Bill Text: TX HB3842 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Bridgeland Management District; providing authority to levy an assessment, impose a tax, and issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB3842 Detail]
Download: Texas-2011-HB3842-Introduced.html
Bill Title: Relating to the creation of the Bridgeland Management District; providing authority to levy an assessment, impose a tax, and issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB3842 Detail]
Download: Texas-2011-HB3842-Introduced.html
82R18537 JXC-F | ||
By: Callegari | H.B. No. 3842 |
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relating to the creation of the Bridgeland Management District; | ||
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 3901 to read as follows: | ||
CHAPTER 3901. BRIDGELAND MANAGEMENT DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3901.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Houston, Texas. | ||
(3) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(4) "County" means Harris County. | ||
(5) "Director" means a board member. | ||
(6) "District" means the Bridgeland Management | ||
District. | ||
Sec. 3901.002. CREATION AND NATURE OF DISTRICT. The | ||
district is a special district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 3901.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 3901.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 3901.003 | ||
until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 3901.005. 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, the legislature has established | ||
a program to accomplish the public purposes set out in Sections 52 | ||
and 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, the county, or another | ||
governmental entity 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 governmental services provided in the district. | ||
Sec. 3901.006. 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; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways, road facilities, and | ||
recreational facilities and by landscaping and developing certain | ||
areas, 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, 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. 3901.007. DISTRICT TERRITORY. (a) The district is | ||
initially composed of the territory described by Section 2 of the | ||
Act enacting this chapter, as that territory may have been modified | ||
under Section 3901.114 or other law. | ||
(b) The boundaries and field notes of the district 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, note, or other | ||
obligation for a purpose 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. 3901.008. 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. 3901.009. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3901.010. LIBERAL CONSTRUCTION OF CHAPTER. This | ||
chapter shall be liberally construed in conformity with the | ||
findings and purposes stated in this chapter. | ||
Sec. 3901.011. CONFLICTS OF LAW. This chapter prevails | ||
over any provision of general law, including a provision of Chapter | ||
375, Local Government Code, that is in conflict or inconsistent | ||
with this chapter. | ||
[Sections 3901.012-3901.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3901.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five directors elected or appointed as | ||
provided by this chapter and Subchapter D, Chapter 49, Water Code. | ||
(b) Except as provided by Section 3901.053, directors serve | ||
staggered four-year terms. | ||
Sec. 3901.052. COMPENSATION. A director is entitled to | ||
receive fees of office and reimbursement for actual expenses as | ||
provided by Section 49.060, Water Code. Sections 375.069 and | ||
375.070, Local Government Code, do not apply to the board. | ||
Sec. 3901.053. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act creating this chapter, the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district may submit a petition to the commission requesting that | ||
the commission appoint as temporary directors the five persons | ||
named in the petition. The commission shall appoint as temporary | ||
directors the five persons named in the petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 3901.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act creating this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 3901.003 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 3901.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
(e) This section expires September 1, 2019. | ||
[Sections 3901.054-3901.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3901.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3901.102. IMPROVEMENT PROJECTS AND SERVICES. (a) 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 | ||
under Chapter 375, Local Government Code. | ||
(b) An improvement project described by Subsection (a) may | ||
be located inside or outside the district. | ||
Sec. 3901.103. RECREATIONAL FACILITIES. The district may | ||
develop or finance recreational facilities as authorized by Chapter | ||
375, Local Government Code, Sections 52 and 52-a, Article III, | ||
Texas Constitution, and any other law that applies to the district. | ||
Sec. 3901.104. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds, notes, or other | ||
obligations for, improve, and convey to this state, a county, or a | ||
municipality for operation and maintenance macadamized, graveled, | ||
or paved roads or improvements, including storm drainage, in aid of | ||
those roads. | ||
Sec. 3901.105. CONVEYANCE AND APPROVAL OF ROAD PROJECT. | ||
(a) The district shall convey a road project authorized by Section | ||
3901.104 to: | ||
(1) the municipality or county that will operate and | ||
maintain the road if the municipality or county has approved the | ||
plans and specifications of the road project; or | ||
(2) the state if the state will operate and maintain | ||
the road and the Texas Transportation Commission has approved the | ||
plans and specifications of the road project. | ||
(b) Except as provided by Subsection (c), the district shall | ||
operate and maintain a road project authorized by Section 3901.104 | ||
that the district implements and is not approved by a municipality, | ||
a county, or this state under Subsection (a). | ||
(c) The district may agree in writing with a municipality, a | ||
county, or this state to assign operation and maintenance duties to | ||
the district, the municipality, the county, or this state in a | ||
manner other than the manner described in Subsections (a) and (b). | ||
Sec. 3901.106. 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. 3901.107. 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. 3901.108. 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. 3901.109. 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. | ||
Sec. 3901.110. 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. 3901.111. 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. 3901.112. STRATEGIC PARTNERSHIP AGREEMENT. The | ||
district may negotiate and enter into a written strategic | ||
partnership agreement with the city under Section 43.0751, Local | ||
Government Code. | ||
Sec. 3901.113. REGIONAL PARTICIPATION AGREEMENT. The | ||
district may negotiate and enter into a written regional | ||
participation agreement with the city under Section 43.0754, Local | ||
Government Code. | ||
Sec. 3901.114. 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. | ||
(c) The district may include and exclude land as provided by | ||
Sections 54.739-54.747, Water Code. | ||
Sec. 3901.115. FIREFIGHTING AND EMERGENCY MEDICAL | ||
SERVICES. Subchapter L, Chapter 49, Water Code, applies to the | ||
district. | ||
Sec. 3901.116. APPLICABILITY OF OTHER LAW TO CERTAIN | ||
CONTRACTS. (a) Subchapter I, Chapter 49, Water Code, applies to a | ||
district contract for construction work, equipment, materials, or | ||
machinery. The district may use a project delivery method | ||
described by Subchapter I, Chapter 49, Water Code, or Subchapter H, | ||
Chapter 271, Local Government Code. | ||
(b) Sections 375.221 and 375.223, Local Government Code, do | ||
not apply to the district. | ||
Sec. 3901.117. TERMS OF EMPLOYMENT; COMPENSATION. The | ||
board may employ and establish the terms of employment and | ||
compensation of an executive director or general manager and any | ||
other district employees the board considers necessary. | ||
Sec. 3901.118. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
[Sections 3901.119-3901.150 reserved for expansion] | ||
SUBCHAPTER C-1. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES | ||
Sec. 3901.151. PUBLIC TRANSIT SYSTEM; PETITION REQUIRED. | ||
(a) The district may acquire, lease as lessor or lessee, construct, | ||
develop, own, operate, and maintain a public transit system to | ||
serve the area in the district. | ||
(b) The board may not act under Subsection (a) unless a | ||
written petition requesting the action has been filed with the | ||
board. | ||
(c) The petition must be signed by: | ||
(1) the owners of property representing a majority of | ||
the total assessed value of the real property in the district that | ||
abuts the right-of-way in which the public transit system is | ||
proposed to be located; or | ||
(2) the owners of a majority of the area of the real | ||
property in the district that abuts the right-of-way in which the | ||
public transit system is proposed to be located. | ||
(d) For purposes of Subsection (c), the determination of a | ||
majority is based on the property owners along the entire | ||
right-of-way of the proposed transit project and may not be | ||
calculated on a block-by-block basis. | ||
Sec. 3901.152. PARKING FACILITIES. (a) The district may | ||
acquire, lease as lessor or lessee, construct, develop, own, | ||
operate, and maintain parking facilities or a system of parking | ||
facilities, including lots, garages, parking terminals, or other | ||
structures or accommodations for parking motor vehicles off the | ||
streets and related appurtenances. | ||
(b) The district's parking facilities serve the public | ||
purposes of the district and are owned, used, and held for a public | ||
purpose even if leased or operated by a private entity for a term of | ||
years. | ||
(c) The district's parking facilities are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(d) The development and operation of the district's parking | ||
facilities may be considered an economic development program. | ||
Sec. 3901.153. RULES. The district may adopt rules | ||
covering its public transit system or its public parking | ||
facilities, except that a rule relating to or affecting the use of | ||
the public right-of-way or a requirement for off-street parking is | ||
subject to all applicable county requirements. | ||
Sec. 3901.154. FEES. The district may impose a fee for the | ||
use of the public transit system and associated parking facilities. | ||
Sec. 3901.155. AGREEMENT WITH RAPID TRANSIT AUTHORITY. (a) | ||
In this section, "authority" means a rapid transit authority | ||
created under Chapter 451, Transportation Code. | ||
(b) The district and an authority may agree to jointly | ||
construct, own, operate, and maintain a transit facility or a | ||
parking facility under the terms the authority and district desire. | ||
(c) The agreement may provide that the district and the | ||
authority exchange or trade land provided that each party to the | ||
agreement receives fair market value. The authority is not | ||
required to offer any property that it proposes to trade to the | ||
district for sale to the public or for sale to any abutting property | ||
owner. | ||
[Sections 3901.156-3901.200 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3901.201. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may acquire, construct, finance, operate, maintain, or | ||
provide any improvement or service authorized under this chapter or | ||
Chapter 375, Local Government Code, using any money available to | ||
the district. | ||
Sec. 3901.202. 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: | ||
(1) 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; or | ||
(2) at least 50 persons who own real property in the | ||
district subject to assessment, if more than 50 persons own real | ||
property in the district according to the most recent certified tax | ||
appraisal roll for the county. | ||
Sec. 3901.203. 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. 3901.204. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment for any | ||
purpose authorized by this chapter in all or any part of the | ||
district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district are: | ||
(1) a first and prior lien against the property | ||
assessed; | ||
(2) superior to any other lien or claim other than a | ||
lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) the personal liability of and a charge against the | ||
owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. 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. 3901.205. 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. 3901.206. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS. | ||
The district may not impose an assessment on the property, | ||
including the equipment, rights-of-way, 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; | ||
(3) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(4) a person who provides to the public cable | ||
television or advanced telecommunications services. | ||
Sec. 3901.207. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. (a) The district may issue by competitive bid or | ||
negotiated sale bonds, notes, or other obligations payable wholly | ||
or partly from taxes, assessments, fees, revenue, contract | ||
payments, grants, or other district money, or any combination of | ||
those sources of money, to pay for any authorized district purpose. | ||
(b) In addition to any other terms authorized by the board | ||
by bond order or resolution, the proceeds of the district's bonds | ||
may be used for a reserve fund, credit enhancement, or capitalized | ||
interest for the bonds. | ||
(c) 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. | ||
Sec. 3901.208. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT | ||
OBLIGATIONS. Except as provided by Section 375.263, Local | ||
Government Code, a municipality is not required to pay a bond, note, | ||
or other obligation of the district. | ||
[Sections 3901.209-3901.250 reserved for expansion] | ||
SUBCHAPTER E. SALES AND USE TAX | ||
Sec. 3901.251. APPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, | ||
computation, administration, enforcement, and collection of the | ||
sales and use tax authorized by this subchapter except to the extent | ||
Chapter 321, Tax Code, is inconsistent with this chapter. | ||
(b) A reference in Chapter 321, Tax Code, to a municipality | ||
or the governing body of a municipality is a reference to the | ||
district or the board, respectively. | ||
Sec. 3901.252. ELECTION; ADOPTION OF TAX. (a) The district | ||
may adopt a sales and use tax if authorized by a majority of the | ||
voters of the district voting at an election held for that purpose. | ||
(b) The board by order may call an election to authorize the | ||
adoption of the sales and use tax. The election may be held on any | ||
uniform election date and in conjunction with any other district | ||
election. | ||
(c) The ballot shall be printed to provide for voting for or | ||
against the proposition: "Authorization of a sales and use tax in | ||
the Bridgeland Management District at a rate not to exceed ____ | ||
percent" (insert rate of one or more increments of one-eighth of one | ||
percent). | ||
Sec. 3901.253. SALES AND USE TAX RATE. (a) On or after the | ||
date the results are declared of an election held under Section | ||
3901.252, at which the voters approved imposition of the tax | ||
authorized by this subchapter, the board shall determine and adopt | ||
by resolution or order the initial rate of the tax, which must be in | ||
one or more increments of one-eighth of one percent. | ||
(b) After the election held under Section 3901.252, the | ||
board may increase or decrease the rate of the tax by one or more | ||
increments of one-eighth of one percent. | ||
(c) The initial rate of the tax or any rate resulting from | ||
subsequent increases or decreases may not exceed the lesser of: | ||
(1) the maximum rate authorized by the district voters | ||
at the election held under Section 3901.252; or | ||
(2) a rate that, when added to the rates of all sales | ||
and use taxes imposed by other political subdivisions with | ||
territory in the district, would result in the maximum combined | ||
rate prescribed by Section 321.101(f), Tax Code, at any location in | ||
the district. | ||
Sec. 3901.254. TAX AFTER ANNEXATION. (a) This section | ||
applies to the district after a municipality annexes part of the | ||
territory in the district and imposes the municipality's sales and | ||
use tax in the annexed territory. | ||
(b) If at the time of annexation the district has | ||
outstanding debt or other obligations payable wholly or partly from | ||
district sales and use tax revenue, Section 321.102(g), Tax Code, | ||
applies to the district. | ||
(c) If at the time of annexation the district does not have | ||
outstanding debt or other obligations payable wholly or partly from | ||
district sales and use tax revenue, the district may: | ||
(1) exclude the annexed territory from the district, | ||
if the district has no outstanding debt or other obligations | ||
payable from any source; or | ||
(2) reduce the sales and use tax in the annexed | ||
territory by resolution or order of the board to a rate that, when | ||
added to the sales and use tax rate imposed by the municipality in | ||
the annexed territory, is equal to the sales and use tax rate | ||
imposed by the district in the district territory that was not | ||
annexed by the municipality. | ||
Sec. 3901.255. NOTIFICATION OF RATE CHANGE. The board | ||
shall notify the comptroller of any changes made to the tax rate | ||
under this subchapter in the same manner the municipal secretary | ||
provides notice to the comptroller under Section 321.405(b), Tax | ||
Code. | ||
Sec. 3901.256. USE OF REVENUE. Revenue from the sales and | ||
use tax imposed under this subchapter is for the use and benefit of | ||
the district and may be used for any district purpose. The district | ||
may pledge all or part of the revenue to the payment of bonds, | ||
notes, or other obligations, and that pledge of revenue may be in | ||
combination with other revenue, including tax revenue, available to | ||
the district. | ||
Sec. 3901.257. ABOLITION OF TAX. (a) Except as provided by | ||
Subsection (b), the board may abolish the tax imposed under this | ||
subchapter without an election. | ||
(b) The board may not abolish the tax imposed under this | ||
subchapter if the district has outstanding debt secured by the tax, | ||
and repayment of the debt would be impaired by the abolition of the | ||
tax. | ||
(c) If the board abolishes the tax, the board shall notify | ||
the comptroller of that action in the same manner the municipal | ||
secretary provides notice to the comptroller under Section | ||
321.405(b), Tax Code. | ||
(d) If the board abolishes the tax or decreases the tax rate | ||
to zero, a new election to authorize a sales and use tax must be held | ||
under Section 3901.252 before the district may subsequently impose | ||
the tax. | ||
(e) This section does not apply to a decrease in the sales | ||
and use tax authorized under Section 3901.254(c)(2). | ||
[Sections 3901.258-3901.300 reserved for expansion] | ||
SUBCHAPTER F. HOTEL OCCUPANCY TAX | ||
Sec. 3901.301. DEFINITION. In this subchapter, "hotel" has | ||
the meaning assigned by Section 156.001, Tax Code. | ||
Sec. 3901.302. APPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. (a) In this subchapter: | ||
(1) a reference in Subchapter A, Chapter 352, Tax | ||
Code, to a county is a reference to the district; and | ||
(2) a reference in Subchapter A, Chapter 352, Tax | ||
Code, to the commissioners court is a reference to the board. | ||
(b) Except as inconsistent with this subchapter, Subchapter | ||
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized | ||
by this subchapter, including the collection of the tax, subject to | ||
the limitations prescribed by Sections 352.002(b) and (c), Tax | ||
Code. | ||
Sec. 3901.303. TAX AUTHORIZED; USE OF REVENUE. The | ||
district may impose a hotel occupancy tax for any district purpose, | ||
including to: | ||
(1) maintain and operate the district; | ||
(2) construct or acquire an improvement project; and | ||
(3) provide a service. | ||
Sec. 3901.304. TAX RATE. (a) The amount of the hotel | ||
occupancy tax may not exceed the maximum rate prescribed by Section | ||
352.003(a), Tax Code. | ||
