Bill Text: TX HB4321 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the creation of Harris County Improvement District No. 25; providing authority to levy an assessment, impose a tax, and issue bonds.

Sponsorship: Partisan Bill (Republican 2)

Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [HB4321 Detail]

Download: Texas-2017-HB4321-Enrolled.html

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H.B. No. 4321

AN ACT
relating to the creation of Harris County Improvement District No.
25; 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 3958 to read as follows:
CHAPTER 3958. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 25
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3958.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Harris County.
(3) "Director" means a board member.
(4) "District" means the Harris County Improvement
District No. 25.
Sec. 3958.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3958.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the county and
other political subdivisions to contract with the district, the
legislature has established a program to accomplish the public
purposes set out in Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the county from providing the level of
services provided as of the effective date of the Act enacting this
chapter to the area in the district. The district is created to
supplement and not to supplant county services provided in the
district.
Sec. 3958.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding transportation and
commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3958.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bonds for the purposes
for which the district is created or to pay the principal of and
interest on the bonds;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3958.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3958.007. 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. 3958.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board only if the board determines that the change
is in the best interest of the district. The board may not consist
of fewer than five or more than nine voting directors.
Sec. 3958.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
Commission on Environmental Quality shall appoint voting directors
from persons recommended by the board.
Sec. 3958.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3958.054. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3958.055. 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. 3958.056. INITIAL VOTING DIRECTORS. (a) On or after
the effective date of the Act enacting this chapter, the owner or
owners of a majority of the assessed value of the real property in
the district according to the most recent certified tax appraisal
roll for the county may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
initial voting directors the five persons named in the petition.
The commission shall appoint the five persons named in the petition
as initial directors by position.
(b) Of the initial directors, the terms of directors
appointed for positions one through three expire June 1, 2019, and
the terms of directors appointed for positions four and five expire
June 1, 2021.
(c) Section 3958.052 does not apply to this section.
(d) This section expires September 1, 2021.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3958.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3958.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using any 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. 3958.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3958.104. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3958.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3958.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 3958.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3958.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3958.109. PARKING FACILITIES. (a) The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain parking facilities or a system of parking
facilities, including lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
(c) The district's parking facilities are part 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. 3958.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3958.111. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3958.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of district money.
Sec. 3958.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3958.153. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for the county.
Sec. 3958.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or part of the district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3958.155. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3958.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3958.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3958.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3958.201, the district may
impose an operation and maintenance tax on taxable property in the
district in accordance with Section 49.107, Water Code, for any
district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3958.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3958.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(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. 3958.205. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct annual ad valorem tax, without limit as to rate or amount,
for each year that all or part of the bonds are outstanding as
required and in the manner provided by Sections 54.601 and 54.602,
Water Code.
SUBCHAPTER F. MUNICIPAL ANNEXATION AND DISSOLUTION
Sec. 3958.251. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
district is a "water or sewer district" under Section 43.071, Local
Government Code.
(b) Section 43.075, Local Government Code, applies to the
district.
(c) Section 375.264, Local Government Code, does not apply
to the dissolution of the district by a municipality.
SECTION 2. Harris County Improvement District No. 25
initially includes all territory contained in the following area:
TRACT 1 - 88.03 ACRES
FIELD NOTES of a 88.03 of an acre tract of land situated in
the H.T. & B. R.R. Survey, Block 3, Sec. 9, Abstract No. 421, the
H.T. & B. R.R. Survey, Block 3, Sec. 7, Abstract No. 903 the C.
Collis Survey, Abstract No. 1330, and the G. Lolley Survey,
Abstract No. 1410 Harris County, Texas; said 88.03 of an acre tract
of land being out of and a part of Restricted Reserve "A" of the
Westside Mall, Sec. 2 and recorded at Film Code No. (F.C. No.)
602144 of the Harris County Map Records (H.C.M.R.); said 88.03 of an
acre tract of land being more particularly described by metes and
bounds as follows:
NOTE: All bearings are Lambert Grid bearings and all
coordinates refer to the Texas State Plane Coordinate System, South
Central Zone (#4204), as defined by article 21.071 of the Natural
Resources Code of the State of Texas, 1983 Datum (2001 adjustment).
All distances are actual distances. Scale factor = 0.99989325287.
BEGINNING at a found 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the Southeast intersection of Partnership Way
(80' right-of-way) and Grand Circle Boulevard (80' right-of-way) as
recorded at F.C. No. 446143 of the H.C.M.R.
THENCE N 30°52'03" W with the common West line of said
Restricted Reserve "A" and across said Grand Circle Boulevard a
distance of 80.00 feet to a set 5/8" iron rod with cap stamped
"E.H.R.A. 713-784-4500" for the Northwest corner of this tract of
land and being in the North right-of-way line of the proposed Grand
Circle Boulevard (80' right-of-way).
THENCE N 59°07'57" E with the common North right-of-way line
of said Grand Circle Boulevard and the North line of this tract of
land a distance of 22.95 feet to a set 5/8" iron rod with cap stamped
"E.H.R.A. 713-784-4500" for the beginning of a curve to the right.
THENCE in a Northeasterly direction with the common North
right-of-way line of said Grand Circle Boulevard, the North line of
this tract of land and said curve to the right having a central
angle of 42°04'54", a radius of 340.00 feet, a length of 249.72 feet,
and a chord bearing and distance of N 80°10'24" E, 244.14 feet to a
set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
end of this curve.
THENCE S 78°47'08" E with the common North right-of-way line
of said Grand Circle Boulevard and the North line of this tract of
land a distance of 183.98 feet to a set 5/8" iron rod with cap
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
left.
THENCE in a Southeasterly direction with the common North
right-of-way line of said Grand Circle Boulevard, the North line of
this tract of land and said curve to the left having a central angle
of 12°30'52", a radius of 260.00 feet, a length of 56.79 feet, and a
chord bearing and distance of S 85°02'35" E, 56.68 feet to a set 5/8"
iron rod with cap stamped "E.H.R.A. 713-784-4500" for the end of
this curve.
THENCE N 88°42'07" E with the common North right-of-way line
of said Grand Circle Boulevard and the North line of this tract of
land a distance of 522.00 feet to a set 5/8" iron rod with cap
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
right.
THENCE in a Southeasterly direction with the common North
right-of-way line of said Grand Circle Boulevard, the North line of
this tract of land and said curve to the right having a central
angle of 24°56'38", a radius of 340.00 feet, a length of 147.82 feet
and a chord bearing and distance of S 78°50'34" E, 146.66 feet to a
set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
beginning of a reverse curve to the left.
THENCE in a Northeasterly direction with the common North
right-of-way line of said Grand Circle Boulevard, the North line of
this tract of land and said reverse curve to the left having a
central angle of 92°17'27", a radius of 25.00 feet, a length of 40.27
feet and a chord bearing and distance of N 67°28'02" E, 36.05 feet to
a set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
Northeast corner of this tract of land and the end of said reverse
curve to the left; said point being the Southwest intersection of
Westside Way (80' right-of-way) as recorded at F.C. No. 602144 of
the H.C.M.R. and said Grand Circle Boulevard.
THENCE S 21°19'19" W with the Northeast line of this tract of
land a distance of 5.27 feet to a set 5/8" iron rod with cap stamped
"E.H.R.A. 713-784-4500" for the beginning of a curve to the left.
THENCE in a Southeasterly direction with the common
Southwesterly right-of-way line of said Grand Circle Boulevard, the
Easterly line of this tract of land and said curve to the left
having a central angle of 87°40'44", a radius of 105.00 feet, a
length of 160.68 feet and a chord bearing and distance of S 22°31'03"
E, 145.45 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the beginning of a reverse curve to the right.
THENCE in a Southeasterly direction with the Southwesterly
right-of-way line of said Grand Circle Boulevard, the Easterly line
of this tract of land and said reverse curve to the right having a
central angle of 09°46'53", a radius of 1500.00 feet, a length of
256.08 feet and a chord bearing and distance of S 61°27'59" E, 255.77
feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the end of this reverse curve.
THENCE S 56°34'32" E with the Southwesterly right-of-way line
of said Grand Circle Boulevard and the Easterly line of this tract
of land a distance of 187.17 feet to a found 5/8" iron rod with cap
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
right.
THENCE in a Southeasterly direction with the Southwesterly
right-of-way line of said Grand Circle Boulevard, the Easterly line
of this tract of land and said curve to the right having a central
angle of 13°05'36", a radius of 570.00 feet, a length of 130.26 feet
and a chord bearing and distance of S 50°01'44" E, 129.98 feet to a
found 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for
the beginning of a compound curve to the right.
THENCE in a Southeasterly direction with the Westerly
right-of-way line of said Grand Circle Boulevard, the Easterly line
of this tract of land and said compound curve to the right having a
central angle of 42°11'03", a radius of 470.00 feet, a length of
346.04 feet and a chord bearing and distance of S 22°23'24" E, 338.28
feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the end of this compound curve.
THENCE S 01°17'53" E with the Westerly right-of-way line of
said Grand Circle Boulevard and the Easterly line of this tract of
land a distance of 468.93 feet to a set 5/8" iron rod with cap
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
right.
THENCE in a Southerly direction with the common West
right-of-way line of said Grand Circle Boulevard, the East line of
this tract of land and said curve to the right having a central
angle of 06°21'59", a radius of 220.00 feet, a length of 24.45 feet
and a chord bearing and distance of S 01°53'07" W, 24.43 feet to a
found 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for
the beginning of a compound curve to the right.
THENCE in a Southwesterly direction with the common
Northwesterly right-of-way line of said Grand Circle Boulevard, the
Southeast line of this tract of land and said compound curve to the
right having a central angle of 34°12'51", a radius of 520.00 feet, a
length of 310.52 feet and a chord bearing and distance of S 22°10'32"
W, 305.92 feet to a 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the beginning of a compound curve to the right.
THENCE in a Southwesterly direction with the common
Northwesterly right-of-way line of said Grand Circle Boulevard, the
Southeast line of this tract of land and said compound curve to the
right having a central angle of 11°59'44", a radius of 620.00 feet, a
length of 129.81 feet and a chord bearing and distance of S 45°16'49"
W, 129.57 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the end of this curve.
THENCE S 51°16'41" W with the Northwesterly right-of-way line
of said Grand Circle Boulevard and the Southwest line of this tract
of land a distance of 165.06 feet to a found 5/8" iron rod with cap
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
right.
THENCE in a Southwesterly direction with the common Northwest
right-of-way line of said Grand Circle Boulevard, the Southeast
line of this tract of land and said curve to the right having a
central angle of 11°31'39", a radius of 525.00 feet, a length of
105.63 feet and a chord bearing and distance of S 57°02'31" W, 105.45
feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the end of this curve.
THENCE S 62°48'20" W with the common Northwesterly
right-of-way line of said Grand Circle Boulevard and the Southeast
line of this tract of land a distance of 122.10 feet to a found 5/8"
iron rod with cap stamped "E.H.R.A. 713-784-4500" for the beginning
of a curve to the right.
THENCE in a Southwesterly direction with the common
Northwesterly right-of-way line of said Grand Circle Boulevard, the
Southeast line of this tract of land and said curve to the right
having a central angle of 21°56'19", a radius of 720.00 feet, a
length of 275.69 feet and a chord bearing and distance of S 73°46'30"
W, 274.01 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the beginning of a compound curve to the right.
THENCE in a Southwesterly direction with the common
Northwesterly right-of-way line of said Grand Circle Boulevard, the
Southeast line of this tract of land and said compound curve to the
right having a central angle of 04°27'02", a radius of 3949.99 feet,
a length of 306.83 feet and a chord bearing and distance of S
86°58'11" W, 306.75 feet to a 5/8" iron rod with cap stamped
"E.H.R.A. 713-784-4500" found for the beginning of a compound curve
to the right.
THENCE in a Southwesterly direction with the common
Northeasterly right-of-way line of said Grand Circle Boulevard, the
Southwest line of this tract of land and said compound curve to the
right having a central angle of 11°38'51", a radius of 2937.00 feet,
a length of 597.06 feet and a chord bearing and distance of N
84°58'53" W, 596.03 feet to a found 5/8" iron rod with cap stamped
"E.H.R.A. 713-784-4500" for the beginning of a compound curve to
the right.
THENCE in a Northwesterly direction with the common
Northeasterly right-of-way line of said Grand Circle Boulevard, the
Southwest line of this tract of land and said compound curve to the
right having a central angle of 33°55'34", a radius of 800.00 feet, a
length of 473.70 feet and a chord bearing and distance of N 62°11'40"
W, 466.81 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the end of this compound curve.
THENCE N 45°13'53" W with the Northeasterly right-of-way line
of said Grand Circle Boulevard and the Southwest line of this tract
of land a distance of 1.49 feet to a found 5/8" iron rod with cap
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
right.
THENCE in a Northwesterly direction with the Westerly line of
this tract of land, the Easterly right-of-way of said Grand Circle
Boulevard and said curve to the right having a central angle of
42°18'57", a radius of 790.00 feet, a length of 583.46 feet and a
chord bearing and distance of N 24°04'24" W, 570.29 feet to a found
5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the end
of this curve.
THENCE N 02°54'56" W with the Westerly line of this tract of
land and the Easterly right-of-way of said Grand Circle Boulevard a
distance of 65.71 feet to a found 5/8" iron rod with cap stamped
"E.H.R.A. 713-784-4500" for the beginning of a curve to the right.
THENCE in a Northeasterly direction with the Westerly line of
this tract of land, the Easterly right-of-way of said Grand Circle
Boulevard and said curve to the right having a central angle of
19°44'56", a radius of 1260.00 feet, a length of 434.30 feet and a
chord bearing and distance of N 06°57'32" E, 432.15 feet to a found
5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
beginning of a compound curve to the right.
THENCE in a Northeasterly direction with the Northwesterly
line of this tract of land, the Southeasterly right-of-way of said
Grand Circle Boulevard and said compound curve to the right having a
central angle of 30°41'24", a radius of 940.00 feet, a length of
503.50 feet and a chord bearing and distance of N 32°10'42" E, 497.51
feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
713-784-4500" for the end of this compound curve.
THENCE N 47°31'24" E with the Northwesterly line of this tract
of land and the Southeasterly right-of-way of said Grand Circle
Boulevard a distance of 16.25 feet to a found 5/8" iron rod with cap
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
right.
THENCE in a Northeasterly direction with the Northwesterly
line of this tract of land, the Southeasterly right-of-way of said
Grand Circle Boulevard and said curve to the right having a central
angle of 11°36'33", a radius of 1165.00 feet, a length of 236.05 feet
and a chord bearing and distance of N 53°19'41" E, 235.65 feet to the
PLACE OF BEGINNING; containing within said boundaries a calculated
area of 88.03 (3,834,413 sq.ft.) of an acre of land.
TRACT 2 - 15.59 ACRES
Being all of Restricted Reserve A of Westside Mall, Section
1, Partial Replat No. 1 according to the map or plat thereof as
recorded at Film Code No. 675479 of the Map Records of Harris
County, Texas.
TRACT 3 - 4.09 ACRES
FIELD NOTES of a 4.09 acre tract of land situated in the H.T. &
B. RR Co. Survey, Abstract No. 421, Harris County, Texas; said
4.09 acre tract of land being out of and a part of Restricted
Reserve A according to the map or plat thereof as recorded at Film
Code No. 462117 of the Map Records of Harris County, Texas; said
4.09 acre tract of land being more particularly described by metes
and bounds as follows:
NOTE: All bearings are Lambert grid bearings and all
coordinates refer to the Texas State Plane Coordinate System, South
Central Zone (#4202), as defined by article 21.071 of the Natural
Resources Code of the State of Texas, 1983 Datum (2001 adjustment).
All distance are actual distances. Scale factor = 0.99989325287.
BEGINNING at a found 1/2 inch iron rod with cap stamped "Bury &
Partners" for the Northwest corner of this tract of land, the same
being the Southwest corner of a called 7.0279 acre tract of land
conveyed to J.C. Penney Properties, Inc. as recorded at County
Clerk's File No. Y870027 of the Official Public Records of Real
Property of Harris County, Texas; said point being in the East
right-of-way line of State Highway 99 (aka Grand Parkway, R.O.W.
varies) as recorded at County Clerk's File No. M125086 of the
Official Public Records of Real Property of Harris County, Texas.
THENCE N 88°19'00" E with the North line of this tract of land
and the South line of J.C. Penney tract of land a distance of 271.10
feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
713-784-4500", an angle point of said J.C. Penney tract of land.
THENCE S 01°40'57" E with the North line of this tract of land
and the South line of said J.C. Penney tract of land a distance of
8.00 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
713-784-4500", an angle point of said J.C. Penney tract of land.
THENCE N 88°19'03" E with the North line of this tract of land
and the South line of said J.C. Penney tract of land a distance of
76.25 feet to a found mag nail with shiner stamped "Bury & Partners"
for an angle point of this tract of land and an angle point of a
tract of land called 4.996 acres as conveyed to Parkside NEC Grand
Parkway as recorded at County Clerk's File No. 20140006523 of the
Official Public Records of Real Property of Harris County, Texas.
THENCE N 02°40'57" W with the North line of this tract of land
and an interior line of said Parkside NEC tract of land a distance
of 8.00 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
713-784-4500", an angle point of said Parkside NEC tract of land;
said point being in the South line of said J.C. Penney tract of
land.
THENCE N 88°19'03" E with the North line of this tract of land
and the South line of said J.C. Penney tract of land a distance of
73.89 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
713-784-4500", an angle point of said J.C. Penney tract of land.
THENCE S 01°40'57" E with an interior line of this tract of
land and the most Westerly East line of said J.C. Penney tract of
land a distance of 115.00 feet to a found mag nail with shiner
stamped "Bury & Partners" for an interior corner of this tract of
land and an angle point of said J.C. Penney tract of land.
THENCE N 88°19'03" E with the North line of this tract of land
and the South line of said J.C. Penney tract of land a distance of
305.86 feet to a found mag nail with shiner stamped "Bury &
Partners" for the most Easterly Northeast corner of this tract of
land and the Southeast corner of said J.C. Penney tract of land;
said point being in the West right-of-way line of Grand Circle
Boulevard (80' R.O.W.) as recorded at Film Code No. 446143 of the
Map Records of Harris County, Texas, and the beginning of a
non-tangent curve to the left, concave Easterly.
THENCE in a Southerly direction with the East line of this
tract of land, the West right-of-way line of said Grand Circle
Boulevard and said non-tangent curve to the left having a central
angle of 00°41'26", a radius of 1340.00 feet, a length of 16.15 feet
and a chord bearing and distance of S 06°05'18" W, 16.15 feet to a
found 3/4 inch iron rod with cap stamped "E.H.R.A. 713-784-4500"
for the most Easterly Southeast corner of this tract of land and
also being the Northeast corner of a called 1.5000 acre tract of
land conveyed to Cowboy Red-Katy, Ltd. as recorded at County
Clerk's File No. 20090003573 of the Official Public Records of Real
Property of Harris County, Texas.
THENCE S 88°19'03" W with the most Easterly South line of this
tract of land and the North line of said Cowboy Red-Katy tract of
land a distance of 226.15 feet to a found 'X' for an angle point of
this tract of land and also being the Northwest corner of said
Cowboy Red-Katy tract of land.
THENCE S 01°40'57" E with the East line of this tract of land
and the West line of said Cowboy Red-Katy tract of land a distance
of 197.16 feet to a found 5/8 inch iron rod with cap stamped
"E.H.R.A. 713-784-4500" for the Easterly Southeast corner of this
tract of land.
THENCE S 88°20'27" W, a distance of 243.49 feet to a found 5/8
inch iron rod with cap stamped "E.H.R.A. 713-784-4500" for an
internal corner of the herein described tract.
THENCE S 01°41'03" E, a distance of 135.45 feet to a found 5/8
inch iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
point of curvature to the left.
THENCE in a southerly direction with said curve to the left
having a central angle of 21°52'28", a radius of 212.00 feet, a
length of 80.94 feet and a chord bearing and distance of S 12°37'17"
E, 80.45 feet to a found 5/8 inch iron rod with cap stamped
"E.H.R.A. 713-784-4500", being the beginning of a non-tangent curve
to the left, concave Southeasterly; said point being in the South
line of said Reserve A and also being in the North right-of-way line
of Mercantile Parkway (R.O.W. varies) as recorded at Film Code
No. 446143 of the Map Records of Harris County, Texas.
THENCE in a Southwesterly with the South line of this tract of
land, the South line of said Reserve A, the North right-of-way line
of said Mercantile Parkway and said curve to the right having a
central angle of 09°15'11", a radius of 500.00 feet, a length of
80.75 feet and a chord bearing and distance of S 67°14'17" W, 80.66
feet to the most Southerly Southwest corner of this tract of land
and also being the Southeast corner of a called 1.459 acre tract of
land conveyed to Levine Investments Limited Partnership as recorded
at County Clerk's File No. 20080241652 of the Official Public
Records of Real Property of Harris County, Texas; from this point a
found 3/4 inch iron rod with cap stamped "Pate Surveyors" bears S
58°23'35" W a distance of 0.21 feet.
THENCE N 01°41'03" W with an interior line of this tract of
land and the East line of said Levine Investments tract of land a
distance of 243.47 feet to a found "X" for an angle point of this
tract of land and also being the Northeast corner of said Levine
Investments tract of land.
THENCE S 88°20'27" W with the South line of this tract of and
the North line of said Levine Investments tract of land a distance
of 232.73 feet to a found 3/4 inch iron rod with cap stamped "Pate
Surveyors" for the most Westerly Southwest corner of this tract of
land, the Northwest corner of said Levine Investments tract of land
and also being in the East right-of-way line of said State Highway
99.
THENCE N 04°51'27" E with the West line of this tract of land
and the East right-of-way line of said State Highway 99 a distance
of 330.09 feet to the PLACE OF BEGINNING; containing within said
boundaries a calculated area of 4.09 acres (178,296 sq.ft.) of
land.
TRACT 4 - 1.78 ACRES
Being all of Unrestricted Reserve D in Block 3 of Westside
Mall, Section One according to the map or plat thereof as recorded
at Film Code No. 462117 of the Map Records of Harris County, Texas.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4321 was passed by the House on May
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4321 was passed by the Senate on May
24, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor