H.B. No. 4637
AN ACT
relating to the creation of the City of Kemah Municipal Management
District No. 1; providing authority to issue bonds and 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 3976 to read as follows:
CHAPTER 3976. CITY OF KEMAH MUNICIPAL MANAGEMENT DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3976.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Kemah, Texas.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Director" means a board member.
(5) "District" means the City of Kemah Municipal
Management District No. 1.
Sec. 3976.0102. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution.
Sec. 3976.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the city and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city from providing the level of
services provided to the area in the district as of the effective
date of the Act enacting this chapter. The district is created to
supplement and not to supplant the city services provided in the
district.
Sec. 3976.0104. 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 district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment;
(3) develop or expand transportation and commerce; and
(4) provide quality residential housing.
(e) 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; and
(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.
(f) 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.
(g) 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. 3976.0105. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under other
law.
(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 contract;
(3) authority to borrow money or issue bonds or other
obligations described by Section 3976.0501 or to pay the principal
and interest of the bonds or other obligations;
(4) right to impose or collect an assessment, or
collect other revenue; or
(5) legality or operation.
Sec. 3976.0106. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3976.0107. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
Sec. 3976.0108. CONFLICTS OF LAW. This chapter prevails
over any provision of Chapter 375, Local Government Code, that is in
conflict or inconsistent with this chapter.
Sec. 3976.0109. CONSENT OF MUNICIPALITY REQUIRED. The
board may not hold an election to authorize the issuance of bonds
until the governing body of the city by ordinance or resolution
consents to the creation of the district and to the inclusion of
land in the district. The city's consent must be granted in the
manner provided by Section 54.016, Water Code, for including land
within the corporate limits or extraterritorial jurisdiction of a
city.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3976.0201. GOVERNING BODY; TERMS. The district is
governed by a board of five directors who serve staggered terms of
four years, with two or three directors' terms expiring June 1 of
each odd-numbered year. One director is appointed by the city, and
four directors are appointed by the commission as provided by
Sections 3976.0202 and 3976.0203, respectively.
Sec. 3976.0202. APPOINTMENT AND REMOVAL OF DIRECTOR
APPOINTED BY CITY. (a) The governing body of the city shall
appoint one director who must be:
(1) at least 18 years of age; and
(2) a resident of the city.
(b) At any time the governing body of the city may remove the
director appointed by the city and appoint a director to serve the
remainder of the removed director's term.
Sec. 3976.0203. APPOINTMENT BY COMMISSION. (a) Before the
term of a director other than a director appointed under Section
3976.0202 expires, the board shall recommend to the commission the
appropriate number of persons to serve as successor directors. The
commission shall appoint as directors the persons recommended by
the board.
(b) A person recommended by the board under Subsection (a)
must be:
(1) at least 18 years of age;
(2) an owner of property in the district;
(3) an owner of stock, whether beneficial or
otherwise, of a corporate owner of property in the district;
(4) an owner of a beneficial interest in a trust that
owns property in the district; or
(5) an agent, employee, or tenant of a person
described by Subdivision (2), (3), or (4).
Sec. 3976.0204. VACANCY. (a) Except as provided by
Subsection (b), if a vacancy occurs on the board, the remaining
directors shall appoint a director for the remainder of the
unexpired term.
(b) If a vacancy occurs in the office of the director
appointed by the city, the city shall appoint a director for the
remainder of the unexpired term.
Sec. 3976.0205. DIRECTOR'S OATH OR AFFIRMATION. (a) A
director shall file the director's oath or affirmation of office
with the district, and the district shall retain the oath or
affirmation in the district records.
(b) A director shall file a copy of the director's oath or
affirmation with the secretary of the city.
Sec. 3976.0206. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary. The offices
of chair and secretary may not be held by the same person.
