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Texas Senate Bill SB2473

Texas 2009 - 81st Regular

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11 S.B. No. 2473
22
33
44 AN ACT
55 relating to the creation of the Harris County Improvement District
66 No. 13; providing authority to impose an assessment, impose a tax,
77 and issue bonds.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1010 Code, is amended by adding Chapter 3881 to read as follows:
1111 CHAPTER 3881. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 13
1212 SUBCHAPTER A. GENERAL PROVISIONS
1313 Sec. 3881.001. DEFINITIONS. In this chapter:
1414 (1) "Board" means the district's board of directors.
1515 (2) "Director" means a board member.
1616 (3) "District" means the Harris County Improvement
1717 District No. 13.
1818 Sec. 3881.002. NATURE OF DISTRICT. The Harris County
1919 Improvement District No. 13 is a special district created under
2020 Section 59, Article XVI, Texas Constitution.
2121 Sec. 3881.003. PURPOSE; DECLARATION OF INTENT. (a) The
2222 creation of the district is essential to accomplish the purposes of
2323 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2424 Texas Constitution, and other public purposes stated in this
2525 chapter. By creating the district and in authorizing the City of
2626 Houston, Harris County, and other political subdivisions to
2727 contract with the district, the legislature has established a
2828 program to accomplish the public purposes set out in Section 52-a,
2929 Article III, Texas Constitution.
3030 (b) The creation of the district is necessary to promote,
3131 develop, encourage, and maintain employment, commerce,
3232 transportation, housing, tourism, recreation, the arts,
3333 entertainment, economic development, safety, and the public
3434 welfare in the district.
3535 (c) This chapter and the creation of the district may not be
3636 interpreted to relieve Harris County from providing the level of
3737 services provided, as of the effective date of the Act enacting this
3838 chapter, to the area in the district. The district is created to
3939 supplement and not to supplant the county services provided in the
4040 area in the district.
4141 Sec. 3881.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
4242 (a) The district is created to serve a public use and benefit.
4343 (b) All land and other property included in the district
4444 will benefit from the improvements and services to be provided by
4545 the district under powers conferred by Sections 52 and 52-a,
4646 Article III, and Section 59, Article XVI, Texas Constitution, and
4747 other powers granted under this chapter.
4848 (c) The creation of the district is in the public interest
4949 and is essential to:
5050 (1) further the public purposes of developing and
5151 diversifying the economy of the state;
5252 (2) eliminate unemployment and underemployment; and
5353 (3) develop or expand transportation and commerce.
5454 (d) The district will:
5555 (1) promote the health, safety, and general welfare of
5656 residents, employers, potential employees, employees, visitors,
5757 and consumers in the district, and of the public;
5858 (2) provide needed funding for the district to
5959 preserve, maintain, and enhance the economic health and vitality of
6060 the district territory as a community and business center;
6161 (3) promote the health, safety, welfare, and enjoyment
6262 of the public by providing pedestrian ways and by landscaping and
6363 developing certain areas in the district, which are necessary for
6464 the restoration, preservation, and enhancement of scenic beauty;
6565 and
6666 (4) provide for water, wastewater, drainage, road, and
6767 recreational facilities for the district.
6868 (e) Pedestrian ways along or across a street, whether at
6969 grade or above or below the surface, and street lighting, street
7070 landscaping, parking, and street art objects are parts of and
7171 necessary components of a street and are considered to be a street
7272 or road improvement.
7373 (f) The district will not act as the agent or
7474 instrumentality of any private interest even though the district
7575 will benefit many private interests as well as the public.
7676 Sec. 3881.005. INITIAL DISTRICT TERRITORY. (a) The
7777 district is initially composed of the territory described by
7878 Section 2 of the Act enacting this chapter.
7979 (b) The boundaries and field notes contained in Section 2 of
8080 the Act enacting this chapter form a closure. A mistake in the
8181 field notes or in copying the field notes in the legislative process
8282 does not affect the district's:
8383 (1) organization, existence, or validity;
8484 (2) right to issue any type of bond for the purposes
8585 for which the district is created or to pay the principal of and
8686 interest on the bond;
8787 (3) right to impose or collect an assessment or tax; or
8888 (4) legality or operation.
