88R19290 JTZ-F
By: Thompson of Brazoria H.B. No. 5403
A BILL TO BE ENTITLED
relating to the creation of the Manvel Sports Facilities District;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 4004 to read as follows:
CHAPTER 4004. MANVEL SPORTS FACILITIES DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 4004.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Manvel.
(3) "County" means Brazoria County.
(4) "Director" means a board member.
(5) "District" means the Manvel Sports Facilities
District.
Sec. 4004.0102. NATURE OF DISTRICT. The Manvel Sports
Facilities District is a special district created under Section 59,
Article XVI, Texas Constitution.
Sec. 4004.0103. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) By creating the district and in authorizing the county,
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.
(c) 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.
(d) This chapter and the creation of the district may not be
interpreted to relieve the county or the city from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant county or city services
provided in the district.
Sec. 4004.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) 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.
(b) The district is created to serve a public use and
benefit.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 4004.0105. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 4004.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code; or
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code.
Sec. 4004.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 4004.0108. CONSTRUCTION OF CHAPTER. This chapter
shall be liberally construed in conformity with the findings and
purposes stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 4004.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board only if the board determines that the change
is in the best interest of the district. The board may not consist
of fewer than five or more than nine voting directors.
Sec. 4004.0202. APPOINTMENT OF VOTING DIRECTORS ON INCREASE
IN BOARD SIZE. If the board increases the number of directors under
Section 4004.0201, the board shall appoint qualified persons to
fill the new director positions and shall provide for staggering
the terms of the directors serving in the new positions.
Sec. 4004.0203. APPOINTMENT OF VOTING DIRECTORS. The mayor
and members of the governing body of the city shall appoint voting
directors from persons recommended by the board. A person is
appointed if a majority of the members of the governing body,
including the mayor, vote to appoint that person.
Sec. 4004.0204. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 4004.0205. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 4004.0206. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
Sec. 4004.0207. INITIAL VOTING DIRECTORS. (a) The initial
board consists of:
Pos. No. Name of Director: Pos. No. Name of Director:
Pos. No. Name of Director:
1 Debra Davison 1 Debra Davison
1 Debra Davison
2 Derek Hehn 2 Derek Hehn
2 Derek Hehn
3 Robina Spruill 3 Robina Spruill
3 Robina Spruill
4 Nicole Mitchell 4 Nicole Mitchell
4 Nicole Mitchell
5 Karen Kinlaw 5 Karen Kinlaw
5 Karen Kinlaw
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2025, and
the terms of directors appointed for positions four and five expire
June 1, 2027.
(c) Section 4004.0203 does not apply to this section.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 4004.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 4004.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)
The district, using any money available to the district for the
purpose, may 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.
(b) The district may contract with a governmental or private
entity to carry out an action under Subsection (a).
(c) The implementation of a district project or service is a
governmental function or service for the purposes of Chapter 791,
Government Code.
Sec. 4004.0303. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 4004.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
The district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 4004.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may engage in activities that accomplish the economic
development purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 4004.0306. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 4004.0307. ADDING OR EXCLUDING LAND. The district may
add or exclude land in the manner provided by Subchapter J, Chapter
49, Water Code, or by Subchapter H, Chapter 54, Water Code.
Sec. 4004.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 4004.0309. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. ASSESSMENTS
Sec. 4004.0401. PETITION REQUIRED FOR FINANCING SERVICES
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 4004.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
SUBCHAPTER E. TAXES AND BONDS
Sec. 4004.0501. TAX ELECTION REQUIRED. (a) The district
must hold an election in the manner provided by Chapter 49, Water
Code, or, if applicable, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax.
(b) Section 375.243, Local Government Code, does not apply
to the district.
Sec. 4004.0502. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election under Section 4004.0501, the district may impose an
operation and maintenance tax on taxable property in the district
in the manner provided by Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the operation and maintenance
tax rate. The rate may not exceed the rate approved at the
election.