(b) The district tax is in addition to a tax imposed by the | ||
city under Chapter 351, Tax Code, or by the county under Chapter | ||
352, Tax Code. | ||
Sec. 3901.305. INFORMATION. The district may examine and | ||
receive information related to the imposition of hotel occupancy | ||
taxes to the same extent as if the district were a county. | ||
Sec. 3901.306. USE OF REVENUE. The district may use revenue | ||
from the hotel occupancy tax for a district purpose. The district | ||
may pledge any part of the revenue to the payment of bonds, notes, | ||
or other obligations and combine the pledged revenue with revenue | ||
from other sources. | ||
Sec. 3901.307. ABOLITION OF TAX. (a) Except as provided by | ||
Subsection (b), the board may abolish the tax imposed under this | ||
subchapter. | ||
(b) The board may not abolish the tax imposed under this | ||
subchapter if the district has outstanding debt secured by the tax, | ||
and repayment of the debt would be impaired by the abolition of the | ||
tax. | ||
[Sections 3901.308-3901.350 reserved for expansion] | ||
SUBCHAPTER G. DISSOLUTION | ||
Sec. 3901.351. DISSOLUTION OF DISTRICT WITH OUTSTANDING | ||
DEBT. (a) The board may dissolve the district regardless of | ||
whether the district has debt. Section 375.264, Local Government | ||
Code, does not apply to the district. | ||
(b) If the district has debt when it is dissolved, the | ||
district shall remain in existence solely for the purpose of | ||
discharging its debts. The dissolution is effective when all debts | ||
have been discharged. | ||
SECTION 2. The Bridgeland Management District initially | ||
includes all the territory contained in the following area: | ||
TRACT "1" | ||
Being part of the following tracts: a called 318.95 acres | ||
described as Parcel A, Tract 8, a called 308.84 acres described as | ||
Parcel A, Tract 7, a called 696.66 acres described as Parcel A, | ||
Tract 5, a called 1,004.14 acres described as Parcel A, Tract 6, all | ||
recorded under Harris County Clerk's File Number (H.C.C.F. No.) | ||
W677033, also being a part of a called 85.23 acre tract described | ||
and recorded under H.C.C.F. No. X298640 and a part of a called | ||
160.09 acre tract described and recorded under H.C.C.F. No. | ||
X376291: | ||
BEGINNING at a 5/8-inch iron rod with cap stamped "Terra | ||
Surveying" found for the southwest corner of said called 318.95 | ||
acre tract described as Parcel A, Tract 8, having coordinates of X: | ||
2,994,159.20, Y: 13,902,936.87; | ||
THENCE, N 02°11'42" W, a distance of 1,399.87 feet to a 4-inch | ||
by 4-inch concrete monument found for the southeast corner of said | ||
308.84 acre tract described as Parcel A, Tract 7; | ||
THENCE, S 87°56'50" W, a distance of 333.91 feet along the | ||
south line of said 308.84 acre tract to a point in the proposed | ||
eastern right-of-way line of Grand Parkway (400-foot R.O.W.) as | ||
described and recorded under H.C.C.F. No. W538164 and being the | ||
southwest corner of the herein described tract; | ||
THENCE, along the said eastern right-of-way line and over and | ||
across the following tracts of land, said 308.84 acres, said 696.66 | ||
acres and said 1004.14 acres the following four (4) courses: | ||
In a northwesterly direction, 1,310.92 feet along the | ||
arc of a curve to the left having a radius of 5,930.00 feet, a | ||
central angle of 12°39'58" and whose chord bears N 25°29'27" W, | ||
1,308.26 feet to the point of tangency of said curve; | ||
N 31°49'26" W, a distance of 1,363.00 feet to the point | ||
of curvature of a curve to the right; | ||
In a northwesterly direction, 1,931.70 feet along the | ||
arc of said curve to the right having a radius of 3,620.00 feet, a | ||
central angle of 30°34'27" and whose chord bears N 16°32'12" W, | ||
1,908.87 feet to the point of tangency of said curve; | ||
N 01°14'59" W, a distance of 1,534.92 feet to the | ||
northwest corner of the herein described tract; | ||
THENCE, leaving said eastern right-of-way line and going over | ||
and across the following tracts of land, said 1,004.14 acres, said | ||
160.174 acres, said 85.23 acres and said 318.95 acre tract the | ||
following twenty two (22) courses: | ||
In a northeasterly direction, 39.15 feet along the arc | ||
of a curve to the right having a radius of 25.00 feet, a central | ||
angle of 89°43'37" and whose chord bears N 43°36'48" E, 35.27 feet to | ||
the point of reverse curvature; | ||
In a northeasterly direction, 2,387.74 feet along the | ||
arc of a curve to the left having a radius of 2,060.00 feet, a | ||
central angle of 66°24'41" and whose chord bears N 55°16'16" E, | ||
2,256.30 feet to the point of tangency of said curve; | ||
N 22°03'56" E, a distance of 155.49 feet to the point of | ||
curvature of a curve to the right; | ||
In a northeasterly direction, 409.59 feet along the arc | ||
of said curve to the right having a radius of 1,940.00 feet, a | ||
central angle of 12°05'48" and whose chord bears N 28°06'50" E, | ||
408.83 feet to the point of reverse curvature; | ||
In a southeasterly direction, 40.25 feet along the arc | ||
of a curve to the left having a radius of 25.00 feet, a central angle | ||
of 92°14'40" and whose chord bears S 11°57'36" E, 36.04 feet to the | ||
point of tangency of said curve; | ||
S 58°04'56" E, a distance of 191.06 feet to the point of | ||
curvature of a curve to the right; | ||
In a southeasterly direction, 1,282.80 feet along the | ||
arc of said curve to the right having a radius of 2,050.00 feet, a | ||
central angle of 35°51'11" and whose chord bears S 40°09'20" E, | ||
1,261.97 feet to the point of tangency of said curve; | ||
S 22°13'45" E, a distance of 250.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a southeasterly direction, 1,080.44 feet along the | ||
arc of said curve to the left having a radius of 1,950.00 feet, a | ||
central angle of 31°44'45" and whose chord bears S 38°06'08" E, | ||
1,066.67 feet to the point of tangency of said curve; | ||
S 53°58'30" E, a distance of 86.71 feet to the point of | ||
curvature of a curve to the left; | ||
In a northeasterly direction, 39.27 feet along the arc | ||
of said curve to the left having a radius of 25.00 feet, a central | ||
angle of 90°00'00" and whose chord bears N 81°01'30" E, 35.36 feet to | ||
the end of said curve; | ||
S 53°58'30" E, a distance of 100.00 feet to the northeast | ||
corner of the herein described tract; | ||
S 36°01'30" W, a distance of 176.16 feet to the point of | ||
curvature of a curve to the left; | ||
In a southeasterly direction, 2,826.69 feet along the | ||
arc of said curve to the left having a radius of 1,950.00 feet, a | ||
central angle of 83°03'18" and whose chord bears S 05°30'09" E, | ||
2,585.62 feet to the point of tangency of said curve; | ||
S 47°01'48" E, a distance of 100.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a southeasterly direction, 923.10 feet along the arc | ||
of said curve to the right having a radius of 2,050.00 feet, a | ||
