Bill Text: TX SB2276 | 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 Lakewood Improvement District of Harris County; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2276 Detail]
Download: Texas-2017-SB2276-Comm_Sub.html
Bill Title: Relating to the creation of Lakewood Improvement District of Harris County; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2276 Detail]
Download: Texas-2017-SB2276-Comm_Sub.html
By: Creighton | S.B. No. 2276 | |
(In the Senate - Filed April 12, 2017; April 18, 2017, read | ||
first time and referred to Committee on Intergovernmental | ||
Relations; May 12, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 6, Nays 0; | ||
May 12, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 2276 | By: Garcia |
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relating to the creation of Lakewood Improvement District of Harris | ||||||
County; providing authority to issue bonds; providing authority to | ||||||
impose assessments, fees, or taxes. | ||||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||||||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||||||
Code, is amended by adding Chapter 3951 to read as follows: | ||||||
CHAPTER 3951. LAKEWOOD IMPROVEMENT DISTRICT OF HARRIS COUNTY | ||||||
SUBCHAPTER A. GENERAL PROVISIONS | ||||||
Sec. 3951.001. 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 Lakewood Improvement | ||||||
District of Harris County. | ||||||
Sec. 3951.002. NATURE OF DISTRICT. The district is a | ||||||
special district created under Section 59, Article XVI, Texas | ||||||
Constitution. | ||||||
Sec. 3951.003. 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, and to accomplish the redevelopment of | ||||||
land in the district. | ||||||
(c) This chapter and the creation of the district may not be | ||||||
interpreted to relieve the city or 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 city or county services | ||||||
provided in the district. | ||||||
Sec. 3951.004. 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, parking facilities, and | ||||||
conduit facilities 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 road, bridge, 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 or road 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. 3951.005. 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 bonds; | ||||||
(3) right to impose or collect an assessment or tax; or | ||||||
(4) legality or operation. | ||||||
Sec. 3951.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||||||
All or any part of the area of the district is eligible to be | ||||||
included in: | ||||||
(1) a tax increment reinvestment zone created under | ||||||
Chapter 311, Tax Code; | ||||||
(2) a tax abatement reinvestment zone created under | ||||||
Chapter 312, Tax Code; | ||||||
(3) an enterprise zone created under Chapter 2303, | ||||||
Government Code; or | ||||||
(4) an industrial district created under Chapter 42, | ||||||
Local Government Code. | ||||||
Sec. 3951.007. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||||||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||||||
Chapter 375, Local Government Code, applies to the district. | ||||||
Sec. 3951.008. CONSTRUCTION OF CHAPTER. This chapter shall | ||||||
be liberally construed in conformity with the findings and purposes | ||||||
stated in this chapter. | ||||||
SUBCHAPTER B. BOARD OF DIRECTORS | ||||||
Sec. 3951.051. 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 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. 3951.052. APPOINTMENT OF VOTING DIRECTORS. The Texas | ||||||
Commission on Environmental Quality shall appoint voting directors | ||||||
from persons recommended by the board. | ||||||
Sec. 3951.053. NONVOTING DIRECTORS. The board may appoint | ||||||
nonvoting directors to serve at the pleasure of the voting | ||||||
directors. | ||||||
Sec. 3951.054. 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. 3951.055. 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. 3951.056. INITIAL VOTING DIRECTORS. (a) The initial | ||||||
board consists of: | ||||||
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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 3951.052 does not apply to this section. | ||||||
(d) This section expires September 1, 2021. | ||||||
SUBCHAPTER C. POWERS AND DUTIES | ||||||
Sec. 3951.101. GENERAL POWERS AND DUTIES. The district has | ||||||
the powers and duties necessary to accomplish the purposes for | ||||||
which the district is created. | ||||||
Sec. 3951.102. 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. 3951.103. 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. 3951.104. 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. 3951.105. 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. 3951.106. LAW ENFORCEMENT SERVICES. To protect the | ||||||
public interest, the district may contract with a qualified party, | ||||||
including the county or the city, to provide law enforcement | ||||||
services in the district for a fee. | ||||||
Sec. 3951.107. 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. 3951.108. 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. 3951.109. 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 parts of and | ||||||
necessary components of a street and are considered to be a street | ||||||
or road improvement. | ||||||
(d) The development and operation of the district's parking | ||||||
facilities may be considered an economic development program. | ||||||
Sec. 3951.110. ANNEXATION AND EXCLUSION OF LAND. (a) The | ||||||
district may annex land as provided by Subchapter J, Chapter 49, | ||||||
Water Code. | ||||||
(b) The district may exclude land as provided by Subchapter | ||||||
J, Chapter 49, Water Code. Section 375.044(b), Local Government | ||||||
Code, does not apply to the district. | ||||||
Sec. 3951.111. NAVIGATION DISTRICT POWERS. (a) The | ||||||
district has the powers provided by the general law of this state | ||||||
applicable to navigation districts created under Section 59, | ||||||
Article XVI, Texas Constitution, including Chapters 60 and 62, | ||||||
Water Code. | ||||||
(b) The district may purchase, construct, acquire, own, | ||||||
operate, maintain, improve, or extend, inside and outside the | ||||||
district, a canal, waterway, bulkhead, dock, or other improvement | ||||||
or facility necessary or convenient to accomplish the navigation | ||||||
purposes of the district. | ||||||
Sec. 3951.112. ROAD DISTRICT POWERS. The district has the | ||||||
powers provided by the general laws relating to road districts and | ||||||
road utility districts created under Section 52(b), Article III, | ||||||
Texas Constitution, including Chapters 257 and 441, Transportation | ||||||
Code. | ||||||
Sec. 3951.113. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||||||
road project must meet all applicable construction standards, | ||||||
zoning and subdivision requirements, and regulations of each | ||||||
municipality in whose corporate limits or extraterritorial | ||||||
jurisdiction the road project is located. | ||||||
(b) If a road project is not located in the corporate limits | ||||||
or extraterritorial jurisdiction of a municipality, the road | ||||||
project must meet all applicable construction standards, | ||||||
subdivision requirements, and regulations of each county in which | ||||||
the road project is located. | ||||||
(c) If the state will maintain and operate the road, the | ||||||
Texas Transportation Commission must approve the plans and | ||||||
specifications of the road project. | ||||||
Sec. 3951.114. PROPERTY OF CERTAIN UTILITIES EXEMPT FROM | ||||||
ASSESSMENTS AND FEES. The district may not impose an assessment, | ||||||
impact fee, or standby fee on the property, including the | ||||||
equipment, rights-of-way, easements, facilities, or improvements, | ||||||
of: | ||||||
(1) an electric utility or a power generation company | ||||||
as defined by Section 31.002, Utilities Code; | ||||||
(2) a gas utility, as defined by Section 101.003 or | ||||||
121.001, Utilities Code, or a person who owns pipelines used for the | ||||||
transportation or sale of oil or gas or a product or constituent of | ||||||
oil or gas; | ||||||
(3) a person who owns pipelines used for the | ||||||
transportation or sale of carbon dioxide; | ||||||
(4) a telecommunications provider as defined by | ||||||
Section 51.002, Utilities Code; or | ||||||
(5) a cable service provider or video service provider | ||||||
as defined by Section 66.002, Utilities Code. | ||||||
Sec. 3951.115. USE OF ELECTRICAL OR OPTICAL LINES. | ||||||
(a) The district may impose an assessment to pay the cost of: | ||||||
(1) burying or removing electrical power lines, | ||||||
telephone lines, cable or fiber-optic lines, or any other type of | ||||||
electrical or optical line; | ||||||
(2) removing poles and any elevated lines using the | ||||||
poles; and | ||||||
(3) reconnecting the lines described by Subdivision | ||||||
(2) to the buildings or other improvements to which the lines were | ||||||
connected. | ||||||
(b) The district may finance, acquire, construct, improve, | ||||||
operate, maintain, or charge fees for the use of the district | ||||||
conduits for another person's: | ||||||
(1) telecommunications network; or | ||||||
(2) fiber-optic cable. | ||||||
(c) Consistent with Title 2, Utilities Code, the district | ||||||
may finance, construct, or maintain conduits for: | ||||||
(1) electronic transmission and distribution lines | ||||||
and supporting facilities; or | ||||||
(2) other types of transmission and distribution lines | ||||||
and supporting facilities. | ||||||
(d) The district may not require a person to use a district | ||||||
conduit. | ||||||
Sec. 3951.116. NO EMINENT DOMAIN POWER. The district may | ||||||
not exercise the power of eminent domain. | ||||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||||||
Sec. 3951.151. 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. 3951.152. 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. 3951.153. 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. 3951.154. 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 any part of the | ||||||
district. | ||||||
(b) An assessment, a reassessment, or an assessment | ||||||
resulting from an addition to or correction of the assessment roll | ||||||
by the district, penalties and interest on an assessment or | ||||||
reassessment, an expense of collection, and reasonable attorney's | ||||||
fees incurred by the district: | ||||||
(1) are a first and prior lien against the property | ||||||
assessed; | ||||||
(2) are superior to any other lien or claim other than | ||||||
a lien or claim for county, school district, or municipal ad valorem | ||||||
taxes; and | ||||||
(3) are the personal liability of and a charge against | ||||||
the owners of the property even if the owners are not named in the | ||||||
assessment proceedings. | ||||||
(c) The lien is effective from the date of the board's | ||||||
resolution imposing the assessment until the date the assessment is | ||||||
paid. The board may enforce the lien in the same manner that the | ||||||
board may enforce an ad valorem tax lien against real property. | ||||||
(d) The board may make a correction to or deletion from the | ||||||
assessment roll that does not increase the amount of assessment of | ||||||
any parcel of land without providing notice and holding a hearing in | ||||||
the manner required for additional assessments. | ||||||
Sec. 3951.155. TAX AND ASSESSMENT ABATEMENTS. The district | ||||||
may designate reinvestment zones and may grant abatements of a tax | ||||||
or assessment on property in the zones. | ||||||
Sec. 3951.156. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||||||
375.161, Local Government Code, does not apply to the district. | ||||||
Sec. 3951.157. COMPETITIVE BIDDING. Subchapter I, Chapter | ||||||
49, Water Code, applies to the district. Sections 375.221 and | ||||||
375.223, Local Government Code, do not apply to the district. | ||||||
SUBCHAPTER E. TAXES AND BONDS | ||||||
Sec. 3951.201. 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 3951.203. | ||||||
(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. 3951.202. OPERATION AND MAINTENANCE TAX. (a) If | ||||||
authorized by a majority of the district voters voting at an | ||||||
election held in accordance with Section 3951.201, 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. 3951.203. 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. 3951.204. 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. 3951.205. 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. 3951.206. BONDS FOR ROAD PROJECTS. At the time of | ||||||
issuance, the total principal amount of bonds or other obligations | ||||||
issued or incurred to finance road projects and payable from ad | ||||||
valorem taxes may not exceed one-fourth of the assessed value of the | ||||||
real property in the district. | ||||||
SUBCHAPTER F. SALES AND USE TAX | ||||||
Sec. 3951.251. MEANINGS OF WORDS AND PHRASES. A word or | ||||||
phrase used in this subchapter that is defined by Chapter 151 or | ||||||
321, Tax Code, has the meaning assigned by Chapter 151 or 321, Tax | ||||||
Code. | ||||||
Sec. 3951.252. APPLICABILITY OF CERTAIN TAX CODE | ||||||
PROVISIONS. (a) The provisions of Subchapters C, D, E, and F, | ||||||
Chapter 323, Tax Code, relating to county sales and use taxes apply | ||||||
to the application, collection, and administration of a sales and | ||||||
use tax imposed under this subchapter to the extent consistent with | ||||||
this chapter, as if references in Chapter 323, Tax Code, to a county | ||||||
referred to the district and references to a commissioners court | ||||||
referred to the board. | ||||||
(b) Sections 323.401-323.404 and 323.505, Tax Code, do not | ||||||
apply to a tax imposed under this subchapter. | ||||||
Sec. 3951.253. AUTHORIZATION; ELECTION. (a) The district | ||||||
shall adopt, reduce, or repeal the sales and use tax authorized by | ||||||
this subchapter at an election in which a majority of the voters of | ||||||
the district voting in the election approve the adoption, | ||||||
reduction, or repeal of the tax, as applicable. | ||||||
(b) The board by order shall call an election to adopt, | ||||||
reduce, or repeal a sales and use tax. The election shall be held on | ||||||
the first authorized uniform election date that occurs after the | ||||||
time required by Section 3.005, Election Code. | ||||||
(c) The district shall provide notice of the election and | ||||||
shall hold the election in the manner prescribed by Chapter 54, | ||||||
Water Code, for bond elections for municipal utility districts. | ||||||
(d) The ballots shall be printed to provide for voting for | ||||||
or against the following appropriate proposition: | ||||||
(1) "Adoption of a ___ percent district sales and use | ||||||
tax in the district"; | ||||||
(2) "Reduction of the district sales and use tax in the | ||||||
district from ___ percent to ___ percent"; or | ||||||
(3) "Repeal of the district sales and use tax in the | ||||||
district." | ||||||
Sec. 3951.254. EFFECTIVE DATE OF TAX. A tax imposed under | ||||||
this subchapter or the repeal or reduction of a tax under this | ||||||
subchapter takes effect on the first day of the first calendar | ||||||
quarter that occurs after the date the comptroller receives the | ||||||
copy of the resolution as required by Section 323.405(b), Tax Code. | ||||||
Sec. 3951.255. SALES AND USE TAX RATE. (a) On adoption of | ||||||
the tax authorized by this subchapter, there is imposed a tax of two | ||||||
percent, or the maximum rate at which the combined tax rate of all | ||||||
local sales and use taxes in any location in the district does not | ||||||
exceed two percent, on the receipts from the sale at retail of | ||||||
taxable items in the district, and an excise tax on the use, | ||||||
storage, or other consumption in the district of taxable items | ||||||
purchased, leased, or rented from a retailer during the period that | ||||||
the tax is in effect. | ||||||
(b) The rate of the excise tax is the same as the rate of the | ||||||
sales tax portion of the tax and is applied to the sales price of the | ||||||
taxable item. | ||||||
Sec. 3951.256. EXAMINATION AND RECEIPT OF INFORMATION. The | ||||||
district may examine and receive information related to the | ||||||
imposition of a sales and use tax to the same extent as if the | ||||||
district were a municipality. | ||||||
Sec. 3951.257. ALTERNATIVE METHOD OF IMPOSITION. | ||||||
Notwithstanding any other provision of this subchapter, the | ||||||
district may impose the sales and use tax as provided by Subchapter | ||||||
F, Chapter 383, Local Government Code, instead of as provided by the | ||||||
other provisions of this subchapter. | ||||||
SUBCHAPTER G. DEFINED AREAS | ||||||
Sec. 3951.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||||||
DESIGNATED PROPERTY. The district may define areas or designate | ||||||
certain property of the district to pay for improvements, | ||||||
facilities, or services that primarily benefit that area or | ||||||
property and do not generally and directly benefit the district as a | ||||||
whole. | ||||||
Sec. 3951.302. PROCEDURE FOR ELECTION. (a) Before the | ||||||
district may impose an ad valorem tax or issue bonds payable from ad | ||||||
valorem taxes of the defined area or designated property, the board | ||||||
shall hold an election in the defined area or in the designated | ||||||
property only. | ||||||
(b) The board may submit the issues to the voters on the same | ||||||
ballot to be used in another election. | ||||||
Sec. 3951.303. DECLARING RESULT AND ISSUING ORDER. If a | ||||||
majority of the voters voting at the election approve the | ||||||
proposition or propositions, the board shall declare the results | ||||||
and, by order, shall establish the defined area and describe it by | ||||||
metes and bounds or designate the specific property. | ||||||
Sec. 3951.304. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||||||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||||||
approval and adoption of the order described by Section 3951.303, | ||||||
the district may apply separately, differently, equitably, and | ||||||
specifically its taxing power and lien authority to the defined | ||||||
area or designated property to provide money to construct, | ||||||
administer, maintain, and operate services, improvements, and | ||||||
facilities that primarily benefit the defined area or designated | ||||||
property. | ||||||
Sec. 3951.305. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||||||
DESIGNATED PROPERTY. After the order under Section 3951.303 is | ||||||
adopted, the district may issue bonds to provide for any land, | ||||||
improvements, facilities, plants, equipment, and appliances for | ||||||
the defined area or designated property. | ||||||
SUBCHAPTER H. DISSOLUTION OF DISTRICT | ||||||
Sec. 3951.351. DISSOLUTION. (a) Except as provided by | ||||||
Subsection (b), the board: | ||||||
(1) may dissolve the district; and | ||||||
(2) shall dissolve the district on receipt of a | ||||||
written petition requesting dissolution signed by the owners of 75 | ||||||
percent of the acreage of real property in the district. | ||||||
(b) The board may not dissolve the district until the | ||||||
district's outstanding indebtedness or contractual obligations | ||||||
have been repaid or discharged. | ||||||
(c) After the board dissolves the district, the board shall | ||||||
transfer ownership of all district property and assets to the | ||||||
county. | ||||||
SECTION 2. The Lakewood Improvement District of Harris | ||||||
County initially includes all the territory contained in the | ||||||