Sec. 3976.0207. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $150 for
each board meeting. The total amount of compensation a director may
receive each year may not exceed $7,200.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3976.0208. INITIAL DIRECTORS. (a) On or after
September 1, 2019, the owner or owners of a majority of the assessed
value of the real property in the district according to the most
recent certified tax appraisal rolls for the county may submit a
petition to the commission requesting that the commission appoint
as initial directors the four persons named in the petition. The
commission shall appoint as initial directors the four persons
named in the petition.
(b) The governing body of the city shall appoint one initial
director.
(c) The initial directors shall determine by lot which three
positions expire June 1, 2021, and which two positions expire June
1, 2023.
(d) This section expires September 1, 2021.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3976.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3976.0302. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using money available to the district, or contract with a
governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3976.0303. LOCATION OF IMPROVEMENT PROJECT. A
district improvement project may be located inside or outside of
the district.
Sec. 3976.0304. OWNERSHIP OF IMPROVEMENT PROJECTS. (a)
Before a district improvement project may be put into operation,
the district must transfer ownership of the project:
(1) if the project is a water and sewer improvement
project, to the Galveston County Water Control and Improvement
District No. 12; or
(2) if the project is not described by Subdivision
(1), to the city.
(b) The transfer of ownership is complete on the applicable
entity's acceptance of ownership.
Sec. 3976.0305. RETAIL WATER AND SEWER SERVICES PROHIBITED.
The district may not provide retail water or sewer services.
Sec. 3976.0306. ADDING OR REMOVING TERRITORY. (a) Subject
to Subsection (b), the board may add or remove territory as provided
by Subchapter J, Chapter 49, Water Code.
(b) The district may add territory as described by
Subsection (a) only if the governing body of the city by ordinance
or resolution consents to the addition.
Sec. 3976.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3976.0401. 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 the district's money.
Sec. 3976.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, or finance an improvement
project or service authorized by this chapter or Chapter 375, Local
Government Code, using any money available to the district.
Sec. 3976.0403. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 3976.0404. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district are:
(1) a first and prior lien against the property
assessed;
(2) superior to any other lien or claim other than a
lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) 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.
(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.
(e) The district may not impose an assessment on a
municipality, county, or other political subdivision.
Sec. 3976.0405. NOTICE OF ASSESSMENTS. Annually, the board
shall file with the secretary of the city written notice that
specifies the assessments the district will impose in the
district's next fiscal year in sufficient clarity to describe the
assessments for the operation and maintenance of the district and
the assessments for the payment of debt service of obligations
issued or incurred by the district.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3976.0501. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue, by public or private sale, bonds, notes, or
other obligations payable wholly or partly from ad valorem taxes or
assessments in the manner provided by Subchapter A, Chapter 372, or
Subchapter J, Chapter 375, Local Government Code. Sections
375.207(a) and (b), Local Government Code, do not apply to the
district.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(c) In addition to the sources of money described by
Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
Government Code, district bonds may be secured and made payable
wholly or partly by a pledge of any part of the money the district
receives from improvement revenue or from any other source.
(d) Not later than the 30th day before the date the district
holds a bond sale, the district shall provide the governing body of
the city written notice of the sale.
Sec. 3976.0502. TAXES FOR WATER, WASTEWATER, AND DRAINAGE
PURPOSES. Taxes the district imposes for water, wastewater, and
drainage facility construction, if any, are for the particular
benefit of the area inside the district, do not generally or
directly benefit the area inside the Galveston County Water Control
and Improvement District No. 12 as a whole, and do not duplicate a
tax imposed by the Galveston County Water Control and Improvement
District No. 12.
SUBCHAPTER F. DISSOLUTION
Sec. 3976.0601. DISSOLUTION BY CITY ORDINANCE. (a) The
governing body of the city may dissolve the district by ordinance.
(b) The governing body of the city may not dissolve the
district until water, sanitary, sewer, and drainage improvements
and roads have been constructed to serve at least 90 percent of the
developable territory of the district.
(c) Until the district is dissolved, the district is
responsible for all bonds and other obligations of the district.
Sec. 3976.0602. COLLECTION OF ASSESSMENTS AND OTHER
REVENUE. (a) If the dissolved district has bonds or other
obligations outstanding secured by and payable from assessments or
other revenue, other than revenue from ad valorem taxes, the city
shall succeed to the rights and obligations of the district
regarding enforcement and collection of the assessments or other
revenue.
(b) The city shall have and exercise all district powers to
enforce and collect the assessments or other revenue to pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the city to refund the outstanding bonds or
obligations.
Sec. 3976.0603. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the city dissolves the district, the city assumes, subject to
the appropriation and availability of funds, the obligations of the
district, including any bonds or other debt payable from
assessments or other district revenue.
(b) If the city dissolves the district, the board shall
transfer ownership of all district property to the city.
SUBCHAPTER G. SPECIAL BOND PROVISIONS
Sec. 3976.0701. APPLICABILITY. This subchapter applies
only to bonds payable wholly or partly from revenue derived from
assessments on real property in the district.
Sec. 3976.0702. CONFLICT OF LAWS. In the event of a
conflict between this subchapter and any other law, this subchapter
prevails.
Sec. 3976.0703. WRITTEN AGREEMENT REGARDING SPECIAL
APPRAISALS. Before the district may issue bonds, the district and
any person to whom the board intends that proceeds of the bonds be
distributed, including the developer, another owner of land in the
district, and any entity acting as a lender to the developer or
other landowner for the purpose of a project relating to the
district, must enter into a written agreement that:
(1) waives for the term of the agreement the right to a
special appraisal with respect to taxation by the district under
Subchapters B, C, D, E, F, and H, Chapter 23, Tax Code; and
(2) remains in effect for 30 years and is binding on
the parties, on entities related to or affiliated with the parties,
and on their successors and assignees.
Sec. 3976.0704. REQUIREMENTS FOR ADVERTISING BOND ISSUE.
The district may not advertise for an issuance of bonds until the
completion of at least 25 percent of the projected value of the
improvements, including houses and other buildings, that are liable
for district assessments and necessary to support the district
bonds.
Sec. 3976.0705. REQUIREMENTS FOR BOND ISSUE. The district
may not issue bonds until:
(1) the district submits to the commission:
(A) an engineer's report describing the project
for which the bonds will provide funding, including data, profiles,
maps, plans, and specifications related to the project; and
(B) a cash flow analysis to determine the
projected rate of assessment, which includes the following
assumptions:
(i) each ending balance for debt service in
the analysis is not less than 25 percent of the following year's
debt service requirement;
(ii) interest income is only shown on the
ending balance for debt service for the first two years; and
(iii) the projected rate of assessment is
level or decreasing for the life of the bonds issued by the
district;
(2) the completion of at least 75 percent of the
projected value of the improvements, including houses and other
buildings, that are liable for district assessments and necessary
to support the district bonds; and
(3) the district has obtained an independent market
study from a firm recognized in the area of real estate market
analysis supporting the development projects for the real property
that is liable for district assessments and necessary to support
the district bonds.
Sec. 3976.0706. REQUIREMENTS FOR COLLECTION OF REVENUE TO
PAY BONDS. The district may not collect an assessment to be used
for the payment of bonds until:
(1) the completion of at least 95 percent of the
underground water, wastewater, and drainage facilities financed
from bond proceeds that are necessary to serve the projected
build-out, as certified by the district's engineer;
(2) the district or other appropriate party has
secured the groundwater, surface water, and water discharge permits
that are necessary to secure capacity to support the projected
build-out;
(3) the completion of at least 95 percent of lift
station, water plant, and sewage treatment plant capacity
sufficient to serve the connections constructed in the project for
a period of not less than 18 months, as certified by the district's
engineer; and
(4) the completion of at least 95 percent of the
streets and roads that are necessary to provide access to the areas
served by utilities and financed by the proceeds of bonds issued by
the district, as certified by the district's engineer and
constructed in accordance with municipal or county standards.