8989 Sec. 3881.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
9090 All or any part of the area of the district is eligible to be
9191 included in:
9292 (1) a tax increment reinvestment zone created under
9393 Chapter 311, Tax Code;
9494 (2) a tax abatement reinvestment zone created under
9595 Chapter 312, Tax Code; or
9696 (3) an enterprise zone created under Chapter 2303,
9797 Government Code.
9898 Sec. 3881.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
9999 DISTRICTS LAW. Except as otherwise provided by this chapter,
100100 Chapter 375, Local Government Code, applies to the district.
101101 Sec. 3881.008. LIBERAL CONSTRUCTION OF CHAPTER. This
102102 chapter shall be liberally construed in conformity with the
103103 findings and purposes stated in this chapter.
104104 [Sections 3881.009-3881.050 reserved for expansion]
105105 SUBCHAPTER B. BOARD OF DIRECTORS
106106 Sec. 3881.051. GOVERNING BODY; TERMS. (a) The district is
107107 governed by a board of five voting directors who serve staggered
108108 terms of four years, with two or three directors' terms expiring
109109 June 1 of each odd-numbered year.
110110 (b) The board by resolution may change the number of voting
111111 directors on the board, but only if the board determines that the
112112 change is in the best interest of the district. The board may not
113113 consist of fewer than five or more than 15 voting directors.
114114 Sec. 3881.052. APPOINTMENT OF DIRECTORS. The Texas
115115 Commission on Environmental Quality shall appoint voting directors
116116 from persons recommended by the board.
117117 Sec. 3881.053. INITIAL VOTING DIRECTORS. (a) The initial
118118 board consists of the following voting directors:
119119 Pos. No. Name of Director Pos. No. Name of Director
120120 Pos. No. Name of Director
121121 1 Chris Taylor 1 Chris Taylor
122122 1 Chris Taylor
123123 2 Leanne Ross 2 Leanne Ross
124124 2 Leanne Ross
125125 3 Ryan Sweeney 3 Ryan Sweeney
126126 3 Ryan Sweeney
127127 4 Shane Herzog 4 Shane Herzog
128128 4 Shane Herzog
129129 5 Terry Taylor 5 Terry Taylor
130130 5 Terry Taylor
131131 (b) Of the initial directors, the terms of directors
132132 appointed for positions 1 through 3 expire June 1, 2011, and the
133133 terms of directors appointed for positions 4 and 5 expire June 1,
134134 2013.
135135 (c) Section 3881.052 does not apply to this section.
136136 Sec. 3881.054. NONVOTING DIRECTORS. The board may appoint
137137 nonvoting directors to serve at the pleasure of the voting
138138 directors.
139139 Sec. 3881.055. QUORUM. For purposes of determining the
140140 requirements for a quorum of the board, the following are not
141141 counted:
142142 (1) a board position vacant for any reason, including
143143 death, resignation, or disqualification;
144144 (2) a director who is abstaining from participation in
145145 a vote because of a conflict of interest; or
146146 (3) a nonvoting director.
147147 Sec. 3881.056. COMPENSATION. A director is entitled to
148148 receive fees of office and reimbursement for actual expenses as
149149 provided by Section 49.060, Water Code. Sections 375.069 and
150150 375.070, Local Government Code, do not apply to the board.
151151 [Sections 3881.057-3881.100 reserved for expansion]
152152 SUBCHAPTER C. POWERS AND DUTIES
153153 Sec. 3881.101. DEVELOPMENT CORPORATION POWERS. The
154154 district may exercise the powers given to a development corporation
155155 under Chapter 505, Local Government Code, including the power to
156156 own, operate, acquire, construct, lease, improve, or maintain a
157157 project described by that chapter.
158158 Sec. 3881.102. NONPROFIT CORPORATION. (a) The board by
159159 resolution may authorize the creation of a nonprofit corporation to
160160 assist and act for the district in implementing a project or
161161 providing a service authorized by this chapter.
162162 (b) The nonprofit corporation:
163163 (1) has each power of and is considered for purposes of
164164 this chapter to be a local government corporation created under
165165 Chapter 431, Transportation Code; and
166166 (2) may implement any project and provide any service
167167 authorized by this chapter.
168168 (c) The board shall appoint the board of directors of the
169169 nonprofit corporation. The board of directors of the nonprofit
170170 corporation shall serve in the same manner as the board of directors
171171 of a local government corporation created under Chapter 431,
172172 Transportation Code, except that a board member is not required to
173173 reside in the district.
174174 Sec. 3881.103. AGREEMENTS; GRANTS. (a) The district may
175175 make an agreement with or accept a gift, grant, or loan from any
176176 person.
