81R28179 SJM-F
By: Hernandez H.B. No. 4801
Substitute the following for H.B. No. 4801:
By: Berman C.S.H.B. No. 4801
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Improvement District
No. 15; 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 3883 to read as follows:
CHAPTER 3883. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 15
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3883.001. 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. 15.
Sec. 3883.002. NATURE OF DISTRICT. The Harris County
Improvement District No. 15 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3883.003. 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. 3883.004. 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;
(4) provide for water, wastewater, drainage, road,
and recreational facilities for the district; and
(5) provide for canals, waterways, bulkheads, docks,
and other similar improvements or 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. 3883.005. 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. 3883.006. 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. 3883.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3883.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3883.009-3883.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3883.051. 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, 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. 3883.052. APPOINTMENT OF DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3883.053. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director
1 Dan Arnold
2 Kirk Pfeffer
3 David Dacote
4 Jim Casey
5 Steve Alvis
6 Gregory D. Compean
7 Ramon Garza
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 4 expire June 1, 2011, and the
terms of directors appointed for positions 5 through 7 expire June
1, 2013.
(c) Section 3883.052 does not apply to this section.
Sec. 3883.054. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3883.055. 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. 3883.056. 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 3883.057-3883.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3883.101. MARITIME IMPROVEMENT AND OPERATIONS POWERS.
(a) In this section, "port authority" means the Port of Houston
Authority of Harris County, Texas.
(b) Except as provided by this section, the district may
purchase, construct, acquire, own, operate, maintain, improve, or
extend, inside and outside the district, canals, waterways,
bulkheads, docks, and any other improvements or facilities
necessary or convenient to accomplish the navigation purposes of
the district authorized by Section 59, Article XVI, Texas
Constitution.
(c) The district may not exercise its powers in, over,
under, or across any lands or submerged lands of the port authority,
as conveyed by the State of Texas to the Harris County Houston Ship
Channel Navigation District by Chapter 292, Acts of the 40th
Legislature, Regular Session, 1927.
(d) The design, construction, operation, and maintenance of
any improvements or facilities related to navigation of the area
commonly known as the Houston Ship Channel or its tributaries, as
described in Section 1, Chapter 97, Acts of the 40th Legislature,
1st Called Session, 1927, by the district, any owner of land in the
district, or any other person acting by, through, or on behalf of
the district or a person who owns land in the district, whether by
permission, agency, agreement, lease, easement, license, or
otherwise, must comply with the applicable rules, regulations,
bylaws, and similar legislative or regulatory acts or policies of
the port authority.
(e) Each rule, bylaw, or similar legislative or regulatory
act or policy of the district is subject to any applicable rule,
bylaw, or similar legislative or regulatory act or policy of the
port authority. In case of any conflict or inconsistency, the port
authority's rules, bylaws, or similar legislative or regulatory
acts or policies control over the rules, bylaws, or similar
legislative or regulatory acts or policies of the district.
(f) The rights, powers, privileges, and authority this
chapter confers on the district do not supersede or diminish the
rights, powers, privileges, and authority of the port authority,
the United States Army Corps of Engineers, or any other state or
federal agency.
Sec. 3883.102. 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. 3883.103. 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. 3883.104. 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. 3883.105. 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. 3883.106. 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. 3883.107. 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. 3883.108. 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. 3883.109. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
Sec. 3883.110. 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 3883.111-3883.150 reserved for expansion]
SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
Sec. 3883.151. PUBLIC TRANSIT SYSTEM. The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain a public transit system to serve the area in
the district.
Sec. 3883.152. 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. 3883.153. RULES. The district may adopt rules
governing the district's public parking facilities.
Sec. 3883.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR
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 a public transit
system or 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 transit system or parking
facilities; and
(2) issue bonds or notes to finance the cost of the
district's public transit system or parking facilities.
[Sections 3883.155-3883.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 3883.201. 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. 3883.202. 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. 3883.203. 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. 3883.204. 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. 3883.205. 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. 3883.206. 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. 3883.207. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section 3883.211,
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. 3883.208. 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. 3883.209. 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. 3883.210. 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. 3883.211. 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 3883.208.
