3 | 5 | | |
---|
4 | 6 | | |
---|
5 | 7 | | A BILL TO BE ENTITLED |
---|
6 | 8 | | AN ACT |
---|
7 | 9 | | relating to the creation of Harris County Improvement District No. |
---|
8 | 10 | | 27; providing authority to issue bonds; providing authority to |
---|
9 | 11 | | impose assessments, fees, and taxes. |
---|
10 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
11 | 13 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
---|
12 | 14 | | Code, is amended by adding Chapter 3793 to read as follows: |
---|
13 | 15 | | CHAPTER 3793. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 27 |
---|
14 | 16 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
15 | 17 | | Sec. 3793.001. DEFINITIONS. In this chapter: |
---|
16 | 18 | | (1) "Board" means the district's board of directors. |
---|
17 | 19 | | (2) "City" means the City of Houston. |
---|
18 | 20 | | (3) "County" means Harris County. |
---|
19 | 21 | | (4) "Director" means a board member. |
---|
20 | 22 | | (5) "District" means the Harris County Improvement |
---|
21 | 23 | | District No. 27. |
---|
22 | 24 | | Sec. 3793.002. CREATION AND NATURE OF DISTRICT. The |
---|
23 | 25 | | district is a special district created under Section 59, Article |
---|
24 | 26 | | XVI, Texas Constitution. |
---|
25 | 27 | | Sec. 3793.003. PURPOSE; DECLARATION OF INTENT. (a) The |
---|
26 | 28 | | creation of the district is essential to accomplish the purposes of |
---|
27 | 29 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
---|
28 | 30 | | Texas Constitution, and other public purposes stated in this |
---|
29 | 31 | | chapter. By creating the district and in authorizing the city, the |
---|
30 | 32 | | county, and other political subdivisions to contract with the |
---|
31 | 33 | | district, the legislature has established a program to accomplish |
---|
32 | 34 | | the public purposes set out in Section 52-a, Article III, Texas |
---|
33 | 35 | | Constitution. |
---|
34 | 36 | | (b) The creation of the district is necessary to promote, |
---|
35 | 37 | | develop, encourage, and maintain employment, commerce, |
---|
36 | 38 | | transportation, housing, tourism, recreation, the arts, |
---|
37 | 39 | | entertainment, economic development, safety, and the public |
---|
38 | 40 | | welfare in the district. |
---|
39 | 41 | | (c) This chapter and the creation of the district may not be |
---|
40 | 42 | | interpreted to relieve the city or the county from providing the |
---|
41 | 43 | | level of services provided as of the effective date of the Act |
---|
42 | 44 | | enacting this chapter to the area in the district. The district is |
---|
43 | 45 | | created to supplement and not to supplant city or county services |
---|
44 | 46 | | provided in the district. |
---|
45 | 47 | | Sec. 3793.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
---|
46 | 48 | | The district is created to serve a public use and benefit. |
---|
47 | 49 | | (b) All land and other property included in the district |
---|
48 | 50 | | will benefit from the improvements and services to be provided by |
---|
49 | 51 | | the district under powers conferred by Sections 52 and 52-a, |
---|
50 | 52 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
---|
51 | 53 | | other powers granted under this chapter. |
---|
52 | 54 | | (c) The creation of the district is in the public interest |
---|
53 | 55 | | and is essential to further the public purposes of: |
---|
54 | 56 | | (1) developing and diversifying the economy of the |
---|
55 | 57 | | state; |
---|
56 | 58 | | (2) eliminating unemployment and underemployment; and |
---|
57 | 59 | | (3) developing or expanding transportation and |
---|
58 | 60 | | commerce. |
---|
59 | 61 | | (d) The district will: |
---|
60 | 62 | | (1) promote the health, safety, and general welfare of |
---|
61 | 63 | | residents, employers, potential employees, employees, visitors, |
---|
62 | 64 | | and consumers in the district, and of the public; |
---|
63 | 65 | | (2) provide needed funding for the district to |
---|
64 | 66 | | preserve, maintain, and enhance the economic health and vitality of |
---|
65 | 67 | | the district territory as a community and business center; |
---|
66 | 68 | | (3) promote the health, safety, welfare, and enjoyment |
---|
67 | 69 | | of the public by providing pedestrian ways and by landscaping and |
---|
68 | 70 | | developing certain areas in the district, which are necessary for |
---|
69 | 71 | | the restoration, preservation, and enhancement of scenic beauty; |
---|
70 | 72 | | and |
---|
71 | 73 | | (4) provide for water, wastewater, drainage, road, and |
---|
72 | 74 | | recreational facilities for the district. |
---|
73 | 75 | | (e) Pedestrian ways along or across a street, whether at |
---|
74 | 76 | | grade or above or below the surface, street lighting, street |
---|
75 | 77 | | landscaping, parking, and street art objects are parts of and |
---|
76 | 78 | | necessary components of a street and are considered to be a street |
---|
77 | 79 | | or road improvement. |
---|
78 | 80 | | (f) The district will not act as the agent or |
---|
79 | 81 | | instrumentality of any private interest even though the district |
---|
80 | 82 | | will benefit many private interests as well as the public. |
---|
81 | 83 | | Sec. 3793.005. INITIAL DISTRICT TERRITORY. (a) The |
---|
82 | 84 | | district is initially composed of the territory described by |
---|
83 | 85 | | Section 2 of the Act enacting this chapter. |
---|
84 | 86 | | (b) The boundaries and field notes contained in Section 2 of |
---|
85 | 87 | | the Act enacting this chapter form a closure. A mistake in the |
---|
86 | 88 | | field notes or in copying the field notes in the legislative process |
---|
87 | 89 | | does not affect the district's: |
---|
88 | 90 | | (1) organization, existence, or validity; |
---|
89 | 91 | | (2) right to issue any type of bonds for the purposes |
---|
90 | 92 | | for which the district is created or to pay the principal of and |
---|
91 | 93 | | interest on the bonds; |
---|
92 | 94 | | (3) right to impose or collect an assessment or tax; or |
---|
93 | 95 | | (4) legality or operation. |
---|
94 | 96 | | Sec. 3793.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
---|
95 | 97 | | All or any part of the area of the district is eligible to be |
---|
96 | 98 | | included in: |
---|
97 | 99 | | (1) a tax increment reinvestment zone created under |
---|
98 | 100 | | Chapter 311, Tax Code; |
---|
99 | 101 | | (2) a tax abatement reinvestment zone created under |
---|
100 | 102 | | Chapter 312, Tax Code; |
---|
101 | 103 | | (3) an enterprise zone created under Chapter 2303, |
---|
102 | 104 | | Government Code; |
---|
103 | 105 | | (4) an industrial district created under Chapter 42, |
---|
104 | 106 | | Local Government Code; or |
---|
105 | 107 | | (5) a public improvement district created under |
---|
106 | 108 | | Chapter 372, Local Government Code. |
---|
107 | 109 | | Sec. 3793.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
---|
108 | 110 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
---|
109 | 111 | | Chapter 375, Local Government Code, applies to the district. |
---|
110 | 112 | | Sec. 3793.008. CONSTRUCTION OF CHAPTER. This chapter shall |
---|
111 | 113 | | be liberally construed in conformity with the findings and purposes |
---|
112 | 114 | | stated in this chapter. |
---|
113 | 115 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
114 | 116 | | Sec. 3793.051. GOVERNING BODY; TERMS. (a) The district is |
---|
115 | 117 | | governed by a board of five voting directors who serve staggered |
---|
116 | 118 | | terms of four years, with two or three directors' terms expiring |
---|
117 | 119 | | June 1 of each odd-numbered year. |
---|
118 | 120 | | (b) The board by resolution may change the number of voting |
---|
