Bill Text: TX HB3173 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the powers of the Harris County Improvement District No. 17 and to the creation of the East Lake Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [HB3173 Detail]
Download: Texas-2017-HB3173-Introduced.html
Bill Title: Relating to the powers of the Harris County Improvement District No. 17 and to the creation of the East Lake Houston Management District; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [HB3173 Detail]
Download: Texas-2017-HB3173-Introduced.html
85R8261 SMT-F | ||
By: Bell | H.B. No. 3173 |
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relating to the creation of the East Lake 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 3936 to read as follows: | ||||||
CHAPTER 3936. EAST LAKE HOUSTON MANAGEMENT DISTRICT | ||||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||||
Sec. 3936.001. DEFINITIONS. In this chapter: | ||||||
(1) "Board" means the district's board of directors. | ||||||
(2) "City" means the city of Houston. | ||||||
(3) "Director" means a board member. | ||||||
(4) "District" means the East Lake Houston Management | ||||||
District. | ||||||
Sec. 3936.002. CREATION AND NATURE OF DISTRICT. The | ||||||
district is a special district created under Section 59, Article | ||||||
XVI, Texas Constitution. | ||||||
Sec. 3936.003. 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. 3936.004. 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; | ||||||
(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. 3936.005. 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 tax; or | ||||||
(4) legality or operation. | ||||||
Sec. 3936.006. 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. | ||||||
(c) A tax increment reinvestment zone created by the city in | ||||||
the district is not subject to the limitations provided by Section | ||||||
311.006(b), Tax Code. | ||||||
Sec. 3936.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||||||
Chapter 375, Local Government Code, applies to the district. | ||||||
Sec. 3936.008. 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. 3936.051. GOVERNING BODY; TERMS. 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. | ||||||
Sec. 3936.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY | ||||||
CITY. To be qualified to serve as a director appointed by the | ||||||
governing body of the city, a person must be: | ||||||
(1) a resident of the district who is also a registered | ||||||
voter of the district; | ||||||
(2) an owner of property in the district; | ||||||
(3) 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; | ||||||
(4) an owner of a beneficial interest in a trust, or a | ||||||
trustee in a trust, that directly or indirectly owns property in the | ||||||
district; | ||||||
(5) an agent, employee, or tenant of a person | ||||||
described by Subdivision (2), (3), or (4); or | ||||||
(6) an initial director. | ||||||
Sec. 3936.053. APPOINTMENT OF DIRECTORS. The governing | ||||||
body of the city shall appoint directors from persons recommended | ||||||
by the board. | ||||||
Sec. 3936.054. VACANCY. If a vacancy occurs on the board, | ||||||
the remaining directors shall appoint a director for the remainder | ||||||
of the unexpired term. | ||||||
Sec. 3936.055. 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. 3936.056. QUORUM. A vacant director position is not | ||||||
counted for purposes of establishing a quorum. | ||||||
Sec. 3936.057. 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. 3936.058. 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. 3936.059. 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. 3936.060. NO EXECUTIVE COMMITTEE. The board may not | ||||||
create an executive committee to exercise the powers of the board. | ||||||
Sec. 3936.061. BOARD MEETINGS. The board shall hold | ||||||
meetings at a place accessible to the public. | ||||||
Sec. 3936.062. INITIAL DIRECTORS. (a) The initial board | ||||||
consists of: | ||||||
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(b) The terms of the initial directors expire June 1, 2019. | ||||||
(c) Of the directors who replace an initial director, the | ||||||
terms of directors serving in positions 1 through 3 expire June 1, | ||||||
2021, and the terms of directors serving in positions 4 and 5 expire | ||||||
June 1, 2023. | ||||||
(d) Section 3936.052 does not apply to initial directors | ||||||
