Bill Text: TX HB4667 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to the creation of the East Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2019-05-22 - Placed on intent calendar [HB4667 Detail]

Download: Texas-2019-HB4667-Comm_Sub.html

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By: Hernandez (Senate Sponsor - Alvarado) H.B. No. 4667
(In the Senate - Received from the House May 6, 2019;
May 6, 2019, read first time and referred to Committee on
Intergovernmental Relations; May 20, 2019, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 6,
Nays 0; May 20, 2019, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4667 By: Alvarado

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the East Houston Management District;
providing authority to issue bonds; providing authority to impose
assessments, fees, or 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 3923 to read as follows:
CHAPTER 3923. EAST HOUSTON MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3923.0101. 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 East Houston Management
District.
Sec. 3923.0102. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3923.0103. CONFIRMATION ELECTION REQUIRED. (a) On
receipt of a petition signed by at least 60 percent of the owners of
real property in the district according to the most recent
certified tax appraisal roll for the county, the initial board
shall hold an election to confirm the creation of the district in
the manner provided by Subchapter D, Chapter 49, Water Code.
(b) The board may not issue bonds or other obligations
unless the creation of the district is confirmed as provided by this
section.
Sec. 3923.0104. 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) The district is created to supplement and not to
supplant city services provided in the district.
Sec. 3923.0105. FINDINGS OF PUBLIC USE AND BENEFIT. (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;
(3) developing or expanding transportation and
commerce; and
(4) providing quality residential housing.
(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 residential community and business
center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping,
removing graffiti from, and developing certain areas in the
district, which are necessary for the restoration, preservation,
and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, vehicle parking, and street art objects are parts of
and necessary components of a street and are considered to be an
improvement project that includes 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. 3923.0106. 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 a bond;
(3) right to impose or collect an assessment; or
(4) legality or operation.
Sec. 3923.0107. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) 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.
(b) If the city creates a tax increment reinvestment zone
described by Subsection (a), the city and the board of directors of
the zone, by contract with the district, may grant money deposited
in the tax increment fund to the district to be used by the district
for the purposes permitted for money granted to a corporation under
Section 380.002(b), Local Government Code, including the right to
pledge the money as security for any bonds issued by the district
for an improvement project. A project may not receive public funds
under Section 380.002(b), Local Government Code, unless the project
has been approved by the governing body of the city.
Sec. 3923.0108. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3923.0109. 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. 3923.0201. GOVERNING BODY; TERMS. The district is
governed by a board of 11 directors who serve staggered terms of
four years, with five or six directors' terms expiring June 1 of
each odd-numbered year.
Sec. 3923.0202. QUALIFICATIONS OF DIRECTORS APPOINTED BY
CITY. To be qualified to serve as a director, a person must be:
(1) a resident of the district who is also a registered
voter of the district;
(2) an owner of stock or a partnership or membership
interest, whether beneficial or otherwise, of a corporate
partnership, limited liability company, or other entity owner of a
direct or indirect interest in property in the district; or
(3) an agent, employee, or tenant of a person
described by Subdivision (2).
Sec. 3923.0203. APPOINTMENT OF DIRECTORS; COMPOSITION OF
BOARD. (a) The governing body of the city shall appoint directors
from qualified persons recommended by the board.
(b) In making appointments under this section, the
governing body of the city shall ensure that:
(1) eight positions on the board are occupied by
persons described by Section 3923.0202(2) or (3); and
(2) three positions on the board are occupied by
persons described by Section 3923.0202(1).
Sec. 3923.0204. VACANCY. If a vacancy occurs on the board,
the remaining directors shall appoint a qualified director for the
remainder of the unexpired term.
Sec. 3923.0205. 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. 3923.0206. QUORUM. A vacant director position is not
counted for purposes of establishing a quorum.
Sec. 3923.0207. 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. 3923.0208. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $50 for each
board meeting. The total amount of compensation a director may
receive each year may not exceed $2,000.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3923.0209. LIABILITY INSURANCE. The district may
obtain and pay for comprehensive general liability insurance
coverage from a commercial insurance company or other source that
protects and insures a director against personal liability and from
all claims relating to:
(1) actions taken by the director in the director's
capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the
district.
