre tract:
In a Westerly direction, along a curve to the left, a
distance of 853.40 feet, having a radius of 1950.00 feet, a central
angle of 2504'30" and a chord which bears N 7757'39" W, 846.60 feet
to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the
point of tangency;
S 8930'06" W, a distance of 100.00 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY set for the beginning of a
tangent curve to the right;
In a Northwesterly direction, along said curve to the
right, a distance of 2441.52 feet, having a radius of 2050.00 feet,
a central angle of 6814'18" and a chord which bears N 5622'45" W,
2299.76 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
set for the point of tangency;
N 2215'36" W, a distance of 873.59 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY set for the beginning of a
tangent curve to the left;
In a Northwesterly direction, along said curve to the
left, a distance of 2468.33 feet, having a radius of 1950.00 feet, a
central angle of 7231'32" and a chord which bears N 5831'22" W,
2306.81 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
set for the point of tangency;
S 8512'52" W, a distance of 100.00 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY set for the beginning of a
tangent curve to the right;
In a Westerly direction, along said curve to the right,
a distance of 941.65 feet, having a radius of 2050.00 feet, a
central angle of 2619'06" and a chord which bears N 8137'35" W,
933.39 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set
for the point of tangency;
N 6828'02" W, a distance of 399.82 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY set for corner in the east
line of a called 2,523.670 acre tract described and recorded under
H.C.C.F. No. U036618;
THENCE, N 0208'21" W, a distance of 2274.31 feet along the
east line of said 2,523.670 acre tract to a 5/8-inch iron rod with
cap stamped "BROWN & GAY" set for the northwest corner of the herein
described tract and being in the southern right-of-way line of the
said Union Pacific Railroad Company railroad right-of-way (150'
wide at this point);
THENCE, along the said southern right-of-way line the
following three (3) courses:
S 6808'29" E, a distance of 1,452.09 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for an angle point;
N 0245'38" W, a distance of 55.00 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for an angle point from
which a found disturbed 5/8-inch iron rod bears S 7535' W, 0.64
feet;
S 6808'29" E, a distance of 692.19 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for the northwest corner
of a called 3.220 acre tract described and recorded under D592435;
THENCE, along the lines common to said 3.220 acre tract and
the herein described tract the following three (3) courses:
S 1608'53" W, a distance of 854.18 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for the southwest corner
of said 3.220 acre tract;
S 6808'29" E, a distance of 80.00 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for the southeast corner
of said 3.220 acre tract;
N 2734'09" E, a distance of 854.18 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for the northeast corner
of said 3.220 acre tract;
THENCE, S 6808'29" E, a distance of 4,420.07 feet along the
said southern railroad right-of-way line to the POINT OF BEGINNING
and containing 400.03 acres of land.
TRACT "2"
BEING a 305.33 acre tract of land in the Moses Merrit Survey,
A-579 and the J. W. Moody Survey, A-547, Harris County, Texas, being
part of that certain called 435.44 acre tract described and
recorded under Harris County Clerk's File Number (H.C.C.F. No.)
20070535841, said 305.33 acre tract being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod found for the northeast
corner of a called 21.148 acre tract described and recorded under
H.C.C.F. No. M488539 and being in the southern right-of-way line of
the Union Pacific Railroad Company railroad right-of-way (100' wide
at this point) as recorded in Volume 964, Page 88 of the Harris
County Deed Records (H.C.D.R.), having coordinates of X:
3,004,753.52, Y: 13,921,042.73;
THENCE, along the said southern right-of-way line the
following five (5) courses:
S 6808'29" E, a distance of 3,677.36 feet to a 5/8-inch
iron rod found for an angle point;
S 2012'43" W, a distance of 140.80 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for an angle point;
S 6952'17" E, a distance of 390.35 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for an angle point;
N 1721'43" E, a distance of 129.36 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for an angle point from
which a found 5/8-inch iron rod bears S 3105' W, 0.33 feet;
S 6808'29" E, a distance of 226.09 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY" set for the northeast corner
of the herein described tract and the northwest corner of a called
237.257 acre tract described and recorded under H.C.C.F. No.
W483191 from which a found 5/8-inch iron rod bears S 2912' W, 0.47
feet;
THENCE, S 0144'44" E, a distance of 2704.45 feet to a
5/8-inch iron rod with cap stamped "BROWN & GAY set for the most
easterly southeast corner of the herein described tract;
THENCE the following six (6) courses and distances over and
across said called 435.44 acre tract:
S 8815'16" W, a distance of 75.72 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY set for the beginning of a
tangent curve to the left;
In a Westerly direction, along said curve to the left, a
distance of 531.50 feet, having a radius of 1950.00 feet, a central
angle of 1537'00" and a chord which bears S 8026'46" W, 529.85 feet
to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the
point of tangency;
S 7238'16" W, a distance of 565.96 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY set for the beginning of a
tangent curve to the right;
In a Westerly direction, along said curve to the right,
a distance of 2329.05 feet, having a radius of 2050.00 feet, a
central angle of 6505'42" and a chord which bears N 7448'53" W,
2205.79 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
set for the point of tangency;
N 4216'02" W, a distance of 100.00 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY set for the beginning of a
tangent curve to the left;
In a Northwesterly direction, along said curve to the
left, a distance of 531.87 feet, having a radius of 1950.00 feet, a
central angle of 1537'39" and a chord which bears N 5004'52" W,
530.22 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set
for corner;
THENCE, along the eastern lines of said 21.148 acre tract and
the western lines of the herein described tract the following five
(5) courses:
N 0225'44" W, a distance of 2537.06 feet to a 5/8-inch
iron rod with cap stamped "BROWN & GAY set for the point of
curvature of a curve to the left;
In a northwesterly direction, 121.77 feet along the arc
of said curve to the left having a radius of 610.00 feet, a central
angle of 2234'45" and whose chord bears N 1343'07" W, 238.84 feet
to a disturbed 5/8-inch iron rod found for the point of tangency of
said curve;
N 2500'29" W, a distance of 437.99 feet to a 5/8-inch
iron rod found for the point of curvature of a curve to the right;
In a northwesterly direction, 319.01 feet along the arc
of said curve to the right having a radius of 390.00 feet, a central
angle of 4652'00" and whose chord bears N 0134'29" W, 310.19 feet
to a 5/8-inch iron rod found for the point of tangency of said
curve;
N 2151'31" E, a distance of 100.00 feet to the POINT OF
BEGINNING and containing 305.33 acres 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,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) 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, 2009.
Pos. No. Name of Director
1 Chris Taylor
2 Leanne Ross
3 Ryan Sweeney
4 Shane Herzog
5 Terry Taylor