84R22557 JXC-F
By: Smith H.B. No. 4186
Substitute the following for H.B. No. 4186:
By: Martinez Fischer C.S.H.B. No. 4186
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the East Lake Houston Management
District; 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 3936 to read as follows:
CHAPTER 3936. EAST LAKE HOUSTON MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3936.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the city of Houston.
(3) "Director" means a board member.
(4) "District" means the East Lake Houston Management
District.
Sec. 3936.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3936.003. PURPOSE; LEGISLATIVE FINDINGS. (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 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) The district is created to supplement and not to
supplant city services provided in the district.
Sec. 3936.004. 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;
(3) developing or expanding transportation and
commerce; and
(4) providing quality residential housing.
(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 residential community and business
center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping,
removing graffiti from, and developing certain areas in the
district, which are necessary for the restoration, preservation,
and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, vehicle parking, and street art objects are parts of
and necessary components of a street and are considered to be an
improvement project that includes 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. 3936.005. 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 a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3936.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) 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.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for the purposes permitted for money granted to a corporation under
Section 380.002(b), Local Government Code, including the right to
pledge the money as security for any bonds issued by the district
for an improvement project.
(c) A tax increment reinvestment zone created by the city in
the district is not subject to the limitations provided by Section
311.006(b), Tax Code.
Sec. 3936.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3936.008. 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. 3936.051. GOVERNING BODY; TERMS. The district is
governed by a board of five voting directors who serve staggered
terms of four years with two or three directors' terms expiring June
1 of each odd-numbered year.
Sec. 3936.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY
CITY. To be qualified to serve as a director appointed by the
governing body of the city, a person must be:
(1) a resident of the district who is also a registered
voter of the district;
(2) an owner of property in the district;
(3) an owner of stock or a partnership or membership
interest, whether beneficial or otherwise, of a corporate
partnership, limited liability company, or other entity owner of a
direct or indirect interest in property in the district;
(4) an owner of a beneficial interest in a trust, or a
trustee in a trust, that directly or indirectly owns property in the
district;
(5) an agent, employee, or tenant of a person
described by Subdivision (2), (3), or (4); or
(6) an initial director.
Sec. 3936.053. APPOINTMENT OF DIRECTORS. The governing
body of the city shall appoint directors from persons recommended
by the board.
Sec. 3936.054. VACANCY. If a vacancy occurs on the board,
the remaining directors shall appoint a director for the remainder
of the unexpired term.
Sec. 3936.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A
director shall file the director's oath or affirmation of office
with the district, and the district shall retain the oath or
affirmation in the district records.
(b) A director shall file a copy of the director's oath or
affirmation with the secretary of the city.
Sec. 3936.056. QUORUM. A vacant director position is not
counted for purposes of establishing a quorum.
Sec. 3936.057. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary. The offices
of chair and secretary may not be held by the same person.
Sec. 3936.058. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $50 for each
board meeting. The total amount of compensation a director may
receive each year may not exceed $2,000.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3936.059. LIABILITY INSURANCE. The district may obtain
and pay for comprehensive general liability insurance coverage from
a commercial insurance company or other source that protects and
insures a director against personal liability and from all claims
relating to:
(1) actions taken by the director in the director's
capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the
district.
Sec. 3936.060. NO EXECUTIVE COMMITTEE. The board may not
create an executive committee to exercise the powers of the board.
Sec. 3936.061. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3936.062. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 John Hauser 1 John Hauser
1 John Hauser
2 Bob Harris 2 Bob Harris
2 Bob Harris
3 Martin Filfil 3 Martin Filfil
3 Martin Filfil
4 Tammy Reed 4 Tammy Reed
4 Tammy Reed
5 Zach Dehghanpoo 5 Zach Dehghanpoo
5 Zach Dehghanpoo
(b) The terms of the initial directors expire June 1, 2017.
(c) Of the directors who replace an initial director, the
terms of directors serving in positions 1 through 3 expire June 1,
2019, and the terms of directors serving in positions 4 and 5 expire
June 1, 2021.
(d) Section 3936.052 does not apply to initial directors
under this section.
(e) This section expires September 1, 2021.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3936.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3936.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using 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. 3936.103. LOCATION OF IMPROVEMENT PROJECT. An
improvement project described by Section 3936.102 may be located:
(1) in the district; or
(2) in an area outside but adjacent to the district if
the project is for the purpose of extending a public infrastructure
improvement beyond the district's boundaries to a logical terminus.
Sec. 3936.104. 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. 3936.105. 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. 3936.106. 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. 3936.107. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the city or a county, to provide law enforcement services
in the district for a fee.
Sec. 3936.108. 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. 3936.109. 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 that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3936.110. REAL PROPERTY RESTRICTIONS. (a) The
district may adopt restrictions on the use of real property in the
district.
(b) The district may enforce restrictions on the use of real
property in the district in the manner provided for a municipal
utility district by Section 54.237, Water Code.
Sec. 3936.111. CONCURRENCE ON ADDITIONAL POWERS. If the
legislature grants the district a power that is in addition to the
powers approved by the initial resolution of the governing body of
the city consenting to the creation of the district, the district
may not exercise that power unless the governing body of the city
consents to that change by resolution.
Sec. 3936.112. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3936.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of signatures and
the procedure required for a disbursement or transfer of the
district's money.
Sec. 3936.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
an improvement project or service authorized under this chapter or
Chapter 375, Local Government Code, using any money available to
the district.
Sec. 3936.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
secure the payment or repayment of any bond, note, or other
temporary or permanent obligation or reimbursement or other
contract with any person and the costs and expenses of the
establishment, administration, and operation of the district and
the district's costs or share of the costs or revenue of an
improvement project or district contractual obligation or
indebtedness by:
(1) the imposition of an ad valorem tax or sales and
use tax or an assessment, user fee, concession fee, or rental
charge; or
(2) any other revenue or resources of the district, or
other revenue authorized by the city, including revenues from a tax
increment reinvestment zone created by the city under applicable
law.
Sec. 3936.154. 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) The petition 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 the county; or
(2) at least 50 persons who own real property in the
district subject to assessment, if more than 50 persons own real
property in the district subject to assessment as determined by the
most recent certified tax appraisal roll for the county.
Sec. 3936.155. 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. 3936.156. 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. 3936.157. STORM WATER USER CHARGES. The district may
establish user charges related to the operation of storm water
facilities, including the regulation of storm water for the
protection of water quality in the district.
Sec. 3936.158. NONPOTABLE WATER USER CHARGES. The district
may establish user charges for the use of nonpotable water for
irrigation purposes, subject to approval of the governing body of
the city.
Sec. 3936.159. COSTS FOR IMPROVEMENT PROJECTS. The
district may undertake separately or jointly with other persons,
including the city or a county, all or part of the cost of an
improvement project, including an improvement project:
(1) for improving, enhancing, and supporting public
safety and security, fire protection and emergency medical
services, and law enforcement in or adjacent to the district; or
(2) that confers a general benefit on the entire
district or a special benefit on a definable part of the district.
Sec. 3936.160. 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. 3936.201. TAX ABATEMENT. The district may enter into a
tax abatement agreement in accordance with the general laws of this
state authorizing and applicable to a tax abatement agreement by a
municipality.
Sec. 3936.202. PROPERTY TAX AUTHORIZED. (a) The district
may impose an ad valorem tax on all taxable property in the district
to:
(1) pay for an improvement project of the types
authorized by Section 52(b), Article III, and Section 59, Article
XVI, Texas Constitution; or
(2) secure the payment of bonds issued for a purpose
described by Subdivision (1).
(b) The district may not impose an ad valorem tax to pay for
an improvement project under this chapter unless the imposition is
approved by the voters of the district voting at an election held
for that purpose. The board may call an election to approve the
imposition of an ad valorem tax to pay for an improvement project
under this chapter only if the board receives a petition requesting
the election signed by:
(1) more than 51 percent of the record owners of real
property in the district subject to taxation; or
(2) owners representing more than 51 percent of the
appraised value of real property in the district subject to
taxation, as determined by the tax rolls of the appraisal district.
Sec. 3936.203. SALES AND USE TAX. (a) The district may
impose a sales and use tax if authorized by a majority of the voters
of the district voting at an election called for that purpose.
Revenue from the tax may be used for any purpose for which ad
valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax if as a
result of the adoption of the tax the combined rate of all sales and
use taxes imposed by the district and other political subdivisions
of this state having territory in the district would exceed two
percent at any location in the district.
(c) If the voters of the district approve the adoption of
the tax at an election held on the same election date on which
another political subdivision adopts a sales and use tax or
approves an increase in the rate of its sales and use tax and as a
result the combined rate of all sales and use taxes imposed by the
district and other political subdivisions of this state having
territory in the district would exceed two percent at any location
in the district, the election to adopt a sales and use tax under
this chapter has no effect.
Sec. 3936.204. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue, by public or private sale, bonds, notes, or
other obligations payable wholly or partly from ad valorem taxes,
sales and use taxes, or assessments in the manner provided by
Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
Government Code.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) In addition to the sources of money described by
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
Government Code, district bonds may be secured and made payable
wholly or partly by a pledge of any part of the money the district
receives from improvement revenue or from any other source.
Sec. 3936.205. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
Sec. 3936.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax for each year that all or part of the bonds are
outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due; and
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date.
SUBCHAPTER F. DISSOLUTION
Sec. 3936.251. DISSOLUTION BY CITY ORDINANCE. (a) The city
by ordinance may dissolve the district.
(b) The city may not dissolve the district until the
district's outstanding debt or contractual obligations that are
payable from ad valorem taxes have been repaid or discharged, or the
city has affirmatively assumed the obligation to pay the
outstanding debt from city revenue.
Sec. 3936.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, other than ad valorem taxes, the city shall succeed to the
rights and obligations of the district regarding enforcement and
collection of the assessments or other revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3936.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes, subject to
the appropriation and availability of funds, the obligations of the
district, including any bonds or other debt payable from
assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SECTION 2. The East Lake Houston Management District
initially includes all the territory contained in the following
area:
East Lake Houston is comprised of fours tracts in northeast Harris
County within the City of Houston Full Purpose and
Extra-Territorial Jurisdictions.
Tract 1 +/- 137 acres, within the F. Rankin Survey Abstract (No. 57)
and situated southwest of intersection Crosby Huffman Road
(Farm-to-Market Road 2100) and Old Atascocita Road in northeast
Harris County with point of beginning being southeast corner of +/-
137 acre tract (ABST 57 F H RANKIN TRS 8A & 8B) and west Right-Of-Way
(ROW) of Crosby Huffman Road (FM 2100) and north boundary of Spanish
Cove Subdivision Section 2;
Then generally west along south boundary of said 137 acre tract, and
north boundary of Spanish Cove Subdivision Sections 1-2 to east ROW
Union Pacific Railway (former BSL&W);
Then northeast along the east ROW of Union Pacific Railway (former
BSL&W) to a point southeast of northeast corner of 0.2914 acre
parcel (ABST 57 F H RANKIN TRS 8B-1 & 8B-2 (LIFT STATION) (PT NM));
Then northwest across ROW of Union Pacific Railway and along south
boundary of said +/- 137 acre tract to northeast corner of said
0.2914 acre parcel;
Then west along south boundary of said +/- 137 acre tract and north
boundary of said 0.2914 acre parcel to northwest corner of said
0.2914 acre parcel;
Then south along boundary line of said +/- 137 acre tract and west
boundary of said 0.2914 acre parcel to southwest corner of said
0.2914 parcel and north boundary of 0.455 acre parcel (SPANISH COVE
SEC 1 LT 44 BLK 1);
Then west along boundary line of said +/- 137 acre tract and north
boundary of said 0.455 acre parcel, and 0.499 acre parcel (SPANISH
COVE SEC 1 LT 43 BLK 1) to southwest corner of said +/- 137 acre
tract;
Then northeast and north along the west boundary of said +/- 137
acre tract to northwest corner of said tract and southwest corner of
0.73 acre tract (ABST 57 F H RANKIN TRS 1E 1F 1G & 1K);
Then east along north boundary of said +/- 137 acre tract, across
ROW of Union Pacific Railway to northeast corner of said tract and
west ROW of Crosby Huffman Road (FM 2100);
Then south along east boundary of said +/- 137 acre tract and west
ROW of Crosby Huffman Road (FM 2100) to southeast corner of said +/-
137 acre tract and point of beginning of +/-137 acre Tract 1;
Tract 2 is +/- 111 acres within the A. Barber Survey (Abstract
No. 125) and situated at northeast intersection of Broze and FM
1960 (Humble Westfield) Roads in north central Harris County with
point of beginning being east Right-Of-Way (ROW) of Broze Rd. and
north ROW of FM 1960 at west boundary of 49.4516 acre tract (ABST
125 A BARBER PT TRS 42A & 43);
Then generally northwest and northeast along east ROW of Broze Rd.
to north corner of 23.5382 acre tract (ABST 125 A BARBER TRS 12 12A
12B 13 14A-1 & 42B) and northwest corner of 16.5344 acre tract (ABST
125 A BARBER 14A);
Then south southeast along east boundary of said 23.5382 acre tract
and west boundary of said 16.5344 acre tract to interior corner of
said 23.5382 acre tract and southwest corner of said 16.5344 acre
tract;
Then generally northeast along south boundary of said 16.5344 acre
tract to southeast corner of said tract and west boundary of 6.063
acre tract (ABST 125 A BARBER TR 14B);
Then south southeast along west boundary of said 6.063 acre tract to
southwest corner of said tract;
Then generally northeast along south boundary of said tract and
north boundary of 13.3449 acre tract (ABST 125 A BARBER TRS 42C &
42G) to southeast corner of 12.535 acre tract (ABST 125 A BARBER TR
14D);
Then northwest along east boundary of said 12.535 acre tract to
southwest corner of 12.553 acre tract (ABST 125 A BARBER TR 14E);
Then generally northeast along south boundary of said 12.553 acre
tract, and 8.8319 acre tract (ABST 125 A BARBER TR 14) to west
boundary of 48 acre tract (ABST 125 A BARBER TRS 38 & 38A) and north
corner of 10.2757 acre tract (ABST 125 A BARBER TRS 14E-1 14F & 16);
Then generally southeast along east boundary of said 10.2757 acre
tract, and YYY to east corner of said 49.4516 acre tract and north
corner of 2.511 acre tract (ABST 125 A BARBER TR 18A);
Then generally west southwest along south boundary of 49.4516 acre
tract (ABST 125 A BARBER PT TRS 42A & 43) to north ROW of FM 1960
(Humble-Westfield) Road;
Then generally west along north ROW of FM 1960 (Humble-Westfield)
Road, and boundary line of said 49.4516 acre tract to east ROW of
Broze Road and point of beginning of +/- 111 acre Tract 2;
Tract 3 is 98.703 acres of land situated in the Amos Barber Survey,
Abstract Number 125 and the John Taylor Survey, Abstract Number
777, Harris County, Texas, being out of and a part of a called
161.21277 acre tract (Tract 2) conveyed to Skinner Lands Turkey
Creek, LLC, by deed recorded under Harris County Clerks File
(H.C.C.F.) Number W476145, all called 15.0234 acre tract (North
Tract) conveyed to Resscomm Trust #1 by deed recorded under
H.C.C.F. Number X083314, all called 15.0234 acre tract (South
Tract) conveyed to Resscomm Trust #1 by deed recorded under
H.C.C.F. Number X083315 and all of a called 19.4002 acre tract
conveyed to 301 Lone Oak Partners. Ltd. by deed recorded under
H.C.C.F. Number Z368309. Said 98.703 acre tract being more
particularly described as follows (bearings are oriented to the
Texas State Plane Coordinate System of 1983, South Central Zone):
BEGINNING at 5/8 inch iron rod found in the westerly right-of-way
(R.O.W.) line of Cypresswood Drive (width varies), as widened by
deed recorded under H.C.C.F. Number H057592. Said iron rod marking
the southeasterly corner of a called 17.8631 acre tract conveyed to
the Mayfield Equiland Partnership, Ltd. By deed recorded under
H.C.C.F. Number X756857 and marking the northeasterly corner of
said North Tract and the herein described tract;
THENCE, S 02°09'35" E, along the westerly R.O.W. line of said
Cypresswood Drive and the easterly line of said North Tract, at a
distance of 585.68 feet pass the easterly common corner of said
North and South Tracts, and continuing, along the easterly line of
said South Tract, in all, a distance of 1171.37 feet to a 5/8 inch
iron rod found marking the northeasterly corner of a called 21.323
acre tract conveyed to Charles Henke, Trustee, by deed recorded
under H.C.C.F. Number L375554 and marking the southeasterly corner
of said South Tract and the herein described tract;
THENCE, S 87°50'37" W, departing said westerly R.O.W. line and along
the northerly line of said 21.323 acre tract and the southerly line
of said South Tract, a distance of 1135.50 feet to a 5/8 inch iron
rod found marking on angle point;
THENCE, S 56°25'44" W, along the northerly line of said 21.323 acre
tract and the southerly line of said South Tract, a distance of
856.37 feet to a 5/8 inch iron rod found in the northeasterly line
of a called 41.5609 acre tract conveyed to Marvin Noble Trustee by
deed recorded under H.C.C.F. Number M231144, marking the
northwesterly corner of said 21.323 acre tract and a southerly
corner of the herein described tract;
THENCE, N 34°17'44" W, along the northeasterly line of said 41.5609
acre tract, a distance of 147.39 feet to a 5/8 inch iron rod found
marking the northerly corner of said 41.5609 acre tract, a westerly
corner of said 161.21277 acre tract and an interior corner of the
herein described tract;
THENCE, S 56°22'29" W, along the northwesterly line of said 41.5609
acre tract, a distance of 1061.32 feet to a 1/2 inch iron rod found
marking the westerly corner of said 41.5609 acre tract, an interior
corner of said 161.21277 acre tract and the southwesterly corner of
the herein described tract;
THENCE, N 34°13'17" W, a distance of 1127.40 feet to a 1-1/2 inch
iron pipe found marking the southerly corner of a called 49.0095
acre tract conveyed to Mary A. Sitton Lacy by deed recorded under
H.C.C.F. Number R446593 and marking the westerly corner of the
herein described tract;
THENCE, N 55°56'11" E, along the southeasterly line of said 49.0095
acre tract, a distance of 1288.50 feet to a 1/2 Inch iron rod found
marking the southerly corner of Kattar Subdivision of Share 5, a
subdivision of record in Volume 655, Page 226, Harris County Deed
Records (H.C.D.R.) said iron rod marking the easterly corner of
said 49.0095 acre tract and an angle point in the north tine of the
herein described tract;
THENCE, N 55°45'25" E, along the southeasterly line of said Kattar
Subdivision of Share 5, a distance of 260.34 feet to a 5/8 inch Iron
rod found marking the southerly corner of Lot 7 of said Kattar
Subdivision of Share 5 and an interior corner of the herein
described tract;
THENCE, N 34°06'27" W, along the southwesterly line of said Lot 7, a
distance of 838.65 feet to 5/8 Inch iron rod set marking the common
corner of Lots 1, 2, 6 and 7 of said Kattar Subdivision of Share 5
and marking a westerly corner of the herein described tract;
THENCE, N 56°07'40" E, along the common line of said Lots 2 and 7, a
distance of 259.84 feet to a 5/8 inch iron rod set marking the
common corner of Lots 2, 3, 7 and 8 of said Kattar Subdivision of
Share 5 and marking an interior corner of the herein described
tract;
THENCE, N 34°06'27" W, along the common line of said Lots 2 and 3, a
distance of 840.24 feet to 5/8 Inch Iron rod set in the southerly
line of a called 85.1442 acre tract conveyed to the County of Harris
by deed recorded under H.C.C.F. Number F471196, said iron rod
marking the northerly common corner of said Lots 2 and 3 and marking
the northwesterly corner of the herein described tract;
THENCE, N 56°07'40" E, along the southeasterly corner of said
85.1442 acre tract and the southwesterly corner of a called 53.6308
acre tract conveyed to Harris County Flood Control District by deed
recorded under H.C.C.F. Number U971496 and marking a northerly
corner of the herein described tract;
THENCE, N 87°37'15" E, along the southerly line of said 53.6308 acre
tract, a distance of 95.54 feet to a 5/8 inch iron rod found marking
a northeasterly corner of the herein described tract;
THENCE, S 30°34'44" E, over and across Lot 4 of said Kattar
Subdivision of Share 5, a distance of 128.99 feet to a 5/8 inch iron
rod set marking an angle point;
THENCE, S 33°47'46" E, over and across Lots 4 and 9 of said Kattar
Subdivision of Share 5, a distance of 1537.09 feet to a 5/8 inch
iron rod set in the southerly line of said Lot 9, in a northerly line
of said 17.8631 acre tract and marking an angle point of the herein
described tract;
THENCE, S 88°02'07" W, along the southerly line of said Lot 9 and a
northerly line of said 17.8631 acre tract, a distance of 76.74 feet
to a 3/4 inch iron pipe found marking the northeasterly corner of
said 161.21277 acre tract, the northwest corner of said 17.8631
acre tract and an interior corner of the herein described tract;
THENCE, S 34°06'27" E, along the southwesterly line of said 17.8631
acre tract, a distance of 900.00 feet (called 901.67 feet) to a 5/8
inch iron rod found in the northwesterly line of said called 15.0234
acre tract (north tract) and marking an interior corner of the
herein described tract;
THENCE, N 55°52'41" E, along the northwesterly line of said 15.0234
acre tract (north tract), a distance of 1390.44 feet to the POINT OF
BEGINNING of 98.703 acre Tract 3;
Tract 4 is +/- 57 acres located due north of intersection of Rayford
and FM 1960 (Humble-Westfield) Roads in northeast Harris County,
within the City of Houston ETJ with point of beginning being the
east Right-Of-Way (ROW) Rayford Road, northwest corner of 27.3658
acre tract (ABST 125 A BARBER TR 33 & 33A) and south boundary of
29.1747 acre tract (ABST 125 A BARBER TRS 33C & 33D);
Then generally east along north boundary of said 27.3658 acre tract
and south boundary of said 29.1747 acre tract to northeast corner of
said 27.3658 acre tract and west boundary of Forest Shadows
Subdivision Section 3-4;
Then south southeast along east boundary of said 27.3658 acre tract
and west boundary of Forest Shadows Subdivision Section 3-4 to east
corner of said 27.3658 acre tract and north boundary of 4.55 acre
tract (ABST 125 A BARBER TRS 33A-1 & 33F);
Then west and southwest along east boundary of said 27.3658 acre
tract and north boundary of said 4.55 acre tract to southeast corner
of said 27.3648 acre tract and north ROW of FM 1960
(Humble-Westfield) Road;
Then west along south boundary of said 27.3658 acre tract and north
ROW of FM 1960 (Humble-Westfield) Road to east ROW of Rayford Road
and southwest corner of said 27.3658 acre tract;
Then north and north northeast along east ROW of Rayford Road and
west boundary of said 27.3658 acre tract to south corner of 0.2907
acre tract (ABST 125 A BARBER TR 32C);
Then north northeast along west boundary of said 27.3658 acre tract
and south boundary of said 0.2907 acre tract to east corner of said
0.2907 acre tract;
Then north northwest along east boundary of said 0.2907 acre tract,
and west boundary of said 27.3658 acre tract to north corner of said
0.2907 acre tract and east ROW of Rayford Road;
Then northeast along east ROW of Rayford Road, and west boundary of
said 27.3658 acre tract to a point south of south corner of 16.2092
acre tract (ABST 125 A BARBER TR 33A-1) and east corner of 3.0329
acre tract (ABST 125 A BARBER TR 32);
Then north across ROW of Rayford Road to south corner of said
16.2092 acre tract and east corner of said 3.0329 acre tract;
Then west northwest along west boundary of said 16.2092 acre tract
and east boundary of said 3.0329 acre tract to northeast corner of
said 3.0329 acre tract and southeast corner of 12.7163 acre tract
(ABST 125 A BARBER TR 32B);
Then southwest along south boundary of said 12.7163 acre tract and
north boundary of said 3.0329 acre tract to southwest corner of said
12.7163 acre tract and east boundary of 33.2084 acre tract (ABST 385
HT&BRR CO SEC 1 TR 2B);
Then northwest along west boundary of said 12.7163 acre tract and
east boundary of said 33.2084 acre tract to southwest corner of
2.0074 acre tract (ABST 125 A BARBER TRS 32B-2) and northwest corner
of said 12.7163 acre tract;
Then northeast along north boundary of said 12.7163 acre tract, and
south boundary of said 2.0074 acre tract and 39.975 acre tract
(RAYFORD INTERMEDIATE RES A BLK 1) to northeast corner of said
12.7163 tract and northwest corner of 16.2092 acre tract (ABST 125 A
BARBER TR 33A-1);
Then generally east along north boundary of said 16.2092 acre tract
and south boundary of said 39.975 acre tract to northeast corner of
said 16.2092 acre tract and west ROW of Rayford Road;
Then generally south along east boundary of said 16.2092 acre tract
and west ROW of Rayford Road to a point west of northwest corner of
27.3658 acre tract (ABST 125 A BARBER TRS 33 & 33A);
Then east across ROW of Rayford Road to northwest corner of said
27.3658 acre tract and point of beginning of +/- 57 acre Tract 4;
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, 2015.
Pos. No. Name of Director
1 John Hauser
2 Bob Harris
3 Martin Filfil
4 Tammy Reed
5 Zach Dehghanpoo