under this section. | ||||||
(e) This section expires September 1, 2023. | ||||||
SUBCHAPTER C. POWERS AND DUTIES | ||||||
Sec. 3936.101. GENERAL POWERS AND DUTIES. The district has | ||||||
the powers and duties necessary to accomplish the purposes for | ||||||
which the district is created. | ||||||
Sec. 3936.102. 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 project or service authorized under this chapter or | ||||||
Chapter 375, Local Government Code. | ||||||
Sec. 3936.103. LOCATION OF IMPROVEMENT PROJECT. An | ||||||
improvement project described by Section 3936.102 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. 3936.104. 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. 3936.105. 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. 3936.106. 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. 3936.107. LAW ENFORCEMENT SERVICES. To protect the | ||||||
public interest, the district may contract with a qualified party, | ||||||
including the city or a county, to provide law enforcement services | ||||||
in the district for a fee. | ||||||
Sec. 3936.108. 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. 3936.109. 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. 3936.110. REAL PROPERTY RESTRICTIONS. (a) The | ||||||
district may adopt restrictions on the use of real property in the | ||||||
district. | ||||||
(b) The district may enforce restrictions on the use of real | ||||||
property in the district in the manner provided for a municipal | ||||||
utility district by Section 54.237, Water Code. | ||||||
Sec. 3936.111. MUNICIPAL UTILITY DISTRICT POWERS. The | ||||||
district has the powers granted to a municipal utility district by | ||||||
Subchapter D, Chapter 54, Water Code. | ||||||
Sec. 3936.112. 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. 3936.113. NO EMINENT DOMAIN POWER. The district may | ||||||
not exercise the power of eminent domain. | ||||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||||||
Sec. 3936.151. 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. 3936.152. 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. | ||||||
Sec. 3936.153. 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 an ad valorem tax or 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. 3936.154. 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. 3936.155. 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. 3936.156. 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. | ||||||
Sec. 3936.157. 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. 3936.158. 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. 3936.159. COSTS FOR IMPROVEMENT PROJECTS. The | ||||||
district may undertake separately or jointly with other persons, | ||||||
including the city or a 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. 3936.160. TAX AND ASSESSMENT ABATEMENTS. The district | ||||||
may designate reinvestment zones and may grant abatements of a tax | ||||||
or assessment on property in the zones. | ||||||
Sec. 3936.161. POWERS OF MUNICIPAL UTILITY DISTRICT TO | ||||||
ESTABLISH DEFINED AREAS AND DESIGNATED PROPERTY; TAXES; BONDS. The | ||||||
district has the powers of a municipal utility district under | ||||||
Subchapter J, Chapter 54, Water Code, including the power to: | ||||||
(1) implement a plan; | ||||||
(2) issue bonds; and | ||||||
(3) impose a tax in a defined area established under | ||||||
that subchapter. | ||||||
SUBCHAPTER E. TAXES AND BONDS | ||||||
Sec. 3936.201. TAX ABATEMENT. The district may enter into a | ||||||
tax abatement agreement in accordance with the general laws of this | ||||||
state authorizing and applicable to a tax abatement agreement by a | ||||||
municipality. | ||||||
Sec. 3936.202. PROPERTY TAX AUTHORIZED. (a) The district | ||||||
may impose an ad valorem tax on all taxable property in the district | ||||||
to: | ||||||
(1) pay for an improvement project of the types | ||||||
authorized by Section 52(b), Article III, and Section 59, Article | ||||||
XVI, Texas Constitution, and Chapter 54, Water Code; or | ||||||
(2) secure the payment of bonds issued for a purpose | ||||||
described by Subdivision (1). | ||||||
(b) The district may not impose an ad valorem tax to pay for | ||||||
an improvement project under this chapter unless the imposition is | ||||||
approved by the voters of the district voting at an election held | ||||||
for that purpose. The board may call an election to approve the | ||||||
