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AN ACT
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relating to the creation of Harris County Improvement District No. |
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25; providing authority to levy an assessment, impose a tax, and |
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issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3958 to read as follows: |
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CHAPTER 3958. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 25 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3958.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "County" means Harris County. |
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(3) "Director" means a board member. |
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(4) "District" means the Harris County Improvement |
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District No. 25. |
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Sec. 3958.002. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 3958.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the county and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the county from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant county services provided in the |
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district. |
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Sec. 3958.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3958.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3958.006. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3958.007. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3958.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may change the number of voting |
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directors on the board only if the board determines that the change |
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is in the best interest of the district. The board may not consist |
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of fewer than five or more than nine voting directors. |
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Sec. 3958.052. APPOINTMENT OF VOTING DIRECTORS. The Texas |
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Commission on Environmental Quality shall appoint voting directors |
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from persons recommended by the board. |
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Sec. 3958.053. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3958.054. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3958.055. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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Sec. 3958.056. INITIAL VOTING DIRECTORS. (a) On or after |
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the effective date of the Act enacting this chapter, the owner or |
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owners of a majority of the assessed value of the real property in |
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the district according to the most recent certified tax appraisal |
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roll for the county may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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initial voting directors the five persons named in the petition. |
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The commission shall appoint the five persons named in the petition |
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as initial directors by position. |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2019, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2021. |
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(c) Section 3958.052 does not apply to this section. |
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(d) This section expires September 1, 2021. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3958.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3958.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using any money available to the district, or contract with |
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a governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code. |
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Sec. 3958.103. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3958.104. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3958.105. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3958.106. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the county, to provide law enforcement services in the |
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district for a fee. |
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Sec. 3958.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3958.108. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3958.109. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are part of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3958.110. ANNEXATION OF LAND. The district may annex |
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land as provided by Subchapter J, Chapter 49, Water Code. |
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Sec. 3958.111. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3958.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3958.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3958.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3958.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or part of the district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3958.155. TAX AND ASSESSMENT ABATEMENTS. The district |
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may designate reinvestment zones and may grant abatements of a tax |
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or assessment on property in the zones. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3958.201. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3958.203. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3958.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election held in accordance with Section 3958.201, the district may |
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impose an operation and maintenance tax on taxable property in the |
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district in accordance with Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3958.203. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3958.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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determined by the board. Section 375.205, Local Government Code, |
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does not apply to a loan, line of credit, or other borrowing from a |
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bank or financial institution secured by revenue other than ad |
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valorem taxes. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3958.205. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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for each year that all or part of the bonds are outstanding as |
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required and in the manner provided by Sections 54.601 and 54.602, |
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Water Code. |
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SUBCHAPTER F. MUNICIPAL ANNEXATION AND DISSOLUTION |
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Sec. 3958.251. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The |
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district is a "water or sewer district" under Section 43.071, Local |
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Government Code. |
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(b) Section 43.075, Local Government Code, applies to the |
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district. |
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(c) Section 375.264, Local Government Code, does not apply |
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to the dissolution of the district by a municipality. |
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SECTION 2. Harris County Improvement District No. 25 |
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initially includes all territory contained in the following area: |
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TRACT 1 - 88.03 ACRES |
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FIELD NOTES of a 88.03 of an acre tract of land situated in |
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the H.T. & B. R.R. Survey, Block 3, Sec. 9, Abstract No. 421, the |
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H.T. & B. R.R. Survey, Block 3, Sec. 7, Abstract No. 903 the C. |
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Collis Survey, Abstract No. 1330, and the G. Lolley Survey, |
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Abstract No. 1410 Harris County, Texas; said 88.03 of an acre tract |
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of land being out of and a part of Restricted Reserve "A" of the |
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Westside Mall, Sec. 2 and recorded at Film Code No. (F.C. No.) |
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602144 of the Harris County Map Records (H.C.M.R.); said 88.03 of an |
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acre tract of land being more particularly described by metes and |
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bounds as follows: |
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NOTE: All bearings are Lambert Grid bearings and all |
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coordinates refer to the Texas State Plane Coordinate System, South |
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Central Zone (#4204), as defined by article 21.071 of the Natural |
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Resources Code of the State of Texas, 1983 Datum (2001 adjustment). |
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All distances are actual distances. Scale factor = 0.99989325287. |
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BEGINNING at a found 5/8" iron rod with cap stamped "E.H.R.A. |
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713-784-4500" for the Southeast intersection of Partnership Way |
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(80' right-of-way) and Grand Circle Boulevard (80' right-of-way) as |
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recorded at F.C. No. 446143 of the H.C.M.R. |
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THENCE N 30°52'03" W with the common West line of said |
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Restricted Reserve "A" and across said Grand Circle Boulevard a |
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distance of 80.00 feet to a set 5/8" iron rod with cap stamped |
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"E.H.R.A. 713-784-4500" for the Northwest corner of this tract of |
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land and being in the North right-of-way line of the proposed Grand |
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Circle Boulevard (80' right-of-way). |
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THENCE N 59°07'57" E with the common North right-of-way line |
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of said Grand Circle Boulevard and the North line of this tract of |
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land a distance of 22.95 feet to a set 5/8" iron rod with cap stamped |
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"E.H.R.A. 713-784-4500" for the beginning of a curve to the right. |
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THENCE in a Northeasterly direction with the common North |
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right-of-way line of said Grand Circle Boulevard, the North line of |
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this tract of land and said curve to the right having a central |
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angle of 42°04'54", a radius of 340.00 feet, a length of 249.72 feet, |
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and a chord bearing and distance of N 80°10'24" E, 244.14 feet to a |
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set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the |
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end of this curve. |
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THENCE S 78°47'08" E with the common North right-of-way line |
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of said Grand Circle Boulevard and the North line of this tract of |
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land a distance of 183.98 feet to a set 5/8" iron rod with cap |
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stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the |
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left. |
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THENCE in a Southeasterly direction with the common North |
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right-of-way line of said Grand Circle Boulevard, the North line of |
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this tract of land and said curve to the left having a central angle |
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of 12°30'52", a radius of 260.00 feet, a length of 56.79 feet, and a |
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chord bearing and distance of S 85°02'35" E, 56.68 feet to a set 5/8" |
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iron rod with cap stamped "E.H.R.A. 713-784-4500" for the end of |
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this curve. |
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THENCE N 88°42'07" E with the common North right-of-way line |
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of said Grand Circle Boulevard and the North line of this tract of |
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land a distance of 522.00 feet to a set 5/8" iron rod with cap |
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stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the |
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right. |
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THENCE in a Southeasterly direction with the common North |
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right-of-way line of said Grand Circle Boulevard, the North line of |
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this tract of land and said curve to the right having a central |
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angle of 24°56'38", a radius of 340.00 feet, a length of 147.82 feet |
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and a chord bearing and distance of S 78°50'34" E, 146.66 feet to a |
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set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the |
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beginning of a reverse curve to the left. |
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THENCE in a Northeasterly direction with the common North |
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right-of-way line of said Grand Circle Boulevard, the North line of |
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this tract of land and said reverse curve to the left having a |
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central angle of 92°17'27", a radius of 25.00 feet, a length of 40.27 |
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feet and a chord bearing and distance of N 67°28'02" E, 36.05 feet to |
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a set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the |
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Northeast corner of this tract of land and the end of said reverse |
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curve to the left; said point being the Southwest intersection of |
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Westside Way (80' right-of-way) as recorded at F.C. No. 602144 of |
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the H.C.M.R. and said Grand Circle Boulevard. |
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THENCE S 21°19'19" W with the Northeast line of this tract of |
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land a distance of 5.27 feet to a set 5/8" iron rod with cap stamped |
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"E.H.R.A. 713-784-4500" for the beginning of a curve to the left. |
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THENCE in a Southeasterly direction with the common |
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Southwesterly right-of-way line of said Grand Circle Boulevard, the |
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Easterly line of this tract of land and said curve to the left |
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having a central angle of 87°40'44", a radius of 105.00 feet, a |
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length of 160.68 feet and a chord bearing and distance of S 22°31'03" |
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E, 145.45 feet to a found 5/8" iron rod with cap stamped "E.H.R.A. |
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713-784-4500" for the beginning of a reverse curve to the right. |
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THENCE in a Southeasterly direction with the Southwesterly |
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right-of-way line of said Grand Circle Boulevard, the Easterly line |
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of this tract of land and said reverse curve to the right having a |
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central angle of 09°46'53", a radius of 1500.00 feet, a length of |
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256.08 feet and a chord bearing and distance of S 61°27'59" E, 255.77 |
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feet to a found 5/8" iron rod with cap stamped "E.H.R.A. |
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713-784-4500" for the end of this reverse curve. |
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THENCE S 56°34'32" E with the Southwesterly right-of-way line |
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of said Grand Circle Boulevard and the Easterly line of this tract |
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of land a distance of 187.17 feet to a found 5/8" iron rod with cap |
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stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the |
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right. |
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THENCE in a Southeasterly direction with the Southwesterly |
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right-of-way line of said Grand Circle Boulevard, the Easterly line |
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of this tract of land and said curve to the right having a central |
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angle of 13°05'36", a radius of 570.00 feet, a length of 130.26 feet |
|
and a chord bearing and distance of S 50°01'44" E, 129.98 feet to a |
|
found 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for |
|
the beginning of a compound curve to the right. |
|
THENCE in a Southeasterly direction with the Westerly |
|
right-of-way line of said Grand Circle Boulevard, the Easterly line |
|
of this tract of land and said compound curve to the right having a |
|
central angle of 42°11'03", a radius of 470.00 feet, a length of |
|
346.04 feet and a chord bearing and distance of S 22°23'24" E, 338.28 |
|
feet to a found 5/8" iron rod with cap stamped "E.H.R.A. |
|
713-784-4500" for the end of this compound curve. |
|
THENCE S 01°17'53" E with the Westerly right-of-way line of |
|
said Grand Circle Boulevard and the Easterly line of this tract of |
|
land a distance of 468.93 feet to a set 5/8" iron rod with cap |
|
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the |
|
right. |
|
THENCE in a Southerly direction with the common West |
|
right-of-way line of said Grand Circle Boulevard, the East line of |
|
this tract of land and said curve to the right having a central |
|
angle of 06°21'59", a radius of 220.00 feet, a length of 24.45 feet |
|
and a chord bearing and distance of S 01°53'07" W, 24.43 feet to a |
|
found 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for |
|
the beginning of a compound curve to the right. |
|
THENCE in a Southwesterly direction with the common |
|
Northwesterly right-of-way line of said Grand Circle Boulevard, the |
|
Southeast line of this tract of land and said compound curve to the |
|
right having a central angle of 34°12'51", a radius of 520.00 feet, a |
|
length of 310.52 feet and a chord bearing and distance of S 22°10'32" |
|
W, 305.92 feet to a 5/8" iron rod with cap stamped "E.H.R.A. |
|
713-784-4500" for the beginning of a compound curve to the right. |
|
THENCE in a Southwesterly direction with the common |
|
Northwesterly right-of-way line of said Grand Circle Boulevard, the |
|
Southeast line of this tract of land and said compound curve to the |
|
right having a central angle of 11°59'44", a radius of 620.00 feet, a |
|
length of 129.81 feet and a chord bearing and distance of S 45°16'49" |
|
W, 129.57 feet to a found 5/8" iron rod with cap stamped "E.H.R.A. |
|
713-784-4500" for the end of this curve. |
|
THENCE S 51°16'41" W with the Northwesterly right-of-way line |
|
of said Grand Circle Boulevard and the Southwest line of this tract |
|
of land a distance of 165.06 feet to a found 5/8" iron rod with cap |
|
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the |
|
right. |
|
THENCE in a Southwesterly direction with the common Northwest |
|
right-of-way line of said Grand Circle Boulevard, the Southeast |
|
line of this tract of land and said curve to the right having a |
|
central angle of 11°31'39", a radius of 525.00 feet, a length of |
|
105.63 feet and a chord bearing and distance of S 57°02'31" W, 105.45 |
|
feet to a found 5/8" iron rod with cap stamped "E.H.R.A. |
|
713-784-4500" for the end of this curve. |
|
THENCE S 62°48'20" W with the common Northwesterly |
|
right-of-way line of said Grand Circle Boulevard and the Southeast |
|
line of this tract of land a distance of 122.10 feet to a found 5/8" |
|
iron rod with cap stamped "E.H.R.A. 713-784-4500" for the beginning |
|
of a curve to the right. |
|
THENCE in a Southwesterly direction with the common |
|
Northwesterly right-of-way line of said Grand Circle Boulevard, the |
|
Southeast line of this tract of land and said curve to the right |
|
having a central angle of 21°56'19", a radius of 720.00 feet, a |
|
length of 275.69 feet and a chord bearing and distance of S 73°46'30" |
|
W, 274.01 feet to a found 5/8" iron rod with cap stamped "E.H.R.A. |
|
713-784-4500" for the beginning of a compound curve to the right. |
|
THENCE in a Southwesterly direction with the common |
|
Northwesterly right-of-way line of said Grand Circle Boulevard, the |
|
Southeast line of this tract of land and said compound curve to the |
|
right having a central angle of 04°27'02", a radius of 3949.99 feet, |
|
a length of 306.83 feet and a chord bearing and distance of S |
|
86°58'11" W, 306.75 feet to a 5/8" iron rod with cap stamped |
|
"E.H.R.A. 713-784-4500" found for the beginning of a compound curve |
|
to the right. |
|
THENCE in a Southwesterly direction with the common |
|
Northeasterly right-of-way line of said Grand Circle Boulevard, the |
|
Southwest line of this tract of land and said compound curve to the |
|
right having a central angle of 11°38'51", a radius of 2937.00 feet, |
|
a length of 597.06 feet and a chord bearing and distance of N |
|
84°58'53" W, 596.03 feet to a found 5/8" iron rod with cap stamped |
|
"E.H.R.A. 713-784-4500" for the beginning of a compound curve to |
|
the right. |
|
THENCE in a Northwesterly direction with the common |
|
Northeasterly right-of-way line of said Grand Circle Boulevard, the |
|
Southwest line of this tract of land and said compound curve to the |
|
right having a central angle of 33°55'34", a radius of 800.00 feet, a |
|
length of 473.70 feet and a chord bearing and distance of N 62°11'40" |
|
W, 466.81 feet to a found 5/8" iron rod with cap stamped "E.H.R.A. |
|
713-784-4500" for the end of this compound curve. |
|
THENCE N 45°13'53" W with the Northeasterly right-of-way line |
|
of said Grand Circle Boulevard and the Southwest line of this tract |
|
of land a distance of 1.49 feet to a found 5/8" iron rod with cap |
|
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the |
|
right. |
|
THENCE in a Northwesterly direction with the Westerly line of |
|
this tract of land, the Easterly right-of-way of said Grand Circle |
|
Boulevard and said curve to the right having a central angle of |
|
42°18'57", a radius of 790.00 feet, a length of 583.46 feet and a |
|
chord bearing and distance of N 24°04'24" W, 570.29 feet to a found |
|
5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the end |
|
of this curve. |
|
THENCE N 02°54'56" W with the Westerly line of this tract of |
|
land and the Easterly right-of-way of said Grand Circle Boulevard a |
|
distance of 65.71 feet to a found 5/8" iron rod with cap stamped |
|
"E.H.R.A. 713-784-4500" for the beginning of a curve to the right. |
|
THENCE in a Northeasterly direction with the Westerly line of |
|
this tract of land, the Easterly right-of-way of said Grand Circle |
|
Boulevard and said curve to the right having a central angle of |
|
19°44'56", a radius of 1260.00 feet, a length of 434.30 feet and a |
|
chord bearing and distance of N 06°57'32" E, 432.15 feet to a found |
|
5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the |
|
beginning of a compound curve to the right. |
|
THENCE in a Northeasterly direction with the Northwesterly |
|
line of this tract of land, the Southeasterly right-of-way of said |
|
Grand Circle Boulevard and said compound curve to the right having a |
|
central angle of 30°41'24", a radius of 940.00 feet, a length of |
|
503.50 feet and a chord bearing and distance of N 32°10'42" E, 497.51 |
|
feet to a found 5/8" iron rod with cap stamped "E.H.R.A. |
|
713-784-4500" for the end of this compound curve. |
|
THENCE N 47°31'24" E with the Northwesterly line of this tract |
|
of land and the Southeasterly right-of-way of said Grand Circle |
|
Boulevard a distance of 16.25 feet to a found 5/8" iron rod with cap |
|
stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the |
|
right. |
|
THENCE in a Northeasterly direction with the Northwesterly |
|
line of this tract of land, the Southeasterly right-of-way of said |
|
Grand Circle Boulevard and said curve to the right having a central |
|
angle of 11°36'33", a radius of 1165.00 feet, a length of 236.05 feet |
|
and a chord bearing and distance of N 53°19'41" E, 235.65 feet to the |
|
PLACE OF BEGINNING; containing within said boundaries a calculated |
|
area of 88.03 (3,834,413 sq.ft.) of an acre of land. |
|
TRACT 2 - 15.59 ACRES |
|
Being all of Restricted Reserve A of Westside Mall, Section |
|
1, Partial Replat No. 1 according to the map or plat thereof as |
|
recorded at Film Code No. 675479 of the Map Records of Harris |
|
County, Texas. |
|
TRACT 3 - 4.09 ACRES |
|
FIELD NOTES of a 4.09 acre tract of land situated in the H.T. & |
|
B. RR Co. Survey, Abstract No. 421, Harris County, Texas; said |
|
4.09 acre tract of land being out of and a part of Restricted |
|
Reserve A according to the map or plat thereof as recorded at Film |
|
Code No. 462117 of the Map Records of Harris County, Texas; said |
|
4.09 acre tract of land being more particularly described by metes |
|
and bounds as follows: |
|
NOTE: All bearings are Lambert grid bearings and all |
|
coordinates refer to the Texas State Plane Coordinate System, South |
|
Central Zone (#4202), as defined by article 21.071 of the Natural |
|
Resources Code of the State of Texas, 1983 Datum (2001 adjustment). |
|
All distance are actual distances. Scale factor = 0.99989325287. |
|
BEGINNING at a found 1/2 inch iron rod with cap stamped "Bury & |
|
Partners" for the Northwest corner of this tract of land, the same |
|
being the Southwest corner of a called 7.0279 acre tract of land |
|
conveyed to J.C. Penney Properties, Inc. as recorded at County |
|
Clerk's File No. Y870027 of the Official Public Records of Real |
|
Property of Harris County, Texas; said point being in the East |
|
right-of-way line of State Highway 99 (aka Grand Parkway, R.O.W. |
|
varies) as recorded at County Clerk's File No. M125086 of the |
|
Official Public Records of Real Property of Harris County, Texas. |
|
THENCE N 88°19'00" E with the North line of this tract of land |
|
and the South line of J.C. Penney tract of land a distance of 271.10 |
|
feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A. |
|
713-784-4500", an angle point of said J.C. Penney tract of land. |
|
THENCE S 01°40'57" E with the North line of this tract of land |
|
and the South line of said J.C. Penney tract of land a distance of |
|
8.00 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A. |
|
713-784-4500", an angle point of said J.C. Penney tract of land. |
|
THENCE N 88°19'03" E with the North line of this tract of land |
|
and the South line of said J.C. Penney tract of land a distance of |
|
76.25 feet to a found mag nail with shiner stamped "Bury & Partners" |
|
for an angle point of this tract of land and an angle point of a |
|
tract of land called 4.996 acres as conveyed to Parkside NEC Grand |
|
Parkway as recorded at County Clerk's File No. 20140006523 of the |
|
Official Public Records of Real Property of Harris County, Texas. |
|
THENCE N 02°40'57" W with the North line of this tract of land |
|
and an interior line of said Parkside NEC tract of land a distance |
|
of 8.00 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A. |
|
713-784-4500", an angle point of said Parkside NEC tract of land; |
|
said point being in the South line of said J.C. Penney tract of |
|
land. |
|
THENCE N 88°19'03" E with the North line of this tract of land |
|
and the South line of said J.C. Penney tract of land a distance of |
|
73.89 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A. |
|
713-784-4500", an angle point of said J.C. Penney tract of land. |
|
THENCE S 01°40'57" E with an interior line of this tract of |
|
land and the most Westerly East line of said J.C. Penney tract of |
|
land a distance of 115.00 feet to a found mag nail with shiner |
|
stamped "Bury & Partners" for an interior corner of this tract of |
|
land and an angle point of said J.C. Penney tract of land. |
|
THENCE N 88°19'03" E with the North line of this tract of land |
|
and the South line of said J.C. Penney tract of land a distance of |
|
305.86 feet to a found mag nail with shiner stamped "Bury & |
|
Partners" for the most Easterly Northeast corner of this tract of |
|
land and the Southeast corner of said J.C. Penney tract of land; |
|
said point being in the West right-of-way line of Grand Circle |
|
Boulevard (80' R.O.W.) as recorded at Film Code No. 446143 of the |
|
Map Records of Harris County, Texas, and the beginning of a |
|
non-tangent curve to the left, concave Easterly. |
|
THENCE in a Southerly direction with the East line of this |
|
tract of land, the West right-of-way line of said Grand Circle |
|
Boulevard and said non-tangent curve to the left having a central |
|
angle of 00°41'26", a radius of 1340.00 feet, a length of 16.15 feet |
|
and a chord bearing and distance of S 06°05'18" W, 16.15 feet to a |
|
found 3/4 inch iron rod with cap stamped "E.H.R.A. 713-784-4500" |
|
for the most Easterly Southeast corner of this tract of land and |
|
also being the Northeast corner of a called 1.5000 acre tract of |
|
land conveyed to Cowboy Red-Katy, Ltd. as recorded at County |
|
Clerk's File No. 20090003573 of the Official Public Records of Real |
|
Property of Harris County, Texas. |
|
THENCE S 88°19'03" W with the most Easterly South line of this |
|
tract of land and the North line of said Cowboy Red-Katy tract of |
|
land a distance of 226.15 feet to a found 'X' for an angle point of |
|
this tract of land and also being the Northwest corner of said |
|
Cowboy Red-Katy tract of land. |
|
THENCE S 01°40'57" E with the East line of this tract of land |
|
and the West line of said Cowboy Red-Katy tract of land a distance |
|
of 197.16 feet to a found 5/8 inch iron rod with cap stamped |
|
"E.H.R.A. 713-784-4500" for the Easterly Southeast corner of this |
|
tract of land. |
|
THENCE S 88°20'27" W, a distance of 243.49 feet to a found 5/8 |
|
inch iron rod with cap stamped "E.H.R.A. 713-784-4500" for an |
|
internal corner of the herein described tract. |
|
THENCE S 01°41'03" E, a distance of 135.45 feet to a found 5/8 |
|
inch iron rod with cap stamped "E.H.R.A. 713-784-4500" for the |
|
point of curvature to the left. |
|
THENCE in a southerly direction with said curve to the left |
|
having a central angle of 21°52'28", a radius of 212.00 feet, a |
|
length of 80.94 feet and a chord bearing and distance of S 12°37'17" |
|
E, 80.45 feet to a found 5/8 inch iron rod with cap stamped |
|
"E.H.R.A. 713-784-4500", being the beginning of a non-tangent curve |
|
to the left, concave Southeasterly; said point being in the South |
|
line of said Reserve A and also being in the North right-of-way line |
|
of Mercantile Parkway (R.O.W. varies) as recorded at Film Code |
|
No. 446143 of the Map Records of Harris County, Texas. |
|
THENCE in a Southwesterly with the South line of this tract of |
|
land, the South line of said Reserve A, the North right-of-way line |
|
of said Mercantile Parkway and said curve to the right having a |
|
central angle of 09°15'11", a radius of 500.00 feet, a length of |
|
80.75 feet and a chord bearing and distance of S 67°14'17" W, 80.66 |
|
feet to the most Southerly Southwest corner of this tract of land |
|
and also being the Southeast corner of a called 1.459 acre tract of |
|
land conveyed to Levine Investments Limited Partnership as recorded |
|
at County Clerk's File No. 20080241652 of the Official Public |
|
Records of Real Property of Harris County, Texas; from this point a |
|
found 3/4 inch iron rod with cap stamped "Pate Surveyors" bears S |
|
58°23'35" W a distance of 0.21 feet. |
|
THENCE N 01°41'03" W with an interior line of this tract of |
|
land and the East line of said Levine Investments tract of land a |
|
distance of 243.47 feet to a found "X" for an angle point of this |
|
tract of land and also being the Northeast corner of said Levine |
|
Investments tract of land. |
|
THENCE S 88°20'27" W with the South line of this tract of and |
|
the North line of said Levine Investments tract of land a distance |
|
of 232.73 feet to a found 3/4 inch iron rod with cap stamped "Pate |
|
Surveyors" for the most Westerly Southwest corner of this tract of |
|
land, the Northwest corner of said Levine Investments tract of land |
|
and also being in the East right-of-way line of said State Highway |
|
99. |
|
THENCE N 04°51'27" E with the West line of this tract of land |
|
and the East right-of-way line of said State Highway 99 a distance |
|
of 330.09 feet to the PLACE OF BEGINNING; containing within said |
|
boundaries a calculated area of 4.09 acres (178,296 sq.ft.) of |
|
land. |
|
TRACT 4 - 1.78 ACRES |
|
Being all of Unrestricted Reserve D in Block 3 of Westside |
|
Mall, Section One according to the map or plat thereof as recorded |
|
at Film Code No. 462117 of the Map Records of Harris County, Texas. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4321 was passed by the House on May |
|
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4321 was passed by the Senate on May |
|
24, 2017, by the following vote: Yeas 30, Nays 1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |