By: Taylor, Ellis S.B. No. 863
(In the Senate - Filed February 26, 2013; March 5, 2013,
read first time and referred to Committee on Intergovernmental
Relations; April 8, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
April 8, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 863 By: Garcia
A BILL TO BE ENTITLED
AN ACT
relating to the creation of Pearland Municipal Management District
No. 2; providing authority to issue bonds; providing authority to
impose assessments, fees, or taxes.
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 3867 to read as follows:
CHAPTER 3867. PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3867.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Pearland.
(3) "County" means Brazoria County.
(4) "Director" means a board member.
(5) "District" means the Pearland Municipal
Management District No. 2.
Sec. 3867.002. NATURE OF DISTRICT. The Pearland Municipal
Management District No. 2 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3867.003. 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, the
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 the city or the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant city or county services
provided in the district.
Sec. 3867.004. 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 further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding 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 street or road and recreational
facilities and improvements, including related drainage
facilities, for the district.
(e) Pedestrian or other nonmotorized vehicle 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. 3867.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting 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. 3867.006. 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;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3867.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3867.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3867.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven voting directors who serve staggered
terms of four years, with three or four 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 if the board determines that the change is in
the best interest of the district and the governing body of the city
consents to the change. The board may not consist of fewer than 5 or
more than 15 voting directors.
Sec. 3867.052. APPOINTMENT OF VOTING DIRECTORS. The
governing body of the city shall appoint voting directors from
persons recommended by the board. A person is appointed if a
majority of the members of the governing body of the city vote to
appoint that person.
Sec. 3867.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3867.054. 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. 3867.055. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Teir Allender 1 Teir Allender
1 Teir Allender
2 Steve Chandler 2 Steve Chandler
2 Steve Chandler
3 Will Deane 3 Will Deane
3 Will Deane
4 Stephanie King 4 Stephanie King
4 Stephanie King
5 John Moody 5 John Moody
5 John Moody
6 Rushi Patel 6 Rushi Patel
6 Rushi Patel
7 Sylvester L. Roeder III 7 Sylvester L. Roeder III
7 Sylvester L. Roeder III
(b) Of the initial directors, the terms of directors
appointed for positions one through four expire June 1, 2015, and
the terms of directors appointed for positions five through seven
expire June 1, 2017.
(c) Section 3867.052 does not apply to this section.
(d) This section expires September 1, 2017.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3867.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3867.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any money available to the district, or contract with
a governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3867.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to 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 under that
chapter.
Sec. 3867.104. 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 to be a local
government corporation created under Subchapter D, 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 Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3867.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, 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. 3867.106. LAW ENFORCEMENT AND SECURITY SERVICES. To
protect the public interest, the district may provide security
services or contract with a qualified party, including the county
or the city, to provide law enforcement services in the district for
a fee.
Sec. 3867.107. 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. 3867.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) 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.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3867.109. PARKING FACILITIES. (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 lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) 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.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3867.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3867.111. APPROVAL BY CITY. (a) Except as provided
by Chapter 375, Local Government Code, the district must obtain the
approval of the city for:
(1) the issuance of bonds;
(2) the annexation or exclusion of land;
(3) the plans and specifications of an improvement
project financed by bonds; and
(4) the plans and specifications of an improvement
project related to the use of land owned by the city, an easement
granted by the city, or a right-of-way of a street, road, or
highway.
(b) The district may not issue bonds or annex or exclude
land until the governing body of the city adopts a resolution or
ordinance authorizing the issuance of the bonds or the annexation
or exclusion of the land.
(c) The governing body of the city:
(1) is not required to adopt a resolution or ordinance
to approve plans and specifications described by Subsection (a);
and
(2) may establish an administrative process to approve
plans and specifications described by Subsection (a) without the
involvement of the governing body.
Sec. 3867.112. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3867.151. 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 district money.
Sec. 3867.152. 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. 3867.153. 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
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 the county.
Sec. 3867.154. 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. 3867.155. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3867.201. 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 3867.203.
(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) 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 its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3867.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3867.201, 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. 3867.203. 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. 3867.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
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. 3867.205. 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,
for each year that 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. 3867.206. TAXES AND BONDS FOR RECREATIONAL FACILITIES.
(a) 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.
(b) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3867.207. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city is not required to pay a bond, note, or
other obligation of the district.
SECTION 2. The Pearland Municipal Management District No. 2
initially includes all territory contained in the following area:
BEING 1,483 acres, more or less, of land within the City
Limits of Pearland, Texas, located in the H. T. & B. R. R. Co.
Survey, Abstract No. 300, the J. W. Maxcy Survey, Abstract No. 675,
the R. B. Lyle Survey, Abstract No. 539, the W. W. Dupuy and L. F.
Roberts Survey, Abstract No. 726, the H. T. & B. R. R. Co. Survey,
Abstract No. 304, the W. M. Morris Survey, Abstract No. 344, the J.
Crawley Survey, Abstract No.174 and the D. White Survey, Abstract
No. 747, Brazoria County, Texas and also located in the James
Hamilton Survey, Abstract No. 881, Harris County, Texas, said 1,483
acres being more particularly described as follows:
BEGINNING at the southeast corner of SOUTHGATE SECTION ONE, a
subdivision of record in Volume 24, Pages 123-126 of the Plat
Records of Brazoria County, Texas (B.C.P.R.) on the northerly
right-of-way line of County Road 59 (width varies);
THENCE NORTHERLY, 2,574 feet more or less, along the east
line of said SOUTHGATE SECTION ONE and the east line of SOUTHGATE
SECTION TWO, a subdivision of record in Volume 24, Pages 278-279,
B.C.P.R. to the northeast corner of said SOUTHGATE SECTION TWO;
THENCE WESTERLY, 2,642 feet more or less, along the north
line of said SOUTHGATE SECTION TWO to a point on the west line of
said SOUTHGATE SECTION ONE for the southwest corner of Restricted
Reserve "A" of said SOUTHGATE SECTION ONE;
THENCE NORTHERLY, 1,175 feet more or less, along said west
line to the southwest corner of the MINOR PLAT OF KIRBY WATER PLANT
SITE AND FIRE STATION NO. 5, a subdivision of record under Document
Number 2008029867 of the Official Public Records of Brazoria
County, Texas (B.C.O.P.R.)
THENCE EASTERLY, 626 feet more or less, to the southeast
corner of said MINOR PLAT;
THENCE NORTHEASTERLY, 335 feet more or less, to the northeast
corner of said MINOR PLAT;
THENCE WESTERLY, 776 feet more or less, to the northwest
corner of said MINOR PLAT and being the southwest corner of the
remainder of a called 13.380 acre tract of land conveyed to Pearland
Town Center Limited Partnership as recorded under Document Number
2006071333 of the Official Records of Brazoria County, Texas
(B.C.O.R.);
THENCE NORTHERLY, 1,231 feet more or less, along the west
line of said remainder and the west line of KIRBY CROSSING SECTION
ONE, a subdivision of record under Document Number 2012041370,
B.C.O.R., to the south right-of-way line and crossing to the north
right-of-way line of F.M. 518 (120' wide);
THENCE WESTERLY, 597 feet more or less, along said north
right-of-way line to the southeast corner of SF-18B, a subdivision
of record in Volume 23, Pages 393-396, B.C.P.R.;
THENCE NORTHERLY, 1,053 feet more or less, along the east
line of said SF-18B to the south line of SF-15, a subdivision of
record in Volume 23, Pages 265-268, B.C.P.R.;
THENCE EASTERLY, 1,566 feet more or less, along said south
line to the west right-of-way line and crossing to the east
right-of-way line of Kirby Drive (100' wide);
THENCE SOUTHERLY, 634 feet more or less, along said east
right-of-way line to the northwest corner of SHADOW CREEK RANCH
COMMERCIAL SITE NO. 3, a subdivision of record under Document
Number 2006023374, B.C.O.R.;
THENCE SOUTHEASTERLY, 789 feet more or less, along the
northeast line of said SHADOW CREEK RANCH COMMERCIAL SITE NO. 3 to
the southeast corner of same on the north right-of-way line of the
aforementioned F.M. 518;
THENCE EASTERLY, 162 feet more or less, along said north
right-of-way line to the southeast corner of SF-16B, a subdivision
of record in Volume 23, Pages 273-276, B.C.P.R.;
THENCE NORTHERLY, 2,448 feet more or less, along the east
line of said SF-16B, SF-16A, a subdivision of record in Volume 23,
Pages 269-272, B.C.P.R. and SF-14B, a subdivision of record in
Volume 23, Pages 261-264, B.C.P.R to the southwest corner of the
MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK RANCH, a
subdivision of record under Document Number 2009049537, B.C.O.R.;
THENCE EASTERLY, 1,486 feet more or less, along the south
line of said MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK
RANCH, to the northwest corner of Lot "A" of the AMENDING PLAT OF
SHADOW CREEK TOWN CENTER, a subdivision of record under Document
Number 2007002505, B.C.O.R.;
THENCE SOUTHERLY, 960 feet more or less, along the west line
of said Lot "A" and the easterly right-of-way line of Business
Center Drive as shown on said AMENDING PLAT OF SHADOW CREEK TOWN
CENTER to the intersection of said Business Center Drive and
Memorial Herman Drive as shown on said AMENDING PLAT OF SHADOW CREEK
TOWN CENTER, same being the southerly southwest corner of said Lot
"A";
THENCE EASTERLY, 1,149 feet more or less, along the north
right-of-way line of said Memorial Herman Drive to the easterly
southeast corner of said Lot "A", said point being on the westerly
right-of-way line of SH 288;
THENCE NORTHERLY, 1,609 feet more or less, along said
westerly right-of-way line to the northeast corner of that certain
called 13.100 acre tract conveyed to Memorial Herman by an
instrument of record under Document Number 2008000334, B.C.O.R.;
THENCE WESTERLY, 874 feet more or less, departing said
westerly right-of-way line and along the north line of said 13.100
acre tract to the westerly right-of-way line of Business Center
Drive (100' wide) as shown on SHADOW CREEK RANCH BUSINESS CENTER
DRIVE EXTENSION, a subdivision of record in Volume 24, Pages
392-393, B.C.O.R.;
THENCE NORTHERLY, 3,751 feet more or less, along said
westerly right-of-way line and along the westerly right-of-way line
of said Business Center Drive, as shown on SHADOW CREEK RANCH
BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE, a subdivision of
record in Volume 24, Pages 251-252, B.C.O.R. to a point opposite of
the northwest corner of Restricted Reserve "B" as shown on SHADOW
CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE;
THENCE EASTERLY, 90 feet, departing said west right-of-way
line to the northwest corner of said Restricted Reserve "B";
THENCE EASTERLY, 72 feet more or less, along the northerly
line of said Restricted Reserve "B" to the southeast corner of said
Restricted Reserve "B", said point being on the northerly
right-of-way line of Medical Center Drive (100' wide) as shown on
SHADOW CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE;
THENCE EASTERLY, 1,550 feet more or less, along the northerly
right-of-way line of said Medical Center Drive to a point on the
westerly right-of-way line of SH 288, same being the easterly line
of that certain called 48.00 acre tract conveyed to H.C.A. HEALTH
SERVICES OF TEXAS, INC. by an instrument of record under File Number
02-063451, B.C.O.R.;
THENCE NORTHERLY, 764 feet more or less, along said westerly
right-of-way line and the easterly line of said 48.00 acre tract to
the south corner of that certain called 2.266 acre tract conveyed to
SHADOW CREEK RANCH MAINTENANCE ASSOCIATION by an instrument of
record under File Number 01-048774, B.C.O.R.;
THENCE NORTHERLY, 1,014 feet more or less, along the easterly
line of said 48.00 acre tract to the northwest corner of said 2.266
acre tract, said point being on the southerly line of F.M. 2234 -
Shadow Creek Parkway (width varies);
THENCE WESTERLY, 978 feet more or less, along the north line
of said 48.00 acre tract to the northwest corner of said 48.00 acre
tract, said point being the northeast corner of Business Center
Drive (width varies at this point);
THENCE SOUTHERLY, 925 feet more or less, along the west line
of said 48.00 acre tract and the easterly right-of-way line of
Business Center Drive to a point opposite the southeast corner of
that certain called 17.5691 acre tract of land conveyed to GLOBAL
NEW MILLENIUM PARTNERS, LTD. by the instrument of record under
Document Number 2009057174, B.C.O.P.R.;
THENCE WESTERLY, 1,113 feet more or less, along the south
line of said called 17.5691 acre tract to the southwest corner of
the same;
THENCE NORTHERLY, 769 feet more or less, along the west line
of said called 17.5691 acre tract to the most westerly northwest
corner of the same;
THENCE NORTHEASTERLY, 429 feet more or less, along the
northwest line of said called 17.5691 acre tract to the south
right-of-way line and crossing to the north right-of-way line of
F.M. 2234 - Shadow Creek Parkway (160.00' wide);
THENCE EASTERLY, 464 feet more or less, along said north
right-of-way line, same being the south line of SHADOW CREEK RANCH
COMMERCIAL SITE NO. 18B, a subdivision of record under Document
Number 2007035195, B.C.O.P.R., to the southeast corner of said SITE
18B;
THENCE NORTHERLY, 515 feet more or less, along the east line
of said SITE 18B to a point on the south line of SHADOW CREEK
MARKETPLACE, a subdivision of record under Document Number
2008001974, B.C.O.P.R.
THENCE EASTERLY, 60 feet more or less, along said south line
to a point on the west right-of-way line of Business Center Drive
(100' wide);
THENCE NORTHERLY, 101 feet more or less, along said west
right-of-way line to a point on the north line of said SHADOW CREEK
MARKETPLACE;
THENCE NORTHEASTERLY, 1,674 feet more or less, along said
north line to a point on the south line of a called 48.4712 acre
tract of land conveyed to AMEGY MORTGAGE COMPANY, L.L.C., by the
instrument of record under Document Number 2010023540, B.C.O.P.R.;
THENCE EASTERLY, 792 feet more or less, along the south line
of said called 48.4712 acre tract to the west right-of-way line of
State Highway 288;
THENCE NORTHERLY, 4,620 feet more or less, along said west
right-of-way line to a point on the south right-of-way line of
Beltway 8, same being the Northern City Limit Line of
Pearland,Texas;
THENCE EASTERLY, 2,623 feet more or less, along said City
Limit Line, crossing and to a point on the east side of said State
Highway 288 for the northwest corner of the MINOR SUBDIVISION PLAT
OF REC-TIME SUBDIVISION, a subdivision of record under Film Code
600053 of the Harris County Map Records, (H.C.M.R.);
THENCE SOUTHERLY, 1,290 feet more or less, along the west
line of said MINOR SUBDIVISION PLAT OF REC-TIME SUBDIVISION to the
north line of TOM BASS PARK;
THENCE WESTERLY, 679 feet more or less, to the west line of
said PARK;
THENCE SOUTHERLY, 2,966 feet more or less, along said west
line to the north line of THE LAKES AT COUNTRYPLACE SECTION EIGHT, a
subdivision of record in Volume 21, Pages 173-174, B.C.P.R.;
THENCE WESTERLY, 116 feet more or less, SOUTHERLY 207 feet
more or less and WESTERLY 439 feet more or less, along said north
line to a point on the east right-of-way line of the aforementioned
State Highway 288;
THENCE SOUTHERLY to SOUTHEASTERLY, 1,682 feet more or less,
along said east right-of-way line to the north right-of-way line of
the aforementioned F.M. 2234-Shadow Creek Parkway;
THENCE EASTERLY, 250 feet more or less, along said north
right-of-way line to a point at the intersection with the east
right-of-way line of County Road 94 (100' wide) projected north;
THENCE SOUTHERLY, 3,536 feet more or less, along said east
right-of-way line to the northwest corner of SOUTHDOWN COMMERCIAL
RESERVE TRACT A, a subdivision of record in Volume 17, Pages
151-152, B.C.P.R.;
THENCE EASTERLY, 381 feet more or less, along the north line
of said SOUTHDOWN COMMERCIAL RESERVE TRACT A and SOUTHDOWN
COMMERCIAL RESERVE TRACT B, a subdivision of record in Volume 20,
Pages 225-226, B.C.P.R. to the northeast corner of said TRACT B;
THENCE SOUTHERLY, 264 feet more or less, along the east line
of said TRACT B to the north right-of-way line and crossing to the
south right-of-way line of Hughes Ranch Road (70' wide);
THENCE EASTERLY, 758 feet more or less, along said south
right-of-way line to the northwest corner of SERENE GARDENS, a
subdivision of record under Document Number 2012007617,
B.C.O.P.R.;
THENCE SOUTHERLY, 970 feet more or less, along the west line
of said SERENE GARDENS to the southwest corner of the same;
THENCE EASTERLY, 417 feet more or less, along the south line
of said SERENE GARDENS to the southeast corner of the same and being
on the west line of AUTUMN LAKE SECTION 2, a subdivision of record
in Volume 23, Pages 43-44, B.C.P.R.;
THENCE SOUTHERLY, 2,972 feet more or less, along said west
line of AUTUMN LAKE SECTION 2, AUTUMN LAKE SECTION 1, a subdivision
of record in Volume 21, Pages 111-116, B.C.P.R. and AUTUMN LAKE
SECTION 3, a subdivision of record in Volume 24, Page 19, B.C.P.R.
to the southwest corner of said SECTION 3;
THENCE EASTERLY, 906 feet more or less, along the south line
of said SECTION 3 to the southeast corner of the same being on the
east line of Lot 29 of the Allison-Richey Gulf Coast Home Company of
Suburban Gardens Subdivision, Section 85, a subdivision of record
in Volume 2, Page 107, B.C.P.R.;
THENCE SOUTHERLY, 1,283 feet more or less, along the east
line of said Lot 29 and Lot 30 of said Allison-Richey Subdivision,
same being the HOME DEPOT tract to the north right-of-way line of
F.M. 518 (130' wide at this point);
THENCE SOUTHWESTERLY, 154 feet more or less, crossing said
F.M. 518 to the south right-of-way line of the same;
THENCE SOUTHERLY, 420 feet more or less, over and across
SILVERLAKE COMMERCIAL PARK PHASE II, a subdivision of record in
Volume 20, Pages 99-100, B.C.P.R. to an angle point in the south
line of said SILVERLAKE COMMERCIAL PARK PHASE II;
THENCE WESTERLY, 520 feet more or less, along the south line
of said SILVERLAKE COMMERCIAL PARK PHASE II, passing the southwest
corner of the same on the east right-of-way line and crossing to the
west right-of-way line of the aforementioned County Road 94 (100'
wide);
THENCE SOUTHERLY, 280 feet more or less, along said west
right-of-way line to the southeast corner of SILVERLAKE COMMERCIAL
PARK PHASE VII, a subdivision of record in Volume 21, Pages 39-40,
B.C.P.R.;
THENCE WESTERLY, 570 feet more or less, along the south line
of said PHASE VII to the most easterly southeast corner of
SILVERLAKE POWER CENTER, a subdivision of record in Volume 21,
Pages 351-352, B.C.P.R.;
THENCE SOUTHWESTERLY, 2,248 feet more or less, along the
south and southeast line of said SILVERLAKE POWER CENTER to the most
westerly corner of SCOFIELD SECTION 1 AT SILVERLAKE, a subdivision
of record in Volume 20, Pages 299-300, B.C.P.R.;
THENCE SOUTHEASTERLY, 911 feet more or less, along the
southwest line of said SCOFIELD SECTION 1 to the westerly
right-of-way line of the aforementioned County Road 94;
THENCE SOUTHERLY, 3,012 feet more or less, along said
westerly right-of-way line to the north right-of-way line of the
aforementioned County Road 59;
THENCE WESTERLY, 451 feet more or less, along said north
right-of-way line to an angle point on the same and being common
with the east right-of-way line of the aforementioned State Highway
288;
THENCE NORTHWESTERLY, 389 feet more or less, along said east
right-of-way line to an angle point;
THENCE WESTERLY, 509 feet more or less, crossing said State
Highway 288 to an angle point on the west right-of-way line of the
same;
THENCE SOUTHWESTERLY, 381 feet more or less, along said west
right-of-way line to an angle point on the same and being common
with the north right-of-way line of the aforementioned County Road
59;
THENCE WESTERLY, 936 feet more or less, along said north
right-of-way line to the POINT OF BEGINNING and containing 1,483
acres, more or less, of land.
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, 2013.
* * * * *
Pos. No. Name of Director
1 Teir Allender
2 Steve Chandler
3 Will Deane
4 Stephanie King
5 John Moody
6 Rushi Patel
7 Sylvester L. Roeder III