81R26674 SJM-F
By: Edwards H.B. No. 4777
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Improvement District
No. 12; providing authority to impose an assessment, impose a tax,
and issue bonds.
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 3880 to read as follows:
CHAPTER 3880. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 12
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3880.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Harris County Improvement
District No. 12.
Sec. 3880.002. NATURE OF DISTRICT. The Harris County
Improvement District No. 12 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3880.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Houston, Harris County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the City of Houston or Harris County from
providing the level of services provided, as of the effective date
of the Act enacting this chapter, to the area in the district. The
district is created to supplement and not to supplant the city and
county services provided in the area in the district.
Sec. 3880.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand 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. 3880.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3880.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
Sec. 3880.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3880.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3880.009-3880.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3880.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven voting directors who serve staggered
terms of four years, with three or four 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, but 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 15 voting directors.
Sec. 3880.052. APPOINTMENT OF DIRECTORS. The mayor and
members of the governing body of the City of Houston shall appoint
voting directors from persons recommended by the board. A person is
appointed if a majority of the members of the governing body,
including the mayor, vote to appoint the person.
Sec. 3880.053. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director
1 Randy Robertson
2 Steve Helm
3 Stewart Masterson
4 Kyle Sears
5 Lisa Stone
6 Brandon Dudley
7 Billy Briscoe
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 4 expire June 1, 2011, and the
terms of directors appointed for positions 5 through 7 expire June
1, 2013.
(c) Section 3880.052 does not apply to this section.
(d) This section expires September 1, 2014.
Sec. 3880.054. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3880.055. 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. 3880.056. 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.
[Sections 3880.057-3880.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3880.101. DEVELOPMENT CORPORATION POWERS. The
district may exercise the powers given to a development corporation
under Chapter 505, Local Government Code, including the power to
own, operate, acquire, construct, lease, improve, or maintain a
project described by that chapter.
Sec. 3880.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code, except that a board member is not required to
reside in the district.
Sec. 3880.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3880.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
SERVICES. To protect the public interest, the district may
contract with a qualified person, including Harris County or the
City of Houston, for the provision of law enforcement services in
the district for a fee.
Sec. 3880.105. APPROVAL BY THE CITY OF HOUSTON. (a) Except
as provided by Subsection (c), the district must obtain the
approval of the City of Houston for:
(1) the issuance of bonds; and
(2) the plans and specifications of an improvement
project related to the use of land owned by the city, an easement
granted by the city, or a right-of-way of a street, road, or
highway.
(b) The governing body of the City of Houston must provide
the approval required by Subsection (a)(1) by adoption of a
resolution or ordinance of the governing body of the City of
Houston. The approval required by Subsection (a)(2) may be
provided by an administrative process that does not involve the
city's governing body.
(c) If the district obtains the approval of the governing
body of the City of Houston of a capital improvements budget for a
period not to exceed 10 years, the district may finance the capital
improvements and issue bonds specified in the budget without
further approval from the city.
Sec. 3880.106. 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. 3880.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) 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.
(b) The district has all of the powers of a municipality
under Chapter 380, Local Government Code.
Sec. 3880.108. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
Sec. 3880.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
[Sections 3880.110-3880.150 reserved for expansion]
SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PUBLIC PARKING FACILITIES
Sec. 3880.151. PUBLIC TRANSIT SYSTEM. The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain a public transit system to serve the area in
the district.
Sec. 3880.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY. (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:
(1) lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets; and
(2) equipment, entrances, exits, fencing, and other
accessories necessary for safety and convenience in parking
vehicles.
(b) A parking facility of the district may be leased to or
operated on behalf of the district by an entity other than the
district.
(c) The district's parking facilities are a program
authorized by the legislature under Section 52-a, Article III,
Texas Constitution.
(d) 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.
Sec. 3880.153. RULES. The district may adopt rules
governing the district's public parking facilities.
Sec. 3880.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR PUBLIC
PARKING FACILITIES. (a) The district may use any of its resources,
including revenue, assessments, taxes, or grant or contract
proceeds, to pay the cost of acquiring or operating a public transit
system or public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or
tolls for the use of the district's public transit system or public
parking facilities; and
(2) issue bonds or notes to finance the cost of the
district's public transit system or public parking facilities.
[Sections 3880.155-3880.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 3880.201. 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 the district's money.
Sec. 3880.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3880.203. 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 Harris County.
Sec. 3880.204. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 3880.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3880.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
Sec. 3880.207. RESIDENTIAL PROPERTY. Section 375.161,
Local Government Code, does not apply to a tax imposed by the
district or a requirement for payment of a service provided by the
district.