imposition of an ad valorem tax to pay for an improvement project | ||||||
under this chapter only if the board receives a petition requesting | ||||||
the election signed by: | ||||||
(1) more than 51 percent of the record owners of real | ||||||
property in the district subject to taxation; or | ||||||
(2) owners representing more than 51 percent of the | ||||||
appraised value of real property in the district subject to | ||||||
taxation, as determined by the tax rolls of the appraisal district. | ||||||
Sec. 3936.203. 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 purpose for which ad | ||||||
valorem tax revenue of the district may be used. | ||||||
(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. 3936.204. BONDS AND OTHER OBLIGATIONS. (a) The | ||||||
district may issue, by public or private sale, bonds, notes, or | ||||||
other obligations payable wholly or partly from ad valorem taxes, | ||||||
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. 3936.205. BOND MATURITY. Bonds may mature not more | ||||||
than 40 years from their date of issue. | ||||||
Sec. 3936.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At | ||||||
the time bonds or other obligations payable wholly or partly from ad | ||||||
valorem taxes are issued: | ||||||
(1) the board shall impose a continuing direct annual | ||||||
ad valorem tax for each year that all or part of the bonds are | ||||||
outstanding; and | ||||||
(2) the district annually shall impose an ad valorem | ||||||
tax on all taxable property in the district in an amount sufficient | ||||||
to: | ||||||
(A) pay the interest on the bonds or other | ||||||
obligations as the interest becomes due; and | ||||||
(B) create a sinking fund for the payment of the | ||||||
principal of the bonds or other obligations when due or the | ||||||
redemption price at any earlier required redemption date. | ||||||
SUBCHAPTER F. DISSOLUTION | ||||||
Sec. 3936.251. DISSOLUTION BY CITY ORDINANCE. (a) The city | ||||||
by ordinance may dissolve the district. | ||||||
(b) The city may not dissolve the district until the | ||||||
district's outstanding debt or contractual obligations that are | ||||||
payable from ad valorem taxes have been repaid or discharged, or the | ||||||
city has affirmatively assumed the obligation to pay the | ||||||
outstanding debt from city revenue. | ||||||
Sec. 3936.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. | ||||||
(a) If the dissolved district has bonds or other obligations | ||||||
outstanding secured by and payable from assessments or other | ||||||
revenue, other than ad valorem taxes, the city shall succeed to the | ||||||
rights and obligations of the district regarding enforcement and | ||||||
collection of the assessments or other revenue. | ||||||
(b) The city shall have and exercise all district powers to | ||||||
enforce and collect the assessments or other revenue to pay: | ||||||
(1) the bonds or other obligations when due and | ||||||
payable according to their terms; or | ||||||
(2) special revenue or assessment bonds or other | ||||||
obligations issued by the city to refund the outstanding bonds or | ||||||
obligations. | ||||||
Sec. 3936.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a) | ||||||
After the city dissolves the district, the city assumes, subject to | ||||||
the appropriation and availability of funds, the obligations of the | ||||||
district, including any bonds or other debt payable from | ||||||
assessments or other district revenue. | ||||||
(b) If the city dissolves the district, the board shall | ||||||
transfer ownership of all district property to the city. | ||||||
SECTION 2. The East Lake Houston Management District | ||||||
initially includes all the territory contained in the following | ||||||
area: | ||||||
Tract 1 or East Lake Houston Tract is +/- 137 acres, within the F. | ||||||
Rankin Survey Abstract (No. 57) and situated southwest of | ||||||
intersection Crosby Huffman Road (Farm-to-Market Road 2100) and Old | ||||||
Atascocita Road in northeast Harris County with point of beginning | ||||||
being southeast corner of +/- 137 acre tract (ABST 57 F H RANKIN TRS | ||||||
8A & 8B) and west Right-Of-Way (ROW) of Crosby Huffman Road (FM | ||||||
2100) and north boundary of Spanish Cove Subdivision Section 2; | ||||||
Then generally west along south boundary of said 137 acre tract, and | ||||||
north boundary of Spanish Cove Subdivision Sections 1-2 to east ROW | ||||||
Union Pacific Railway (former BSL&W); | ||||||
Then northeast along the east ROW of Union Pacific Railway (former | ||||||
BSL&W) to a point southeast of northeast corner of 0.2914 acre | ||||||
parcel (ABST 57 F H RANKIN TRS 8B-1 & 8B-2 (LIFT STATION) (PT NM)); | ||||||
Then northwest across ROW of Union Pacific Railway and along south | ||||||
boundary of said +/- 137 acre tract to northeast corner of said | ||||||
0.2914 acre parcel; | ||||||
Then west along south boundary of said +/- 137 acre tract and north | ||||||
boundary of said 0.2914 acre parcel to northwest corner of said | ||||||
0.2914 acre parcel; | ||||||
Then south along boundary line of said +/- 137 acre tract and west | ||||||
boundary of said 0.2914 acre parcel to southwest corner of said | ||||||
0.2914 parcel and north boundary of 0.455 acre parcel (SPANISH COVE | ||||||
SEC 1 LT 44 BLK 1); | ||||||
Then west along boundary line of said +/- 137 acre tract and north | ||||||
boundary of said 0.455 acre parcel, and 0.499 acre parcel (SPANISH | ||||||
COVE SEC 1 LT 43 BLK 1) to southwest corner of said +/- 137 acre | ||||||
tract; | ||||||
Then northeast and north along the west boundary of said +/- 137 | ||||||
acre tract to northwest corner of said tract and southwest corner of | ||||||
0.73 acre tract (ABST 57 F H RANKIN TRS 1E 1F 1G & 1K); | ||||||
Then east along north boundary of said +/- 137 acre tract, across | ||||||
ROW of Union Pacific Railway to northeast corner of said tract and | ||||||
west ROW of Crosby Huffman Road (FM 2100); | ||||||
Then south along east boundary of said +/- 137 acre tract and west | ||||||
ROW of Crosby Huffman Road (FM 2100) to southeast corner of said +/- | ||||||
137 acre tract and point of beginning of +/-137 acre Tract 1; | ||||||
Tract 2 or Red Wolf Tract is +/- 298 acres (called 296.28 acres), is | ||||||
situated 1.3 miles northeast of intersection of Humble-Crosby Road | ||||||
(Farm-to-Market Road 2100) and Luce Bayou (trib. to Lake Houston) | ||||||
in northeast Harris County and being out of and a part of the JOHN R. | ||||||
RHEA SURVEY, A-62, Harris County, Texas, and being composed of that | ||||||
called 296.28 acre tract referred to as Exhibit A-2 in deed from | ||||||
Donald T. Keller, Jr., and Sanford G. Cohen as Substitute Trustees | ||||||
to LBP Properties, LLC as recorded in Harris County Clerk's File | ||||||
(HCCF) 20100142110 and that called 0.1261 acre tract conveyed to PB | ||||||
Advantage, LLC, a Texas limited liability company by LBP | ||||||
Properties, LLC, as recorded in HCCF 20110468701 and being more | ||||||
particularly described by metes and bounds as follows: | ||||||
The bearings in this description are based on the Texas State Plane | ||||||
Coordinate System, South Central Zone, NAD 83, as determined from | ||||||
GPS observations. | ||||||
BEGINNING at the northeast corner of a called 296.28 acre tract | ||||||
described in Exhibit "A-2" of HCCF 201001412110, said point being a | ||||||
brass disk in concrete, said point also being an interior corner of | ||||||
a called 530.18 acre tract designated Tract 2 Parcel D in that | ||||||
certain deed to Ned Holmes, recorded in HCCF F520006; | ||||||
THENCE along the east line of the called 296.28 acre tract and a | ||||||
westerly line of the said Holmes tract S 03°06'44" E a distance of | ||||||
3,188.97 feet (called S 00°24'06" E 3,186.25 feet) to a 5/8" iron rod | ||||||
found for corner in the southwest line of a Gulf States Utilities | ||||||
150' easement, same being the northeast line of Fairway Crossing At | ||||||
Lake Houston Sec Two, the map of which is recorded in HCCF# 420032; | ||||||
THENCE N 65°09'42" W along the northeast line of said subdivision | ||||||
and the southwest line of said easement a distance of 1,333.90 feet | ||||||
(called N 62°58'31"W 1,333.99 feet) to a 1/2"" iron rod found for | ||||||
corner at the intersection of the northeast line of said Fairway | ||||||
Crossing At Lake Houston Sec Two, and the easterly line of that | ||||||
certain called 14.49712 acre tract referred to as Tract C, Exhibit | ||||||
"2-C" as recorded in HCCF 20100142110; | ||||||
THENCE along the easterly line of said called 14.49712 acre tract as | ||||||
follows: | ||||||
N 80°54'19" E 236.13 feet (called N 82°01'21" E 243.56 feet in the | ||||||
called 296.28 acre description and N 83°50'49" E 235.81 feet in the | ||||||
