By: Whitmire S.B. No. 1897
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fall Creek Management District;
providing authority to impose taxes and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION OF DISTRICT. (a) The Fall Creek
Management District is a special district created under Section 59,
Article XVI, Texas Constitution.
(b) The board by resolution may change the name of the
district.
SECTION 2. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Fall Creek Management
District.
SECTION 3. 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 Act.
(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 area of the district.
(c) The creation of the district and this legislation may
not be interpreted to relieve Harris County or the City of Houston
from providing the level of services provided, as of the effective
date of this Act, to the area in the district. The district is
created to supplement and not to supplant the county or city
services provided in the area in the district.
(d) By creating the district and in authorizing the City of
Houston, Harris 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.
SECTION 4. BOUNDARIES. The district includes all the
territory contained in the following described area:
BEING a 31.83 acre tract of land in the Ferdinand Bell 1/3
League, Abstract No. 115, Harris County, Texas, being out of a
635.48 acre tract of land described as tract "A" in Exhibit "A" in a
deed recorded at Harris County Clerk's File No. U290042, said 31.83
acre tract being more particularly described by metes and bounds;
BEGINNING at a 1/2" iron rod with a Brown & Gay cap found in
the easterly right-of-way line of Mesa Road, dedicated on the plat
of Fall Creek, Sec. 1 recorded at Film Code No. 488014 of the Harris
County Map Records, for the northwest corner of Fall Creek, Sec. 2,
a plat of which is recorded at Film Code No. 488018, and being in the
southerly line of a 150-foot wide Houston Lighting & Power Company
easement described in an instrument recorded in Volume 5782, Page
361 of the Harris County Deed Records;
THENCE in a northerly direction along the easterly boundary
of said Sec. 1, same being the easterly right-of-way line of Mesa
Road as follows:
N 03°35'22" E, 254.27 feet to a 1/2" iron pipe with a Brown &
Gay cap found for the point of curvature of a curve to the left;
350.37 feet along the arc of said curve to the left having a
radius of 2000.00 a central angle of 10°02'14" and a chord which
bears N 01°25'45" W, 349.92 feet to a 1/2" iron pipe with a Brown &
Gay cap found for the point of tangency of said curve;
N 06°26'52" W, 132.77 feet to a 1/2" iron pipe with a Brown &
Gay cap found for the point of curvature of a curve to the right;
291.83 feet along the arc of said curve to the right having a
radius of 1150.00 feet, a central angle of 14°32°24" and a chord
which bears N 00°49'20" E, 291.05 feet to a 1/2" iron pipe with a
Brown & Gay cap found for a corner of a 37.228 acre tract
(right-of-way for Beltway 8 as described in an agreed final
judgment recorded at Harris County Clerk's File No. N798944) and a
corner for said 635.48 acre tract;
THENCE in a southeasterly direction along the common boundary
of said 635.48 acre tract and Beltway 8 (37.228 acre tract) as
follows:
N 10°00'24" E, 42.38 feet to a 5/8" iron rod found for a
corner;
N 55°37'59" E, 63.73 feet to a 5/8" iron rod found for a
corner;
S 78°44'26" E, 42.38 feet to an angle point, whence a found
highway concrete monument with a disk, bears S 35°04' W, 1.5 feet;
S 71°35'01" E, at a distance of 368.51 feet passing a found
highway concrete monument with a disk and in all a total distance of
969.95 feet to a 5/8" iron rod with a Brown & Gay cap set for an
angle point;
S 76°11'39" E, 563.86 feet to a 1/2" iron pipe with a Brown &
Gay cap set for a corner;
THENCE S 06°03'38" W, 876.84 feet to a 1/2" iron pipe with a
Brown & Gay cap set for a corner in the northeasterly line of said
Fall Creek, Sec. 2, same being the southwesterly line of a 30-foot
wide Humble Oil & Refining Company easement described in an
instrument recorded in Volume 5499, Page 359 of the Harris County
Deed Records;
THENCE N 67°15'40" W, 640.68 feet along a common line of said
30-foot wide easement and said Sec. 2, same being a line which is
5.00 feet southwesterly from and parallel with the southwesterly
line of said 150-wide easement to a 1/2" iron pipe with a Brown & Gay
cap found for an angle point;
THENCE S 87°41'00" W, 394.37 feet continuing along last said
common line, same being a line which is 5.00 feet southerly from and
parallel with a southerly line of said 150-foot easement to a 1/2"
iron pipe with a Brown & Gay cap found for a corner;
THENCE N 02°19'00" W, 5.00 feet along a westerly line of said
Sec. 1 to a 1/2" iron pipe with a Brown & Gay cap found for a corner
in a southerly line of said 150-foot wide easement;
THENCE S 87°41'00" W, 488.53 feet along the common line of
said Sec. 1 and said 150-foot wide easement to the POINT OF
BEGINNING and containing 31.83 acres of land.
Bearing orientation is based on the bearing N 87°41'00" E, for
a northerly line of Fall Creek, Sec. 1, recorded at Film Code 488018
of the Harris County Map Records and monumented on the ground as
called for in this description.