SECTION 2. The City of Kemah Municipal Management District
No. 1 initially includes all the territory contained in the
following area:
Metes and Bounds Description
61.7448 Acres
(2,689,603 Square Feet)
All that certain 61.7448 acre (2,689,603 square foot) tract
of land situated in the Miguel Muldoon 2 League Grant, Abstract
Number 18, Galveston County, Texas, and being out of a part of that
certain call 93 acre tract described in a deed to Solomen J. Gordy
in Volume 485, Page 475, of the Galveston County Deed Records
(G.C.D.R.), said 61,7448 acre tract being more particularly
described by metes and bounds as follows: (All bearings are based
on the Texas State Plane Coordinate System, South Central Zone
Commending at a 5/8 inch iron rod with plastic cap stamped
"BENCHMARK ENGR." Set in the recognized southerly line of the said
Muldoon 2, League Grant and said 93 acre tract for the southwest
corner of that certain call 10l.709 acre tract described in a deed
to Houston Lighting and Power (H.L.&P.) Company in Volume 1563,
Page 669, of the GC.D.R., same being in the northerly line of a call
639.740 acre tract described in a deed to Weems, Kelsey Management
Company No. 2 LTD. in Volume 2252, Page 880, of the G.C.D.R., for
the southeast corner of the herein described tract;
Thence, with the northerly line of said 639.740 acre tract
and the southerly line of said 93 acre tract and the herein
described tract, South 47 Degrees 33 Minutes 12 Seconds West, a
distance of 1175.93 feet to a 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set for the most southerly southeast
corner and Point of Beginning of the herein described tract;
Thence, continuing along the northerly line of said 639.740
acre tract and southerly line of said 93 acre tract an the herein
described tract, South 47 Degrees 33 Minutes 12 Seconds West, at
522.87 feet pass a 5/8 inch iron rod with a Texas Department of
Transportation (TXDOT) aluminum disk found for the intersection of
the southerly line of said 93 acre tract with the northerly
right-of-way (R.O.W.) line and point of curvature of State Highway
Number 96 (SH96), and continue, in all, a distance of 1145.99 feet
to a 5/8 inch iron rod with plastic cap stamp "BENCHMARK ENGR." set
in the northerly R.O.W. line of said SH96 for the southwest corner
of said 93 acre tract and the herein described tract;
Thence, departing at the northerly R.O.W. line of said SH96,
and with the westerly line of said 93 acre tract and the herein
described tract, North 42 Degrees 25 Minutes 43 Seconds West, a
distance for 1501.14 feet to a 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set for the southwest corner of a call
57,1644 acre tract described in a deed to Galveston County, Texas in
Galveston County Clerk's File (G.C.C.F.) Number 9041097 and the
northwest corner of said 93 acre tract and the herein described
tract;
Thence, with the southerly line of said 57.1644 acre tract
and the northerly line of said 93 acre tract and the herein
described tract, North 47 Degrees 34 Minutes 46 Seconds East, at
1792.35 feet pass a 1/2 inch iron rod found for the southeast corner
of said 57.1644 acre tract and the southwest corner of a call 43.41
acre tract described in a partition deed to E.T. Roberts by Susan L.
Roberts, et al, in Vol. 269, Page 581, of the G.CD.R., and continue,
in all, a distance of 2677.36 feet to a 5/8 inch iron rod with
plastic stamped "BENCHMARK ENGR." Set for the northwest corner of
said 10.709 acre tract, same being the southwest corner of a call
9.742 acre tract described in a deed to H.L.&P. Company in Volume
1587, Page 258, of the G.C.D.R., and the northeast corner of the
herein described tract;
Thence, through and across said 93 acre tract the following
(5) courses:
(1) South 29 Degrees 05 Minutes 53 Seconds East, a
distance of 753.67 feet to a 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set in the westerly line of said 10.709
acre tract for the most easterly southeast corner;
(2) South 60 Degrees 54 Minutes 07 Second West, a
distance of 800.09 feet to a 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set for an interior corner;
(3) South 29 Degrees 05 Minutes 53 Seconds East, a
distance of 129.82 feet a 5/8 inch iron rod with plastic cap stamped
"BENCHMARK ENGR." set for an interior corner;
(4) South 52 Degrees 02 Minutes 24 Seconds West, a
distance of 483.16 feet to a 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set for an interior corner;
(5) South 37 Degrees 57 Minutes 36 Seconds East, a
distance of 865.47 feet to the Point of Beginning and containing
61.7448 acres of land.
Metes and Bounds Description
0.0818 Acres
(3562Square Feet)
All that certain 0.0818 acre (3562 square foot) tract of land
situated in the Rafael Basque Survey, Abstract Number 32, Galveston
County, Texas, and being out of a part of that certain call 639.740
acre tract described in a deed to Weems & Kelsey Management Company
No. 2, LTD. in Volume 2253, Page 880 of the Galveston County Deed
Records (G.C.D.R.), said 0.0818 acre tract being more particularly
described by metes and bounds as follows: (All bearings are based
on the Texas State Plane Coordinate System, South Central Zone)
Commencing at a 5/8 inch iron rod with ah "Texas Department of
Transportation (TXDOT) aluminum disk found at the intersection of
the northerly right-of-way (R.O.W.) line of State Highway 96
(SH96), as described in Galveston County Clerk's File (G.C.C.F.)
Number 2003036995, with the westerly R.O.W. line of a 100 feet wide
Southern Pacific Railroad R.O.W. line, and also being in the
easterly line of said 639.74 acre tract and the easterly line of a
300 foot wide Houston Lighting and Power (H.L.&P.) Company easement
recorded in Volume 1579, Page 594, of the G.C.D.R.;
Thence, with the northerly R.O.W. line of said SH96, South 60
Degrees 51 Minutes 34 Seconds West, at 300.00 feet pass a 5/8 inch
iron rod with plastic cap stamped "BENECHMARK ENGR." set at the
intersection of the westerly R.O.W. line of said 300 foot H.L.&P.
easement with the northerly R.O.W. line of said SH96, and continue,
in all, a distance of 419.45 to a 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set for the beginning of a curve to the
left, and from which a 5/8 inch iron rod with a TXDOT aluminum disk
found bears South 81 Degrees 54 Minutes 10 Seconds West, a distance
of 0.44 feet;
Thence, 1025.66 feet along the arc of said curve to the left
having a radius of 6663.37 feet, a central angle of 08 Degrees 49
Minutes 09 Seconds, and a chord that bears South 56 Degrees 26
Minutes 59 Seconds West, a distance of 1024.65 to a 5/8 inch iron
rod with plastic cap stamped "BENECHMARK ENGR." set for the
southwest corner and Point of Beginning for the herein described
tract;
Thence, 521.80 feet continuing along the arc of said curve to
the left having a radius of 6663.37 feet, a central angle of 04
Degrees 29 Minutes 12 Seconds, and a chord that bears South 49
Degrees 47 Minutes 48 Seconds West, a distance of 521,66 feet to a
5/8 inch iron rod with a TXDOT aluminum disk found in the northerly
line of said 639.740 acre tract, the southerly line of a call 93 are
tract described in a deed to Solomon J. Gardy in Volume 485, Page
75, of the G.C.D.R., and the recognized common line of the said
Basquez Survey and the Michael Muldon 2 League Grant, Abstract
Number 18, for the end of said curve and the west corner of the
herein described tract.
Thence, with a said common survey line, the northerly line of
said 639.740 acre tract and the southerly line of said 93 acre
tract, North 47 Degrees 33 Minutes 12 Seconds East, a distance of
522.87 feet to a 5/8 inch iron rod with plastic cap stamped
"BENECHMARK ENGR." set for the northeast corner of the herein
described tract;
Thence, through and across said 639.740 acre tract, South 37
Degrees 57 Minutes 36 Seconds East, a distance of 20.48 feet to the
Point of Beginning.
Metes and Bounds Description
27.0000 Acres
(1,176,121 Square Feet)
All that certain 27.0000 acre (1,176,121 square foot) tract
of land situated in the Miguel Muldoon 2 League Grant, Abstract
Number 18, and the Rafael Basquez Survey, Abstract Number 32, both
in Galveston County, Texas, and being out of a part of that certain
call 93 acre tract described in a deed to Solomon J. Gordy in Volume
485, Page 475, of the Galveston County Deed Records (G.C.D.R.), and
further cited in a Special Warranty Deed dated March 5, 2001 and
recorded in Galveston County Clerk's File (G.C.C.F.) Number
2001010526, said 27.0000 acre tract being more particularly
described by metes and bounds as follows: (All bearings are based
on the Texas State Plane Coordinate System, South Central Zone)
Commencing at a 5/8 inch iron rod with a Texas Department of
Transportation (TXDOT) aluminum disk found at the intersection of
the north right-of-way (R.O.W.) line of State Highway 96 with the
west R.O.W. line of a 100 foot wide Southern Pacific Railroad R.O.W.
line, and also being in the east line of that certain call 639.74
acre tract described in a deed to Weems & Kelsey Management Company
No. 2, LTD. in Volume 2253, Page 880 of the G.C.D.R., and the east
line of a 388 foot wide Houston Lighting and Power (H.L.&P.) Company
easement recorded in Volume 1579, Page 594, of the G.C.D.R.;
Thence, with the north R.O.W. line of said State Highway 96,
South 60 Degrees 51 Minutes 34 Seconds West, a distance of 300.00
feet to a 5/8 inch iron rod with plastic cap stamped "BENCHMARK
ENGR." set in the west R.O.W. line of said 300 foot H.L.&P. easement
for the southeast corner and Point of Beginning of the herein
described tract;
Thence, continuing with the north R.O.W. line of said State
Highway 96 and the south line of the herein described tract, South
60 Degrees 51 Minutes 34 Seconds West, a distance of 119.45 feet to
a 5/8 inch iron rod with plastic cap stamped "BENCHMARK ENGR." set
for the beginning of a curve to the left and from which a 5/8 inch
rod with a TXDOT aluminum disk found bears South 81 Degrees 54
Minutes 10 Seconds West, a distance of 0.44 feet;
Thence, 1025.66 feet along the arc of said curve to the left
having a radius of 6663.37 feet, a central angle of 08 Degrees 49
Minutes 09 Seconds, and a chord that bears South 56 Degrees 26
Minutes 59 Seconds West, a distance of 1024.65 feet to a 5/8 inch
iron rod with plastic cap stamped "BENCHMARK ENGR." set for the
southwest corner of the herein described tract;
Thence, departing the north R.O.W. line of said State Highway
96, and through and acres said 93 acre tract, the following four (4)
courses:
1) North 37 Degrees 57 Minutes 36 Seconds West, a
distance of 885.96 feet to a 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set for the northwest corner;
2) North 52 Degrees 02 Minutes 24 Seconds East, a
distance of 483.16 feet to a 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set for an interior corner;
3) North 29 Degrees 05 Minutes 53 Seconds West, a
distance of 129.82 feet to 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set for an interior corner;
4) North 60 Degrees 54 Minutes 07 Secnds East, a
distance of 800.09 feet to a 5/8 inch iron rod with plastic cap
stamped "BENCHMARK ENGR." set in the west line of a call 10.709
Houston Power and Light (H.L.&P.) acre fee strip for the northeast
corner of the herein described tract;
Thence, with the west line of said H.L.&P. Fee strip and the
east line of the herein described tract, South 29 Degrees 05 Minutes
53 Seconds Eat, at 787.90 feet pass the southwest corner of said
10.709 acre tract and the northwest corner of said H.L.&P. 330 foot
wide easement and continue, in all, a distance of 1000.00 feet to
the Point of Beginning and containing 27.0000 acres 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) 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 September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4637 was passed by the House on May 3,
2019, by the following vote: Yeas 127, Nays 13, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4637 on May 23, 2019, by the following vote: Yeas 128, Nays 13,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4637 was passed by the Senate, with
amendments, on May 21, 2019, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor