Bill Text: TX HB3810 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of Harris County Improvement District No. 22; providing authority to levy an assessment, impose a tax, and issue bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-19 - Laid on the table subject to call [HB3810 Detail]
Download: Texas-2011-HB3810-Introduced.html
Bill Title: Relating to the creation of Harris County Improvement District No. 22; providing authority to levy an assessment, impose a tax, and issue bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-19 - Laid on the table subject to call [HB3810 Detail]
Download: Texas-2011-HB3810-Introduced.html
82R10617 TJB-F | ||
By: Fletcher | H.B. No. 3810 |
|
||||||
|
||||||
relating to the creation of Harris County Improvement District No. | ||||||
22; providing authority to levy an assessment, impose a tax, and | ||||||
issue bonds. | ||||||
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 3904 to read as follows: | ||||||
CHAPTER 3904. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 22 | ||||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||||
Sec. 3904.001. DEFINITIONS. In this chapter: | ||||||
(1) "Board" means the district's board of directors. | ||||||
(2) "City" means the City of Houston. | ||||||
(3) "County" means Harris County. | ||||||
(4) "Director" means a board member. | ||||||
(5) "District" means the Harris County Improvement | ||||||
District No. 22. | ||||||
Sec. 3904.002. NATURE OF DISTRICT. The Harris County | ||||||
Improvement District No. 22 is a special district created under | ||||||
Section 59, Article XVI, Texas Constitution. | ||||||
Sec. 3904.003. PURPOSE; DECLARATION OF INTENT. (a) The | ||||||
creation of the district is essential to accomplish the purposes of | ||||||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||||||
Texas Constitution, and other public purposes stated in this | ||||||
chapter. By creating the district and in authorizing the city, the | ||||||
county, and other political subdivisions to contract with the | ||||||
district, the legislature has established a program to accomplish | ||||||
the public purposes set out in Section 52-a, Article III, Texas | ||||||
Constitution. | ||||||
(b) The creation of the district is necessary to promote, | ||||||
develop, encourage, and maintain employment, commerce, | ||||||
transportation, housing, tourism, recreation, the arts, | ||||||
entertainment, economic development, safety, and the public | ||||||
welfare in the district. | ||||||
(c) This chapter and the creation of the district may not be | ||||||
interpreted to relieve the city or the county from providing the | ||||||
level of services provided as of the effective date of the Act | ||||||
enacting this chapter to the area in the district. The district is | ||||||
created to supplement and not to supplant city or county services | ||||||
provided in the district. | ||||||
Sec. 3904.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) | ||||||
The district is created to serve a public use and benefit. | ||||||
(b) All land and other property included in the district | ||||||
will benefit from the improvements and services to be provided by | ||||||
the district under powers conferred by Sections 52 and 52-a, | ||||||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||||||
other powers granted under this chapter. | ||||||
(c) The creation of the district is in the public interest | ||||||
and is essential to further the public purposes of: | ||||||
(1) developing and diversifying the economy of the | ||||||
state; | ||||||
(2) eliminating unemployment and underemployment; and | ||||||
(3) developing or expanding transportation and | ||||||
commerce. | ||||||
(d) The district will: | ||||||
(1) promote the health, safety, and general welfare of | ||||||
residents, employers, potential employees, employees, visitors, | ||||||
and consumers in the district, and of the public; | ||||||
(2) provide needed funding for the district to | ||||||
preserve, maintain, and enhance the economic health and vitality of | ||||||
the district territory as a community and business center; | ||||||
(3) promote the health, safety, welfare, and enjoyment | ||||||
of the public by providing pedestrian ways and by landscaping and | ||||||
developing certain areas in the district, which are necessary for | ||||||
the restoration, preservation, and enhancement of scenic beauty; | ||||||
