S.B. No. 2510
AN ACT
relating to the creation of the Harris County Improvement District
No. 18; 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 3879 to read as follows:
CHAPTER 3879. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 18
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3879.001. 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. 18.
Sec. 3879.002. NATURE OF DISTRICT. The Harris County
Improvement District No. 18 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3879.003. 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 creating 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. 3879.004. 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, employees, potential employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3879.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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. 3879.006. 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. 3879.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3879.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3879.009-3879.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3879.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board, but only if the board determines that the
change is in the best interest of the district. The board may not
consist of fewer than five or more than 15 voting directors.
Sec. 3879.052. APPOINTMENT OF DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3879.053. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director
1 Robert DeForest
2 Burdette Keeland
3 Bobby Deden
4 Dwayne Mason
5 John Murphy
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2011, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2013.
(c) Section 3879.052 does not apply to this section.
(d) This section expires September 1, 2014.
Sec. 3879.054. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3879.055. 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. 3879.056. 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 3879.057-3879.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3879.101. DEVELOPMENT CORPORATION POWERS. The
district may exercise the powers given to a development corporation
under Chapter 505, Local Government Code, including the power to
own, operate, acquire, construct, lease, improve, or maintain a
project described by that chapter.
Sec. 3879.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code, except that a board member is not required to
reside in the district.
Sec. 3879.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3879.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
SERVICES. To protect the public interest, the district may
contract with a qualified person, including Harris County or the
City of Houston, for the provision of law enforcement services in
the district for a fee.
Sec. 3879.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3879.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one or
more programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality
under Chapter 380, Local Government Code.
Sec. 3879.107. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership with the City of Houston as provided by Section
43.0751, Local Government Code.
Sec. 3879.108. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
Sec. 3879.109. USE OF CONDUITS. (a) The district may
finance, acquire, construct, improve, operate, maintain, or charge
a fee for the use of district conduits for:
(1) fiber-optic cable;
(2) electronic transmission lines; or
(3) other types of transmission lines and supporting
facilities.
(b) The district may not require a person to use a district
conduit.
Sec. 3879.110. 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 3879.111-3879.150 reserved for expansion]
SUBCHAPTER D. PUBLIC PARKING FACILITIES
Sec. 3879.151. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
lessee, construct, develop, own, operate, and maintain parking
facilities or a system of parking facilities, including:
(1) lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets; and
(2) equipment, entrances, exits, fencing, and other
accessories necessary for safety and convenience in parking
vehicles.
(b) A parking facility of the district may be leased to or
operated on behalf of the district by an entity other than the
district.
(c) The district's parking facilities are a program
authorized by the legislature under Section 52-a, Article III,
Texas Constitution.
(d) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
Sec. 3879.152. RULES. The district may adopt rules
governing the district's public parking facilities.
Sec. 3879.153. FINANCING OF PUBLIC PARKING FACILITIES.
(a) The district may use any of its resources, including revenue,
assessments, taxes, or grant or contract proceeds, to pay the cost
of acquiring or operating public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or
tolls for the use of the district's public parking facilities; and
(2) issue bonds or notes to finance the cost of the
district's public parking facilities.
[Sections 3879.154-3879.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 3879.201. 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. 3879.202. 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. 3879.203. 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. 3879.204. 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 notice.
Sec. 3879.205. 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. 3879.206. 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. 3879.207. RESIDENTIAL PROPERTY. Section 375.161,
Local Government Code, does not apply to a tax imposed by the
district or a required payment for a service provided by the
district, including water and sewer service.
Sec. 3879.208. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section 3879.212,
the district may impose an annual operation and maintenance tax on
taxable property in the district in accordance with Section 49.107,
Water Code, for any district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3879.209. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3879.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS. (a) The district may borrow money on terms and conditions
as determined by the board. Section 375.205, Local Government
Code, does not apply to a loan, line of credit, or other borrowing
from a bank or financial institution secured by revenue other than
ad valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes, sales
and use taxes, assessments, impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources of money, to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3879.211. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct 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. 3879.212. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3879.209.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or sales and use tax or issue bonds payable from ad valorem
taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of district 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. 3879.213. COMPETITIVE BIDDING. Subchapter I, Chapter
49, Water Code, applies to the district. Sections 375.221 and
375.223, Local Government Code, do not apply to the district.
Sec. 3879.214. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
[Sections 3879.215-3879.250 reserved for expansion]
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3879.251. 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. 3879.252. 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 3879.251, the board must call and hold an election as
provided by Section 3879.212 only in the defined area or in the
boundaries of the designated property.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3879.253. 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. 3879.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREA OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described in Section 3879.253,
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. 3879.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
Section 3879.253 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 3879.256-3879.300 reserved for expansion]
SUBCHAPTER G. SALES AND USE TAX
Sec. 3879.301. MEANINGS OF WORDS AND PHRASES. Words and
phrases used in this subchapter that are defined by Chapters 151 and
321, Tax Code, have the meanings assigned by Chapters 151 and 321,
Tax Code.
Sec. 3879.302. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Except as otherwise provided by this subchapter,
Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
apply to taxes imposed under this subchapter and to the
administration and enforcement of those taxes in the same manner
that those laws apply to state taxes.
(b) Chapter 321, Tax Code, relating to municipal sales and
use taxes, applies to the application, collection, change, and
administration of a sales and use tax imposed under this subchapter
to the extent consistent with this chapter, as if references in
Chapter 321, Tax Code, to a municipality referred to the district
and references to a governing body referred to the board.
(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
apply to a tax imposed under this subchapter.
Sec. 3879.303. AUTHORIZATION; ELECTION. (a) The district
may adopt a sales and use tax to serve the purposes of the district
after an election in which a majority of the voters of the district
voting in the election authorize the adoption of the tax.
(b) The board by order may call an election to authorize a
sales and use tax. The election may be held with any other district
election.
(c) The district shall provide notice of the election and
shall hold the election in the manner prescribed by Section
3879.212.
(d) The ballots shall be printed to provide for voting for
or against the proposition: "Authorization of a sales and use tax
in the Harris County Improvement District No. 18 at a rate not to
exceed _____ percent."
Sec. 3879.304. ABOLISHING SALES AND USE TAX. (a) Except
as provided by Subsection (b), the board may abolish the sales and
use tax without an election.
(b) The board may not abolish the sales and use tax if the
district has outstanding debt secured by the tax.
Sec. 3879.305. SALES AND USE TAX RATE. (a) On adoption of
the tax authorized by this subchapter, there is imposed a tax on the
receipts from the sale at retail of taxable items within the
district, and an excise tax on the use, storage, or other
consumption within the district of taxable items purchased, leased,
or rented from a retailer within the district during the period that
the tax is in effect.
(b) The board shall determine the rate of the tax, which may
be in one-eighth of one percent increments not to exceed the maximum
rate authorized by the district voters at the election. The board
may lower the tax rate to the extent it does not impair any
outstanding debt or obligations payable from the tax.
(c) The rate of the excise tax is the same as the rate of the
sales tax portion of the tax and is applied to the sales price of the
taxable item.
[Sections 3879.306-3879.350 reserved for expansion]
SUBCHAPTER H. HOTEL OCCUPANCY TAXES
Sec. 3879.351. HOTEL OCCUPANCY TAX. (a) In this section,
"hotel" has the meaning assigned by Section 156.001, Tax Code.
(b) For purposes of this section, a reference in Chapter
351, Tax Code, to a municipality is a reference to the district and
a reference in Chapter 351, Tax Code, to the municipality's
officers or governing body is a reference to the board.
(c) Except as otherwise provided by this section,
Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax
authorized by this section, including the collection of the tax.
(d) The district may impose a hotel occupancy tax and may
use revenue from the tax for any district purpose that is an
authorized use of hotel occupancy tax revenue under Chapter 351,
Tax Code.
(e) The board by order may impose, repeal, increase, or
decrease the rate of a tax on a person who, under a lease,
concession, permit, right of access, license, contract, or
agreement, pays for the use or possession or for the right to the
use or possession of a room that:
(1) is in a hotel located in the district's boundaries;
(2) costs $2 or more each day; and
(3) is ordinarily used for sleeping.
(f) The amount of the tax may not exceed seven percent of the
price paid for a room in a hotel.
(g) The district may examine and receive information
related to the imposition of hotel occupancy taxes to the same
extent as if the district were a municipality.
[Sections 3879.352-3879.400 reserved for expansion]
SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION
Sec. 3879.401. MUNICIPAL ANNEXATION; DISSOLUTION.
(a) Section 43.071, Local Government Code, applies to the
district, and the district is a "water or sewer district" for
purposes of that section.
(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. The Harris County Improvement District No. 18
initially includes all territory contained in the following area:
TRACT 1 of 3:
Being a tract or parcel containing 69.9705 acres of land
situated in the F. Limsky Survey, Abstract Number 512, Harris
County, Texas, and being all of the called 69.9297 acre tract as
described in the deed to Chrymirene Properties Company, Inc., and
Springwoods Realty Company recorded under Harris County Clerk's
File Number T146401; said 69.9705 acre tract being more
particularly described by metes and bounds as follows (all bearings
stated herein are based on the Texas State Plane Coordinate System,
South Central Zone, NAD 29 (19683 adjustment) as depicted on the
Texas Department of Transportation Right-of-Way map for Interstate
Highway 45, Account Number 9012-7-30, CSJ 0110-05-068):
BEGINNING at a 3/4-inch iron rod found in the south
right-of-way line of the Missouri Pacific Railroad (100 feet wide),
as described in the deed recorded in Volume 139, Page 452, of the
Harris County Deed Records, marking the northwest corner of said
called 69.9297 acre tract common with the northeast corner of the
called 15.00 acre tract as described in the deed recorded under
Harris County Clerk's File Number D798332;
THENCE, South 8057'24" East, along said south right-of-way
line, a distance of 1,762.44 feet to a 5/8-inch iron rod found
marking the northwest corner of the called 10.445 acre tract as
described in the deed recorded under Harris County Clerk's File
Number F394301;
THENCE, South 0249'28" East, along the west line of said
called 10.445 acre tract, a distance of 1,630.01 feet to a 5/8-inch
iron rod with plastic cap stamped "TERRA SURVEYING" set in the north
right-of-way line of Spring Stuebner Road (60 feet wide);
THENCE, South 8654'21" West, along said north right-of-way
line, a distance of 1,498.48 feet to a 5/8-inch iron rod found
marking the southeast corner aforesaid called 15.00 acre tract;
THENCE, North 0253'31" West, along the east line of said
called 15.00 acre tract, a distance of 360.27 feet to a 5/8-inch
iron rod found marking an angle corner of said called 15.00 acre
tract;
THENCE, South 8654'45" West, along the east line of said
called 15.00 acre tract, a distance of 223.95 feet to a 5/8-inch
iron rod found marking an angle corner of said called 15.00 acre
tract;
THENCE, North 253'31" West, along the east line of said
called 15.00 acre tract, a distance of 1,640.27 feet to the POINT OF
BEGINNING 69.9705 acres of land. This description is based on the
plat of the ALTA/ACSM Land Title Survey prepared by Terra Surveying
Company, Inc., dated July 19, 2006, TSC Project Number
0106-0301-A01.
TRACT 2 of 3:
Being a tract or parcel containing 83.0841 acres of land
situated in the F. Limsky Survey, Abstract Number 512, Harris
County, Texas, and being all of the called 82.8694 acre tract as
described in the deed to Chrymirene Properties Company, Inc., and
Springwoods Realty Company recorded under Harris County Clerk's
File Number T146401; said 83.0841 acre tract being more
particularly described by metes and bounds as follows (all bearings
stated herein are based on the Texas State Plane Coordinate System,
South Central Zone, NAD 29 (19683 adjustment) as depicted on the
Texas Department of Transportation Right-of-Way map for Interstate
Highway 45, Account Number 9012-7-30, CSJ 0110-05-068):
BEGINNING at a 5/8-inch iron rod found in the south
right-of-way line of the Missouri Pacific Railroad (100 feet wide),
as described in the deed recorded in Volume 139, Page 452, of the
Harris County Deed Records, marking the northeast corner of said
called 82.8694 acre tract common with the northwest corner of the
called 4.1807 acre tract as described in the deed recorded under
Harris County Clerk's File Number H058736;
THENCE, South 0215'54" East, along the west line of said
called 4.1807 acre tract, a distance of 507.13 feet to a 5/8-inch
iron rod with plastic cap stamped "TERRA SURVEYING" set in the north
right-of-way line of Spring Stuebner Road (60 feet wide) marking
the southeast corner of the herein described tract;
THENCE, South 8654'21" West, along said north right-of-way
line, a distance of 3,901.63 feet to a 5/8-inch iron rod found
marking the southeast corner of the called 9.4671 acre tract as
described in the deed recorded under Harris County Clerk's File
Number F773219;
THENCE, North 0249'28" West, along the east line of said
called 9.4671 acre tract, a distance of 1,346.43 feet to a 5/8-inch
iron rod with plastic cap stamped "TERRA SURVEYING" set in the
aforesaid south right-of-way line of the Missouri Pacific Railroad
marking the north west corner of the herein described tract;
THENCE, South 8057'24" East, along said south right-of-way
line a distance of 3,991.87 feet to the POINT OF BEGINNING 83.0841
acres of land. This description is based on the plat of the
ALTA/ACSM Land Title Survey prepared by Terra Surveying Company,
Inc., dated July 19, 2006, TSC Project Number 0106-0301-A01.
TRACT 3 of 3:
Being a tract or parcel containing 1,421.1124 acres of land
situated in the F. Limsky Survey, Abstract Number 512, Richard
Beach Survey, Abstract Number 137, and the James Moore Survey,
Abstract Number 583, all in Harris County, Texas, and being all of
the called 1,408.0939 acre tract as described in the deed to
Chrymirene Properties Company, Inc., and Springwoods Realty
Company recorded under Harris County Clerk's File Number T146401,
and all of the called 1.4856 acre tract as described in the deed to
Springwoods Realty Corporation recorded under Harris County
Clerk's File Number T785884; said 1,421.1124 acre tract being more
particularly described by metes and bounds as follows (all bearings
stated herein are based on the Texas State Plane Coordinate System,
South Central Zone, NAD 29 (19683 adjustment) as depicted on the
Texas Department of Transportation Right-of-Way map for Interstate
Highway 45, Account Number 9012-7-30, CSJ 0110-05-068):
BEGINNING at an axle found in the north right-of-way line of
the Missouri Pacific Railroad (100 feet wide), as described in the
deed recorded in Volume 139, Page 452, of the Harris County Deed
Records, marking the southeast corner of said called 1,408.0939
acre tract common with the southwest corner of the called 6.00 acre
tract as described in the deed recorded under Harris County Clerk's
File Number U173578;
THENCE, North 8057'24" West, along said north right-of-way
line, a distance of 7,926.68 feet to a 5/8-inch iron rod found
marking the southeast corner of the called 140.1685 acre tract as
described in the deed recorded under Harris County Clerk's File
Number R984278 common with the southwest corner of the herein
described tract;
THENCE, North 0226'47" West, along the east line of said
called 140.1685 acre tract, a distance of 5,748.58 feet to the
northwest corner of the herein described tract in the centerline of
Spring Creek;
THENCE, along the centerline of Spring Creek as meandered in
July of 2006 the following Forty-Eight (48) courses and distances;
North 3122'36" East, a distance of 142.45 feet;
North 4935'22" East, a distance of 116.57 feet;
South 8900'36" East, a distance of 292.35 feet;
South 5827'00" East, a distance of 85.79 feet;
North 8056'30" East, a distance of 164.19 feet;
North 6157'17" East, a distance of 269.77 feet;
South 6315'16" East, a distance of 349.48 feet;
South 8026'06" East, a distance of 208.37 feet;
South 4036'00" East, a distance of 274.54 feet;
South 8438'53" East, a distance of 113.03 feet;
North 5047'47" East, a distance of 543.35 feet;
South 8014'02" East, a distance of 212.53 feet;
South 4539'14" East, a distance of 195.16 feet;
South 2416'46" East, a distance of 186.29 feet;
North 8716'43" East, a distance of 92.63 feet;
North 6747'36" East, a distance of 416.14 feet;
North 2629'19" East, a distance of 95.14 feet;
North 945'41" West, a distance of 542.50 feet;
North 5246'48" East, a distance of 192.95 feet;
South 8436'09" East, a distance of 200.78 feet;
North 3909'55" East, a distance of 131.98 feet;
North 1359'12" East, a distance of 488.80 feet;
North 5554'31" East, a distance of 252.47 feet;
North 7150'16" East, a distance of 496.79 feet;
North 4534'12" East, a distance of 107.58 feet;
North 8130'41" East, a distance of 83.70 feet;
South 7538'22" East, a distance of 94.27 feet;
South 5803'06" East, a distance of 147.30 feet;
South 7645'02" East, a distance of 382.50 feet;
North 4806'00" East, a distance of 238.60 feet;
North 2225'42" East, a distance of 198.43 feet;
North 5954'16" East, a distance of 84.46 feet;
North 7224'48" East, a distance of 208.16 feet;
South 8443'33" East, a distance of 357.51 feet;
North 7230'04" East, a distance of 117.17 feet;
South 8726'11" East, a distance of 212.90 feet;
South 6913'23" East, a distance of 345.53 feet;
South 2906'11" East, a distance of 101.86 feet;
North 8954'32" East, a distance of 176.49 feet;
North 5926'57" East, a distance of 423.79 feet;
North 6631'27" East, a distance of 168.10 feet;
South 8332'01" East, a distance of 222.63 feet;
North 8420'46" East, a distance of 74.88 feet;
North 5440'19" East, a distance of 77.43 feet;
North 4103'04" East, a distance of 231.87 feet;
North 7135'52" East, a distance of 144.34 feet;
South 8133'16" East, a distance of 91.64 feet;
South 6642'36" East, a distance of 117.37 feet to the
intersection of said centerline and the west right-of-way
line of Interstate Highway 45 (width varies);
THENCE, along said west right-of-way line the following
Sixteen (16) courses and distances
South 0311'31" East (called South 0411'25" East), a
distance of 366.12 feet to a 5/8-inch iron rod with plastic
cap stamped "TERRA SURVEYING" set;
South 0325'46" East (called South 0411'25" East), a
distance of 154.92 feet to a found Texas Department of
Transportation monument;
South 0301'28" East (called South 0411'25" East), a
distance of 40.53 feet to a found Texas Department of
Transportation from which a found 2-inch iron pipe bears
North 4709' East, 0.92 feet;
North 8637'31" East (called North 8645'55" East), a
distance of 150.29 feet to a found Texas Department of
Transportation monument from which a found 5/8-inch iron rod
bears North 4310' East, 1.35 feet;
South 1015'13" East (called South 1022'11" East), a
distance of 647.19 feet (called 649.81 feet) to a 5/8-inch
iron rod with plastic cap stamped "TERRA SURVEYING" set from
which a 5/8-inch iron rod found disturbed bears South
0757'24" East, 3.67 feet;
South 0453'28" East (called South 0451'18" East), a
distance of 303.83 feet (called 300.13 feet) to a found
5/8-inch iron rod;
South 0728'17" East, a distance of 99.95 feet to a found
5/8-inch iron rod;
South 3941'01" West, a distance of 57.06 feet to a set
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
South 8720'13" West, a distance of 10.00 feet to a found
Texas Department of Transportation monument;
South 0239'47" East, a distance of 80.00 feet to a set
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
North 8720'13" East, a distance of 10.00 feet to a set
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
South 4626'42" East, a distance of 77.96 feet to a set
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
South 0458'48" East, a distance of 208.76 to a found
Texas Department of Transportation monument;
South 0710'22" East, a distance of 485.85 feet to a set
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
South 0523'54" East, a distance of 206.08 feet set
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING";
South 0302'04" East, a distance of 377.43 feet to a
5/8-inch iron rod found marking the northeast corner of the
called 10 acre tract as described in the deed recorded in
Volume 1048, Page 67, of the Harris County Deed Records;
THENCE, South 8819'48" West, along the north line of said
called 10 acre tract, a distance of 764.64 feet (called 763.69 feet)
to a 1/2-inch iron pipe found marking the northwest corner of said
called 10.0 acre tract;
THENCE, South 0214'16" East, along the west line of said
called 10 acre tract, a distance of 426.96 feet to a 5/8-inch iron
rod with plastic cap stamped "TERRA SURVEYING" set marking an
interior corner of the herein described tract;
THENCE, North 8752'57" East, along the south line of said
called 10 acre tract, a distance of 770.46 feet (called 771.28 feet)
to a 5/8-inch iron rod found in the aforesaid west right-of-way line
of Interstate Highway 45 marking the southeast corner of said
called 10 acre tract;
THENCE, South 0302'04" East, along said west right-of-way
line, a distance of 739.59 feet to a 5/8-inch iron rod with plastic
cap stamped "TERRA SURVEYING" set marking the Point of Curvature of
a curve to the left;
THENCE, continuing along said west right-of-way line, along
said curve to the left having a central angle of 0002'17", an arc
distance of 15.34 feet, a radius of 23,099.81 feet, and a chord
which bears South 0303'11" East, a distance of 15.34 feet to a
5/8-inch iron rod found marking the northeast corner of the called
6.64 acre tract as described in the deed recorded in Volume 2247,
Page 590, of the Harris County Deed Records;
THENCE, South 8750'13" West (called South 8745'44" West),
along the north line of said called 6.64 acre tract, a distance of
779.22 feet (called 779.49 feet) to a 5/8-inch iron rod found
marking the northwest corner of said called 6.64 acre tract;
THENCE, South 0212'23" East (called South 0234'59" East),
along the east line of said called 6.64 acre tract, a distance of
299.10 feet (called 299.26 feet) to a 1/2-inch iron pipe found
marking the northeast corner of the called 1.701 acre tract as
described in the deed recorded under Harris County Clerk's File
Number T934409;
THENCE, South 0216'10" East (called South 0214'48" East),
along the west line of said called 1.701 acre tract and then along
the west line the called 1.701 acre tract as described in the deed
recorded under Harris County Clerk's File Number T934408, a
distance of 550.83 feet to a 5/8-inch iron rod found marking the
southwest corner of said called 1.701 acre tract;
THENCE, North 8617'22" East, along the south line of said
called 1.701 acre tract, a distance of 601.99 feet to a 5/8-inch
iron rod found marking the southeast corner of said called 1.701
acre tract;
THENCE, North 0322'36" West, along the east line of said
called 1.701 acre tract, a distance of 550.67 feet (called 550.47
feet) to a 1/2-inch iron rod found in the south line of the
aforesaid called 6.64 acre tract;
THENCE, North 8611'48" East (called North 8615'38" East),
along said south line, a distance of 194.02 feet (called 155.50
feet) to a Texas Department of Transportation monument found
marking a point on a curve to the left in the aforesaid west
right-of-way line of Interstate Highway 45;
THENCE, along said west right-of-way line and said curve to
the left having a central angle of 0002'13", an arc distance of
14.88 feet, a radius of 23,099.81 feet, and a chord which bears
South 0346'46" East, a distance of 14.88 feet to a 5/8-inch iron rod
with plastic cap stamped "TERRA SURVEYING" set marking the end of
said curve;
THENCE, South 0007'56" West, continuing along said west
right-of-way line, a distance of 53.41 feet to a 5/8-inch iron rod
with plastic cap stamped "TERRA SURVEYING" set marking an angle
corner of the herein described tract;
THENCE, South 0020'00" West (called South 0327'08" East),
along the west line of the called 1.590 acre tract as described in
the deed recorded in Volume 3274, Page 338, of the Harris County
Deed Records, a distance of 642.96 feet to a 5/8-inch iron rod with
plastic cap stamped "TERRA SURVEYING" set marking an angle corner
of the herein described tract;
THENCE, South 0318'44" East (called South 0327'08" East),
along the west lines of those certain tracts recorded under Harris
County Clerk's File Numbers F754657, T406580, U406352, and J617466,
a distance of 469.29 feet to a 5/8-inch iron rod with plastic cap
stamped "TERRA SURVEYING" set marking an angle corner of the herein
described tract;
THENCE, South 0256'18" East (called South 0327'08" East),
along the west line of the called 0.325 acre tract as described in
the deed recorded under Harris County Clerk's File Number R872066
and then along the west line of the called 0.729 acre tract as
described in the deed recorded under Harris County Clerk's File
Number M665530, a distance of 234.23 feet to a 1/2-inch iron pipe
found marking the southeast corner of said called 0.729 acre tract;
THENCE, North 8645'29" East, along the south line of said
called 0.729 acre tract, a distance of 82.21 feet to a 5/8-inch iron
rod with plastic cap stamped "TERRA SURVEYING" set in the aforesaid
west right-of-way line of Interstate Highway 45;
THENCE, South 0501'46" East, along said west right-of-way
line, a distance of 705.37 feet to a Texas Department of
Transportation monument found in the north line of the called
1.6920 acre tract as described in the deed recorded under Harris
County Clerk's File Number F261338;
THENCE, South 8729'17" West, along said north line, distance
of 102.64 feet to a 5/8-inch iron rod with plastic cap stamped
"TERRA SURVEYING" set marking an angle corner of the herein
described tract;
THENCE, South 0550'04" East (called South 0327'08" East),
along the west line of said called 1.6920 acre tract, a distance of
273.84 feet to 5/8-inch iron rod found marking the southeast corner
of the called 12.939 acre tract as described in the deed recorded
under Harris County Clerk's File Number U776662;
THENCE, South 8617'01" West (called South 8612'32" West),
along a north line of said called 12.939 acre tract, a distance of
155.34 feet (called 155.56 feet) to an angle iron found in the east
line of the called 3.1232 acre tract;
THENCE, North 0345'59" West (called North 0347'28" West),
along said east line, a distance of 206.96 feet (called 207.15 feet)
to a 1/2-inch iron rod found marking the southeast corner of said
called 3.1232 acre tract;
THENCE, South 8716'46" West (called South 8715'28" West),
along the north line of said called 3.1232 acre tract and then along
the north line of the aforesaid called 12.939 acre tract, a distance
of 635.71 feet (called 635.50 feet) to a 1/2-inch iron rod found
marking the northwest corner of said called 12.939 acre tract;
THENCE, South 0214'41" East (called South 0215'34" East),
along the west line of said called 12.939 acre tract, a distance of
809.36 feet (called 810.15 feet) to an axle found marking the
southwest corner of said called 12.939 acre tract;
THENCE, South 0213'55" East, along the west line of the
aforesaid called 6.00 acre tract, a distance of 1,708.71 feet to the
POINT OF BEGINNING 1421.1124 acres of land. This description is
based on the plat of the ALTA/ACSM Land Title Survey prepared by
Terra Surveying Company, Inc., dated July 19, 2006, TSC Project
Number 0106-0301-A01.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2510 passed the Senate on
May 11, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2510 passed the House on
May 26, 2009, by the following vote: Yeas 142, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor