Texas 2009 - 81st Regular

Texas Senate Bill SB2472 Compare Versions

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1	1	S.B. No. 2472
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Harris County Improvement District
6	6	No. 14; providing authority to impose an assessment, impose a tax,
7	7	and issue bonds.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	10	Code, is amended by adding Chapter 3882 to read as follows:
11	11	CHAPTER 3882. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 14
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3882.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Harris County Improvement
17	17	District No. 14.
18	18	Sec. 3882.002. NATURE OF DISTRICT. The Harris County
19	19	Improvement District No. 14 is a special district created under
20	20	Section 59, Article XVI, Texas Constitution.
21	21	Sec. 3882.003. PURPOSE; DECLARATION OF INTENT. (a) The
22	22	creation of the district is essential to accomplish the purposes of
23	23	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
24	24	Texas Constitution, and other public purposes stated in this
25	25	chapter. By creating the district and in authorizing the City of
26	26	Houston, Harris County, and other political subdivisions to
27	27	contract with the district, the legislature has established a
28	28	program to accomplish the public purposes set out in Section 52-a,
29	29	Article III, Texas Constitution.
30	30	(b) The creation of the district is necessary to promote,
31	31	develop, encourage, and maintain employment, commerce,
32	32	transportation, housing, tourism, recreation, the arts,
33	33	entertainment, economic development, safety, and the public
34	34	welfare in the district.
35	35	(c) This chapter and the creation of the district may not be
36	36	interpreted to relieve Harris County from providing the level of
37	37	services provided, as of the effective date of the Act enacting this
38	38	chapter, to the area in the district. The district is created to
39	39	supplement and not to supplant the county services provided in the
40	40	area in the district.
41	41	Sec. 3882.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
42	42	(a) The district is created to serve a public use and benefit.
43	43	(b) All land and other property included in the district
44	44	will benefit from the improvements and services to be provided by
45	45	the district under powers conferred by Sections 52 and 52-a,
46	46	Article III, and Section 59, Article XVI, Texas Constitution, and
47	47	other powers granted under this chapter.
48	48	(c) The creation of the district is in the public interest
49	49	and is essential to:
50	50	(1) further the public purposes of developing and
51	51	diversifying the economy of the state;
52	52	(2) eliminate unemployment and underemployment; and
53	53	(3) develop or expand transportation and commerce.
54	54	(d) The district will:
55	55	(1) promote the health, safety, and general welfare of
56	56	residents, employers, potential employees, employees, visitors,
57	57	and consumers in the district, and of the public;
58	58	(2) provide needed funding for the district to
59	59	preserve, maintain, and enhance the economic health and vitality of
60	60	the district territory as a community and business center;
61	61	(3) promote the health, safety, welfare, and enjoyment
62	62	of the public by providing pedestrian ways and by landscaping and
63	63	developing certain areas in the district, which are necessary for
64	64	the restoration, preservation, and enhancement of scenic beauty;
65	65	and
66	66	(4) provide for water, wastewater, drainage, road, and
67	67	recreational facilities for the district.
68	68	(e) Pedestrian ways along or across a street, whether at
69	69	grade or above or below the surface, and street lighting, street
70	70	landscaping, parking, and street art objects are parts of and
71	71	necessary components of a street and are considered to be a street
72	72	or road improvement.
73	73	(f) The district will not act as the agent or
74	74	instrumentality of any private interest even though the district
75	75	will benefit many private interests as well as the public.
76	76	Sec. 3882.005. INITIAL DISTRICT TERRITORY. (a) The
77	77	district is initially composed of the territory described by
78	78	Section 2 of the Act enacting this chapter.
79	79	(b) The boundaries and field notes contained in Section 2 of
80	80	the Act enacting this chapter form a closure. A mistake in the
81	81	field notes or in copying the field notes in the legislative process
82	82	does not affect the district's:
83	83	(1) organization, existence, or validity;
84	84	(2) right to issue any type of bond for the purposes
85	85	for which the district is created or to pay the principal of and
86	86	interest on the bond;
87	87	(3) right to impose or collect an assessment or tax; or
88	88	(4) legality or operation.
89	89	Sec. 3882.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
90	90	All or any part of the area of the district is eligible to be
91	91	included in:
92	92	(1) a tax increment reinvestment zone created under
93	93	Chapter 311, Tax Code;
94	94	(2) a tax abatement reinvestment zone created under
95	95	Chapter 312, Tax Code; or
96	96	(3) an enterprise zone created under Chapter 2303,
97	97	Government Code.