called 14.49712 acre description) to a 1/2" iron rod found for | ||||||
corner; | ||||||
N 14°01'16" W 928.56 feet (called N 11°17'34" W 926.79 feet in the | ||||||
called 296.28 acre description and N 11°01'17" W 926.79 feet in the | ||||||
called 14.49712 acre description) to a 16d nail found for corner; | ||||||
N 25°46'00" E 391.76 feet (called N 28°05'34" E 381.49 feet in the | ||||||
called 296.28 acre description and N 28°30'46" E 392.75 feet in the | ||||||
called 14.49712 acre description) to a 1/2" iron rod found for | ||||||
corner; | ||||||
N 02°01'06" E 308.36 feet (called N 05°11'44" E 307.39 feet in the | ||||||
called 296.28 acre description and N04°58'01"E 308.33 feet in the | ||||||
called 14.49712 acre description) to a 1/2" iron rod found for | ||||||
corner; | ||||||
N 61°46'38" W 210.87 feet (called N 56°09'08" W 213.35 feet in the | ||||||
called 296.28 acre description and N58°49'35" W 210.71 feet in the | ||||||
called 14.49712 acre description) to a 1/2" iron rod found for | ||||||
corner; | ||||||
S 28°09'20" W 152.72 feet (called S 31°20'05" W 163.96 feet in the | ||||||
called 296.28 acre description and S 31°10'25"W 152.63 feet in the | ||||||
called 14.49712 acre description ) to a 1/2" iron rod found for | ||||||
corner; | ||||||
S 61°51'40" E 29.90 feet (called S 58°41'04" E 30.00 feet in the | ||||||
called 296.28 acre description and S 58°49'35"E 30.00 feet in the | ||||||
called 14.49712 acre description) to a bent 1/2" iron rod found for | ||||||
corner; | ||||||
S 19°54'48" W 732.14 feet (called S 22°57'53" W 729.79 feet in the | ||||||
called 296.28 acre description and S 22°53'35" W 732.05 feet in the | ||||||
called 14.49712 acre description) to a 1/2" iron rod found for | ||||||
corner; | ||||||
S 24°55'18" E 724.63 feet (called S 21°38'23" E 725.62 feet in the | ||||||
called 296.28 acre description and S 21°57'23"E 724.64 feet in the | ||||||
called 14.49712 acre description) to 1/2" iron rod found for | ||||||
corner; | ||||||
S 80°53'45" W 342.17 feet (called S 84°10'59" W 339.44 feet in the | ||||||
called 296.28 acre description and S 83°50'49"W 342.64 feet in the | ||||||
called 14.49712 acre description) to a 5/8" iron rod with plastic | ||||||
cap set for corner; | ||||||
S 51°55'05" W 75.08 feet (called S 55°24'45" W 77.82 feet in the | ||||||
called 296.28 acre description and S 4°52'09"W 74.46 feet in the | ||||||
called 14.49712 acre description) to a 1/2" iron rod found for | ||||||
corner; | ||||||
S 55°56'57" W 171.23 feet (called S 59°02'06" W 171.45 feet in the | ||||||
called 296.28 acre description and S 58°53'35" W 171.45 feet in the | ||||||
called 14.49712 acre description) to a 5/8" iron rod found for | ||||||
corner; | ||||||
S 35°29'07" W 491.18 feet (called S 38°34'34" W 490.92 feet in the | ||||||
called 296.28 acre description and S 38°26'03" W 490.92 feet in the | ||||||
called 14.49712 acre description) to a bent 1/2" iron rod found for | ||||||
corner; | ||||||
S 31°08'26" W 85.71 feet (called S 34°13'30" W 85.80 feet in the | ||||||
called 296.28 acre description and S34°05'04"W 85.80 feet in the | ||||||
called 14.49712 acre description) to a 5/8" iron rod found for | ||||||
corner at the northernmost corner of the above called 0.1261 acre | ||||||
tract; same being the southwesterly corner of the called 14.49712 | ||||||
acre tract; | ||||||
THENCE S 50°37'55" E 92.81 feet (called S 48°03'42" E 94.48 feet) | ||||||
along the southerly line of the called 14.49712 acre tract and the | ||||||
northerly line of the called 0.1261 acre tract to a 5/8" iron rod | ||||||
found for corner at the westernmost corner of Lot 1, Block 4 of | ||||||
Fairway Crossing At Lake Houston Sec Two, the map of which is | ||||||
recorded in Film Code 420032, and being the northwest corner of | ||||||
North Fairway Oaks Drive, a 60' wide right of way; | ||||||
THENCE S 33°15'47" W 60.29 feet (plat call S 36°25'22" W 60.28 | ||||||
feet)along the west end of North Fairway Oaks Drive and the east | ||||||
line of the called 0.1261 acre tract to a 1/2" iron rod found for | ||||||
corner at the southwest corner of North Fairway Oaks Drive and the | ||||||
northwest corner of Lot 2, Block 5, same being the northeasterly | ||||||
corner of that certain called 12.68949 acre tract referred to as | ||||||
Tract B, Exhibit "2 B" in the aforementioned HCCF 20100142110; | ||||||
THENCE N 50°37'55" W 90.55 feet (called N 48°03'44" W 92.00 feet in | ||||||
the called 12.68949 acre description) along the south line of the | ||||||
called 0.1261 acre tract and the north line of the called 12.68949 | ||||||
acre tract to a bent 1/2" iron rod found at the westernmost corner | ||||||
of the called 0.1261 acre tract and the northwest corner of the | ||||||
called 12.68949 acre tract; | ||||||
THENCE along the westerly line of the called 12.68949 acre tract as | ||||||
follows: | ||||||
S 69°35'25"W 128.56 feet (called S 72°46'05" W 128.85 feet in the | ||||||
called 296.28 acre tract and S 72°37'34"W 128.85 feet in the called | ||||||
12.68949 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 75°15'33"W 892.23 feet (called S 78°21'40" W 892.22 feet in the | ||||||
called 296.28 acre tract and S 78°13'09"W 892.22 feet in the called | ||||||
12.68949 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 45°02'53"W 488.53 feet (called S 48°07'53" W 488.36 feet in the | ||||||
called 296.28 acre tract and S 47°59'22"W 488.36 feet in the called | ||||||
12.68949 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 30°53'17"W 259.05 feet (called S 34°03'03" W 258.86 feet in the | ||||||
called 296.28 acre tract and S 33°54'32"W 258.86 feet in the called | ||||||
12.68949 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 14°22'04"W 125.12 feet (called S 16°58'32" W 125.63 feet in the | ||||||
called 296.28 acre tract and S 16°50'01" W 125.63 feet in the called | ||||||
12.68949 acre tract) to a 5/8" iron rod found for corner; | ||||||
S 58°04'53"W 122.13 feet (called S 61°45'16" W 122.45 feet in the | ||||||
called 296.28 acre tract and S 61°36'45" W 122.45 feet in the called | ||||||
12.68949 acre tract) to a bent 1/2" iron rod found for corner; | ||||||
S 20°15'20"W 79.05 feet (called S 23°00'26" W 79.80 feet in the | ||||||
called 296.28 acre tract and S 22°51'55" W 79.81 feet in the called | ||||||
12.68949 acre tract) to a 1/2" iron rod found for the westernmost | ||||||
corner of the called 12.678949 acre tract and the southernmost | ||||||
corner of the called 296.28 acre tract, said point falling in the | ||||||
north line of Golf View Lane, based on a width of 60 feet; access to | ||||||
Golf View Lane is denied based on a 1' buffer reserve per the | ||||||
recorded plat HCFC 619004; | ||||||
THENCE N 70°04'57"W a distance of 405.90 feet (called N 66°59'31" W | ||||||
407.83 feet) along the north line of Golf View Lane to a 3/4" iron | ||||||
rod found for corner at the intersection of the north line of Golf | ||||||
View Lane and the east line of a certain called 45.88444 acre tract | ||||||
referred to as Tract A, Exhibit 2-A, HCCF 20100142110; | ||||||
THENCE along the east line of the called 45.88444 acre tract as | ||||||
follows: | ||||||
N 27°27'07" E 103.92 feet (called N 34°19'47"E 106.12 feet in the | ||||||
called 296.28 acre tract) to a 1/2" iron rod found for corner; | ||||||
N 00°48'38" E 775.41 feet (called N 04°03'47" E 775.14 feet in the | ||||||
called 296.28 acre tract and N 03°55'16" E 775.14 feet in the called | ||||||
45.88444 acre tract) to a 1/2" iron rod found for corner; | ||||||
N 11°47'50" E 278.92 feet (called N 14°55'16" E 279.03 feet in the | ||||||
called 296.28 acre tract and N 14°46'45" E 379.00 feet in the called | ||||||
45.88444 acre tract) to a 1/2" iron rod found for corner; | ||||||
N 15°01'22" E 125.05 feet (called N 18°07'02" E 125.00 feet in the | ||||||
called 296.28 acre tract) to a 5/8" iron rod set for corner at the | ||||||
southwest corner of a called 0.2006 acre tract referred to as Tract | ||||||
H, Exhibit "2-H" in HCCF 20100142110; | ||||||
THENCE leaving the east line of the called 45.88444 acre tract and | ||||||
along the boundary of the called 0.2006 acre tract the following | ||||||
courses and distances: | ||||||
N 80°23'56" E 88.16 feet (called N 83°29'31" E 88.0 feet in the called | ||||||
296.28 acre tract and called N 83°21'00" E 88.00 feet in the called | ||||||
0.2006 acre tract) to a 5/8" iron rod found for corner; | ||||||
N 08°02'56" E 104.00 feet (called N 11°08'31" E 104.00 feet in the | ||||||
called 296.28 acre tract and called N 11°00'00" E 104.00 feet in the | ||||||
called 0.2006 acre tract) to a 5/8" iron rod found for corner; | ||||||
N 83°20'05" W 68.24 feet (called N 80°14'30" W 68.09 feet in the | ||||||
called 296.28 acre tract and called N 80°23'01" W 68.09 feet in the | ||||||
called 0.2006 acre tract) to a 5/8" iron rod found for corner in the | ||||||
east line of the called 45.88444 acre tract at the northwest corner | ||||||
of the called 0.2006 acre tract; | ||||||
THENCE along the east line of the called 45.88444 acre tract as | ||||||
follows: | ||||||
N 15°01'22"E 374.10 feet (called N 18°07'02" E 374.33 feet) to a 1/2" | ||||||
iron rod found for corner; N 04°42'24"W 268.97 feet (called | ||||||
N01°36'25"W 269.04 feet in the called 296.28 acre tract and | ||||||
N01°44'56"W 269.04 feet in the called 45.88444 acre tract) to a 5/8" | ||||||
iron rod found for corner; | ||||||
N 08°39'46"W 492.91 feet (called N 05°34'11" W 492.91 feet in the | ||||||
called 296.28 acre tract and N05°42'42"W 492.91 feet in the called | ||||||
45.88444 acre tract) to a 1/2" iron rod found for corner; | ||||||
N 27°20'18"W 157.05 feet (called N 24°24'44" W 154.74 feet in the | ||||||
called 296.28 acre tract and N24°33'15"W 154.74 feet in the called | ||||||
45.88444 acre tract) to a 1/2" iron rod found for corner; | ||||||
THENCE N 35°22'31"E 38.49 feet (called N 36°20'10" E 40.09 feet in | ||||||
the called 296.28 acre tract and N36°12'07"E 40.09 feet in the | ||||||
called 45.88444 acre tract) to a 1/2" iron rod found for the | ||||||
northeast corner of the called 45.88444 acre tract; | ||||||
THENCE N 86°36'57"E 126.94 feet (called N 89°43'13" E 126.82 feet in | ||||||
the called 296.28 acre tract) to a 1/2" iron rod found for corner | ||||||
same being the southeast corner of a called 17.75276 acre tract | ||||||
referred to as Tract D, Exhibit "2-D" as recorded in HCCF | ||||||
20100142110; | ||||||
THENCE along the perimeter of the called 17.75276 acre tract as | ||||||
follows: | ||||||
N 43°50'37" E 581.47 feet (called N 46°57'34" E 581.37 feet in the | ||||||
called 296.28 acre tract and N 46°49'03"E 581.37 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
N 49°55'28" E 351.83 feet (called N 53°01'09" E 351.94 feet in the | ||||||
called 296.28 acre tract and N 52°52'38"E 351.94 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
N 81°25'46" E 316.32 feet (called N 84°30'32" E 315.99 feet in the | ||||||
called 296.28 acre tract and N 84°22'01"E 315.99 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 28°09'17" E 207.98 feet (called S 24°59'15" E 208.09 feet in the | ||||||
called 296.28 acre tract and S 25°07'54"E 208.29 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
S69°24'27" E 688.15 feet (called S 66°21'05" E 688.15 feet in the | ||||||
called 296.28 acre tract and S 66°29'36"E 688.15 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
N79°02'26"E 754.79 feet (called N 82°10'03" E 754.71 feet in the | ||||||
called 296.28 acre tract and N 82°01'32"E 754.71 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
S61°49'53"E 48.38 feet (called S 58°41'04" E 48.22 feet in the called | ||||||
296.28 acre tract and S 58°49'35"E 48.22 in the called 17.75276 acre | ||||||
tract) to a 5/8" iron rod found for corner; | ||||||
N28°09'20"E 152.63 feet (called N 31°20'05" E 163.98 feet in the | ||||||
called 296.28 acre tract and N 31°10'25"E 152.63 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
N61°47'48"W 110.97 feet (called N 59°05'52" W 110.91 feet in the | ||||||
called 296.28 acre tract and N58°49'35"W 110.91 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
S85°38'08"W 703.20 feet (called S88°02'49" W 707.15 feet in the | ||||||
called 296.28 acre tract and S88°35'31"W 703.22 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
N 66°18'11"W 578.25 feet (called N 63°08'04" W 576.35 feet in the | ||||||
called 296.28 acre tract and N 63°20'34"W 578.20 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
N 07°07'29"E 119.96 feet (called N 09°48'52" E 120.00 feet in the | ||||||
called 296.28 acre tract and N 10°05'09"E 120.00 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
N 72°30'45"W 254.23 feet (called N 69°30'15" W 254.67 feet in the | ||||||
called 296.28 acre tract and N 69°29'18"W 254.20 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 77°07'40"W 613.42 feet (called S80°11'27" W 613.36 feet in the | ||||||
called 296.28 acre tract and S 80°02'56"W 613.36 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 66°31'16"W 74.51 feet (called S 69°48'19" W 74.55 feet in the | ||||||
called 296.28 acre tract and S 69°39'48"W 74.55 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 41°44'01"W 900.90 feet (called S 44°50'16" W 901.02 feet in the | ||||||
called 296.28 acre tract and S 44°41'45"W 901.02 feet in the called | ||||||
17.75276 acre tract) to a 1/2" iron rod found for corner at the | ||||||
southwest corner of the called 17.75276 acre tract; | ||||||
THENCE S 13°30'17"E 76.76 feet (called S 10°19'13"E 76.41 feet in the | ||||||
called 296.28 acre tract) to a 1/2" iron rod found at the northwest | ||||||
corner of the previously mentioned called 45.88444 acre tract; | ||||||
THENCE continuing along the west line of the called 45.88444 acre | ||||||
tract as follows: | ||||||
S 55°35'24" W 145.50 feet (called S 58°34'17" W 145.44 feet in the | ||||||
called 296.28 acre tract and S 58°25'45"W 145.44 feet in the called | ||||||
45.88444 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 00°34'21" W 338.38 feet (called S 03°41'22" W 338.21 feet in the | ||||||
called 296.28 acre tract and S 03°32'51"W 338.21 feet in the called | ||||||
45.88444 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 12°53'23" E 563.12 feet (called S 09°47'24" E 563.17 feet in the | ||||||
called 296.28 acre tract and S 09°55'55"E 563.17 feet in the called | ||||||
45.88444 acre tract) to a 1/2" iron rod found for corner; | ||||||
S 23°05'47" W 500.11 feet (called S 26°11'56" W 518.43 feet in the | ||||||
called 296.28 acre tract) to the center of Mexican Gully and the | ||||||
northernmost corner of Lot 4, Block 1 of Fairway Crossing At Lake | ||||||
Houston Sec 6, the map of which is recorded in HCCF 619004; | ||||||
THENCE along the centerline of Mexican Gully and the north line of | ||||||
Fairway Crossing At Lake Houston Sec 6 the following courses and | ||||||
distances: | ||||||
S 78°19'25" W 159.62 feet; | ||||||
S 58°33'36" E 50.18 feet; | ||||||
S 56°10'34" W 88.29 feet; | ||||||
S 69°58'30" W 134.39 feet; | ||||||
N 48°59'41" W 200.44 feet; | ||||||
S 68°19'46" W 248.22 feet; | ||||||
S 01°06'53" E 150.83 feet; | ||||||
S 67°24'23" W 245.65 feet; | ||||||
S 47°42'48" W 139.43 feet; | ||||||
S 12°08'51" E 74.49 feet; | ||||||
S 15°19'27" E121.44 feet to the center of Luce Bayou; | ||||||
THENCE along the center of Luce Bayou as follows: | ||||||
N 86°30'53" W39.56 feet; | ||||||
S 89°52'33" W129.23 feet; | ||||||
N 70°38'13" W178.22 feet; | ||||||
N 58°56'28" W146.63 feet; | ||||||
N 34°52'28" W137.27 feet; | ||||||
N 12°26'05" W211.68 feet; | ||||||
N 23°10'46" E87.01 feet; | ||||||
N 54°16'47" E83.54 feet; | ||||||
N 25°54'48" E133.66 feet; | ||||||
N 55°01'33" E55.56 feet; | ||||||
N 21°22'10" E106.67 feet; | ||||||
N 53°49'00" E86.13 feet; | ||||||
S 65°31'41" E93.18 feet; | ||||||
S 59°07'21" E87.78 feet; | ||||||
S 36°39'52" E78.63 feet; | ||||||
N 54°27'19" E255.38 feet; | ||||||
N 04°28'28" E236.87 feet; | ||||||
S 88°02'08" E373.40 feet; | ||||||
N 21°24'47" E130.93 feet; | ||||||
N 28°58'59" W310.88 feet; | ||||||
N 55°56'15" W276.86 feet; | ||||||
N 16°17'33" W180.44 feet; | ||||||
N 28°42'30" W175.44 feet; | ||||||
N 45°33'12" E324.30 feet; | ||||||
N 19°10'00" E200.32 feet; | ||||||
S 85°37'21" E129.05 feet; | ||||||
S 12°10'03" W162.50 feet; | ||||||
S 66°28'37" E214.05 feet; | ||||||
N 71°24'50" E176.10 feet; | ||||||
N 32°58'25" W471.75 feet; | ||||||
N 23°27'47" E147.60 feet; | ||||||
S 59°20'36" E281.49 feet; | ||||||
N 04°07'09" E75.17 feet; | ||||||
N 20°56'02" W293.88 feet; | ||||||
N 31°07'23" E133.76 feet; | ||||||
N 40°22'47" E236.30 feet; | ||||||
S 52°04'44" E175.06 feet; | ||||||
S 85°46'53" E217.37 feet; | ||||||
N 72°02'52" E142.62 feet; | ||||||
S 64°19'26" E130.86 feet; | ||||||
N 47°10'33" E249.93 feet; | ||||||
N 47°32'27" E 40.03 feet to a point in the north line of the called | ||||||
296.28 acre tract and the south line of the Ned Holmes Tract 2 | ||||||
Parcel D Called 530.18 acre tract described in HCCF# F52006; | ||||||
THENCE along the north line of the called 296.28 acre tract and the | ||||||
south line of the Holmes tract N 87°14'06" E (called S 89°55'11" E) at | ||||||
603.11 pass a concrete monument with brass disk, and continuing for | ||||||
a total distance of 3,252.43 feet (called 3,240.28 feet) to the | ||||||
place of BEGINNING of Tract 2, containing 12,983,894 square feet, | ||||||
or 298.069 acres of land, more or less (called 296.28 acres). | ||||||
The meanders along Luce Bayou were determined from aerial | ||||||
photography for the purposes of calculating acreage. The actual | ||||||
boundary along this line is the center of the creek. | ||||||
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, 2017. |