central angle of 25°48'00" and whose chord bears S 34°07'48" E, | ||
915.33 feet to the point of tangency of said curve; | ||
S 21°13'48" E, a distance of 468.24 feet to the point of | ||
curvature of a curve to the right; | ||
In a southeasterly direction, 627.89 feet along the arc | ||
of said curve to the right having a radius of 2,050.00 feet, a | ||
central angle of 17°32'56" and whose chord bears S 12°27'20" E, | ||
625.43 feet to the point of tangency of said curve; | ||
S 03°40'52" E, a distance of 140.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a southeasterly direction, 816.46 feet along the arc | ||
of said curve to the left having a radius of 1,950.00 feet, a | ||
central angle of 23°59'23" and whose chord bears S 15°40'34" E, | ||
810.51 feet to the point of tangency of said curve; | ||
S 27°40'15" E, a distance of 140.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a southeasterly direction, 916.01 feet along the arc | ||
of said curve to the right having a radius of 2,050.00 feet, a | ||
central angle of 25°36'06" and whose chord bears S 14°52'12" E, | ||
908.41 feet to the southeast corner of the herein described tract | ||
and being in the south line of said 318.95 acre tract; | ||
THENCE, along the south line of said 318.95 acre tract the | ||
following two (2) courses: | ||
S 87°55'51" W, a distance of 1,848.39 feet to an angle | ||
point; | ||
S 88°02'12" W, a distance of 1,521.38 feet to the POINT | ||
OF BEGINNING and containing 636.01 acres of land. | ||
TRACT "2" | ||
Being part of the following tracts: a called 1,004.14 acres | ||
described as Parcel A, Tract 6, a called 327.05 acres described as | ||
Parcel A, Tract 9, a called 102.09 acres described as Parcel A, | ||
Tract 10B and a called 2,065.8 acres described as Parcel B, Tract 1, | ||
all recorded under Harris County Clerk's File Number (H.C.C.F. No.) | ||
W677033: | ||
BEGINNING at the northwest corner of the previously described | ||
Tract "1" being in the proposed eastern right-of-way line of Grand | ||
Parkway (400-foot R.O.W.) as described and recorded under H.C.C.F. | ||
No. W538164 and being the most westerly southwest corner of the | ||
herein described tract; | ||
THENCE, N 01°14'59" W, a distance of 170.00 feet along said | ||
eastern right-of-way line to the most westerly northwest corner of | ||
the herein described tract; | ||
THENCE, leaving said eastern right-of-way line and going over | ||
and across the following tracts of land, said 1,004.14 acres, said | ||
327.05 acres, said 102.09 acres and said 2,065.8 acre tract the | ||
following twenty six (26) courses: | ||
In a southeasterly direction, 39.40 feet along the arc | ||
of a curve to the left having a radius of 25.00 feet, a central angle | ||
of 90°17'51" and whose chord bears S 46°23'55" E, 35.45 feet to the | ||
point of compound curvature; | ||
In a northeasterly direction, 2,247.83 feet along the | ||
arc of a curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 66°23'14" and whose chord bears N 55°15'33" E, | ||
2,124.18 feet to the point of tangency of said curve; | ||
N 22°03'56" E, a distance of 155.49 feet to the point of | ||
curvature of a curve to the right; | ||
In a northeasterly direction, 2,270.11 feet along the | ||
arc of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 63°08'23" and whose chord bears N 53°38'08" E, | ||
2,156.98 feet to the point of tangency of said curve; | ||
N 85°12'19" E, a distance of 2,421.42 feet to the point | ||
of curvature of a curve to the left; | ||
In a northeasterly direction, 731.64 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 21°36'30" and whose chord bears N 74°24'04" E, | ||
727.32 feet to the point of tangency of said curve; | ||
N 63°35'49" E, a distance of 155.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a northeasterly direction, 1,768.22 feet along the | ||
arc of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 49°10'49" and whose chord bears N 88°11'14" E, | ||
1,714.43 feet to the point of tangency of said curve; | ||
S 67°13'22" E, a distance of 100.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a northeasterly direction, 1,607.41 feet along the | ||
arc of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 47°28'23" and whose chord bears N 89°02'26" E, | ||
1,561.82 feet to the point of tangency of said curve; | ||
N 65°18'15" E, a distance of 100.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a southeasterly direction, 2,039.03 feet along the | ||
arc of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 56°42'45" and whose chord bears S 86°20'22" E, | ||
1,956.80 feet to the point of tangency of said curve; | ||
S 57°59'00" E, a distance of 100.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a southeasterly direction, 581.39 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 17°10'15" and whose chord bears S 66°34'08" E, | ||
579.22 feet to the point of tangency of said curve; | ||
S 75°09'15" E, a distance of 100.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a southeasterly direction, 658.40 feet along the arc | ||
of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 18°18'45" and whose chord bears S 65°59'52" E, | ||
655.60 feet to the point of tangency of said curve; | ||
S 56°50'30" E, a distance of 418.46 feet to the point of | ||
curvature of a curve to the left; | ||
In a southeasterly direction, 857.24 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 25°19'03" and whose chord bears S 69°30'02" E, | ||
850.28 feet to the point of tangency of said curve; | ||
S 82°09'33" E, a distance of 323.49 feet to the point of | ||
curvature of a curve to the right; | ||
In a southeasterly direction, 2,544.61 feet along the | ||
arc of said curve to the right having a radius of 1,350.00 feet, a | ||
central angle of 107°59'48" and whose chord bears S 28°09'39" E, | ||
2,184.30 feet to the point of tangency of said curve; | ||
S 25°50'15" W, a distance of 282.60 feet to the point of | ||
curvature of a curve to the left; | ||
In a southwesterly direction, 431.30 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 12°44'17" and whose chord bears S 19°28'06" W, | ||
430.42 feet to the point of tangency of said curve; | ||
S 13°05'58" W, a distance of 742.12 feet to the point of | ||
curvature of a curve to the left; | ||
In a southeasterly direction, 1,728.35 feet along the | ||
arc of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 51°02'42" and whose chord bears S 12°25'23" E, | ||
1,671.76 feet to the point of tangency of said curve; | ||
S 37°56'44" E, a distance of 556.48 feet to the point of | ||
curvature of a curve to the left; | ||
In a southeasterly direction, 39.27 feet along the arc | ||
of said curve to the left having a radius of 25.00 feet, a central | ||
angle of 90°00'00" and whose chord bears S 82°56'44" E, 35.36 feet to | ||
the end of said curve being in the line common to said 2,065.8 acre | ||
tract and a called 1,805.5 acre tract described and recorded under | ||