BEING a 20.51 acre tract of land situated in the Ferdinand
Bell 1/3 League, Abstract No. 115, Harris County, Texas, being out
of a 635.48 acre tract of land described as tract "A" in Exhibit "A"
in a deed recorded at Harris County Clerk's File No. U290042, said
20.51 acre tract being more particularly described by metes and
bounds as follows;
BEGINNING at a 1/2" iron pipe with a Brown & Gay cap found at a
corner of the southerly right-of-way line of Beltway 8 (a 37.228
acre tract described in an agreed final judgement recorded at
Harris County Clerk's File No. N798944), for the most northerly
northwest corner of Fall Creek Sec. 1, a plat of which is recorded
at Film Code No. 488014 of the Harris County Map Records and being
in the westerly right-of-way line of Mesa Road as dedicated on said
plat;
THENCE S 03°07'04" W, 475.23 feet along the westerly
right-of-way line of Mesa Road (width of right-of-way varies) to a
1/2" iron pipe with a Brown & Gay cap found for the point of
curvature of a curve to the left;
THENCE in a southerly direction, 310.47 feet along the
westerly right-of way line of Mesa Road and following the arc of
said curve to the left having a radius of 2000.00 feet, a central
angle of 08°53'40" and a chord which bears S 01°19'46" E, 310.16 feet
to a 1/2" iron pipe with a Brown & Gay cap found for the point of
tangency of said curve;
THENCE S 05°46'36" E, 260.71 feet continuing along said
westerly right-of-way line to a 1/2" iron pipe with a Brown & Gay
cap set for a corner in the southerly line of a 30-foot wide Humble
Oil & Refining Company easement described in an instrument recorded
in Volume 5499, Page 359 of the Harris County Deed Records;
THENCE S 87°41'00" W, 696.01 feet along the southerly line of
said 30-foot wide easement, same being a line which is 5.00 feet
southerly from and parallel with the southerly line of a 150-foot
wide Houston Lighting & Power Company easement described in an
instrument recorded in Volume 5782, Page 361 of the Harris County
Deed Records, to a 1/2" iron pipe with a Brown & Gay cap set for a
corner;
THENCE N 01°39'28" W, at a distance of 5.00 feet passing a 5/8"
iron rod with a cap found for the southeast corner of a Houston
Lighting & Power Company 1.59 acre tract described in a deed
recorded in Volume 5444, Page 314 of the Harris County Deed Records
and for a corner of said 635.48 acre tract, continuing on said
bearing and along a common line of said 1.59 acre tract and said
635.48 acre tract, at a distance of 155.00 feet passing a 5/8" iron
rod found for the northeast corner of said 1.59 acre tract, same
being the southeast corner of an 8.6260 acre tract described in a
deed recorded at Harris County Clerk's File No. T345029, continuing
on said bearing and along the common line of said 8.6260 acre tract
and said 635.48 acre tract a total distance of 1320.37 feet to the
common north corner of said 8.6260 acre tract and said 635.48 acre
tract, same being the southwest corner of a 10.9428 acre tract
(right-a-way for North Belt Drive described in a deed recorded in
Volume 3423, Page 93 of the Harris County Deed Records), a found
1/2" iron rod bears S 1 l°00'E, 0.50 foot from said point for a
corner;
THENCE in an easterly direction, 53.59 feet along a southerly
right-a-way line of North Belt Drive (10.9428 acre tract), along a
north line of said 635.48 acre tract and following the arc of a
curve to the left having a radius of 2000.00 feet, a central angle
of 01°32'07" and a chord which bears N 88°20'21" E, 53.59 feet to a
5/8" iron rod with a Brown & Gay cap set for the point of tangency of
said curve;
THENCE N 87°34'17" E, 313.32 feet continuing along a southerly
right-of-way line of North Belt Drive (10.9428 acre tract) and
along a north line of said 635.48 acre tract to a 5/8" iron rod found
for the most westerly corner of said 37.228 acre tract for
right-of-way of Beltway 8;
THENCE in a southeasterly direction along the common boundary
of said 635.48 acre tract and Beltway 8 (37.228 acre tract) as
follows:
S 7l°35'01" E, 316.73 feet to an angle point, whence a found
highway concrete monument with a disk, bears S 55°41' W, 1.4 feet;
S 68°11'11" E, 16.54 feet to a point for a corner, whence a
found highway concrete monument with a disk, bears S 40°53' W, 1.3
feet;
S 34°22'01" E, 83.20 feet to a point for a corner, whence a
found highway concrete monument with a disk, bears S 41°29' W, 1.1
feet;
S 00°32'51" E, 16.54 feet to a 5/8" iron rod found for an angle
point;
S 02°50'59" W, 71.19 feet to the POINT OF BEGINNING and
containing 20.51 acres of land.
Bearing orientation is based on the bearing N 03°07'04" E for
the westerly right-of-way of Mesa Road as shown on the plat of Fall
Creek, Sec. 1 recorded at Film Code No. 488014 of the Harris County
Map Records and monumented on the ground as called for in this
description.