98	98	Sec. 3882.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
99	99	DISTRICTS LAW. Except as otherwise provided by this chapter,
100	100	Chapter 375, Local Government Code, applies to the district.
101	101	Sec. 3882.008. LIBERAL CONSTRUCTION OF CHAPTER. This
102	102	chapter shall be liberally construed in conformity with the
103	103	findings and purposes stated in this chapter.
104	104	[Sections 3882.009-3882.050 reserved for expansion]
105	105	SUBCHAPTER B. BOARD OF DIRECTORS
106	106	Sec. 3882.051. GOVERNING BODY; TERMS. (a) The district is
107	107	governed by a board of five voting directors who serve staggered
108	108	terms of four years, with two or three directors' terms expiring
109	109	June 1 of each odd-numbered year.
110	110	(b) The board by resolution may change the number of voting
111	111	directors on the board, but only if the board determines that the
112	112	change is in the best interest of the district. The board may not
113	113	consist of fewer than five or more than 15 voting directors.
114	114	Sec. 3882.052. APPOINTMENT OF DIRECTORS. The Texas
115	115	Commission on Environmental Quality shall appoint voting directors
116	116	from persons recommended by the board.
117	117	Sec. 3882.053. INITIAL VOTING DIRECTORS. (a) The initial
118	118	board consists of the following voting directors:
119	119	Pos. No. Name of Director Pos. No. Name of Director
120	120	Pos. No. Name of Director
121	121	1 Robbie Winston 1 Robbie Winston
122	122	1 Robbie Winston
123	123	2 David Loosley 2 David Loosley
124	124	2 David Loosley
125	125	3 Craig Young 3 Craig Young
126	126	3 Craig Young
127	127	4 Jeff Finn 4 Jeff Finn
128	128	4 Jeff Finn
129	129	5 Rachal Taylor 5 Rachal Taylor
130	130	5 Rachal Taylor
131	131	(b) Of the initial directors, the terms of directors
132	132	appointed for positions 1 through 3 expire June 1, 2011, and the
133	133	terms of directors appointed for positions 4 and 5 expire June 1,
134	134	2013.
135	135	(c) Section 3882.052 does not apply to this section.
136	136	Sec. 3882.054. NONVOTING DIRECTORS. The board may appoint
137	137	nonvoting directors to serve at the pleasure of the voting
138	138	directors.
139	139	Sec. 3882.055. QUORUM. For purposes of determining the
140	140	requirements for a quorum of the board, the following are not
141	141	counted:
142	142	(1) a board position vacant for any reason, including
143	143	death, resignation, or disqualification;
144	144	(2) a director who is abstaining from participation in
145	145	a vote because of a conflict of interest; or
146	146	(3) a nonvoting director.
147	147	Sec. 3882.056. COMPENSATION. A director is entitled to
148	148	receive fees of office and reimbursement for actual expenses as
149	149	provided by Section 49.060, Water Code. Sections 375.069 and
150	150	375.070, Local Government Code, do not apply to the board.
151	151	[Sections 3882.057-3882.100 reserved for expansion]
152	152	SUBCHAPTER C. POWERS AND DUTIES
153	153	Sec. 3882.101. DEVELOPMENT CORPORATION POWERS. The
154	154	district may exercise the powers given to a development corporation
155	155	under Chapter 505, Local Government Code, including the power to
156	156	own, operate, acquire, construct, lease, improve, or maintain a
157	157	project described by that chapter.
158	158	Sec. 3882.102. NONPROFIT CORPORATION. (a) The board by
159	159	resolution may authorize the creation of a nonprofit corporation to
160	160	assist and act for the district in implementing a project or
161	161	providing a service authorized by this chapter.
162	162	(b) The nonprofit corporation:
163	163	(1) has each power of and is considered for purposes of
164	164	this chapter to be a local government corporation created under
165	165	Chapter 431, Transportation Code; and
166	166	(2) may implement any project and provide any service
167	167	authorized by this chapter.
168	168	(c) The board shall appoint the board of directors of the
169	169	nonprofit corporation. The board of directors of the nonprofit
170	170	corporation shall serve in the same manner as the board of directors
171	171	of a local government corporation created under Chapter 431,
172	172	Transportation Code, except that a board member is not required to
173	173	reside in the district.
174	174	Sec. 3882.103. AGREEMENTS; GRANTS. (a) The district may
175	175	make an agreement with or accept a gift, grant, or loan from any
176	176	person.
177	177	(b) The implementation of a project is a governmental
178	178	function or service for the purposes of Chapter 791, Government
179	179	Code.