177177 (b) The implementation of a project is a governmental
178178 function or service for the purposes of Chapter 791, Government
179179 Code.
180180 Sec. 3881.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
181181 SERVICES. To protect the public interest, the district may
182182 contract with a qualified person, including Harris County or the
183183 City of Houston, for the provision of law enforcement services in
184184 the district for a fee.
185185 Sec. 3881.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
186186 district may join and pay dues to a charitable or nonprofit
187187 organization that performs a service or provides an activity
188188 consistent with the furtherance of a district purpose.
189189 Sec. 3881.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
190190 district may establish and provide for the administration of one or
191191 more programs to promote state or local economic development and to
192192 stimulate business and commercial activity in the district,
193193 including programs to:
194194 (1) make loans and grants of public money; and
195195 (2) provide district personnel and services.
196196 (b) The district has all of the powers of a municipality
197197 under Chapter 380, Local Government Code.
198198 Sec. 3881.107. STRATEGIC PARTNERSHIP AGREEMENT. The
199199 district may negotiate and enter into a written strategic
200200 partnership with the City of Houston pursuant to Section 43.0751,
201201 Local Government Code.
202202 Sec. 3881.108. NO EMINENT DOMAIN. The district may not
203203 exercise the power of eminent domain.
204204 Sec. 3881.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
205205 district may annex land as provided by Subchapter J, Chapter 49,
206206 Water Code.
207207 (b) The district may exclude land as provided by Subchapter
208208 J, Chapter 49, Water Code. Section 375.044(b), Local Government
209209 Code, does not apply to the district.
210210 [Sections 3881.110-3881.150 reserved for expansion]
211211 SUBCHAPTER D. PUBLIC PARKING FACILITIES
212212 Sec. 3881.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
213213 PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire,
214214 lease as lessor or lessee, construct, develop, own, operate, and
215215 maintain parking facilities or a system of parking facilities,
216216 including:
217217 (1) lots, garages, parking terminals, or other
218218 structures or accommodations for parking motor vehicles off the
219219 streets; and
220220 (2) equipment, entrances, exits, fencing, and other
221221 accessories necessary for safety and convenience in parking
222222 vehicles.
223223 (b) A parking facility of the district may be leased to or
224224 operated on behalf of the district by an entity other than the
225225 district.
226226 (c) The district's parking facilities are a program
227227 authorized by the legislature under Section 52-a, Article III,
228228 Texas Constitution.
229229 (d) The district's parking facilities serve the public
230230 purposes of the district and are owned, used, and held for a public
231231 purpose even if leased or operated by a private entity for a term of
232232 years.
233233 Sec. 3881.152. RULES. The district may adopt rules
234234 governing the district's public parking facilities.
235235 Sec. 3881.153. FINANCING OF PUBLIC PARKING FACILITIES.
236236 (a) The district may use any of its resources, including revenue,
237237 assessments, taxes, or grant or contract proceeds, to pay the cost
238238 of acquiring or operating public parking facilities.
239239 (b) The district may:
240240 (1) set, charge, impose, and collect fees, charges, or
241241 tolls for the use of the district's public parking facilities; and
242242 (2) issue bonds or notes to finance the cost of the
243243 district's public parking facilities.
244244 [Sections 3881.154-3881.200 reserved for expansion]
245245 SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
246246 Sec. 3881.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
247247 board by resolution shall establish the number of directors'
248248 signatures and the procedure required for a disbursement or
249249 transfer of the district's money.
250250 Sec. 3881.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
251251 The district may acquire, construct, finance, operate, or maintain
252252 any improvement or service authorized under this chapter or Chapter
253253 375, Local Government Code, using any money available to the
254254 district.
255255 Sec. 3881.203. PETITION REQUIRED FOR FINANCING SERVICES AND
256256 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
257257 service or improvement project with assessments under this chapter
258258 unless a written petition requesting that service or improvement
259259 has been filed with the board.
260260 (b) A petition filed under Subsection (a) must be signed by
261261 the owners of a majority of the assessed value of real property in
262262 the district subject to assessment according to the most recent
263263 certified tax appraisal roll for Harris County.