H.C.C.F. No. R814591 and being the most easterly northeast corner | ||
of the herein described tract; | ||
THENCE, S 52°03'16" W, a distance of 170.00 feet along the | ||
proposed northern right-of-way line for Fry Road to the most | ||
easterly southeast corner of the herein described tract; | ||
THENCE, leaving said northern right-of-way line and going | ||
over and across the following tracts of land, said 2,065.8 acres, | ||
said 102.09 acres, said 327.05 acres and said 1,004.14 acre tract | ||
the following twenty six (26) courses: | ||
In a northeasterly direction, 39.27 feet along the arc | ||
of a curve to the left having a radius of 25.00 feet, a central angle | ||
of 90°00'00" and whose chord bears N 07°03'16" E, 35.36 feet to the | ||
point of tangency of said curve; | ||
N 37°56'44" W, a distance of 556.48 feet to the point of | ||
curvature of a curve to the right; | ||
In a northwesterly direction, 1,835.26 feet along the | ||
arc of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 51°02'42" and whose chord bears N 12°25'23" W, | ||
1,775.17 feet to the point of tangency of said curve; | ||
N 13°05'58" E, a distance of 742.12 feet to the point of | ||
curvature of a curve to the right; | ||
In a northeasterly direction, 457.98 feet along the arc | ||
of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 12°44'17" and whose chord bears N 19°28'06" E, | ||
457.04 feet to the point of tangency of said curve; | ||
N 25°50'15" E, a distance of 282.60 feet to the point of | ||
curvature of a curve to the left; | ||
In a northwesterly direction, 2,318.42 feet along the | ||
arc of said curve to the left having a radius of 1,230.00 feet, a | ||
central angle of 107°59'48" and whose chord bears N 28°09'39" W, | ||
1,990.14 feet to the point of tangency of said curve; | ||
N 82°09'33" W, a distance of 323.49 feet to the point of | ||
curvature of a curve to the right; | ||
In a northwesterly direction, 910.26 feet along the arc | ||
of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 25°19'03" and whose chord bears N 69°30'02" W, | ||
902.87 feet to the point of tangency of said curve; | ||
N 56°50'30" W, a distance of 418.46 feet to the point of | ||
curvature of a curve to the left; | ||
In a northwesterly direction, 620.05 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 18°18'45" and whose chord bears N 65°59'52" W, | ||
617.41 feet to the point of tangency of said curve; | ||
N 75°09'15" W, a distance of 100.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a northwesterly direction, 617.36 feet along the arc | ||
of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 17°10'15" and whose chord bears N 66°34'08" W, | ||
615.05 feet to the point of tangency of said curve; | ||
N 57°59'00" W, a distance of 100.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a northwesterly direction, 1,920.25 feet along the | ||
arc of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 56°42'45" and whose chord bears N 86°20'22" W, | ||
1,842.82 feet to the point of tangency of said curve; | ||
S 65°18'15" W, a distance of 100.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a southwesterly direction, 1,706.84 feet along the | ||
arc of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 47°28'23" and whose chord bears S 89°02'26" W, | ||
1,658.43 feet to the point of tangency of said curve; | ||
N 67°13'22" W, a distance of 100.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a southwesterly direction, 1,665.21 feet along the | ||
arc of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 49°10'49" and whose chord bears S 88°11'14" W, | ||
1,614.56 feet to the point of tangency of said curve; | ||
S 63°35'49" W, a distance of 155.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a southwesterly direction, 776.90 feet along the arc | ||
of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 21°36'30" and whose chord bears S 74°24'04" W, | ||
772.31 feet to the point of tangency of said curve; | ||
S 85°12'19" W, a distance of 2,421.42 feet to the point | ||
of curvature of a curve to the left; | ||
In a southwesterly direction, 2,137.87 feet along the | ||
arc of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 63°08'23" and whose chord bears S 53°38'08" W, | ||
2,031.33 feet to the point of tangency of said curve; | ||
S 22°03'56" W, a distance of 155.49 feet to the point of | ||
curvature of a curve to the right; | ||
In a southwesterly direction, 2,387.74 feet along the | ||
arc of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 66°24'41" and whose chord bears S 55°16'16" W, | ||
2,256.30 feet to the point of reverse curvature; | ||
In a southwesterly direction, 39.15 feet along the arc | ||
of a curve to the left having a radius of 25.00 feet, a central angle | ||
of 89°43'37" and whose chord bears S 43°36'48" W, 35.27 feet to the | ||
POINT OF BEGINNING and containing 63.14 acres of land. | ||
TRACT "3" | ||
COMMENCING at a 1/2-inch iron pipe with cap stamped "BROWN & | ||
GAY" found for the most westerly northwest corner of that called | ||
24.50 acre tract described as "Fry Road South of Cypress Creek" as | ||
shown on the plat recorded under Film Code No. 508125 of the Harris | ||
County Map Record (H.C.M.R.) and the most easterly southeast corner | ||
of said 2,065.8 acre tract being in the north right-of-way line of | ||
Fry Road (140-foot R.O.W.) as described and recorded under H.C.C.F. | ||
No. X431479; | ||
THENCE, N 02°23'47" W, a distance of 1,720.85 feet along the | ||
east line of said 2,065.8 acre tract to a point; | ||
THENCE, S 87°36'13" W, a distance of 886.04 feet over and | ||
across said 2,065.8 acre tract to the southeast corner of the herein | ||
described tract and being the POINT OF BEGINNING; | ||
THENCE, going over and across the following tracts of land, | ||
said 2,065.8 acres and said 318.95 acre tract the following eleven | ||
(11) courses: | ||
In a northwesterly direction, 41.21 feet along the arc | ||
of a curve to the left having a radius of 25.00 feet, a central angle | ||
of 94°27'07" and whose chord bears N 44°49'14" W, 36.70 feet to the | ||
point of tangency of said curve; | ||
S 87°57'12" W, a distance of 1,435.28 feet to the point | ||
of curvature of a curve to the left; | ||
In a southwesterly direction, 334.40 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 09°52'34" and whose chord bears S 83°00'55" W, | ||
333.99 feet to the point of tangency of said curve; | ||
S 78°04'38" W, a distance of 330.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a southwesterly direction, 776.45 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 22°55'54" and whose chord bears S 66°36'41" W, | ||
771.28 feet to the end of said curve; | ||
S 74°04'01" W, a distance of 306.73 feet to the most | ||
western point of the herein described tract; | ||
In a northeasterly direction, 1,115.61 feet along the | ||
arc of a curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 31°01'44" and whose chord bears N 62°33'46" E, | ||
1,102.03 feet to the point of tangency of said curve; | ||
N 78°04'38" E, a distance of 330.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a northeasterly direction, 355.08 feet along the arc | ||
of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 09°52'34" and whose chord bears N 83°00'55" E, | ||
354.64 feet to the point of tangency of said curve; | ||
N 87°57'12" E, a distance of 1,455.57 feet to the point | ||
of curvature of a curve to the left; | ||
In a northeasterly direction, 35.27 feet along the arc | ||
of said curve to the left having a radius of 25.00 feet, a central | ||
angle of 80°50'31" and whose chord bears N 47°31'56" E, 32.42 feet to | ||
the end of said curve; | ||
THENCE, In a southwesterly direction, 169.20 feet along the | ||
arc of a curve to the left having a radius of 2,060.00 feet, a | ||
central angle of 04°42'22" and whose chord bears S 04°45'30" W, | ||
169.15 feet to the POINT OF BEGINNING and containing 8.54 acres of | ||
land. | ||
TRACT "4" | ||
COMMENCING at a 3/8-inch iron rod found for the southeast | ||
corner of said 318.95 acre tract and the most westerly southwest | ||
corner of said 2,065.8 acre tract and being in the north line of a | ||
called 1,119.71 acre tract described and recorded under H.C.C.F. | ||
No. W815977; | ||
THENCE, N 02°29'16" W, a distance of 2,724.18 feet along the | ||
line common to said 2,065.8 acre tract and said 318.95 acre tract to | ||
the POINT OF BEGINNING; | ||
THENCE, going over and across the following tracts of land, | ||
said 2,065.8 acres and said 318.95 acre tract the following twenty | ||
(20) courses: | ||
In a northwesterly direction, 354.36 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 10°27'56" and whose chord bears N 86°45'32" W, | ||
353.86 feet to the point of tangency of said curve; | ||
S 88°00'30" W, a distance of 838.74 feet to the point of | ||
curvature of a curve to the left; | ||
In a southwesterly direction, 651.40 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 19°14'18" and whose chord bears S 78°23'21" W, | ||
648.34 feet to the point of tangency of said curve; | ||
S 68°46'12" W, a distance of 148.65 feet to the point of | ||
curvature of a curve to the left; | ||
In a southwesterly direction, 39.27 feet along the arc | ||
of said curve to the left having a radius of 25.00 feet, a central | ||
angle of 90°00'00" and whose chord bears S 23°46'12" W, 35.36 feet to | ||
the end of said curve and being in an eastern line of the previously | ||
described Tract "1" and being the most westerly southwest corner of | ||
the herein described tract; | ||
N 21°13'48" W, a distance of 170.00 feet along the east | ||
line of said Tract "1" to the most westerly northwest corner of the | ||
herein described tract; | ||
In a southeasterly direction, 39.27 feet along the arc | ||
of a curve to the left having a radius of 25.00 feet, a central angle | ||
of 90°00'00" and whose chord bears S 66°13'48" E, 35.36 feet to the | ||
point of tangency of said curve; | ||
N 68°46'12" E, a distance of 148.65 feet to the point of | ||
curvature of a curve to the right; | ||
In a northeasterly direction, 691.69 feet along the arc | ||
of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 19°14'18" and whose chord bears N 78°23'21" E, | ||
688.45 feet to the point of tangency of said curve; | ||
N 88°00'30" E, a distance of 838.74 feet to the point of | ||
curvature of a curve to the right; | ||
In a southeasterly direction, 376.28 feet along the arc | ||
of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 10°27'56" and whose chord bears S 86°45'32" E, | ||
375.75 feet to the point of tangency of said curve; | ||
S 81°31'34" E, a distance of 110.13 feet to the point of | ||
curvature of a curve to the left; | ||
In a southeasterly direction, 286.94 feet along the arc | ||
of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 08°28'28" and whose chord bears S 85°45'48" E, | ||
286.68 feet to the point of tangency of said curve; | ||
N 89°59'58" E, a distance of 2,646.00 feet to the point | ||
of curvature of a curve to the left; | ||
In a northeasterly direction, 1,174.66 feet along the | ||
arc of said curve to the left having a radius of 1,940.00 feet, a | ||
central angle of 34°41'33" and whose chord bears N 72°39'12" E, | ||
1,156.80 feet to the northeast corner of the herein described | ||
tract; | ||
S 05°46'21" W, a distance of 154.52 feet to the southeast | ||
corner of the herein described tract; | ||
In a southwesterly direction, 1,147.00 feet along the | ||
arc of a curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 31°54'08" and whose chord bears S 74°02'54" W, | ||
1,132.24 feet to the point of tangency of said curve; | ||
S 89°59'58" W, a distance of 2,646.00 feet to the point | ||
of curvature of a curve to the right; | ||
In a northwesterly direction, 304.69 feet along the arc | ||
of said curve to the right having a radius of 2,060.00 feet, a | ||
central angle of 08°28'28" and whose chord bears N 85°45'48" W, | ||
304.41 feet to the point of tangency of said curve; | ||
N 81°31'34" W, a distance of 110.13 feet to the POINT OF | ||
BEGINNING and containing 17.25 acres of land. | ||
TRACT "5" | ||
COMMENCING at a 3/8-inch iron rod found for the southeast | ||
corner of said 318.95 acre tract and the most westerly southwest | ||
corner of said 2,065.8 acre tract and being in the north line of a | ||
called 1,119.71 acre tract described and recorded under H.C.C.F. | ||
No. W815977; | ||
THENCE, N 88°00'29" E, a distance of 1,965.26 feet along the | ||
line common to said 2,065.8 acre tract and said 1,119.71 acre tract | ||
to the southwest corner of the herein described tract and being the | ||
POINT OF BEGINNING; | ||
THENCE, going over and across said 2,065.8 acre tract the | ||
following seven (7) courses: | ||
N 01°59'31" W, a distance of 371.46 feet to the point of | ||
curvature of a curve to the left; | ||
In a northwesterly direction, 48.73 feet along the arc | ||
of said curve to the left having a radius of 1,950.00 feet, a | ||
central angle of 01°25'55" and whose chord bears N 02°42'28" W, 48.73 | ||
feet to the point of tangency of said curve; | ||
N 03°25'26" W, a distance of 346.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a northeasterly direction, 845.88 feet along the arc | ||
of said curve to the right having a radius of 2,050.00 feet, a | ||
central angle of 23°38'30" and whose chord bears N 08°23'49" E, | ||
839.89 feet to the point of tangency of said curve; | ||
N 20°13'04" E, a distance of 405.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a northeasterly direction, 628.82 feet along the arc | ||
of said curve to the left having a radius of 1,950.00 feet, a | ||
central angle of 18°28'34" and whose chord bears N 10°58'47" E, | ||
626.09 feet to the point of compound curvature; | ||
In a northwesterly direction, 40.03 feet along the arc | ||
of a curve to the left having a radius of 25.00 feet, a central angle | ||
of 91°44'32" and whose chord bears N 44°07'46" W, 35.89 feet to the | ||
end of said curve, being in the southern line of the previously | ||
described Tract "3" and being the northwest corner of the herein | ||
described tract; | ||
THENCE, N 89°59'58" E, a distance of 150.06 feet along said | ||
southern line to the northeast corner of the herein described | ||
tract; | ||
THENCE, leaving said southern line and going over and across | ||
said 2,065.8 acre tract the following seven (7) courses: | ||
In a southwesterly direction, 38.56 feet along the arc | ||
of a curve to the left having a radius of 25.00 feet, a central angle | ||
of 88°23'02" and whose chord bears S 45°48'27" W, 34.85 feet to the | ||
point of reverse curvature; | ||
In a southwesterly direction, 665.57 feet along the arc | ||
of a curve to the right having a radius of 2050.00 feet, a central | ||
angle of 18°36'08" and whose chord bears S 10°55'00" W, 662.65 feet | ||
to the point of tangency of said curve; | ||
S 20°13'04" W, a distance of 405.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a southwesterly direction, 804.62 feet along the arc | ||
of said curve to the left having a radius of 1950.00 feet, a central | ||
angle of 23°38'30" and whose chord bears S 08°23'49" W, 798.92 feet | ||
to the point of tangency of said curve; | ||
S 03°25'26" E, a distance of 346.00 feet to the point of | ||
curvature of a curve to the right; | ||
In a southeasterly direction, 51.23 feet along the arc | ||
of said curve to the right having a radius of 2050.00 feet, a | ||
central angle of 01°25'55" and whose chord bears S 02°42'28" E, 51.23 | ||
feet to the point of tangency of said curve; | ||
S 01°59'31" E, a distance of 371.46 feet to the southeast | ||
corner of the herein described tract; | ||
THENCE, S 88°00'29" W, a distance of 100.00 feet to the POINT | ||
OF BEGINNING and containing 6.14 acres of land. | ||
TRACT "6" | ||
BEGINNING at the northeast corner of the previously described | ||
Tract "1" and being the most southern corner of the herein described | ||
tract; | ||
THENCE, going over and across said 1,004.14 acre tract | ||
described as Parcel A, Tract 6 the following seven (7) courses: | ||
N 53°58'30" W, a distance of 100.00 feet along a northern | ||
line of said Tract "1" to the southwest corner of the herein | ||
described tract; | ||
N 36°01'30" E, a distance of 23.84 feet to the point of | ||
curvature of a curve to the right; | ||
In a northeasterly direction, 693.30 feet along the arc | ||
of said curve to the right having a radius of 2050.00 feet, a | ||
central angle of 19°22'38" and whose chord bears N 45°42'49" E, | ||
690.00 feet to the point of tangency of said curve; | ||
N 55°24'08" E, a distance of 200.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a northeasterly direction, 1,578.87 feet along the | ||
arc of said curve to the left having a radius of 1950.00 feet, a | ||
central angle of 46°23'27" and whose chord bears N 32°12'24" E, | ||
1,536.09 feet to the most northern point of the herein described | ||
tract; | ||
S 13°51'54" E, a distance of 55.87 feet to an angle | ||
point; | ||
S 02°02'20" E, a distance of 275.64 feet to the most | ||
northerly northeast corner of the herein described tract; | ||
In a southwesterly direction, 1,336.49 feet along the | ||
arc of a curve to the right having a radius of 2050.00 feet, a | ||
central angle of 37°21'13" and whose chord bears S 36°43'31" W, | ||
1,312.94 feet to the point of tangency of said curve; | ||
S 55°24'08" W, a distance of 200.00 feet to the point of | ||
curvature of a curve to the left; | ||
In a southwesterly direction, 659.48 feet along the arc | ||
of said curve to the left having a radius of 1950.00 feet, a central | ||
angle of 19°22'38" and whose chord bears S 45°42'49" W, 656.34 feet | ||
to the point of tangency of said curve; | ||
S 36°01'30" W, a distance of 23.84 feet to the POINT OF | ||
BEGINNING and containing 5.42 acres of land. | ||
TRACT "7" | ||
Being part of a called 696.66 acre tract described as Parcel | ||
A, Tract 5, and a called 1,004.14 acre tract described as Parcel A, | ||
Tract 6, both recorded under Harris County Clerk's File Number | ||
(H.C.C.F. No.) W677033; | ||
BEGINNING at the northeast corner of said 696.66 acre tract | ||
and the southeast corner of a called 1,234.29 acre tract described | ||
and recorded under H.C.C.F. No. X629628 and being in the west line | ||
of said 1,004.14 acre tract also being the centerline of Cypress | ||
Creek; | ||
THENCE, S 01°14'59" E, a distance of 620.08 feet along the | ||
line common to said 696.66 acre tract and said 1,004.14 acre tract | ||
to the northwest corner of the herein described tract and being the | ||
POINT OF BEGINNING; | ||
THENCE, leaving said common line and over and across said | ||
1,004.14 acre tract and said 696.66 acre tract the following twelve | ||
(12 courses: | ||
S 73°33'10" E, a distance of 313.90 feet to an angle | ||
point; | ||
EAST, a distance of 318.91 feet to an angle point; | ||
N 83°24'02" E, a distance of 448.51 feet to an angle | ||
point; | ||
N 81°33'06" E, a distance of 350.85 feet to an angle | ||
point; | ||
N 89°24'35" E, a distance of 454.94 feet to an angle | ||
point; | ||
EAST, a distance of 398.64 feet to an angle point; | ||
N 88°36'14" E, a distance of 384.68 feet to an angle | ||
point; | ||
N 85°48'49" E, a distance of 82.94 feet to the northeast | ||
corner of the herein described tract; | ||
In a southwesterly direction, 1,276.64 feet along the | ||
arc of a curve to the left having a radius of 2,060.00 feet, a | ||
central angle of 35°30'28" and whose chord bears S 39°49'10" W, | ||
1,256.31 feet to the point of tangency of said curve; | ||
S 22°03'56" W, a distance of 155.49 feet to the point of | ||
curvature of a curve to the right; | ||
In a southwesterly direction, 2,247.77 feet along the | ||
arc of said curve to the right having a radius of 1,940.00 feet, a | ||
central angle of 66°23'08" and whose chord bears S 55°15'30" W, | ||
2,124.14 feet to the point of compound curvature; | ||
In a northwesterly direction, 39.45 feet along the arc | ||
of a curve to the right having a radius of 25.00 feet, a central | ||
angle of 90°25'13" and whose chord bears N 46°27'46" W, 35.48 feet to | ||
the southwest corner of the herein described tract and being in the | ||
proposed eastern right-of-way line of Grand Parkway (Width Varies); | ||
THENCE, along the said eastern right-of-way line and over and | ||
across said 696.66 acres the following three (3) courses: | ||
N 01°14'43" W, a distance of 683.29 feet to an angle | ||
point; | ||
N 06°32'00" W, a distance of 542.98 feet to an angle | ||
point; | ||
N 01°14'59" W, a distance of 1,038.41 feet to the POINT | ||
OF BEGINNING and containing 88.56 acres of land. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, | ||
lieutenant governor, and speaker of the house of representatives | ||
within the required time. | ||
(d) 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. |