180	180	Sec. 3882.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
181	181	SERVICES. To protect the public interest, the district may
182	182	contract with a qualified person, including Harris County or the
183	183	City of Houston, for the provision of law enforcement services in
184	184	the district for a fee.
185	185	Sec. 3882.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
186	186	district may join and pay dues to a charitable or nonprofit
187	187	organization that performs a service or provides an activity
188	188	consistent with the furtherance of a district purpose.
189	189	Sec. 3882.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
190	190	district may establish and provide for the administration of one or
191	191	more programs to promote state or local economic development and to
192	192	stimulate business and commercial activity in the district,
193	193	including programs to:
194	194	(1) make loans and grants of public money; and
195	195	(2) provide district personnel and services.
196	196	(b) The district has all of the powers of a municipality
197	197	under Chapter 380, Local Government Code.
198	198	Sec. 3882.107. STRATEGIC PARTNERSHIP AGREEMENT. The
199	199	district may negotiate and enter into a written strategic
200	200	partnership with the City of Houston pursuant to Section 43.0751,
201	201	Local Government Code.
202	202	Sec. 3882.108. NO EMINENT DOMAIN. The district may not
203	203	exercise the power of eminent domain.
204	204	Sec. 3882.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
205	205	district may annex land as provided by Subchapter J, Chapter 49,
206	206	Water Code.
207	207	(b) The district may exclude land as provided by Subchapter
208	208	J, Chapter 49, Water Code. Section 375.044(b), Local Government
209	209	Code, does not apply to the district.
210	210	[Sections 3882.110-3882.150 reserved for expansion]
211	211	SUBCHAPTER D. PUBLIC PARKING FACILITIES
212	212	Sec. 3882.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
213	213	PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire,
214	214	lease as lessor or lessee, construct, develop, own, operate, and
215	215	maintain parking facilities or a system of parking facilities,
216	216	including:
217	217	(1) lots, garages, parking terminals, or other
218	218	structures or accommodations for parking motor vehicles off the
219	219	streets; and
220	220	(2) equipment, entrances, exits, fencing, and other
221	221	accessories necessary for safety and convenience in parking
222	222	vehicles.
223	223	(b) A parking facility of the district may be leased to or
224	224	operated on behalf of the district by an entity other than the
225	225	district.
226	226	(c) The district's parking facilities are a program
227	227	authorized by the legislature under Section 52-a, Article III,
228	228	Texas Constitution.
229	229	(d) The district's parking facilities serve the public
230	230	purposes of the district and are owned, used, and held for a public
231	231	purpose even if leased or operated by a private entity for a term of
232	232	years.
233	233	Sec. 3882.152. RULES. The district may adopt rules
234	234	governing the district's public parking facilities.
235	235	Sec. 3882.153. FINANCING OF PUBLIC PARKING FACILITIES.
236	236	(a) The district may use any of its resources, including revenue,
237	237	assessments, taxes, or grant or contract proceeds, to pay the cost
238	238	of acquiring or operating public parking facilities.
239	239	(b) The district may:
240	240	(1) set, charge, impose, and collect fees, charges, or
241	241	tolls for the use of the district's public parking facilities; and
242	242	(2) issue bonds or notes to finance the cost of the
243	243	district's public parking facilities.
244	244	[Sections 3882.154-3882.200 reserved for expansion]
245	245	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
246	246	Sec. 3882.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
247	247	board by resolution shall establish the number of directors'
248	248	signatures and the procedure required for a disbursement or
249	249	transfer of the district's money.
250	250	Sec. 3882.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
251	251	The district may acquire, construct, finance, operate, or maintain
252	252	any improvement or service authorized under this chapter or Chapter
253	253	375, Local Government Code, using any money available to the
254	254	district.
255	255	Sec. 3882.203. PETITION REQUIRED FOR FINANCING SERVICES AND
256	256	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
257	257	service or improvement project with assessments under this chapter
258	258	unless a written petition requesting that service or improvement
259	259	has been filed with the board.
260	260	(b) A petition filed under Subsection (a) must be signed by
261	261	the owners of a majority of the assessed value of real property in
262	262	the district subject to assessment according to the most recent
263	263	certified tax appraisal roll for Harris County.
264	264	Sec. 3882.204. METHOD OF NOTICE FOR HEARING. The district
265	265	may mail the notice required by Section 375.115(c), Local
266	266	Government Code, by certified or first class United States mail.
267	267	The board shall determine the method of mailing notice.
268	268	Sec. 3882.205. ASSESSMENTS; LIENS FOR ASSESSMENTS.
269	269	(a) The board by resolution may impose and collect an assessment
270	270	for any purpose authorized by this chapter in all or any part of the
271	271	district.
272	272	(b) An assessment, a reassessment, or an assessment
273	273	resulting from an addition to or correction of the assessment roll
274	274	by the district, penalties and interest on an assessment or
275	275	reassessment, an expense of collection, and reasonable attorney's
276	276	fees incurred by the district:
277	277	(1) are a first and prior lien against the property
278	278	assessed;
279	279	(2) are superior to any other lien or claim other than
280	280	a lien or claim for county, school district, or municipal ad valorem
281	281	taxes; and
282	282	(3) are the personal liability of and a charge against
283	283	the owners of the property even if the owners are not named in the
284	284	assessment proceedings.
285	285	(c) The lien is effective from the date of the board's
286	286	resolution imposing the assessment until the date the assessment is
287	287	paid. The board may enforce the lien in the same manner that the
288	288	board may enforce an ad valorem tax lien against real property.
289	289	(d) The board may make a correction to or deletion from the
290	290	assessment roll that does not increase the amount of assessment of
291	291	any parcel of land without providing notice and holding a hearing in
292	292	the manner required for additional assessments.
293	293	Sec. 3882.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
294	294	ASSESSMENTS. The district may not impose an impact fee or
295	295	assessment on the property, including the equipment,
296	296	rights-of-way, facilities, or improvements, of:
297	297	(1) an electric utility or a power generation company
298	298	as defined by Section 31.002, Utilities Code;
299	299	(2) a gas utility as defined by Section 101.003 or
300	300	121.001, Utilities Code;
301	301	(3) a telecommunications provider as defined by
302	302	Section 51.002, Utilities Code; or
303	303	(4) a person who provides to the public cable
304	304	television or advanced telecommunications services.
305	305	Sec. 3882.207. RESIDENTIAL PROPERTY. Section 375.161,
306	306	Local Government Code, does not apply to a tax imposed by the
307	307	district or a required payment for a service provided by the
308	308	district, including water and sewer services.
309	309	Sec. 3882.208. OPERATION AND MAINTENANCE TAX. (a) If
310	310	authorized at an election held in accordance with Section 3882.212,
311	311	the district may impose an annual operation and maintenance tax on
312	312	taxable property in the district in accordance with Section 49.107,
313	313	Water Code, for any district purpose, including to:
314	314	(1) maintain and operate the district;
315	315	(2) construct or acquire improvements; or
316	316	(3) provide a service.
317	317	(b) The board shall determine the tax rate. The rate may not
318	318	exceed the rate approved at the election.
319	319	(c) Section 49.107(h), Water Code, does not apply to the
320	320	district.
321	321	Sec. 3882.209. CONTRACT TAXES. (a) In accordance with
322	322	Section 49.108, Water Code, the district may impose a tax other than
323	323	an operation and maintenance tax and use the revenue derived from
324	324	the tax to make payments under a contract after the provisions of
325	325	the contract have been approved by a majority of the district voters
326	326	voting at an election held for that purpose.
327	327	(b) A contract approved by the district voters may contain a
328	328	provision stating that the contract may be modified or amended by
329	329	the board without further voter approval.
330	330	Sec. 3882.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
331	331	BONDS. (a) The district may borrow money on terms and conditions
332	332	as determined by the board. Section 375.205, Local Government
333	333	Code, does not apply to a loan, line of credit, or other borrowing
334	334	from a bank or financial institution secured by revenue other than
335	335	ad valorem taxes.
336	336	(b) The district may issue bonds, notes, or other
337	337	obligations payable wholly or partly from ad valorem taxes, sales
338	338	and use taxes, assessments, impact fees, revenue, contract
339	339	payments, grants, or other district money, or any combination of
340	340	those sources of money, to pay for any authorized district purpose.
341	341	(c) The limitation on the outstanding principal amount of
342	342	bonds, notes, and other obligations set forth in Section 49.4645,
343	343	Water Code, does not apply to the district.
344	344	Sec. 3882.211. TAXES FOR BONDS. At the time the district
345	345	issues bonds payable wholly or partly from ad valorem taxes, the
346	346	board shall provide for the annual imposition of a continuing
347	347	direct annual ad valorem tax, without limit as to rate or amount,
348	348	while all or part of the bonds are outstanding as required and in
349	349	the manner provided by Sections 54.601 and 54.602, Water Code.
350	350	Sec. 3882.212. ELECTIONS REGARDING TAXES AND BONDS.
351	351	(a) The district may issue, without an election, bonds, notes, and
352	352	other obligations secured by:
353	353	(1) revenue other than ad valorem taxes; or
354	354	(2) contract payments described by Section 3882.209.
355	355	(b) The district must hold an election in the manner
356	356	provided by Subchapter L, Chapter 375, Local Government Code, to
357	357	obtain voter approval before the district may impose an ad valorem
358	358	tax or sales and use tax or issue bonds payable from ad valorem
359	359	taxes.
360	360	(c) Section 375.243, Local Government Code, does not apply
361	361	to the district.
362	362	(d) All or any part of any facilities or improvements which
363	363	may be acquired by a district by the issuance of its bonds may be
364	364	included in one single proposition to be voted on at the election or
365	365	the bonds may be submitted in several propositions.
366	366	Sec. 3882.213. COMPETITIVE BIDDING. Subchapter I, Chapter
367	367	49, Water Code, applies to the district. Sections 375.221 and
368	368	375.223, Local Government Code, do not apply to the district.
369	369	Sec. 3882.214. TAX AND ASSESSMENT ABATEMENTS. The district
370	370	may grant in the manner authorized by Chapter 312, Tax Code, an
371	371	abatement for a tax or assessment owed to the district.
372	372	[Sections 3882.215-3882.250 reserved for expansion]
373	373	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
374	374	PROPERTY
375	375	Sec. 3882.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
376	376	DESIGNATED PROPERTY. The district may define areas or designate
377	377	certain property of the district to pay for improvements,
378	378	facilities, or services that primarily benefit that area or
379	379	property and do not generally and directly benefit the district as a
380	380	whole.
381	381	Sec. 3882.252. PROCEDURE FOR ELECTION. (a) Before the
382	382	district may impose an ad valorem tax or issue bonds payable from ad
383	383	valorem taxes of the area defined or property designated under
384	384	Section 3882.251, the board must call and hold an election as
385	385	provided by Section 3882.212 only in the defined area or in the
386	386	boundaries of the designated property.
387	387	(b) The board may submit the proposition to the voters on
388	388	the same ballot to be used in another election.
389	389	Sec. 3882.253. DECLARING RESULT AND ISSUING ORDER. (a) If
390	390	a majority of the voters voting at the election approve the
391	391	proposition or propositions, the board shall declare the results
392	392	and by order shall establish the defined area and describe it by
393	393	metes and bounds or designate the specific property.
394	394	(b) A court may not review the board's order except on the
395	395	ground of fraud, palpable error, or arbitrary and confiscatory
396	396	abuse of discretion.
397	397	Sec. 3882.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
398	398	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
399	399	approval and adoption of the order described in Section 3882.253,
400	400	the district may apply separately, differently, equitably, and
401	401	specifically its taxing power and lien authority to the defined
402	402	area or designated property to provide money to construct,
403	403	administer, maintain, and operate services, improvements, and
404	404	facilities that primarily benefit the defined area or designated
405	405	property.
406	406	Sec. 3882.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
407	407	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
408	408	Section 3882.253 is adopted, the district may issue bonds to
409	409	provide for any land, improvements, facilities, plants, equipment,
410	410	and appliances for the defined area or designated property.
411	411	[Sections 3882.256-3882.300 reserved for expansion]
412	412	SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
413	413	Sec. 3882.301. MUNICIPAL ANNEXATION; DISSOLUTION.
414	414	(a) The district is a "water or sewer district" under Section
415	415	43.071, Local Government Code.
416	416	(b) Section 43.075, Local Government Code, applies to the
417	417	district.
418	418	(c) Section 375.264, Local Government Code, does not apply
419	419	to the dissolution of the district by a municipality.
420	420	SECTION 2. The Harris County Improvement District No. 14
421	421	initially includes all territory contained in the following area:
422	422	BEING 622.07 acres of land lying wholly within Harris County,
423	423	Texas consisting of TRACT "1": A 491.96 acre tract situated in the
424	424	Jno. W. Baker Survey, A-116 and the Moses Merritt Survey, A-579,
425	425	TRACT "2": A 130.11 acre tract situated in the J. W. Moody Survey,
426	426	A-547 and more particularly described as follows:
427	427	TRACT "1"
428	428	BEING a 491.96 acre tract of land in the Jno. W. Baker Survey,
429	429	A-116 and the Moses Merritt Survey, A-579, Harris County, Texas,
430	430	being part of that certain called 891.99 acre tract described and
431	431	recorded under Harris County Clerk's File Number (H.C.C.F. No.)
432	432	20070535841, said 491.96 acre tract being more particularly
433	433	described by metes and bounds as follows:
434	434	COMMENCING at a 5/8-inch iron rod found for the northwest
435	435	corner of a called 21.148 acre tract described and recorded under
436	436	H.C.C.F. No. M488539 and being in the southern right-of-way line of
437	437	the Union Pacific Railroad Company railroad right-of-way (100' wide
438	438	at this point) as recorded in Volume 964, Page 88 of the Harris
439	439	County Deed Records (H.C.D.R.), having coordinates of X:
440	440	3,004,549.33, Y: 13,921,124.64;
441	441	THENCE, along the western lines of said 21.148 acre tract and
442	442	the eastern lines of said 891.99 acre tract the following five (5)
443	443	courses:
444	444	S 2151'31" W, a distance of 100.00 feet to a disturbed
445	445	5/8-inch iron rod found for the point of curvature of a curve to the
446	446	left;
447	447	In a southeasterly direction, 498.97 feet along the arc
448	448	of said curve to the left having a radius of 610.00 feet, a central
449	449	angle of 4652'00" and whose chord bears S 0134'29" E, 485.17 feet
450	450	to a 5/8-inch iron rod found for the point of tangency of said
451	451	curve;
452	452	S 2500'29" E, a distance of 437.99 feet to a 5/8-inch
453	453	iron rod found for the point of curvature of a curve to the right;
454	454	In a southeasterly direction, 153.69 feet along the arc
455	455	of said curve to the right having a radius of 390.00 feet, a central
456	456	angle of 2234'45" and whose chord bears S 1343'07" E, 152.70 feet
457	457	to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for the
458	458	point of tangency of said curve;
459	459	S 0225'44" E, a distance of 2406.07 feet to a 5/8-inch
460	460	iron rod with cap stamped "BROWN & GAY set for the POINT OF
461	461	BEGINNING;
462	462	THENCE, S 0225'44" E, a distance of 638.84 feet to a 5/8-inch
463	463	iron rod with cap stamped "BROWN & GAY set for the southeast corner
464	464	of the herein described tract and the southwest corner of the said
465	465	21.148 acre tract and being in the north line of a called 410.160
466	466	acre tract described and recorded under H.C.C.F. No. R209030 from
467	467	which a found 5/8-inch iron rod bears N 6508' W, 0.98 feet;
468	468	THENCE, S 8704'34" W, a distance of 5,120.84 feet to a
469	469	5/8-inch iron rod with cap stamped "BROWN & GAY" set for an interior
470	470	ell corner of the herein described tract and the northwest corner of
471	471	said 410.160 acre tract from which a found 4X4 concrete monument
472	472	bears N 5058' W, 1.54 feet;
473	473	THENCE, S 0323'06" E, a distance of 2,819.50 feet to the most
474	474	southerly southeast corner of the herein described tract and the
475	475	northeast corner of a called 1,004.14 acre tract described as
476	476	Parcel A, Tract 6 in the deed recorded under H.C.C.F. No. W677033
477	477	from which a found 4X4 concrete monument bears N 7229' E, 0.54 feet;
478	478	THENCE, S 8702'37" W, a distance of 1,336.61 feet along the
479	479	north line of said 1,004.14 acre tract to the southwest corner of
480	480	the herein described tract and the southeast corner of a called
481	481	2,523.670 acre tract described and recorded under H.C.C.F. No.
482	482	U036618 from which a found 3/4-inch iron rod bears N 3758' E, 0.36
483	483	feet;
484	484	THENCE, N 0208'21" W, a distance of 7524.66 feet along the
485	485	east line of said 2,523.670 acre tract to a 5/8-inch iron rod with
486	486	cap stamped "BROWN & GAY" set for the northwest corner of the herein
487	487	described tract;
488	488	THENCE the following eight (8) courses and distances over and
489	489	across said 891.99 acre tract:
490	490	S 6828'02" E, a distance of 399.82 feet to a 5/8-inch
491	491	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
492	492	tangent curve to the left;
493	493	In an Easterly direction, along said curve to the left,
494	494	a distance of 941.65 feet, having a radius of 2050.00 feet, a
495	495	central angle of 2619'06" and a chord which bears S 8137'35" E,
496	496	933.39 feet to the point of tangency;
497	497	N 8512'52" E, a distance of 100.00 feet to a 5/8-inch
498	498	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
499	499	tangent curve to the right;
500	500	In a Southeasterly direction, along said curve to the
501	501	right, a distance of 2468.33 feet, having a radius of 1950.00 feet,
502	502	a central angle of 7231'32" and a chord which bears S 5831'22" E,
503	503	2306.81 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY"
504	504	set for the point of tangency;
505	505	S 2215'36" E, a distance of 873.59 feet to a 5/8-inch
506	506	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
507	507	tangent curve to the left;
508	508	In a Southeasterly direction, along said curve to the
509	509	left a distance of 2441.52 feet, having a radius of 2050.00 feet, a
510	510	central angle of 6814'18" and a chord which bears S 5622'45" E,
511	511	2299.76 feet to the point of tangency;
512	512	N 8930'06" E, a distance of 100.00 feet to a 5/8-inch
513	513	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
514	514	tangent curve to the right;
515	515	In an Easterly direction, along said curve to the right,
516	516	a distance of 853.40 feet, having a radius of 1950.00 feet, a
517	517	central angle of 2504'30" and a chord which bears S 7757'39" E,
518	518	846.60 feet to the POINT OF BEGINNING and containing 491.96 acres of
519	519	land.
520	520	TRACT "2"
521	521	BEING a 130.11 acre tract of land in the J.W. Moody Survey,
522	522	A-547, Harris County, Texas, being part of that certain called
523	523	435.44 acre tract described and recorded under Harris County
524	524	Clerk's File Number (H.C.C.F. No.) 20070535841, said 130.11 acre
525	525	tract being more particularly described by metes and bounds as
526	526	follows:
527	527	COMMENCING at a 5/8-inch iron rod found for the northeast
528	528	corner of a called 21.148 acre tract described and recorded under
529	529	H.C.C.F. No. M488539 and being in the southern right-of-way line of
530	530	the Union Pacific Railroad Company railroad right-of-way (100' wide
531	531	at this point) as recorded in Volume 964, Page 88 of the Harris
532	532	County Deed Records (H.C.D.R.), having coordinates of X:
533	533	3,004,753.52, Y: 13,921,042.73;
534	534	THENCE, along the eastern lines of said 21.148 acre tract and
535	535	the western lines of said 435.44 acre tract the following five (5)
536	536	courses:
537	537	S 2151'31" W, a distance of 100.00 feet to a 5/8-inch
538	538	iron rod found for the beginning of a tangent curve to the left;
539	539	In a southeasterly direction, 319.01 feet along the arc
540	540	of said curve to the left having a radius of 390.00 feet, a central
541	541	angle of 4652'00" and whose chord bears S 0134'29" E, 310.19 feet
542	542	to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for
543	543	corner;
544	544	S 2500'29" E, a distance of 437.99 feet to a 5/8-inch
545	545	iron rod found (disturbed) for the point of curvature of a curve to
546	546	the right;
547	547	In a southeasterly direction, 121.77 feet along the arc
548	548	of said curve to the right having a radius of 610.00 feet, a central
549	549	angle of 2234'45" and whose chord bears S 1343'07" E, 238.84 feet
550	550	to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for point
551	551	of tangency of said curve;
552	552	S 0225'44" E, a distance of 2537.06 feet to a 5/8-inch
553	553	iron rod with cap stamped "BROWN & GAY set for the POINT OF
554	554	BEGINNING and the beginning of a non-tangent curve of a curve to the
555	555	left;
556	556	THENCE the following six (6) courses and distances over and
557	557	across said called 435.44 acre tract:
558	558	In a Southeasterly direction, along said curve to the
559	559	right, a distance of 531.87 feet, having a radius of 1950.00 feet, a
560	560	central angle of 1537'39" and a chord which bears S 5004'52" E,
561	561	530.22 feet to a /8-inch iron rod with cap stamped "BROWN & GAY" set
562	562	for the point of tangency;
563	563	S 4216'02" E, a distance of 100.00 feet to a /8-inch
564	564	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
565	565	tangent curve to the left;
566	566	In an Easterly direction, along said curve to the left,
567	567	a distance of 2329.05 feet, having a radius of 2050.00 feet, a
568	568	central angle of 6505'42" and a chord which bears S 7448'53" E,
569	569	2205.79 feet to a /8-inch iron rod with cap stamped "BROWN & GAY"
570	570	set for the point of tangency;
571	571	N 7238'16" E, a distance of 565.96 feet to a /8-inch
572	572	iron rod with cap stamped "BROWN & GAY" set for the beginning of a
573	573	tangent curve to the right;
574	574	In an Easterly direction, along said curve to the right,
575	575	a distance of 531.50 feet, having a radius of 1950.00 feet, a
576	576	central angle of 1537'00" and a chord which bears N 8026'46" E,
577	577	529.85 feet to a /8-inch iron rod with cap stamped "BROWN & GAY" set
578	578	for the point of tangency;
579	579	N 8815'16" E, a distance of 75.72 feet to a 5/8-inch
580	580	iron rod with cap stamped "BROWN & GAY" set for corner in the west
581	581	line of a called 237.257 acre tract described and recorded under
582	582	H.C.C.F. No. W483191;
583	583	THENCE, S 0144'44" E, a distance of 849.90 feet to a 5/8-inch
584	584	iron rod with cap stamped "BROWN & GAY set for the most easterly
585	585	southeast corner of the herein described tract and the southwest
586	586	corner of the said 237.257 acre tract and being in the north line of
587	587	a called 130.70 acre tract described as Parcel A, Tract 10A in the
588	588	deed recorded under H.C.C.F. No. W677033;
589	589	THENCE, S 8929'51" W, a distance of 942.59 feet to a 5/8-inch
590	590	iron rod with cap stamped "BROWN & GAY set for an interior ell
591	591	corner of the herein described tract and the northwest corner of the
592	592	said 130.70 acre tract;
593	593	THENCE, S 0226'29" E, a distance of 1,308.26 feet to a
594	594	5/8-inch iron rod with cap stamped "BROWN & GAY set for the most
595	595	southerly southeast corner of the herein described tract and an
596	596	interior ell corner of the said 130.70 acre tract;
597	597	THENCE, along the lines common to the herein described tract
598	598	and a called 410.160 acre tract described and recorded under
599	599	H.C.C.F. No. R209030 the following three (3) courses:
600	600	S 8809'30" W, a distance of 1,389.63 feet to a 5/8-inch
601	601	iron rod found for an angle point;
602	602	N 4635'14" W, a distance of 1,961.15 feet to an angle
603	603	point from which a found 3/4-inch iron pipe bears N 2727' E, 0.57
604	604	feet;
605	605	N 0222'23" W, a distance of 1,090.04 feet to a 5/8-inch
606	606	iron rod with cap stamped "BROWN & GAY set for an angle point of the
607	607	herein described tract and the northeast corner of the said 410.160
608	608	acre tract and being the southeast corner of said called 21.148 acre
609	609	tract;
610	610	THENCE N 0225'44" W, a distance of 505.95 feet along the east
611	611	line of said called 21.148 acre tract to the POINT OF BEGINNING and
612	612	containing 130.11 acres of land.
613	613	SECTION 3. (a) The legal notice of the intention to
614	614	introduce this Act, setting forth the general substance of this
615	615	Act, has been published as provided by law, and the notice and a
616	616	copy of this Act have been furnished to all persons, agencies,
617	617	officials, or entities to which they are required to be furnished
618	618	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
619	619	Government Code.
620	620	(b) The governor, one of the required recipients, has
621	621	submitted the notice and Act to the Texas Commission on
622	622	Environmental Quality.
623	623	(c) The Texas Commission on Environmental Quality has filed
624	624	its recommendations relating to this Act with the governor,
625	625	lieutenant governor, and speaker of the house of representatives
626	626	within the required time.
627	627	(d) The general law relating to consent by political
628	628	subdivisions to the creation of districts with conservation,
629	629	reclamation, and road powers and the inclusion of land in those
630	630	districts has been complied with.
631	631	(e) All requirements of the constitution and laws of this
632	632	state and the rules and procedures of the legislature with respect
633	633	to the notice, introduction, and passage of this Act have been
634	634	fulfilled and accomplished.
635	635	SECTION 4. This Act takes effect immediately if it receives
636	636	a vote of two-thirds of all the members elected to each house, as
637	637	provided by Section 39, Article III, Texas Constitution. If this
638	638	Act does not receive the vote necessary for immediate effect, this
639	639	Act takes effect September 1, 2009.
640	640	______________________________ ______________________________
641	641	President of the Senate Speaker of the House
642	642	I hereby certify that S.B. No. 2472 passed the Senate on
643	643	May 7, 2009, by the following vote: Yeas 31, Nays 0.
644	644	______________________________
645	645	Secretary of the Senate
646	646	I hereby certify that S.B. No. 2472 passed the House on
647	647	May 15, 2009, by the following vote: Yeas 144, Nays 0, one present
648	648	not voting.
649	649	______________________________
650	650	Chief Clerk of the House
651	651	Approved:
652	652	______________________________
653	653	Date
654	654	______________________________
655	655	Governor
656	656
657	657	Pos. No. Name of Director
658	658
659	659	1 Robbie Winston
660	660
661	661	2 David Loosley
662	662
663	663	3 Craig Young
664	664
665	665	4 Jeff Finn
666	666
667	667	5 Rachal Taylor