Sec. 3923.0210. NO EXECUTIVE COMMITTEE. The board may not
create an executive committee to exercise the powers of the board.
Sec. 3923.0211. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3923.0212. INITIAL DIRECTORS. (a) Not later than
October 1, 2019, the governing body of the city shall appoint
initial directors to the board. Of the initial directors appointed
under this subsection:
(1) three directors must be persons described by
Section 3923.0202(1); and
(2) eight directors must be persons described by
Section 3923.0202(2) or (3).
(b) The terms of the initial directors expire June 1, 2021.
(c) Of the directors who replace an initial director, the
terms of six directors must expire June 1, 2023, and the terms of
five directors must expire June 1, 2025.
(d) This section expires September 1, 2025.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3923.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3923.0302. 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. 3923.0303. LOCATION OF IMPROVEMENT PROJECT. An
improvement project described by Section 3923.0302 may be located:
(1) in the district; or
(2) in an area outside but adjacent to the district if
the project is for the purpose of extending a public infrastructure
improvement beyond the district's boundaries to a logical terminus.
Sec. 3923.0304. 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. 3923.0305. 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. 3923.0306. 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. 3923.0307. 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. 3923.0308. 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. 3923.0309. 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 that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3923.0310. CONCURRENCE ON ADDITIONAL POWERS. If the
legislature grants the district a power that is in addition to the
powers approved by the initial resolution of the governing body of
the city consenting to the creation of the district, the district
may not exercise that power unless the governing body of the city
consents to that change by resolution.
Sec. 3923.0311. NO AD VALOREM TAX. The district may not
impose an ad valorem tax.
Sec. 3923.0312. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3923.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of signatures and
the procedure required for a disbursement or transfer of the
district's money.
Sec. 3923.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
an improvement project or service authorized under this chapter or
Chapter 375, Local Government Code, using any money available to
the district for that purpose.
Sec. 3923.0403. GENERAL POWERS REGARDING PAYMENT OF
DISTRICT BONDS, OBLIGATIONS, OR OTHER COSTS. The district may
provide or secure the payment or repayment of any bond, note, or
other temporary or permanent obligation or reimbursement or other
contract with any person and the costs and expenses of the
establishment, administration, and operation of the district and
the district's costs or share of the costs or revenue of an
improvement project or district contractual obligation or
indebtedness by:
(1) the imposition of a sales and use tax or an
assessment, user fee, concession fee, or rental charge; or
(2) any other revenue or resources of the district, or
other revenue authorized by the city, including revenues from a tax
increment reinvestment zone created by the city under applicable
law.
Sec. 3923.0404. 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) The petition 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. 3923.0405. 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 a
taxing unit, as that term is defined by Section 1.04, Tax Code, 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. 3923.0406. STORM WATER USER CHARGES. The district may
establish user charges related to the operation of storm water
facilities, including the regulation of storm water for the
protection of water quality in the district.
Sec. 3923.0407. NONPOTABLE WATER USER CHARGES. The
district may establish user charges for the use of nonpotable water
for irrigation purposes, subject to approval of the governing body
of the city.
Sec. 3923.0408. COSTS FOR IMPROVEMENT PROJECTS. The
district may undertake separately or jointly with other persons,
including the city or county, all or part of the cost of an
improvement project, including an improvement project:
(1) for improving, enhancing, and supporting public
safety and security, fire protection and emergency medical
services, and law enforcement in or adjacent to the district; or
(2) that confers a general benefit on the entire
district or a special benefit on a definable part of the district.
Sec. 3923.0409. ASSESSMENT ABATEMENTS. The district may
designate reinvestment zones and may grant abatements of
assessments on property in the zones.
Sec. 3923.0410. PROPERTY EXEMPT FROM IMPACT FEES. The
district may not impose an impact fee on a residential property,
including a multiunit residential property, or a condominium.
Sec. 3923.0411. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM
ASSESSMENTS AND FEES. The district may not impose an assessment,
impact fee, or standby fee on the property, including the
equipment, rights-of-way, easements, facilities, or improvements,
of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility, as defined by Section 101.003 or
121.001, Utilities Code, or a person who owns pipelines used for the
transportation or sale of oil or gas or a product or constituent of
oil or gas;
(3) a person who owns pipelines used for the
transportation or sale of carbon dioxide;
(4) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(5) a cable service provider or video service provider
as defined by Section 66.002, Utilities Code.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3923.0501. SALES AND USE TAX. (a) The district may
impose a sales and use tax if authorized by a majority of the voters
of the district voting at an election called for that purpose.
Revenue from the tax may be used for any district purpose.
(b) The district may not adopt a sales and use tax if as a
result of the adoption of the tax the combined rate of all sales and
use taxes imposed by the district and other political subdivisions
of this state having territory in the district would exceed two
percent at any location in the district.
(c) If the voters of the district approve the adoption of
the tax at an election held on the same election date on which
another political subdivision adopts a sales and use tax or
approves an increase in the rate of its sales and use tax and as a
result the combined rate of all sales and use taxes imposed by the
district and other political subdivisions of this state having
territory in the district would exceed two percent at any location
in the district, the election to adopt a sales and use tax under
this chapter has no effect.
Sec. 3923.0502. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue, by public or private sale, bonds, notes, or
other obligations payable wholly or partly from sales and use taxes
or assessments in the manner provided by Subchapter A, Chapter 372,
or Subchapter J, Chapter 375, Local Government Code.
(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.
Sec. 3923.0503. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
SUBCHAPTER F. DISSOLUTION
Sec. 3923.0601. DISSOLUTION BY CITY ORDINANCE. The city by
ordinance may dissolve the district.
Sec. 3923.0602. DISSOLUTION BY BOARD OR PETITION. The
board:
(1) may dissolve the district; and
(2) shall dissolve the district on receipt of a
written petition requesting dissolution signed by a majority of the
owners of real property in the district.
Sec. 3923.0603. 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, 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. 3923.0604. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
After the district is dissolved, 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) After the district is dissolved, the board shall
transfer ownership of all district property to the city.
SECTION 2. The East Houston Management District initially
includes all the territory contained in the following area:
The described area is +/- 2,438 acres (3.81 sq. miles) in size and
is centered on Market Street and N. Wayside Drive in East Houston.
The area is generally bounded by N. McCarty St., Amtrak Rail Spur
and MNCW Railway on the east, Clinton Dr. & Greater East End
District on the south, Southern Pacific Railway on the west and
Wallisville Rd. on the north.
Beginning at a point where the right-of-way (ROW) centerline of
Wallisville Road intersects with the ROW centerline of N. McCarty
St. then southwest and south along ROW centerline of N. McCarty
St. to a point west of northwest corner of 12.85 acre tract (ABST 8
J BROWN TR 15);
Then east along north boundary of said 12.85 acre tract, 0.8562 acre
tract (GLENDALE TR 25A-1), and 6.8903 acre tract (GLENDALE TRS
25C-2 & 29D & 29H) to west easement of HB&T rail spur;
Then generally southeast and south along west easement of HB&T rail
spur and east boundary of 2.644 acre tract (GLENDALE TR 29B),
12.3965 acre tract (GLENDALE TRS 25C 29 29D & 33A), 8.0352 acre
tract (GLENDALE TRS 33D), and 0.6528 acre tract (GLENDALE TRS 33C &
33E) to south ROW of Munn St.;
Then west along south ROW of Munn St. to northeast corner of 0.1148
acre parcel (PORT HOUSTON NS LT 8 BLK 36);
Then south along east boundary of said 0.1148 acre parcel, and east
boundary of PORT HOUSTON NS Subdivision to southeast corner of
0.8035 acre parcel (PORT HOUSTON NS LTS 6 THRU 11 & TRS 5B & 12B BLK
61);
Then west along south boundary of said 0.8035 acre parcel to a point
north of northeast corner of 0.1148 acre parcel (PORT HOUSTON NS TR
R20 BLK 62);
Then south across ROW of Tuffly St., and along east boundary of
0.1148 acre parcel (PORT HOUSTON NS TR R20 BLK 62), and east
boundary of PORT HOUSTON NS TR R20 BLK 67, TR R20 BLK 68, TR R20 BLK
73, TR R20 BLK 74, TR R20 BLK 80, TR R20 BLK 81 and TR R20 BLK 84 to
south easement of a HB&T railway;
Then southeast and east along south easement of HB&T railway to ROW
centerline of Interstate Hwy 610 E;
Then south along ROW centerline of Interstate Hwy 610 E to ROW
centerline of Clinton Dr. and coincident boundary line of Greater
East End District (East End Boundary);
Then northwest along ROW centerline of Clinton Dr. and East End
Boundary to west ROW of Dorsett St.;
Then north along west ROW of Dorsett St. and East End Boundary to
south ROW of Tilgham St.;
Then west along south ROW of Tilgham St. and East End Boundary to
east ROW of Labco St.;
Then north along east ROW of Labco St. and East End Boundary to
south ROW of Market St.;
Then generally east along south ROW of Market St. and East End
Boundary to east ROW of Dorsett St.;
Then north along east ROW of Dorsett St. and East End Boundary to
ROW centerline of Lyons Ave.;
Then west along ROW centerline of Lyons Ave. and East End Boundary
to ROW centerline of Crown St.;
Then south along ROW centerline of Crown St. and East End Boundary
to ROW centerline of Market St.;
Then generally east along ROW centerline of Market St. and East End
Boundary to west ROW of N. Wayside Dr./US 90-A Hwy West
(southbound);
Then south across ROW of N. Wayside Dr. and along East End Boundary
line to north easement of Amtrak Railway;
Then northwest along north easement of Amtrak Railway and East End
Boundary line to ROW centerline of Clinton Dr.;
Then generally west and west northwest along ROW centerline of
Clinton Dr. and East End Boundary line to east ROW of Lockwood Dr.;
Then north along east ROW of Lockwood Dr. to south easement
Southern Pacific Railway;
Then east southeast along south easement of Southern Pacific
Railway to a point northeast of northeast corner of 1.0752 acre
parcel (GOLDEN TEX RES A) and railway split;
Then generally northeast and north along east easement of Southern
Pacific Railway to ROW centerline of Wallisville Road;
Then east and east northeast along ROW centerline of Wallisville
Road to west ROW of N. McCarty St. and beginning point of +/- 2,438
acre tract.
Save and except tract located at 1320 Boyles St. and being a tract
of land containing 22,541 square feet (called 22,546 square feet)
situated in the W.P. Harris and Robert Wilson Survey, Abstract
No. 32, City of Houston, Harris County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8-inch iron rod found at the intersection of the
centerline of Palestine Street (60 feet wide) with the centerline
of Boyles Street (60 feet wide);
THENCE South 00 deg. 02 min. 30 sec. West along the centerline of
said Boyles Street, a distance of 1035.85 (called 1034.97');
THENCE WEST, a distance of 30.00 feet to a 1/2-inch iron rod found
for the Southeast corner and POINT OF BEGINNING of the herein
described 22,541 square foot parcel, said corner also being the
Northeast corner of that 46,859 square foot parcel described in
Harris County Clerk's File No. N442918;
THENCE continuing WEST along the North line of said 46,859 square
foot parcel, a distance of 225.37 feet to a 5/8-inch iron rod found
for the Southwest corner, same being the Northwest corner of said
46,859 square foot parcel, in the East line of a 43 foot wide
easement conveyed to Houston Belt and Terminal Railway Company and
Texas and New Orleans Railroad Company;
THENCE North along the East line of said 43 foot wide railroad
easement, a distance of 100.00 feet to a 5/8-inch iron rod found for
the Northwest corner, same being the Southwest corner of a 50' x
225,3' tract described in Harris County Clerk's File No. K935912;
THENCE EAST along the South line of said 50' x 225.3' tract, a
distance of 225.44 feet (called225.46') to a 5/8-inch iron rod
found for the Northeast corner in the West right-of-way line of said
Boyles Street;
THENCE South 00 deg. 02 min. 30 sec. West along the West line of said
Boyles Street, a distance of 100.00 feet to the POINT OF BEGINNING
of 22,541 sq. foot Save and except tract.
Save and except tract located at 1335 Boyles St. and being a 4.4067
acre tract of land situated in the City of Houston, Harris County,
Texas, and out of the Harris and Wilson Two-League Grant, Abstract
32, also being the same tract of land described in the Deed of Trust
Recorded in Harris County Clerk's File No. K920750, said 4.4067
acre tract of land being more particularly described by metes and
bounds as follows:
COMMENCING at a bolt found for the centerline intersection of
Palestine Street (a 30 foot right-of-way) with Boyles Street (a 60
foot right-of-way);
THENCE with the centerline of Boyles Street, South 00 degrees 00
minutes 00 seconds east, a distance of 915.78 feet to a point for
corner;
THENCE North 90 degrees 00 minutes 00 seconds east, a distance of30
feet to a 5/8 inch iron ROD found in the easterly right-of-way line
of Boyles Street for the point of beginning and being the northwest
comer of the herein described tract;
THENCE North 90 degrees 00 minutes 00 seconds east, a distance of
225.96 feet to a 5/8 inch iron rod set for the northeast comer of the
herein described tract;
THENCE South 00 degrees 00 minutes 00 seconds east, along the west
line of a 40 foot wide joint railroad easement, a distance of 788.02
feet to a 5/8 inch iron rod set for the point of curvature of curve
to the right having a radius of 361.56 feet;
THENCE with said curve to the right through a central angle of 09
degrees 52 minutes 14 seconds, an arc distance of 62.29 feet to a
5/8 inch iron rod set for the southeast corner of the herein
described tract;
THENCE South 90 degrees 00 minutes 00 seconds west, a distance of
220.61 feet to a 5/8 inch iron rod found for corner in the easterly
right-of-way line of Boyles Street;
THENCE with the easterly right-of-way line of Boyles Street, north
00 degrees 00 minutes 00 seconds west, a distance of 850.00 feet to
the point of beginning of 4.4067 acre (191,956 square feet) Save and
except tract.
Save and except tract located at 5719 Clinton Drive and being a
2.141 acre (93,244 square foot) tract situated in the Harris and
Wilson Two League Grant, Abstract No. 32, Houston, Harris County,
Texas, and being all of that certain called 2.1405 acre tract
conveyed to Hai I Nguyen and Nga T Nguyen, described in Warranty
Deed filed under County Clerk's File No U195916, Film Code No. 530-
37- 1359 of the Official Public Records of Real Property of Harris
County, Texas, said 2.141 acre tract being more particularly
described by metes and bounds as follows, with the basis of bearings
being the deed calls for said 2.1405 acre tract:
BEGINNING at a 3-inch galvanized pipe fence post marking the
southeast corner of said 2.1405 acre tract, and also being the
intersection of the northeast right-of-way line of Clinton Drive
(120 foot width) and the northwest right-of-way line of Kress
Street (80 foot width - unimproved};
THENCE North 71 deg. 10 min. 3O sec. West, with the southwest line
of said 2.1405 acre tract, some being the said northeast right- of-
way line of Clinton Drive, a distance of 375.00 feet to a 5/8-inch
iron rod with cap {stamped "Weisser Eng., Houston, TX") set marking
the southwest comer of said 2.1405 acre tract, some being the
southeast corner of that certain called 37,297.5 square foot tract
conveyed to The 117 Corporation, described in Deed filed under
County Clerk's File No. D242296, Film Code No. 124-21-0871 of said
Official Public Records, and from which a 3-inch galvanized pipe
fence post found bears South 67 deg. 03 min East, 0.91 feet;
THENCE North 18 deg. 49 min 30 sec. East, with the northwest line of
said 2.1405 acre tract, some being the southeast line of said
37,297.5 square foot tract. a distance of 248.65 feet to o 5/8-inch
iron rod found marking the northwest corner of so1d 2.1405 acre
tract, same being the northeast corner of said 37,297.5 square foot
tract, and being in the southwest line of the Southern Pacific
Railroad right-of-way;
THENCE South 71 deg, 10 min. 30 sec. East, with the northeast line
of said 2.1405 acre tract, same being the said southwest line of the
Southern Pacific Railroad right-of-way, o distance of 375.00 feet
to the northeast comer of said 2.1405 acre tract. same being the
northwest terminus of said Kress Street, from which a 5/8-inch iron
rod found bears South 28 deg. 29 min. East, 0.27 feet;
THENCE South 18 deg. 49 min. 30 sec. West, with the southeast
line of said 2.1405 acre tract, some being the said northwest
right-of-way line of Kress Street. a distance of 248.65 feet to the
POINT OF BEGINNING of 2.141 acres (93,244 square feet) Save and
except tract.
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, 2019.
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