Sec. 3880.208. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section 3880.212,
the district may impose an annual operation and maintenance tax on
taxable property in the district in accordance with Section 49.107,
Water Code, for any district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3880.209. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3880.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS. (a) The district may borrow money on terms and conditions
as determined by the board. Section 375.205, Local Government
Code, does not apply to a loan, line of credit, or other borrowing
from a bank or financial institution secured by revenue other than
ad valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3880.211. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 3880.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3880.209.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of district bonds may
be included in one single proposition to be voted on at the election
or the bonds may be submitted in several propositions.
Sec. 3880.213. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the City of Houston is not required to pay a bond,
note, or other obligation of the district.
Sec. 3880.214. COMPETITIVE BIDDING. Subchapter I, Chapter
49, Water Code, applies to the district. Sections 375.221 and
375.223, Local Government Code, do not apply to the district.
Sec. 3880.215. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner authorized by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
[Sections 3880.216-3880.250 reserved for expansion]
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3880.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3880.252. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the area defined or property designated under
Section 3880.251, the board must call and hold an election as
provided by Section 3880.212 only in the defined area or in the
boundaries of the designated property.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3880.253. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and by order shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 3880.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described by Section 3880.253,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3880.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
Section 3880.253 is adopted, the district may issue bonds to
provide for any land, improvements, facilities, plants, equipment,
and appliances for the defined area or designated property.
SECTION 2. The Harris County Improvement District No. 12
initially includes all territory contained in the following area:
Being a tract or parcel containing 254.065 gross acres of
land situated in the B.B.B. & C. Railroad Company Survey, Abstract
Number 179 and the B.B.B. & C. Railroad Company Survey, Abstract
Number 173, Harris County, Texas; Save and Except, 2.998 acres of
land, being Lots 10, 11 and 15 of the Cohen Subdivision recorded in
Volume 414, Page 560 Harris County Deed Records (H.C.D.R.); said
251.067 net acre tract being more particularly described as follows
(bearings are based on the record information contained in the deed
recorded under Harris County Clerk's File (H.C.C.F.) Number
W130111):
BEGINNING at a 5/8-inch iron rod with plastic cap stamped
"Terra Surveying" found in the south line of a called 5.54 acre
tract as recorded under H.C.C.F. Number F859575 and marking the
northwest corner of a called 0.9469 acre tract as recorded under
H.C.C.F. Number W130111, being in the west line of the Pye, Martyr
and Fox Subdivision as recorded in Volume 1, Page 120 of the Harris
County Map Records (H.C.M.R.) and marking the most northerly
northwest corner of the herein described tract, from which a found
1-1/2-inch iron pipe bears South 8624'29" West, 0.52 feet;
THENCE, North 8624'29" East, along the south line of said
called 5.54 acre tract and along the north line of said called
0.9469 acre tract, a distance of 14.70 feet to a 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" found in the south
right-of-way (R.O.W.) line of West Bellfort Boulevard (100-foot
wide R.O.W.), marking the most westerly corner of a called 0.22725
acre tract for West Bellfort Boulevard as recorded under H.C.C.F.
Numbers R065536 and S199160;
THENCE, Easterly, along the arc of a curve to the left and
along said south R.O.W. line of West Bellfort Boulevard, at an arc
distance of 270.49 feet passing a 5/8-inch iron rod found in the
northwesterly R.O.W. line of Old South Main Street (Not Open), at an
arc distance of 349.51 feet passing a 5/8-inch iron rod with plastic
cap stamped "Terra Surveying" found in the southeasterly R.O.W.
line of said Old South Main Street and a northwesterly corner of a
called 64.958 acre tract as recorded under H.C.C.F. Number W130111,
at an arc distance of 392.39 feet passing a 5/8-inch iron rod found
marking another corner of said called 64.958 acre tract and the
northwest corner of a called 2.536 acre tract as recorded under
H.C.C.F. Number W121644, at an arc distance of 773.26 feet passing a
5/8-inch iron rod with plastic cap stamped "Terra Surveying" found
marking the northeast corner of said called 2.536 acre tract and in
the west line of a called 2.32 acre tract as recorded under H.C.C.F.