following area: | ||||||
All bearings, distance and acreages are grid and are | ||||||
referenced to the State Plane Coordinate System, Texas South | ||||||
Central Zone, NAD83, U. S. survey feet. Mapping angle is +01°54'04" | ||||||
and the scale factor is 0.999915022. | ||||||
TRACT I | ||||||
BEGINNING at an iron rod with cap marked `CENTERPOINT ENERGY' found | ||||||
at the northeast corner of a called 102.152 acre tract recorded in | ||||||
Document No. C683627, Deed Records of Harris County, Texas and in | ||||||
the west line of the T.& N.O. Rail Road right of way (variable | ||||||
width). Said iron rod has a State Plane coordinate value of N: | ||||||
13895997.02 and E: 3210310.99. | ||||||
THENCE S 47° 04'28" W with the west line of said Rail Road right of | ||||||
way a distance of 926.77 feet to a point for corner. | ||||||
THENCE continuing with the west line of said Rail Road right of way | ||||||
with the arc of a curve to the left having a chord direction of S 35° | ||||||
23' 19 W, and a radius of 2451.30, a distance of 1101.40 feet to a | ||||||
point for corner. | ||||||
THENCE S 23° 06' 25" W with the west line of said Rail Road right of | ||||||
way a distance of 47.01 feet to a 1/2 inch iron rod with cap | ||||||
marked '5502' set from which a 26" pine marked 'X' bears North 6.5 | ||||||
feet. | ||||||
THENCE S 88°03'39" W with the north line of a called 304.5696 acre | ||||||
tract recorded in Document No. 20130230098 a distance of 2407.13 | ||||||
feet to an iron rod found with cap marked 'RPLS 4615'. | ||||||
THENCE S 87°58'14" W with the north line of the said called 304.5696 | ||||||
acre tract and the south line of the herein described tract a | ||||||
distance of 4489.98 feet to a 1/2 inch iron pipe found from which a | ||||||
28" sweet gum marked 'X' bears N58°W 3 feet. | ||||||
THENCE S 88°10'16" W with the north line of the said 304.5696 acre | ||||||
tract a distance of 3159.89 feet to the left bank of the San Jacinto | ||||||
River on the line of mean higher high water. | ||||||
THENCE up the river with its meanders on the line of mean higher | ||||||
high water: | ||||||
N 31°25'35" W 84.67 feet; | ||||||
N 15°33'56" W 191.85 feet; | ||||||
N 04°38'06" W 258.15 feet; | ||||||
N 14°00'39" W 87.13 feet; | ||||||
N 20°54'29" W 155.32 feet; | ||||||
N 26°38'13" W 215.05 feet; | ||||||
N 39°38'48" W 353.07 feet; | ||||||
N 50°07'18" W 307.76 feet; | ||||||
N 54°25'26" W a distance of 278.56 feet to a point for corner at the | ||||||
southwest corner of said called 102.152 acre tract. | ||||||
THENCE N 88°23'12" E with the south line of the said called 102.152 | ||||||
acre tract and the north line of the herein described tract 9551.32 | ||||||
feet to an iron rod found with blue cap. | ||||||
THENCE N87°53'38"E with the south line said called 102.152 acre | ||||||
tract a distance of 2593.16 feet to 1/2 inch iron rod set with cap | ||||||
marked '5502'. | ||||||
THENCE S 85°24'11" E with the south line of the said called 102.152 | ||||||
acre tract and the north line of the herein described tract a | ||||||
distance of 225.32 feet to the PLACE OF BEGINNING, containing | ||||||
394.12 acres of land. | ||||||
TRACT II | ||||||
BEGINNING at a 1" iron pipe found at the most easterly corner of a | ||||||
called 56.50 acre tract recorded in Volume 1458, Page 1, Deed | ||||||
Records of Harris County, Texas, in the south line of the San | ||||||
Jacinto River Authority East Canal right of way, recorded in Volume | ||||||
1294, Page 256, Deed Records of Harris County, Texas, and at the | ||||||
most northerly northwest corner of this tract, and having a Texas | ||||||
State Plane coordinate value of N: 13902035.22 and E: 3197556.06. | ||||||
THENCE S 58° 23' 02" E with the south line of said San Jacinto River | ||||||
Authority East Canal right of way, and a north line of this tract, a | ||||||
distance of 1,097.21 feet to a 1/2 inch iron rod set with cap marked | ||||||
"SHINE 5502". | ||||||
THENCE continuing with the south line of said San Jacinto River | ||||||
Authority East Canal right of way, and a north line of this tract, | ||||||
with the arc of a curve to the left having a chord direction of S 84° | ||||||
10' 00" E, a radius of 317.72, a distance of 298.83 feet to a 1/2 | ||||||
inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE N 68° 53' 20" E continuing with the south line of said San | ||||||
Jacinto River Authority East Canal right of way, and a north line of | ||||||
this tract a distance of 1,833.89 feet to a point. | ||||||
THENCE N 72° 25' 46" E continuing with the south line of said San | ||||||
Jacinto River Authority East Canal, and a north line of this tract a | ||||||
distance of 567.07 feet to a 1/2 inch iron rod with cap marked | ||||||
"SHINE 5502" set at the northwest corner of a called 2.866 acre | ||||||
tract recorded in Harris County Clerk's File E018138. | ||||||
THENCE S 01° 15' 13" E with the west line of said called 2.866 acre | ||||||
tract a distance of 329.82' to a 1/2 inch iron rod with cap marked | ||||||
"SHINE 5502" set at the southwest corner of said called 2.866 acre | ||||||
tract. | ||||||
THENCE N 88° 44' 57" E with the south line of said called 2.866 acre | ||||||
tract, a distance of 330.05 feet to a 1/2 inch iron rod with cap | ||||||
marked "SHINE 5502" set at the southeast corner of said called 2.866 | ||||||
acre tract. | ||||||
THENCE N 01° 15' 14" W with the east line of said called 2.866 acre | ||||||
tract a distance of 426.18 feet to a 1/2 inch iron rod with cap | ||||||
marked "SHINE 5502" set at the northeast corner of said called 2.866 | ||||||
acre tract, in the south line of said San Jacinto River Authority | ||||||
East Canal right of way. | ||||||
THENCE N 72° 28' 26" E continuing with the south line of said San | ||||||
Jacinto River Authority East Canal right of way, and a north line of | ||||||
this tract a distance of 312.52 feet to a 1/2 inch iron rod with cap | ||||||
marked "SHINE 5502" set at a northerly corner of this tract and the | ||||||
northwest corner of Newport Subdivision, Section 4, a subdivision | ||||||
recorded in Volume 206, Page 145, Map Records of Harris County, | ||||||
Texas, from which an iron rod found with cap marked "RUSS AND PARK | ||||||
SURVEYING" bears N 72° 29' 29" E a distance of 167.92 feet. | ||||||
THENCE S 00° 36' 34" E with a west line of said Newport Subdivision, | ||||||
Section 4, and a northerly east line of this tract a distance of | ||||||
1,261.04 feet to a 1/2 inch iron rod found at the most westerly | ||||||
southwest corner of said Newport Subdivision, Section 4. | ||||||
THENCE N 89° 29' 03" E with a south line of said Newport Subdivision, | ||||||
Section 4 and a north line of this tract a distance of 71.96 feet to | ||||||
a 1/2 inch iron rod found at the most southerly northwest corner of | ||||||
a called 9.29 acre tract (Called Tract 6), recorded in Harris County | ||||||
Clerk's File Z432808. | ||||||
THENCE S 18° 57' 14" W with the west line of said called 9.29 acre | ||||||
tract, passing the southwest corner of said called 9.29 acre tract | ||||||
and the northwest corner of a called 4.29 acre tract recorded in | ||||||
File No. T528516, Deed Records of Harris County, Texas, and | ||||||
continuing a total distance of 512.10 feet to 1/2 inch iron rod with | ||||||
cap marked "SHINE 5502" set at the southwest corner of said called | ||||||
4.29 acre tract. | ||||||
THENCE S 48° 47' 48" E with the southwest line of said called 4.29 | ||||||
acre tract a distance of 660.77 feet to a 1/2 inch iron rod found at | ||||||
the southeast corner of said called 4.29 acre tract in the west line | ||||||
of Newport Subdivision, Section 2, a subdivision recorded in Volume | ||||||
195, Page 35, Map Records of Harris County, Texas. | ||||||
THENCE S 04° 57' 10" W with the west line of said Newport | ||||||
Subdivision, Section 2, a distance of 1,073.79 feet to a 1/2 inch | ||||||
iron rod with cap marked "SHINE 5502" set in the south right of way | ||||||
line of Diamondhead Boulevard (100 feet wide right of way) and at an | ||||||
interior corner of this tract. | ||||||
THENCE with the south right of way line of said Diamondhead | ||||||
Boulevard with the arc of a curve to the left having a chord | ||||||
direction of N 89° 25' 20" E, a radius of 2,049.25, a distance of | ||||||
560.15 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set | ||||||
at the northwest corner of a called 175.61 acre tract recorded in | ||||||
T528516, Deed Records of Harris County, Texas. | ||||||
THENCE S 01° 23' 48" E with the west line of said called 175.61 acre | ||||||
tract a distance of 2,298.34 feet to a 60D nail set at the southwest | ||||||
corner of said called 175.61 acre tract and an interior corner of | ||||||
this tract. | ||||||
THENCE N 88° 30' 12" E with the south line of said called 175.61 acre | ||||||
tract a distance of 2,983.90 feet to a 1/2 inch iron rod with cap | ||||||
marked "SHINE 5502" set at the southeast corner of said called | ||||||
175.61 acre tract. | ||||||
THENCE with the east line of said called 175.61 acre tract with the | ||||||
arc of a curve to the right having a chord direction of N 15° 16' 49" | ||||||
E, a radius of 2,100.00 feet, a distance of 366.97 feet to a 1/2 inch | ||||||
iron rod set with cap marked "SHINE 5502". | ||||||
THENCE N 20° 17' 11" E continuing with the east line of said called | ||||||
175.61 acre tract a distance of 509.92 feet to a 1/2 inch iron rod | ||||||
set with cap marked "SHINE 5502". | ||||||
THENCE continuing with the east line of said called 175.61 acre | ||||||
tract with the arc of a curve to the right having a chord direction | ||||||
of N 26° 19' 31" E, a radius of 2,100.00 feet, a distance of 440.98 | ||||||
feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE N 32° 20' 27" E continuing with the east line of said called | ||||||
175.61 acre tract a distance of 140.56 feet to a 1/2 inch iron rod | ||||||
set with cap marked "SHINE 5502". | ||||||
THENCE continuing with the east line of said called 175.61 acre | ||||||
tract with the arc of a curve to the left having a chord direction of | ||||||
N 06° 59' 15" E, a radius of 1,200.04 feet, a distance of 949.49 feet | ||||||
to a 1/2 inch iron rod with cap marked "SHINE 5502" set at the | ||||||
northeast corner of said called 175.61 acre tract, in the south | ||||||
right of way of said Diamondhead Boulevard. | ||||||
THENCE N 75° 17' 09" E with the south right of way line of said | ||||||
Diamondhead Boulevard, and a north line of this tract, a distance of | ||||||
769.43 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE continuing with the south right of way line of said | ||||||
Diamondhead Boulevard with the arc of a curve to the right having a | ||||||
chord direction of N 77° 44' 32" E, a radius of 1,951.36 feet, a | ||||||
distance of 167.12 feet to a 1/2 inch iron rod with cap marked | ||||||
"SHINE 5502" set at the northwest corner of Newport Subdivision, | ||||||
Section 8, a subdivision recorded in Volume 288, Page 21, Map | ||||||
Records of Harris County, Texas, and a northeast corner of this | ||||||
tract. | ||||||
THENCE S 08° 03' 08" W with a west line of said Newport Subdivision, | ||||||
Section 8, a distance of 515.74 feet to a 1/2 inch iron rod found. | ||||||
THENCE S 62° 25' 36" E continuing with the west line of said Newport | ||||||
Subdivision, Section 8, a distance of 177.89 feet to a 1/2 inch iron | ||||||
rod found. | ||||||
THENCE S 36° 39' 06" E continuing with the west line of said Newport | ||||||
Subdivision, Section 8, a distance of 59.96 feet to a 1/2 inch iron | ||||||
rod found. | ||||||
THENCE S 58° 36' 12" E continuing with the west line of said Newport | ||||||
Subdivision, Section 8, a distance of 96.09 feet to a 1/2 inch iron | ||||||
rod found at a northerly southwest corner of said Newport | ||||||
Subdivision, Section 8. | ||||||
THENCE N 88° 23' 50" E with a northerly south line of said Newport | ||||||
Subdivision, Section 8, a distance of 51.27 feet to a 1/2 inch iron | ||||||
rod found at the northwest corner of a called 14.1645 acre tract | ||||||
recorded in File No. S031457, Deed Records of Harris County, Texas. | ||||||
THENCE S 02° 21' 10" E with the west line of said called 14.1645 acre | ||||||
tract a distance of 1,333.31 feet to a 1/2 inch iron rod found at the | ||||||
southwest corner of said called 14.1645 acre tract, from which a 42" | ||||||
Sycamore bears N 44° E a distance of 36.60 feet, a 12" corner post | ||||||
with old barbed wire bears N 04° W a distance of 12.50 feet, and the | ||||||
north bank of Gum Gully bears South, 26.70 feet. | ||||||
THENCE N 87° 37' 51" E with the south line of said called 14.1645 | ||||||
acre tract, passing the | ||||||
southeast corner of said called 14.1645 acre tract and the | ||||||
southwest corner of a called 15.1515 acre tract recorded in File | ||||||
No. 20070632536, Deed Records of Harris County, Texas, a total | ||||||
distance of 1, 545.45 feet to a 60D Nail found in fence post at the | ||||||
southeast corner of said called 15.1515 acre tract. | ||||||
THENCE N 02° 49' 23" W with the west line of said called 15.1515 acre | ||||||
tract a distance of 326.36 feet to a 1/2 inch iron rod with cap | ||||||
marked "SHINE 5502" set at a southwest corner of said Newport | ||||||
Subdivision, Section 8. | ||||||
THENCE N 88° 16' 59" E with a south line of said Newport Subdivision, | ||||||
Section 8, and a north line of this tract a distance of 125.02 feet | ||||||
to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE S 75° 51' 35" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
83.64 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE with a west line of said Newport Subdivision, Section 8, and | ||||||
an east line of this tract with the arc of a curve to the right | ||||||
having a chord direction of S 10° 15' 26" W, a radius of 250.00 feet, | ||||||
a distance of 162.32 feet to a 1/2 inch iron rod set with cap marked | ||||||
"SHINE 5502". | ||||||
THENCE continuing with a west line of said Newport Subdivision, | ||||||
Section 8, and an east line of this tract with the arc of a curve to | ||||||
the left having a chord direction of S 13° 34' 14" W, a radius of | ||||||
150.00 feet, a distance of 80.05 feet to a 1/2 inch iron rod set with | ||||||
cap marked "SHINE 5502". | ||||||
THENCE S 01° 43' 01" E continuing with an east line of said Harris | ||||||
County Flood Control District drainage easement, a west line of | ||||||
said Newport Subdivision, Section 8, and an east line of this tract | ||||||
a distance of 120.00 feet to a 1/2 inch iron rod set with cap marked | ||||||
"SHINE 5502". | ||||||
THENCE S 09° 20' 38" W continuing with a west line of said Newport | ||||||
Subdivision, Section 8, and an east line of this tract a distance of | ||||||
57.36 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE S 20° 21' 57" W continuing a west line of said Newport | ||||||
Subdivision, Section 8, and an east line of this tract a distance of | ||||||
165.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE S 20° 24' 23" E continuing with a west line of said Newport | ||||||
Subdivision, Section 8, and an east line of this tract a distance of | ||||||
381.48 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE S 32° 47' 17" E continuing with a west line of said Newport | ||||||
Subdivision, Section 8, and an east line of this tract a distance of | ||||||
244.44 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set | ||||||
at a southwest corner of said Newport Subdivision, Section 8 and an | ||||||
interior corner of this tract. | ||||||
THENCE S 81° 16' 59" E with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract a distance of 195.69 feet to | ||||||
a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE S 04° 41' 04" W continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
30.71 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE S 85° 27' 13" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
27.39 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE N 04° 01' 49" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
30.29 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE N 08° 43' 00" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
207.55 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE S 81° 16' 59" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
100.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE S 08° 13' 08" W continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
282.01 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set | ||||||
at a southerly corner of said Newport Subdivision, Section 8. | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8, a north line of this tract, with the arc of a curve to the | ||||||
left having a chord direction of N 60° 58' 25" E, a radius of 400.00 | ||||||
feet, a distance of 195.69 feet to a 1/2 inch iron rod set with cap | ||||||
marked "SHINE 5502". | ||||||
THENCE N 46° 57' 29" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8, and a north line of this tract a distance of | ||||||
202.17 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract, with the arc of a curve to | ||||||
the right having a chord direction of N 53° 03' 29" E, a radius of | ||||||
450.00 feet, a distance of 95.82 feet to a point. | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract with the arc of a curve to | ||||||
the left having a chord direction of N 45° 33' 29" E, a radius of | ||||||
400.00 feet, a distance of 189.89 feet to a point. | ||||||
THENCE N 31° 57' 29" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
228.06 feet to a point. | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract, with the arc of a curve to | ||||||
the right having a chord direction of N 45° 27' 29" E, a radius of | ||||||
500.00 feet, a distance of 235.62 feet to a 1/2 inch iron rod set | ||||||
with cap marked "SHINE 5502". | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract, with the arc of a curve to | ||||||
the left having a chord direction of N 32° 42' 29" E, a radius of | ||||||
300.00 feet, a distance of 274.89 feet to a 1/2 inch iron rod set | ||||||
with cap marked "SHINE 5502". | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract with the arc of a curve to | ||||||
the right having a chord direction of N 14° 31' 50" E, a radius of | ||||||
500.00 feet, a distance of 140.89 feet to a 1/2 inch iron rod set | ||||||
with cap marked "SHINE 5502". | ||||||
THENCE N 57° 42' 31" W continuing with a south line of said Newport | ||||||
Subdivision, Section 8, and a north line of this tract a distance of | ||||||
92.28 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE N 32° 17' 29" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8, and a north line of this tract a distance of | ||||||
60.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". | ||||||
THENCE S 57° 42' 31" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8, and a north line of this tract a distance of | ||||||
85.49 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set. | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract with the arc of a curve to | ||||||
the right having a chord direction of N 36° 29' 38" E, a radius of | ||||||
500.00 feet, a distance of 118.64 feet to a 1/2 inch iron rod set | ||||||
with cap marked "SHINE 5502". | ||||||
THENCE N 43° 17' 29" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
374.07 feet to a point. | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract with the arc of a curve to | ||||||
the right having a chord direction of N 52° 47' 29" E, a radius of | ||||||
600.00 feet, a distance of 198.97 feet to a 1/2 inch iron rod set | ||||||
with cap marked "SHINE 5502". | ||||||
THENCE N 62° 17' 29" E continuing with a south line of said Newport | ||||||
Subdivision, Section 8 and a north line of this tract a distance of | ||||||
68.45 feet to a point. | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract with the arc of a curve to | ||||||
the left having a chord direction of N 33° 14' 01" E, a radius of | ||||||
139.25 feet, a distance of 141.24 feet to a 1/2 inch iron rod set | ||||||
with cap marked "SHINE 5502". | ||||||
THENCE continuing with a south line of said Newport Subdivision, | ||||||
Section 8 and a north line of this tract with the arc of a curve to | ||||||
the left having a chord direction of N 00° 55' 12" E, a radius of | ||||||
300.00 feet, a distance of 34.09 feet to a 1/2 inch iron rod with cap | ||||||
marked "SHINE 5502" set at the southerly southeast corner of said | ||||||
Newport Subdivision, Section 8 and in the west line of The City of | ||||||
Crosby Town Site, recorded in Volume 7, Page 26, Deed Records of | ||||||
Harris County, Texas, also being the west line of a tract of land | ||||||
referenced as "Tract 1" and "Tract 2" recorded in File No. W314743, | ||||||
Deed Records of Harris County, Texas. | ||||||
THENCE S 02° 45' 41" E with a west line of said City of Crosby Town | ||||||
Site, the west line of said called "Tract 1" and "Tract 2", and an | ||||||
east line of this tract a distance of 229.20 feet to a point in the | ||||||
centerline of Jackson Bayou. | ||||||
THENCE with a south line of said City of Crosby Town Site, a south | ||||||
line of said called "Tract 1" and "Tract 2", a north line of this | ||||||
tract, along the centerline of said Jackson Bayou the following | ||||||
bearings and distances: | ||||||
N 65° 32' 07" E 30.32 feet | ||||||
N 76° 12' 19" E 10.85 feet | ||||||
N 19° 33' 49" E 41.24 feet | ||||||
N 40° 05' 08" W 34.88 feet | ||||||
N 09° 21' 28" W 46.05 feet | ||||||
N 26° 11' 16" E 45.20 feet | ||||||
N 60° 33' 12" E 80.04 feet | ||||||
N 48° 22' 25" E 110.85 feet | ||||||
N 50° 01' 28" E 64.58 feet | ||||||
N 78° 38' 48" E 76.53 feet | ||||||
N 62° 45' 53" E 42.10 feet | ||||||
N 26° 13' 09" E 43.70 feet | ||||||
S 17° 27' 48" E 44.35 feet | ||||||
THENCE S 04° 37' 07" E continuing with a south line of said City of | ||||||
Crosby Town Site, a south line of said called "Tract 1" and "Tract | ||||||
2", a north line of this tract, along the centerline of said Jackson | ||||||
Bayou, passing the southerly southeast corner of said called "Tract | ||||||
1" and "Tract 2", and continuing a total distance of 90.52 feet to a | ||||||
point. | ||||||
THENCE continuing with a south line of said City of Crosby Town | ||||||
Site, a north line of this tract, along the centerline of said | ||||||
Jackson Bayou the following bearings and distances: | ||||||
S 31° 33' 28"E 19.00 feet | ||||||
S 89° 42' 03" E 32.70 feet | ||||||
S 65° 08' 41" E 86.19 feet | ||||||
THENCE S 82° 49' 14" E continuing with a south line of said City of | ||||||
Crosby Town Site, a north line of this tract, along the centerline | ||||||
of said Jackson Bayou a distance of 54.91 feet to a point at the most | ||||||
easterly northeast corner of this tract and the northwest corner of | ||||||
a called 7.6429 acre tract recorded in File No. E429933, Deed | ||||||
Records of Harris County, Texas. | ||||||
THENCE S 16° 01' 51" E with the west line of said called 7.6429 acre | ||||||
tract and the most easterly east line of this tract, at a distance | ||||||
of 56.24 feet pass a 1/2 inch iron rod with cap marked "SHINE 5502" | ||||||
set for reference, from which an iron rod with cap marked "PRECISION | ||||||
SURVEYORS" found at the northeast corner of Lot 1, Block 3, said | ||||||
City of Crosby Town Site bears N 19° 38' 01" E a distance of 409.41 | ||||||
feet, an iron rod with cap marked "PRECISION SURVEYORS found in the | ||||||
east line of said Lot 1, Block 3, City of Crosby Town Site bears N | ||||||
85° 43' 47" E a distance of 471.48 feet, and continuing a total | ||||||
distance of 781.81 feet to a 1/2 inch iron rod with cap marked | ||||||
"SHINE 5502" set at the southwest corner of said called 7.6429 acre | ||||||
tract, in the north right of way of T. & N. 0. Railroad, a variable | ||||||
width right of way, and at the most easterly southeast corner of | ||||||
this tract. | ||||||
THENCE S 46° 52' 02" W with the most easterly east line of this tract | ||||||
and the west right of way line of said T. & N. 0. Railroad, a | ||||||
distance of 1,876.95 feet to a 1" iron pipe found in the north line | ||||||
of a called 102.152 acre tract (Tract 2), recorded in File | ||||||
No. C683627, Deed Records of Harris County, Texas, and at the | ||||||
southeast corner of this tract, from which an iron rod found with | ||||||
cap marked "CENTERPOINT ENERGY" found at the northeast corner of | ||||||
herein described Tract I bears S 46° 45' 17" W, a distance of 556.58 | ||||||
feet. | ||||||
THENCE S 87° 53' 52" W with the north line of said called 102.152 | ||||||
acre tract and the south line of this tract a distance of 2,233.36 | ||||||
feet to a 1/4 inch iron rod found at the southeast corner of a called | ||||||
21.234 acre tract recorded in File No. G553519, Deed Records of | ||||||
Harris County, Texas, and a southwest corner of this tract from | ||||||
which a found 1" iron pipe bears S 87° 53' 43" W, a distance of 999.06 | ||||||
feet. | ||||||
THENCE N 01° 06' 07" W with the east line of said called 21.234 acre | ||||||
tract and a west line of this tract, passing the southeast corner of | ||||||
a called 0.116 acre tract recorded in File No. P220412, Deed | ||||||
Records of Harris County, Texas, a total distance of 308.90 feet to | ||||||
a 1/2 inch iron rod with cap marked "SHINE 5502" set at the | ||||||
northeast corner of said called 0.116 acre tract recorded in File | ||||||
No. P220412, and an interior corner of this tract. | ||||||
THENCE N 81° 29' 07" W with the north line of said called 0.116 acre | ||||||
tract recorded in File No. P220412, and a south line of this tract, | ||||||
at a distance of 100.00 feet pass the northwest corner of said | ||||||
called 0.116 acre tract and the northeast corner of a called 0.116 | ||||||
acre tract recorded in File No. R256220, Deed Records of Harris | ||||||
County, Texas, at a distance of 200.00 feet pass the northwest | ||||||
corner of said called 0.116 acre tract recorded in File No. R256220 | ||||||
and the northeast corner of a called 0.1164 acre tract recorded in | ||||||
File No. S300312, Deed Records of Harris County, Texas, at a | ||||||
distance of 300.00 feet pass the northwest corner of said called | ||||||
0.1164 acre tract recorded in File No. S300312 and the northeast | ||||||
corner of a called 0.116 acre tract recorded in File No. R304758, | ||||||
Deed Records of Harris County, Texas, at a distance of 400.00 feet, | ||||||
pass the northwest corner of said called 0.116 acre tract recorded | ||||||
in File No. R304758 and the northeast corner of a called 0.116 acre | ||||||
tract recorded in File No. P254365, Deed Records of Harris County, | ||||||
Texas, at a distance of 500.00 feet pass the northwest corner of | ||||||
said called 0.116 acre tract recorded in File No. P254365 and a | ||||||
northeast corner of said called 21.234 acre tract, continuing along | ||||||
a north line of said called 21.234 acre tract and a south line of | ||||||
this tract a total distance of 529.21 feet to a 1/2 inch iron rod set | ||||||
with cap marked "SHINE 5502". | ||||||
THENCE N 51° 33' 28" W a distance of 799.95 feet to a 1/2 inch iron | ||||||
rod with cap marked "SHINE 5502" set at the northwest corner of said | ||||||
called 21.234 acre tract and at an interior corner of this tract. | ||||||
THENCE S 25° 27' 04" W with the west line of said called 21.234 acre | ||||||
tract and an east line of this tract, a distance of 528.15 feet to a | ||||||
1/2 inch iron rod with cap marked "SHINE 5502" set at the northwest | ||||||
corner of a called 2.1614 acre tract recorded in File No. K076581, | ||||||
Deed Records of Harris County, Texas. | ||||||
THENCE N 65° 59' 23" W with a north line of said called 2.1614 acre | ||||||
tract and a northerly south line of this tract, a distance of 929.77 | ||||||
feet to a found iron rod with cap marked "RPLS 4615". | ||||||
THENCE continuing with the north line of said called 2.1614 acre | ||||||
tract and a northerly south line of this tract with the arc of a | ||||||
curve to the left having a chord direction of N 85° 42' 42" W, a | ||||||
radius of 509.50 feet, a distance of 238.49 feet to a found iron rod | ||||||
with cap marked "RPLS 4615". | ||||||
THENCE S 74° 30' 20" W continuing with the north line of said called | ||||||
2.1614 acre tract and a northerly south line of this tract a | ||||||
distance of 417.76 feet to a 1/2 inch iron rod with cap marked | ||||||
"SHINE 5502" set at the northwest corner of said called 2.1614 acre | ||||||
tract and an interior corner of this tract. | ||||||
THENCE S 15° 29' 23" E with the west line of said called 2.1614 tract | ||||||
and an east line of this tract a distance of 60.00 feet to an iron | ||||||
rod with cap marked "RPLS 4615" found at the southwest corner of | ||||||
said called 2.1614 acre tract. | ||||||
THENCE N 74° 30' 26" E with the south line of said called 2.1614 acre | ||||||
tract and a southerly north line of this tract a distance of 418.00 | ||||||
feet to a found iron rod with cap marked "RPLS 4615". | ||||||
THENCE continuing with the south line of said called 2.1614 acre | ||||||
tract and a southerly north line of this tract with the arc of a | ||||||
curve to the right having a chord direction of S 83° 40' 53" E, a | ||||||
radius of 595.34 feet, a distance of 196.44 feet to a 1/2 inch iron | ||||||
rod set with cap marked "SHINE 5502". | ||||||
THENCE S 65° 59' 23" E continuing with the south line of said called | ||||||
2.164 acre tract and a southerly north line of this tract a distance | ||||||
of 927.30 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" | ||||||
set at the southeast corner of said called 2.1614 acre tract in the | ||||||
west line of said called 21.234 acre tract. | ||||||
THENCE S 25° 16' 50" W with the west line of said called 21.234 acre | ||||||
tract and an east line of this tract, a distance of 441.83 feet to an | ||||||
iron rod with cap marked "RPLS 4615" found at the southwest corner | ||||||
of said called 21.234 acre tract, in the north line of said called | ||||||
102.152 acre tract and at a southeast corner of this tract, from | ||||||
which a found 1" iron pipe bears N 88° 29' 40" E, a distance of 600.63 | ||||||
feet. | ||||||
THENCE S 88° 21' 40" W with a south line of this tract and the north | ||||||
line of said called 102.152 acre tract, at a distance of 7,048.87 | ||||||
feet, pass a found 3/4" iron rod and continue a total distance of | ||||||
7,133.88 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" | ||||||
set at the southeast corner of a called 1 acre tract recorded in | ||||||
File No. H076771, Deed Records of Harris County, Texas. | ||||||
THENCE N 01° 38' 26" W with a west line of this tract and the east | ||||||
line of said called 1 acre tract, a distance of 208.71 feet to a 1/2 | ||||||
inch iron rod with cap marked "SHINE 5502" set at the northeast | ||||||
corner of said called 1 acre tract. | ||||||
THENCE S 88° 21' 40" W with a south line of this tract and the north | ||||||
line of said called 1 acre tract, a distance of 208.71 feet to a 1/2 | ||||||
inch iron rod with cap marked "SHINE 5502" set at the northwest | ||||||
corner of said called 1 acre tract. | ||||||
THENCE S 01° 38' 26" E with an east line of this tract and the west | ||||||
line of said called 1 acre tract, a distance of 208.71 feet to a 1/2 | ||||||
inch iron rod with cap marked "SHINE 5502" set at the southwest | ||||||
corner of said called 1 acre tract, in the north line of said called | ||||||
102.152 acre tract. | ||||||
THENCE S 88° 21' 40" W with a south line of this tract and the north | ||||||
line of said called 102.152 acre tract, a distance of 2,021.97 feet | ||||||
to the line of mean higher high water on the San Jacinto River. | ||||||
THENCE meandering the line of mean higher high water along the left | ||||||
bank of the San Jacinto River, the following bearings and | ||||||
distances: | ||||||
N 53° 39' 19" W 446.94 feet | ||||||
N 59° 28' 06" W 369.78 feet | ||||||
N 32° 15' 28" W 88.34 feet | ||||||
N 50° 54' 05" W 129.34 feet | ||||||
N 43° 04' 40" W 188.13 feet | ||||||
N 45° 19' 17" W 78.88 feet | ||||||
N 27° 03' 34" W 250.17 feet | ||||||
N 13° 49' 11" W 192.54 feet | ||||||
N 13° 56' 26" W 103.14 feet | ||||||
N 00° 46' 29" E 503.45 feet | ||||||
N 03° 28' 48" E 224.28 feet | ||||||
N 03° 58' 09" E 246.51 feet | ||||||
N 01° 50' 57" E 180.18 feet | ||||||
N 04° 57' 15" E 202.55 feet | ||||||
N 07° 14' 24" E 177.80 feet | ||||||
N 12° 57' 35" E 166.40 feet | ||||||
N 07° 38' 19" E 108.67 feet | ||||||
N 08° 55' 16" E 130.31 feet | ||||||
N 04° 27' 32" E 158.34 feet | ||||||
N 20° 09' 17" E 102.98 feet | ||||||
N 15° 38' 50" E 168.56 feet | ||||||
N 08° 04' 25" W 320.01 feet | ||||||
N 24° 35' 18" W 119.21 feet | ||||||
N 25° 33' 04" W 239.12 feet | ||||||
THENCE N 32° 33' 43" W continuing along the line of mean higher high | ||||||
water on the left bank of the San Jacinto River, a distance of | ||||||
117.10 feet to a point at the southwest corner of said called 56.50 | ||||||
acre tract and a southerly northwest corner of this tract. | ||||||
THENCE N 59° 33' 11" E with the south line of said called 56.50 acre | ||||||
tract and a north line of this tract, a distance of 834.87 feet to a | ||||||
1" iron pipe found at the southeast corner of said called 56.50 acre | ||||||
tract and an interior corner of this tract. | ||||||
THENCE N 22° 44' 35" E with the southerly east line of said called | ||||||
56.50 acre tract and a northerly west line of this tract, a distance | ||||||
of 1,342.07 feet to the PLACE OF BEGINNING, containing 991.55 | ||||||
acres. | ||||||
TRACT III | ||||||
BEGINNING at a 1" iron pipe found in the south line of the Absalom | ||||||
Reeves Survey, Abstract 60, and the north line of said Abstract 838, | ||||||
in the west line of a called 167.305 acre tract recorded in File | ||||||
No. 2010010605, Deed Records of Harris County, Texas, at the | ||||||
southeast corner of a called 60.0765 acre tract recorded in File | ||||||
No. U922164, Deed Records of Harris County, Texas, and at the | ||||||
northeast corner of this tract. Said 1" iron pipe has a Texas State | ||||||
Plane coordinate value of N: 13910927.97 and E: 3206944.66. | ||||||
THENCE S 02° 37' 23" E (Called S 02° 37' 21" E) with the west line of | ||||||
said called 167.305 acre tract and the east line of this tract, a | ||||||
distance of 1,434.17 feet to a 1/2 inch iron rod with cap marked | ||||||
"SHINE 5502" set at the southwest corner of said 167.305 acre tract. | ||||||
THENCE S 87° 47' 10" E with the south line of said called 167.305 | ||||||
acre tract and a north line of this tract, a distance of 51.63 feet | ||||||
to a 1/2 inch iron rod with cap marked "SHINE 5502" set in the north | ||||||
right of way of Diamondhead Boulevard North, (100 feet wide | ||||||
R.O.W.), at the northwest corner of Newport Subdivision, Section | ||||||
10, a subdivision recorded in Volume 220, Page 76, Map Records of | ||||||
Harris County, Texas. | ||||||
THENCE S 02° 12' 50" W with a west line of said Section 10 and an east | ||||||
line of this tract, a distance of 100.00 feet to a 1/2 inch iron rod | ||||||
with cap marked "SHINE 5502" set in the south right of way line of | ||||||
said Diamondhead Boulevard North, at a northerly southwest corner | ||||||
of said Section 10. | ||||||
THENCE S 87° 47' 10" E with the south right of way line of said | ||||||
Diamondhead Boulevard North, a northerly south line of said Section | ||||||
10, and a north line of this tract, a distance of 37.06 feet to a 1/2 | ||||||
inch iron rod with cap marked "SHINE 5502" set at the intersection | ||||||
of the south right of way line of said Diamondhead Boulevard North, | ||||||
and the west right of way line of Golf Club Drive (100 feet wide | ||||||
R.O.W.) in a west line of said Section 10. | ||||||
THENCE S 42° 47' 10" E with the west right of way of said Golf Club | ||||||
Drive, the west line of said Section 10 and the east line of this | ||||||
tract, a distance of 14.14 feet to a 1/2 inch iron rod with cap set | ||||||
marked "SHINE 5502". | ||||||
THENCE S 01° 07' 10" E continuing with the west right of way of said | ||||||
Golf Club Drive, the west line of said Section 10 and the east line | ||||||
of this tract, a distance of 183.64 feet to a 1/2 inch iron rod with | ||||||
cap set marked "SHINE 5502". | ||||||
THENCE continuing with the west right of way of said Golf Club | ||||||
Drive, the west line of said Section 10 and the east line of this | ||||||
tract, with the arc of a curve to the right having a radius of | ||||||
1,950.00 feet and a central angle of 20° 00' 00", a distance of | ||||||
680.68 feet to a 1/2 inch iron rod with cap set marked "SHINE 5502". | ||||||
THENCE S 22° 12' 50" W continuing with the west right of way of said | ||||||
Golf Club Drive, the west line of said Section 10 and the east line | ||||||
of this tract, a distance of 660.85 feet to a 1/2 inch iron rod with | ||||||
cap set marked "SHINE 5502". | ||||||
THENCE continuing with the west right of way of said Golf Club | ||||||
Drive, the west line of said Section 10 and the east line of this | ||||||
tract, with the arc of a curve to the left having a radius of | ||||||
3,050.00 feet and a central angle of 45° 06' 00", a distance of | ||||||
2,400.79 feet to a 1/2 inch iron rod with cap set marked "SHINE | ||||||
5502". | ||||||
THENCE S 22° 57' 10" E continuing with the west right of way of said | ||||||
Golf Club Drive, the west line of said Section 10 and the east line | ||||||
of this tract, a distance of 714.81 feet to a 1/2 inch iron rod with | ||||||
cap marked "SHINE 5502" set at the northeast corner of a called | ||||||
3.3685 acre tract recorded in File No. N409807, Deed Records of | ||||||
Harris County, Texas, and the most easterly southeast corner of | ||||||
this tract. | ||||||
THENCE S 74° 57' 26" W with the north line of said called 3.3685 acre | ||||||
tract and a south line of this tract, a distance of 170.16 feet to a | ||||||
1/2 inch iron rod with cap set marked "SHINE 5502". | ||||||
THENCE S 38° 21' 36" W continuing with the north line of said called | ||||||
3.3685 acre tract and a south line of this tract, a distance of | ||||||
375.28 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set | ||||||
at the southerly northeast corner of a called 53.17 acre tract | ||||||
recorded in File No. U652009, Deed Records of Harris County, Texas, | ||||||
and a southeast corner of this tract, from which a 1/2 inch iron rod | ||||||
found at the southeast corner of said called 53.17 acre tract and | ||||||
the southwest corner of said called 3.3685 acre tract bears S 38° 21' | ||||||
38" W, a distance of 10.86 feet. | ||||||
THENCE N 75° 29' 31" W with a southerly north line of said called | ||||||
53.17 acre tract and a south line of this tract, a distance of | ||||||
577.95 feet to an iron rod with cap marked "TERRA SURVEYING" found | ||||||
at a southerly northeast corner of said called 53.17 acre tract, and | ||||||
an interior corner of this tract. | ||||||
THENCE N 05° 37' 30" E with the east line of said called 53.17 acre | ||||||
tract and a west line of this tract, a distance of 480.74 feet to an | ||||||
iron rod found with cap marked "TERRA SURVEYING". | ||||||
THENCE N 08° 08' 01" E continuing with the east line of said called | ||||||
53.17 acre tract and a west line of this tract, a distance of 825.65 | ||||||
feet to an iron rod found with cap marked "TERRA SURVEYING". | ||||||
THENCE continuing with the east line of said called 53.17 acre tract | ||||||
and a west line of this tract, with the arc of a curve to the left | ||||||
having a radius of 250.61 feet and a central angle of 98° 17' 48", a | ||||||
distance of 429.95 feet to an iron rod with cap marked "TERRA | ||||||
SURVEYING" found at the northeast corner of said called 53.17 acre | ||||||
tract. | ||||||
THENCE N 89° 04' 41" W with the north line of said called 53.17 acre | ||||||
tract and a south line of this tract, a distance of 407.72 feet to an | ||||||
iron rod found with cap marked "TERRA SURVEYING". | ||||||
THENCE S 74° 12' 35" W continuing with the north line of said called | ||||||
53.17 acre tract and a south line of this tract, a distance of | ||||||
412.92 feet to an iron rod found with cap marked "TERRA SURVEYING". | ||||||
THENCE S 71° 17' 47" W continuing with the north line of said called | ||||||
53.17 acre tract and a south line of this tract, a distance of | ||||||
313.23 feet to an iron rod found with cap marked "TERRA SURVEYING". | ||||||
THENCE S 64° 30' 39" W continuing with the north line of said called | ||||||
53.17 acre tract and a south line of this tract, a distance of | ||||||
250.16 feet to an iron rod with cap marked "TERRA SURVEYING" found | ||||||
at the northwest corner of said called 53.17 acre tract and an | ||||||
interior corner of this tract. | ||||||
THENCE S 30° 45' 58" W with the west line of said called 53.17 acre | ||||||
tract and an east line of this tract, a distance of 938.35 feet to an | ||||||
iron rod found with cap marked "TERRA SURVEYING" from which a 1 1/4 | ||||||
inch iron pipe found in the south line of said called 53.17 acre | ||||||
tract and the north line of The San Jacinto River Authority East | ||||||
Canal tract, recorded in Volume 1294, Page 256, Deed Records of | ||||||
Harris County, Texas bears S 76° 55' 49" E a distance of 700.71 feet. | ||||||
THENCE S 38° 36' 07" E continuing with the west line of said called | ||||||
53.17 acre tract and an east line of this tract, a distance of | ||||||
330.48 feet to an iron rod found with cap marked "TERRA SURVEYING". | ||||||
THENCE S 50° 28' 00" W continuing with the west line of said called | ||||||
53.17 acre tract and an east line of this tract, a distance of | ||||||
392.70 feet to an iron rod found with cap marked "TERRA SURVEYING". | ||||||
THENCE S 34° 53' 53" E continuing with the west line of said called | ||||||
53.17 acre tract and an east line of this tract, a distance of 54.47 | ||||||
feet to an iron rod with cap marked "TERRA SURVEYING" found at the | ||||||
southwest corner of said called 53.17 acre tract, in a north line of | ||||||
Horizon Drive, a dedicated public road in Newport Subdivision, | ||||||
Section 4, a subdivision recorded in Volume 198, Page 53, Map | ||||||
Records of Harris County, Texas, and at a southeast corner of this | ||||||
tract, from which a 1 1/4 inch iron pipe found in the south line of | ||||||
said called 53.17 acre tract and the north line of said East Canal | ||||||
tract bears N 51° 21' 56" E a distance of 512.15'. | ||||||
THENCE S 51° 21' 08" W along a north line of said Section 4, a north | ||||||
line of said San Jacinto River Authority East Canal Tract, and a | ||||||
south line of this tract, at a distance of 51.71 feet pass a | ||||||
northwest corner of said Horizon Drive and Section 4 and continuing | ||||||
a total distance of 605.52 feet to a 1" iron pipe found. | ||||||
THENCE continuing along a north line of said San Jacinto River | ||||||
Authority East Canal and a south line of this tract, with the arc of | ||||||
a curve to the left having a radius of 415.36 feet and a central | ||||||
angle of 17° 54' 23", a distance of 129.81 feet to a 1 1/2 inch iron | ||||||
pipe found. | ||||||
THENCE S 32° 37' 00 W continuing along a north line of said San | ||||||
Jacinto River Authority East Canal and a south line of this tract a | ||||||
distance of 1,291.52 feet to a 1 1/4 inch iron pipe found. | ||||||
THENCE continuing along a north line of said San Jacinto River | ||||||
Authority East Canal and a south line of this tract, with the arc of | ||||||
a curve to the right having a radius of 174.95 feet and a central | ||||||
angle of 39° 20' 42", a distance of 174.95 feet to a 1 inch iron pipe | ||||||
found. | ||||||
THENCE S 72° 28' 08" W continuing along a north line of said San | ||||||
Jacinto River Authority East Canal and a south line of this tract, a | ||||||
distance of 2,448.06 feet to a 1 1/4 inch iron pipe found. | ||||||
THENCE continuing along a north line of said San Jacinto River | ||||||
Authority East Canal and a south line of this tract, with the arc of | ||||||
a curve to the left having a radius of 333.37 feet and a central | ||||||
angle of 04° 24' 34", a distance of 25.66 feet to a 1 1/4 inch iron | ||||||
pipe found. | ||||||
THENCE S 68° 53' 17" W continuing along a north line of said San | ||||||
Jacinto River Authority East Canal and a south line of this tract, a | ||||||
distance of 1,832.09 feet to a 1 1/4 inch iron pipe found. | ||||||
THENCE continuing along a north line of said San Jacinto River | ||||||
Authority East Canal and a south line of this tract, with the arc of | ||||||
a curve to the right having a radius of 144.47 feet and a central | ||||||
angle of 53° 20' 45", a distance of 134.51 feet to a 1 1/4" iron pipe | ||||||
found. | ||||||
THENCE N 57° 13' 44" W continuing along a north line of said San | ||||||
Jacinto River Authority East Canal and a south line of this tract, a | ||||||
distance of 1,587.58 feet to a 1/2 inch iron rod set with cap marked | ||||||
"SHINE 5502". | ||||||
THENCE continuing along a north line of said San Jacinto River | ||||||
Authority East Canal and a south line of this tract, with the arc of | ||||||
a curve to the left having a radius of 402.67 feet and a central | ||||||
angle of 30° 10' 09", a distance of 212.03 feet to a 1/2 inch iron rod | ||||||
set with cap marked "SHINE 5502". | ||||||
THENCE N 87° 29' 31" W continuing along a north line of said San | ||||||
Jacinto River Authority East Canal and a south line of this tract, a | ||||||
distance of 224.45 feet to a 1/2 inch iron rod found at an interior | ||||||
corner of said San Jacinto River Authority East Canal and an | ||||||
interior corner of this tract. | ||||||
THENCE along an east line of said San Jacinto River Authority East | ||||||
Canal and a west line of this tract, with the arc of a curve to the | ||||||
right having a radius of 133.99 feet and a central angle of 63° 17' | ||||||
53", a distance of 148.03 feet to a 1/2 inch iron rod found in the | ||||||
north line of said Humphrey Jackson Survey, Abstract 37 and the | ||||||
south line of said William Wilson Survey, Abstract 838. | ||||||
THENCE N 24° 23' 35" W along an east line of said San Jacinto River | ||||||
Authority East Canal and a west line of this tract, a distance of | ||||||
375.95 feet to a 1" iron pipe found. | ||||||
THENCE continuing along an east line of said San Jacinto River | ||||||
Authority East Canal and a west line of this tract, with the arc of a | ||||||
curve to the right having a radius of 174.87 feet and a central | ||||||
angle of 37° 53' 54", a distance of 115.67 feet to a 1 1/4" iron pipe | ||||||
found. | ||||||
THENCE N 14° 24' 42" E continuing along an east line of said San | ||||||
Jacinto River Authority East Canal and a west line of this tract, a | ||||||
distance of 74.82 feet to a 1 1/4" iron pipe found. | ||||||
THENCE continuing along an east line of said San Jacinto River | ||||||
Authority East Canal and a west line of this tract, with the arc of a | ||||||
curve to the right having a radius of 661.43 feet and a central | ||||||
angle of 07° 01' 58", a distance of 81.19 feet to a 1 1/4" iron pipe | ||||||
found. | ||||||
THENCE N 12°17' 19" E continuing along the east line of said San | ||||||
Jacinto River Authority East Canal and a west line of this tract, a | ||||||
distance of 436.82 feet to a 5/8" iron rod found at a northeast | ||||||
corner of said San Jacinto River Authority East Canal, in the south | ||||||
line of a called 39.88 acre tract recorded in File No. T525349, Deed | ||||||
Records of Harris County, Texas and at an interior corner of this | ||||||
tract, from which a 1 1/4" iron pipe found in a north line of said | ||||||
San Jacinto River Authority East Canal tract and the south line of | ||||||
said called 39.88 acre tract bears N 77° 36' 49" W, a distance of | ||||||
621.39 feet. | ||||||
THENCE S 77° 42' 29" E with the south line of said called 39.88 acre | ||||||
tract and a north line of this tract, a distance of 294.05 feet to a | ||||||
5/8" iron rod found at the southeast corner of said called 39.88 | ||||||
acre tract. | ||||||
THENCE N 09° 46' 40" E with the east line of said called 39.88 acre | ||||||
tract and a west line of this tract, a distance of 950.00 feet to a | ||||||
1/2" iron rod found. | ||||||
THENCE N 10° 53' 20" W continuing with the east line of said called | ||||||
39.88 acre tract, and the west line of this tract, a distance of | ||||||
394.97 feet to a 1/2" iron rod found at the northeast corner of said | ||||||
called 39.88 acre tract. | ||||||
THENCE N 80° 21' 03" W with the north line of said called 39.88 acre | ||||||
tract and a south line of this tract, a distance of 1,359.57 feet to | ||||||
a point in an east line of called 589.27 acre tract (Lake Houston) | ||||||
recorded in Volume 1458, Page 1, and a west line of this tract. | ||||||
Volume 1458, Page 1 describes this point as being the waterline of | ||||||
the proposed reservoir when at normal pool level at elevation 44.5 | ||||||
feet above mean sea level. | ||||||
THENCE with the west line of this tract and an east line of said | ||||||
called 589.27 acre tract (Lake Houston), the following bearings and | ||||||
distances: | ||||||
N 30° 53' 29" E 376.74 feet | ||||||
N 21° 32' 39" E 300.00 feet | ||||||
N 06° 45' 39" E 864.00 feet | ||||||
N 19° 56' 19" W 882.88 feet | ||||||
N 07° 44' 21" W 184.00 feet | ||||||
THENCE N 52° 28' 21" W continuing with the west line of this tract | ||||||
and the east line of said called 589.27 acre tract (Lake Houston), a | ||||||
distance of 508.00 feet to a point from which a 12"x12" concrete | ||||||
monument found with Aluminum Disc marked "Corp of Engineers U.S. | ||||||
Boundary Mark SL-1 Y1977" bears N 25° 14' 05" W a distance of 59.32 | ||||||
feet. Said concrete monument has a State Plane coordinate value of | ||||||
N: 13907978.68 and E: 3195354.41 | ||||||
THENCE continuing with the west line of this tract and an east line | ||||||
of said called 589.27 acre tract (Lake Houston), the following | ||||||
bearings and distances: | ||||||
N 65° 40' 21" W 422.00 feet | ||||||
N 80° 22' 21" W 300.00 feet | ||||||
N 62° 47' 53" W 641.05 feet | ||||||
N 60° 37' 21" W 600.00 feet | ||||||
N 88° 15' 21" W 540.00 feet | ||||||
S 84 ° 47' 39" W 568.00 feet | ||||||
S 69° 42' 54" W 633.02 feet | ||||||
S 83° 28' 39" W 332.00 feet | ||||||
N 77° 42' 21" W 270.00 feet | ||||||
N 13° 14' 21" W 739.00 feet | ||||||
N 28° 22' 21" W 402.00 feet | ||||||
THENCE N 21° 29' 39" E continuing with the west line of this tract | ||||||
and an east line of said called 589.27 acre tract (Lake Houston), a | ||||||
distance of 394.76 feet to a point in the south line of Lake Shadows | ||||||
Section Four, a subdivision recorded in File No. D620201, Map | ||||||
Records of Harris County, Texas, and at the northwest corner of this | ||||||
tract. | ||||||
THENCE N 86° 32' 15" E with the south line of said Lake Shadows | ||||||
Section Four and the north line of this tract, at a distance of | ||||||
204.97 feet pass a 1/2" iron rod found, and continuing a total | ||||||
distance of 689.12 feet to a point in a concrete slab at the | ||||||
southeast corner of said Lake Shadows Section Four, the southwest | ||||||
corner of a called 447.0498 acre tract recorded in File | ||||||
No. D759681, Deed Records of Harris County, Texas, and an interior | ||||||
corner of this tract from which a 1/2 " iron rod with cap marked | ||||||
"SHINE 5502" set for reference bears S 04° 44' 22" W a distance of | ||||||
1.88 feet, a 1" iron pipe found bears N 79° 27' 48" E a distance of | ||||||
101.22 feet, and a 1/2" iron rod found in the east line of said Lake | ||||||
Shadows Section Four bears N 33° 33' 38" E a distance of 254.84 feet. | ||||||
THENCE N 86° 43' 31" E with the south line of said called 447.0498 | ||||||
acre tract and a north line of this tract, a distance of 10,942.13 | ||||||
feet to a 1/2 inch iron rod next to a 4"x6" fence post found at the | ||||||
southeast corner of said called 447.0498 acre tract and an interior | ||||||
corner of this tract. | ||||||
THENCE N 02° 07' 50" W with the east line of said called 447.0498 | ||||||
acre tract and a northerly west line of this tract a distance of | ||||||
26.79 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set at | ||||||
the southwest corner of a called 0.1148 acre tract recorded in File | ||||||
No. T653706, Deed Records of Harris County, Texas and a northwest | ||||||
corner of this tract. | ||||||
THENCE N 87° 22' 21" E with the south line of said called 0.1148 acre | ||||||
tract and a north line of this tract, at a distance of 50.02 feet | ||||||
pass the southeast corner of said called 0.1148 acre tract recorded | ||||||
in File No. T653706 and the southwest corner of a called 0.1148 acre | ||||||
tract recorded in File No. T702499, Deed Records of Harris County, | ||||||
Texas, at a distance of 100.02 feet, pass the southeast corner of | ||||||
said called 0.1148 acre tract recorded in File No. T702499 and the | ||||||
southwest corner of a called 0.1148 acre tract recorded in File | ||||||
No. T643967, at a distance of 150.02 feet pass the southeast corner | ||||||
of said called 0.1148 acre tract recorded in File No. T643967 and | ||||||
the southwest corner of a called 0.1148 acre tract recorded in File | ||||||
No. T491404, Deed Records of Harris County, Texas, at a distance of | ||||||
200.02 feet pass the southeast corner of said called 0.1148 acre | ||||||
tract recorded in File No. T491404 and the southwest corner of a | ||||||
called 0.1148 acre tract recorded in File No. T526225, Deed Records | ||||||
of Harris County, Texas, and continuing a total distance of 250.02 | ||||||
feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set at the | ||||||
southeast corner of said called 0.1148 acre tract recorded in File | ||||||
No. T526225 and an interior corner of this tract. | ||||||
THENCE N 02° 37' 39" W with the east line of said called 0.1148 acre | ||||||
tract recorded in File No. T526225 and a west line of this tract, a | ||||||
distance of 100.00 feet to a 1/2 inch iron rod with cap marked | ||||||
"SHINE 5502" set at the northeast corner of said called 0.1148 acre | ||||||
tract recorded in File No. T526225, in the south line of a called | ||||||
5.00 acre tract recorded in File No. T684273, Deed Records of | ||||||
Harris County, Texas, in the South line of the Hannah Nash Survey, | ||||||
Abstract 599, in the north line of said Abstract 838, and at a | ||||||
northwest corner of this tract. | ||||||
THENCE N 87° 02' 53" E with the south line of said Abstract 599, the | ||||||
north line of said Abstract 838, the south line of said called 5.00 | ||||||
acre tract and the north line of this tract a distance of 316.67 | ||||||
feet to a 1/2 inch iron rod found at the southeast corner of said | ||||||
Abstract 599, the southwest corner of said Abstract 60, the | ||||||
southeast corner of said called 5.00 acre tract and the southwest | ||||||
corner of a called 45 acre tract recorded in File No. 20080119197, | ||||||
Deed Records of Harris County, Texas. | ||||||
THENCE N 87° 24' 37" E with the south line of said called 45 acre | ||||||
tract, the south line of said Abstract 60, the north line of said | ||||||
Abstract 838 and the north line of this tract, a distance of 986.97 | ||||||
feet to a 1/2 inch iron rod found at the southeast corner of said | ||||||
called 45 acre tract, the southwest corner of a called 8.39 acre | ||||||
tract recorded in File No. 20070675831, Deed Records of Harris | ||||||
County, Texas, and a northerly corner of this tract. | ||||||
THENCE N 87° 48' 26" E with the south line of said 8.339 acre tract, | ||||||
the south line of said Abstract 60, the north line of said Abstract | ||||||
838 and the north line of this tract, at a distance of 150.00 feet | ||||||
pass the southeast corner of said called 8.39 acre tract and the | ||||||
southwest corner of a called 11.675 acre tract recorded in File | ||||||
No. 20070675831, Deed Records of Harris County, Texas, and | ||||||
continuing a total distance of 359.69 feet to a 1/2 inch iron rod | ||||||
found at the southeast corner of said called 11.675 acre tract and | ||||||
the southwest corner of a called 155.76 acre tract recorded in | ||||||
Volume 438, Page 236, Deed Records of Harris County, Texas. | ||||||
THENCE N 87° 20' 09" E with the south line of said Abstract 60, the | ||||||
north line of said Abstract 838, the south line of said called | ||||||
155.76 acre tract and the north line of this tract, a distance of | ||||||
682.33 feet to a 1/2 inch iron rod found next to a 8"x8" square fence | ||||||
post at the southeast corner of said called 155.76 acre tract and | ||||||
the southwest corner of a called 29.15 acre tract recorded in File | ||||||
No. R106573, Deed Records of Harris County, Texas. | ||||||
THENCE N 87° 24' 00" E with the south line of said Abstract 60, the | ||||||
north line of said Abstract 838, the south line of said called 29.15 | ||||||
acre tract and the north line of this tract, and at a distance of | ||||||
525.51 feet pass the southeast corner of said called 29.15 acre | ||||||
tract and the southwest corner of said called 60.0765 acre tract, | ||||||
and continuing with the south line of said Abstract 60, the north | ||||||
line of said Abstract 838, the south line of said called 60.0765 | ||||||
acre tract and the north line of this tract, a total distance of | ||||||
1648.87 feet to the PLACE OF BEGINNING, containing 1,942.08 acres | ||||||
of land. | ||||||
SECTION 3. (a) The legal notice of the intention to | ||||||
introduce this Act, setting forth the general substance of this | ||||||
Act, has been published as provided by law, and the notice and a | ||||||
copy of this Act have been furnished to all persons, agencies, | ||||||
officials, or entities to which they are required to be furnished | ||||||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||||||
Government Code. | ||||||
(b) The governor, one of the required recipients, has | ||||||
submitted the notice and Act to the Texas Commission on | ||||||
Environmental Quality. | ||||||
(c) The Texas Commission on Environmental Quality has filed | ||||||
its recommendations relating to this Act with the governor, | ||||||
lieutenant governor, and speaker of the house of representatives | ||||||
within the required time. | ||||||
(d) The general law relating to consent by political | ||||||
subdivisions to the creation of districts with conservation, | ||||||
reclamation, and road powers and the inclusion of land in those | ||||||
districts has been complied with. | ||||||
(e) All requirements of the constitution and laws of this | ||||||
state and the rules and procedures of the legislature with respect | ||||||
to the notice, introduction, and passage of this Act have been | ||||||
fulfilled and accomplished. | ||||||
SECTION 4. This Act takes effect immediately if it receives | ||||||
a vote of two-thirds of all the members elected to each house, as | ||||||
provided by Section 39, Article III, Texas Constitution. If this | ||||||
Act does not receive the vote necessary for immediate effect, this | ||||||
Act takes effect September 1, 2017. | ||||||
* * * * * |