Texas 2011 - 82nd Regular

Texas House Bill HB2670 Compare Versions

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1	1	By: Miles (Senate Sponsor - Ellis) H.B. No. 2670
2	2	(In the Senate - Received from the House April 18, 2011;
3	3	April 26, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 6, 2011, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 6, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to validating certain acts and proceedings of Harris
11	11	County Improvement District No. 5 and to the boundaries of the
12	12	district.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. BOUNDARIES. (a) The boundaries of Harris
15	15	County Improvement District No. 5 are enlarged to include the
16	16	following tracts of land:
17	17	TRACT 1-COMMENCING at the existing boundary of Harris County
18	18	Improvement District No. 5 (also known as Brays Oaks Management
19	19	District) at the intersection of N ROW of Bissonnet St and E ROW of
20	20	US 59 (Southwest Fwy) Access Road N/B;
21	21	THENCE, northeast along E ROW of US 59 (Southwest Fwy) Access
22	22	Road N/B to W ROW of S Gessner Rd;
23	23	THENCE, south along W ROW of S Gessner Rd to S ROW of
24	24	Bissonnet Rd;
25	25	THENCE, northeast along S ROW of Bissonnet Rd to E ROW
26	26	Hillcroft St;
27	27	THENCE, along E ROW of Hillcroft St to N ROW of N. Braeswood
28	28	Blvd where it intersects the existing boundary of Brays Oaks
29	29	Management District;
30	30	THENCE, west along the existing boundary of Brays Oaks
31	31	Management District to THE POINT OF BEGINNING.
32	32	Tract 2-COMMENCING at the existing boundary of Brays Oaks
33	33	Management District at intersection of E ROW of Hillcroft St Blvd
34	34	and N ROW of Willowbend Blvd;
35	35	THENCE, north along E ROW of Hillcroft St to S boundary of
36	36	utility easement;
37	37	THENCE, east along the S boundary of utility easement to the E
38	38	ROW of S Post Oak Rd;
39	39	THENCE, south along the E ROW of S Post Oak Rd to NW corner of
40	40	0.375 acre parcel (TR 5K ABST 135 W N BRONAUGH);
41	41	THENCE, east along N boundary of 0.375 acre parcel (TR 5K ABST
42	42	135 W N BRONAUGH) to NE corner of said parcel;
43	43	THENCE, south along E boundary of 0.375 acre parcel (TR 5K
44	44	ABST 135 W N BRONAUGH) to SE corner of said parcel and N boundary of
45	45	0.45 acre parcel (TR 5C (001*TR 5E-1) (WILLOW WATERHOLE DETENTION)
46	46	ABST 135 W N BRONAUGH);
47	47	THENCE, east along N boundary of 0.45 acre parcel (TR 5C
48	48	(001*TR 5E-1) (WILLOW WATERHOLE DETENTION) ABST 135 W N BRONAUGH)
49	49	to NE corner of said parcel;
50	50	THENCE, southeast along E boundary 0.45 acre parcel (TR 5C
51	51	(001*TR 5E-1) (WILLOW WATERHOLE DETENTION) ABST 135 W N BRONAUGH)
52	52	to SE corner of said parcel and N boundary of 5.0 acre parcel (TRS
53	53	6D-3 & 6G ABST 135 W N BRONAUGH);
54	54	THENCE, east along N boundary of 5.0 acre parcel (TRS 6D-3 &
55	55	6G ABST 135 W N BRONAUGH) to NE corner of said parcel;
56	56	THENCE, south along E boundary of 5.0 acre parcel (TRS 6D-3 &
57	57	6G ABST 135 W N BRONAUGH) to SE corner of said parcel and adjacent NE
58	58	corner of 52 acre parcel (TRS 6 & 6D ABST 135 W N BRONAUGH);
59	59	THENCE, south and southeast along E boundary of 52 acre
60	60	parcel (TRS 6 & 6D ABST 135 W N BRONAUGH) to N ROW of So. Pacific
61	61	Rail line;
62	62	THENCE, southwest along N ROW of So. Pacific Rail line to SE
63	63	corner of 52 acre parcel (TRS 6 & 6D ABST 135 W N BRONAUGH);
64	64	THENCE, west along S boundary of 52 acre parcel (TRS 6 & 6D
65	65	ABST 135 W N BRONAUGH) and S ROW of Gasmer Dr to E ROW of S Post Oak
66	66	Rd;
67	67	THENCE, south along E ROW of S Post Oak Rd to N ROW of So.
68	68	Pacific Rail line;
69	69	THENCE, southwest along N ROW of So. Pacific Rail line to E
70	70	ROW of Haviland St to the existing boundary of Brays Oaks Management
71	71	District;
72	72	THENCE, north and east along the existing boundary TO THE
73	73	POINT OF BEGINNING; SAVE AND EXCEPT TRS 25 and 25B, Willow Creek
74	74	Estates.
75	75	(b) The boundaries and field notes contained in Subsection
76	76	(a) of this section form a closure. A mistake in the field notes or
77	77	in copying the field notes in the legislative process does not
78	78	affect the district's:
79	79	(1) organization, existence, or validity;
80	80	(2) right to issue any type of bond for the purposes
81	81	for which the district is created or to pay the principal of and
82	82	interest on a bond;
83	83	(3) right to impose a tax; or
84	84	(4) legality or operation.
85	85	SECTION 2. VALIDATION. (a) The legislature validates and
86	86	confirms all governmental acts and proceedings of the Harris County
87	87	Improvement District No. 5 that were taken before the effective
88	88	date of this Act. An act or proceeding may not be held invalid
89	89	because the act or proceeding was not in accordance with Chapter
90	90	3834, Special District Local Laws Code, or other law.
91	91	(b) This section does not apply to any matter that on the
92	92	effective date of this Act:
93	93	(1) is involved in litigation if the litigation
94	94	ultimately results in the matter being held invalid by a final court
95	95	judgment; or
96	96	(2) has been held invalid by a final court judgment.
97	97	SECTION 3. NOTICE. (a) The legal notice of the intention
98	98	to introduce this Act, setting forth the general substance of this
99	99	Act, has been published as provided by law, and the notice and a
100	100	copy of this Act have been furnished to all persons, agencies,
101	101	officials, or entities to which they are required to be furnished
102	102	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
103	103	Government Code.
104	104	(b) The governor, one of the required recipients, has
105	105	submitted the notice and Act to the Texas Commission on
106	106	Environmental Quality.
107	107	(c) The Texas Commission on Environmental Quality has filed
108	108	its recommendations relating to this Act with the governor,
109	109	lieutenant governor, and speaker of the house of representatives
110	110	within the required time.
111	111	(d) The general law relating to consent by political
112	112	subdivisions to the creation of districts with conservation,
113	113	reclamation, and road powers and the inclusion of land in those
114	114	districts has been complied with.
115	115	(e) All requirements of the constitution and laws of this
116	116	state and the rules and procedures of the legislature with respect
117	117	to the notice, introduction, and passage of this Act have been
118	118	fulfilled and accomplished.
119	119	SECTION 4. EFFECTIVE DATE. This Act takes effect
120	120	immediately if it receives a vote of two-thirds of all the members
121	121	elected to each house, as provided by Section 39, Article III, Texas
122	122	Constitution. If this Act does not receive the vote necessary for
123	123	immediate effect, this Act takes effect September 1, 2011.
124	124	* * * * *