TX
Texas House Bill HB4333

Texas 2017 - 85th Regular

Texas House Bill HB4333 Compare Versions

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1-H.B. No. 4333
1+By: Davis of Harris (Senate Sponsor - Huffman) H.B. No. 4333
2+ (In the Senate - Received from the House May 19, 2017;
3+ May 19, 2017, read first time and referred to Committee on
4+ Administration; May 23, 2017, reported favorably by the following
5+ vote: Yeas 7, Nays 0; May 23, 2017, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the creation of the Harris County Improvement District
612 No. 24; providing authority to issue bonds; providing authority to
713 impose assessments, fees, and taxes.
814 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
915 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1016 Code, is amended by adding Chapter 3799 to read as follows:
1117 CHAPTER 3799. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 24
1218 SUBCHAPTER A. GENERAL PROVISIONS
1319 Sec. 3799.001. DEFINITIONS. In this chapter:
1420 (1) "Board" means the district's board of directors.
1521 (2) "City" means the City of Houston.
1622 (3) "County" means Harris County.
1723 (4) "Director" means a board member.
1824 (5) "District" means the Harris County Improvement
1925 District No. 24.
2026 Sec. 3799.002. CREATION AND NATURE OF DISTRICT. The
2127 district is a special district created under Section 59, Article
2228 XVI, Texas Constitution.
2329 Sec. 3799.003. PURPOSE; DECLARATION OF INTENT. (a) The
2430 creation of the district is essential to accomplish the purposes of
2531 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
2632 Texas Constitution, and other public purposes stated in this
2733 chapter. By creating the district and in authorizing the city, the
2834 county, and other political subdivisions to contract with the
2935 district, the legislature has established a program to accomplish
3036 the public purposes set out in Section 52-a, Article III, Texas
3137 Constitution.
3238 (b) The creation of the district is necessary to promote,
3339 develop, encourage, and maintain employment, commerce,
3440 transportation, housing, tourism, recreation, the arts,
3541 entertainment, economic development, safety, and the public
3642 welfare in the district.
3743 (c) This chapter and the creation of the district may not be
3844 interpreted to relieve the city or county from providing the level
3945 of services provided as of the effective date of the Act enacting
4046 this chapter to the area in the district. The district is created
4147 to supplement and not to supplant city or county services provided
4248 in the district.
4349 Sec. 3799.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
4450 The district is created to serve a public use and benefit.
4551 (b) All land and other property included in the district
4652 will benefit from the improvements and services to be provided by
4753 the district under powers conferred by Sections 52 and 52-a,
4854 Article III, and Section 59, Article XVI, Texas Constitution, and
4955 other powers granted under this chapter.
5056 (c) The creation of the district is in the public interest
5157 and is essential to further the public purposes of:
5258 (1) developing and diversifying the economy of the
5359 state;
5460 (2) eliminating unemployment and underemployment; and
5561 (3) developing or expanding transportation and
5662 commerce.
5763 (d) The district will:
5864 (1) promote the health, safety, and general welfare of
5965 residents, employers, potential employees, employees, visitors,
6066 and consumers in the district, and of the public;
6167 (2) provide needed funding for the district to
6268 preserve, maintain, and enhance the economic health and vitality of
6369 the district territory as a community and business center;
6470 (3) promote the health, safety, welfare, and enjoyment
6571 of the public by providing pedestrian ways and by landscaping and
6672 developing certain areas in the district, which are necessary for
6773 the restoration, preservation, and enhancement of scenic beauty;
6874 and
6975 (4) provide for water, wastewater, drainage, road, and
7076 recreational facilities for the district.
7177 (e) Pedestrian ways along or across a street, whether at
7278 grade or above or below the surface, and street lighting, street
7379 landscaping, parking, and street art objects are parts of and
7480 necessary components of a street and are considered to be a street
7581 or road improvement.
7682 (f) The district will not act as the agent or
7783 instrumentality of any private interest even though the district
7884 will benefit many private interests as well as the public.
7985 Sec. 3799.005. INITIAL DISTRICT TERRITORY. (a) The
8086 district is initially composed of the territory described by
8187 Section 2 of the Act enacting this chapter.
8288 (b) The boundaries and field notes contained in Section 2 of
8389 the Act enacting this chapter form a closure. A mistake in the
8490 field notes or in copying the field notes in the legislative process
8591 does not affect the district's:
8692 (1) organization, existence, or validity;
8793 (2) right to issue any type of bonds for the purposes
8894 for which the district is created or to pay the principal of and
8995 interest on the bonds;
9096 (3) right to impose or collect an assessment or tax; or
9197 (4) legality or operation.
9298 Sec. 3799.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
9399 DISTRICTS LAW. Except as otherwise provided by this chapter,
94100 Chapter 375, Local Government Code, applies to the district.
95101 Sec. 3799.007. CONSTRUCTION OF CHAPTER. This chapter shall
96102 be liberally construed in conformity with the findings and purposes
97103 stated in this chapter.
98104 SUBCHAPTER B. BOARD OF DIRECTORS
99105 Sec. 3799.051. GOVERNING BODY; TERMS. (a) The district is
100106 governed by a board of five voting directors who serve staggered
101107 terms of four years, with two or three directors' terms expiring
102108 June 1 of each odd-numbered year.
103109 (b) The board by resolution may change the number of voting
104110 directors on the board only if the board determines that the change
105111 is in the best interest of the district. The board may not consist
106112 of fewer than 5 or more than 15 voting directors.
107113 Sec. 3799.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
108114 and members of the governing body of the city shall appoint voting
109115 directors from persons recommended by the board. A person is
110116 appointed if a majority of the members of the governing body and the
111117 mayor vote to appoint that person.
112118 Sec. 3799.053. NONVOTING DIRECTORS. The board may appoint
113119 nonvoting directors to serve at the pleasure of the voting
114120 directors.
115121 Sec. 3799.054. QUORUM. For purposes of determining the
116122 requirements for a quorum of the board, the following are not
117123 counted:
118124 (1) a board position vacant for any reason, including
119125 death, resignation, or disqualification;
120126 (2) a director who is abstaining from participation in
121127 a vote because of a conflict of interest; or
122128 (3) a nonvoting director.
123129 Sec. 3799.055. INITIAL VOTING DIRECTORS. (a) The initial
124130 board consists of the following voting directors:
125131 Pos. No. Name of Director Pos. No. Name of Director
126132 Pos. No. Name of Director
127133 1 Harry Masterson 1 Harry Masterson
128134 1 Harry Masterson
129135 2 Simmi Jaggi 2 Simmi Jaggi
130136 2 Simmi Jaggi
131137 3 Jay Houren 3 Jay Houren
132138 3 Jay Houren
133139 4 John Wade 4 John Wade
134140 4 John Wade
135141 5 Richard Fuqua 5 Richard Fuqua
136142 5 Richard Fuqua
137143 (b) Of the initial directors, the terms of directors
138144 appointed for positions one through three expire June 1, 2019, and
139145 the terms of directors appointed for positions four and five expire
140146 June 1, 2021.
141147 (c) Section 3799.052 does not apply to the initial voting
142148 directors.
143149 (d) This section expires September 1, 2021.
144150 SUBCHAPTER C. POWERS AND DUTIES
145151 Sec. 3799.101. GENERAL POWERS AND DUTIES. The district has
146152 the powers and duties necessary to accomplish the purposes for
147153 which the district is created.
148154 Sec. 3799.102. IMPROVEMENT PROJECTS AND SERVICES. The
149155 district may provide, design, construct, acquire, improve,
150156 relocate, operate, maintain, or finance an improvement project or
151157 service using any money available to the district, or contract with
152158 a governmental or private entity to provide, design, construct,
153159 acquire, improve, relocate, operate, maintain, or finance an
154160 improvement project or service authorized under this chapter or
155161 Chapter 375, Local Government Code.
156162 Sec. 3799.103. DEVELOPMENT CORPORATION POWERS. The
157163 district, using money available to the district, may exercise the
158164 powers given to a development corporation under Chapter 505, Local
159165 Government Code, including the power to own, operate, acquire,
160166 construct, lease, improve, or maintain a project under that
161167 chapter.
162168 Sec. 3799.104. LAW ENFORCEMENT SERVICES. To protect the
163169 public interest, the district may contract with a qualified party,
164170 including the city or the county, to provide law enforcement
165171 services in the district for a fee.
166172 Sec. 3799.105. ECONOMIC DEVELOPMENT. (a) The district may
167173 engage in activities that accomplish the economic development
168174 purposes of the district.
169175 (b) The district may establish and provide for the
170176 administration of one or more programs to promote state or local
171177 economic development and to stimulate business and commercial
172178 activity in the district, including programs to:
173179 (1) make loans and grants of public money; and
174180 (2) provide district personnel and services.
175181 (c) The district may create economic development programs
176182 and exercise the economic development powers provided to
177183 municipalities by:
178184 (1) Chapter 380, Local Government Code; and
179185 (2) Subchapter A, Chapter 1509, Government Code.
180186 Sec. 3799.106. PARKING FACILITIES. (a) The district may
181187 acquire, lease as lessor or lessee, construct, develop, own,
182188 operate, and maintain parking facilities or a system of parking
183189 facilities, including lots, garages, parking terminals, or other
184190 structures or accommodations for parking motor vehicles off the
185191 streets and related appurtenances.
186192 (b) The district's parking facilities serve the public
187193 purposes of the district and are owned, used, and held for a public
188194 purpose even if leased or operated by a private entity for a term of
189195 years.
190196 (c) The district's parking facilities are part of and
191197 necessary components of a street and are considered to be a street
192198 or road improvement.
193199 (d) The development and operation of the district's parking
194200 facilities may be considered an economic development program.
195201 Sec. 3799.107. APPROVAL BY CITY. (a) Except as provided
196202 by Subsection (c), the district must obtain the approval of the city
197203 for:
198204 (1) the issuance of bonds;
199205 (2) the plans and specifications of an improvement
200206 project financed by bonds; and
201207 (3) the plans and specifications of an improvement
202208 project related to the use of land owned by the city, an easement
203209 granted by the city, or a right-of-way of a street, road, or
204210 highway.
205211 (b) The district may not issue bonds until the governing
206212 body of the city adopts a resolution or ordinance authorizing the
207213 issuance of the bonds.
208214 (c) If the district obtains the approval of the city's
209215 governing body of a capital improvements budget for a period not to
210216 exceed 10 years, the district may finance the capital improvements
211217 and issue bonds specified in the budget without further approval
212218 from the city.
213219 (d) The governing body of the city:
214220 (1) is not required to adopt a resolution or ordinance
215221 to approve plans and specifications described by Subsection (a);
216222 and
217223 (2) may establish an administrative process to approve
218224 plans and specifications described by Subsection (a) without the
219225 involvement of the governing body.
220226 Sec. 3799.108. NO ANNEXATION POWER. The district may not
221227 annex land without legislative approval.
222228 Sec. 3799.109. NO EMINENT DOMAIN POWER. The district may
223229 not exercise the power of eminent domain.
224230 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
225231 Sec. 3799.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
226232 board by resolution shall establish the number of directors'
227233 signatures and the procedure required for a disbursement or
228234 transfer of district money.
229235 Sec. 3799.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
230236 The district may acquire, construct, finance, operate, or maintain
231237 any improvement or service authorized under this chapter or Chapter
232238 375, Local Government Code, using any money available to the
233239 district.
234240 Sec. 3799.153. PETITION REQUIRED FOR FINANCING SERVICES AND
235241 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
236242 service or improvement project with assessments under this chapter
237243 unless a written petition requesting that service or improvement
238244 has been filed with the board.
239245 (b) A petition filed under Subsection (a) must be signed by
240246 the owners of a majority of the assessed value of real property in
241247 the district subject to assessment according to the most recent
242248 certified tax appraisal roll for the county.
243249 Sec. 3799.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
244250 The board by resolution may impose and collect an assessment for any
245251 purpose authorized by this chapter in all or part of the district.
246252 (b) An assessment, a reassessment, or an assessment
247253 resulting from an addition to or correction of the assessment roll
248254 by the district, penalties and interest on an assessment or
249255 reassessment, an expense of collection, and reasonable attorney's
250256 fees incurred by the district:
251257 (1) are a first and prior lien against the property
252258 assessed;
253259 (2) are superior to any other lien or claim other than
254260 a lien or claim for county, school district, or municipal ad valorem
255261 taxes; and
256262 (3) are the personal liability of and a charge against
257263 the owners of the property even if the owners are not named in the
258264 assessment proceedings.
259265 (c) The lien is effective from the date of the board's
260266 resolution imposing the assessment until the date the assessment is
261267 paid. The board may enforce the lien in the same manner that the
262268 board may enforce an ad valorem tax lien against real property.
263269 (d) The board may make a correction to or deletion from the
264270 assessment roll that does not increase the amount of assessment of
265271 any parcel of land without providing notice and holding a hearing in
266272 the manner required for additional assessments.
267273 Sec. 3799.155. TAX AND ASSESSMENT ABATEMENTS. The district
268274 may designate reinvestment zones and may grant abatements of a tax
269275 or assessment on property in the zones.
270276 SUBCHAPTER E. TAXES AND BONDS
271277 Sec. 3799.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
272278 The district may issue, without an election, bonds, notes, and
273279 other obligations secured by:
274280 (1) revenue other than ad valorem taxes; or
275281 (2) contract payments described by Section 3799.203.
276282 (b) The district must hold an election in the manner
277283 provided by Subchapter L, Chapter 375, Local Government Code, to
278284 obtain voter approval before the district may impose an ad valorem
279285 tax or issue bonds payable from ad valorem taxes.
280286 (c) Section 375.243, Local Government Code, does not apply
281287 to the district.
282288 (d) All or any part of any facilities or improvements that
283289 may be acquired by a district by the issuance of its bonds may be
284290 submitted as a single proposition or as several propositions to be
285291 voted on at the election.
286292 Sec. 3799.202. OPERATION AND MAINTENANCE TAX. (a) If
287293 authorized by a majority of the district voters voting at an
288294 election held in accordance with Section 3799.201, the district may
289295 impose an operation and maintenance tax on taxable property in the
290296 district in accordance with Section 49.107, Water Code, for any
291297 district purpose, including to:
292298 (1) maintain and operate the district;
293299 (2) construct or acquire improvements; or
294300 (3) provide a service.
295301 (b) The board shall determine the tax rate. The rate may not
296302 exceed the rate approved at the election.
297303 (c) Section 49.107(h), Water Code, does not apply to the
298304 district.
299305 Sec. 3799.203. CONTRACT TAXES. (a) In accordance with
300306 Section 49.108, Water Code, the district may impose a tax other than
301307 an operation and maintenance tax and use the revenue derived from
302308 the tax to make payments under a contract after the provisions of
303309 the contract have been approved by a majority of the district voters
304310 voting at an election held for that purpose.
305311 (b) A contract approved by the district voters may contain a
306312 provision stating that the contract may be modified or amended by
307313 the board without further voter approval.
308314 Sec. 3799.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
309315 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
310316 determined by the board. Section 375.205, Local Government Code,
311317 does not apply to a loan, line of credit, or other borrowing from a
312318 bank or financial institution secured by revenue other than ad
313319 valorem taxes.
314320 (b) The district may issue bonds, notes, or other
315321 obligations payable wholly or partly from ad valorem taxes,
316322 assessments, impact fees, revenue, contract payments, grants, or
317323 other district money, or any combination of those sources of money,
318324 to pay for any authorized district purpose.
319325 (c) The limitation on the outstanding principal amount of
320326 bonds, notes, and other obligations provided by Section 49.4645,
321327 Water Code, does not apply to the district.
322328 Sec. 3799.205. TAXES FOR BONDS. At the time the district
323329 issues bonds payable wholly or partly from ad valorem taxes, the
324330 board shall provide for the annual imposition of a continuing
325331 direct annual ad valorem tax, without limit as to rate or amount,
326332 for each year that all or part of the bonds are outstanding as
327333 required and in the manner provided by Sections 54.601 and 54.602,
328334 Water Code.
329335 Sec. 3799.206. CITY NOT REQUIRED TO PAY DISTRICT
330336 OBLIGATIONS. Except as provided by Section 375.263, Local
331337 Government Code, the city is not required to pay a bond, note, or
332338 other obligation of the district.
333339 SECTION 2. The Harris County Improvement District No. 24
334340 initially includes all territory contained in the following area:
335341 TRACT 1
336342 FIELD NOTE DESCRIPTION OF 5.369 ACRES (233,869 SQUARE FEET)
337343 OF LAND IN THE A.C. REYNOLDS SURVEY, ABSTRACT No. 61 AND BEING
338344 UNRESTRICTED RESERVE "A", HIGHLAND VILLAGE SHOPPING CENTER,
339345 SECTION ONE AS RECORDED IN FILM CODE 629155, HARRIS COUNTY MAP
340346 RECORDS, ALL BEING LOCATED IN THE CITY OF HOUSTON, HARRIS COUNTY,
341347 TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
342348 FOLLOWS:
343349 BEGINNING at a PK Nail with Shiner found for the intersection
344350 of the north right-of-way of Westheimer (80-feet wide) and the west
345351 right-of-way of Drexel Drive (60-feet wide), said point also being
346352 the southeast corner of Unrestricted Reserve "A";
347353 THENCE, S 86°49'28" W, along the north right-of-way line of
348354 Westheimer, common with the south line of Unrestricted Reserve "A",
349355 a distance of 767.10 feet to a PK Nail with Shiner found for the
350356 southwest corner of the herein described tract, said point being on
351357 the east line of the Union Pacific Railroad Fee Strip;
352358 THENCE, N 02°46'33" W, along the east line of the Union
353359 Pacific Railroad Fee Strip, common with the west line of
354360 Unrestricted Reserve "A", a distance of 300.00 feet to a 5/8-inch
355361 iron rod with cap found for the northwest corner of the herein
356362 described tract, said point also being the southwest corner of Oak
357363 Estates Subdivision, Section Two as recorded in Volume 35, Page 43
358364 Harris County Map Records;
359365 THENCE, N 86°49'28" E, along the south line of Oak Estates
360366 Subdivision, Section Two, common with the north line of
361367 Unrestricted Reserve "A", a distance of 657.84 feet to a 5/8-inch
362368 iron rod with cap found for an interior corner of the herein
363369 described tract and being the southeast corner of Oak Estates
364370 Subdivision, Section Two;
365371 THENCE, N 02°11'30" W, along the west line of Oak Estates
366372 Subdivision, Section Two, a distance of 5.14 feet to a 5/8-inch iron
367373 rod with cap found for an interior corner of the herein described
368374 tract, said point being the southwest corner of Block Six, Oak
369375 Estates Subdivision, Section One;
370376 THENCE, N 87°12'29" E, along the south line of Block Six,
371377 common with the north line of Unrestricted Reserve "A", a distance
372378 of 163.65 feet to a 5/8-inch iron rod with cap found for the
373379 northeast corner of the herein described tract, said point being on
374380 the west right-of-way line of Drexel Drive and being on a
375381 non-tangent curve to the left;
376382 THENCE, along the aforementioned curve to the left, being the
377383 west right-of-way line of Drexel Drive, common with the east line of
378384 Unrestricted Reserve "A", having a radius of 338.66 feet, a delta of
379385 32°58'06", an arc length of 194.87 feet, a chord bearing of S
380386 13°41'31" W, and a chord distance of 192.19 feet to a PK Nail with
381387 Shiner found for a point of tangency;
382388 THENCE, S 02°47'32" E, along the west right-of-way line of
383389 Drexel Drive, common with the east line of Unrestricted Reserve
384390 "A", a distance of 120.12 feet to the POINT OF BEGINNING and
385391 containing 5.369 acres (233,869 square feet) of land.
386392 TRACT 2
387393 FIELD NOTE DESCRIPTION OF 4.0363 ACRES (175,820 SQUARE FEET)
388394 OF LAND COMPRISED OF RESERVE "B" AND ALL OF THE UNRESTRICTED TRACT
389395 EAST OF DREXEL DRIVE IN THE PLAT OF OAK ESTATES, SECTION ONE, AS
390396 RECORDED IN VOLUME 31, PAGE 67, H.C.M.R., ALL LOCATED IN THE CITY OF
391397 HOUSTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
392398 BOUNDS AS FOLLOWS:
393399 BEGINNING at a PK Nail found for the intersection of the north
394400 right-of-way line of Westheimer Road (80-feet wide) and the east
395401 right-of-way line of Drexel Drive (60-feet wide) and being the
396402 southwest corner of the herein described tract;
397403 THENCE, N 02°47'32" W, along the east right-of-way line of
398404 Drexel Drive, a distance of 119.72 feet to an "X" cut in concrete
399405 for the point of a curve to the right;
400406 THENCE, along the aforementioned curve to the right, being
401407 the east right-of-way line of Drexel Drive, having a radius of
402408 278.66 feet, a delta of 41°24'04", an arc length of 201.36 feet, a
403409 chord bearing of N 17°54'30" E and a chord distance of 197.00 feet to
404410 a 5/8-inch iron rod set with cap for the northwest corner of the
405411 herein described tract, said point also being the southwest corner
406412 of Block 8, Oak Estates, Section One;
407413 THENCE N 87°12'33" E, along the south line of Block 8, a
408414 distance of 527.04 feet to a 5/8-inch iron rod with cap set for the
409415 southeast corner of Block 8, common with the northeast corner of the
410416 herein described tract, said point also being on the west line of a
411417 tract conveyed to Walgreens Co. Store No. 1582 and recorded in
412418 Harris County Clerk's File No. J782393;
413419 THENCE, S 02°21'32" E, along the west line of the Walgreens
414420 Co. Store No. 1582 tract, a distance of 300.02 feet to a PK Nail
415421 found for the southwest corner of the Walgreens Co. Store No. 1582
416422 tract, common with the southeast corner of the herein described
417423 tract and being on the north right-of-way line of Westheimer Road;
418424 THENCE, S 86°49'28" W, along the north right-of-way line of
419425 Westheimer Road, a distance of 594.42 feet to the POINT OF BEGINNING
420426 and containing 4.0363 acres (175,820 square feet) of land.
421427 TRACT 3
422428 FIELD NOTE DESCRIPTION OF 3.5246 ACRES (153,531 SQUARE FEET)
423429 BEING THE RESERVED TRACT LOCATED BETWEEN SUFFOLK DRIVE AND DREXEL
424430 DRIVE, IN THE PLAT OF HIGHLAND VILLAGE SUBDIVISION, AS RECORDED IN
425431 VOLUME 27, PAGE 42, H.C.M.R., ALL BEING LOCATED IN THE CITY OF
426432 HOUSTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
427433 BOUNDS AS FOLLOWS:
428434 BEGINNING at a PK Nail found for the intersection of the south
429435 right-of-way line of Westheimer Road (80-feet wide) and the west
430436 right-of-way line of Drexel Drive (60-feet wide) and being the
431437 northeast corner of the herein described tract;
432438 THENCE, along a curve to the left, being the west
433439 right-of-way line of Drexel Drive, having a radius of 337.92 feet, a
434440 delta of 24°46'37", an arc length of 146.13 feet, a chord bearing of
435441 S 15°31'55" E and a chord distance of 144.99 feet to a point of
436442 tangency;
437443 THENCE, S 27°54'33" E, along the west right-of-way line of
438444 Drexel Drive, a distance of 0.28 feet to a point for a curve to the
439445 right;
440446 THENCE, along the aforementioned curve to the right, being
441447 the west right-of-way line of Drexel Drive, having a radius of
442448 249.66 feet, a delta of 27°15'42", an arc length of 118.79 feet, a
443449 chord bearing of S 14°16'42" E and a chord distance of 117.67 feet to
444450 a point of tangency;
445451 THENCE, S 00°40'36" E, along the west right-of-way line of
446452 Drexel Drive, a distance of 2.40 feet to a 1/2-inch iron rod found
447453 for the southeast corner of the herein described tract, said point
448454 also being the northeast corner of Block 6, Highland Village
449455 Subdivision;
450456 THENCE, S 86°49'28" W, along the north line of Block 6, a
451457 distance of 652.48 feet to a 1/2-inch iron rod with cap found for
452458 the southwest corner of the herein described tract, common with the
453459 northwest corner of Block 6 and being on a non-tangent curve to the
454460 right;
455461 THENCE, along the aforementioned curve to the right, being
456462 the east right-of-way line of Suffolk Drive, having a radius of
457463 240.45 feet, a delta of 24°59'21", an arc length of 104.87 feet, a
458464 chord bearing of N 09°44'58" E and a chord distance of 104.04 feet to
459465 a point of tangency;
460466 THENCE, N 22°14'38" E, along the east right-of-way line of
461467 Suffolk Drive, a distance of 34.45 feet to a point for a curve to the
462468 left;
463469 THENCE, along the aforementioned curve to the left, being the
464470 east right-of-way line of Suffolk Drive, having a radius of 296.96
465471 feet, a delta of 25°22'34", an arc length of 131.52 feet, a chord
466472 bearing of N 09°33'21" E and a chord distance of 130.45 feet to a
467473 1/2-inch iron rod with cap found for the northwest corner of the
468474 herein described tract and being on the south right-of-way line of
469475 Westheimer Road;
470476 THENCE, N 86°49'28" E, along the south right-of-way line of
471477 Westheimer Road, a distance of 532.00 feet to the POINT OF BEGINNING
472478 and containing 3.5246 acres (153,531 square feet) of land.
473479 TRACT 4
474480 FIELD NOTE DESCRIPTION OF 0.8377 ACRES (36,492 SQUARE FEET)
475481 BEING RESERVES A & B AND THE RESERVED TRACT EAST OF DREXEL, IN THE
476482 PLAT OF HIGHLAND VILLAGE SUBDIVISION AS RECORDED IN VOLUME 27, PAGE
477483 42, H.C.M.R., ALL BEING LOCATED IN THE CITY OF HOUSTON, TEXAS AND
478484 BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
479485 BEGINNING at a PK Nail found for the intersection of the south
480486 right-of-way line of Westheimer Road (80-feet wide) and the east
481487 right-of-way line of Drexel Drive (60-feet wide) and being the
482488 northwest corner of the herein described tract;
483489 THENCE, N 86°49'28" E, along the south right-of-way line of
484490 Westheimer Road, a distance of 175.00 feet to a 5/8-inch iron rod
485491 found for the northeast corner of the herein described tract, said
486492 point being the northwest corner of a called 1.7783 acre tract
487493 conveyed to Weshy, Ltd. Under Harris County Clerk's File
488494 No. S582699;
489495 THENCE, S 00°40'36" E, along the west line of the called
490496 1.7783 acre tract, a distance of 260.01 feet to a 5/8-inch iron rod
491497 with cap set for the southeast corner of the herein described tract,
492498 said point also being the northeast corner of Block 1, Highland
493499 Village Subdivision;
494500 THENCE, S 86°49'28" W, along the north line of Block 1, a
495501 distance of 109.93 feet to a 1/2-inch iron rod found for the
496502 southwest corner of the herein described tract, common with the
497503 northwest corner of Block 1 and being on a non-tangent curve to the
498504 left;
499505 THENCE, along the aforementioned curve to the left, being the
500506 east right-of-way line of Drexel Drive, having a radius of 309.66
501507 feet, a delta of 27°12'57", an arc length of 147.09 feet, a chord
502508 bearing of N 14°18'05" W and a chord distance of 145.71 feet to a
503509 point of tangency;
504510 THENCE, N 27°54'33" W, along the east right-of-way line of
505511 Drexel Drive, a distance of 0.28 feet to a point for a curve to the
506512 right;
507513 THENCE, along the aforementioned curve to the right, being
508514 the east right-of-way line of Drexel Drive, having a radius of
509515 277.92 feet, a delta of 24°47'10", an arc length of 120.23 feet, a
510516 chord bearing of N 15°30'58" W and a chord distance of 119.29 feet to
511517 the POINT OF BEGINNING and containing 0.8377 acres (36,492 square
512518 feet) of land.
513519 TRACT 5
514520 FIELD NOTE DESCRIPTION OF 0.8429 ACRES (36,717 SQUARE FEET)
515521 BEING THE RESERVED TRACT LOCATED WEST OF SUFFOLK DRIVE, IN THE PLAT
516522 OF HIGHLAND VILLAGE SUBDIVISION, AS RECORDED IN VOLUME 27, PAGE 42,
517523 H.C.M.R., ALL BEING LOCATED IN THE CITY OF HOUSTON, TEXAS AND BEING
518524 MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
519525 BEGINNING at a point for the Intersection of the south
520526 right-of-way line of Westheimer Road (80-feet wide) and the west
521527 right-of-way line of Suffolk Drive (60-feet wide) and being the
522528 northeast corner of the herein described tract;
523529 THENCE, along a curve to the right, being the west
524530 right-of-way line of Suffolk Drive, having a radius of 236.96 feet,
525531 a delta of 25°21'55", an arc length of 104.90 feet, a chord bearing
526532 of S 09°33'41" W and a chord distance of 104.05 feet to a point of
527533 tangency;
528534 THENCE, S 22°14'38" W, along the west right-of-way line of
529535 Suffolk Drive, a distance of 34.45 feet to a point for a curve to the
530536 left;
531537 THENCE, along the aforementioned curve to the left, being the
532538 west right-of-way line of Suffolk Drive, having a radius of 300.45
533539 feet, a delta of 25°01'11", an arc length of 131.20 feet, a chord
534540 bearing of S 09°44'02" W and a chord distance of 130.16 feet to a
535541 point of tangency;
536542 THENCE, S 02°46'33" E, along the west right-of-way line of
537543 Suffolk Drive, a distance of 0.29 feet to the southeast corner of
538544 the herein described tract, said point also being the northeast of
539545 Unrestricted Reserve "A", Highland Village Subdivision, Partial
540546 Replat No. 1 as recorded in Film Code 630209 H.C.M.R.;
541547 THENCE, S 86°49'28" W, along the north line of Unrestricted
542548 Reserve "A", a distance of 110.00 feet to the southwest corner of
543549 the herein described tract, common with the northwest corner of
544550 Unrestricted Reserve "A" and being on the east line of the Union
545551 Pacific tract;
546552 THENCE, N 02°46'33" W, along the east line of the Union
547553 Pacific tract, a distance of 259.77 feet to the northwest corner of
548554 the herein described tract and being on the south right-of-way line
549555 of Westheimer Road;
550556 THENCE, N 86°49'28" E, along the south right-of-way line of
551557 Westheimer Road, a distance of 175.00 feet to the POINT OF BEGINNING
552558 and containing 0.8429 acres (36,717 square feet) of land.
553559 TRACT 6
554560 FIELD NOTE DESCRIPTION OF 0.5050 ACRES (22,000 SQUARE FEET)
555561 BEING ALL OF UNRESTRICTED RESERVE A, HIGHLAND VILLAGE PARTIAL
556562 REPLAT No. 1 AS RECORDED IN FILM CODE 630209 H.C.M.R., ALL BEING
557563 LOCATED IN THE CITY OF HOUSTON, TEXAS AND BEING MORE PARTICULARLY
558564 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
559565 COMMENCING at a point for the intersection of the south
560566 right-of-way line of Westheimer Road (80-feet wide) and the west
561567 right-of-way line of Suffolk Drive (60-feet wide) and being the
562568 northeast corner of the of the Highland Village Reserved Tract as
563569 recorded in Volume 027, Page 042, Harris County Map Records and
564570 being on a non-tangent curve to the right;
565571 THENCE, along a curve to the right, being the west
566572 right-of-way line of Suffolk Drive, having a radius of 236.96 feet,
567573 a delta of 25°21'55", an arc length of 104.90 feet, a chord bearing
568574 of S 09°33'41" W and a chord distance of 104.05 feet to a point of
569575 tangency;
570576 THENCE, S 22°14'38" W, along the west right-of-way line of
571577 Suffolk Drive, a distance of 34.45 feet to a point for a curve to the
572578 left;
573579 THENCE, along the aforementioned curve to the left, being the
574580 west right-of-way line of Suffolk Drive, having a radius of 300.45
575581 feet, a delta of 25°01'11", an arc length of 131.20 feet, a chord
576582 bearing of S 09°44'02" W and a chord distance of 130.16 feet to a
577583 point of tangency;
578584 THENCE, S 02°46'33" E, along the west right-of-way line of
579585 Suffolk Drive, a distance of 0.29 feet to the POINT OF BEGINNING and
580586 the northeast corner Unrestricted Reserve "A";
581587 THENCE, S 02°46'33" E, along the west right-of-way line of
582588 Suffolk Drive, a distance of 200.00 feet to the southeast corner of
583589 the herein described tract, said point also being the northeast of
584590 the remainder of Lot 83, Highland Village Subdivision;
585591 THENCE, S 86°49'28" W, along the north line of the remainder
586592 of Lot 83, a distance of 110.00 feet to the southwest corner of the
587593 herein described tract, common with the northwest corner of the
588594 remainder of Lot 83 and being on the east line of the Union Pacific
589595 tract;
590596 THENCE, N 02°46'33" W, along the east line of the Union
591597 Pacific tract, a distance of 200.00 feet to the northwest corner of
592598 Unrestricted Reserve "A";
593599 THENCE, N 86°49'28" E, along the north line of Unrestricted
594600 Reserve "A", a distance of 110.00 feet to the POINT OF BEGINNING and
595601 containing 0.5050 acres (22,000 square feet) of land.
596602 SECTION 3. (a) The legal notice of the intention to
597603 introduce this Act, setting forth the general substance of this
598604 Act, has been published as provided by law, and the notice and a
599605 copy of this Act have been furnished to all persons, agencies,
600606 officials, or entities to which they are required to be furnished
601607 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
602608 Government Code.
603609 (b) The governor, one of the required recipients, has
604610 submitted the notice and Act to the Texas Commission on
605611 Environmental Quality.
606612 (c) The Texas Commission on Environmental Quality has filed
607613 its recommendations relating to this Act with the governor,
608614 lieutenant governor, and speaker of the house of representatives
609615 within the required time.
610616 (d) The general law relating to consent by political
611617 subdivisions to the creation of districts with conservation,
612618 reclamation, and road powers and the inclusion of land in those
613619 districts has been complied with.
614620 (e) All requirements of the constitution and laws of this
615621 state and the rules and procedures of the legislature with respect
616622 to the notice, introduction, and passage of this Act have been
617623 fulfilled and accomplished.
618624 SECTION 4. This Act takes effect immediately if it receives
619625 a vote of two-thirds of all the members elected to each house, as
620626 provided by Section 39, Article III, Texas Constitution. If this
621627 Act does not receive the vote necessary for immediate effect, this
622628 Act takes effect September 1, 2017.
623- ______________________________ ______________________________
624- President of the Senate Speaker of the House
625- I certify that H.B. No. 4333 was passed by the House on May
626- 19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
627- voting.
628- ______________________________
629- Chief Clerk of the House
630- I certify that H.B. No. 4333 was passed by the Senate on May
631- 24, 2017, by the following vote: Yeas 30, Nays 1.
632- ______________________________
633- Secretary of the Senate
634- APPROVED: _____________________
635- Date
636- _____________________
637- Governor
629+ * * * * *
638630
639631 Pos. No. Name of Director
640632
641633 1 Harry Masterson
642634
643635 2 Simmi Jaggi
644636
645637 3 Jay Houren
646638
647639 4 John Wade
648640
649641 5 Richard Fuqua