(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. 3883.212. 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. 3883.213. 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 3883.214-3883.250 reserved for expansion]
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3883.251. 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. 3883.252. 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 3883.251, the board must call and hold an election as
provided by Section 3883.211 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. 3883.253. 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. 3883.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described in Section 3883.253,
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. 3883.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
Section 3883.253 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 3883.256-3883.300 reserved for expansion]
SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
Sec. 3883.301. 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. 15
initially includes all territory contained in the following area:
TRACT 1:
Being a tract of land containing 384.667 acres, located in
the Richard and Robert Vince Survey, Abstract-76 in Harris County,
Texas; said 384.667 acres being all of a called 384.581 acre tract
described in the Special Warranty Deed with Vendor's Lien, recorded
in the name Port At Greens Bayou, Ltd., in Harris County Clerk's
File Number (H.C.C.F. No.) Z264553; said 384.667 acre tract being
more particularly described by metes and bounds as follows (all
bearings are based on the Texas State Plane Coordinate System,
South Central Zone (NAD27), per said H.C.C.F. No. Z264553):
Beginning at a 5/8-inch iron rod found on the westerly
Right-Of-Way (R.O.W.) line of Beltway 8 East (variable width per
instruments recoded under H.C.C.F. Nos. F894212, L150096, G259887,
G259888, G259889 and G259890), being the northeast corner of said
384.581 acre tract, and being in the southerly line of a called
75.253 acre tract described in the General Warranty Deed recorded
in the name of Missouri Pacific Railroad Company in Volume 4245,
Page 527 of the Harris County Deed Records (H.C.D.R.);
Thence, with the westerly lines of said Beltway 8 East and the
easterly lines of said 384.581 acre tract, the following nine (9)
courses:
1. South 02 degrees 42 minutes 24 seconds East, a distance
of 1089.96 feet to a 5/8-inch iron rod with "MSG cap set;
2. North 87 degrees 17 minutes 36 seconds East, a distance
of 149.99 feet to a 5/8-inch rod found;
3. South 02 degrees 42 minutes 24 seconds East, a distance
of 838.69 feet to a 5/8-inch iron rod found;
4. South 31 degrees 31 minutes 02 seconds East, a distance
of 342.36 feet to a 5/8-inch iron rod found;
5. South 01 degrees 41 minutes 01 seconds East, a distance
of 1120.10 feet to a 5/8-inch iron rod with "MSG" cap set;
6. South 47 degrees 42 minutes 24 seconds East, a distance
of 127.27 feet to a 5/8-inch iron rod found;
7. South 02 degrees 42 minutes 24 seconds East, a distance
of 1190.61 feet to a 5/8-inch iron rod found for the beginning of a
curve to the right;
8. 1302.59 feet with the arc of said curve to the right
having a radius of 11358.39 feet, through a central angle of 06
degrees 34 minutes 15 seconds, a chord that bears South 00 degrees
34 minutes 44 seconds West, a distance of 1301.88 feet to a 5/8-inch
iron rod found for the point of tangency;
9. South 03 degrees 51 minutes 51 seconds West, a distance
of 781.06 feet to a point (located in the waters of the Houston Ship
Channel) for the southeast corner of said 384.581 acre tract;
Thence, with the southerly lines of said 384.581 acre tract
(being located in the waters of the Houston Ship Channel), the
following six (6) courses:
1. North 85 degrees 58 minutes 21 seconds West, a distance
of 258.12 feet to a point for the beginning of a curve to the right;
2. 97.41 feet with the arc of said curve to the right having
a radius of 5239.83 feet, through a central angle of 01 degrees 03
minutes 55 seconds, a chord that bears North 85 degrees 26 minutes
25 seconds West, a distance of 97.41 feet to a point;
3. North 05 degrees 05 minutes 33 seconds East, a distance
of 45.00 feet to a point for the beginning of a non-tangent curve to
the right;
4. 749.51 feet with the arc of said curve to the right having
a radius of 5194.83 feet, through a central angle of 08 degrees 16
minutes 00 seconds, a chord that bears North 80 degrees 46 minutes
27 seconds West, a distance of 748.86 feet to a point;
5. North 13 degrees 21 minutes 33 seconds East, a distance
of 10.00 feet to a point for the beginning of a non-tangent curve to
the right;
6. 1141.26 feet with the arc of said curve to the right
having a radius of 5184.83 feet, through a central angle of 12
degrees 36 minutes 42 seconds, a chord that bears North 70 degrees
20 minutes 07 seconds West, a distance of 1138.95 feet to a point
for the southeast corner of a called 16.581 acre tract (Tract 2)
recorded in Special Warranty Deed to James H. Glanville, Trustee,
H.C.C.F. No. Y868202;
Thence, with the easterly line of said 16.581 acre tract,
North 03 degrees 14 minutes 42 seconds West, a distance of 2128.53
feet to a 5/8-inch iron rod found for the northeast corner of said
16.581 acre tract;
Thence, with the northerly line of said 16.581 acre tract,
South 86 degrees 45 minutes 18 seconds West, a distance of 477.73
feet to a 5/8-inch iron rod found on the east R.O.W. line of Penn
City Road (66 feet wide), for the northeast corner of said 16.581
acre tract;
Thence, with the easterly R.O.W. line of said Penn City Road
and the westerly line of aforesaid 384.581 acre tract, North 03
degrees 19 minutes 04 seconds West, a distance of 611.10 feet to a
5/8-inch iron rod with "MSG" cap set for the southwest corner of a
0.0402 acre tract described in the General Warranty Deed recorded
in the name of James H. Glanville, Trustee, in H.C.C.F. No. U634600;
Thence, through and across said 384.581 acre tract, with the
lines of said 0.0402 acre tract and a 0.0568 acre tract described in
the General Warranty Deed recorded in the name of James H.
Glanville, Trustee, in H.C.C.F. No. U634600 the following seven (7)
courses:
1. North 86 degrees 40 minutes 56 seconds East, a distance
of 50.00 feet to a 5/8-inch iron rod with "MSG cap set;
2. South 03 degrees 19 minutes 04 seconds East, a distance
of 10.00 feet to a 5/8-inch iron rod with "MSG" cap set:
3. North 86 degrees 40 minutes 56 seconds East, a distance
of 45.00 feet to a 5/8-inch iron rod with "MSG cap set;
4. North 03 degrees 19 minutes 04 seconds West, a distance
of 55.00 feet to a 5/8-inch iron rod with "MSG" cap set:
5. South 86 degrees 40 minutes 56 seconds West, a distance
of 45.00 feet to a 5/8-inch iron rod with "MSG cap set;
6. South 03 degrees 19 minutes 04 seconds East, a distance
of 10.00 feet to a 5/8-inch iron rod with "MSG" cap set:
7. South 86 degrees 40 minutes 56 seconds West, a distance
of 50.00 feet to a 5/8-inch iron rod with "MSG cap set on the
easterly R.O.W. line of said Penn City Road;
Thence, with the easterly R.O.W. line of said Penn City Road
and the westerly line of said 384.581 acre tract, North 03 degrees
19 minutes 04 seconds West, a distance of 4014.64 feet to a 5/8-inch
iron rod with "MSG cap set for the southwest corner of aforesaid
75.253 acre, being the northwest corner of said 384.581 acre tract
and the herein described tract;
Thence, with the northerly lines of said 384.581 acre tract
and the southerly lines of said 75.253 acre tract the following six
(6) courses:
1. South 75 degrees 28 minutes 50 seconds East, a distance
of 155.83 feet to a 5/8-inch iron rod found;
2. South 50 degrees 38 minutes 18 seconds East, a distance
of 183.20 feet to a 5/8-inch iron rod with "MSG" cap set;
3. South 75 degrees 30 minutes 37 seconds East, a distance
of 1274.61 feet to a 5/8-inch iron rod with "MSG" cap set;
4. South 81 degrees 57 minutes 02 seconds East, a distance
of 677.16 feet to a 5/8-inch iron rod found;
5. South 75 degrees 28 minutes 50 seconds East, a distance
of 198.65 feet a 5/8-inch iron rod found;
6. South 73 degrees 51 minutes 49 seconds East, a distance
of 104.58 feet to the Point of Beginning and containing 384.667
acres of land, Save and Except the following tract of land:
SAVE AND EXCEPT the following 0.0861 acre tract:
Being a tract of land containing 0.0861 acre, located in the
Richard and Robert Vince Survey, Abstract-76 in Harris County,
Texas; said 0.0861 acre tract being all of a called 0.0861 acre
tract described in the General Warranty Deed recorded in the name
Ballard Exploration Co., Inc., in H.C.C.F. Number V163848, said
0.0861 acre tract being more particularly described by metes and
bounds as follows (all bearings are based on the Texas State Plane
Coordinate System, South Central Zone (NAD27), per said H.C.C.F.
No. U488635):
Commencing at a 5/8-inch iron rod found on the westerly
R.O.W. line of Beltway 8 East (variable width per instruments
recoded under H.C.C.F. Nos. F894212, L150096, G259887, G259888,
G259889 and G259890), being the northeast corner of said 384.581
acre tract, and being in the southerly line of a said 75.253 acre
tract;
Thence, with the northerly lines of said 384.581 acre tract
and the southerly lines of said 75.253 acre tract the following two
(2) courses:
1. North 73 degrees 51 minutes 49 seconds West, a distance
of 104.58 feet to a 5/8-inch iron rod found;
2. North 75 degrees 28 minutes 50 seconds West, a distance
of 54.14 feet a point;
Thence, through and across said 384.581 acre tract, South 11
degrees 05 minutes 26 seconds West, a distance of 68.63 feet a
5/8-inch iron rod found for the northwest corner of said 0.0861 acre
tract and the Point of Beginning of the herein described tract;
Thence, with the north line of said 0.0861 acre tract, South
78 degrees 54 minutes 34 seconds East, a distance of 75.00 feet to a
5/8-inch iron rod with "MSG cap set for the northeast corner of said
0.0861 acre tract and the herein described tract;
Thence, with the east line of said 0.0861 acre tract, South 11
degrees 05 minutes 26 seconds West, a distance of 50.00 feet a
5/8-inch iron rod with "MSG cap set for the southeast corner of said
0.0861 acre tract and the herein described tract;
Thence, with the south line of said 0.0861 acre tract, North
78 degrees 54 minutes 34 seconds West, a distance of 75.00 feet to a
5/8-inch iron rod with "MSG cap set for the southwest corner of said
0.0861 acre tract and the herein described tract;
Thence, with the west line of said 0.0861 acre tract, North 11
degrees 05 minutes 26 seconds East, a distance of 50.00 feet to the
Point of Beginning and containing 0.0861 acre of land.
TRACT 2:
Being a tract of land containing 48.454 acres, located in the
Richard and Robert Vince Survey, Abstract-76 in Harris County,
Texas; said 48.454 acres being all of Tract 1, called 19.979 acres,
all of Tract 2, called 16.581 acres, both described in the Special
Warranty Deed recorded in the name of James H. Glanville, Trustee,
in Harris County Clerk's File (H.C.C.F.) Number Y868202 and a
portion of a called 17.552 acre tract described in the Special
Warranty Deed recorded in the name of James H. Glanville, Trustee,
in H.C.C.F. Number U550209; said 48.454 acre tract being more
particularly described by metes and bounds as follows (all bearings
are based on the Texas State Plane Coordinate System, South Central
Zone (NAD27), per said H.C.C.F. Number Y868202):
Beginning at a 5/8-inch iron rod found on the easterly
Right-Of-Way (R.O.W.) line of Penn City Road (66 feet wide), being
the northwest corner of said 16.581 acre tract and being the most
westerly southwest corner of the remainder of a called 384.581 acre
tract recorded in Special Warranty Deed with Vendor's Lien to Port
At Greens Bayou, Ltd., in H.C.C.F. Number Z264553;
Thence, along the north line of said 16.581 acre tract, being
a south line of said 384.581 acre tract, North 86 degrees 45 minutes
18 seconds East, a distance of 477.73 feet to a 5/8-inch iron rod
found for an inner corner of said 384.581 acre tract, being the
northeast corner of said 16.581 acre tract and the herein described
tract;
Thence, along the easterly line of said 16.581 acre tract and
a westerly line of said 384.581 acre tract, South 03 degrees 14
minutes 42 seconds East, passing at 1868.53 feet a 5/8-inch iron rod
found for reference, continuing for a total distance of 2128.53
feet to a point for the southeast corner of said 16.581 acre tract
and the most southerly southwest corner of said 384.581 acre tract,
being located in the waters of the Houston Ship Channel;
Thence, along the southerly line of said 16.581 acre tract,
350.61 feet along the arc of a non-tangent curve to the right having
a central angle of 03 degrees 52 minutes 28 seconds, a radius of
5184.83 feet and a chord that bears North 62 degrees 05 minutes 32
seconds West, a distance of 350.54 feet to a 5/8-inch iron rod found
for the southwest corner of said 16.581 acre tract, on the easterly
line of aforementioned 19.979 acre tract;
Thence, along the easterly line of said 19.979 acre tract,
South 03 degrees 14 minutes 42 seconds East, a distance of 295.57
feet to a point located in the waters of the Houston Ship Channel
for the southeast corner of said 19.979 acre tract;
Thence, along the southerly lines of said 19.979 acre tract
and aforesaid 17.552 acre tract (being located in the waters of the
Houston Ship Channel), the following three (3) courses:
1. North 58 degrees 42 minutes 06 seconds West, a distance
of 342.89 feet;
2. North 29 degrees 11 minutes 00 seconds West, passing at a
distance of 868.45 feet a point for the most westerly southwest
corner of said 19.979 acre tract, being the most southerly
southeast corner of said 17.552 acre tract, continuing in all a
distance of 936.81 feet;
3. North 55 degrees 41 minutes 57 seconds West, a distance
of 631.24 feet to the southwest corner of said 17.552 acre tract and
the most southerly southeast corner of a called 38.64 acre tract
described in the General Warranty Deed recorded in the name of The
Port of Houston Authority in H.C.C.F. Number M567481;
Thence, along a west line of said 17.552 acre tract, North 03
degrees 19 minutes 04 seconds West, a distance of 570.00 feet to a
point (located in the waters of the Houston Ship Channel) for the
southwest corner of a called 5.659 acre tract described in the
General Warranty Deed recorded in the name of Ballard Exploration
Company, Inc., in H.C.C.F. No. U550210, being the northwest corner
of the herein described tract;
Thence, along the southerly lines of said 5.659 acre tract,
the following three (3) courses:
1. North 86 degrees 40 minutes 56 seconds East, a distance
of 590.00 feet to a 5/8-inch iron rod found;
2. South 03 degrees 19 minutes 04 seconds East, a distance
of 25.00 feet to a 5/8-inch iron rod set, from which a 5/8-inch iron
rod found bears South 07 degrees 30 minutes West, 0.8 feet;
3. North 86 degrees 40 minutes 56 seconds East, a distance
of 360.00 feet to a 5/8-inch iron rod found on the westerly R.O.W.
line of aforesaid Penn City Road, being the southeast corner of said
5.659 acre tract and an interior corner of the herein described
tract;
Thence, with the westerly R.O.W. line of said Penn City Road,
South 03 degrees 19 minutes 04 seconds East, passing at a distance
of 175.64 feet a 5/8-inch iron rod found at the most northerly
northeast corner of aforesaid 19.979 acre tract and continuing in
all a distance of 225.31 feet to a 5/8-inch iron rod found for an
interior corner of said 19.979 acre tract and the herein described
tract;
Thence, with the southerly R.O.W. line of said Penn City
Road, South 55 degrees 08 minutes 42 seconds East, a distance of
83.95 feet to a 5/8-inch iron rod set for the southeast corner of
said Penn City Road, said point being on the westerly line of
aforementioned 16.581 acre tract;
Thence, along the easterly R.O.W. line of said Penn City Road
and the westerly line of said 16.581 acre tract, North 03 degrees 19
minutes 04 seconds West, a distance of 552.12 feet to the Point of
Beginning and containing 48.454 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.