H.B. No. 4333
AN ACT
relating to the creation of the Harris County Improvement District
No. 24; providing authority to issue bonds; providing authority to
impose assessments, fees, and 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 3799 to read as follows:
CHAPTER 3799. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 24
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3799.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Houston.
(3) "County" means Harris County.
(4) "Director" means a board member.
(5) "District" means the Harris County Improvement
District No. 24.
Sec. 3799.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3799.003. 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 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. 3799.004. 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 water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian 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. 3799.005. 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 bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3799.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3799.007. 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. 3799.051. GOVERNING BODY; TERMS. (a) 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.
(b) The board by resolution may change the number of voting
directors on the board only if the board determines that the change
is in the best interest of the district. The board may not consist
of fewer than 5 or more than 15 voting directors.
Sec. 3799.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
and members of 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 and the
mayor vote to appoint that person.
Sec. 3799.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3799.054. 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. 3799.055. 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 Harry Masterson 1 Harry Masterson
1 Harry Masterson
2 Simmi Jaggi 2 Simmi Jaggi
2 Simmi Jaggi
3 Jay Houren 3 Jay Houren
3 Jay Houren
4 John Wade 4 John Wade
4 John Wade
5 Richard Fuqua 5 Richard Fuqua
5 Richard Fuqua
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2019, and
the terms of directors appointed for positions four and five expire
June 1, 2021.
(c) Section 3799.052 does not apply to the initial voting
directors.
(d) This section expires September 1, 2021.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3799.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3799.102. 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. 3799.103. 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. 3799.104. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the city or the county, to provide law enforcement
services in the district for a fee.
Sec. 3799.105. 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. 3799.106. 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 part 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. 3799.107. APPROVAL BY CITY. (a) Except as provided
by Subsection (c), the district must obtain the approval of the city
for:
(1) the issuance of bonds;
(2) the plans and specifications of an improvement
project financed by bonds; and
(3) 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 until the governing
body of the city adopts a resolution or ordinance authorizing the
issuance of the bonds.
(c) If the district obtains the approval of the city's
governing body of a capital improvements budget for a period not to
exceed 10 years, the district may finance the capital improvements
and issue bonds specified in the budget without further approval
from the city.
(d) 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. 3799.108. NO ANNEXATION POWER. The district may not
annex land without legislative approval.
Sec. 3799.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3799.151. 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. 3799.152. 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. 3799.153. 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. 3799.154. 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 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. 3799.155. 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. 3799.201. 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 3799.203.
(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. 3799.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3799.201, 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.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3799.203. 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. 3799.204. 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.
(c) 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.
Sec. 3799.205. 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. 3799.206. 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 Harris County Improvement District No. 24
initially includes all territory contained in the following area:
TRACT 1
FIELD NOTE DESCRIPTION OF 5.369 ACRES (233,869 SQUARE FEET)
OF LAND IN THE A.C. REYNOLDS SURVEY, ABSTRACT No. 61 AND BEING
UNRESTRICTED RESERVE "A", HIGHLAND VILLAGE SHOPPING CENTER,
SECTION ONE AS RECORDED IN FILM CODE 629155, HARRIS COUNTY MAP
RECORDS, ALL BEING LOCATED IN THE CITY OF HOUSTON, HARRIS COUNTY,
TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a PK Nail with Shiner found for the intersection
of the north right-of-way of Westheimer (80-feet wide) and the west
right-of-way of Drexel Drive (60-feet wide), said point also being
the southeast corner of Unrestricted Reserve "A";
THENCE, S 86°49'28" W, along the north right-of-way line of
Westheimer, common with the south line of Unrestricted Reserve "A",
a distance of 767.10 feet to a PK Nail with Shiner found for the
southwest corner of the herein described tract, said point being on
the east line of the Union Pacific Railroad Fee Strip;
THENCE, N 02°46'33" W, along the east line of the Union
Pacific Railroad Fee Strip, common with the west line of
Unrestricted Reserve "A", a distance of 300.00 feet to a 5/8-inch
iron rod with cap found for the northwest corner of the herein
described tract, said point also being the southwest corner of Oak
Estates Subdivision, Section Two as recorded in Volume 35, Page 43
Harris County Map Records;
THENCE, N 86°49'28" E, along the south line of Oak Estates
Subdivision, Section Two, common with the north line of
Unrestricted Reserve "A", a distance of 657.84 feet to a 5/8-inch
iron rod with cap found for an interior corner of the herein
described tract and being the southeast corner of Oak Estates
Subdivision, Section Two;
THENCE, N 02°11'30" W, along the west line of Oak Estates
Subdivision, Section Two, a distance of 5.14 feet to a 5/8-inch iron
rod with cap found for an interior corner of the herein described
tract, said point being the southwest corner of Block Six, Oak
Estates Subdivision, Section One;
THENCE, N 87°12'29" E, along the south line of Block Six,
common with the north line of Unrestricted Reserve "A", a distance
of 163.65 feet to a 5/8-inch iron rod with cap found for the
northeast corner of the herein described tract, said point being on
the west right-of-way line of Drexel Drive and being on a
non-tangent curve to the left;
THENCE, along the aforementioned curve to the left, being the
west right-of-way line of Drexel Drive, common with the east line of
Unrestricted Reserve "A", having a radius of 338.66 feet, a delta of
32°58'06", an arc length of 194.87 feet, a chord bearing of S
13°41'31" W, and a chord distance of 192.19 feet to a PK Nail with
Shiner found for a point of tangency;
THENCE, S 02°47'32" E, along the west right-of-way line of
Drexel Drive, common with the east line of Unrestricted Reserve
"A", a distance of 120.12 feet to the POINT OF BEGINNING and
containing 5.369 acres (233,869 square feet) of land.
TRACT 2
FIELD NOTE DESCRIPTION OF 4.0363 ACRES (175,820 SQUARE FEET)
OF LAND COMPRISED OF RESERVE "B" AND ALL OF THE UNRESTRICTED TRACT
EAST OF DREXEL DRIVE IN THE PLAT OF OAK ESTATES, SECTION ONE, AS
RECORDED IN VOLUME 31, PAGE 67, H.C.M.R., ALL LOCATED IN THE CITY OF
HOUSTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a PK Nail found for the intersection of the north
right-of-way line of Westheimer Road (80-feet wide) and the east
right-of-way line of Drexel Drive (60-feet wide) and being the
southwest corner of the herein described tract;
THENCE, N 02°47'32" W, along the east right-of-way line of
Drexel Drive, a distance of 119.72 feet to an "X" cut in concrete
for the point of a curve to the right;
THENCE, along the aforementioned curve to the right, being
the east right-of-way line of Drexel Drive, having a radius of
278.66 feet, a delta of 41°24'04", an arc length of 201.36 feet, a
chord bearing of N 17°54'30" E and a chord distance of 197.00 feet to
a 5/8-inch iron rod set with cap for the northwest corner of the
herein described tract, said point also being the southwest corner
of Block 8, Oak Estates, Section One;
THENCE N 87°12'33" E, along the south line of Block 8, a
distance of 527.04 feet to a 5/8-inch iron rod with cap set for the
southeast corner of Block 8, common with the northeast corner of the
herein described tract, said point also being on the west line of a
tract conveyed to Walgreens Co. Store No. 1582 and recorded in
Harris County Clerk's File No. J782393;
THENCE, S 02°21'32" E, along the west line of the Walgreens
Co. Store No. 1582 tract, a distance of 300.02 feet to a PK Nail
found for the southwest corner of the Walgreens Co. Store No. 1582
tract, common with the southeast corner of the herein described
tract and being on the north right-of-way line of Westheimer Road;
THENCE, S 86°49'28" W, along the north right-of-way line of
Westheimer Road, a distance of 594.42 feet to the POINT OF BEGINNING
and containing 4.0363 acres (175,820 square feet) of land.
TRACT 3
FIELD NOTE DESCRIPTION OF 3.5246 ACRES (153,531 SQUARE FEET)
BEING THE RESERVED TRACT LOCATED BETWEEN SUFFOLK DRIVE AND DREXEL
DRIVE, IN THE PLAT OF HIGHLAND VILLAGE SUBDIVISION, AS RECORDED IN
VOLUME 27, PAGE 42, H.C.M.R., ALL BEING LOCATED IN THE CITY OF
HOUSTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a PK Nail found for the intersection of the south
right-of-way line of Westheimer Road (80-feet wide) and the west
right-of-way line of Drexel Drive (60-feet wide) and being the
northeast corner of the herein described tract;
THENCE, along a curve to the left, being the west
right-of-way line of Drexel Drive, having a radius of 337.92 feet, a
delta of 24°46'37", an arc length of 146.13 feet, a chord bearing of
S 15°31'55" E and a chord distance of 144.99 feet to a point of
tangency;
THENCE, S 27°54'33" E, along the west right-of-way line of
Drexel Drive, a distance of 0.28 feet to a point for a curve to the
right;
THENCE, along the aforementioned curve to the right, being
the west right-of-way line of Drexel Drive, having a radius of
249.66 feet, a delta of 27°15'42", an arc length of 118.79 feet, a
chord bearing of S 14°16'42" E and a chord distance of 117.67 feet to
a point of tangency;
THENCE, S 00°40'36" E, along the west right-of-way line of
Drexel Drive, a distance of 2.40 feet to a 1/2-inch iron rod found
for the southeast corner of the herein described tract, said point
also being the northeast corner of Block 6, Highland Village
Subdivision;
THENCE, S 86°49'28" W, along the north line of Block 6, a
distance of 652.48 feet to a 1/2-inch iron rod with cap found for
the southwest corner of the herein described tract, common with the
northwest corner of Block 6 and being on a non-tangent curve to the
right;
THENCE, along the aforementioned curve to the right, being
the east right-of-way line of Suffolk Drive, having a radius of
240.45 feet, a delta of 24°59'21", an arc length of 104.87 feet, a
chord bearing of N 09°44'58" E and a chord distance of 104.04 feet to
a point of tangency;
THENCE, N 22°14'38" E, along the east right-of-way line of
Suffolk Drive, a distance of 34.45 feet to a point for a curve to the
left;
THENCE, along the aforementioned curve to the left, being the
east right-of-way line of Suffolk Drive, having a radius of 296.96
feet, a delta of 25°22'34", an arc length of 131.52 feet, a chord
bearing of N 09°33'21" E and a chord distance of 130.45 feet to a
1/2-inch iron rod with cap found for the northwest corner of the
herein described tract and being on the south right-of-way line of
Westheimer Road;
THENCE, N 86°49'28" E, along the south right-of-way line of
Westheimer Road, a distance of 532.00 feet to the POINT OF BEGINNING
and containing 3.5246 acres (153,531 square feet) of land.
TRACT 4
FIELD NOTE DESCRIPTION OF 0.8377 ACRES (36,492 SQUARE FEET)
BEING RESERVES A & B AND THE RESERVED TRACT EAST OF DREXEL, IN THE
PLAT OF HIGHLAND VILLAGE SUBDIVISION AS RECORDED IN VOLUME 27, PAGE
42, H.C.M.R., ALL BEING LOCATED IN THE CITY OF HOUSTON, TEXAS AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a PK Nail found for the intersection of the south
right-of-way line of Westheimer Road (80-feet wide) and the east
right-of-way line of Drexel Drive (60-feet wide) and being the
northwest corner of the herein described tract;
THENCE, N 86°49'28" E, along the south right-of-way line of
Westheimer Road, a distance of 175.00 feet to a 5/8-inch iron rod
found for the northeast corner of the herein described tract, said
point being the northwest corner of a called 1.7783 acre tract
conveyed to Weshy, Ltd. Under Harris County Clerk's File
No. S582699;
THENCE, S 00°40'36" E, along the west line of the called
1.7783 acre tract, a distance of 260.01 feet to a 5/8-inch iron rod
with cap set for the southeast corner of the herein described tract,
said point also being the northeast corner of Block 1, Highland
Village Subdivision;
THENCE, S 86°49'28" W, along the north line of Block 1, a
distance of 109.93 feet to a 1/2-inch iron rod found for the
southwest corner of the herein described tract, common with the
northwest corner of Block 1 and being on a non-tangent curve to the
left;
THENCE, along the aforementioned curve to the left, being the
east right-of-way line of Drexel Drive, having a radius of 309.66
feet, a delta of 27°12'57", an arc length of 147.09 feet, a chord
bearing of N 14°18'05" W and a chord distance of 145.71 feet to a
point of tangency;
THENCE, N 27°54'33" W, along the east right-of-way line of
Drexel Drive, a distance of 0.28 feet to a point for a curve to the
right;
THENCE, along the aforementioned curve to the right, being
the east right-of-way line of Drexel Drive, having a radius of
277.92 feet, a delta of 24°47'10", an arc length of 120.23 feet, a
chord bearing of N 15°30'58" W and a chord distance of 119.29 feet to
the POINT OF BEGINNING and containing 0.8377 acres (36,492 square
feet) of land.
TRACT 5
FIELD NOTE DESCRIPTION OF 0.8429 ACRES (36,717 SQUARE FEET)
BEING THE RESERVED TRACT LOCATED WEST OF SUFFOLK DRIVE, IN THE PLAT
OF HIGHLAND VILLAGE SUBDIVISION, AS RECORDED IN VOLUME 27, PAGE 42,
H.C.M.R., ALL BEING LOCATED IN THE CITY OF HOUSTON, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point for the Intersection of the south
right-of-way line of Westheimer Road (80-feet wide) and the west
right-of-way line of Suffolk Drive (60-feet wide) and being the
northeast corner of the herein described tract;
THENCE, along a curve to the right, being the west
right-of-way line of Suffolk Drive, having a radius of 236.96 feet,
a delta of 25°21'55", an arc length of 104.90 feet, a chord bearing
of S 09°33'41" W and a chord distance of 104.05 feet to a point of
tangency;
THENCE, S 22°14'38" W, along the west right-of-way line of
Suffolk Drive, a distance of 34.45 feet to a point for a curve to the
left;
THENCE, along the aforementioned curve to the left, being the
west right-of-way line of Suffolk Drive, having a radius of 300.45
feet, a delta of 25°01'11", an arc length of 131.20 feet, a chord
bearing of S 09°44'02" W and a chord distance of 130.16 feet to a
point of tangency;
THENCE, S 02°46'33" E, along the west right-of-way line of
Suffolk Drive, a distance of 0.29 feet to the southeast corner of
the herein described tract, said point also being the northeast of
Unrestricted Reserve "A", Highland Village Subdivision, Partial
Replat No. 1 as recorded in Film Code 630209 H.C.M.R.;
THENCE, S 86°49'28" W, along the north line of Unrestricted
Reserve "A", a distance of 110.00 feet to the southwest corner of
the herein described tract, common with the northwest corner of
Unrestricted Reserve "A" and being on the east line of the Union
Pacific tract;
THENCE, N 02°46'33" W, along the east line of the Union
Pacific tract, a distance of 259.77 feet to the northwest corner of
the herein described tract and being on the south right-of-way line
of Westheimer Road;
THENCE, N 86°49'28" E, along the south right-of-way line of
Westheimer Road, a distance of 175.00 feet to the POINT OF BEGINNING
and containing 0.8429 acres (36,717 square feet) of land.
TRACT 6
FIELD NOTE DESCRIPTION OF 0.5050 ACRES (22,000 SQUARE FEET)
BEING ALL OF UNRESTRICTED RESERVE A, HIGHLAND VILLAGE PARTIAL
REPLAT No. 1 AS RECORDED IN FILM CODE 630209 H.C.M.R., ALL BEING
LOCATED IN THE CITY OF HOUSTON, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a point for the intersection of the south
right-of-way line of Westheimer Road (80-feet wide) and the west
right-of-way line of Suffolk Drive (60-feet wide) and being the
northeast corner of the of the Highland Village Reserved Tract as
recorded in Volume 027, Page 042, Harris County Map Records and
being on a non-tangent curve to the right;
THENCE, along a curve to the right, being the west
right-of-way line of Suffolk Drive, having a radius of 236.96 feet,
a delta of 25°21'55", an arc length of 104.90 feet, a chord bearing
of S 09°33'41" W and a chord distance of 104.05 feet to a point of
tangency;
THENCE, S 22°14'38" W, along the west right-of-way line of
Suffolk Drive, a distance of 34.45 feet to a point for a curve to the
left;
THENCE, along the aforementioned curve to the left, being the
west right-of-way line of Suffolk Drive, having a radius of 300.45
feet, a delta of 25°01'11", an arc length of 131.20 feet, a chord
bearing of S 09°44'02" W and a chord distance of 130.16 feet to a
point of tangency;
THENCE, S 02°46'33" E, along the west right-of-way line of
Suffolk Drive, a distance of 0.29 feet to the POINT OF BEGINNING and
the northeast corner Unrestricted Reserve "A";
THENCE, S 02°46'33" E, along the west right-of-way line of
Suffolk Drive, a distance of 200.00 feet to the southeast corner of
the herein described tract, said point also being the northeast of
the remainder of Lot 83, Highland Village Subdivision;
THENCE, S 86°49'28" W, along the north line of the remainder
of Lot 83, a distance of 110.00 feet to the southwest corner of the
herein described tract, common with the northwest corner of the
remainder of Lot 83 and being on the east line of the Union Pacific
tract;
THENCE, N 02°46'33" W, along the east line of the Union
Pacific tract, a distance of 200.00 feet to the northwest corner of
Unrestricted Reserve "A";
THENCE, N 86°49'28" E, along the north line of Unrestricted
Reserve "A", a distance of 110.00 feet to the POINT OF BEGINNING and
containing 0.5050 acres (22,000 square feet) 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4333 was passed by the House on May
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4333 was passed by the Senate on May
24, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor
Pos. No. Name of Director
1 Harry Masterson
2 Simmi Jaggi
3 Jay Houren
4 John Wade
5 Richard Fuqua