BEING a 27.11 acre tract of land situated in the Ferdinand
Bell 1/3 League, Abstract No. 115, Harris County, Texas, being out
of a 635.48 acre tract of land described as tract "A" in Exhibit "A"
in a deed recorded at Harris County Clerk's File No. U290042, said
27.11 acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2" iron pipe with a Brown & Gay cap found for
the northeast corner of Fall Creek, Sec. 1 a plat of which is
recorded at Film Code No. 488018 of the Harris County Map Records,
for the northwest corner of Fall Creek, Sec. 3, a plat of which is
recorded at Film Code No. 488022 of the Harris County Map Records,
and being in a southwesterly line of a 30-foot wide Humble Oil &
Refining Company easement described in an instrument recorded in
Volume 5499, Page 359 of the Harris County Map Records;
THENCE N 67°15'40" W, 228.85 feet along a common line of said
30-foot wide easement and said Sec. 2, same being a line which is
5.00 feet southwesterly from and parallel with the southwesterly
line of a 150-foot wide Houston Lighting & Power Company easement
described in an instrument recorded in Volume 5782, Page 361 of the
Harris County Deed Records;
THENCE N 06°03'38" E, 876.84 feet to 1/2" iron pipe with a
Brown & Gay cap set for a corner in the southwesterly right-of-way
line of Beltway 8 (37.228 acre tract described in an agreed final
judgement recorded at Harris County Clerk's File No. N798944)
THENCE S 76°11'39" E, 58.15 feet along a common line of said
Beltway 8 and said 635.48 acre tract to a highway concrete monument
with a disk found for an angle point;
THENCE S71°35'01" E, 1270.38 feet along a common line of said
Beltway 8 and said 635.48 acre tract to a 1/2" iron pipe with a Brown &
Gay cap set for the point of curvature of a curve to the right;
THENCE in a southeasterly direction, 39.27 feet along the arc
of said curve to the right having a radius of 25.00 feet, a central
angle of 90°00'00" and a chord which bears S 26°35'01" E, 35.36 feet
to a 1/2" iron pipe with a Brown & Gay cap set for the point of
tangency of said curve;
THENCE S 18°24'59" W, 167.78 feet to a 1/2" iron pipe with a
Brown & Gay cap set for the point of curvature of a curve to the
left;
THENCE in a southerly direction, 334.70 feet along the arc of
said curve to the left having a radius of 1245.00 feet, a central
angle of 15°24'12" and a chord which bears S 10°42'53" W, 333.70 feet
to a 1/2" iron pipe with a Brown & Gay cap set for the point of
tangency of said curve;
THENCE S 03°00'47" W, 135.83 feet to a 1/2" iron pipe with a
Brown & Gay cap set for the point of curvature of a curve to the
right;
THENCE in a southerly direction, 306.70 feet along the arc of
said curve to the right having a radius of 970.00 feet, a central
angle of 18°06'58" and a chord which bears S 12°04'16" W, 305.42 feet
to a 1/2" iron pipe with a Brown & Gay cap set for a corner in the
southwesterly line of said 30-foot wide easement;
THENCE N 67°15'40" W, along the southwesterly line of said
30-foot wide easement, same being a line which is 5.00 feet
southwesterly from and parallel with the southwesterly line of said
150-foot wide easement, at a distance of 72.36 feet passing a 1/2"
iron pipe with a Brown & Gay cap found for the northeast corner of
said Fall Creek, Sec. 3, continuing along the southwesterly line of
said 30-foot wide easement and along the northeasterly line of said
Sec. 3 a total distance of 1055.06 feet to the POINT OF BEGINNING
and containing 27.11 acres of land.
Bearing orientation is based on the bearing S 67°15'40" E for
the northeasterly line of Fall Creek, Sec. 3 recorded at Film Code
No. 488022 of the Harris County Map Records and monumented on the
ground as called for in this description.
BEING a 34.80 acre tract of land situated in the Ferdinand
Bell 1/3 League, Abstract No. 115 and the S. Everette Survey,
Abstract No. 250, Harris County, Texas, being out of a 635.48 acre
tract of land described as tract "A" in Exhibit "A" in a deed
recorded at Harris County Clerk's File No. U290042, said 34.80 acre
tract being more particularly described by metes and bounds as
follows;
COMMENCING at a 1/2" iron pipe with a Brown & Gay cap found
for the northwest corner of Fall Creek, Sec. 3, a plat of which is
recorded at Film Code No. 488022 of the Harris County Map Records
and being in the southwesterly line of a 30-foot wide Humble Oil &
Refining Company easement described in an instrument recorded in
Volume 5499, Page 359 of the Harris County Deed Records;
THENCE S 67°15'40" E, along the common line of said Sec. 3 and
said 30-footwide easement, same being a line which is 5.00 feet
southwesterly from and parallel with the southwesterly line of a
150-foot wide Houston Lighting & Power Company easement described
in an instrument recorded in Volume 5782, Page 361 of the Harris
County Deed Records, at a distance of 982.70 feet passing a 1/2"
iron pipe with a Brown & Gay cap found for the northeast corner of
said Sec. 3, continuing along the southwesterly line of said
30-foot wide easement a total distance of 1125.68 feet, to a 1/2"
iron pipe with a Brown & Gay cap set for the southwest corner and
POINT OF BEGINNING of the tract described herein;
THENCE in a northerly direction, 209.48 feet along the arc of
a curve to the left having a radius of 1030.00 feet, a central angle
of 11°39'10" and a chord which bears N 13°10'56" E, 209.48 feet to a
1/2" iron pipe with a Brown & Gay cap set for the point of curvature
of a curve to the right;
THENCE 09°34'13" E, 387.88 feet to a 1/2" iron pipe with a
Brown & Gay cap set for the point of curvature of a curve to the
right;
THENCE in a northerly direction, 178.33 feet along the arc of
said curve to the right having a radius of 1155.00 feet, a central
angle of 08°50'46" and a chord which bears N 13°59'36" E, 178.15 feet
to a 1/2" iron pipe with a Brown & Gay cap set for the point of
tangency of said curve;
THENCE N18°24'59" E, 167.78 feet to a 1/2" iron pipe with a
Brown & Gay cap set for the point of curvature of a curve to the
right;
THENCE in a northeasterly direction, 39.27 feet along the arc
of said curve to the right having a radius of 25.00 feet, a central
angle of 90°00'00" a chord which bears N 63°24'59" E, 35.36 feet to a
1/2" iron pipe with a Brown & Gay cap set for the point of tangency
of said curve in the southerly right-of-way line of Beltway 8
(37.228 acre tract described in a deed recorded at Harris County
Clerk's File No. N798944);
THENCE 71°35'01" E, 45.65 feet along the southerly
right-of-way line of Beltway 8 and along a northeasterly line of
said 635.48 acre tract to a highway concrete monument with a disk
found for the point of curvature of a curve to the left;
THENCE in a southeasterly direction, 1319.85 feet along the
arc of said curve to the left having a radius of 5729.58 feet, a
central angle of l3°11'55" and a chord which bears S 78°10'58" E,
1316.94 feet to a 1/2" iron pipe with a Brown & Gay cap set for a
corner;
THENCE S 02°41'15" W, 956.07 feet to a 1/2" iron pipe with a
Brown & Gay cap set for a corner in a southerly line of said 30-foot
wide easement;
THENCE S 86°51'00" W, 710.26 feet along a southerly line of
said 30-foot wide easement, same being a line which is 5.00 feet
southerly from and parallel with a southerly line of a 150-foot wide
Houston Lighting & Power Company easement described in a deed
recorded in Volume 5782, Page 361 of the Harris County Deed Records
to a 1/2" iron pipe with a Brown & Gay cap set for an angle point in a
southerly line of said 30-foot wide easement;
THENCE N 67°15'40" W, 895.64 feet along the southwesterly line
of said 30-foot wide easement, same being a line which is 5.00 feet
southwesterly from and parallel with the southwesterly line of said
150-foot wide easement to the POINT OF BEGINNING and containing
34.49 acres of land.
Bearing orientation is based on the bearing S 67°15'40" for a
northeasterly line of Fall Creek Sec. 3, recorded at Film Code No.
488022 of the Harris County Map Records and monumented on the ground
as called for in this description.
BEING a 33.46 acre tract of land in the S. Everette Survey,
Abstract No. 250, Harris County, Texas, being out of a 635.48 acre
tract of land described as tract "A" in Exhibit "A" in a deed
recorded at Harris County Clerk's File No. U290042, said 33.46 acre
tract being more particularly described by metes and bounds as
follows;
COMMENCING at a 5/8" iron rod with a cap found for the most
easterly northeast corner of said 635.48 acre tract, same being the
most easterly southeast corner of a 37.228 acre tract (right-of-way
for Beltway 8 as described in an agreed final judgement recorded at
Harris County Clerk's File No. N798944);
THENCE in a westerly direction along the common boundary
lines of Beltway 8 (37.228 acre tract) and said 635.48 acre tract as
follows:
S 87°23'00" W, 637.89 feet to an angle point, whence a found
highway concrete monument with a disk, bears S 38°44'W, 0.74 foot;
S 81°31'35" W, 34.69 feet to an angle point, whence a found
highway concrete monument with a disk, bears S 50°33' W, 0.88 foot;
S 42°23'00" W, 78.38 feet to an angle point, whence a found
highway concrete monument with a disk, bears S 53°18' W, 1.08 feet;
S 03°14'25" W, 34.69 feet to an angle point, whence a found
highway concrete monument with a disk, bears S 18°52' W, 0.50 foot;
S 87°23'00" W, 140.00 feet to a point for the most easterly
northeast corner and POINT OF BEGINNING of the tract described
herein, whence a found highway concrete monument with a disk, bears
S 40°33' W, 0.50 foot;
THENCE S 02°37'00" E, 67.45 feet to a 1/2" iron pipe with a
Brown & Gay cap set for the point of curvature of a curve to the
right;
THENCE in a southerly direction, 448.89 feet along the arc of
said curve to the right having a radius of 1500.00 feet, a central
angle of 17°08'46" and a chord which bears S 05°57'23" W, 447.21 feet
to a 1/2" iron pipe with a Brown & Gay cap set for a point of
compound curvature;
THENCE in a southwesterly direction, 302.58 feet along the
arc of a curve to the right having a radius of 1950.00 feet, a
central angle of 08°53'26" and a chord which bears S 18°58'29" W,
302.27 feet to a 1/2" iron pipe with a Brown & Gay cap set for a
corner in a southerly line of a 30-foot wide Humble Oil & Refining
Company easement described in an instrument recorded in Volume
5388, Page 273 of the Harris County Deed Records;
THENCE S 86°51'00" W, 1535.40 feet along a southerly line of
said 30-foot wide easement, same being a line which is 5.00 feet
southerly from and parallel with the southerly line of a 150-foot
wide Houston Lighting & Power Company easement described in an
instrument recorded in Volume 5782, Page 361 of the Harris County
Deed Records to a 1/2" iron pipe with a Brown & Gay cap set for a
corner;
THENCE N 02°41'15" E, 956.07 feet to a 1/2" iron pipe with a
Brown & Gay cap set for a corner in the southerly right-of-way line
of Beltway 8 (37.228 acre tract);
THENCE in an easterly direction along the common boundary
lines of Beltway 8 (37.228 acre tract) and said 635.48 acre tract as
follows:
783.45 feet along the arc of a curve to the left having a
radius of 5729.58 feet, a central angle of 07°50'04" and a chord
which bears S 88°41'58" E, 782.84 feet to a highway concrete
monument with a disk found for the point of tangency of said curve;
N 87°23'00" E, 750.36 feet to an angle point, whence a found
highway concrete monument with a disk, bears S 40°13' W, 0.86 foot;
S 86°45'35" E, 34.69 feet to a point for a corner, whence a
found highway concrete monument with a disk, bears S 44°10' W, 1.16
feet;
S 47°37'00" E, 78.38 feet to a point for a corner, whence a
found highway concrete monument with a disk, bears S 41°19' W, 0.84
foot;
S 08°28'25" E, 34.69 feet to the POINT OF BEGINNING and
containing 33.46 acres of land.
Bearing orientation is based on the bearing N 87°23'00" E,
750.36 feet for a northerly line of a 635.48 acre tract described as
Tract "A" of Exhibit "A" in a deed recorded at Harris County Clerk's
File No. U290042 and monumented on the ground as called for in this
description.
BEING a 16.03 acre tract of land situated in the S. Everette
Survey, Abstract No. 250 and the J. Karcher Survey, Abstract No.
504, Harris County, Texas, being out of a 635.48 acre tract
described as Tract "A" in Exhibit "A" in a deed recorded at Harris
County Clerk's File No. U290042, said 16.03 acre tract being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod with a cap found for the most
easterly northeast corner of said 635.48 acre tract, same being the
most easterly southeast corner of a 37.228 acre tract (right-of-way
for Beltway 8 as described in an agreed final judgement recorded at
Harris County Clerk's File No. N798944) and being in the westerly
line of a 102.9031 acre tract described in a deed recorded at Harris
County Clerk's File No. N099233;
THENCE S 02°36'50" E, 874.44 feet along the common line of
said 635.48 acre tract and said 102.9031 acre tract to a 1/2" iron
pipe with a Brown & Gay cap set for a corner in a southerly line of a
Humble Oil & Refining Company easement described in an instrument
recorded in Volume 5499, Page 359 of the Harris County Deed Records;
THENCE S 86°51'00" W, 938.13 feet along a southerly line of
said 30-foot wide easement, same being a line which is 5.00 feet
southerly from and parallel with the southerly line of a 150-foot
wide Houston Lighting & Power Company easement described in an
instrument recorded in Volume 5782, Page 361 of the Harris County
Deed records to a 1/2" iron pipe with a Brown & Gay cap set for a
corner;
THENCE in a northeasterly direction 198.58 feet along the arc
of a curve to the left having a radius of 2050.00 feet, a central
angle of 05°33'01" and a chord which bears N 19°15'19" E, 198.51 feet
to a 1/2" iron pipe with a Brown & Gay cap set for the point of
tangency of said curve;
THENCE N 28°49'28" E, 204.11 feet to a 1/2" iron pipe with a
Brown & Gay cap set for the point of curvature of a curve to the
left;
THENCE in a northerly direction, 399.96 feet along the arc of
said curve to the left having a radius of 1200.00 feet, a central
angle of l9°05'49" and a chord which bears N 06°55'54" E, 398.12 feet
to a iron pipe with a Brown & Gay cap set for the point of tangency
of said curve;
THENCE N 02°37'00" W, 20.00 feet to a corner of said 37.228
acre tract, same being the southerly right-of-way line of Beltway
8, a found highway concrete monument with a disk, bears S 18°52' W,
0.50 foot from said corner;
THENCE in an easterly direction along the common boundary
lines of said Beltway 8 and said 635.48 acre tract as follows:
N 03°14'25" E, 34.69 feet to a point for a corner, whence a
found highway concrete monument with a disk, bears S 53°18' W, 1.08
feet;
N 42°23'00" E, 78.38 feet to a point found for a corner, whence
a found concrete monument with a disk, bears S 50°33' W, 0.88 foot;
N 81°31'35" E, 34.69 feet to a point for an angle point, whence
a found highway concrete monument with a disk, bears S 38°44' W, 0.74
foot;
N 87°23'00" E, 637.89 feet to the POINT OF BEGINNING and
containing 16.03
Bearing orientation is based on the bearing N 83°23'00" E, for
the most easterly southerly line of a 37.228 acre tract described in
a deed recorded at Harris County Clerk's File No. N798944 and
monumented on the round as called for in this description.
BEING a 28.49 acre tract of land situated in the Ferdinand
Bell 1/3 League, Abstract No. 115, Harris County, Texas, being all
of that same 28.44 acre tract described as Tract "B" in Exhibit "A"
in a deed recorded at Harris County Clerk's File No. U290042, said
28.49 acre tract being more particularly described by metes and
bounds as follows:
COMMENCING at the most northerly northwest corner of a 635.48
acre tract described as Tract "A" in Exhibit "A" in a deed recorded
at Harris County Clerk's File No. U290042, at the northeast corner
of an 8.6260 acre tract described in a deed recorded at Harris
County Clerk's File No. T345029 and at the southwest corner of a
10.9428 acre tract (right-of-way for North Belt Drive described in
a deed recorded in Volume 3423, Page 93 of the Harris County Deed
Records), a 1/2" iron rod bears S 10°00' E 0.50 foot from said
commencing point;
THENCE in an easterly direction, 53.59 feet along a southerly
line of said 10.9428 acre tract (right-of-way for North Belt Drive)
along a north line of said 635.48 acres acre tract and following the
arc of a curve to the left having a radius of 2000.00 feet, a central
angle of 01°32'07" and a chord which bears N 88°20'21" E, 53.39 feet
to a 5/8" iron rod with a Brown & Gay cap set for the point of
tangency of said curve;
THENCE N 87°34'17" E, along a southerly line of said 10.9428
acre tract and along a north line of said 635.48 acre tract, at a
distance of 313.32 feet passing a 5/8" iron rod found for the most
westerly corner of a 37.228 acre tract (right-of-way for Beltway 8
as described in an agreed final judgement recorded at Harris County
Clerk's File No. N798944), leaving said 635.48 acre tract and going
along the common line of said 10.9428 acre tract and said 37.228
acre tract for a total distance of 1437.41 feet to a 5/8" iron rod
with a Brown & Gay cap set in a northerly right-of-way line of
Beltway 8, being the most westerly corner of said 28.44 acre tract,
being a corner of said 37.228 acre tract and being the most westerly
corner of POINT OF BEGINNING of the tract described herein;
THENCE in an easterly direction along the southerly boundary
of said 10.9428 acre and along the northerly boundary of said 28.44
acre tract as follows:
N87°34'25" E, 162.24 feet to a 5/8" iron rod with a Brown & Gay
cap set for the point of curvature of a curve to the left;
316.55 feet along the arc of said curve to the left having a
radius of 2000.00 feet, a central angle of 09°04'07" and a chord
which bears N 83°022'22" E, 316.22 feet to a point of reverse
curvature, whence a found 5/8" iron rod with a cap, bears N 86°40' E,
0.90 foot;
316.55 feet along the arc of a curve to the right having a
radius of 2000.00 feet, a central angle of 09°04'07" and a chord
which bears N 83°02'02" E, 316.22 feet to the point of tangency of
said curve, whence a found 5/8" iron rod, bears N 86°12' E, 1.28
feet;
N 87°34'25" E, 65.21 feet to the point of a curvature of a
curve to the right, whence a found 5/8" iron rod, bears a S 82°09' E,
0.57 foot;
1947.75 feet along the arc of said curve to the right having a
radius of 2789.79 feet, a central angle of 40°00'08" and a chord
which bears S 72°25'31" E, 1908.43 feet to the point of tangency of
said curve, whence a found 5/8" iron rod bears N 82°52' E, 0.41 foot;
THENCE S 02°37'00" W, 324.73 feet along the east right-of-way
line of old Lockwood Road, along the west line of said Stimpson
Survey, along the east line of said Bell 1/3 League and along the
east line of said 28.44 acre tract to a point for a corner at the
beginning of a curve to the right and being in the northerly
right-of-way line of Beltway 8 (37.228 acre tract), whence a found
highway monument with a disk, bears N 29°26' W, 0.62 foot;
THENCE in a westerly direction along the northerly
right-of-way line of Beltway 8 (37.228 acre tract) and along the
southerly boundary of said 28.44 acre tract as follows:
743.22 feet (called 737.78 feet in the deed for aid 28.44 acre
tract) along the arc of said curve to the right having a radius of
5729.58 feet, a central angle of 07°25'56" and a chord which bears N
75°17'59" W, 742.70 feet to a highway monument with a disk found for
the point of tangency of said curve;
N 71°35'01" W, 1121.71 feet to an angle point, whence a found
5/8" iron rod, bears N 20°20' E, 0.41 foot;
N 66°58'22" W, 622.00 feet to a highway monument with a disk
found for an angle point;
N 71°35'01" W, 552.68 feet to the POINT OF BEGINNING and
containing 28.49 acres of land.
Bearing orientation is based on the bearing S 71°35'01" E,
552.68 feet for a right-of-way line of Beltway 8 described as a
37.228 acre tract in an agreed final judgement at Harris County
Clerk's File No. N798944 and monumented on the ground as called for
in this description.
SECTION 5. FINDINGS RELATING TO BOUNDARIES. The boundaries
and field notes of the district form a closure. If a mistake is made
in the field notes or in copying the field notes in the legislative
process, the mistake does not in any way affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for a purpose for
which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
SECTION 6. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit. All
the land and other property included in the district will be
benefited by 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 Act.
(b) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of development and
diversification of the economy of the state; and
(2) eliminate unemployment and underemployment and
develop or expand transportation and commerce.
(c) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, employees, visitors, and consumers in the
district, and the general public;
(2) provide needed funding to preserve, maintain, and
enhance the economic health and vitality of the district as a
community and business center; and
(3) further promote the health, safety, welfare, and
enjoyment of the public by providing pedestrian ways and by
landscaping and developing certain areas in the district, which are
necessary for the restoration, preservation, and enhancement of
scenic beauty.
(d) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, and street art objects are parts of and necessary
components of a street and are considered to be a street or road
improvement.
(e) The district will not act as the agent or
instrumentality of any private interest even though many private
interests will be benefited by the district, as well as the general
public.
SECTION 7. APPLICATION OF OTHER LAW. (a) Except as
otherwise provided by this Act, Chapter 375, Local Government Code,
applies to the district.
(b) Chapter 311, Government Code, applies to this Act.
SECTION 8. CONSTRUCTION OF ACT. This Act shall be liberally
construed in conformity with the findings and purposes stated in
this Act.
SECTION 9. BOARD OF DIRECTORS IN GENERAL. (a) The
district is governed by a board of five voting directors appointed
under Section 10.
(b) Voting directors serve staggered terms of four years,
with three directors' terms expiring June 1 of an odd-numbered year
and two directors' terms expiring June 1 of the following
odd-numbered year.
(c) The board may increase or decrease the number of
directors on the board by resolution provided that it is in the best
interest of the district to do so and that the board consists of not
fewer than five and not more than 15 directors.
SECTION 10. APPOINTMENT OF DIRECTORS. The mayor and
members of the governing body of the City of Houston shall appoint
voting directors from persons recommended by the board. A person is
appointed if a majority of the directors and the mayor vote to
appoint that person.
SECTION 11. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.
(a) Except as provided by this section:
(1) a director may participate in all board votes and
decisions; and
(2) Chapter 171, Local Government Code, governs
conflicts of interest for directors.
(b) Section 171.004, Local Government Code, does not apply
to the district. A director who has a substantial interest in a
business or charitable entity that will receive a pecuniary benefit
from a board action shall file a one-time affidavit declaring the
interest. An additional affidavit is not required if the
director's interest changes. After the affidavit is filed with the
board secretary, the director may participate in a discussion or
vote on that action if:
(1) a majority of the directors have a similar
interest in the same entity; or
(2) all other similar business or charitable entities
in the district will receive a similar pecuniary benefit.
(c) A director who is also an officer or employee of a public
entity may not participate in the discussion of or vote on a matter
regarding a contract with that public entity.
(d) For purposes of this section, a director has a
substantial interest in a charitable entity in the same manner that
a person would have a substantial interest in a business entity
under Section 171.002, Local Government Code.
SECTION 12. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation created under Section 4B,
Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
Civil Statutes), including the power to own, operate, acquire,
construct, lease, improve, and maintain projects described by that
section; and
(2) a housing finance corporation created under
Chapter 394, Local Government Code, to provide housing or
residential development projects in the district.
SECTION 13. AGREEMENTS; GRANTS. (a) 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.
SECTION 14. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with Harris County or
the City of Houston to provide law enforcement services in the
district for a fee.
SECTION 15. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act on behalf of the district in implementing a project
or providing a service authorized by this Act.
(b) The board shall appoint the board of directors of a
nonprofit corporation created under this section. 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 Chapter 431, Transportation Code.
(c) A nonprofit corporation created under this section has
the powers of and is considered for purposes of this Act to be a
local government corporation created under Chapter 431,
Transportation Code.
(d) A nonprofit corporation created under this section may
implement any project and provide any service authorized by this
Act.
SECTION 16. REQUIREMENTS FOR FINANCING SERVICES AND
IMPROVEMENTS. The board may not finance a service or improvement
project with assessments under this Act unless a written petition
requesting that improvement or service has been filed with the
board. The petition must be signed by:
(1) the owners of a majority of the assessed value of
real property in the district subject to assessment as determined
by the most recent certified tax appraisal roll for Harris County;
or
(2) at least 25 persons who own real property in the
district, if more than 25 persons own real property in the district
as determined by the most recent certified tax appraisal roll for
Harris County.
SECTION 17. ELECTIONS. (a) The district shall hold an
election in the manner provided by Subchapter L, Chapter 375, Local
Government Code, to obtain voter approval before the district
imposes a maintenance tax or issues a bond payable from ad valorem
taxes.
(b) The board may include more than one purpose in a single
proposition at an election.
(c) Section 375.243, Local Government Code, does not apply
to the district.
SECTION 18. MAINTENANCE TAX. (a) If authorized at an
election held in accordance with Section 17, the district may
impose an annual ad valorem tax on taxable property in the district
for the maintenance and operation of the district and the
improvements constructed or acquired by the district or for the
provision of services.
(b) The board shall determine the tax rate.
SECTION 19. ASSESSMENTS. (a) The board by resolution may
impose and collect an assessment for any purpose authorized by this
Act.
(b) Assessments, including assessments resulting from an
addition to or correction of the assessment roll by the district,
reassessments, penalties and interest on an assessment or
reassessment, expenses 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 resolution of
the board 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) Without necessity of notice and hearing in the manner
required for additional assessments, the board may make corrections
to or deletions from the assessment roll provided that such
corrections or deletions do not increase the amount of assessment
of any parcel of land.
SECTION 20. UTILITIES. The district may not impose an
impact fee or assessment on the property, equipment, rights-of-way,
facilities, or improvements of an electric utility or a power
generation company as defined by Section 31.002, Utilities Code, a
gas utility as defined by Section 101.003 or 121.001, Utilities
Code, or a telecommunications provider as defined by Section
51.002, Utilities Code, or of a person that provides to the public
cable television or advanced telecommunications services. If the
district, in the exercise of the powers conferred on it by this Act,
requires or requests the relocation, rerouting, or removal of
electric, gas, water, sewer, communications, or other public
utilities, as defined by Sections 31.002, 101.003, 121.001, or
51.002, Utilities Code, the relocation, rerouting, or removal shall
be at the sole expense of the district.
SECTION 21. BONDS. (a) The district may issue bonds or
other obligations payable in whole or in part from ad valorem taxes,
assessments, impact fees, revenue, grants, or other money of the
district, or any combination of those sources of money, to pay for
any authorized purpose of the district.
(b) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
SECTION 22. MUNICIPAL APPROVAL. (a) Except as provided by
Subsection (b), the district must obtain approval from the
governing body of the City of Houston of:
(1) the issuance of bonds for an improvement project;
(2) the plans and specifications of an improvement
project financed by the bonds; and
(3) the plans and specifications of a district
improvement project related to:
(A) the use of land owned by the City of Houston;
(B) an easement granted by the City of Houston;
or
(C) a right-of-way of a street, road, or highway.
(b) If the district obtains approval from the governing body
of the City of Houston of a capital improvements budget for a period
not to exceed five years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the City of Houston.
SECTION 23. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, a municipality is not required to pay a bond, note,
or other obligation of the district.
SECTION 24. DISBURSEMENTS OR TRANSFERS OF MONEY. The board
by resolution shall establish the number of directors' signatures
and the procedure required for a disbursement or transfer of the
district's money.
SECTION 25. COMPETITIVE BIDDING LIMIT. Section 375.221,
Local Government Code, applies to the district only for a contract
that has a value greater than $25,000.
SECTION 26. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
OUTSTANDING DEBT. (a) The board may vote to dissolve a district
that has debt. If the vote is in favor of dissolution, the district
shall remain in existence solely for the limited purpose of
discharging its debts. The dissolution is effective when all debts
have been discharged.
(b) Section 375.264, Local Government Code, does not apply
to the district.
SECTION 27. INITIAL DIRECTORS. (a) The initial board
consists of the following persons:
Pos. No. Name of Director
1 Jeff Anderson
2 John Deutser
3 Randy Jones
4 Jay Morris
5 Ned Piedmont
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2007, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2005.
(c) Section 10 does not apply to this section.
(d) This section expires September 1, 2007.
SECTION 28. TAX AND ASSESSMENT ABATEMENTS. Without further
authorization or other procedural requirement, the district may
grant, consistent with Chapter 312, Tax Code, an abatement for a tax
or assessment owed to the district.
SECTION 29. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to an organization that enjoys
tax-exempt status under Section 501(c)(3), (4), or (6), Internal
Revenue Code of 1986, as amended, and may perform services or
provide activities consistent with the furtherance of the purposes
of the district. An expenditure of public money for membership in
the organization is considered to further the purposes of the
district and to be for a public purpose.
SECTION 30. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible,
notwithstanding other statutory criteria, to be included in a tax
increment reinvestment zone created by the municipality under
Chapter 311, Tax Code, or included in a tax abatement reinvestment
zone created by the municipality under Chapter 312, Tax Code. All
or any part of the area of the district is also eligible to be
included in an enterprise zone created by the municipality under
Chapter 2303, Government Code.
SECTION 31. ECONOMIC DEVELOPMENT PROGRAMS. The district
may establish and provide for the administration of one or more
programs, including programs for making loans and grants of public
money and providing personnel and services of the district, to
promote state or local economic development and to stimulate
business and commercial activity in the district. The district has
all of the powers and authority of a municipality under Chapter 380,
Local Government Code.
SECTION 32. LEGISLATIVE FINDINGS. The legislature finds
that:
(1) proper and 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 by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) 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;
(3) 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; and
(4) 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 33. EFFECTIVE DATE. 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, 2003.