264264 Sec. 3881.204. METHOD OF NOTICE FOR HEARING. The district
265265 may mail the notice required by Section 375.115(c), Local
266266 Government Code, by certified or first class United States mail.
267267 The board shall determine the method of mailing notice.
268268 Sec. 3881.205. ASSESSMENTS; LIENS FOR ASSESSMENTS.
269269 (a) The board by resolution may impose and collect an assessment
270270 for any purpose authorized by this chapter in all or any part of the
271271 district.
272272 (b) An assessment, a reassessment, or an assessment
273273 resulting from an addition to or correction of the assessment roll
274274 by the district, penalties and interest on an assessment or
275275 reassessment, an expense of collection, and reasonable attorney's
276276 fees incurred by the district:
277277 (1) are a first and prior lien against the property
278278 assessed;
279279 (2) are superior to any other lien or claim other than
280280 a lien or claim for county, school district, or municipal ad valorem
281281 taxes; and
282282 (3) are the personal liability of and a charge against
283283 the owners of the property even if the owners are not named in the
284284 assessment proceedings.
285285 (c) The lien is effective from the date of the board's
286286 resolution imposing the assessment until the date the assessment is
287287 paid. The board may enforce the lien in the same manner that the
288288 board may enforce an ad valorem tax lien against real property.
289289 (d) The board may make a correction to or deletion from the
290290 assessment roll that does not increase the amount of assessment of
291291 any parcel of land without providing notice and holding a hearing in
292292 the manner required for additional assessments.
293293 Sec. 3881.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
294294 ASSESSMENTS. The district may not impose an impact fee or
295295 assessment on the property, including the equipment,
296296 rights-of-way, facilities, or improvements, of:
297297 (1) an electric utility or a power generation company
298298 as defined by Section 31.002, Utilities Code;
299299 (2) a gas utility as defined by Section 101.003 or
300300 121.001, Utilities Code;
301301 (3) a telecommunications provider as defined by
302302 Section 51.002, Utilities Code; or
303303 (4) a person who provides to the public cable
304304 television or advanced telecommunications services.
305305 Sec. 3881.207. RESIDENTIAL PROPERTY. Section 375.161,
306306 Local Government Code, does not apply to:
307307 (1) a tax imposed by the district; or
308308 (2) any payment required by the district for a service
309309 provided by the district, including water and sewer services.
310310 Sec. 3881.208. OPERATION AND MAINTENANCE TAX. (a) If
311311 authorized at an election held in accordance with Section 3881.212,
312312 the district may impose an annual operation and maintenance tax on
313313 taxable property in the district in accordance with Section 49.107,
314314 Water Code, for any district purpose, including to:
315315 (1) maintain and operate the district;
316316 (2) construct or acquire improvements; or
317317 (3) provide a service.
318318 (b) The board shall determine the tax rate. The rate may not
319319 exceed the rate approved at the election.
320320 (c) Section 49.107(h), Water Code, does not apply to the
321321 district.
322322 Sec. 3881.209. CONTRACT TAXES. (a) In accordance with
323323 Section 49.108, Water Code, the district may impose a tax other than
324324 an operation and maintenance tax and use the revenue derived from
325325 the tax to make payments under a contract after the provisions of
326326 the contract have been approved by a majority of the district voters
327327 voting at an election held for that purpose.
328328 (b) A contract approved by the district voters may contain a
329329 provision stating that the contract may be modified or amended by
330330 the board without further voter approval.
331331 Sec. 3881.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
332332 BONDS. (a) The district may borrow money on terms and conditions
333333 as determined by the board. Section 375.205, Local Government
334334 Code, does not apply to a loan, line of credit, or other borrowing
335335 from a bank or financial institution secured by revenue other than
336336 ad valorem taxes.
337337 (b) The district may issue bonds, notes, or other
338338 obligations payable wholly or partly from ad valorem taxes, sales
339339 and use taxes, assessments, impact fees, revenue, contract
340340 payments, grants, or other district money, or any combination of
341341 those sources of money, to pay for any authorized district purpose.
342342 (c) The limitation on the outstanding principal amount of
343343 bonds, notes, and other obligations set forth in Section 49.4645,
344344 Water Code, does not apply to the district.
345345 Sec. 3881.211. TAXES FOR BONDS. At the time the district
346346 issues bonds payable wholly or partly from ad valorem taxes, the
347347 board shall provide for the annual imposition of a continuing
348348 direct annual ad valorem tax, without limit as to rate or amount,
349349 while all or part of the bonds are outstanding as required and in
350350 the manner provided by Sections 54.601 and 54.602, Water Code.
351351 Sec. 3881.212. ELECTIONS REGARDING TAXES AND BONDS.
352352 (a) The district may issue, without an election, bonds, notes, and
353353 other obligations secured by:
354354 (1) revenue other than ad valorem taxes; or
355355 (2) contract payments described by Section 3881.209.
356356 (b) The district must hold an election in the manner
357357 provided by Subchapter L, Chapter 375, Local Government Code, to
358358 obtain voter approval before the district may impose an ad valorem
359359 tax or sales and use tax or issue bonds payable from ad valorem
360360 taxes.
361361 (c) Section 375.243, Local Government Code, does not apply
362362 to the district.
363363 (d) All or any part of any facilities or improvements which
364364 may be acquired by a district by the issuance of its bonds may be
365365 included in one single proposition to be voted on at the election or
366366 the bonds may be submitted in several propositions.
367367 Sec. 3881.213. COMPETITIVE BIDDING. Subchapter I, Chapter
368368 49, Water Code, applies to the district. Sections 375.221 and
369369 375.223, Local Government Code, do not apply to the district.
370370 Sec. 3881.214. TAX AND ASSESSMENT ABATEMENTS. The district
371371 may grant in the manner authorized by Chapter 312, Tax Code, an
372372 abatement for a tax or assessment owed to the district.
373373 [Sections 3881.215-3881.250 reserved for expansion]
374374 SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
375375 PROPERTY
376376 Sec. 3881.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
377377 DESIGNATED PROPERTY. The district may define areas or designate
378378 certain property of the district to pay for improvements,
379379 facilities, or services that primarily benefit that area or
380380 property and do not generally and directly benefit the district as a
381381 whole.
382382 Sec. 3881.252. PROCEDURE FOR ELECTION. (a) Before the
383383 district may impose an ad valorem tax or issue bonds payable from ad
384384 valorem taxes of the area defined or property designated under
385385 Section 3881.251, the board must call and hold an election as
386386 provided by Section 3881.212 only in the defined area or in the
387387 boundaries of the designated property.
388388 (b) The board may submit the proposition to the voters on
389389 the same ballot to be used in another election.
390390 Sec. 3881.253. DECLARING RESULT AND ISSUING ORDER. (a) If
391391 a majority of the voters voting at the election approve the
392392 proposition or propositions, the board shall declare the results
393393 and by order shall establish the defined area and describe it by
394394 metes and bounds or designate the specific property.
395395 (b) A court may not review the board's order except on the
396396 ground of fraud, palpable error, or arbitrary and confiscatory
397397 abuse of discretion.
398398 Sec. 3881.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
399399 FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
400400 approval and adoption of the order described in Section 3881.253,
401401 the district may apply separately, differently, equitably, and
402402 specifically its taxing power and lien authority to the defined
403403 area or designated property to provide money to construct,
404404 administer, maintain, and operate services, improvements, and
405405 facilities that primarily benefit the defined area or designated
406406 property.
407407 Sec. 3881.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
408408 FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
409409 Section 3881.253 is adopted, the district may issue bonds to
410410 provide for any land, improvements, facilities, plants, equipment,
411411 and appliances for the defined area or designated property.
412412 [Sections 3881.256-3881.300 reserved for expansion]
413413 SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION
414414 Sec. 3881.301. MUNICIPAL ANNEXATION; DISSOLUTION.
415415 (a) The district is a "water or sewer district" under Section
416416 43.071, Local Government Code.
417417 (b) Section 43.075, Local Government Code, applies to the
418418 district.
419419 (c) Section 375.264, Local Government Code, does not apply
420420 to the dissolution of the district by a municipality.
421421 SECTION 2. Harris County Improvement District No. 13
422422 initially includes all territory contained in the following area:
423423 BEING 705.36 acres of land lying wholly within Harris County,
424424 Texas consisting of TRACT "1": A 400.03 acre tract situated in the
425425 Jno. W. Baker Survey, A-116 and the Moses Merritt Survey, A-579,
426426 TRACT "2": A 305.33 acre tract situated in the Moses Merritt Survey,
427427 A-579 and the J. W. Moody Survey, A-547 and more particularly
428428 described as follows:
429429 TRACT "1"
430430 BEING a 400.03 acre tract situated in the Jno. W. Baker
431431 Survey, A-116 and the Moses Merritt Survey, A-579, Harris County,
432432 Texas and being part of that certain called 891.99 acre tract
433433 described and recorded under Harris County Clerk's File Number
434434 (H.C.C.F. No.) 20070535841, said 400.03 acre being more
435435 particularly described by metes and bounds as follows:
436436 BEGINNING at a 5/8-inch iron rod found for the northwest
437437 corner of a called 21.148 acre tract described and recorded under
438438 H.C.C.F. No. M488539 and being in the southern right-of-way line of
439439 the Union Pacific Railroad Company railroad right-of-way (100' wide
440440 at this point) as recorded in Volume 964, Page 88 of the Harris
441441 County Deed Records (H.C.D.R.);
442442 THENCE, along the western lines of said 21.148 acre tract and
443443 the eastern lines of the said 891.99 acre tract the following five
444444 (5) courses:
445445 S 2151'31" W, a distance of 100.00 feet to a disturbed
446446 5/8-inch iron rod found for the point of curvature of a curve to the
447447 left;
448448 In a southeasterly direction, 498.97 feet along the arc
449449 of said curve to the left having a radius of 610.00 feet, a central
450450 angle of 4652'00" and whose chord bears S 0134'29" E, 485.17 feet
451451 to a 5/8-inch iron rod found for the point of tangency of said
452452 curve;
453453 S 2500'29" E, a distance of 437.99 feet to a 5/8-inch
454454 iron rod found for the point of curvature of a curve to the right;
455455 In a southeasterly direction, 153.69 feet along the arc
456456 of said curve to the right having a radius of 390.00 feet, a central
457457 angle of 2234'45" and whose chord bears S 1343'07" E, 152.70 feet
458458 to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for the
459459 point of tangency of said curve;
460460 S 0225'44" E, a distance of 2406.07 feet to a 5/8-inch
461461 iron rod with cap stamped "BROWN & GAY set for the southeast corner
462462 of the herein described tract, the beginning of a non-tangent curve
463463 to the left;
464464 THENCE the following eight (8) courses and distances over and
465465 across said called 891.99 acre tract:
466466 In a Westerly direction, along a curve to the left, a
467467 distance of 853.40 feet, having a radius of 1950.00 feet, a central
468468 angle of 2504'30" and a chord which bears N 7757'39" W, 846.60 feet
469469 to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the
470470 point of tangency;
471471 S 8930'06" W, a distance of 100.00 feet to a 5/8-inch
472472 iron rod with cap stamped "BROWN & GAY set for the beginning of a
473473 tangent curve to the right;
474474 In a Northwesterly direction, along said curve to the
475475 right, a distance of 2441.52 feet, having a radius of 2050.00 feet,
476476 a central angle of 6814'18" and a chord which bears N 5622'45" W,
477477 2299.76 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
478478 set for the point of tangency;
479479 N 2215'36" W, a distance of 873.59 feet to a 5/8-inch
480480 iron rod with cap stamped "BROWN & GAY set for the beginning of a
481481 tangent curve to the left;
482482 In a Northwesterly direction, along said curve to the
483483 left, a distance of 2468.33 feet, having a radius of 1950.00 feet, a
484484 central angle of 7231'32" and a chord which bears N 5831'22" W,
485485 2306.81 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
486486 set for the point of tangency;
487487 S 8512'52" W, a distance of 100.00 feet to a 5/8-inch
488488 iron rod with cap stamped "BROWN & GAY set for the beginning of a
489489 tangent curve to the right;
490490 In a Westerly direction, along said curve to the right,
491491 a distance of 941.65 feet, having a radius of 2050.00 feet, a
492492 central angle of 2619'06" and a chord which bears N 8137'35" W,
493493 933.39 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set
494494 for the point of tangency;
495495 N 6828'02" W, a distance of 399.82 feet to a 5/8-inch
496496 iron rod with cap stamped "BROWN & GAY set for corner in the east
497497 line of a called 2,523.670 acre tract described and recorded under
498498 H.C.C.F. No. U036618;
499499 THENCE, N 0208'21" W, a distance of 2274.31 feet along the
500500 east line of said 2,523.670 acre tract to a 5/8-inch iron rod with
501501 cap stamped "BROWN & GAY" set for the northwest corner of the herein
502502 described tract and being in the southern right-of-way line of the
503503 said Union Pacific Railroad Company railroad right-of-way (150'
504504 wide at this point);
505505 THENCE, along the said southern right-of-way line the
506506 following three (3) courses:
507507 S 6808'29" E, a distance of 1,452.09 feet to a 5/8-inch
508508 iron rod with cap stamped "BROWN & GAY" set for an angle point;
509509 N 0245'38" W, a distance of 55.00 feet to a 5/8-inch
510510 iron rod with cap stamped "BROWN & GAY" set for an angle point from
511511 which a found disturbed 5/8-inch iron rod bears S 7535' W, 0.64
512512 feet;
513513 S 6808'29" E, a distance of 692.19 feet to a 5/8-inch
514514 iron rod with cap stamped "BROWN & GAY" set for the northwest corner
515515 of a called 3.220 acre tract described and recorded under D592435;
516516 THENCE, along the lines common to said 3.220 acre tract and
517517 the herein described tract the following three (3) courses:
518518 S 1608'53" W, a distance of 854.18 feet to a 5/8-inch
519519 iron rod with cap stamped "BROWN & GAY" set for the southwest corner
520520 of said 3.220 acre tract;
521521 S 6808'29" E, a distance of 80.00 feet to a 5/8-inch
522522 iron rod with cap stamped "BROWN & GAY" set for the southeast corner
523523 of said 3.220 acre tract;
524524 N 2734'09" E, a distance of 854.18 feet to a 5/8-inch
525525 iron rod with cap stamped "BROWN & GAY" set for the northeast corner
526526 of said 3.220 acre tract;
527527 THENCE, S 6808'29" E, a distance of 4,420.07 feet along the
528528 said southern railroad right-of-way line to the POINT OF BEGINNING
529529 and containing 400.03 acres of land.
530530 TRACT "2"
531531 BEING a 305.33 acre tract of land in the Moses Merrit Survey,
532532 A-579 and the J. W. Moody Survey, A-547, Harris County, Texas, being
533533 part of that certain called 435.44 acre tract described and
534534 recorded under Harris County Clerk's File Number (H.C.C.F. No.)
535535 20070535841, said 305.33 acre tract being more particularly
536536 described by metes and bounds as follows:
537537 BEGINNING at a 5/8-inch iron rod found for the northeast
538538 corner of a called 21.148 acre tract described and recorded under
539539 H.C.C.F. No. M488539 and being in the southern right-of-way line of
540540 the Union Pacific Railroad Company railroad right-of-way (100' wide
541541 at this point) as recorded in Volume 964, Page 88 of the Harris
542542 County Deed Records (H.C.D.R.), having coordinates of X:
543543 3,004,753.52, Y: 13,921,042.73;
544544 THENCE, along the said southern right-of-way line the
545545 following five (5) courses:
546546 S 6808'29" E, a distance of 3,677.36 feet to a 5/8-inch
547547 iron rod found for an angle point;
548548 S 2012'43" W, a distance of 140.80 feet to a 5/8-inch
549549 iron rod with cap stamped "BROWN & GAY" set for an angle point;
550550 S 6952'17" E, a distance of 390.35 feet to a 5/8-inch
551551 iron rod with cap stamped "BROWN & GAY" set for an angle point;
552552 N 1721'43" E, a distance of 129.36 feet to a 5/8-inch
553553 iron rod with cap stamped "BROWN & GAY" set for an angle point from
554554 which a found 5/8-inch iron rod bears S 3105' W, 0.33 feet;
555555 S 6808'29" E, a distance of 226.09 feet to a 5/8-inch
556556 iron rod with cap stamped "BROWN & GAY" set for the northeast corner
557557 of the herein described tract and the northwest corner of a called
558558 237.257 acre tract described and recorded under H.C.C.F. No.
559559 W483191 from which a found 5/8-inch iron rod bears S 2912' W, 0.47
560560 feet;
561561 THENCE, S 0144'44" E, a distance of 2704.45 feet to a
562562 5/8-inch iron rod with cap stamped "BROWN & GAY set for the most
563563 easterly southeast corner of the herein described tract;
564564 THENCE the following six (6) courses and distances over and
565565 across said called 435.44 acre tract:
566566 S 8815'16" W, a distance of 75.72 feet to a 5/8-inch
567567 iron rod with cap stamped "BROWN & GAY set for the beginning of a
568568 tangent curve to the left;
569569 In a Westerly direction, along said curve to the left, a
570570 distance of 531.50 feet, having a radius of 1950.00 feet, a central
571571 angle of 1537'00" and a chord which bears S 8026'46" W, 529.85 feet
572572 to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the
573573 point of tangency;
574574 S 7238'16" W, a distance of 565.96 feet to a 5/8-inch
575575 iron rod with cap stamped "BROWN & GAY set for the beginning of a
576576 tangent curve to the right;
577577 In a Westerly direction, along said curve to the right,
578578 a distance of 2329.05 feet, having a radius of 2050.00 feet, a
579579 central angle of 6505'42" and a chord which bears N 7448'53" W,
580580 2205.79 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY
581581 set for the point of tangency;
582582 N 4216'02" W, a distance of 100.00 feet to a 5/8-inch
583583 iron rod with cap stamped "BROWN & GAY set for the beginning of a
584584 tangent curve to the left;
585585 In a Northwesterly direction, along said curve to the
586586 left, a distance of 531.87 feet, having a radius of 1950.00 feet, a
587587 central angle of 1537'39" and a chord which bears N 5004'52" W,
588588 530.22 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set
589589 for corner;
590590 THENCE, along the eastern lines of said 21.148 acre tract and
591591 the western lines of the herein described tract the following five
592592 (5) courses:
593593 N 0225'44" W, a distance of 2537.06 feet to a 5/8-inch
594594 iron rod with cap stamped "BROWN & GAY set for the point of
595595 curvature of a curve to the left;
596596 In a northwesterly direction, 121.77 feet along the arc
597597 of said curve to the left having a radius of 610.00 feet, a central
598598 angle of 2234'45" and whose chord bears N 1343'07" W, 238.84 feet
599599 to a disturbed 5/8-inch iron rod found for the point of tangency of
600600 said curve;
601601 N 2500'29" W, a distance of 437.99 feet to a 5/8-inch
602602 iron rod found for the point of curvature of a curve to the right;
603603 In a northwesterly direction, 319.01 feet along the arc
604604 of said curve to the right having a radius of 390.00 feet, a central
605605 angle of 4652'00" and whose chord bears N 0134'29" W, 310.19 feet
606606 to a 5/8-inch iron rod found for the point of tangency of said
607607 curve;
608608 N 2151'31" E, a distance of 100.00 feet to the POINT OF
609609 BEGINNING and containing 305.33 acres of land.
610610 SECTION 3. (a) The legal notice of the intention to
611611 introduce this Act, setting forth the general substance of this
612612 Act, has been published as provided by law, and the notice and a
613613 copy of this Act have been furnished to all persons, agencies,
614614 officials, or entities to which they are required to be furnished
615615 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
616616 Government Code.
617617 (b) The governor, one of the required recipients, has
618618 submitted the notice and Act to the Texas Commission on
619619 Environmental Quality.
620620 (c) The Texas Commission on Environmental Quality has filed
621621 its recommendations relating to this Act with the governor,
622622 lieutenant governor, and speaker of the house of representatives
623623 within the required time.
624624 (d) The general law relating to consent by political
625625 subdivisions to the creation of districts with conservation,
626626 reclamation, and road powers and the inclusion of land in those
627627 districts has been complied with.
628628 (e) All requirements of the constitution and laws of this
629629 state and the rules and procedures of the legislature with respect
630630 to the notice, introduction, and passage of this Act have been
631631 fulfilled and accomplished.
632632 SECTION 4. This Act takes effect immediately if it receives
633633 a vote of two-thirds of all the members elected to each house, as
634634 provided by Section 39, Article III, Texas Constitution. If this
635635 Act does not receive the vote necessary for immediate effect, this
636636 Act takes effect September 1, 2009.
637637 ______________________________ ______________________________
638638 President of the Senate Speaker of the House
639639 I hereby certify that S.B. No. 2473 passed the Senate on
640640 May 6, 2009, by the following vote: Yeas 31, Nays 0.
641641 ______________________________
642642 Secretary of the Senate
643643 I hereby certify that S.B. No. 2473 passed the House on
644644 May 15, 2009, by the following vote: Yeas 144, Nays 0, one
645645 present not voting.
646646 ______________________________
647647 Chief Clerk of the House
648648 Approved:
649649 ______________________________
650650 Date
651651 ______________________________
652652 Governor
653653
654654 Pos. No. Name of Director
655655
656656 1 Chris Taylor
657657
658658 2 Leanne Ross
659659
660660 3 Ryan Sweeney
661661
662662 4 Shane Herzog
663663
664664 5 Terry Taylor