S.B. No. 2511
AN ACT
relating to the creation of Chambers County Improvement District
No. 2; providing authority to levy an assessment, impose a tax, and
issue bonds; granting a limited power of eminent domain.
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 3872 to read as follows:
CHAPTER 3872. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3872.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a board member.
(3) "District" means the Chambers County Improvement
District No. 2.
Sec. 3872.002. NATURE OF DISTRICT. The district is a
special district created under Sections 52 and 52-a, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. 3872.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 3872.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 3872.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 3872.005. 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, the legislature has established
a program to accomplish the public purposes set out in Sections 52
and 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 the City of Baytown, Chambers County, or any
other governmental entity 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 governmental services provided in the area
in the district.
Sec. 3872.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
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. 3872.007. 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. 3872.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district may 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;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3872.009. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3872.010. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3872.011-3872.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3872.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors elected or appointed as
provided by this chapter and Chapter 49, Water Code.
(b) Except as provided by Section 3872.052, directors serve
staggered four-year terms.
Sec. 3872.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 3872.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 3872.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 3872.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
Sec. 3872.053. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code, for directors of a
municipal utility district. Sections 375.069 and 375.070, Local
Government Code, do not apply to the board.
[Sections 3872.054-3872.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3872.101. GENERAL POWERS. (a) The district may
purchase, construct, acquire, own, operate, maintain, improve, or
extend, inside and outside the district, works, facilities, and
improvements necessary or convenient to accomplish the purposes of
the district authorized by Sections 52 and 52-a, Article III, and
Section 59, Article XVI, Texas Constitution.
(b) The district has the rights, powers, privileges,
authority, and functions conferred by the general law of this state
applicable to:
(1) a municipal management district, including
Chapter 375, Local Government Code; and
(2) municipal utility districts, including Chapters
49 and 54, Water Code.
Sec. 3872.102. RECREATIONAL FACILITIES. The district may
develop or finance recreational facilities as authorized by Chapter
375, Local Government Code, Sections 52 and 52-a, Article III,
Texas Constitution, and any other law that applies to the district.
Sec. 3872.103. EVALUATION OF FEASIBILITY. For purposes of
any applicable evaluation by the Texas Commission on Environmental
Quality of the economic feasibility of the district or its project
and bonds, debt service tax rate, maintenance tax rate, or
overlapping tax rate, the commission shall treat the district as a
municipal utility district situated wholly within Harris County,
Texas.
Sec. 3872.104. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, and convey
to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads or improvements,
including storm drainage, in aid of those roads.
Sec. 3872.105. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 3872.106. 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. 3872.107. 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 member of the corporation's
board of directors is not required to reside in the district.
Sec. 3872.108. 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. 3872.109. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
To protect the public interest, the district may contract with a
qualified party, including Chambers County or the City of Baytown,
for the provision of law enforcement services in the district for a
fee.
Sec. 3872.110. 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. 3872.111. 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. 3872.112. STRATEGIC PARTNERSHIP AGREEMENT. The
district may negotiate and enter into a written strategic
partnership agreement with a municipality under Section 43.0751,
Local Government Code.
Sec. 3872.113. LIMITED EMINENT DOMAIN. (a) The district
may exercise the power of eminent domain only for the purposes, only
to the extent, and subject to the limitations the general law
provides for a municipal utility district.
(b) The district may not exercise the power of eminent
domain outside the district to acquire a site or easement for:
(1) a road project authorized by Section 3872.104; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 3872.114. 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.
Sec. 3872.115. FIREFIGHTING AND EMERGENCY MEDICAL
SERVICES. Subchapter L, Chapter 49, Water Code, applies to the
district.
[Sections 3872.116-3872.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3872.151. 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. 3872.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, maintain, or
provide any works, facilities, improvements, or services
authorized under this chapter, Chapter 375, Local Government Code,
or Chapters 49 and 54, Water Code, using any money available to the
district.
Sec. 3872.153. 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:
(1) 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 Chambers County;
or
(2) at least 25 persons who own real property in the
district subject to assessment, if more than 25 persons own real
property in the district subject to assessment as determined by the
most recent certified tax appraisal roll for Chambers County.
Sec. 3872.154. 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. 3872.155. 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 are:
(1) a first and prior lien against the property
assessed;
(2) superior to any other lien or claim other than a
lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) 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. 3872.156. 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. 3872.157. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section 3872.161,
the district may impose an 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.
Sec. 3872.158. 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. 3872.159. 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,
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.
Sec. 3872.160. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct annual ad valorem tax, without limit as to rate or amount,
while all or part of the bonds are outstanding as required and in
the manner provided by Sections 54.601 and 54.602, Water Code.
Sec. 3872.161. 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 3872.158.
(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 issue bonds payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
(d) At the time of issuance, the total principal amount of
bonds or other obligations issued or incurred to finance road
projects and payable from ad valorem taxes may not exceed
one-fourth of the assessed value of the real property in the
district.
Sec. 3872.162. 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. 3872.163. 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 3872.164-3872.200 reserved for expansion]
SUBCHAPTER E. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3872.201. 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. 3872.202. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the defined area or designated property, the board
shall call and hold an election in the defined area or within the
boundaries of the designated property only.
(b) The election shall be conducted as provided by Section
3872.161.
(c) The board may submit the issues to the voters on the same
ballot to be used in another election.
Sec. 3872.203. DECLARING RESULTS 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) The board's order is not subject to judicial review
except on the ground of fraud, palpable error, or arbitrary and
confiscatory abuse of discretion.
Sec. 3872.204. TAXES FOR IMPROVEMENTS AND FACILITIES IN
DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and
adoption of the order described by Section 3872.203, 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. 3872.205. ISSUANCE OF BONDS FOR DEFINED AREA OR
DESIGNATED PROPERTY. After the order under Section 3872.203 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 3872.206-3872.250 reserved for expansion]
SUBCHAPTER F. MUNICIPAL ANNEXATION AND EFFECT ON MUNICIPAL POWERS
Sec. 3872.251. MUNICIPAL ANNEXATION OF THE DISTRICT.
Notwithstanding Chapter 43, Local Government Code, a municipality
in whose extraterritorial jurisdiction the district is located may
annex all or part of the district. Municipal annexation of all or
part of the district has no effect on the validity of the district
and the district shall continue to exist and exercise the powers
granted by this Act. Municipal annexation does not result in total
or partial dissolution of the district or an assumption by the
annexing municipality of any of the district's obligations or
indebtedness.
Sec. 3872.252. EFFECT ON MUNICIPAL POWERS. (a) The
creation of the district does not affect the power of a municipality
in whose extraterritorial jurisdiction the district or part of the
district lies to:
(1) designate all or part of the district as an
industrial district;
(2) limit a power of the municipality conferred by
Chapter 42, Local Government Code; or
(3) provide municipal services to any area in the
municipality or its extraterritorial jurisdiction that is also in
the district.
(b) The creation of the district does not affect the power
the municipality had before the district was created to spend money
or provide services.
SECTION 2. Chambers County Improvement District No. 2
initially includes all territory contained in the following area:
A certain 723.06 acre tract, situated in the G. L. Short
Survey, Abstract No. 228, the R. A. Porter Survey, Abstract No. 205
in Chambers County, Texas; being all of a called 1.9725 acre tract
(Tract 1), all of a called 17.5648 acre tract (Tract 2), all of a
called 665.8778 acre tract (Tract 3), and all of a called 37.6437
acre tract (Tract 4) described in Deed of Trust recorded in Volume
(08) 1053, Page 719 of the Chambers County Official Public Records;
said 723.06 acre tract being comprised of four tracts and being more
particularly described as follows with all bearings being based on
the Texas Coordinate System, South Central Zone, NAD83;
Tract I - 1.97 acres
BEGINNING at the northeast corner of said called 1.9725 acre
tract, being in the north right-of-way line of Farm to Market Road
No. 565 (Old Alignment), as recorded in Volume 120, Page 475 of the
Chambers County Deed Records;
THENCE, along the southeast line of the said 1.9725 acre
tract, common with the northwest right-of-way line of said Farm to
Market Road No. 565 (Old Alignment), along the arc of a curve to the
left having a radius of 612.96 feet, a central angle of 8006'02", an
arc length of 856.93 feet, and a long chord bearing South 3832'49"
West, 788.83 feet, to a point for corner;
THENCE, South 0130'10" East, continuing along said common
line, 51.93 feet to a point for corner marking the southern corner
of the said 1.9725 acre tract, being in the east line of a called
63.623 acre tract as recorded in Volume (07) 995, Page 26 of the
Chambers County Official Public Records;
THENCE, North 1322'45" West, along the west line of the said
1.9725 acre tract, common with the east line of the said 63.623 acre
tract, 559.38 feet to the northwest corner of the said 1.9725 acre
tract, common with a southwest corner of a called 92.8172 acre tract
as recorded in Volume (07) 943, Page 142 of the Chambers County
Official Public Records;
THENCE, North 7837'32" East, along the north line of said
1.9725 acre tract, common with a south line of said 92.8172 acre
tract, 632.05 feet to the POINT OF BEGINNING, CONTAINING 1.97 acres
of land in Chambers County, Texas.
Tract II - 17.56 acres;
BEGINNING at the northeast corner of the aforementioned
17.5648 acre tract, being in the south right-of-way line of the
aforementioned Farm to Market Road No. 565 (Old Alignment);
THENCE, South 1751'16" East, 48.43 feet to the beginning of a
non-tangent curve to the left in the north right-of-way line of Farm
to Market Road No. 565 (new right-of-way location) as described in
Volume (90) 104, Page 441 of the Chambers County Official Public
Records;
THENCE, along the south line of the aforementioned 17.5648
acre tract, common with the north right-of-way line of said Farm to
Market Road No. 565 (new right-of-way location) the following three
(3) courses and distances:
1. Along the arc of said non-tangent curve to the left having
a radius of 1,969.86 feet, a central angle of 1410'39", an
arc length of 487.43 feet, and a long chord bearing South
5041'22" West, 486.19 feet to a point for corner;
2. South 4336'03" West, 894.38 feet to the beginning of a
curve to the right;
3. Along the arc of said curve to the right having a radius of
1,849.86 feet, a central angle of 1538'15", an arc length
of 504.88 feet, and a long chord bearing South 5125'10"
West, 503.31 feet to a point for corner;
THENCE, North 1325'03" West, 198.68 feet to the beginning of
a non-tangent curve to the left;
THENCE, along the arc of said curve to the left having a
radius of 612.96 feet, a central angle of 1010'16", an arc length of
108.81 feet, and a long chord bearing North 0334'57" East, 108.67
feet to a point for corner;
THENCE, North 0130'10" West, 278.30 feet to the beginning of
a curve to the right;
THENCE, along the arc of said curve to the right having a
radius of 532.96 feet, a central angle of 8005'59", an arc length of
745.08 feet, and a long chord bearing North 3832'49" East, 685.87
feet to a point for corner;
THENCE, North 7837'32" East, 1,010.63 feet to the POINT OF
BEGINNING, CONTAINING 17.56 acres of land in Chambers County,
Texas.
Tract III - 665.89 acres
BEGINNING at the northeast corner of the said 665.8778 acre
tract, being in the south right-of-way line of the aforementioned
Farm to Market Road No. 565 (new right-of-way location);
THENCE, South 0231'31" East, 2,829.73 feet to a point for
corner;
THENCE, North 8711'15" East, 2,512.35 feet to a point for
corner;
THENCE, South 0247'49" East, 1,273.52 feet to a point for
corner;
THENCE, South 3241'35" West, 1,392.72 feet to a point for
corner;
THENCE, South 3138'35" West, 3,151.63 feet to the beginning
of a curve to the left;
THENCE, along the arc of said curve to the left having a
radius of 580.00 feet, a central angle of 2830'23", an arc length of
288.57 feet, and a long chord bearing South 1723'24" West, 285.60
feet to a point for corner;
THENCE, South 7719'54" West, 641.27 feet to a point for
corner;
THENCE, North 1247'30" West, 3,758.66 feet to a point for
corner;
THENCE, South 7718'04" West, 2,710.22 feet to a point for
corner;
THENCE, North 1219'24" West, 3,101.61 feet to a point for
corner;
THENCE, North 7709'13" East, 554.11 feet to the beginning of
a curve to the left;
THENCE, along the arc of said curve to the left having a
radius of 1,969.86 feet, a central angle of 0825'45", an arc length
of 289.80 feet, and a long chord bearing North 7256'20" East,
289.54 feet to a point for corner;
THENCE, North 7655'21" East, 282.15 feet to a point for
corner;
THENCE, North 1325'02" West, 61.94 feet to the beginning of a
non-tangent curve to the left;
THENCE, along the arc of said curve to the left having a
radius of 1,969.86 feet, a central angle of 1643'28", an arc length
of 575.00 feet, and a long chord bearing North 5157'47" East,
572.96 feet to a point for corner;
THENCE, North 4336'03" East, 894.38 feet to the beginning of
a curve to the right;
THENCE, along the arc of said curve to the right having a
radius of 1,849.86 feet, a central angle of 3500'00", an arc length
of 1,130.02 feet, and a long chord bearing North 6106'03" East,
1,112.53 feet to a point for corner;
THENCE, North 7836'03" East, 522.22 feet to the beginning of
a curve to the right;
THENCE, along the arc of said curve to the right having a
radius of 5,669.58 feet, a central angle of 0102'10", an arc length
of 102.52 feet, and a long chord bearing North 7907'09" East,
102.52 feet to a point for corner;
THENCE, North 7938'13" East, 840.21 feet to the POINT OF
BEGINNING, CONTAINING 665.89 acres of land in Chambers County,
Texas.
Tract IV - 37.64 acres
BEGINNING at the north corner of the aforementioned called
37.6437 acre tract, being in the southeast line of the Coastal
Industrial Water Authority Canal (called 180-feet wide) as recorded
in Volume 308, Page 281 of the Chambers County Deed Records;
THENCE, South 0247'49" East, along the east line of the said
37.6437 acre tract, common with the east line of the remainder of a
called 210.29 acre tract as recorded in Volume 172, Page 166 of the
Chambers County Deed Records, 2,158.70 feet to a point for corner
marking the southeast corner of the said 37.6437 acre tract, common
with the northeast corner of a called 59.974 acre tract recorded in
Volume 165, Page 456, of the Chambers County Deed Records;
THENCE, South 8714'55" West, along the south line of the said
37.6437 acre tract, common with the north line of said 59.974 acre
tract, 1,504.79 feet to a point for corner marking the southwest
corner of the said 37.6437 acre tract being in the southeast line of
the aforementioned Coastal Industrial Water Authority Canal;
THENCE, North 3138'35" East, along the northwest line of the
said 37.6437 acre tract, common with the being in the southeast line
of the aforementioned Coastal Industrial Water Authority Canal,
1,491.90 feet to a point for corner,
THENCE, North 3241'35" East, continuing along said common
line, 1,138.65 feet to the POINT OF BEGINNING, CONTAINING 37.64
acres of land in Chambers County, Texas along with the herein
described 1.97 acre tract (Tract I), and the herein described 17.56
acre tract (Tract II), and the herein described 665.88 acres (Tract
III) for a total acreage of 723.06 acres.
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. 2511 passed the Senate on
May 12, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2511 passed the House on
May 26, 2009, by the following vote: Yeas 143, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor