Bill Text: TX HB4321 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [HB4321 Detail]
Download: Texas-2017-HB4321-Comm_Sub.html
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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [HB4321 Detail]
Download: Texas-2017-HB4321-Comm_Sub.html
By: Schofield (Senate Sponsor - Huffman) | H.B. No. 4321 | |
(In the Senate - Received from the House May 19, 2017; | ||
May 19, 2017, read first time and referred to Committee on | ||
Administration; May 23, 2017, reported favorably by the following | ||
vote: Yeas 7, Nays 0; May 23, 2017, sent to printer.) | ||
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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. | ||
* * * * * |