Number W119371, at a distance of 1,057.47 feet passing the common
line of said called 2.32 acre tract and a called 0.4666 acre tract,
from which the common northerly corner of said 2.32 acres and said
0.4666 acres bears North 0300'42" West, 12.17 feet, continuing, in
all, a distance of 1,104.70 feet along the arc of said curve to the
left, having a radius of 2,050.00 feet, a central angle of 3052'32"
and a chord which bears North 8639'30" East, 1,091.38 feet to a
point in the south line of Lakes At 610, Section Two, a plat of
subdivision recorded in Volume 315, Page 13 H.C.M.R.;
THENCE, North 8648'53" East, along the south line of said
Section 2, a distance of 121.60 feet to a 1/2-inch iron rod found
marking the southwest corner of the Replat of Unrestricted Reserve
"E", Lakes At 610, Section Two as recorded in Volume 332, Page 137
H.C.M.R., marking the northwest corner of a called 2.018 acre tract
as recorded under H.C.C.F. Number Y294667 and marking the northeast
corner of Buffalo Speedway Extension, a plat of subdivision
recorded at Film Code Number 613118 H.C.M.R. for an angle point;
THENCE, Southerly, along the east R.O.W. line of said Buffalo
Speedway Extension and along the west line of said called 2.018 acre
tract, a distance of 212.68 feet along the arc of a curve to the
right, having a radius of 2,050 feet, a central angle of 0556'39"
and a chord which bears South 0013'09" East, 212.59 feet to the
southwest corner of said called 2.018 acre tract and to the
northwest corner of a called 4.289 acre tract as recorded under
H.C.C.F. Number Z116895;
THENCE, North 8656'34" East, along the common line of said
2.018 acre tract and said 4.289 acre tract, a distance of 420.52
feet to a point for the southeast corner of said called 2.018 acre
tract for an angle point;
THENCE, North 0311'14" West, continuing along the common
line of said 2.018 acre tract and said 4.289 acre tract, a distance
of 213.24 feet to a 5/8-inch iron found in the south line of the
aforesaid Replat of Unrestricted Reserve "E", Lakes At 610, Section
Two, said iron rod marking the northeast corner of said 2.018 acre
tract and the most northerly northwest corner of said 4.289 acre
tract;
THENCE, North 8656'34" East, along the common line of said
4.289 acre tract and the Replat of Unrestricted Reserve "E", at a
distance of 334.31 feet passing a 5/8-inch iron rod found marking
the northeast corner of said called 4.289 acre tract and the
northwest corner of a called 1.0005 acre tract as recorded under
H.C.C.F. Number W224269, continuing along the south line of said
Replat of Unrestricted Reserve "E", a distance of 466.34 feet to the
northeast corner of said 1.0005 acre tract and to the northwest
corner of Bedford Falls, a plat of subdivision recorded at Film Code
Number 561066 H.C.M.R. for the northeast corner of the herein
described tract;
THENCE, South 0301'40" East, along the west line of Bedford
Falls and along the east line of said called 1.0005 acre tract, a
called 1.0094 acre tract, a called 1.0057 acre tract and a called
1.0326 acre tract as recorded under H.C.C.F. Numbers W121643,
W119372 and W119373, a distance of 1,329.95 feet to a 3/4-inch iron
rod found in the north line of Lot 2, Block 3, Corrected Map of W.E.
Armstrong Subdivision of 100 Acres as recorded in Volume 173, Page
402 H.C.D.R., said iron rod marking the common southerly corner of
said Bedford Falls and said 1.0326 acre tract for an angle point;
THENCE, South 8630'14" West, along the south line of said
called 1.0326 acre tract and along the north line of said Corrected
Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 132.00
feet to a 3/4-inch pinch top pipe found in the east line of the
aforesaid called 64.958 acre tract, said iron rod marking the
southwest corner of said called 1.0326 acre tract and the northwest
corner of said Corrected Map of W.E. Armstrong Subdivision of 100
Acres for an angle point;
THENCE, South 0249'56" East, along the east line of said
called 64.958 acre tract and along the west line of said Corrected
Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 425.22
feet to a 5/8-inch iron rod with plastic cap stamped "Terra
Surveying" found marking the southeast corner of said called 64.958
acre tract and the northeast corner of Lot 27, Mrs. M.B. Martyr's
Subdivision of 26-2/3 Acres as recorded in Volume 1, Page 112
H.C.M.R. for an angle point;
THENCE, South 0256'01" East, along the east line of said Mrs.
M.B. Martyr's Subdivision and along the west line of said Corrected
Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 481.43
feet to a 5/8-inch iron rod with plastic cap stamped "Terra
Surveying" set marking the common east corner of Lot 20 and Lot 19
of Mrs. M.B. Martyr's Subdivision for an angle point;
THENCE, South 8651'22" West, along the common line of said
Lot 20 and Lot 19, a distance of 361.74 feet to a 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" set in the east line of a
16-foot wide Road as delineated by said Mrs. M.B. Martyr's
Subdivision and marking the common west corner of Lot 20 and Lot 19
of Mrs. M.B. Martyr's Subdivision for an angle point;
THENCE, North 0254'40" West, along the west line of said Lot
20 and along the east line of said 16-foot wide Road, a distance of
60.15 feet to an angle point;
THENCE, South 8648'23" West, crossing said 16-foot wide Road
and along the center of Lot 21 which divides the north half of Lot 21
from the south half of Lot 21 out of Mrs. M.B. Martyr's Subdivision,
a distance of 378.68 feet to a 5/8-inch iron rod found in the east
line of Lot 13 of the H.F. Cohen Subdivision as recorded in Volume
414, Page 560 H.C.D.R. and in the west line of said Mrs. M.B.
Martyr's Subdivision for an angle point;
THENCE, South 0256'14" East, along the east line of said H.F.
Cohen Subdivision and along the west line of said Mrs. M.B. Martyr's
Subdivision, a distance of 540.52 feet to a point for the common
west corner of Lot 13 and Lot 10 of said Mrs. M.B. Martyr's
Subdivision for an angle point;
THENCE, North 8654'43" East, along the common line of said
Lot 13 and Lot 10, a distance of 362.44 feet to a point in the west
line of the aforesaid 16-foot wide Road and to the common east
corner of said Lot 13 and Lot 10 for an angle point;
THENCE, South 0254'40" East, along the east line of Lot 10,
9, 6,5,2 and 1 of said Mrs. M.B. Martyr's Subdivision and along the
west line of said 16-foot wide Road, a distance of 609.03 feet to a
5/8-inch iron rod with plastic cap stamped "Terra Surveying" set in
the northerly line of the G.H. & S.A. Railroad (100-foot wide), said
iron rod marking the southeast corner of Lot 1 of said Mrs. M.B.
Martyr's Subdivision for the southeasterly corner of the herein
described tract;
THENCE, South 6914'45" West, parallel with and 50.00 feet
northerly of the centerline of the main line of said G.H. & S.A.
Railroad, at a distance of 380.40 feet passing a 5/8-inch iron rod
with plastic cap stamped "Terra Surveying" set marking the
southerly corner of said H.F. Cohen Subdivision and said Mrs. M.B.
Martyr's Subdivision, at a distance of 899.40 feet passing a
5/8-inch iron rod with plastic cap stamped "Terra Surveying" set
marking the common southerly corner of said H.F. Cohen Subdivision
and a called 32.750 acre tract as recorded under H.C.C.F. Numbers
W888894, W888895, W888896 and W888897, at a distance of 1,667.32
feet passing a 3/4-inch iron pipe found marking the common
southerly corner of said 32.750 acre tract and a called 78.8844 acre
tract as recorded under H.C.C.F. Numbers X866237 and X866239,
continuing, in all, a distance of 2,039.51 feet to a 3/4-inch iron
pipe found marking the southeast corner of a called 4.241 acre tract
as recorded under H.C.C.F. Number P622067 for an angle point;
THENCE, North 0306'21" West, along a line of said called
78.8844 acre tract and along the east line of said called 4.241 acre
tract, a distance of 409.00 feet to the northeast corner of said
4.241 acre tract for an angle point;
THENCE, South 8709'37" West, along the north line of said
called 4.241 acre tract, a distance of 116.89 feet to an angle
point;
THENCE, South 6702'11" West, continuing along the north line
of said called 4.241 acre tract, at a distance of 35.92 feet passing
a 5/8-inch iron rod found marking the southeast corner of a called
2.684 acre tract as recorded under H.C.C.F. Number Z063340,
continuing, in all, a distance of 119.13 feet to a 5/8-inch iron rod
found marking an angle point;
THENCE, South 6816'18" West, continuing along the north line
of said called 4.241 acre tract and along the south line of said
called 2.684 acre tract, a distance of 204.19 feet to a 5/8-inch
iron rod found in the east line of a called 13.946 acre tract as
recorded under H.C.C.F. Number Z063342, marking the southwest
corner of said called 2.684 acre tract and marking the northwest
corner of said called 4.241 acre tract for an angle point;
THENCE, South 0313'00" East, along the east line of said
13.946 acre tract and along the west line of said called 4.241 acre
tract, a distance of 438.47 feet to a 5/8-inch iron rod found in the
aforesaid northerly line of the G.H. & S.A. Railroad (width
varies), said iron rod marking the southwest corner of said 4.241
acre tract and the southeast corner of said called 13.946 acre tract
for an angle point;
THENCE, South 7111'27" West, along the south line of said
13.946 acre tract and along the northerly line of the G.H. & S.A.
Railroad, a distance of 49.24 feet to a 3/4-inch iron rod found
marking the southeast corner of that certain tract conveyed to the
City of Houston for Willowbend Boulevard (100-foot R.O.W.) as
recorded under H.C.C.F. Number D551516 for an angle point;
THENCE, South 7150'03" West, along the south line of said
City of Houston tract and along the northerly line of the G.H. &
S.A. Railroad, a distance of 52.36 feet to a 5/8-inch iron rod found
marking an angle point;
THENCE, South 7329'13" West, along the south line of said
City of Houston tract and along the northerly line of the G.H. &
S.A. Railroad, a distance of 53.69 feet to a 5/8-inch iron rod with
plastic cap stamped "Terra Surveying" set marking the southwest
corner of said City of Houston tract and the southeast corner of a
called 1.715 acre tract as recorded under H.C.C.F. Number Z063342
for an angle point;
THENCE, South 7331'49" West, along the south line of said
1.715 acre tract and along the northerly line of the G.H. & S.A.
Railroad, a distance of 302.97 feet to a point for the southwest
corner of said 1.715 acre tract and for the southeast corner of a
called 6.6173 acre tract as recorded under H.C.C.F. Numbers X866237
and X866239 for an angle point;
THENCE, South 7329'16" West, along the south line of said
6.6173 acre tract and along the northerly line of the G.H. & S.A.
Railroad, a distance of 403.39 feet to a 5/8-inch iron rod found
marking the southwest corner of said called 6.6173 acre tract and
the southeast corner of a called 19.4807 acre tract as recorded
under H.C.C.F. Number P948748 for the southwest corner of the
herein described tract;
THENCE, North 0256'42" West, along the common line of said
6.6173 acre tract and said 19.4807 acre tract, a distance of 946.14
feet to a 5/8-inch iron rod found in the southerly R.O.W. line of
Willowbend Boulevard (100-foot wide) as recorded under H.C.C.F.
Numbers D578468 and D501181, said iron rod marking the northwest
corner of said called 6.6173 acre tract and the northeast corner of
said called 19.4807 acre tract for an angle point;
THENCE, North 0258'47" West, crossing Willowbend Boulevard,
a distance of 120.22 feet to a 5/8-inch iron rod found in the
northerly R.O.W. line of said Willowbend Boulevard, marking the
southeast corner of Unrestricted Reserve "A" (7.9459 acres), R.
Hassell Properties, a plat of subdivision recorded at Film Code
Number 531140 H.C.M.R. and the southwesterly corner of the
aforesaid called 78.8844 acre tract for an angle point;
THENCE, North 0258'17" West, along the east line of said
Unrestricted Reserve "A" and along the west line of said 78.8844
acre tract, a distance of 1,468.17 feet to a point for the northeast
corner of said Unrestricted Reserve "A" and the northwest corner of
said called 78.8844 acre tract for the most westerly northwest
corner of the herein described tract;
THENCE, North 4548'01" East, along the north line of said
78.8844 acre tract, a distance of 689.16 feet to a 5/8-inch iron rod
found marking an angle point;
THENCE, North 4550'45" East, along the north line of said
78.8844 acre tract, a distance of 1,447.21 feet to a point in the
centerline of the aforesaid Old South Main Street (Not Open), and in
west line of the aforesaid Pye, Martyr and Fox Subdivision for an
angle point;
THENCE, North 0228'55" West, along the west line of said Pye,
Martyr and Fox Subdivision, a distance of 41.97 feet to a 6-inch by
6-inch concrete monument found flush with the ground, in the
northwesterly R.O.W. line of Old South Main Street and marking the
southeast corner of a called 19.3266 acre tract as recorded under
H.C.C.F. Number T152334 and marking the southwesterly corner of the
aforesaid called 0.9469 acre tract for an angle point;
THENCE, North 0305'39" West, along the west line of said Pye,
Martyr and Fox Subdivision, along the west line of said called
0.9469 acre tract and along the east line of said called 19.3266
acre tract, a distance of 297.83 feet to the POINT OF BEGINNING and
containing 254.065 gross acres of land. Save and Except 2.998 acres
of land, being Lots 10, 11 and 15 of the Cohen Subdivision recorded
in Volume 414, Page 560 Harris County Deed Records for a 251.067 net
acre tract.
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, 2009.