Bill Text: TX HB4333 | 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 the Harris County Improvement District No. 24; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [HB4333 Detail]
Download: Texas-2017-HB4333-Comm_Sub.html
Bill Title: Relating to the creation of the Harris County Improvement District No. 24; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [HB4333 Detail]
Download: Texas-2017-HB4333-Comm_Sub.html
By: Davis of Harris (Senate Sponsor - Huffman) | H.B. No. 4333 | |
(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 the Harris County Improvement District | |||||
No. 24; providing authority to issue bonds; providing authority to | |||||
impose assessments, fees, and taxes. | |||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | |||||
Code, is amended by adding Chapter 3799 to read as follows: | |||||
CHAPTER 3799. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 24 | |||||
SUBCHAPTER A. GENERAL PROVISIONS | |||||
Sec. 3799.001. DEFINITIONS. In this chapter: | |||||
(1) "Board" means the district's board of directors. | |||||
(2) "City" means the City of Houston. | |||||
(3) "County" means Harris County. | |||||
(4) "Director" means a board member. | |||||
(5) "District" means the Harris County Improvement | |||||
District No. 24. | |||||
Sec. 3799.002. CREATION AND NATURE OF DISTRICT. The | |||||
district is a special district created under Section 59, Article | |||||
XVI, Texas Constitution. | |||||
Sec. 3799.003. 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 city, 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 city or 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 city or county services provided | |||||
in the district. | |||||
Sec. 3799.004. 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. 3799.005. 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. 3799.006. APPLICABILITY OF MUNICIPAL MANAGEMENT | |||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | |||||
Chapter 375, Local Government Code, applies to the district. | |||||
Sec. 3799.007. 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. 3799.051. 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 5 or more than 15 voting directors. | |||||
Sec. 3799.052. APPOINTMENT OF VOTING DIRECTORS. The mayor | |||||
and members of the governing body of the city shall appoint voting | |||||
directors from persons recommended by the board. A person is | |||||
appointed if a majority of the members of the governing body and the | |||||
mayor vote to appoint that person. | |||||
Sec. 3799.053. NONVOTING DIRECTORS. The board may appoint | |||||
nonvoting directors to serve at the pleasure of the voting | |||||
directors. | |||||
Sec. 3799.054. 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. 3799.055. INITIAL VOTING DIRECTORS. (a) The initial | |||||
board consists of the following voting directors: | |||||
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(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 3799.052 does not apply to the initial voting | |||||
directors. | |||||
(d) This section expires September 1, 2021. | |||||
SUBCHAPTER C. POWERS AND DUTIES | |||||
Sec. 3799.101. GENERAL POWERS AND DUTIES. The district has | |||||
the powers and duties necessary to accomplish the purposes for | |||||
which the district is created. | |||||
Sec. 3799.102. 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. 3799.103. 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. 3799.104. LAW ENFORCEMENT SERVICES. To protect the | |||||
public interest, the district may contract with a qualified party, | |||||
including the city or the county, to provide law enforcement | |||||
services in the district for a fee. | |||||
Sec. 3799.105. 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. 3799.106. 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. 3799.107. APPROVAL BY CITY. (a) Except as provided | |||||
by Subsection (c), the district must obtain the approval of the city | |||||
for: | |||||
(1) the issuance of bonds; | |||||
(2) the plans and specifications of an improvement | |||||
project financed by bonds; and | |||||
(3) the plans and specifications of an improvement | |||||
project related to the use of land owned by the city, an easement | |||||
granted by the city, or a right-of-way of a street, road, or | |||||
highway. | |||||
(b) The district may not issue bonds until the governing | |||||
body of the city adopts a resolution or ordinance authorizing the | |||||
issuance of the bonds. | |||||
(c) If the district obtains the approval of the city's | |||||
governing body of a capital improvements budget for a period not to | |||||
exceed 10 years, the district may finance the capital improvements | |||||
and issue bonds specified in the budget without further approval | |||||
from the city. | |||||
(d) The governing body of the city: | |||||
(1) is not required to adopt a resolution or ordinance | |||||
to approve plans and specifications described by Subsection (a); | |||||
and | |||||
(2) may establish an administrative process to approve | |||||
plans and specifications described by Subsection (a) without the | |||||
involvement of the governing body. | |||||
Sec. 3799.108. NO ANNEXATION POWER. The district may not | |||||
annex land without legislative approval. | |||||
Sec. 3799.109. NO EMINENT DOMAIN POWER. The district may | |||||
not exercise the power of eminent domain. | |||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | |||||
Sec. 3799.151. 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. 3799.152. 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. 3799.153. 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. 3799.154. 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. 3799.155. 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. 3799.201. 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 3799.203. | |||||
(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. 3799.202. OPERATION AND MAINTENANCE TAX. (a) If | |||||
authorized by a majority of the district voters voting at an | |||||
election held in accordance with Section 3799.201, 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. 3799.203. 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. 3799.204. 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. 3799.205. 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. | |||||
Sec. 3799.206. CITY NOT REQUIRED TO PAY DISTRICT | |||||
OBLIGATIONS. Except as provided by Section 375.263, Local | |||||
Government Code, the city is not required to pay a bond, note, or | |||||
other obligation of the district. | |||||
SECTION 2. The Harris County Improvement District No. 24 | |||||
initially includes all territory contained in the following area: | |||||
TRACT 1 | |||||
FIELD NOTE DESCRIPTION OF 5.369 ACRES (233,869 SQUARE FEET) | |||||
OF LAND IN THE A.C. REYNOLDS SURVEY, ABSTRACT No. 61 AND BEING | |||||
UNRESTRICTED RESERVE "A", HIGHLAND VILLAGE SHOPPING CENTER, | |||||
SECTION ONE AS RECORDED IN FILM CODE 629155, HARRIS COUNTY MAP | |||||
RECORDS, ALL BEING LOCATED IN THE CITY OF HOUSTON, HARRIS COUNTY, | |||||
TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | |||||
FOLLOWS: | |||||
BEGINNING at a PK Nail with Shiner found for the intersection | |||||
of the north right-of-way of Westheimer (80-feet wide) and the west | |||||
right-of-way of Drexel Drive (60-feet wide), said point also being | |||||
the southeast corner of Unrestricted Reserve "A"; | |||||
THENCE, S 86°49'28" W, along the north right-of-way line of | |||||
Westheimer, common with the south line of Unrestricted Reserve "A", | |||||
a distance of 767.10 feet to a PK Nail with Shiner found for the | |||||
southwest corner of the herein described tract, said point being on | |||||
the east line of the Union Pacific Railroad Fee Strip; | |||||
THENCE, N 02°46'33" W, along the east line of the Union | |||||
Pacific Railroad Fee Strip, common with the west line of | |||||
Unrestricted Reserve "A", a distance of 300.00 feet to a 5/8-inch | |||||
iron rod with cap found for the northwest corner of the herein | |||||
described tract, said point also being the southwest corner of Oak | |||||
Estates Subdivision, Section Two as recorded in Volume 35, Page 43 | |||||
Harris County Map Records; | |||||
THENCE, N 86°49'28" E, along the south line of Oak Estates | |||||
Subdivision, Section Two, common with the north line of | |||||
Unrestricted Reserve "A", a distance of 657.84 feet to a 5/8-inch | |||||
iron rod with cap found for an interior corner of the herein | |||||
described tract and being the southeast corner of Oak Estates | |||||
Subdivision, Section Two; | |||||
THENCE, N 02°11'30" W, along the west line of Oak Estates | |||||
Subdivision, Section Two, a distance of 5.14 feet to a 5/8-inch iron | |||||
rod with cap found for an interior corner of the herein described | |||||
tract, said point being the southwest corner of Block Six, Oak | |||||
Estates Subdivision, Section One; | |||||
THENCE, N 87°12'29" E, along the south line of Block Six, | |||||
common with the north line of Unrestricted Reserve "A", a distance | |||||
of 163.65 feet to a 5/8-inch iron rod with cap found for the | |||||
northeast corner of the herein described tract, said point being on | |||||
the west right-of-way line of Drexel Drive and being on a | |||||
non-tangent curve to the left; | |||||
THENCE, along the aforementioned curve to the left, being the | |||||
west right-of-way line of Drexel Drive, common with the east line of | |||||
Unrestricted Reserve "A", having a radius of 338.66 feet, a delta of | |||||
32°58'06", an arc length of 194.87 feet, a chord bearing of S | |||||
13°41'31" W, and a chord distance of 192.19 feet to a PK Nail with | |||||
Shiner found for a point of tangency; | |||||
THENCE, S 02°47'32" E, along the west right-of-way line of | |||||
Drexel Drive, common with the east line of Unrestricted Reserve | |||||
"A", a distance of 120.12 feet to the POINT OF BEGINNING and | |||||
containing 5.369 acres (233,869 square feet) of land. | |||||
TRACT 2 | |||||
FIELD NOTE DESCRIPTION OF 4.0363 ACRES (175,820 SQUARE FEET) | |||||
OF LAND COMPRISED OF RESERVE "B" AND ALL OF THE UNRESTRICTED TRACT | |||||
EAST OF DREXEL DRIVE IN THE PLAT OF OAK ESTATES, SECTION ONE, AS | |||||
RECORDED IN VOLUME 31, PAGE 67, H.C.M.R., ALL LOCATED IN THE CITY OF | |||||
HOUSTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND | |||||
BOUNDS AS FOLLOWS: | |||||
BEGINNING at a PK Nail found for the intersection of the north | |||||
right-of-way line of Westheimer Road (80-feet wide) and the east | |||||
right-of-way line of Drexel Drive (60-feet wide) and being the | |||||
southwest corner of the herein described tract; | |||||
THENCE, N 02°47'32" W, along the east right-of-way line of | |||||
Drexel Drive, a distance of 119.72 feet to an "X" cut in concrete | |||||
for the point of a curve to the right; | |||||
THENCE, along the aforementioned curve to the right, being | |||||
the east right-of-way line of Drexel Drive, having a radius of | |||||
278.66 feet, a delta of 41°24'04", an arc length of 201.36 feet, a | |||||
chord bearing of N 17°54'30" E and a chord distance of 197.00 feet to | |||||
a 5/8-inch iron rod set with cap for the northwest corner of the | |||||
herein described tract, said point also being the southwest corner | |||||
of Block 8, Oak Estates, Section One; | |||||
THENCE N 87°12'33" E, along the south line of Block 8, a | |||||
distance of 527.04 feet to a 5/8-inch iron rod with cap set for the | |||||
southeast corner of Block 8, common with the northeast corner of the | |||||
herein described tract, said point also being on the west line of a | |||||
tract conveyed to Walgreens Co. Store No. 1582 and recorded in | |||||
Harris County Clerk's File No. J782393; | |||||
THENCE, S 02°21'32" E, along the west line of the Walgreens | |||||
Co. Store No. 1582 tract, a distance of 300.02 feet to a PK Nail | |||||
found for the southwest corner of the Walgreens Co. Store No. 1582 | |||||
tract, common with the southeast corner of the herein described | |||||
tract and being on the north right-of-way line of Westheimer Road; | |||||
THENCE, S 86°49'28" W, along the north right-of-way line of | |||||
Westheimer Road, a distance of 594.42 feet to the POINT OF BEGINNING | |||||
and containing 4.0363 acres (175,820 square feet) of land. | |||||
TRACT 3 | |||||
FIELD NOTE DESCRIPTION OF 3.5246 ACRES (153,531 SQUARE FEET) | |||||
BEING THE RESERVED TRACT LOCATED BETWEEN SUFFOLK DRIVE AND DREXEL | |||||
DRIVE, IN THE PLAT OF HIGHLAND VILLAGE SUBDIVISION, AS RECORDED IN | |||||
VOLUME 27, PAGE 42, H.C.M.R., ALL BEING LOCATED IN THE CITY OF | |||||
HOUSTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND | |||||
BOUNDS AS FOLLOWS: | |||||
BEGINNING at a PK Nail found for the intersection of the south | |||||
right-of-way line of Westheimer Road (80-feet wide) and the west | |||||
right-of-way line of Drexel Drive (60-feet wide) and being the | |||||
northeast corner of the herein described tract; | |||||
THENCE, along a curve to the left, being the west | |||||
right-of-way line of Drexel Drive, having a radius of 337.92 feet, a | |||||
delta of 24°46'37", an arc length of 146.13 feet, a chord bearing of | |||||
S 15°31'55" E and a chord distance of 144.99 feet to a point of | |||||
tangency; | |||||
THENCE, S 27°54'33" E, along the west right-of-way line of | |||||
Drexel Drive, a distance of 0.28 feet to a point for a curve to the | |||||
right; | |||||
THENCE, along the aforementioned curve to the right, being | |||||
the west right-of-way line of Drexel Drive, having a radius of | |||||
249.66 feet, a delta of 27°15'42", an arc length of 118.79 feet, a | |||||
chord bearing of S 14°16'42" E and a chord distance of 117.67 feet to | |||||
a point of tangency; | |||||
THENCE, S 00°40'36" E, along the west right-of-way line of | |||||
Drexel Drive, a distance of 2.40 feet to a 1/2-inch iron rod found | |||||
for the southeast corner of the herein described tract, said point | |||||
also being the northeast corner of Block 6, Highland Village | |||||
Subdivision; | |||||
THENCE, S 86°49'28" W, along the north line of Block 6, a | |||||
distance of 652.48 feet to a 1/2-inch iron rod with cap found for | |||||
the southwest corner of the herein described tract, common with the | |||||
northwest corner of Block 6 and being on a non-tangent curve to the | |||||
right; | |||||
THENCE, along the aforementioned curve to the right, being | |||||
the east right-of-way line of Suffolk Drive, having a radius of | |||||
240.45 feet, a delta of 24°59'21", an arc length of 104.87 feet, a | |||||
chord bearing of N 09°44'58" E and a chord distance of 104.04 feet to | |||||
a point of tangency; | |||||
THENCE, N 22°14'38" E, along the east right-of-way line of | |||||
Suffolk Drive, a distance of 34.45 feet to a point for a curve to the | |||||
left; | |||||
THENCE, along the aforementioned curve to the left, being the | |||||
east right-of-way line of Suffolk Drive, having a radius of 296.96 | |||||
feet, a delta of 25°22'34", an arc length of 131.52 feet, a chord | |||||
bearing of N 09°33'21" E and a chord distance of 130.45 feet to a | |||||
1/2-inch iron rod with cap found for the northwest corner of the | |||||
herein described tract and being on the south right-of-way line of | |||||
Westheimer Road; | |||||
THENCE, N 86°49'28" E, along the south right-of-way line of | |||||
Westheimer Road, a distance of 532.00 feet to the POINT OF BEGINNING | |||||
and containing 3.5246 acres (153,531 square feet) of land. | |||||
TRACT 4 | |||||
FIELD NOTE DESCRIPTION OF 0.8377 ACRES (36,492 SQUARE FEET) | |||||
BEING RESERVES A & B AND THE RESERVED TRACT EAST OF DREXEL, IN THE | |||||
PLAT OF HIGHLAND VILLAGE SUBDIVISION AS RECORDED IN VOLUME 27, PAGE | |||||
42, H.C.M.R., ALL BEING LOCATED IN THE CITY OF HOUSTON, TEXAS AND | |||||
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | |||||
BEGINNING at a PK Nail found for the intersection of the south | |||||
right-of-way line of Westheimer Road (80-feet wide) and the east | |||||
right-of-way line of Drexel Drive (60-feet wide) and being the | |||||
northwest corner of the herein described tract; | |||||
THENCE, N 86°49'28" E, along the south right-of-way line of | |||||
Westheimer Road, a distance of 175.00 feet to a 5/8-inch iron rod | |||||
found for the northeast corner of the herein described tract, said | |||||
point being the northwest corner of a called 1.7783 acre tract | |||||
conveyed to Weshy, Ltd. Under Harris County Clerk's File | |||||
No. S582699; | |||||
THENCE, S 00°40'36" E, along the west line of the called | |||||
1.7783 acre tract, a distance of 260.01 feet to a 5/8-inch iron rod | |||||
with cap set for the southeast corner of the herein described tract, | |||||
said point also being the northeast corner of Block 1, Highland | |||||
Village Subdivision; | |||||
THENCE, S 86°49'28" W, along the north line of Block 1, a | |||||
distance of 109.93 feet to a 1/2-inch iron rod found for the | |||||
southwest corner of the herein described tract, common with the | |||||
northwest corner of Block 1 and being on a non-tangent curve to the | |||||
left; | |||||
THENCE, along the aforementioned curve to the left, being the | |||||
east right-of-way line of Drexel Drive, having a radius of 309.66 | |||||
feet, a delta of 27°12'57", an arc length of 147.09 feet, a chord | |||||
bearing of N 14°18'05" W and a chord distance of 145.71 feet to a | |||||
point of tangency; | |||||
THENCE, N 27°54'33" W, along the east right-of-way line of | |||||
Drexel Drive, a distance of 0.28 feet to a point for a curve to the | |||||
right; | |||||
THENCE, along the aforementioned curve to the right, being | |||||
the east right-of-way line of Drexel Drive, having a radius of | |||||
277.92 feet, a delta of 24°47'10", an arc length of 120.23 feet, a | |||||
chord bearing of N 15°30'58" W and a chord distance of 119.29 feet to | |||||
the POINT OF BEGINNING and containing 0.8377 acres (36,492 square | |||||
feet) of land. | |||||
TRACT 5 | |||||
FIELD NOTE DESCRIPTION OF 0.8429 ACRES (36,717 SQUARE FEET) | |||||
BEING THE RESERVED TRACT LOCATED WEST OF SUFFOLK DRIVE, IN THE PLAT | |||||
OF HIGHLAND VILLAGE SUBDIVISION, AS RECORDED IN VOLUME 27, PAGE 42, | |||||
H.C.M.R., ALL BEING LOCATED IN THE CITY OF HOUSTON, TEXAS AND BEING | |||||
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | |||||
BEGINNING at a point for the Intersection of the south | |||||
right-of-way line of Westheimer Road (80-feet wide) and the west | |||||
right-of-way line of Suffolk Drive (60-feet wide) and being the | |||||
northeast corner of the herein described tract; | |||||
THENCE, along a curve to the right, being the west | |||||
right-of-way line of Suffolk Drive, having a radius of 236.96 feet, | |||||
a delta of 25°21'55", an arc length of 104.90 feet, a chord bearing | |||||
of S 09°33'41" W and a chord distance of 104.05 feet to a point of | |||||
tangency; | |||||
THENCE, S 22°14'38" W, along the west right-of-way line of | |||||
Suffolk Drive, a distance of 34.45 feet to a point for a curve to the | |||||
left; | |||||
THENCE, along the aforementioned curve to the left, being the | |||||
west right-of-way line of Suffolk Drive, having a radius of 300.45 | |||||
feet, a delta of 25°01'11", an arc length of 131.20 feet, a chord | |||||
bearing of S 09°44'02" W and a chord distance of 130.16 feet to a | |||||
point of tangency; | |||||
THENCE, S 02°46'33" E, along the west right-of-way line of | |||||
Suffolk Drive, a distance of 0.29 feet to the southeast corner of | |||||
the herein described tract, said point also being the northeast of | |||||
Unrestricted Reserve "A", Highland Village Subdivision, Partial | |||||
Replat No. 1 as recorded in Film Code 630209 H.C.M.R.; | |||||
THENCE, S 86°49'28" W, along the north line of Unrestricted | |||||
Reserve "A", a distance of 110.00 feet to the southwest corner of | |||||
the herein described tract, common with the northwest corner of | |||||
Unrestricted Reserve "A" and being on the east line of the Union | |||||
Pacific tract; | |||||
THENCE, N 02°46'33" W, along the east line of the Union | |||||
Pacific tract, a distance of 259.77 feet to the northwest corner of | |||||
the herein described tract and being on the south right-of-way line | |||||
of Westheimer Road; | |||||
THENCE, N 86°49'28" E, along the south right-of-way line of | |||||
Westheimer Road, a distance of 175.00 feet to the POINT OF BEGINNING | |||||
and containing 0.8429 acres (36,717 square feet) of land. | |||||
TRACT 6 | |||||
FIELD NOTE DESCRIPTION OF 0.5050 ACRES (22,000 SQUARE FEET) | |||||
BEING ALL OF UNRESTRICTED RESERVE A, HIGHLAND VILLAGE PARTIAL | |||||
REPLAT No. 1 AS RECORDED IN FILM CODE 630209 H.C.M.R., ALL BEING | |||||
LOCATED IN THE CITY OF HOUSTON, TEXAS AND BEING MORE PARTICULARLY | |||||
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | |||||
COMMENCING at a point for the intersection of the south | |||||
right-of-way line of Westheimer Road (80-feet wide) and the west | |||||
right-of-way line of Suffolk Drive (60-feet wide) and being the | |||||
northeast corner of the of the Highland Village Reserved Tract as | |||||
recorded in Volume 027, Page 042, Harris County Map Records and | |||||
being on a non-tangent curve to the right; | |||||
THENCE, along a curve to the right, being the west | |||||
right-of-way line of Suffolk Drive, having a radius of 236.96 feet, | |||||
a delta of 25°21'55", an arc length of 104.90 feet, a chord bearing | |||||
of S 09°33'41" W and a chord distance of 104.05 feet to a point of | |||||
tangency; | |||||
THENCE, S 22°14'38" W, along the west right-of-way line of | |||||
Suffolk Drive, a distance of 34.45 feet to a point for a curve to the | |||||
left; | |||||
THENCE, along the aforementioned curve to the left, being the | |||||
west right-of-way line of Suffolk Drive, having a radius of 300.45 | |||||
feet, a delta of 25°01'11", an arc length of 131.20 feet, a chord | |||||
bearing of S 09°44'02" W and a chord distance of 130.16 feet to a | |||||
point of tangency; | |||||
THENCE, S 02°46'33" E, along the west right-of-way line of | |||||
Suffolk Drive, a distance of 0.29 feet to the POINT OF BEGINNING and | |||||
the northeast corner Unrestricted Reserve "A"; | |||||
THENCE, S 02°46'33" E, along the west right-of-way line of | |||||
Suffolk Drive, a distance of 200.00 feet to the southeast corner of | |||||
the herein described tract, said point also being the northeast of | |||||
the remainder of Lot 83, Highland Village Subdivision; | |||||
THENCE, S 86°49'28" W, along the north line of the remainder | |||||
of Lot 83, a distance of 110.00 feet to the southwest corner of the | |||||
herein described tract, common with the northwest corner of the | |||||
remainder of Lot 83 and being on the east line of the Union Pacific | |||||
tract; | |||||
THENCE, N 02°46'33" W, along the east line of the Union | |||||
Pacific tract, a distance of 200.00 feet to the northwest corner of | |||||
Unrestricted Reserve "A"; | |||||
THENCE, N 86°49'28" E, along the north line of Unrestricted | |||||
Reserve "A", a distance of 110.00 feet to the POINT OF BEGINNING and | |||||
containing 0.5050 acres (22,000 square feet) 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, 2017. | |||||
* * * * * |