and | ||||||
(4) provide for water, wastewater, drainage, road, and | ||||||
recreational facilities for the district. | ||||||
(e) Pedestrian ways along or across a street, whether at | ||||||
grade or above or below the surface, and street lighting, street | ||||||
landscaping, parking, and street art objects are parts of and | ||||||
necessary components of a street and are considered to be a street | ||||||
or road improvement. | ||||||
(f) The district will not act as the agent or | ||||||
instrumentality of any private interest even though the district | ||||||
will benefit many private interests as well as the public. | ||||||
Sec. 3904.005. INITIAL DISTRICT TERRITORY. (a) The | ||||||
district is initially composed of the territory described by | ||||||
Section 2 of the Act enacting this chapter. | ||||||
(b) The boundaries and field notes contained in Section 2 of | ||||||
the Act enacting this chapter form a closure. A mistake in the | ||||||
field notes or in copying the field notes in the legislative process | ||||||
does not affect the district's: | ||||||
(1) organization, existence, or validity; | ||||||
(2) right to issue any type of bond for the purposes | ||||||
for which the district is created or to pay the principal of and | ||||||
interest on the bond; | ||||||
(3) right to impose or collect an assessment or tax; or | ||||||
(4) legality or operation. | ||||||
Sec. 3904.006. 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; | ||||||
(2) a tax abatement reinvestment zone created under | ||||||
Chapter 312, Tax Code; | ||||||
(3) an enterprise zone created under Chapter 2303, | ||||||
Government Code; or | ||||||
(4) an industrial district created under Chapter 42, | ||||||
Local Government Code. | ||||||
Sec. 3904.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||||||
Chapter 375, Local Government Code, applies to the district. | ||||||
Sec. 3904.008. CONSTRUCTION OF CHAPTER. This chapter shall | ||||||
be liberally construed in conformity with the findings and purposes | ||||||
stated in this chapter. | ||||||
[Sections 3904.009-3904.050 reserved for expansion] | ||||||
SUBCHAPTER B. BOARD OF DIRECTORS | ||||||
Sec. 3904.051. GOVERNING BODY; TERMS. (a) The district is | ||||||
governed by a board of five voting directors who serve staggered | ||||||
terms of four years, with two or three directors' terms expiring | ||||||
June 1 of each odd-numbered year. | ||||||
(b) The board by resolution may change the number of voting | ||||||
directors on the board if the board determines that the change is in | ||||||
the best interest of the district. The board may not consist of | ||||||
fewer than 5 or more than 15 voting directors. | ||||||
Sec. 3904.052. APPOINTMENT OF VOTING DIRECTORS. The Texas | ||||||
Commission on Environmental Quality shall appoint voting directors | ||||||
from persons recommended by the board. | ||||||
Sec. 3904.053. INITIAL VOTING DIRECTORS. (a) The initial | ||||||
board consists of the following voting directors: | ||||||
|
||||||
|
||||||
|
||||||
|
||||||
|
||||||
|
||||||
(b) Of the initial directors, the terms of directors | ||||||
appointed for positions one through three expire June 1, 2013, and | ||||||
the terms of directors appointed for positions four and five expire | ||||||
June 1, 2015. | ||||||
(c) Section 3904.052 does not apply to this section. | ||||||
(d) This section expires September 1, 2016. | ||||||
Sec. 3904.054. NONVOTING DIRECTORS. The board may appoint | ||||||
nonvoting directors to serve at the pleasure of the voting | ||||||
directors. | ||||||
Sec. 3904.055. 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. 3904.056. 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. | ||||||
[Sections 3904.057-3904.100 reserved for expansion] | ||||||
SUBCHAPTER C. POWERS AND DUTIES | ||||||
Sec. 3904.101. GENERAL POWERS AND DUTIES. The district has | ||||||
the powers and duties necessary to accomplish the purposes for | ||||||
which the district is created. | ||||||
Sec. 3904.102. 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 or service authorized under this chapter or Chapter | ||||||
375, Local Government Code. | ||||||
Sec. 3904.103. DEVELOPMENT CORPORATION POWERS. The | ||||||
district, using money available to the district, may exercise the | ||||||
powers given to a development corporation under Chapter 505, Local | ||||||
Government Code, including the power to own, operate, acquire, | ||||||
construct, lease, improve, or maintain a project under that | ||||||
chapter. | ||||||
Sec. 3904.104. NONPROFIT CORPORATION. (a) The board by | ||||||
resolution may authorize the creation of a nonprofit corporation to | ||||||
assist and act for the district in implementing a project or | ||||||
providing a service authorized by this chapter. | ||||||
(b) The nonprofit corporation: | ||||||
(1) has each power of and is considered to be a local | ||||||
government corporation created under Subchapter D, Chapter 431, | ||||||
Transportation Code; and | ||||||
(2) may implement any project and provide any service | ||||||
authorized by this chapter. | ||||||
(c) The board shall appoint the board of directors of the | ||||||
nonprofit corporation. The board of directors of the nonprofit | ||||||
corporation shall serve in the same manner as the board of directors | ||||||
of a local government corporation created under Subchapter D, | ||||||
Chapter 431, Transportation Code, except that a board member is not | ||||||
required to reside in the district. | ||||||
Sec. 3904.105. AGREEMENTS; GRANTS. (a) As provided by | ||||||
Chapter 375, Local Government Code, the district may make an | ||||||
agreement with or accept a gift, grant, or loan from any person. | ||||||
(b) The implementation of a project is a governmental | ||||||
function or service for the purposes of Chapter 791, Government | ||||||
Code. | ||||||
Sec. 3904.106. 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. 3904.107. 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. 3904.108. ECONOMIC DEVELOPMENT. (a) The district may | ||||||
engage in activities that accomplish the economic development | ||||||
purposes of the district. | ||||||
(b) The district may establish and provide for the | ||||||
administration of one or more programs to promote state or local | ||||||
economic development and to stimulate business and commercial | ||||||
activity in the district, including programs to: | ||||||
(1) make loans and grants of public money; and | ||||||
(2) provide district personnel and services. | ||||||
(c) The district may create economic development programs | ||||||
and exercise the economic development powers provided to | ||||||
municipalities by: | ||||||
(1) Chapter 380, Local Government Code; and | ||||||
(2) Subchapter A, Chapter 1509, Government Code. | ||||||
Sec. 3904.109. 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 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. 3904.110. ANNEXATION OR EXCLUSION OF LAND. (a) The | ||||||
district may annex land as provided by Subchapter J, Chapter 49, | ||||||
Water Code. | ||||||
(b) The district may exclude land as provided by Subchapter | ||||||
J, Chapter 49, Water Code. Section 375.044(b), Local Government | ||||||
Code, does not apply to the district. | ||||||
Sec. 3904.111. STRATEGIC PARTNERSHIP AGREEMENT. The | ||||||
district may negotiate and enter into a written strategic | ||||||
partnership under Section 43.0751, Local Government Code, with a | ||||||
municipality in whose extraterritorial jurisdiction the district | ||||||
is located. | ||||||
Sec. 3904.112. NO EMINENT DOMAIN POWER. The district may | ||||||
not exercise the power of eminent domain. | ||||||
[Sections 3904.113-3904.150 reserved for expansion] | ||||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||||||
Sec. 3904.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||||||
board by resolution shall establish the number of directors' | ||||||
signatures and the procedure required for a disbursement or | ||||||
transfer of district money. | ||||||
Sec. 3904.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||||||
The district may acquire, construct, finance, operate, or maintain | ||||||
any improvement or service authorized under this chapter or Chapter | ||||||
375, Local Government Code, using any money available to the | ||||||
district. | ||||||
Sec. 3904.153. PETITION REQUIRED FOR FINANCING SERVICES AND | ||||||
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | ||||||
service or improvement project with assessments under this chapter | ||||||
unless a written petition requesting that service or improvement | ||||||
has been filed with the board. | ||||||
(b) A petition filed under Subsection (a) must be signed by | ||||||
the owners of a majority of the assessed value of real property in | ||||||
the district subject to assessment according to the most recent | ||||||
certified tax appraisal roll for the county. | ||||||
Sec. 3904.154. 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. 3904.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||||||
The board by resolution may impose and collect an assessment for any | ||||||
purpose authorized by this chapter in all or part of the district. | ||||||
(b) An assessment, a reassessment, or an assessment | ||||||
resulting from an addition to or correction of the assessment roll | ||||||
by the district, penalties and interest on an assessment or | ||||||
reassessment, an expense of collection, and reasonable attorney's | ||||||
fees incurred by the district: | ||||||
(1) are a first and prior lien against the property | ||||||
assessed; | ||||||
(2) are superior to any other lien or claim other than | ||||||
a lien or claim for county, school district, or municipal ad valorem | ||||||
taxes; and | ||||||
(3) are the personal liability of and a charge against | ||||||
the owners of the property even if the owners are not named in the | ||||||
assessment proceedings. | ||||||
(c) The lien is effective from the date of the board's | ||||||
resolution imposing the assessment until the date the assessment is | ||||||
paid. The board may enforce the lien in the same manner that the | ||||||
board may enforce an ad valorem tax lien against real property. | ||||||
(d) The board may make a correction to or deletion from the | ||||||
assessment roll that does not increase the amount of assessment of | ||||||
any parcel of land without providing notice and holding a hearing in | ||||||
the manner required for additional assessments. | ||||||
Sec. 3904.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||||||
375.161, Local Government Code, does not apply to a tax approved by | ||||||
the district voters or a required payment for service provided by | ||||||
the district, including water and sewer services. | ||||||
Sec. 3904.157. COMPETITIVE BIDDING. Subchapter I, Chapter | ||||||
49, Water Code, applies to the district. Sections 375.221 and | ||||||
375.223, Local Government Code, do not apply to the district. | ||||||
Sec. 3904.158. TAX AND ASSESSMENT ABATEMENTS. The district | ||||||
may designate reinvestment zones and may grant abatements of a tax | ||||||
or assessment on property in the zones. | ||||||
[Sections 3904.159-3904.200 reserved for expansion] | ||||||
SUBCHAPTER E. TAXES AND BONDS | ||||||
Sec. 3904.201. ELECTIONS REGARDING TAXES AND BONDS. (a) | ||||||
The district may issue, without an election, bonds, notes, and | ||||||
other obligations secured by: | ||||||
(1) revenue other than ad valorem taxes; or | ||||||
(2) contract payments described by Section 3904.203. | ||||||
(b) The district must hold an election in the manner | ||||||
provided by Subchapter L, Chapter 375, Local Government Code, to | ||||||
obtain voter approval before the district may impose an ad valorem | ||||||
tax or issue bonds payable from ad valorem taxes. | ||||||
(c) Section 375.243, Local Government Code, does not apply | ||||||
to the district. | ||||||
(d) All or any part of any facilities or improvements that | ||||||
may be acquired by a district by the issuance of its bonds may be | ||||||
submitted as a single proposition or as several propositions to be | ||||||
voted on at the election. | ||||||
Sec. 3904.202. OPERATION AND MAINTENANCE TAX. (a) If | ||||||
authorized by a majority of the district voters voting at an | ||||||
election held in accordance with Section 3904.201, the district may | ||||||
impose an operation and maintenance tax on taxable property in the | ||||||
district in accordance with Section 49.107, Water Code, for any | ||||||
district purpose, including to: | ||||||
(1) maintain and operate the district; | ||||||
(2) construct or acquire improvements; or | ||||||
(3) provide a service. | ||||||
(b) The board shall determine the tax rate. The rate may not | ||||||
exceed the rate approved at the election. | ||||||
(c) Section 49.107(h), Water Code, does not apply to the | ||||||
district. | ||||||
Sec. 3904.203. CONTRACT TAXES. (a) In accordance with | ||||||
Section 49.108, Water Code, the district may impose a tax other than | ||||||
an operation and maintenance tax and use the revenue derived from | ||||||
