82R16854 JXC-F
By: Miles H.B. No. 2670
Substitute the following for H.B. No. 2670:
By: Keffer C.S.H.B. No. 2670
A BILL TO BE ENTITLED
AN ACT
relating to validating certain acts and proceedings of Harris
County Improvement District No. 5 and to the boundaries of the
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. BOUNDARIES. (a) The boundaries of Harris County
Improvement District No. 5 are enlarged to include the following
tracts of land:
TRACT 1-COMMENCING at the existing boundary of Harris County
Improvement District No. 5 (also known as Brays Oaks Management
District) at the intersection of N ROW of Bissonnet St and E ROW of
US 59 (Southwest Fwy) Access Road N/B;
THENCE, northeast along E ROW of US 59 (Southwest Fwy) Access
Road N/B to W ROW of S Gessner Rd;
THENCE, south along W ROW of S Gessner Rd to S ROW of
Bissonnet Rd;
THENCE, northeast along S ROW of Bissonnet Rd to E ROW
Hillcroft St;
THENCE, along E ROW of Hillcroft St to N ROW of N. Braeswood
Blvd where it intersects the existing boundary of Brays Oaks
Management District;
THENCE, west along the existing boundary of Brays Oaks
Management District to THE POINT OF BEGINNING.
Tract 2-COMMENCING at the existing boundary of Brays Oaks
Management District at intersection of E ROW of Hillcroft St Blvd
and N ROW of Willowbend Blvd;
THENCE, north along E ROW of Hillcroft St to S boundary of
utility easement;
THENCE, east along the S boundary of utility easement to the E
ROW of S Post Oak Rd;
THENCE, south along the E ROW of S Post Oak Rd to NW corner of
0.375 acre parcel (TR 5K ABST 135 W N BRONAUGH);
THENCE, east along N boundary of 0.375 acre parcel (TR 5K ABST
135 W N BRONAUGH) to NE corner of said parcel;
THENCE, south along E boundary of 0.375 acre parcel (TR 5K
ABST 135 W N BRONAUGH) to SE corner of said parcel and N boundary of
0.45 acre parcel (TR 5C (001*TR 5E-1) (WILLOW WATERHOLE DETENTION)
ABST 135 W N BRONAUGH);
THENCE, east along N boundary of 0.45 acre parcel (TR 5C
(001*TR 5E-1) (WILLOW WATERHOLE DETENTION) ABST 135 W N BRONAUGH)
to NE corner of said parcel;
THENCE, southeast along E boundary 0.45 acre parcel (TR 5C
(001*TR 5E-1) (WILLOW WATERHOLE DETENTION) ABST 135 W N BRONAUGH)
to SE corner of said parcel and N boundary of 5.0 acre parcel (TRS
6D-3 & 6G ABST 135 W N BRONAUGH);
THENCE, east along N boundary of 5.0 acre parcel (TRS 6D-3 &
6G ABST 135 W N BRONAUGH) to NE corner of said parcel;
THENCE, south along E boundary of 5.0 acre parcel (TRS 6D-3 &
6G ABST 135 W N BRONAUGH) to SE corner of said parcel and adjacent NE
corner of 52 acre parcel (TRS 6 & 6D ABST 135 W N BRONAUGH);
THENCE, south and southeast along E boundary of 52 acre
parcel (TRS 6 & 6D ABST 135 W N BRONAUGH) to N ROW of So. Pacific
Rail line;
THENCE, southwest along N ROW of So. Pacific Rail line to SE
corner of 52 acre parcel (TRS 6 & 6D ABST 135 W N BRONAUGH);
THENCE, west along S boundary of 52 acre parcel (TRS 6 & 6D
ABST 135 W N BRONAUGH) and S ROW of Gasmer Dr to E ROW of S Post Oak
Rd;
THENCE, south along E ROW of S Post Oak Rd to N ROW of So.
Pacific Rail line;
THENCE, southwest along N ROW of So. Pacific Rail line to E
ROW of Haviland St to the existing boundary of Brays Oaks Management
District;
THENCE, north and east along the existing boundary TO THE
POINT OF BEGINNING; SAVE AND EXCEPT TRS 25 and 25B, Willow Creek
Estates.
(b) The boundaries and field notes contained in Subsection
(a) of this section 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 a bond;
(3) right to impose a tax; or
(4) legality or operation.
SECTION 2. VALIDATION. (a) The legislature validates and
confirms all governmental acts and proceedings of the Harris County
Improvement District No. 5 that were taken before the effective
date of this Act. An act or proceeding may not be held invalid
because the act or proceeding was not in accordance with Chapter
3834, Special District Local Laws Code, or other law.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 3. NOTICE. (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. EFFECTIVE DATE. 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, 2011.