TX
Texas Senate Bill SB2511

Texas 2009 - 81st Regular

Texas Senate Bill SB2511 Compare Versions

The same version is selected twice. Please select two different versions to compare.
OldNewDifferences
11 S.B. No. 2511
22
33
44 AN ACT
55 relating to the creation of Chambers County Improvement District
66 No. 2; providing authority to levy an assessment, impose a tax, and
77 issue bonds; granting a limited power of eminent domain.
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 3872 to read as follows:
1111 CHAPTER 3872. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2
1212 SUBCHAPTER A. GENERAL PROVISIONS
1313 Sec. 3872.001. DEFINITIONS. In this chapter:
1414 (1) "Board" means the board of directors of the
1515 district.
1616 (2) "Director" means a board member.
1717 (3) "District" means the Chambers County Improvement
1818 District No. 2.
1919 Sec. 3872.002. NATURE OF DISTRICT. The district is a
2020 special district created under Sections 52 and 52-a, Article III,
2121 and Section 59, Article XVI, Texas Constitution.
2222 Sec. 3872.003. CONFIRMATION AND DIRECTORS' ELECTION
2323 REQUIRED. The temporary directors shall hold an election to
2424 confirm the creation of the district and to elect five permanent
2525 directors as provided by Section 49.102, Water Code.
2626 Sec. 3872.004. CONSENT OF MUNICIPALITY REQUIRED. The
2727 temporary directors may not hold an election under Section 3872.003
2828 until each municipality in whose corporate limits or
2929 extraterritorial jurisdiction the district is located has
3030 consented by ordinance or resolution to the creation of the
3131 district and to the inclusion of land in the district.
3232 Sec. 3872.005. PURPOSE; DECLARATION OF INTENT. (a) The
3333 creation of the district is essential to accomplish the purposes of
3434 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3535 Texas Constitution, and other public purposes stated in this
3636 chapter. By creating the district, the legislature has established
3737 a program to accomplish the public purposes set out in Sections 52
3838 and 52-a, Article III, Texas Constitution.
3939 (b) The creation of the district is necessary to promote,
4040 develop, encourage, and maintain employment, commerce,
4141 transportation, housing, tourism, recreation, the arts,
4242 entertainment, economic development, safety, and the public
4343 welfare in the district.
4444 (c) This chapter and the creation of the district may not be
4545 interpreted to relieve the City of Baytown, Chambers County, or any
4646 other governmental entity from providing the level of services
4747 provided, as of the effective date of the Act creating this chapter,
4848 to the area in the district. The district is created to supplement
4949 and not to supplant the governmental services provided in the area
5050 in the district.
5151 Sec. 3872.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
5252 (a) The district is created to serve a public use and benefit.
5353 (b) All land and other property included in the district
5454 will benefit from the improvements and services to be provided by
5555 the district under powers conferred by Sections 52 and 52-a,
5656 Article III, and Section 59, Article XVI, Texas Constitution, and
5757 other powers granted under this chapter.
5858 (c) The creation of the district is in the public interest
5959 and is essential to:
6060 (1) further the public purposes of developing and
6161 diversifying the economy of the state;
6262 (2) eliminate unemployment and underemployment; and
6363 (3) develop or expand transportation and commerce.
6464 (d) The district will:
6565 (1) promote the health, safety, and general welfare of
6666 residents, employers, potential employees, employees, visitors,
6767 and consumers in the district, and of the public;
6868 (2) provide needed funding for the district to
6969 preserve, maintain, and enhance the economic health and vitality of
7070 the district territory as a community and business center;
7171 (3) promote the health, safety, welfare, and enjoyment
7272 of the public by providing pedestrian ways and by landscaping and
7373 developing certain areas in the district, which are necessary for
7474 the restoration, preservation, and enhancement of scenic beauty;
7575 and
7676 (4) provide for water, wastewater, drainage, road, and
7777 recreational facilities for the district.
7878 (e) Pedestrian ways along or across a street, whether at
7979 grade or above or below the surface, and street lighting, street
8080 landscaping, parking, and street art objects are parts of and
8181 necessary components of a street and are considered to be a street
8282 or road improvement.
8383 (f) The district will not act as the agent or
8484 instrumentality of any private interest even though the district
8585 will benefit many private interests as well as the public.
8686 Sec. 3872.007. INITIAL DISTRICT TERRITORY. (a) The
8787 district is initially composed of the territory described by
8888 Section 2 of the Act creating this chapter.
8989 (b) The boundaries and field notes contained in Section 2 of
9090 the Act creating this chapter form a closure. A mistake in the
9191 field notes or in copying the field notes in the legislative process
9292 does not affect the district's:
9393 (1) organization, existence, or validity;
9494 (2) right to issue any type of bond for the purposes
9595 for which the district is created or to pay the principal of and
9696 interest on the bond;
9797 (3) right to impose or collect an assessment or tax; or
9898 (4) legality or operation.
9999 Sec. 3872.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
100100 All or any part of the area of the district may be included in:
101101 (1) a tax increment reinvestment zone created under
102102 Chapter 311, Tax Code;
103103 (2) a tax abatement reinvestment zone created under
104104 Chapter 312, Tax Code;
105105 (3) an enterprise zone created under Chapter 2303,
106106 Government Code; or
107107 (4) an industrial district created under Chapter 42,
108108 Local Government Code.
109109 Sec. 3872.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
110110 DISTRICTS LAW. Except as otherwise provided by this chapter,
111111 Chapter 375, Local Government Code, applies to the district.
112112 Sec. 3872.010. LIBERAL CONSTRUCTION OF CHAPTER. This
113113 chapter shall be liberally construed in conformity with the
114114 findings and purposes stated in this chapter.
115115 [Sections 3872.011-3872.050 reserved for expansion]
116116 SUBCHAPTER B. BOARD OF DIRECTORS
117117 Sec. 3872.051. GOVERNING BODY; TERMS. (a) The district is
118118 governed by a board of five directors elected or appointed as
119119 provided by this chapter and Chapter 49, Water Code.
120120 (b) Except as provided by Section 3872.052, directors serve
121121 staggered four-year terms.
122122 Sec. 3872.052. TEMPORARY DIRECTORS. (a) On or after the
123123 effective date of the Act creating this chapter, the owner or owners
124124 of a majority of the assessed value of the real property in the
125125 district may submit a petition to the Texas Commission on
126126 Environmental Quality requesting that the commission appoint as
127127 temporary directors the five persons named in the petition. The
128128 commission shall appoint as temporary directors the five persons
129129 named in the petition.
130130 (b) Temporary directors serve until the earlier of:
131131 (1) the date permanent directors are elected under
132132 Section 3872.003; or
133133 (2) the fourth anniversary of the effective date of
134134 the Act creating this chapter.
135135 (c) If permanent directors have not been elected under
136136 Section 3872.003 and the terms of the temporary directors have
137137 expired, successor temporary directors shall be appointed or
138138 reappointed as provided by Subsection (d) to serve terms that
139139 expire on the earlier of:
140140 (1) the date permanent directors are elected under
141141 Section 3872.003; or
142142 (2) the fourth anniversary of the date of the
143143 appointment or reappointment.
144144 (d) If Subsection (c) applies, the owner or owners of a
145145 majority of the assessed value of the real property in the district
146146 may submit a petition to the Texas Commission on Environmental
147147 Quality requesting that the commission appoint as successor
148148 temporary directors the five persons named in the petition. The
149149 commission shall appoint as successor temporary directors the five
150150 persons named in the petition.
151151 Sec. 3872.053. COMPENSATION. A director is entitled to
152152 receive fees of office and reimbursement for actual expenses as
153153 provided by Section 49.060, Water Code, for directors of a
154154 municipal utility district. Sections 375.069 and 375.070, Local
155155 Government Code, do not apply to the board.
156156 [Sections 3872.054-3872.100 reserved for expansion]
157157 SUBCHAPTER C. POWERS AND DUTIES
158158 Sec. 3872.101. GENERAL POWERS. (a) The district may
159159 purchase, construct, acquire, own, operate, maintain, improve, or
160160 extend, inside and outside the district, works, facilities, and
161161 improvements necessary or convenient to accomplish the purposes of
162162 the district authorized by Sections 52 and 52-a, Article III, and
163163 Section 59, Article XVI, Texas Constitution.
164164 (b) The district has the rights, powers, privileges,
165165 authority, and functions conferred by the general law of this state
166166 applicable to:
167167 (1) a municipal management district, including
168168 Chapter 375, Local Government Code; and
169169 (2) municipal utility districts, including Chapters
170170 49 and 54, Water Code.
171171 Sec. 3872.102. RECREATIONAL FACILITIES. The district may
172172 develop or finance recreational facilities as authorized by Chapter
173173 375, Local Government Code, Sections 52 and 52-a, Article III,
174174 Texas Constitution, and any other law that applies to the district.
175175 Sec. 3872.103. EVALUATION OF FEASIBILITY. For purposes of
176176 any applicable evaluation by the Texas Commission on Environmental
177177 Quality of the economic feasibility of the district or its project
178178 and bonds, debt service tax rate, maintenance tax rate, or
179179 overlapping tax rate, the commission shall treat the district as a
180180 municipal utility district situated wholly within Harris County,
181181 Texas.
182182 Sec. 3872.104. AUTHORITY FOR ROAD PROJECTS. Under Section
183183 52, Article III, Texas Constitution, the district may design,
184184 acquire, construct, finance, issue bonds for, improve, and convey
185185 to this state, a county, or a municipality for operation and
186186 maintenance macadamized, graveled, or paved roads or improvements,
187187 including storm drainage, in aid of those roads.
188188 Sec. 3872.105. ROAD STANDARDS AND REQUIREMENTS. (a) A
189189 road project must meet all applicable construction standards,
190190 zoning and subdivision requirements, and regulations of each
191191 municipality in whose corporate limits or extraterritorial
192192 jurisdiction the road project is located.
193193 (b) If a road project is not located in the corporate limits
194194 or extraterritorial jurisdiction of a municipality, the road
195195 project must meet all applicable construction standards,
196196 subdivision requirements, and regulations of each county in which
197197 the road project is located.
198198 (c) If the state will maintain and operate the road, the
199199 Texas Transportation Commission must approve the plans and
200200 specifications of the road project.
201201 Sec. 3872.106. DEVELOPMENT CORPORATION POWERS. The
202202 district may exercise the powers given to a development corporation
203203 under Chapter 505, Local Government Code, including the power to
204204 own, operate, acquire, construct, lease, improve, or maintain a
205205 project described by that chapter.
206206 Sec. 3872.107. NONPROFIT CORPORATION. (a) The board by
207207 resolution may authorize the creation of a nonprofit corporation to
208208 assist and act for the district in implementing a project or
209209 providing a service authorized by this chapter.
210210 (b) The nonprofit corporation:
211211 (1) has each power of and is considered for purposes of
212212 this chapter to be a local government corporation created under
213213 Chapter 431, Transportation Code; and
214214 (2) may implement any project and provide any service
215215 authorized by this chapter.
216216 (c) The board shall appoint the board of directors of the
217217 nonprofit corporation. The board of directors of the nonprofit
218218 corporation shall serve in the same manner as the board of directors
219219 of a local government corporation created under Chapter 431,
220220 Transportation Code, except that a member of the corporation's
221221 board of directors is not required to reside in the district.
222222 Sec. 3872.108. AGREEMENTS; GRANTS. (a) The district may
223223 make an agreement with or accept a gift, grant, or loan from any
224224 person.
225225 (b) The implementation of a project is a governmental
226226 function or service for the purposes of Chapter 791, Government
227227 Code.
228228 Sec. 3872.109. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
229229 To protect the public interest, the district may contract with a
230230 qualified party, including Chambers County or the City of Baytown,
231231 for the provision of law enforcement services in the district for a
232232 fee.
233233 Sec. 3872.110. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
234234 district may join and pay dues to a charitable or nonprofit
235235 organization that performs a service or provides an activity
236236 consistent with the furtherance of a district purpose.
237237 Sec. 3872.111. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
238238 district may establish and provide for the administration of one or
239239 more programs to promote state or local economic development and to
240240 stimulate business and commercial activity in the district,
241241 including programs to:
242242 (1) make loans and grants of public money; and
243243 (2) provide district personnel and services.
244244 (b) The district has all of the powers of a municipality
245245 under Chapter 380, Local Government Code.
246246 Sec. 3872.112. STRATEGIC PARTNERSHIP AGREEMENT. The
247247 district may negotiate and enter into a written strategic
248248 partnership agreement with a municipality under Section 43.0751,
249249 Local Government Code.
250250 Sec. 3872.113. LIMITED EMINENT DOMAIN. (a) The district
251251 may exercise the power of eminent domain only for the purposes, only
252252 to the extent, and subject to the limitations the general law
253253 provides for a municipal utility district.
254254 (b) The district may not exercise the power of eminent
255255 domain outside the district to acquire a site or easement for:
256256 (1) a road project authorized by Section 3872.104; or
257257 (2) a recreational facility as defined by Section
258258 49.462, Water Code.
259259 Sec. 3872.114. ANNEXATION OR EXCLUSION OF LAND. (a) The
260260 district may annex land as provided by Subchapter J, Chapter 49,
261261 Water Code.
262262 (b) The district may exclude land as provided by Subchapter
263263 J, Chapter 49, Water Code. Section 375.044(b), Local Government
264264 Code, does not apply to the district.
265265 Sec. 3872.115. FIREFIGHTING AND EMERGENCY MEDICAL
266266 SERVICES. Subchapter L, Chapter 49, Water Code, applies to the
267267 district.
268268 [Sections 3872.116-3872.150 reserved for expansion]
269269 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
270270 Sec. 3872.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
271271 board by resolution shall establish the number of directors'
272272 signatures and the procedure required for a disbursement or
273273 transfer of the district's money.
274274 Sec. 3872.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
275275 The district may acquire, construct, finance, operate, maintain, or
276276 provide any works, facilities, improvements, or services
277277 authorized under this chapter, Chapter 375, Local Government Code,
278278 or Chapters 49 and 54, Water Code, using any money available to the
279279 district.
280280 Sec. 3872.153. PETITION REQUIRED FOR FINANCING SERVICES AND
281281 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
282282 service or improvement project with assessments under this chapter
283283 unless a written petition requesting that service or improvement
284284 has been filed with the board.
285285 (b) A petition filed under Subsection (a) must be signed by:
286286 (1) the owners of a majority of the assessed value of
287287 real property in the district subject to assessment according to
288288 the most recent certified tax appraisal roll for Chambers County;
289289 or
290290 (2) at least 25 persons who own real property in the
291291 district subject to assessment, if more than 25 persons own real
292292 property in the district subject to assessment as determined by the
293293 most recent certified tax appraisal roll for Chambers County.
294294 Sec. 3872.154. METHOD OF NOTICE FOR HEARING. The district
295295 may mail the notice required by Section 375.115(c), Local
296296 Government Code, by certified or first class United States mail.
297297 The board shall determine the method of notice.
298298 Sec. 3872.155. ASSESSMENTS; LIENS FOR ASSESSMENTS.
299299 (a) The board by resolution may impose and collect an assessment
300300 for any purpose authorized by this chapter in all or any part of the
301301 district.
302302 (b) An assessment, a reassessment, or an assessment
303303 resulting from an addition to or correction of the assessment roll
304304 by the district, penalties and interest on an assessment or
305305 reassessment, an expense of collection, and reasonable attorney's
306306 fees incurred by the district are:
307307 (1) a first and prior lien against the property
308308 assessed;
309309 (2) superior to any other lien or claim other than a
310310 lien or claim for county, school district, or municipal ad valorem
311311 taxes; and
312312 (3) the personal liability of and a charge against the
313313 owners of the property even if the owners are not named in the
314314 assessment proceedings.
315315 (c) The lien is effective from the date of the board's
316316 resolution imposing the assessment until the date the assessment is
317317 paid. The board may enforce the lien in the same manner that the
318318 board may enforce an ad valorem tax lien against real property.
319319 (d) The board may make a correction to or deletion from the
320320 assessment roll that does not increase the amount of assessment of
321321 any parcel of land without providing notice and holding a hearing in
322322 the manner required for additional assessments.
323323 Sec. 3872.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
324324 ASSESSMENTS. The district may not impose an impact fee or
325325 assessment on the property, including the equipment,
326326 rights-of-way, facilities, or improvements, of:
327327 (1) an electric utility or a power generation company
328328 as defined by Section 31.002, Utilities Code;
329329 (2) a gas utility as defined by Section 101.003 or
330330 121.001, Utilities Code;
331331 (3) a telecommunications provider as defined by
332332 Section 51.002, Utilities Code; or
333333 (4) a person who provides to the public cable
334334 television or advanced telecommunications services.
335335 Sec. 3872.157. OPERATION AND MAINTENANCE TAX. (a) If
336336 authorized at an election held in accordance with Section 3872.161,
337337 the district may impose an operation and maintenance tax on taxable
338338 property in the district in accordance with Section 49.107, Water
339339 Code, for any district purpose, including to:
340340 (1) maintain and operate the district;
341341 (2) construct or acquire improvements; or
342342 (3) provide a service.
343343 (b) The board shall determine the tax rate. The rate may not
344344 exceed the rate approved at the election.
345345 Sec. 3872.158. CONTRACT TAXES. (a) In accordance with
346346 Section 49.108, Water Code, the district may impose a tax other than
347347 an operation and maintenance tax and use the revenue derived from
348348 the tax to make payments under a contract after the provisions of
349349 the contract have been approved by a majority of the district voters
350350 voting at an election held for that purpose.
351351 (b) A contract approved by the district voters may contain a
352352 provision stating that the contract may be modified or amended by
353353 the board without further voter approval.
354354 Sec. 3872.159. AUTHORITY TO BORROW MONEY AND TO ISSUE
355355 BONDS. (a) The district may borrow money on terms and conditions
356356 as determined by the board. Section 375.205, Local Government
357357 Code, does not apply to a loan, line of credit, or other borrowing
358358 from a bank or financial institution secured by revenue other than
359359 ad valorem taxes.
360360 (b) The district may issue bonds, notes, or other
361361 obligations payable wholly or partly from ad valorem taxes,
362362 assessments, impact fees, revenue, contract payments, grants, or
363363 other district money, or any combination of those sources of money,
364364 to pay for any authorized district purpose.
365365 Sec. 3872.160. TAXES FOR BONDS. At the time the district
366366 issues bonds payable wholly or partly from ad valorem taxes, the
367367 board shall provide for the annual imposition of a continuing
368368 direct annual ad valorem tax, without limit as to rate or amount,
369369 while all or part of the bonds are outstanding as required and in
370370 the manner provided by Sections 54.601 and 54.602, Water Code.
371371 Sec. 3872.161. ELECTIONS REGARDING TAXES AND BONDS.
372372 (a) The district may issue, without an election, bonds, notes, and
373373 other obligations secured by:
374374 (1) revenue other than ad valorem taxes; or
375375 (2) contract payments described by Section 3872.158.
376376 (b) The district must hold an election in the manner
377377 provided by Subchapter L, Chapter 375, Local Government Code, to
378378 obtain voter approval before the district may impose an ad valorem
379379 tax or issue bonds payable from ad valorem taxes.
380380 (c) The district may not issue bonds payable from ad valorem
381381 taxes to finance a road project unless the issuance is approved by a
382382 vote of a two-thirds majority of the district voters voting at an
383383 election held for that purpose.
384384 (d) At the time of issuance, the total principal amount of
385385 bonds or other obligations issued or incurred to finance road
386386 projects and payable from ad valorem taxes may not exceed
387387 one-fourth of the assessed value of the real property in the
388388 district.
389389 Sec. 3872.162. COMPETITIVE BIDDING. Subchapter I, Chapter
390390 49, Water Code, applies to the district. Sections 375.221 and
391391 375.223, Local Government Code, do not apply to the district.
392392 Sec. 3872.163. TAX AND ASSESSMENT ABATEMENTS. The district
393393 may grant in the manner authorized by Chapter 312, Tax Code, an
394394 abatement for a tax or assessment owed to the district.
395395 [Sections 3872.164-3872.200 reserved for expansion]
396396 SUBCHAPTER E. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
397397 PROPERTY
398398 Sec. 3872.201. AUTHORITY TO ESTABLISH DEFINED AREAS OR
399399 DESIGNATED PROPERTY. The district may define areas or designate
400400 certain property of the district to pay for improvements,
401401 facilities, or services that primarily benefit that area or
402402 property and do not generally and directly benefit the district as a
403403 whole.
404404 Sec. 3872.202. PROCEDURE FOR ELECTION. (a) Before the
405405 district may impose an ad valorem tax or issue bonds payable from ad
406406 valorem taxes of the defined area or designated property, the board
407407 shall call and hold an election in the defined area or within the
408408 boundaries of the designated property only.
409409 (b) The election shall be conducted as provided by Section
410410 3872.161.
411411 (c) The board may submit the issues to the voters on the same
412412 ballot to be used in another election.
413413 Sec. 3872.203. DECLARING RESULTS AND ISSUING ORDER.
414414 (a) If a majority of the voters voting at the election approve the
415415 proposition or propositions, the board shall declare the results
416416 and, by order, shall establish the defined area and describe it by
417417 metes and bounds or designate the specific property.
418418 (b) The board's order is not subject to judicial review
419419 except on the ground of fraud, palpable error, or arbitrary and
420420 confiscatory abuse of discretion.
421421 Sec. 3872.204. TAXES FOR IMPROVEMENTS AND FACILITIES IN
422422 DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and
423423 adoption of the order described by Section 3872.203, the district
424424 may apply separately, differently, equitably, and specifically its
425425 taxing power and lien authority to the defined area or designated
426426 property to provide money to construct, administer, maintain, and
427427 operate services, improvements, and facilities that primarily
428428 benefit the defined area or designated property.
429429 Sec. 3872.205. ISSUANCE OF BONDS FOR DEFINED AREA OR
430430 DESIGNATED PROPERTY. After the order under Section 3872.203 is
431431 adopted, the district may issue bonds to provide for any land,
432432 improvements, facilities, plants, equipment, and appliances for
433433 the defined area or designated property.
434434 [Sections 3872.206-3872.250 reserved for expansion]
435435 SUBCHAPTER F. MUNICIPAL ANNEXATION AND EFFECT ON MUNICIPAL POWERS
436436 Sec. 3872.251. MUNICIPAL ANNEXATION OF THE DISTRICT.
437437 Notwithstanding Chapter 43, Local Government Code, a municipality
438438 in whose extraterritorial jurisdiction the district is located may
439439 annex all or part of the district. Municipal annexation of all or
440440 part of the district has no effect on the validity of the district
441441 and the district shall continue to exist and exercise the powers
442442 granted by this Act. Municipal annexation does not result in total
443443 or partial dissolution of the district or an assumption by the
444444 annexing municipality of any of the district's obligations or
445445 indebtedness.
446446 Sec. 3872.252. EFFECT ON MUNICIPAL POWERS. (a) The
447447 creation of the district does not affect the power of a municipality
448448 in whose extraterritorial jurisdiction the district or part of the
449449 district lies to:
450450 (1) designate all or part of the district as an
451451 industrial district;
452452 (2) limit a power of the municipality conferred by
453453 Chapter 42, Local Government Code; or
454454 (3) provide municipal services to any area in the
455455 municipality or its extraterritorial jurisdiction that is also in
456456 the district.
457457 (b) The creation of the district does not affect the power
458458 the municipality had before the district was created to spend money
459459 or provide services.
460460 SECTION 2. Chambers County Improvement District No. 2
461461 initially includes all territory contained in the following area:
462462 A certain 723.06 acre tract, situated in the G. L. Short
463463 Survey, Abstract No. 228, the R. A. Porter Survey, Abstract No. 205
464464 in Chambers County, Texas; being all of a called 1.9725 acre tract
465465 (Tract 1), all of a called 17.5648 acre tract (Tract 2), all of a
466466 called 665.8778 acre tract (Tract 3), and all of a called 37.6437
467467 acre tract (Tract 4) described in Deed of Trust recorded in Volume
468468 (08) 1053, Page 719 of the Chambers County Official Public Records;
469469 said 723.06 acre tract being comprised of four tracts and being more
470470 particularly described as follows with all bearings being based on
471471 the Texas Coordinate System, South Central Zone, NAD83;
472472 Tract I - 1.97 acres
473473 BEGINNING at the northeast corner of said called 1.9725 acre
474474 tract, being in the north right-of-way line of Farm to Market Road
475475 No. 565 (Old Alignment), as recorded in Volume 120, Page 475 of the
476476 Chambers County Deed Records;
477477 THENCE, along the southeast line of the said 1.9725 acre
478478 tract, common with the northwest right-of-way line of said Farm to
479479 Market Road No. 565 (Old Alignment), along the arc of a curve to the
480480 left having a radius of 612.96 feet, a central angle of 8006'02", an
481481 arc length of 856.93 feet, and a long chord bearing South 3832'49"
482482 West, 788.83 feet, to a point for corner;
483483 THENCE, South 0130'10" East, continuing along said common
484484 line, 51.93 feet to a point for corner marking the southern corner
485485 of the said 1.9725 acre tract, being in the east line of a called
486486 63.623 acre tract as recorded in Volume (07) 995, Page 26 of the
487487 Chambers County Official Public Records;
488488 THENCE, North 1322'45" West, along the west line of the said
489489 1.9725 acre tract, common with the east line of the said 63.623 acre
490490 tract, 559.38 feet to the northwest corner of the said 1.9725 acre
491491 tract, common with a southwest corner of a called 92.8172 acre tract
492492 as recorded in Volume (07) 943, Page 142 of the Chambers County
493493 Official Public Records;
494494 THENCE, North 7837'32" East, along the north line of said
495495 1.9725 acre tract, common with a south line of said 92.8172 acre
496496 tract, 632.05 feet to the POINT OF BEGINNING, CONTAINING 1.97 acres
497497 of land in Chambers County, Texas.
498498 Tract II - 17.56 acres;
499499 BEGINNING at the northeast corner of the aforementioned
500500 17.5648 acre tract, being in the south right-of-way line of the
501501 aforementioned Farm to Market Road No. 565 (Old Alignment);
502502 THENCE, South 1751'16" East, 48.43 feet to the beginning of a
503503 non-tangent curve to the left in the north right-of-way line of Farm
504504 to Market Road No. 565 (new right-of-way location) as described in
505505 Volume (90) 104, Page 441 of the Chambers County Official Public
506506 Records;
507507 THENCE, along the south line of the aforementioned 17.5648
508508 acre tract, common with the north right-of-way line of said Farm to
509509 Market Road No. 565 (new right-of-way location) the following three
510510 (3) courses and distances:
511511 1. Along the arc of said non-tangent curve to the left having
512512 a radius of 1,969.86 feet, a central angle of 1410'39", an
513513 arc length of 487.43 feet, and a long chord bearing South
514514 5041'22" West, 486.19 feet to a point for corner;
515515 2. South 4336'03" West, 894.38 feet to the beginning of a
516516 curve to the right;
517517 3. Along the arc of said curve to the right having a radius of
518518 1,849.86 feet, a central angle of 1538'15", an arc length
519519 of 504.88 feet, and a long chord bearing South 5125'10"
520520 West, 503.31 feet to a point for corner;
521521 THENCE, North 1325'03" West, 198.68 feet to the beginning of
522522 a non-tangent curve to the left;
523523 THENCE, along the arc of said curve to the left having a
524524 radius of 612.96 feet, a central angle of 1010'16", an arc length of
525525 108.81 feet, and a long chord bearing North 0334'57" East, 108.67
526526 feet to a point for corner;
527527 THENCE, North 0130'10" West, 278.30 feet to the beginning of
528528 a curve to the right;
529529 THENCE, along the arc of said curve to the right having a
530530 radius of 532.96 feet, a central angle of 8005'59", an arc length of
531531 745.08 feet, and a long chord bearing North 3832'49" East, 685.87
532532 feet to a point for corner;
533533 THENCE, North 7837'32" East, 1,010.63 feet to the POINT OF
534534 BEGINNING, CONTAINING 17.56 acres of land in Chambers County,
535535 Texas.
536536 Tract III - 665.89 acres
537537 BEGINNING at the northeast corner of the said 665.8778 acre
538538 tract, being in the south right-of-way line of the aforementioned
539539 Farm to Market Road No. 565 (new right-of-way location);
540540 THENCE, South 0231'31" East, 2,829.73 feet to a point for
541541 corner;
542542 THENCE, North 8711'15" East, 2,512.35 feet to a point for
543543 corner;
544544 THENCE, South 0247'49" East, 1,273.52 feet to a point for
545545 corner;
546546 THENCE, South 3241'35" West, 1,392.72 feet to a point for
547547 corner;
548548 THENCE, South 3138'35" West, 3,151.63 feet to the beginning
549549 of a curve to the left;
550550 THENCE, along the arc of said curve to the left having a
551551 radius of 580.00 feet, a central angle of 2830'23", an arc length of
552552 288.57 feet, and a long chord bearing South 1723'24" West, 285.60
553553 feet to a point for corner;
554554 THENCE, South 7719'54" West, 641.27 feet to a point for
555555 corner;
556556 THENCE, North 1247'30" West, 3,758.66 feet to a point for
557557 corner;
558558 THENCE, South 7718'04" West, 2,710.22 feet to a point for
559559 corner;
560560 THENCE, North 1219'24" West, 3,101.61 feet to a point for
561561 corner;
562562 THENCE, North 7709'13" East, 554.11 feet to the beginning of
563563 a curve to the left;
564564 THENCE, along the arc of said curve to the left having a
565565 radius of 1,969.86 feet, a central angle of 0825'45", an arc length
566566 of 289.80 feet, and a long chord bearing North 7256'20" East,
567567 289.54 feet to a point for corner;
568568 THENCE, North 7655'21" East, 282.15 feet to a point for
569569 corner;
570570 THENCE, North 1325'02" West, 61.94 feet to the beginning of a
571571 non-tangent curve to the left;
572572 THENCE, along the arc of said curve to the left having a
573573 radius of 1,969.86 feet, a central angle of 1643'28", an arc length
574574 of 575.00 feet, and a long chord bearing North 5157'47" East,
575575 572.96 feet to a point for corner;
576576 THENCE, North 4336'03" East, 894.38 feet to the beginning of
577577 a curve to the right;
578578 THENCE, along the arc of said curve to the right having a
579579 radius of 1,849.86 feet, a central angle of 3500'00", an arc length
580580 of 1,130.02 feet, and a long chord bearing North 6106'03" East,
581581 1,112.53 feet to a point for corner;
582582 THENCE, North 7836'03" East, 522.22 feet to the beginning of
583583 a curve to the right;
584584 THENCE, along the arc of said curve to the right having a
585585 radius of 5,669.58 feet, a central angle of 0102'10", an arc length
586586 of 102.52 feet, and a long chord bearing North 7907'09" East,
587587 102.52 feet to a point for corner;
588588 THENCE, North 7938'13" East, 840.21 feet to the POINT OF
589589 BEGINNING, CONTAINING 665.89 acres of land in Chambers County,
590590 Texas.
591591 Tract IV - 37.64 acres
592592 BEGINNING at the north corner of the aforementioned called
593593 37.6437 acre tract, being in the southeast line of the Coastal
594594 Industrial Water Authority Canal (called 180-feet wide) as recorded
595595 in Volume 308, Page 281 of the Chambers County Deed Records;
596596 THENCE, South 0247'49" East, along the east line of the said
597597 37.6437 acre tract, common with the east line of the remainder of a
598598 called 210.29 acre tract as recorded in Volume 172, Page 166 of the
599599 Chambers County Deed Records, 2,158.70 feet to a point for corner
600600 marking the southeast corner of the said 37.6437 acre tract, common
601601 with the northeast corner of a called 59.974 acre tract recorded in
602602 Volume 165, Page 456, of the Chambers County Deed Records;
603603 THENCE, South 8714'55" West, along the south line of the said
604604 37.6437 acre tract, common with the north line of said 59.974 acre
605605 tract, 1,504.79 feet to a point for corner marking the southwest
606606 corner of the said 37.6437 acre tract being in the southeast line of
607607 the aforementioned Coastal Industrial Water Authority Canal;
608608 THENCE, North 3138'35" East, along the northwest line of the
609609 said 37.6437 acre tract, common with the being in the southeast line
610610 of the aforementioned Coastal Industrial Water Authority Canal,
611611 1,491.90 feet to a point for corner,
612612 THENCE, North 3241'35" East, continuing along said common
613613 line, 1,138.65 feet to the POINT OF BEGINNING, CONTAINING 37.64
614614 acres of land in Chambers County, Texas along with the herein
615615 described 1.97 acre tract (Tract I), and the herein described 17.56
616616 acre tract (Tract II), and the herein described 665.88 acres (Tract
617617 III) for a total acreage of 723.06 acres.
618618 SECTION 3. (a) The legal notice of the intention to
619619 introduce this Act, setting forth the general substance of this
620620 Act, has been published as provided by law, and the notice and a
621621 copy of this Act have been furnished to all persons, agencies,
622622 officials, or entities to which they are required to be furnished
623623 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
624624 Government Code.
625625 (b) The governor, one of the required recipients, has
626626 submitted the notice and Act to the Texas Commission on
627627 Environmental Quality.
628628 (c) The Texas Commission on Environmental Quality has filed
629629 its recommendations relating to this Act with the governor,
630630 lieutenant governor, and speaker of the house of representatives
631631 within the required time.
632632 (d) The general law relating to consent by political
633633 subdivisions to the creation of districts with conservation,
634634 reclamation, and road powers and the inclusion of land in those
635635 districts has been complied with.
636636 (e) All requirements of the constitution and laws of this
637637 state and the rules and procedures of the legislature with respect
638638 to the notice, introduction, and passage of this Act have been
639639 fulfilled and accomplished.
640640 SECTION 4. This Act takes effect immediately if it receives
641641 a vote of two-thirds of all the members elected to each house, as
642642 provided by Section 39, Article III, Texas Constitution. If this
643643 Act does not receive the vote necessary for immediate effect, this
644644 Act takes effect September 1, 2009.
645645 ______________________________ ______________________________
646646 President of the Senate Speaker of the House
647647 I hereby certify that S.B. No. 2511 passed the Senate on
648648 May 12, 2009, by the following vote: Yeas 31, Nays 0.
649649 ______________________________
650650 Secretary of the Senate
651651 I hereby certify that S.B. No. 2511 passed the House on
652652 May 26, 2009, by the following vote: Yeas 143, Nays 0, one
653653 present not voting.
654654 ______________________________
655655 Chief Clerk of the House
656656 Approved:
657657 ______________________________
658658 Date
659659 ______________________________
660660 Governor