the tax to make payments under a contract after the provisions of | ||||||
the contract have been approved by a majority of the district voters | ||||||
voting at an election held for that purpose. | ||||||
(b) A contract approved by the district voters may contain a | ||||||
provision stating that the contract may be modified or amended by | ||||||
the board without further voter approval. | ||||||
Sec. 3904.204. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||||||
BONDS. (a) The district may borrow money on terms determined by | ||||||
the board. Section 375.205, Local Government Code, does not apply | ||||||
to a loan, line of credit, or other borrowing from a bank or | ||||||
financial institution secured by revenue other than ad valorem | ||||||
taxes. | ||||||
(b) The district may issue bonds, notes, or other | ||||||
obligations payable wholly or partly from ad valorem taxes, | ||||||
assessments, impact fees, revenue, contract payments, grants, or | ||||||
other district money, or any combination of those sources of money, | ||||||
to pay for any authorized district purpose. | ||||||
Sec. 3904.205. TAXES FOR BONDS. At the time the district | ||||||
issues bonds payable wholly or partly from ad valorem taxes, the | ||||||
board shall provide for the annual imposition of a continuing | ||||||
direct annual ad valorem tax, without limit as to rate or amount, | ||||||
for each year that all or part of the bonds are outstanding as | ||||||
required and in the manner provided by Sections 54.601 and 54.602, | ||||||
Water Code. | ||||||
Sec. 3904.206. BONDS FOR RECREATIONAL FACILITIES. The | ||||||
limitation on the outstanding principal amount of bonds, notes, and | ||||||
other obligations provided by Section 49.4645, Water Code, does not | ||||||
apply to the district. | ||||||
[Sections 3904.207-3904.250 reserved for expansion] | ||||||
SUBCHAPTER F. DEFINED AREAS | ||||||
Sec. 3904.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||||||
DESIGNATED PROPERTY. The district may define areas or designate | ||||||
certain property of the district to pay for improvements, | ||||||
facilities, or services that primarily benefit that area or | ||||||
property and do not generally and directly benefit the district as a | ||||||
whole. | ||||||
Sec. 3904.252. PROCEDURE FOR ELECTION. (a) Before the | ||||||
district may impose an ad valorem tax or issue bonds payable from ad | ||||||
valorem taxes of the area defined or property designated under | ||||||
Section 3904.251, the board shall call and hold an election in the | ||||||
defined area or within the boundaries of the designated property | ||||||
only. | ||||||
(b) The board may submit the proposition to the voters on | ||||||
the same ballot to be used in another election. | ||||||
Sec. 3904.253. DECLARING RESULT AND ISSUING ORDER. (a) If | ||||||
a majority of the voters voting at the election approve the | ||||||
proposition or propositions, the board shall declare the results | ||||||
and, by order, shall establish the defined area and describe it by | ||||||
metes and bounds or designate the specific property. | ||||||
(b) The board's order is not subject to judicial review. | ||||||
Sec. 3904.254. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||||||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||||||
approval and adoption of the order described by Section 3904.253, | ||||||
the district may apply separately, differently, equitably, and | ||||||
specifically its taxing power and lien authority to the defined | ||||||
area or designated property to provide money to construct, | ||||||
administer, maintain, and operate services, improvements, and | ||||||
facilities that primarily benefit the defined area or designated | ||||||
property. | ||||||
Sec. 3904.255. ISSUANCE OF BONDS FOR DEFINED AREAS OR | ||||||
DESIGNATED PROPERTY. After the order under Section 3904.253 is | ||||||
adopted, the district may issue bonds to provide for any land, | ||||||
improvements, facilities, plants, equipment, and appliances for | ||||||
the defined area or designated property. | ||||||
[Sections 3904.256-3904.300 reserved for expansion] | ||||||
SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION | ||||||
Sec. 3904.301. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The | ||||||
district is a "water or sewer district" under Section 43.071, Local | ||||||
Government Code. | ||||||
(b) Section 43.075, Local Government Code, applies to the | ||||||
district. | ||||||
(c) Section 375.264, Local Government Code, does not apply | ||||||
to the dissolution of the district by a municipality. | ||||||
SECTION 2. Harris County Improvement District No. 22 | ||||||
initially includes all territory contained in the following area: | ||||||
A FIELD NOTE DESCRIPTION of 82.7881 acres (3,606,248 square | ||||||
feet) of land in the William Perkins Survey, Abstract No. 621, in | ||||||
the T. A. Duclos Survey, Abstract No. 1473 and in the C. W. Hall | ||||||
Survey, Abstract No. 1639, Harris County, Texas; said 82.7881 acre | ||||||
tract of land being part of a 24.9205 acre tract of land described | ||||||
as "Tract 1", being part of a 59.7996 acre tract of land described | ||||||
as "Tract 2", conveyed to A-K Texas Venture Capital, L.C., as | ||||||
recorded under Harris County Clerk's File No. P577137, being all of | ||||||
Proposed Grand Parkway (width varies) as recorded in Harris County | ||||||
Clerk's File Nos. L091863 and T419832, being all of Lot 1, conveyed | ||||||
to John H. Walker, Jr., as recorded under Harris County Clerk's File | ||||||
No. U083376, being all of Lot 3, conveyed to Jack Hall, as recorded | ||||||
under Harris County Clerk's File No. U083379, being all of Lot 4, | ||||||
conveyed to Margaret Gallagher, as recorded under Harris County | ||||||
Clerk's File No. U083382 and being all of Lot 5, conveyed to Robert | ||||||
Conwell, as recorded under Harris County Clerk's File No. U083385; | ||||||
said tract being more particularly described by metes and bounds as | ||||||
follows with the bearings being based on the easterly right-of-way | ||||||
line of Boudreaux Road (60 feet wide), as recorded under Harris | ||||||
County Clerk's File No. P577137, the bearing being North 02° 41' 05" | ||||||
West: | ||||||
COMMENCING FOR REFERENCE at a 5/8-inch iron rod with cap set | ||||||
at the intersection of the south right-of-way line of said | ||||||
Boudreaux Road with the east line of said Boudreaux Road for the | ||||||
northwest corner of a 14.8700 acre tract of land conveyed to Greater | ||||||
Life Church, as recorded under Harris County Clerk's File No. | ||||||
P747894; | ||||||
THENCE, North 87° 37' 18" East - 600.21 feet with the north | ||||||
line of said 14.8700 acre tract and with the south right-of-way line | ||||||
of Boudreaux Road to a 5/8-inch iron rod with cap set for the | ||||||
northwest corner and POINT OF BEGINNING of this tract; | ||||||
THENCE, North 87° 37' 18" East - 552.95 feet with the south | ||||||
right-of-way line of said Boudreaux Road to a 5/8-inch iron rod with | ||||||
cap set for the northwest end of a cutback corner at the | ||||||
intersection of the south right-of-way line of said Boudreaux Road | ||||||
with the west right-of-way line of State Highway 249 (right-of-way | ||||||
width varies) for an angle point of this tract; | ||||||
THENCE, South 58° 59' 02" East - 40.31 feet with said cutback | ||||||
to a 5/8-inch iron rod with cap set in the west right-of-way line of | ||||||
said State Highway No. 249 for an angle point of this tract; | ||||||
THENCE, South 18° 19' 22" East - 367.55 feet with the west | ||||||
right-of-way line of said State Highway 249 to a 5/8-inch iron rod | ||||||
found for the beginning of a non-tangent curve to the left; | ||||||
THENCE, in a southerly direction with the west right-of-way | ||||||
line of said State Highway 249 and with a curve to the left having a | ||||||
radius of 5,940.58 feet, a central angle of 08° 30' 26", a length of | ||||||
882.05 feet and a chord bearing South 22° 37' 15" East - 881.24 feet | ||||||
to a 5/8-inch iron rod with cap set for a | ||||||
point-of-reverse-curvature; | ||||||
THENCE, in a southerly direction with the west right-of-way | ||||||
line of said State Highway 249 and with said curve to the right | ||||||
having a radius of 1,379.00 feet, a central angle of 04° 10' 43", a | ||||||
length of 100.57 feet and a chord bearing South 24° 35' 34" East - | ||||||
100.55 feet to a 5/8-inch iron rod with cap set for a | ||||||
point-of-non-tangency; | ||||||
THENCE, South 22° 42' 55" East - 154.41 feet with the west | ||||||
right-of-way line of said State Highway 249 to a Texas Department of | ||||||
Transportation Monument Disk found for a point-of-curvature; | ||||||
THENCE, in a southeasterly direction with the west | ||||||
right-of-way line of said State Highway 249 and with a curve to left | ||||||
having a radius of 1,512.00 feet, a central angle of 12° 29' 50", a | ||||||
length of 329.80 feet and a chord bearing South 28° 57' 50" East - | ||||||
329.14 feet to a Texas Department of Transportation Monument Disk | ||||||
found for a point-of-non-tangency; | ||||||
THENCE, South 35° 11' 04" East - 395.67 feet with the west | ||||||
right-of-way line of said State Highway 249 to a Texas Department of | ||||||
Transportation Monument Disk found for the north end of a cutback at | ||||||
the intersection of the west right-of-way line of said State | ||||||
Highway 249 with the north right-of-way line of Proposed Boudreaux | ||||||
Road (100 feet wide), as recorded under Harris County Clerk's File | ||||||
No. D900150 for a southeast corner of this tract; | ||||||
THENCE, South 08° 41' 12" West - 53.94 feet with said cutback | ||||||
to a Texas Department of Transportation Monument Disk found for a | ||||||
south corner of this tract; | ||||||
THENCE, South 58° 20' 27" West - 791.84 feet with the | ||||||
northwest right-of-way line of said Proposed Boudreaux Road to a | ||||||
5/8-inch iron rod found for the beginning of a non-tangent curve to | ||||||
the right; | ||||||
THENCE, in a westerly direction with the north right-of-way | ||||||
line of said Proposed Boudreaux Road and with said curve to the | ||||||
right having a radius of 2,750.00 feet, a central angle of 28° 57' | ||||||
23", a length of 1,389.80 feet and a chord bearing South 72° 52' 14" | ||||||
West - 1,375.06 feet to a 5/8-inch iron rod found at the | ||||||
intersection of the north right-of-way line of said Proposed | ||||||
Boudreaux Road with the east right-of-way line of said Boudreaux | ||||||
Road for the southwest corner of this tract; | ||||||
THENCE, North 02° 41' 05" West - 1,579.90 feet with the east | ||||||
right-of-way line of said Boudreaux Road to a 5/8-inch iron rod | ||||||
found for the southwest corner of said 14.8700 acre tract and for a | ||||||
northwest corner of this tract; | ||||||
THENCE, North 52° 05' 02" East - 418.86 feet with the | ||||||
northwest right-of-way line of said Proposed Grand Parkway and with | ||||||
the southeast line of said 14.8700 acre tract to a 5/8-inch iron rod | ||||||
found for the southeast corner of said 14.8700 acre tract, with the | ||||||
southwest corner of said "Tract 1" and with an interior corner of | ||||||
this tract; | ||||||
THENCE, North 01° 53' 02" West - 887.65 feet with the east line | ||||||
of said 14.8700 acre tract and with the west line of said "Tract 1" | ||||||
to the POINT OF BEGINNING and containing 82.7881 acres (3,606,248 | ||||||
square feet) of land. | ||||||
SECTION 3. (a) The legal notice of the intention to | ||||||
introduce this Act, setting forth the general substance of this | ||||||
Act, has been published as provided by law, and the notice and a | ||||||
copy of this Act have been furnished to all persons, agencies, | ||||||
officials, or entities to which they are required to be furnished | ||||||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||||||
Government Code. | ||||||
(b) The governor, one of the required recipients, has | ||||||
submitted the notice and Act to the Texas Commission on | ||||||
Environmental Quality. | ||||||
(c) The Texas Commission on Environmental Quality has filed | ||||||
its recommendations relating to this Act with the governor, | ||||||
lieutenant governor, and speaker of the house of representatives | ||||||
within the required time. | ||||||
(d) The general law relating to consent by political | ||||||
subdivisions to the creation of districts with conservation, | ||||||
reclamation, and road powers and the inclusion of land in those | ||||||
districts has been complied with. | ||||||
(e) All requirements of the constitution and laws of this | ||||||
state and the rules and procedures of the legislature with respect | ||||||
to the notice, introduction, and passage of this Act have been | ||||||
fulfilled and accomplished. | ||||||
SECTION 4. This Act takes effect immediately if it receives | ||||||
a vote of two-thirds of all the members elected to each house, as | ||||||
provided by Section 39, Article III, Texas Constitution. If this | ||||||
Act does not receive the vote necessary for immediate effect, this | ||||||
Act takes effect September 1, 2011. |