119 | 121 | | directors on the board only if the board determines that the change |
---|
120 | 122 | | is in the best interest of the district. The board may not consist |
---|
121 | 123 | | of fewer than five or more than 15 voting directors. |
---|
122 | 124 | | (c) Section 49.052, Water Code, does not apply to the |
---|
123 | 125 | | directors. |
---|
124 | 126 | | Sec. 3793.052. APPOINTMENT OF VOTING DIRECTORS. The Texas |
---|
125 | 127 | | Commission on Environmental Quality shall appoint voting directors |
---|
126 | 128 | | from persons recommended by the board. |
---|
127 | 129 | | Sec. 3793.053. NONVOTING DIRECTORS. The board may appoint |
---|
128 | 130 | | nonvoting directors to serve at the pleasure of the voting |
---|
129 | 131 | | directors. |
---|
130 | 132 | | Sec. 3793.054. QUORUM. For purposes of determining the |
---|
131 | 133 | | requirements for a quorum of the board, the following are not |
---|
132 | 134 | | counted: |
---|
133 | 135 | | (1) a board position vacant for any reason, including |
---|
134 | 136 | | death, resignation, or disqualification; |
---|
135 | 137 | | (2) a director who is abstaining from participation in |
---|
136 | 138 | | a vote because of a conflict of interest; or |
---|
137 | 139 | | (3) a nonvoting director. |
---|
138 | 140 | | Sec. 3793.055. COMPENSATION. A director is entitled to |
---|
139 | 141 | | receive fees of office and reimbursement for actual expenses as |
---|
140 | 142 | | provided by Section 49.060, Water Code. Sections 375.069 and |
---|
141 | 143 | | 375.070, Local Government Code, do not apply to the board. |
---|
142 | 144 | | Sec. 3793.056. INITIAL VOTING DIRECTORS. (a) The initial |
---|
143 | 145 | | board consists of: |
---|
144 | 146 | | Pos. No. Name of Director: Pos. No. Name of Director: |
---|
145 | 147 | | Pos. No. Name of Director: |
---|
146 | 148 | | 1 Rob Burchfield 1 Rob Burchfield |
---|
147 | 149 | | 1 Rob Burchfield |
---|
148 | 150 | | 2 Jin Laxmidas 2 Jin Laxmidas |
---|
149 | 151 | | 2 Jin Laxmidas |
---|
150 | 152 | | 3 Sigita Burchfield 3 Sigita Burchfield |
---|
151 | 153 | | 3 Sigita Burchfield |
---|
152 | 154 | | 4 Nicole Eddy 4 Nicole Eddy |
---|
153 | 155 | | 4 Nicole Eddy |
---|
154 | 156 | | 5 Linda Warren 5 Linda Warren |
---|
155 | 157 | | 5 Linda Warren |
---|
156 | 158 | | (b) Of the initial directors, the terms of directors |
---|
157 | 159 | | appointed for positions one through three expire June 1, 2019, and |
---|
158 | 160 | | the terms of directors appointed for positions four and five expire |
---|
159 | 161 | | June 1, 2021. |
---|
160 | 162 | | (c) Section 3793.052 does not apply to this section. |
---|
161 | 163 | | (d) This section expires September 1, 2021. |
---|
162 | 164 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
163 | 165 | | Sec. 3793.101. GENERAL POWERS AND DUTIES. The district has |
---|
164 | 166 | | the powers and duties necessary to accomplish the purposes for |
---|
165 | 167 | | which the district is created. |
---|
166 | 168 | | Sec. 3793.102. IMPROVEMENT PROJECTS AND SERVICES. The |
---|
167 | 169 | | district may provide, design, construct, acquire, improve, |
---|
168 | 170 | | relocate, operate, maintain, or finance an improvement project or |
---|
169 | 171 | | service using any money available to the district, or contract with |
---|
170 | 172 | | a governmental or private entity to provide, design, construct, |
---|
171 | 173 | | acquire, improve, relocate, operate, maintain, or finance an |
---|
172 | 174 | | improvement project or service authorized under this chapter or |
---|
173 | 175 | | Chapter 375, Local Government Code. |
---|
174 | 176 | | Sec. 3793.103. DEVELOPMENT CORPORATION POWERS. The |
---|
175 | 177 | | district, using money available to the district, may exercise the |
---|
176 | 178 | | powers given to a development corporation under Chapter 505, Local |
---|
177 | 179 | | Government Code, including the power to own, operate, acquire, |
---|
178 | 180 | | construct, lease, improve, or maintain a project under that |
---|
179 | 181 | | chapter. |
---|
180 | 182 | | Sec. 3793.104. NONPROFIT CORPORATION. (a) The board by |
---|
181 | 183 | | resolution may authorize the creation of a nonprofit corporation to |
---|
182 | 184 | | assist and act for the district in implementing a project or |
---|
183 | 185 | | providing a service authorized by this chapter. |
---|
184 | 186 | | (b) The nonprofit corporation: |
---|
185 | 187 | | (1) has each power of and is considered to be a local |
---|
186 | 188 | | government corporation created under Subchapter D, Chapter 431, |
---|
187 | 189 | | Transportation Code; and |
---|
188 | 190 | | (2) may implement any project and provide any service |
---|
189 | 191 | | authorized by this chapter. |
---|
190 | 192 | | (c) The board shall appoint the board of directors of the |
---|
191 | 193 | | nonprofit corporation. The board of directors of the nonprofit |
---|
192 | 194 | | corporation shall serve in the same manner as the board of directors |
---|
193 | 195 | | of a local government corporation created under Subchapter D, |
---|
194 | 196 | | Chapter 431, Transportation Code, except that a board member is not |
---|
195 | 197 | | required to reside in the district. |
---|
196 | 198 | | Sec. 3793.105. PUBLIC FACILITY CORPORATIONS. As provided |
---|
197 | 199 | | by Chapter 303, Local Government Code, the board by resolution may |
---|
198 | 200 | | authorize the creation of a public facility corporation in the |
---|
199 | 201 | | district to finance or to provide for the acquisition, |
---|
200 | 202 | | construction, rehabilitation, renovation, repair, equipping, |
---|
201 | 203 | | furnishing, or placement in service of public facilities in an |
---|
202 | 204 | | orderly, planned manner and at the lowest possible borrowing costs. |
---|
203 | 205 | | Sec. 3793.106. AGREEMENTS; GRANTS. (a) As provided by |
---|
204 | 206 | | Chapter 375, Local Government Code, the district may make an |
---|
205 | 207 | | agreement with or accept a gift, grant, or loan from any person. |
---|
206 | 208 | | (b) The implementation of a project is a governmental |
---|
207 | 209 | | function or service for the purposes of Chapter 791, Government |
---|
208 | 210 | | Code. |
---|
209 | 211 | | Sec. 3793.107. LAW ENFORCEMENT SERVICES. To protect the |
---|
210 | 212 | | public interest, the district may contract with a qualified party, |
---|
211 | 213 | | including the county or the city, to provide law enforcement |
---|
212 | 214 | | services in the district for a fee. |
---|
213 | 215 | | Sec. 3793.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
---|
214 | 216 | | district may join and pay dues to a charitable or nonprofit |
---|
215 | 217 | | organization that performs a service or provides an activity |
---|
216 | 218 | | consistent with the furtherance of a district purpose. |
---|
217 | 219 | | Sec. 3793.109. ECONOMIC DEVELOPMENT. (a) The district may |
---|
218 | 220 | | engage in activities that accomplish the economic development |
---|
219 | 221 | | purposes of the district. |
---|
220 | 222 | | (b) The district may establish and provide for the |
---|
221 | 223 | | administration of one or more programs to promote state or local |
---|
222 | 224 | | economic development and to stimulate business and commercial |
---|
223 | 225 | | activity in the district, including programs to: |
---|
224 | 226 | | (1) make loans and grants of public money; and |
---|
225 | 227 | | (2) provide district personnel and services. |
---|
226 | 228 | | (c) The district may create economic development programs |
---|
227 | 229 | | and exercise the economic development powers provided to |
---|
228 | 230 | | municipalities by: |
---|
229 | 231 | | (1) Chapter 380, Local Government Code; and |
---|
230 | 232 | | (2) Subchapter A, Chapter 1509, Government Code. |
---|
231 | 233 | | Sec. 3793.110. PARKING FACILITIES. (a) The district may |
---|
232 | 234 | | acquire, lease as lessor or lessee, construct, develop, own, |
---|
233 | 235 | | operate, and maintain parking facilities or a system of parking |
---|
234 | 236 | | facilities, including lots, garages, parking terminals, or other |
---|
235 | 237 | | structures or accommodations for parking motor vehicles off the |
---|
236 | 238 | | streets and related appurtenances. |
---|
237 | 239 | | (b) The district's parking facilities serve the public |
---|
238 | 240 | | purposes of the district and are owned, used, and held for a public |
---|
239 | 241 | | purpose even if leased or operated by a private entity for a term of |
---|
240 | 242 | | years. |
---|
241 | 243 | | (c) The district's parking facilities are part of and |
---|
242 | 244 | | necessary components of a street and are considered to be a street |
---|
243 | 245 | | or road improvement. |
---|
244 | 246 | | (d) The development and operation of the district's parking |
---|
245 | 247 | | facilities may be considered an economic development program. |
---|
246 | 248 | | Sec. 3793.111. ANNEXATION OR EXCLUSION OF LAND. (a) The |
---|
247 | 249 | | district may annex land as provided by Subchapter J, Chapter 49, |
---|
248 | 250 | | Water Code. |
---|
249 | 251 | | (b) The district may exclude land as provided by Subchapter |
---|
250 | 252 | | J, Chapter 49, Water Code. Section 375.044(b), Local Government |
---|
251 | 253 | | Code, does not apply to the district. |
---|
252 | 254 | | Sec. 3793.112. PUBLIC IMPROVEMENT DISTRICT POWERS. The |
---|
253 | 255 | | district has the powers provided by Chapter 372, Local Government |
---|
254 | 256 | | Code, to a municipality or county. |
---|
255 | 257 | | Sec. 3793.113. ROAD UTILITY DISTRICT POWERS. The district |
---|
256 | 258 | | has the powers provided by the general laws relating to road utility |
---|
257 | 259 | | districts created under Section 52(b), Article III, Texas |
---|
258 | 260 | | Constitution, including Chapter 441, Transportation Code. |
---|
259 | 261 | | Sec. 3793.114. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM |
---|
260 | 262 | | ASSESSMENTS AND FEES. The district may not impose an assessment, |
---|
261 | 263 | | impact fee, or standby fee on the property, including the |
---|
262 | 264 | | equipment, rights-of-way, easements, facilities, or improvements, |
---|
263 | 265 | | of: |
---|
264 | 266 | | (1) an electric utility or a power generation company |
---|
265 | 267 | | as defined by Section 31.002, Utilities Code; |
---|
266 | 268 | | (2) a gas utility, as defined by Section 101.003 or |
---|
267 | 269 | | 121.001, Utilities Code, or a person who owns pipelines used for the |
---|
268 | 270 | | transportation or sale of oil or gas or a product or constituent of |
---|
269 | 271 | | oil or gas; |
---|
270 | 272 | | (3) a person who owns pipelines used for the |
---|
271 | 273 | | transportation or sale of carbon dioxide; |
---|
272 | 274 | | (4) a telecommunications provider as defined by |
---|
273 | 275 | | Section 51.002, Utilities Code; or |
---|
274 | 276 | | (5) a cable service provider or video service provider |
---|
275 | 277 | | as defined by Section 66.002, Utilities Code. |
---|
276 | 278 | | Sec. 3793.115. USE OF ELECTRICAL OR OPTICAL LINES. (a) The |
---|
277 | 279 | | district may impose an assessment to pay the cost of: |
---|
278 | 280 | | (1) burying or removing electrical power lines, |
---|
279 | 281 | | telephone lines, cable or fiber-optic lines, or any other type of |
---|
280 | 282 | | electrical or optical line; |
---|
281 | 283 | | (2) removing poles and any elevated lines using the |
---|
282 | 284 | | poles; and |
---|
283 | 285 | | (3) reconnecting the lines described by Subdivision |
---|
284 | 286 | | (2) to the buildings or other improvements to which the lines were |
---|
285 | 287 | | connected. |
---|
286 | 288 | | (b) The district may finance, acquire, construct, improve, |
---|
287 | 289 | | operate, maintain, or charge fees for the use of the district |
---|
288 | 290 | | conduits for another person's: |
---|
289 | 291 | | (1) telecommunications network; or |
---|
290 | 292 | | (2) fiber-optic cable. |
---|
291 | 293 | | (c) Consistent with Title 2, Utilities Code, the district |
---|
292 | 294 | | may finance, construct, or maintain conduits for: |
---|
293 | 295 | | (1) electronic transmission and distribution lines |
---|
294 | 296 | | and supporting facilities; or |
---|
295 | 297 | | (2) other types of transmission and distribution lines |
---|
296 | 298 | | and supporting facilities. |
---|
297 | 299 | | (d) The district may not require a person to use a district |
---|
298 | 300 | | conduit. |
---|
299 | 301 | | Sec. 3793.116. STRATEGIC PARTNERSHIP AGREEMENT. The |
---|
300 | 302 | | district may negotiate and enter into a written strategic |
---|
301 | 303 | | partnership agreement under Section 43.0751, Local Government |
---|
302 | 304 | | Code, with a municipality in whose extraterritorial jurisdiction |
---|
303 | 305 | | the district is located. |
---|
304 | 306 | | Sec. 3793.117. NO EMINENT DOMAIN POWER. The district may |
---|
305 | 307 | | not exercise the power of eminent domain. |
---|
306 | 308 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
---|
307 | 309 | | Sec. 3793.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
---|
308 | 310 | | board by resolution shall establish the number of directors' |
---|
309 | 311 | | signatures and the procedure required for a disbursement or |
---|
310 | 312 | | transfer of district money. |
---|
311 | 313 | | Sec. 3793.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
---|
312 | 314 | | The district may acquire, construct, finance, operate, or maintain |
---|
313 | 315 | | any improvement or service authorized under this chapter or Chapter |
---|
314 | 316 | | 375, Local Government Code, using any money available to the |
---|
315 | 317 | | district. |
---|
316 | 318 | | Sec. 3793.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
---|
317 | 319 | | IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
---|
318 | 320 | | service or improvement project with assessments under this chapter |
---|
319 | 321 | | unless a written petition requesting that service or improvement |
---|
320 | 322 | | has been filed with the board. |
---|
321 | 323 | | (b) A petition filed under Subsection (a) must be signed by |
---|
322 | 324 | | the owners of a majority of the assessed value of real property in |
---|
323 | 325 | | the district subject to assessment according to the most recent |
---|
324 | 326 | | certified tax appraisal roll for the county. |
---|
325 | 327 | | Sec. 3793.154. METHOD OF NOTICE FOR HEARING. The district |
---|
326 | 328 | | may mail the notice required by Section 375.115(c), Local |
---|
327 | 329 | | Government Code, by certified or first class United States mail. |
---|
328 | 330 | | The board shall determine the method of notice. |
---|
329 | 331 | | Sec. 3793.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
---|
330 | 332 | | The board by resolution may impose and collect an assessment for any |
---|
331 | 333 | | purpose authorized by this chapter in all or part of the district. |
---|
332 | 334 | | (b) An assessment, a reassessment, or an assessment |
---|
333 | 335 | | resulting from an addition to or correction of the assessment roll |
---|
334 | 336 | | by the district, penalties and interest on an assessment or |
---|
335 | 337 | | reassessment, an expense of collection, and reasonable attorney's |
---|
336 | 338 | | fees incurred by the district: |
---|
337 | 339 | | (1) are a first and prior lien against the property |
---|
338 | 340 | | assessed; |
---|
339 | 341 | | (2) are superior to any other lien or claim other than |
---|
340 | 342 | | a lien or claim for county, school district, or municipal ad valorem |
---|
341 | 343 | | taxes; and |
---|
342 | 344 | | (3) are the personal liability of and a charge against |
---|
343 | 345 | | the owners of the property even if the owners are not named in the |
---|
344 | 346 | | assessment proceedings. |
---|
345 | 347 | | (c) The lien is effective from the date of the board's |
---|
346 | 348 | | resolution imposing the assessment until the date the assessment is |
---|
347 | 349 | | paid. The board may enforce the lien in the same manner that the |
---|
348 | 350 | | board may enforce an ad valorem tax lien against real property. |
---|
349 | 351 | | (d) The board may make a correction to or deletion from the |
---|
350 | 352 | | assessment roll that does not increase the amount of assessment of |
---|
351 | 353 | | any parcel of land without providing notice and holding a hearing in |
---|
352 | 354 | | the manner required for additional assessments. |
---|
353 | 355 | | Sec. 3793.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
---|
354 | 356 | | 375.161, Local Government Code, does not apply to the district. |
---|
355 | 357 | | Sec. 3793.157. COMPETITIVE BIDDING. Subchapter I, Chapter |
---|
356 | 358 | | 49, Water Code, applies to the district. Sections 375.221 and |
---|
357 | 359 | | 375.223, Local Government Code, do not apply to the district. |
---|
358 | 360 | | Sec. 3793.158. TAX AND ASSESSMENT ABATEMENTS. The district |
---|
359 | 361 | | may designate reinvestment zones and may grant abatements of a tax |
---|
360 | 362 | | or assessment on property in the zones in the manner provided by |
---|
361 | 363 | | Chapter 312, Tax Code. |
---|
362 | 364 | | SUBCHAPTER E. TAXES AND BONDS |
---|
363 | 365 | | Sec. 3793.201. ELECTIONS REGARDING TAXES AND BONDS. (a) |
---|
364 | 366 | | The district may issue, without an election, bonds, notes, and |
---|
365 | 367 | | other obligations secured by: |
---|
366 | 368 | | (1) revenue other than ad valorem taxes; or |
---|
367 | 369 | | (2) contract payments described by Section 3793.203. |
---|
368 | 370 | | (b) The district must hold an election in the manner |
---|
369 | 371 | | provided by Subchapter L, Chapter 375, Local Government Code, to |
---|
370 | 372 | | obtain voter approval before the district may impose an ad valorem |
---|
371 | 373 | | tax or issue bonds payable from ad valorem taxes. |
---|
372 | 374 | | (c) Section 375.243, Local Government Code, does not apply |
---|
373 | 375 | | to the district. |
---|
374 | 376 | | (d) All or any part of any facilities or improvements that |
---|
375 | 377 | | may be acquired by a district by the issuance of its bonds may be |
---|
376 | 378 | | submitted as a single proposition or as several propositions to be |
---|
377 | 379 | | voted on at the election. |
---|
378 | 380 | | Sec. 3793.202. OPERATION AND MAINTENANCE TAX. (a) If |
---|
379 | 381 | | authorized by a majority of the district voters voting at an |
---|
380 | 382 | | election held in accordance with Section 3793.201, the district may |
---|
381 | 383 | | impose an operation and maintenance tax on taxable property in the |
---|
382 | 384 | | district in accordance with Section 49.107, Water Code, for any |
---|
383 | 385 | | district purpose, including to: |
---|
384 | 386 | | (1) maintain and operate the district; |
---|
385 | 387 | | (2) construct or acquire improvements; or |
---|
386 | 388 | | (3) provide a service. |
---|
387 | 389 | | (b) The board shall determine the tax rate. The rate may not |
---|
388 | 390 | | exceed the rate approved at the election. |
---|
389 | 391 | | (c) Section 49.107(h), Water Code, does not apply to the |
---|
390 | 392 | | district. |
---|
391 | 393 | | Sec. 3793.203. CONTRACT TAXES. (a) In accordance with |
---|
392 | 394 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
393 | 395 | | an operation and maintenance tax and use the revenue derived from |
---|
394 | 396 | | the tax to make payments under a contract after the provisions of |
---|
395 | 397 | | the contract have been approved by a majority of the district voters |
---|
396 | 398 | | voting at an election held for that purpose. |
---|
397 | 399 | | (b) A contract approved by the district voters may contain a |
---|
398 | 400 | | provision stating that the contract may be modified or amended by |
---|
399 | 401 | | the board without further voter approval. |
---|
400 | 402 | | Sec. 3793.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
---|
401 | 403 | | AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
---|
402 | 404 | | determined by the board. Section 375.205, Local Government Code, |
---|
403 | 405 | | does not apply to a loan, line of credit, or other borrowing from a |
---|
404 | 406 | | bank or financial institution secured by revenue other than ad |
---|
405 | 407 | | valorem taxes. |
---|
406 | 408 | | (b) The district may issue bonds, notes, or other |
---|
407 | 409 | | obligations payable wholly or partly from ad valorem taxes, |
---|
408 | 410 | | assessments, impact fees, revenue, contract payments, grants, or |
---|
409 | 411 | | other district money, or any combination of those sources of money, |
---|
410 | 412 | | to pay for any authorized district purpose. |
---|
411 | 413 | | (c) The limitation on the outstanding principal amount of |
---|
412 | 414 | | bonds, notes, and other obligations provided by Section 49.4645, |
---|
413 | 415 | | Water Code, does not apply to the district. |
---|
414 | 416 | | Sec. 3793.205. TAXES FOR BONDS. At the time the district |
---|
415 | 417 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
416 | 418 | | board shall provide for the annual imposition of a continuing |
---|
417 | 419 | | direct annual ad valorem tax, without limit as to rate or amount, |
---|
418 | 420 | | for each year that all or part of the bonds are outstanding as |
---|
419 | 421 | | required and in the manner provided by Sections 54.601 and 54.602, |
---|
420 | 422 | | Water Code. |
---|
421 | 423 | | SUBCHAPTER F. DEFINED AREAS |
---|
422 | 424 | | Sec. 3793.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
---|
423 | 425 | | DESIGNATED PROPERTY. The district may define areas or designate |
---|
424 | 426 | | certain property of the district to pay for improvements, |
---|
425 | 427 | | facilities, or services that primarily benefit that area or |
---|
426 | 428 | | property and do not generally and directly benefit the district as a |
---|
427 | 429 | | whole. |
---|
428 | 430 | | Sec. 3793.252. PROCEDURE FOR ELECTION. (a) Before the |
---|
429 | 431 | | district may impose an ad valorem tax or issue bonds payable from ad |
---|
430 | 432 | | valorem taxes of the defined area or designated property, the board |
---|
431 | 433 | | shall hold an election in the defined area or in the designated |
---|
432 | 434 | | property only. |
---|
433 | 435 | | (b) The board may submit the proposition to the voters on |
---|
434 | 436 | | the same ballot to be used in another election. |
---|
435 | 437 | | Sec. 3793.253. DECLARING RESULT AND ISSUING ORDER. (a) If |
---|
436 | 438 | | a majority of the voters voting at the election approve the |
---|
437 | 439 | | proposition or propositions, the board shall declare the results |
---|
438 | 440 | | and, by order, shall establish the defined area and describe it by |
---|
439 | 441 | | metes and bounds or designate the specific property. |
---|
440 | 442 | | (b) A court may not review the board's order except on the |
---|
441 | 443 | | ground of fraud, palpable error, or arbitrary and confiscatory |
---|
442 | 444 | | abuse of discretion. |
---|
443 | 445 | | Sec. 3793.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
---|
444 | 446 | | FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
---|
445 | 447 | | approval and adoption of the order described by Section 3793.253, |
---|
446 | 448 | | the district may apply separately, differently, equitably, and |
---|
447 | 449 | | specifically its taxing power and lien authority to the defined |
---|
448 | 450 | | area or designated property to provide money to construct, |
---|
449 | 451 | | administer, maintain, and operate services, improvements, and |
---|
450 | 452 | | facilities that primarily benefit the defined area or designated |
---|
451 | 453 | | property. |
---|
452 | 454 | | Sec. 3793.255. ISSUANCE OF BONDS FOR DEFINED AREA OR |
---|
453 | 455 | | DESIGNATED PROPERTY. After the order under Section 3793.253 is |
---|
454 | 456 | | adopted, the district may issue bonds to provide for any land, |
---|
455 | 457 | | improvements, facilities, plants, equipment, and appliances for |
---|
456 | 458 | | the defined area or designated property. |
---|
457 | 459 | | SUBCHAPTER G. SALES AND USE TAX |
---|
458 | 460 | | Sec. 3793.301. MEANINGS OF WORDS AND PHRASES. A word or |
---|
459 | 461 | | phrase used in this subchapter that is defined by Chapters 151 and |
---|
460 | 462 | | 321, Tax Code, has the meaning assigned by Chapters 151 and 321, Tax |
---|
461 | 463 | | Code. |
---|
462 | 464 | | Sec. 3793.302. APPLICABILITY OF CERTAIN TAX CODE |
---|
463 | 465 | | PROVISIONS. (a) Except as otherwise provided by this subchapter, |
---|
464 | 466 | | Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
---|
465 | 467 | | apply to taxes imposed under this subchapter and to the |
---|
466 | 468 | | administration and enforcement of those taxes in the same manner |
---|
467 | 469 | | that those laws apply to state taxes. |
---|
468 | 470 | | (b) Chapter 321, Tax Code, relating to municipal sales and |
---|
469 | 471 | | use taxes, applies to the application, collection, change, and |
---|
470 | 472 | | administration of a sales and use tax imposed under this subchapter |
---|
471 | 473 | | to the extent consistent with this chapter, as if references in |
---|
472 | 474 | | Chapter 321, Tax Code, to a municipality referred to the district |
---|
473 | 475 | | and references to a governing body referred to the board. |
---|
474 | 476 | | (c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
---|
475 | 477 | | 321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
---|
476 | 478 | | apply to a tax imposed under this subchapter. |
---|
477 | 479 | | Sec. 3793.303. AUTHORIZATION; ELECTION. (a) The district |
---|
478 | 480 | | may adopt a sales and use tax to serve the purposes of the district |
---|
479 | 481 | | after an election in which a majority of the voters of the district |
---|
480 | 482 | | voting in the election authorize the adoption of the tax. |
---|
481 | 483 | | (b) The board by order may call an election to authorize a |
---|
482 | 484 | | sales and use tax. The election may be held with any other district |
---|
483 | 485 | | election. |
---|
484 | 486 | | (c) The district shall provide notice of the election and |
---|
485 | 487 | | shall hold the election in the manner prescribed by Section |
---|
486 | 488 | | 3793.201. |
---|
487 | 489 | | (d) The ballots shall be printed to provide for voting for |
---|
488 | 490 | | or against the proposition: "Authorization of a sales and use tax |
---|
489 | 491 | | in the Harris County Improvement District No. 27 at a rate not to |
---|
490 | 492 | | exceed ___ percent." |
---|
491 | 493 | | Sec. 3793.304. ABOLISHING SALES AND USE TAX. (a) Except as |
---|
492 | 494 | | provided by Subsection (b), the board may abolish the sales and use |
---|
493 | 495 | | tax without an election. |
---|
494 | 496 | | (b) The board may not abolish the sales and use tax if the |
---|
495 | 497 | | district has outstanding debt secured by the tax. |
---|
496 | 498 | | Sec. 3793.305. SALES AND USE TAX RATE. (a) On adoption of |
---|
497 | 499 | | the tax authorized by this subchapter, a tax is imposed on the |
---|
498 | 500 | | receipts from the sale at retail of taxable items in the district |
---|
499 | 501 | | and an excise tax is imposed on the use, storage, or other |
---|
500 | 502 | | consumption in the district of taxable items purchased, leased, or |
---|
501 | 503 | | rented from a retailer in the district during the period that the |
---|
502 | 504 | | tax is in effect. |
---|
503 | 505 | | (b) The board shall determine the rate of the tax, which may |
---|
504 | 506 | | be in one-eighth of one percent increments not to exceed the maximum |
---|
505 | 507 | | rate authorized by the district voters at the election. The board |
---|
506 | 508 | | may lower the tax rate to the extent the rate does not impair any |
---|
507 | 509 | | outstanding debt or obligations payable from the tax. |
---|
508 | 510 | | (c) The rate of the excise tax is the same as the rate of the |
---|
509 | 511 | | sales tax portion of the tax and is applied to the sales price of the |
---|
510 | 512 | | taxable item. |
---|
511 | 513 | | SUBCHAPTER H. HOTEL OCCUPANCY TAXES |
---|
512 | 514 | | Sec. 3793.351. HOTEL OCCUPANCY TAX. (a) In this section, |
---|
513 | 515 | | "hotel" has the meaning assigned by Section 156.001, Tax Code. |
---|
514 | 516 | | (b) For purposes of this section, a reference in Chapter |
---|
515 | 517 | | 351, Tax Code, to a municipality is a reference to the district and |
---|
516 | 518 | | a reference in Chapter 351, Tax Code, to the municipality's |
---|
517 | 519 | | officers or governing body is a reference to the board. |
---|
518 | 520 | | (c) Except as inconsistent with this section, Subchapter A, |
---|
519 | 521 | | Chapter 351, Tax Code, governs a hotel occupancy tax authorized by |
---|
520 | 522 | | this section. |
---|
521 | 523 | | (d) The district may impose a hotel occupancy tax and use |
---|
522 | 524 | | the revenue from the tax for any district purpose that is an |
---|
523 | 525 | | authorized use of hotel occupancy tax revenue under Chapter 351, |
---|
524 | 526 | | Tax Code. |
---|
525 | 527 | | (e) The board by order may impose, repeal, increase, or |
---|
526 | 528 | | decrease the rate of a tax on a person who, under a lease, |
---|
527 | 529 | | concession, permit, right of access, license, contract, or |
---|
528 | 530 | | agreement, pays for the use or possession or for the right to the |
---|
529 | 531 | | use or possession of a room that: |
---|
530 | 532 | | (1) is in a hotel located in the district's boundaries; |
---|
531 | 533 | | (2) costs $2 or more each day; and |
---|
532 | 534 | | (3) is ordinarily used for sleeping. |
---|
533 | 535 | | (f) The amount of the tax may not exceed seven percent of the |
---|
534 | 536 | | price paid for a room in a hotel. |
---|
535 | 537 | | (g) The district may examine and receive information |
---|
536 | 538 | | related to the imposition of hotel occupancy taxes to the same |
---|
537 | 539 | | extent as if the district were a municipality. |
---|
538 | 540 | | SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION |
---|
539 | 541 | | Sec. 3793.401. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The |
---|
540 | 542 | | district is a "water or sewer district" under Section 43.071, Local |
---|
541 | 543 | | Government Code. |
---|
542 | 544 | | (b) Section 43.075, Local Government Code, applies to the |
---|
543 | 545 | | district. |
---|
544 | 546 | | (c) Section 375.264, Local Government Code, does not apply |
---|
545 | 547 | | to the dissolution of the district by a municipality. |
---|
546 | 548 | | SECTION 2. Harris County Improvement District No. 27 |
---|
547 | 549 | | initially includes all territory contained in the following area: |
---|
548 | 550 | | TRACT ONE: Fieldnotes for 28.8778 acres of land out of the Amos |
---|
549 | 551 | | Barber Survey, Abstract No. 125 in Harris County, Texas, being out |
---|
550 | 552 | | of and a part of that certain 28.2586 acre tract of land conveyed to |
---|
551 | 553 | | Craig Nelson, Trustee, as described in deed recorded under County |
---|
552 | 554 | | Clerk's File No. T275175 of the Real Property Records of Harris |
---|
553 | 555 | | County, and all of that certain 16.2039 acre tract of land conveyed |
---|
554 | 556 | | to Northwood North Venture, L.P ., and described as "Tract II" in |
---|
555 | 557 | | deed recorded under County Clerk's File No. T951125 of the said |
---|
556 | 558 | | Real Property Records, said 28.8778 acres of land being more |
---|
557 | 559 | | particularly described by metes and bounds as follows: |
---|
558 | 560 | | COMMENCING at a 1 1/4 inch steel pipe at the base of a 30 inch |
---|
559 | 561 | | Cypress tree found in the West line of the said Amos Barber Survey, |
---|
560 | 562 | | marking the Northeast corner of the Richard B. West Survey. |
---|
561 | 563 | | Abstract No. 860, and the Southeast corner of the H.T. & B.R.R. |
---|
562 | 564 | | Survey, Abstract No. 385, said point also being the Southeast |
---|
563 | 565 | | corner of the residue of that certain 69.3518 acre tract of land |
---|
564 | 566 | | conveyed to Westfield Properties, Inc., as described in deed |
---|
565 | 567 | | recorded under County Clerk's File No. M751039 of the said Real |
---|
566 | 568 | | Property Records, said point also being in the West line of that |
---|
567 | 569 | | certain 4.0000 acre tract of land conveyed to Ricardo F de |
---|
568 | 570 | | Ibarlucea, et al, as described in deed recorded under County |
---|
569 | 571 | | Clerk's File No. M383506 of the said Real Property Records; |
---|
570 | 572 | | Thence, North 33° 19' 42" West, 469.82 feet with the East line of the |
---|
571 | 573 | | said 69.3518 acre tract and the said H.T. & B.R.R. Survey, and with |
---|
572 | 574 | | the West line of the said 4.000 acre tract and the said Amos Barber |
---|
573 | 575 | | Survey, and generally along a barbed wire fence line to a 5/8 inch |
---|
574 | 576 | | steel rod found marking the Southwest corner and PLACE OF BEGINNING |
---|
575 | 577 | | for the herein described tract of land, said point being the most |
---|
576 | 578 | | Southerly or Southwest corner of the said 28.2586 acre tract, said |
---|
577 | 579 | | point also being the Northwest corner of the said 4.0000 acre tract; |
---|
578 | 580 | | Thence, continuing with the East line of the said 69.3518 acre tract |
---|
579 | 581 | | and the said H.T.& B.R.R. Survey. And with the common West line of |
---|
580 | 582 | | the said 28.2586 acre tract and the said Amos Barber Survey, and |
---|
581 | 583 | | generally along a barbed wire fence line. North 33° 19' 42" West, |
---|
582 | 584 | | 971.92 feet to a 5/8 inch steel rod with cap set for the most |
---|
583 | 585 | | Westerly or Northwest corner of the herein described tract, said |
---|
584 | 586 | | point being the most Southerly or Southwest corner of that certain |
---|
585 | 587 | | 14.3 acre tract of land conveyed to Aldine Independent School |
---|
586 | 588 | | District, as described in deed recorded under Clerk's File |
---|
587 | 589 | | No. 20060195978 of Real Records; |
---|
588 | 590 | | Thence, North 57° 58' 17" East, 771.54 Feet with the Southeast line |
---|
589 | 591 | | of the said 14.3 acre tract to a 3/8 inch steel rod found at an angle |
---|
590 | 592 | | point for the herein described tract, said point being the most |
---|
591 | 593 | | Easterly or Southeast corner of the said 14.3 acre tract and the |
---|
592 | 594 | | Northwest corner of the said 16.2039 acre tract, Northwood North |
---|
593 | 595 | | Venture, L.P., as described in deed recorded under County Clerk's |
---|
594 | 596 | | File No. 20060015817 of the said Real Property Records; |
---|
595 | 597 | | Thence, North 79° 11' 19" East, 599.93 feet with the South line of |
---|
596 | 598 | | the said 0.8253 acre tract and the North line of the said 16.2039 |
---|
597 | 599 | | acre tract to a 3/8 inch steel rod found in the West line of Rayford |
---|
598 | 600 | | Road, based on an 80 foot right-of-way-, marking the Northeast |
---|
599 | 601 | | corner of the said 16.2039 acre tract and the herein described |
---|
600 | 602 | | tract, said the Southeast corner of the said 0.8253 acre tract, said |
---|
601 | 603 | | point also being in a non-tangent curve to the right having a radius |
---|
602 | 604 | | of 20000.00 feet and a central angle of 00° 56' 33"; |
---|
603 | 605 | | Thence, in a Southerly direction, with the West line of said Rayford |
---|
604 | 606 | | Road and the East line of the said 16.2039 acre tract, and with the |
---|
605 | 607 | | said curve to the right having a radius of 2000.00 feet (chord |
---|
606 | 608 | | bearing South 11°18' 59" East, 32.90 feet an arc distance of 32.90 |
---|
607 | 609 | | feet to a 5/8 inch steel rod set at a point of tangency; |
---|
608 | 610 | | Thence, continuing with the West line of said Rayford Road and the |
---|
609 | 611 | | East line of the said 16.2039 acre tract, South 10° 50' 43" East, |
---|
610 | 612 | | 428.57 feet to a 5/8 inch steel rod set at a point of curve to the |
---|
611 | 613 | | right having a radius of I 120.00 feet and a central angle of 50°39' |
---|
612 | 614 | | 42"; |
---|
613 | 615 | | Thence, continuing with the West line of said Rayford Road and the |
---|
614 | 616 | | East line of the said 16.2039 acre tract, and with the said curve to |
---|
615 | 617 | | the right having a radius of 1120.00 feet (chord bearing South 14° |
---|
616 | 618 | | 29 '08" West, 958.37 feet), an arc distance of 990.32 feet to a 5/8 |
---|
617 | 619 | | inch steel rod set at a point of tangency; |
---|
618 | 620 | | Thence, continuing with the Northwesterly line of said Rayford Road |
---|
619 | 621 | | and the Southeasterly line of the said 16.2039 acre tract, South 39° |
---|
620 | 622 | | 48' 59" West, 125.77 feet to a 5/8 inch steel rod set at a point of |
---|
621 | 623 | | curve to the left having a radius of 1180.00 feet and a central |
---|
622 | 624 | | angle of 5°45' 53"; |
---|
623 | 625 | | Thence, continuing with the Northwesterly line of said Rayford Road |
---|
624 | 626 | | and the Southeasterly line of the said 16.2039 acre tract, and with |
---|
625 | 627 | | the said curve to the left having a radius of 1180.00 feet (chord |
---|
626 | 628 | | bearing South 36° 56' 02" West, 118.67 feet), an arc distance of |
---|
627 | 629 | | 118.72 feet to a 5/8 inch steel rod set for the most Southerly |
---|
628 | 630 | | corner of the said 16.2039 acre tract and the herein described |
---|
629 | 631 | | tract. said point also the Southeast corner of the aforesaid |
---|
630 | 632 | | Ricardo F. de Ibarlucea, 4.0000 acre tract; |
---|
631 | 633 | | Thence, North 11° 50' 34" West, 453.44 feet with the East line of the |
---|
632 | 634 | | said 4.0000 acre tract and the West line of the said 16.2039 acre |
---|
633 | 635 | | tract to a 5/8 inch steel rod found at an interior ell corner of the |
---|
634 | 636 | | herein described tract, said point also being the Northeast corner |
---|
635 | 637 | | of the said 4.0000 acre tract and the Southeast corner of the |
---|
636 | 638 | | aforesaid 28.2586 acre tract; |
---|
637 | 639 | | Thence, South 56°40' 34" West, 373.21 feet with the North line of the |
---|
638 | 640 | | said 4.0000 acre tract and the South line of the said 28.2586 acre |
---|
639 | 641 | | tract to the PLACE OF BEGINNING and containing 28.8778 acres or |
---|
640 | 642 | | 1.257.915 square feet of land, more or less. |
---|
641 | 643 | | TRACT TWO: Fieldnotes for 0.1782 acre of land out of the Amos Barber |
---|
642 | 644 | | Survey, Abstract No. 125 and the Richard B. West Survey, Abstract |
---|
643 | 645 | | No. 860 in Harris County, Texas, being out of and a part of that |
---|
644 | 646 | | certain 0.65 acre tract of land described in instrument recorded in |
---|
645 | 647 | | Volume 3118, Page 422 of the Deed Records of Harris County, and |
---|
646 | 648 | | being that same 0.1782 acre tract of land conveyed to Northwood |
---|
647 | 649 | | North Venture, L.P., and described as "Tract III" in deed recorded |
---|
648 | 650 | | under County Clerk's File No. T951125 of the Real Property Records |
---|
649 | 651 | | of Harris County, said 0.1782 acre of land being more particularly |
---|
650 | 652 | | described by metes and bounds as follows: |
---|
651 | 653 | | COMMENCING at a 5/8 inch steel rod found in the called North line of |
---|
652 | 654 | | the Amos Barber Survey marking the Northwest corner of Forest |
---|
653 | 655 | | Shadows Subdivision, Section I, the map or plat of same being |
---|
654 | 656 | | recorded in Volume 58, Page 54 of the Map Records of Harris County, |
---|
655 | 657 | | said point also being the Northeast corner of that certain 83.156 |
---|
656 | 658 | | acre tract of land described in instrument recorded in Volume 7263, |
---|
657 | 659 | | Page 325 of the said Deed Records, and that certain 20.000 acre |
---|
658 | 660 | | tract of land conveyed to the Aldine Independent School District |
---|
659 | 661 | | and described as "Tract 2" in deed recorded under County Clerk's |
---|
660 | 662 | | File No. D456846 of the said Real Property Records; |
---|
661 | 663 | | Thence, South 32°05'03" East with the West line of Forest Shadows |
---|
662 | 664 | | Subdivision, Sections 1, 2 and 3 and with the East line of the said |
---|
663 | 665 | | 83.156 acre tract and the said 20.000 acre tract, at 1501.54 feet |
---|
664 | 666 | | passing a 5/8 inch steel rod set at the Northeast corner of that |
---|
665 | 667 | | certain (called) 27.2585 acre tract of land conveyed to Northwood |
---|
666 | 668 | | North Venture. L.P., and described as 'Tract I" in deed recorded |
---|
667 | 669 | | under County Clerk's File No. T951125 of the said Real Property |
---|
668 | 670 | | Records, said point also being the Southeast corner of the said |
---|
669 | 671 | | 20.000 acre tract, and continuing with the West line of said Forest |
---|
670 | 672 | | Shadows Subdivision, Section 3, the map or plat of same being |
---|
671 | 673 | | recorded in Volume 153, Page 123 of the said Map Records, the West |
---|
672 | 674 | | line of Forest Shadows, Section 4, the map or plat of same being |
---|
673 | 675 | | recorded in Volume 174, Page 115 of the said Map Records, and the |
---|
674 | 676 | | East line of the said called 27.2585 acre tract in all, a total |
---|
675 | 677 | | distance of 2327.58 feet to a 5/8 inch steel rod set for the |
---|
676 | 678 | | Southeast corner of the said called 27 .2585 acre tract, said point |
---|
677 | 679 | | also being the Northeast corner of that certain 7.549 acre tract of |
---|
678 | 680 | | land conveyed to the Harris County Flood Control District, as |
---|
679 | 681 | | described in deed recorded under County Clerk's File No. J175685 of |
---|
680 | 682 | | the said Real Property Records; |
---|
681 | 683 | | Thence, South 57° 26' 45" West 603.75 with the South line of the said |
---|
682 | 684 | | called 27.2585 acre tract and with the North line of said 7.549 acre |
---|
683 | 685 | | tract to a 5/8 inch steel rod set at an angle point; |
---|
684 | 686 | | Thence, continuing with the South line of the said called 27.2585 |
---|
685 | 687 | | acre tract and the North of the said 7.549 acre tract, South 66° 43' |
---|
686 | 688 | | 00" West, 900.00 feet to a 5/8 inch steel rod set at a point of cure |
---|
687 | 689 | | to the left having a radius of 695.00 feet and a central angle of 37° |
---|
688 | 690 | | 32' 04"; |
---|
689 | 691 | | Thence continuing with Southerly line of said called 27.2585 acre |
---|
690 | 692 | | tract and the Northerly line of said 7.549 acre tract and with the |
---|
691 | 693 | | said curve to the left having a radius of 695.000 feet (chord |
---|
692 | 694 | | bearing South 47° 56' 58" West, 447.20 feet), an arc distance of |
---|
693 | 695 | | 455.29 feet to a 5/8 inch steel rod set for the Southwest corner of |
---|
694 | 696 | | the said called 27.2585 acre tract, and an point of the said 7.549 |
---|
695 | 697 | | acre tract; |
---|
696 | 698 | | Thence, South 12° 28' 19" East, 46.20 feet with a Westerly line of |
---|
697 | 699 | | the said 7.549 acre tract to an ell corner, said point also being |
---|
698 | 700 | | the most Northerly corner of the aforesaid 0.65 acre tract; |
---|
699 | 701 | | Thence, South 55° 47' 26" West. 54.87 feet with the Northwesterly |
---|
700 | 702 | | line of the said 0.65 acre tract and the Westerly line of the said |
---|
701 | 703 | | 7.549 acre tract to a 5/8 inch steel rod set for the most Northerly |
---|
702 | 704 | | corner and PLACE OF BEGINNING for the herein described tract of |
---|
703 | 705 | | land, said point also being an angle point in the Westerly line of |
---|
704 | 706 | | the said 7.549 acre tract, said point also being in a non-tangent |
---|
705 | 707 | | curve to the left having a radius of 695.00 feet and a central angle |
---|
706 | 708 | | of 10° 41 '35"; |
---|
707 | 709 | | Thence, in a Southwesterly direction with the Westerly line of the |
---|
708 | 710 | | said 7.549 acre tract and with the said curve to the left having a |
---|
709 | 711 | | radius of 695.00 feet (chord bearing South 17° 11' 02" West, 129.52 |
---|
710 | 712 | | feet), an arc distance of 129.71 feet to a 5/8 inch steel rod set at |
---|
711 | 713 | | a point of tangency; |
---|
712 | 714 | | Thence, continuing with the Westerly line of the said 7.549 acre |
---|
713 | 715 | | tract, South 11° 50' 14" West, 32.84 feet to a 5/8 inch steel rod set |
---|
714 | 716 | | in the North line of FM. Highway No. 1960, based on a 170 foot |
---|
715 | 717 | | right-of-way, for the Southeast corner of the herein described |
---|
716 | 718 | | tract, said point also being the Southwest corner of the said 7.549 |
---|
717 | 719 | | acre tract; |
---|
718 | 720 | | Thence, North 78° 09' 14" West, 63.90 feet with the North line of |
---|
719 | 721 | | said FM. Highway No. 1960 to a 5/8 inch steel rod set at its |
---|
720 | 722 | | intersection with the East line of Rayford Road, based on an 80 foot |
---|
721 | 723 | | right-of-way, for the Southwest corner of the herein described |
---|
722 | 724 | | tract, said point also being in a non-tangent curve to the right |
---|
723 | 725 | | having a radius of 1100.00 feet and a central angle of 04° 31' 15"; |
---|
724 | 726 | | Thence, in a Northeasterly direction with the East line of said |
---|
725 | 727 | | Rayford Road and the said curve to the right having a radius of |
---|
726 | 728 | | 1100.00 feet (chord bearing North 14° 11' 49" East, 86.77 feet), an |
---|
727 | 729 | | arc distance of 86.79 feet to a 5/8 inch steel rod set in the North |
---|
728 | 730 | | line of the aforesaid 0.65 acre tract for the Northwest corner of |
---|
729 | 731 | | the herein described tract; |
---|
730 | 732 | | Thence, North 55° 47' 26" East, 104.31 feet with the North line of |
---|
731 | 733 | | the said 0.65 acre tract to the PLACE OF BEGINNING and containing |
---|
732 | 734 | | 0.1782 acre or 7,764 square feet of land, more or less. |
---|
733 | 735 | | TRACT THREE: Fieldnotes for 27.2273 acres of land out the Amos |
---|
734 | 736 | | Barber Survey Abstract No. 125 in Harris County, Texas, being out |
---|
735 | 737 | | of and part of the certain 83.156 acre tract of land described in |
---|
736 | 738 | | instrument recorded in Volume 7263, Page 325 of the Deed Records of |
---|
737 | 739 | | Harris County, and being the same (called) 27.2585 acre tract of |
---|
738 | 740 | | land conveyed to Northwood North Venture, L.P., and described as |
---|
739 | 741 | | "Tract I" in deed recorded under County Clerk's No.. T951125 of the |
---|
740 | 742 | | Real Property Records of Harris County, said 27.2273 acres |
---|
741 | 743 | | described by metes and bounds as follows: |
---|
742 | 744 | | COMMENCING in a point in the called North line of the Amos Barber |
---|
743 | 745 | | Survey at the Northwest corner of Forest Shadows Subdivision, |
---|
744 | 746 | | Section I, the map or plat of same being recorded in Volume58, Page |
---|
745 | 747 | | 54 of the Map Records of Harris County, said point also the |
---|
746 | 748 | | Northeast corner of the said 83.156 acre tract and that certain |
---|
747 | 749 | | 20.000 acre tract of land conveyed to the Aldine Independent School |
---|
748 | 750 | | District and described as "Tract 2" in deed recorded under Clerk's |
---|
749 | 751 | | File No. D456846 of the said Real Property Records; |
---|
750 | 752 | | Thence, South 32° 05 03" East (called South 32° 08' 41" East in |
---|
751 | 753 | | vesting deed), 1501.54 feet with the West line of Forest Shadows |
---|
752 | 754 | | Subdivision, Sections 1, 2 and 3 and with the East line of the said |
---|
753 | 755 | | 83.156 acre tract and the said 20.000 acre tract to a 5/8 inch steel |
---|
754 | 756 | | rod set for the Northeast corner and PLACE OF BEGINNING for the |
---|
755 | 757 | | herein described tract of land, said point being the Southeast |
---|
756 | 758 | | corner of the said 20.000 acre tract, said point also being in the |
---|
757 | 759 | | West line of said Forest Shadows Subdivision, Section 3, the map or |
---|
758 | 760 | | plat of same recorded in Volume 153, Page 123 of the said Map |
---|
759 | 761 | | Records; |
---|
760 | 762 | | Thence continuing with the West line of the said Forest Shadows |
---|
761 | 763 | | Subdivision, Section 3, and the East line of the said 83.156 acre |
---|
762 | 764 | | tract, South 32° 05' 03" East, at 260 feet passing the Southwest |
---|
763 | 765 | | corner of said Section 3 and the Northwest corner of Forest Shadows, |
---|
764 | 766 | | Section 4, the map or plat of same being recorded in Volume 174, |
---|
765 | 767 | | Page 115 of the said Map Records, and continuing with the West line |
---|
766 | 768 | | of said Section 4 in all, a total distance of 826.04 feet to a 5/8 |
---|
767 | 769 | | inch steel rod set for the Southeast corner of the herein described |
---|
768 | 770 | | tract, said point also being the Northeast corner of that certain |
---|
769 | 771 | | 7.549 acre tract of land conveyed to the Harris Flood Control |
---|
770 | 772 | | District, as described in deed recorded under Clerk's File No. |
---|
771 | 773 | | J175685 of the said Real Records; |
---|
772 | 774 | | Thence, South 57° 26' 45" West, 603.75 feet with the North line of |
---|
773 | 775 | | the said 7,549 acre tract to a 5/8 inch steel rod set as an angle |
---|
774 | 776 | | point; |
---|
775 | 777 | | Thence, continuing with the North line of the said 7.549 acre tract, |
---|
776 | 778 | | South 66° 43' 00" West, 900.00 feet (called South 67° 21' 27" West in |
---|
777 | 779 | | 7.549 acre deed) to a 5/8 inch steel rod set at a point of curve to |
---|
778 | 780 | | the left having a radius of 695.00 feet and a central angle of 37° |
---|
779 | 781 | | 32' 04"; |
---|
780 | 782 | | Thence, continuing Northwesterly line of the said 7.549 acre tract |
---|
781 | 783 | | and with the said curve to the left having a radius of 695.00 feet |
---|
782 | 784 | | and central angle of 47° 56' 58" West, 447.20 feet), an arc distance |
---|
783 | 785 | | of 455.29 feet to a 5/8 inch steel rod set or the Southwest corner of |
---|
784 | 786 | | the herein described tract; |
---|
785 | 787 | | Thence, North 11° 50' 34" West, 103.53 feet to a 5/8 inch steel rod |
---|
786 | 788 | | set in the Southeasterly line of Rayford Road, based on an 80 foot |
---|
787 | 789 | | right-of-way, said point being in a non-tangent curve to the right |
---|
788 | 790 | | having a radius of 1100.00 feet and a central angle of 9° 57' 21"; |
---|
789 | 791 | | Thence, in a Northeasterly direction with the Southeasterly line of |
---|
790 | 792 | | said Rayford Road and with the said curve to the having a radius of |
---|
791 | 793 | | 1100.00 feet (chord bearing North 34° 50' 18" East, 190.90 feet), an |
---|
792 | 794 | | arc distance of 191.14 feet to a 5/8 inch steel rod set at a point of |
---|
793 | 795 | | tangency; |
---|
794 | 796 | | Thence, continuing with the Southeasterly line of said Rayford |
---|
795 | 797 | | Road, North 39°48' 59" East, 125.77 feet to a 5/8 inch steel rod set |
---|
796 | 798 | | at a point of curve to the left having a radius of 1200.00 feet and a |
---|
797 | 799 | | central angle of 50° 39'42"; |
---|
798 | 800 | | Thence, continuing with the Southeasterly line of said Rayford Road |
---|
799 | 801 | | and with the said curve to the left having a radius of 1200.00 feet |
---|
800 | 802 | | (chord bearing North 14° 29' 08" East, 1026.83 feet), an arc |
---|
801 | 803 | | distance of 1061.06 feet to a 5/8 inch steel rod set at a point of |
---|
802 | 804 | | tangency; |
---|
803 | 805 | | Thence, continuing with an Easterly line of said Rayford Road, |
---|
804 | 806 | | North 10°50'43" West, 174.19 to a 5/8 inch steel rod set for the |
---|
805 | 807 | | Northwest corner of the herein described tract, said point also |
---|
806 | 808 | | being the Southwest corner of the aforesaid Aldine Independence |
---|
807 | 809 | | School District 20.000 acre tract; |
---|
808 | 810 | | Thence, North 79°09'40" East. 851.68 feet with the South line of the |
---|
809 | 811 | | said 20.000 acre tract to the PLACE OF BEGINNING and containing |
---|
810 | 812 | | 27.2273 acres or 1,186,023 square feet of land, more or less. |
---|
811 | 813 | | SECTION 3. (a) The legal notice of the intention to |
---|
812 | 814 | | introduce this Act, setting forth the general substance of this |
---|
813 | 815 | | Act, has been published as provided by law, and the notice and a |
---|
814 | 816 | | copy of this Act have been furnished to all persons, agencies, |
---|
815 | 817 | | officials, or entities to which they are required to be furnished |
---|
816 | 818 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
817 | 819 | | Government Code. |
---|
818 | 820 | | (b) The governor, one of the required recipients, has |
---|
819 | 821 | | submitted the notice and Act to the Texas Commission on |
---|
820 | 822 | | Environmental Quality. |
---|
821 | 823 | | (c) The Texas Commission on Environmental Quality has filed |
---|
822 | 824 | | its recommendations relating to this Act with the governor, |
---|
823 | 825 | | lieutenant governor, and speaker of the house of representatives |
---|
824 | 826 | | within the required time. |
---|
825 | 827 | | (d) The general law relating to consent by political |
---|
826 | 828 | | subdivisions to the creation of districts with conservation, |
---|
827 | 829 | | reclamation, and road powers and the inclusion of land in those |
---|
828 | 830 | | districts has been complied with. |
---|
829 | 831 | | (e) All requirements of the constitution and laws of this |
---|
830 | 832 | | state and the rules and procedures of the legislature with respect |
---|
831 | 833 | | to the notice, introduction, and passage of this Act have been |
---|
832 | 834 | | fulfilled and accomplished. |
---|
833 | 835 | | SECTION 4. This Act takes effect immediately if it receives |
---|
834 | 836 | | a vote of two-thirds of all the members elected to each house, as |
---|
835 | 837 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
836 | 838 | | Act does not receive the vote necessary for immediate effect, this |
---|
837 | 839 | | Act takes effect September 1, 2017. |
---|
838 | 840 | | |
---|
839 | 841 | | Pos. No. Name of Director: |
---|
840 | 842 | | |
---|
841 | 843 | | 1 Rob Burchfield |
---|
842 | 844 | | |
---|
843 | 845 | | 2 Jin Laxmidas |
---|
844 | 846 | | |
---|
845 | 847 | | 3 Sigita Burchfield |
---|
846 | 848 | | |
---|
847 | 849 | | 4 Nicole Eddy |
---|
848 | 850 | | |
---|
849 | 851 | | 5 Linda Warren |
---|