88(R) HB 5403 - Introduced version

	88R19290 JTZ-F

	By: Thompson of Brazoria	H.B. No. 5403

A BILL TO BE ENTITLED

relating to the creation of the Manvel Sports Facilities District;

providing authority to issue bonds; providing authority to impose

assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 4004 to read as follows:

CHAPTER 4004. MANVEL SPORTS FACILITIES DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 4004.0101. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Manvel.

(3) "County" means Brazoria County.

(4) "Director" means a board member.

(5) "District" means the Manvel Sports Facilities

District.

Sec. 4004.0102. NATURE OF DISTRICT. The Manvel Sports

Facilities District is a special district created under Section 59,

Article XVI, Texas Constitution.

Sec. 4004.0103. 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.

(b) By creating the district and in authorizing the county,

the city, 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.

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

(d) This chapter and the creation of the district may not be

interpreted to relieve the county or the city from providing the

level of services provided as of the effective date of the Act

enacting this chapter to the area in the district. The district is

created to supplement and not to supplant county or city services

provided in the district.

Sec. 4004.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) 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.

(b) The district is created to serve a public use and

benefit.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and

commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 4004.0105. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake in the

field notes or in copying the field notes in the legislative process

does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 4004.0106. 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; or

(2) a tax abatement reinvestment zone created under

Chapter 312, Tax Code.

Sec. 4004.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 4004.0108. 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. 4004.0201. GOVERNING BODY; TERMS. (a) The district

is governed by a board of five voting directors who serve staggered

terms of four years, with two or three directors' terms expiring

June 1 of each odd-numbered year.

(b) The board by resolution may change the number of voting

directors on the board only if the board determines that the change

is in the best interest of the district. The board may not consist

of fewer than five or more than nine voting directors.

Sec. 4004.0202. APPOINTMENT OF VOTING DIRECTORS ON INCREASE

IN BOARD SIZE. If the board increases the number of directors under

Section 4004.0201, the board shall appoint qualified persons to

fill the new director positions and shall provide for staggering

the terms of the directors serving in the new positions.

Sec. 4004.0203. APPOINTMENT OF VOTING DIRECTORS. The mayor

and members of the governing body of the city shall appoint voting

directors from persons recommended by the board. A person is

appointed if a majority of the members of the governing body,

including the mayor, vote to appoint that person.

Sec. 4004.0204. NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

Sec. 4004.0205. 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. 4004.0206. 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. 4004.0207. INITIAL VOTING DIRECTORS. (a) The initial

board consists of:

Pos. No.

Name of Director:

Debra Davison

Derek Hehn

Robina Spruill

Nicole Mitchell

Karen Kinlaw

(b) Of the initial directors, the terms of directors

appointed for positions one through three expire June 1, 2025, and

the terms of directors appointed for positions four and five expire

June 1, 2027.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 4004.0301. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 4004.0302. IMPROVEMENT PROJECTS AND SERVICES. (a)

The district, using any money available to the district for the

purpose, may 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.

(b) The district may contract with a governmental or private

entity to carry out an action under Subsection (a).

governmental function or service for the purposes of Chapter 791,

Government Code.

Sec. 4004.0303. 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. 4004.0304. 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. 4004.0305. ECONOMIC DEVELOPMENT PROGRAMS. (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.

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. 4004.0306. 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.

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. 4004.0307. ADDING OR EXCLUDING LAND. The district may

add or exclude land in the manner provided by Subchapter J, Chapter

49, Water Code, or by Subchapter H, Chapter 54, Water Code.

Sec. 4004.0308. 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. 4004.0309. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. ASSESSMENTS

Sec. 4004.0401. 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. 4004.0402. 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.

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.

SUBCHAPTER E. TAXES AND BONDS

Sec. 4004.0501. TAX ELECTION REQUIRED. (a) The district

must hold an election in the manner provided by Chapter 49, Water

Code, or, if applicable, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax.

(b) Section 375.243, Local Government Code, does not apply

to the district.

Sec. 4004.0502. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election under Section 4004.0501, the district may impose an

operation and maintenance tax on taxable property in the district

in the manner provided by 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 operation and maintenance

tax rate. The rate may not exceed the rate approved at the

election.

Sec. 4004.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE

BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on

terms determined by the board.

(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.

bonds, notes, or other obligations provided by Section 49.4645,

Water Code, does not apply to the district.

Sec. 4004.0504. BONDS SECURED BY REVENUE OR CONTRACT

PAYMENTS. The district may issue, without an election, bonds

secured by:

(1) revenue other than ad valorem taxes, including

contract revenues; or

(2) contract payments, provided that the requirements

of Section 49.108, Water Code, have been met.

Sec. 4004.0505. BONDS SECURED BY AD VALOREM TAXES;

ELECTIONS. (a) If authorized at an election under Section

4004.0501, the district may issue bonds payable from ad valorem

taxes.

(b) 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.

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. 4004.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The

board may not issue bonds until each municipality in whose

corporate limits or extraterritorial jurisdiction the district is

located has consented by ordinance or resolution to the creation of

the district and to the inclusion of land in the district.

(b) This section applies only to the district's first

issuance of bonds payable from ad valorem taxes.

SUBCHAPTER I. DISSOLUTION

Sec. 4004.0901. DISSOLUTION. (a) The board shall dissolve

the district on written petition filed with the board by the owners

of at least two-thirds of the assessed value of the property subject

to assessment or taxation by the district based on the most recent

certified county property tax rolls.

(b) The board by majority vote may dissolve the district at

any time.

Subsection (a) or (b) if the district:

(1) has any outstanding bonded indebtedness until that

bonded indebtedness has been repaid or defeased in accordance with

the order or resolution authorizing the issuance of the bonds;

(2) has a contractual obligation to pay money until

that obligation has been fully paid in accordance with the

contract; or

(3) owns, operates, or maintains public works,

facilities, or improvements unless the district contracts with

another person for the ownership, operation, or maintenance of the

public works, facilities, or improvements.

(d) Sections 375.261, 375.262, and 375.264, Local

Government Code, do not apply to the district.

SECTION 2. The Manvel Sports Facilities District initially

includes all territory contained in the following area:

The following approximately 159.636-acre tract of land

situated in Brazoria County, Texas:

A 149.639 acre (6,518,259 square feet) tract being all of

Lots 1, 3, 4, 9, 10, 11, 12, 17, 18, 19, 20, 25, 26, 27 and 28 of the

Allison-Richey Gulf Coast Home Company Suburban Gardens

Subdivision of Section 73, H.T. & B. Railroad Company Survey,

Abstract 301, according to the map or plat thereof, recorded in

Volume 2, Page 91 and 92, of the Plat Records of Brazoria County,

Texas (B.C.P.R.) and being all of that certain tract conveyed to

Westbank Bayou, LP (called 9.99 acres), recorded in Brazoria County

Clerk's File Number (B.C.C.F. No.) 2008004368, and being all that

certain tract conveyed to 10929 Brazoria Inc. (called 34.90 acres),

recorded in B.C.C.F. No. 2005033429, and being all that certain

tract conveyed to Eastbank Bayou, LP (called 19.950 acres),

recorded in B.C.C.F. No. 2007022032, and being a part of that

certain tract conveyed to Four Forty-Three Ltd. (called 433.09

acres), recorded in Volume 1048, Page 760, deed records of Brazoria

County, Texas (B.C.D.R.), with said 6,518,259 square foot tract of

land being more particularly described by metes and bounds as

follows:

COMMENCING at a 1/2 inch iron rod found at the Northeast

corner of said Section 73 and an interior corner of the H.T. & B.

Railroad Company Survey, Section 74, Abstract 493, recorded in

Volume 2, Page 66, B.C.P.R.) and being at the centerline

intersection of 60 foot Pollard Drive (as occupied) (Platted as 40

feet - Volume 2, Page 91 and 92, B.C.P.R.) and 60 foot Del Bello

Boulevard (as occupied)(Platted as 50 feet - Volume 2, Page 66,

B.C.P.R.), marking the northeast corner of the Michael D. Roland

and Marcy D. Roland tract (called 5.46 acres), recorded in B.C.C.F.

No. 2004072423 and 2007030104, the northwest corner of the Michael

C. Black tract (called 4.00 acres), recorded in B.C.C.F.

No. 96-015514 and the Northeast corner of said Section 73;

THENCE S 86°50'29" W, along and with the common line of

Section 73 and 74 and centerline of said 40 foot platted road, at

658.00 feet pass a point marking the southwest corner of Lot 1 of

said Section 74 and the southeast corner of said Division "O", from

which a 5/8 inch iron rod bears, S 38°48'33" W, 3.08 feet, continuing

along and with the common line of Section 73 and Division "O" and

centerline of said 40 foot platted road, a total distance of 2633.86

feet (called 2640.00 feet) to a 5/8 inch iron rod with cap stamped

"FMS" set in the north line of Section 73, the north line of a 60

foot American Canal Company Easement, recorded in Volume 638, Page

127, B.C.D.R., the south line of the Mary V O'Donnell Survey,

Division "O", Abstract 469, recorded in Volume 2, Page 91 and 92,

B.C.P.R. the south line of the John and Edith Lebourgeois tract

(called 6.978 acres), recorded in B.C.C.F. No. 98-053061, the north

line of the Eastbank Bayou, LP tract (called 19.950 acres),

recorded in B.C.C.F. No. 2007022032 and the centerline of said 40

foot platted road, marking the common corner of Lot 25 and 33 of

said Section 73 at the Northeast corner and POINT OF BEGINNING of

herein described tract, from which a 1/2 inch iron rod found, bears

S 82°35'47" E, 14.32 feet;

THENCE S 03°27'06" E, along and with the west line of said 60

foot American Canal Company Easement, the east line of herein

described tract and the common line of Lot 25 and 33, at 661.05 feet

pass a point, marking the common corner of Lots 25, 33, 34 and 26 of

said Section 73, continuing for a total distance of 2641.03 feet

(called 2640.00 feet) to a 5/8 inch iron rod with cap stamped "FMS"

set in the centerline of a 40 foot platted road and being in the west

line of said American Canal Company Easement, marking the southeast

corner of herein described tract and the common corner of Lots 28,

36, 37 and 29;

THENCE S 86°51'03" W, along and with the common line of Lots 28

and 29 and centerline of said 40 foot platted road at 658.45 feet

(called 660.00 feet) pass a 1/4 inch iron pipe found, marking the

common corner of Lots 28, 29, 21 and 20 and at 1974.69 feet (called

1980.00 feet) pass a 3/4 inch iron pipe found, marking the common

corner of Lots 12, 13, 5 and 4 of said Section 73 and the northeast

corner of the Westbank Bayou, LP tract (called 19.919 acres),

continuing for a total distance of 2632.44 feet (called 2640.00

feet) to a 1 inch iron pipe found in the centerline of a 40 foot

platted road and being in the west line of said Section 73 and the

east line of the H.T. & B. Railroad Company Survey, Section 72,

Abstract 460, marking the southwest corner of herein described

tract, the northwest corner of said 19.919 acre tract, the

northwest corner of a 3.430 acre drainage easement, recorded in

B.C.C.F. No. 2016026156, the northeast corner of a Brazos River

Authority tract (called 6.676 acres), cause number 54, 761A, the

southeast corner of the Brazos River Authority Parcel "D" tract

(called 3.18 acres), recorded in Volume 1070, Page 315, B.C.D.R.,

the southwest corner of the Brazos River Authority Parcel "A" tract

(called 0.61 acres), recorded in Volume 1070, Page 318, B.C.D.R.,

the southwest corner of the Brazoria County Municipal Utility

District (M.U.D.) No. 43 Drainage Easement tract (called 1.739

acres), recorded in B.C.C.F. No. 2016011559 and the common corner

of Lots 4 and 5, Section 73, from which a 1/2 inch iron rod found

marking the southeast corner of the Joan Banneyer tract (called

1.367 acres), recorded in B.C.C.F. No. 2005003981, bears S

86°37'46" W, 649.82 feet;

THENCE N 03°28'57" W, continuing along and with the common

line of Section 73 and 72 and along and with the common line of said

Parcel "A", Parcel "D" and said 1.739 acre easement, at 659.57 feet

(called 660.00 feet) pass a 1-1/4 inch iron pipe found, marking the

common corner of Lots 3 and 4, the northwest corner of said 1.739

acre easement, the southwest corner of the Brazoria County M.U.D.

No. 43 Drainage Easement tract (called 1.755 acres), recorded in

B.C.C.F. No. 2016026131 and the southwest corner of a 20' easement

strip, recorded in Volume 181, Page 25, B.C.D.R., continuing for a

total distance of 1319.64 feet (called 1320.00 feet) to a 1/2 inch

iron rod with cap stamped "Adams RPLS 3666" found at an angle point

for corner of herein described tract, the southwest corner of the ID

Investments, Inc tract (called 10.00 acres), recorded in B.C.C.F.

No. 2004071747, the northwest corner of said 20' easement strip,

the northwest corner of said Parcel "A", the northwest corner of

said 1.755 acre easement and the common corner of Lots 3 and 2 in the

centerline of a 40 foot platted road;

THENCE N 86°50'32" E, along and with the common line of Lots 2

and 3, the centerline of said 40 foot platted road and the common

line of herein described tract and said 10.00 acre tract, a distance

of 659.25 feet (called 660.00 feet) to a 1/2 inch iron rod with cap

stamped "Adams RPLS 3666" found for interior corner of herein

described tract, the southeast corner of said 10.00 acre tract and

the common corner of Lots 3, 2, 10 and 11;

THENCE N 03°24'29" W, along and with the common line of herein

described tract and said 10.00 acre tract and the common line of

Lots 2 and 10, a distance of 659.94 feet (called 660.00 feet) to a

1/2 inch iron rod with cap stamped "Adams RPLS 3666" found for

interior corner of herein described tract, the northeast corner of

said 10.00 acre tract and the common corner of Lots 1, 2, 9 and 10;

THENCE S 86°50'32" W, along and with the common line of herein

described tract and said 10.00 acre tract, a distance of 660.17 feet

(called 660.00 feet) to a 5/8 inch iron rod with cap stamped "FMS"

set at an angle point for corner of herein described tract in the

common line of Section 73 and 72, and being the southeast corner of

the Brazos River Authority Parcel "C" tract (called 1.61 acres),

recorded in Volume 1070, Page 315, B.C.D.R, the southwest corner of

the Brazos River Authority Parcel "A" tract (called 0.30 acre),

recorded in Volume 1070, Page 318, B.C.D.R., the southwest corner

of the Brazoria County M.U.D. No. 43 Drainage Easement tract

(called 1.790 acres), recorded in B.C.C.F. No. 2016011558 and the

common corner of Lots 1 and 2, from which a 5/8 inch iron rod found

in the east right-of-way line of County Road 82 (a.k.a. Iowa Lane)

(called 70' width, B.C.C.F. No. 99-050385), marking the northwest

corner of the SLP 288 and Rodeo Palms II, LP tract (called 12.8576

acres), recorded in B.C.C.F. No. 2006036045 and the southwest

corner of the SLP 288 and Rodeo Palms IV, LP tract (called 13.2148

acres), recorded in B.C.C.F. No. 2005011681, bears S 86°39'50" W,

978.08 feet (called 1003.68 feet);

THENCE N 03"28'57" W, along and with the common line of said

Section 73 and 72, the centerline of said 40 foot platted road and

the common line of said Parcel "C", Parcel "A" and said 1.179 acre

easement, a distance of 661.02 feet (called 660.00 feet) to a 1/2

inch iron rod with cap stamped "Adams RPLS 3666" found in the south

line of the SLP 288 and Rodeo Palms II, LP tract (called 99.9653

acres), recorded in B.C.C.F. No. 2004064049, marking the northwest

corner of herein described tract, the northwest corner of said

1.790 easement, the northwest corner of said Parcel "A", the

northwest corner of Lot 1 and the called common corner of said

Section 73, 72, Division "O" and the southeast corner of the H.T. &

B. Railroad Company Survey, Section 90, Abstract 459,recorded in

Volume 2, Page 98, B.C.P.R.;

THENCE N 86°50'29" E, along and with the common line of said

Section 73 and Division "O" and the centerline of a 40 foot platted

road, at 28.79 feet pass a 5/8 inch iron rod found, marking the

southeast corner of said 99.9653 acre tract and the southwest

corner of the Four Forty-Three, Ltd. Tract (called 20 acres),

recorded in Volume 1048, Page 760, B.C.D.R., continuing for a total

distance of 2633.92 feet (called 2640.00 feet) to the POINT OF

BEGINNING and containing a calculated area of 149.639 acres of

land.

A 10.00 acre (435,365 square feet) tract being all of Lot 2 of

the Allison-Richey Gulf Coast Home Company Suburban Gardens

Subdivision of Section 73 (A.R.G.C.H.CO. Survey, Section 73), H.T. &

B. Railroad Company Survey, Abstract 301, according to the map or

plat thereof, recorded in Volume 2, Page 91 and 92, of the Plat

Records of Brazoria County, Texas (B.C.P.R.) and being all of that

certain tract of land described in deed to ID Investments, Inc.,

under Brazoria County Clerk's File Number (B.C.C.F. No.) 2004071747

of the deed records of Brazoria County, Texas (B.C.D.R.), with said

435,365 square foot tract of land being more particularly described

by metes and bounds as follows:

BEGINNING at a 5/8 inch iron rod with cap stamped "FMS" found

on the called centerline of a 40 foot wide platted road, at the

Southwest corner of Lot 1 of the A.R.G.C.H.CO. Survey, Section 73,

at the Northwest corner of Lot 2, same being the Northwest corner of

the herein described tract;

THENCE: N 86°50'32" E, along and with the common line of Lots 1

and 2 and the North line of this tract, a distance of 660.17 feet

(called 660.00 feet) to a 1/2 inch iron rod with cap stamped "ADAMS

RPLS 3666" found at the Southwest corner of Lot 9 of the

A.R.G.C.H.CO. Survey, Section 73, same being the Southeast corner

of Lot 1, the Northwest corner of Lot 10, the Northeast corner of

Lot 2 and the Northeast corner of this tract;

THENCE: S 03°24'29" E, along and with the common line of Lots 2

and 10 and the East line of this tract, a distance of 659.94 feet

(called 660.00 feet), to a 1/2 inch iron rod with cap stamped "ADAMS

RPLS 3664" found at the common corner of Lots 2, 3, 10 and 11, at the

Southeast corner of the herein described tract;

THENCE: S 86°50'32" W, along and with the common line of Lots 2

and 3 and the South line of this tract, a distance of 659.25 feet

(called 660.00 feet), to a 1/2 inch iron rod with cap stamped "ADAMS

RPLS 3666", in the centerline of a 40 foot platted road, on the East

line of a called 12.8576 acre tract of land described in deed to SLP

288 and Rodeo Palms II, LP., under B.C.C.F. No. 200603645, at the

common West corner of Lots 2 and 3 and at the Southwest corner of

this tract;

THENCE N 03°29'17" W, along and with the common of the SLP 288

and Rodeo Palms II, LP. tract and Lot 2, same being the West line of

this tract, a distance of 659.94 feet (called 600.00 feet) to the

POINT OF BEGINNING and containing a calculated area of 10.00 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.

its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time.

(d) 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, 2023.