Sec. 4004.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
terms determined by the board.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, or other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 4004.0504. BONDS SECURED BY REVENUE OR CONTRACT
PAYMENTS. The district may issue, without an election, bonds
secured by:
(1) revenue other than ad valorem taxes, including
contract revenues; or
(2) contract payments, provided that the requirements
of Section 49.108, Water Code, have been met.
Sec. 4004.0505. BONDS SECURED BY AD VALOREM TAXES;
ELECTIONS. (a) If authorized at an election under Section
4004.0501, the district may issue bonds payable from ad valorem
taxes.
(b) At the time the district issues bonds payable wholly or
partly from ad valorem taxes, the board shall provide for the annual
imposition of a continuing direct annual ad valorem tax, without
limit as to rate or amount, for each year that all or part of the
bonds are outstanding as required and in the manner provided by
Sections 54.601 and 54.602, Water Code.
(c) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 4004.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
board may not issue bonds until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has consented by ordinance or resolution to the creation of
the district and to the inclusion of land in the district.
(b) This section applies only to the district's first
issuance of bonds payable from ad valorem taxes.
SUBCHAPTER I. DISSOLUTION
Sec. 4004.0901. DISSOLUTION. (a) The board shall dissolve
the district on written petition filed with the board by the owners
of at least two-thirds of the assessed value of the property subject
to assessment or taxation by the district based on the most recent
certified county property tax rolls.
(b) The board by majority vote may dissolve the district at
any time.
(c) The district may not be dissolved by its board under
Subsection (a) or (b) if the district:
(1) has any outstanding bonded indebtedness until that
bonded indebtedness has been repaid or defeased in accordance with
the order or resolution authorizing the issuance of the bonds;
(2) has a contractual obligation to pay money until
that obligation has been fully paid in accordance with the
contract; or
(3) owns, operates, or maintains public works,
facilities, or improvements unless the district contracts with
another person for the ownership, operation, or maintenance of the
public works, facilities, or improvements.
(d) Sections 375.261, 375.262, and 375.264, Local
Government Code, do not apply to the district.
SECTION 2. The Manvel Sports Facilities District initially
includes all territory contained in the following area:
The following approximately 159.636-acre tract of land
situated in Brazoria County, Texas:
A 149.639 acre (6,518,259 square feet) tract being all of
Lots 1, 3, 4, 9, 10, 11, 12, 17, 18, 19, 20, 25, 26, 27 and 28 of the
Allison-Richey Gulf Coast Home Company Suburban Gardens
Subdivision of Section 73, H.T. & B. Railroad Company Survey,
Abstract 301, according to the map or plat thereof, recorded in
Volume 2, Page 91 and 92, of the Plat Records of Brazoria County,
Texas (B.C.P.R.) and being all of that certain tract conveyed to
Westbank Bayou, LP (called 9.99 acres), recorded in Brazoria County
Clerk's File Number (B.C.C.F. No.) 2008004368, and being all that
certain tract conveyed to 10929 Brazoria Inc. (called 34.90 acres),
recorded in B.C.C.F. No. 2005033429, and being all that certain
tract conveyed to Eastbank Bayou, LP (called 19.950 acres),
recorded in B.C.C.F. No. 2007022032, and being a part of that
certain tract conveyed to Four Forty-Three Ltd. (called 433.09
acres), recorded in Volume 1048, Page 760, deed records of Brazoria
County, Texas (B.C.D.R.), with said 6,518,259 square foot tract of
land being more particularly described by metes and bounds as
follows:
COMMENCING at a 1/2 inch iron rod found at the Northeast
corner of said Section 73 and an interior corner of the H.T. & B.
Railroad Company Survey, Section 74, Abstract 493, recorded in
Volume 2, Page 66, B.C.P.R.) and being at the centerline
intersection of 60 foot Pollard Drive (as occupied) (Platted as 40
feet - Volume 2, Page 91 and 92, B.C.P.R.) and 60 foot Del Bello
Boulevard (as occupied)(Platted as 50 feet - Volume 2, Page 66,
B.C.P.R.), marking the northeast corner of the Michael D. Roland
and Marcy D. Roland tract (called 5.46 acres), recorded in B.C.C.F.
No. 2004072423 and 2007030104, the northwest corner of the Michael
C. Black tract (called 4.00 acres), recorded in B.C.C.F.
No. 96-015514 and the Northeast corner of said Section 73;
THENCE S 86°50'29" W, along and with the common line of
Section 73 and 74 and centerline of said 40 foot platted road, at
658.00 feet pass a point marking the southwest corner of Lot 1 of
said Section 74 and the southeast corner of said Division "O", from
which a 5/8 inch iron rod bears, S 38°48'33" W, 3.08 feet, continuing
along and with the common line of Section 73 and Division "O" and
centerline of said 40 foot platted road, a total distance of 2633.86
feet (called 2640.00 feet) to a 5/8 inch iron rod with cap stamped
"FMS" set in the north line of Section 73, the north line of a 60
foot American Canal Company Easement, recorded in Volume 638, Page
127, B.C.D.R., the south line of the Mary V O'Donnell Survey,
Division "O", Abstract 469, recorded in Volume 2, Page 91 and 92,
B.C.P.R. the south line of the John and Edith Lebourgeois tract
(called 6.978 acres), recorded in B.C.C.F. No. 98-053061, the north
line of the Eastbank Bayou, LP tract (called 19.950 acres),
recorded in B.C.C.F. No. 2007022032 and the centerline of said 40
foot platted road, marking the common corner of Lot 25 and 33 of
said Section 73 at the Northeast corner and POINT OF BEGINNING of
herein described tract, from which a 1/2 inch iron rod found, bears
S 82°35'47" E, 14.32 feet;
THENCE S 03°27'06" E, along and with the west line of said 60
foot American Canal Company Easement, the east line of herein
described tract and the common line of Lot 25 and 33, at 661.05 feet
pass a point, marking the common corner of Lots 25, 33, 34 and 26 of
said Section 73, continuing for a total distance of 2641.03 feet
(called 2640.00 feet) to a 5/8 inch iron rod with cap stamped "FMS"
set in the centerline of a 40 foot platted road and being in the west
line of said American Canal Company Easement, marking the southeast
corner of herein described tract and the common corner of Lots 28,
36, 37 and 29;
THENCE S 86°51'03" W, along and with the common line of Lots 28
and 29 and centerline of said 40 foot platted road at 658.45 feet
(called 660.00 feet) pass a 1/4 inch iron pipe found, marking the
common corner of Lots 28, 29, 21 and 20 and at 1974.69 feet (called
1980.00 feet) pass a 3/4 inch iron pipe found, marking the common
corner of Lots 12, 13, 5 and 4 of said Section 73 and the northeast
corner of the Westbank Bayou, LP tract (called 19.919 acres),
continuing for a total distance of 2632.44 feet (called 2640.00
feet) to a 1 inch iron pipe found in the centerline of a 40 foot
platted road and being in the west line of said Section 73 and the
east line of the H.T. & B. Railroad Company Survey, Section 72,
Abstract 460, marking the southwest corner of herein described
tract, the northwest corner of said 19.919 acre tract, the
northwest corner of a 3.430 acre drainage easement, recorded in
B.C.C.F. No. 2016026156, the northeast corner of a Brazos River
Authority tract (called 6.676 acres), cause number 54, 761A, the
southeast corner of the Brazos River Authority Parcel "D" tract
(called 3.18 acres), recorded in Volume 1070, Page 315, B.C.D.R.,
the southwest corner of the Brazos River Authority Parcel "A" tract
(called 0.61 acres), recorded in Volume 1070, Page 318, B.C.D.R.,
the southwest corner of the Brazoria County Municipal Utility
District (M.U.D.) No. 43 Drainage Easement tract (called 1.739
acres), recorded in B.C.C.F. No. 2016011559 and the common corner
of Lots 4 and 5, Section 73, from which a 1/2 inch iron rod found
marking the southeast corner of the Joan Banneyer tract (called
1.367 acres), recorded in B.C.C.F. No. 2005003981, bears S
86°37'46" W, 649.82 feet;
THENCE N 03°28'57" W, continuing along and with the common
line of Section 73 and 72 and along and with the common line of said
Parcel "A", Parcel "D" and said 1.739 acre easement, at 659.57 feet
(called 660.00 feet) pass a 1-1/4 inch iron pipe found, marking the
common corner of Lots 3 and 4, the northwest corner of said 1.739
acre easement, the southwest corner of the Brazoria County M.U.D.
No. 43 Drainage Easement tract (called 1.755 acres), recorded in
B.C.C.F. No. 2016026131 and the southwest corner of a 20' easement
strip, recorded in Volume 181, Page 25, B.C.D.R., continuing for a
total distance of 1319.64 feet (called 1320.00 feet) to a 1/2 inch
iron rod with cap stamped "Adams RPLS 3666" found at an angle point
for corner of herein described tract, the southwest corner of the ID
Investments, Inc tract (called 10.00 acres), recorded in B.C.C.F.
No. 2004071747, the northwest corner of said 20' easement strip,
the northwest corner of said Parcel "A", the northwest corner of
said 1.755 acre easement and the common corner of Lots 3 and 2 in the
centerline of a 40 foot platted road;
THENCE N 86°50'32" E, along and with the common line of Lots 2
and 3, the centerline of said 40 foot platted road and the common
line of herein described tract and said 10.00 acre tract, a distance
of 659.25 feet (called 660.00 feet) to a 1/2 inch iron rod with cap
stamped "Adams RPLS 3666" found for interior corner of herein
described tract, the southeast corner of said 10.00 acre tract and
the common corner of Lots 3, 2, 10 and 11;
THENCE N 03°24'29" W, along and with the common line of herein
described tract and said 10.00 acre tract and the common line of
Lots 2 and 10, a distance of 659.94 feet (called 660.00 feet) to a
1/2 inch iron rod with cap stamped "Adams RPLS 3666" found for
interior corner of herein described tract, the northeast corner of
said 10.00 acre tract and the common corner of Lots 1, 2, 9 and 10;
THENCE S 86°50'32" W, along and with the common line of herein
described tract and said 10.00 acre tract, a distance of 660.17 feet
(called 660.00 feet) to a 5/8 inch iron rod with cap stamped "FMS"
set at an angle point for corner of herein described tract in the
common line of Section 73 and 72, and being the southeast corner of
the Brazos River Authority Parcel "C" tract (called 1.61 acres),
recorded in Volume 1070, Page 315, B.C.D.R, the southwest corner of
the Brazos River Authority Parcel "A" tract (called 0.30 acre),
recorded in Volume 1070, Page 318, B.C.D.R., the southwest corner
of the Brazoria County M.U.D. No. 43 Drainage Easement tract
(called 1.790 acres), recorded in B.C.C.F. No. 2016011558 and the
common corner of Lots 1 and 2, from which a 5/8 inch iron rod found
in the east right-of-way line of County Road 82 (a.k.a. Iowa Lane)
(called 70' width, B.C.C.F. No. 99-050385), marking the northwest
corner of the SLP 288 and Rodeo Palms II, LP tract (called 12.8576
acres), recorded in B.C.C.F. No. 2006036045 and the southwest
corner of the SLP 288 and Rodeo Palms IV, LP tract (called 13.2148
acres), recorded in B.C.C.F. No. 2005011681, bears S 86°39'50" W,
978.08 feet (called 1003.68 feet);
THENCE N 03"28'57" W, along and with the common line of said
Section 73 and 72, the centerline of said 40 foot platted road and
the common line of said Parcel "C", Parcel "A" and said 1.179 acre
easement, a distance of 661.02 feet (called 660.00 feet) to a 1/2
inch iron rod with cap stamped "Adams RPLS 3666" found in the south
line of the SLP 288 and Rodeo Palms II, LP tract (called 99.9653
acres), recorded in B.C.C.F. No. 2004064049, marking the northwest
corner of herein described tract, the northwest corner of said
1.790 easement, the northwest corner of said Parcel "A", the
northwest corner of Lot 1 and the called common corner of said
Section 73, 72, Division "O" and the southeast corner of the H.T. &
B. Railroad Company Survey, Section 90, Abstract 459,recorded in
Volume 2, Page 98, B.C.P.R.;
THENCE N 86°50'29" E, along and with the common line of said
Section 73 and Division "O" and the centerline of a 40 foot platted
road, at 28.79 feet pass a 5/8 inch iron rod found, marking the
southeast corner of said 99.9653 acre tract and the southwest
corner of the Four Forty-Three, Ltd. Tract (called 20 acres),
recorded in Volume 1048, Page 760, B.C.D.R., continuing for a total
distance of 2633.92 feet (called 2640.00 feet) to the POINT OF
BEGINNING and containing a calculated area of 149.639 acres of
land.
A 10.00 acre (435,365 square feet) tract being all of Lot 2 of
the Allison-Richey Gulf Coast Home Company Suburban Gardens
Subdivision of Section 73 (A.R.G.C.H.CO. Survey, Section 73), H.T. &
B. Railroad Company Survey, Abstract 301, according to the map or
plat thereof, recorded in Volume 2, Page 91 and 92, of the Plat
Records of Brazoria County, Texas (B.C.P.R.) and being all of that
certain tract of land described in deed to ID Investments, Inc.,
under Brazoria County Clerk's File Number (B.C.C.F. No.) 2004071747
of the deed records of Brazoria County, Texas (B.C.D.R.), with said
435,365 square foot tract of land being more particularly described
by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped "FMS" found
on the called centerline of a 40 foot wide platted road, at the
Southwest corner of Lot 1 of the A.R.G.C.H.CO. Survey, Section 73,
at the Northwest corner of Lot 2, same being the Northwest corner of
the herein described tract;
THENCE: N 86°50'32" E, along and with the common line of Lots 1
and 2 and the North line of this tract, a distance of 660.17 feet
(called 660.00 feet) to a 1/2 inch iron rod with cap stamped "ADAMS
RPLS 3666" found at the Southwest corner of Lot 9 of the
A.R.G.C.H.CO. Survey, Section 73, same being the Southeast corner
of Lot 1, the Northwest corner of Lot 10, the Northeast corner of
Lot 2 and the Northeast corner of this tract;
THENCE: S 03°24'29" E, along and with the common line of Lots 2
and 10 and the East line of this tract, a distance of 659.94 feet
(called 660.00 feet), to a 1/2 inch iron rod with cap stamped "ADAMS
RPLS 3664" found at the common corner of Lots 2, 3, 10 and 11, at the
Southeast corner of the herein described tract;
THENCE: S 86°50'32" W, along and with the common line of Lots 2
and 3 and the South line of this tract, a distance of 659.25 feet
(called 660.00 feet), to a 1/2 inch iron rod with cap stamped "ADAMS
RPLS 3666", in the centerline of a 40 foot platted road, on the East
line of a called 12.8576 acre tract of land described in deed to SLP
288 and Rodeo Palms II, LP., under B.C.C.F. No. 200603645, at the
common West corner of Lots 2 and 3 and at the Southwest corner of
this tract;
THENCE N 03°29'17" W, along and with the common of the SLP 288
and Rodeo Palms II, LP. tract and Lot 2, same being the West line of
this tract, a distance of 659.94 feet (called 600.00 feet) to the
POINT OF BEGINNING and containing a calculated area of 10.00 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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
Pos. No. Name of Director:
1 Debra Davison
2 Derek Hehn
3 Robina Spruill
4 Nicole Mitchell
5 Karen Kinlaw