Texas 2009 - 81st Regular

Texas House Bill HB4777 Compare Versions

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1	1	H.B. No. 4777
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Harris County Improvement District
6	6	No. 12; providing authority to impose an assessment, impose a tax,
7	7	and issue bonds.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	10	Code, is amended by adding Chapter 3880 to read as follows:
11	11	CHAPTER 3880. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 12
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3880.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Harris County Improvement
17	17	District No. 12.
18	18	Sec. 3880.002. NATURE OF DISTRICT. The Harris County
19	19	Improvement District No. 12 is a special district created under
20	20	Section 59, Article XVI, Texas Constitution.
21	21	Sec. 3880.003. PURPOSE; DECLARATION OF INTENT. (a) The
22	22	creation of the district is essential to accomplish the purposes of
23	23	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
24	24	Texas Constitution, and other public purposes stated in this
25	25	chapter. By creating the district and in authorizing the City of
26	26	Houston, Harris County, and other political subdivisions to
27	27	contract with the district, the legislature has established a
28	28	program to accomplish the public purposes set out in Section 52-a,
29	29	Article III, Texas Constitution.
30	30	(b) The creation of the district is necessary to promote,
31	31	develop, encourage, and maintain employment, commerce,
32	32	transportation, housing, tourism, recreation, the arts,
33	33	entertainment, economic development, safety, and the public
34	34	welfare in the district.
35	35	(c) This chapter and the creation of the district may not be
36	36	interpreted to relieve the City of Houston or Harris County from
37	37	providing the level of services provided, as of the effective date
38	38	of the Act enacting this chapter, to the area in the district. The
39	39	district is created to supplement and not to supplant the city and
40	40	county services provided in the area in the district.
41	41	Sec. 3880.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
42	42	The district is created to serve a public use and benefit.
43	43	(b) All land and other property included in the district
44	44	will benefit from the improvements and services to be provided by
45	45	the district under powers conferred by Sections 52 and 52-a,
46	46	Article III, and Section 59, Article XVI, Texas Constitution, and
47	47	other powers granted under this chapter.
48	48	(c) The creation of the district is in the public interest
49	49	and is essential to:
50	50	(1) further the public purposes of developing and
51	51	diversifying the economy of the state;
52	52	(2) eliminate unemployment and underemployment; and
53	53	(3) develop or expand transportation and commerce.
54	54	(d) The district will:
55	55	(1) promote the health, safety, and general welfare of
56	56	residents, employers, potential employees, employees, visitors,
57	57	and consumers in the district, and of the public;
58	58	(2) provide needed funding for the district to
59	59	preserve, maintain, and enhance the economic health and vitality of
60	60	the district territory as a community and business center;
61	61	(3) promote the health, safety, welfare, and enjoyment
62	62	of the public by providing pedestrian ways and by landscaping and
63	63	developing certain areas in the district, which are necessary for
64	64	the restoration, preservation, and enhancement of scenic beauty;
65	65	and
66	66	(4) provide for water, wastewater, drainage, road,
67	67	and recreational facilities for the district.
68	68	(e) Pedestrian ways along or across a street, whether at
69	69	grade or above or below the surface, and street lighting, street
70	70	landscaping, parking, and street art objects are parts of and
71	71	necessary components of a street and are considered to be a street
72	72	or road improvement.
73	73	(f) The district will not act as the agent or
74	74	instrumentality of any private interest even though the district
75	75	will benefit many private interests as well as the public.
76	76	Sec. 3880.005. INITIAL DISTRICT TERRITORY. (a) The
77	77	district is initially composed of the territory described by
78	78	Section 2 of the Act enacting this chapter.
79	79	(b) The boundaries and field notes contained in Section 2 of
80	80	the Act enacting this chapter form a closure. A mistake in the
81	81	field notes or in copying the field notes in the legislative process
82	82	does not affect the district's:
83	83	(1) organization, existence, or validity;
84	84	(2) right to issue any type of bond for the purposes
85	85	for which the district is created or to pay the principal of and
86	86	interest on the bond;
87	87	(3) right to impose or collect an assessment or tax; or
88	88	(4) legality or operation.
89	89	Sec. 3880.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
90	90	All or any part of the area of the district is eligible to be
91	91	included in:
92	92	(1) a tax increment reinvestment zone created under
93	93	Chapter 311, Tax Code;
94	94	(2) a tax abatement reinvestment zone created under
95	95	Chapter 312, Tax Code; or
96	96	(3) an enterprise zone created under Chapter 2303,
97	97	Government Code.
98	98	Sec. 3880.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
99	99	DISTRICTS LAW. Except as otherwise provided by this chapter,
100	100	Chapter 375, Local Government Code, applies to the district.
101	101	Sec. 3880.008. LIBERAL CONSTRUCTION OF CHAPTER. This
102	102	chapter shall be liberally construed in conformity with the
103	103	findings and purposes stated in this chapter.
104	104	[Sections 3880.009-3880.050 reserved for expansion]
105	105	SUBCHAPTER B. BOARD OF DIRECTORS
106	106	Sec. 3880.051. GOVERNING BODY; TERMS. (a) The district is
107	107	governed by a board of seven voting directors who serve staggered
108	108	terms of four years, with three or four directors' terms expiring
109	109	June 1 of each odd-numbered year.
110	110	(b) The board by resolution may change the number of voting
111	111	directors on the board, but only if the board determines that the
112	112	change is in the best interest of the district. The board may not
113	113	consist of fewer than five or more than 15 voting directors.
114	114	Sec. 3880.052. APPOINTMENT OF DIRECTORS. The mayor and
115	115	members of the governing body of the City of Houston shall appoint
116	116	voting directors from persons recommended by the board. A person is
117	117	appointed if a majority of the members of the governing body,
118	118	including the mayor, vote to appoint the person.
119	119	Sec. 3880.053. INITIAL VOTING DIRECTORS. (a) The initial
120	120	board consists of the following voting directors:
121	121	Pos. No. Name of Director
122	122	1 Randy Robertson
123	123	2 Steve Helm
124	124	3 Stewart Masterson
125	125	4 Kyle Sears
126	126	5 Lisa Stone
127	127	6 Brandon Dudley
128	128	7 Billy Briscoe
129	129	(b) Of the initial directors, the terms of directors
130	130	appointed for positions 1 through 4 expire June 1, 2011, and the
131	131	terms of directors appointed for positions 5 through 7 expire June
132	132	1, 2013.
133	133	(c) Section 3880.052 does not apply to this section.
134	134	(d) This section expires September 1, 2014.
135	135	Sec. 3880.054. NONVOTING DIRECTORS. The board may appoint
136	136	nonvoting directors to serve at the pleasure of the voting
137	137	directors.
138	138	Sec. 3880.055. QUORUM. For purposes of determining the
139	139	requirements for a quorum of the board, the following are not
140	140	counted:
141	141	(1) a board position vacant for any reason, including
142	142	death, resignation, or disqualification;
143	143	(2) a director who is abstaining from participation in
144	144	a vote because of a conflict of interest; or
145	145	(3) a nonvoting director.
146	146	Sec. 3880.056. COMPENSATION. A director is entitled to
147	147	receive fees of office and reimbursement for actual expenses as
148	148	provided by Section 49.060, Water Code. Sections 375.069 and
149	149	375.070, Local Government Code, do not apply to the board.
150	150	[Sections 3880.057-3880.100 reserved for expansion]
151	151	SUBCHAPTER C. POWERS AND DUTIES
152	152	Sec. 3880.101. DEVELOPMENT CORPORATION POWERS. The
153	153	district may exercise the powers given to a development corporation
154	154	under Chapter 505, Local Government Code, including the power to
155	155	own, operate, acquire, construct, lease, improve, or maintain a
156	156	project described by that chapter.
157	157	Sec. 3880.102. NONPROFIT CORPORATION. (a) The board by
158	158	resolution may authorize the creation of a nonprofit corporation to
159	159	assist and act for the district in implementing a project or
160	160	providing a service authorized by this chapter.
161	161	(b) The nonprofit corporation:
162	162	(1) has each power of and is considered for purposes of
163	163	this chapter to be a local government corporation created under
164	164	Chapter 431, Transportation Code; and
165	165	(2) may implement any project and provide any service
166	166	authorized by this chapter.
167	167	(c) The board shall appoint the board of directors of the
168	168	nonprofit corporation. The board of directors of the nonprofit
169	169	corporation shall serve in the same manner as the board of directors
170	170	of a local government corporation created under Chapter 431,
171	171	Transportation Code, except that a board member is not required to
172	172	reside in the district.
173	173	Sec. 3880.103. AGREEMENTS; GRANTS. (a) The district may
174	174	make an agreement with or accept a gift, grant, or loan from any
175	175	person.
176	176	(b) The implementation of a project is a governmental
177	177	function or service for the purposes of Chapter 791, Government
178	178	Code.
179	179	Sec. 3880.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
180	180	SERVICES. To protect the public interest, the district may
181	181	contract with a qualified person, including Harris County or the
182	182	City of Houston, for the provision of law enforcement services in
183	183	the district for a fee.
184	184	Sec. 3880.105. APPROVAL BY THE CITY OF HOUSTON. (a) Except
185	185	as provided by Subsection (c), the district must obtain the
186	186	approval of the City of Houston for:
187	187	(1) the issuance of bonds; and
188	188	(2) the plans and specifications of an improvement
189	189	project related to the use of land owned by the city, an easement
190	190	granted by the city, or a right-of-way of a street, road, or
191	191	highway.
192	192	(b) The governing body of the City of Houston must provide
193	193	the approval required by Subsection (a)(1) by adoption of a
194	194	resolution or ordinance of the governing body of the City of
195	195	Houston. The approval required by Subsection (a)(2) may be
196	196	provided by an administrative process that does not involve the
197	197	city's governing body.
198	198	(c) If the district obtains the approval of the governing
199	199	body of the City of Houston of a capital improvements budget for a
200	200	period not to exceed 10 years, the district may finance the capital
201	201	improvements and issue bonds specified in the budget without
202	202	further approval from the city.
203	203	Sec. 3880.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
204	204	district may join and pay dues to a charitable or nonprofit
205	205	organization that performs a service or provides an activity
206	206	consistent with the furtherance of a district purpose.
207	207	Sec. 3880.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
208	208	district may establish and provide for the administration of one or
209	209	more programs to promote state or local economic development and to
210	210	stimulate business and commercial activity in the district,
211	211	including programs to:
212	212	(1) make loans and grants of public money; and
213	213	(2) provide district personnel and services.
214	214	(b) The district has all of the powers of a municipality
215	215	under Chapter 380, Local Government Code.
216	216	Sec. 3880.108. NO EMINENT DOMAIN. The district may not
217	217	exercise the power of eminent domain.
218	218	Sec. 3880.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
219	219	district may annex land as provided by Subchapter J, Chapter 49,
220	220	Water Code.
221	221	(b) The district may exclude land as provided by Subchapter
222	222	J, Chapter 49, Water Code. Section 375.044(b), Local Government
223	223	Code, does not apply to the district.
224	224	[Sections 3880.110-3880.150 reserved for expansion]
225	225	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PUBLIC PARKING FACILITIES
226	226	Sec. 3880.151. PUBLIC TRANSIT SYSTEM. The district may
227	227	acquire, lease as lessor or lessee, construct, develop, own,
228	228	operate, and maintain a public transit system to serve the area in
229	229	the district.
230	230	Sec. 3880.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
231	231	PRIVATE ENTITY. (a) The district may acquire, lease as lessor or
232	232	lessee, construct, develop, own, operate, and maintain parking
233	233	facilities or a system of parking facilities, including:
234	234	(1) lots, garages, parking terminals, or other
235	235	structures or accommodations for parking motor vehicles off the
236	236	streets; and
237	237	(2) equipment, entrances, exits, fencing, and other
238	238	accessories necessary for safety and convenience in parking
239	239	vehicles.
240	240	(b) A parking facility of the district may be leased to or
241	241	operated on behalf of the district by an entity other than the
242	242	district.
243	243	(c) The district's parking facilities are a program
244	244	authorized by the legislature under Section 52-a, Article III,
245	245	Texas Constitution.
246	246	(d) The district's parking facilities serve the public
247	247	purposes of the district and are owned, used, and held for a public
248	248	purpose even if leased or operated by a private entity for a term of
249	249	years.
250	250	Sec. 3880.153. RULES. The district may adopt rules
251	251	governing the district's public parking facilities.
252	252	Sec. 3880.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR PUBLIC
253	253	PARKING FACILITIES. (a) The district may use any of its resources,
254	254	including revenue, assessments, taxes, or grant or contract
255	255	proceeds, to pay the cost of acquiring or operating a public transit
256	256	system or public parking facilities.
257	257	(b) The district may:
258	258	(1) set, charge, impose, and collect fees, charges, or
259	259	tolls for the use of the district's public transit system or public
260	260	parking facilities; and
261	261	(2) issue bonds or notes to finance the cost of the
262	262	district's public transit system or public parking facilities.
263	263	[Sections 3880.155-3880.200 reserved for expansion]
264	264	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
265	265	Sec. 3880.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
266	266	board by resolution shall establish the number of directors'
267	267	signatures and the procedure required for a disbursement or
268	268	transfer of the district's money.
269	269	Sec. 3880.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
270	270	The district may acquire, construct, finance, operate, or maintain
271	271	any improvement or service authorized under this chapter or Chapter
272	272	375, Local Government Code, using any money available to the
273	273	district.
274	274	Sec. 3880.203. PETITION REQUIRED FOR FINANCING SERVICES AND
275	275	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
276	276	service or improvement project with assessments under this chapter
277	277	unless a written petition requesting that service or improvement
278	278	has been filed with the board.
279	279	(b) A petition filed under Subsection (a) must be signed by
280	280	the owners of a majority of the assessed value of real property in
281	281	the district subject to assessment according to the most recent
282	282	certified tax appraisal roll for Harris County.
283	283	Sec. 3880.204. METHOD OF NOTICE FOR HEARING. The district
284	284	may mail the notice required by Section 375.115(c), Local
285	285	Government Code, by certified or first class United States mail.
286	286	The board shall determine the method of notice.
287	287	Sec. 3880.205. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
288	288	The board by resolution may impose and collect an assessment for any
289	289	purpose authorized by this chapter in all or any part of the
290	290	district.
291	291	(b) An assessment, a reassessment, or an assessment
292	292	resulting from an addition to or correction of the assessment roll
293	293	by the district, penalties and interest on an assessment or
294	294	reassessment, an expense of collection, and reasonable attorney's
295	295	fees incurred by the district:
296	296	(1) are a first and prior lien against the property
297	297	assessed;
298	298	(2) are superior to any other lien or claim other than
299	299	a lien or claim for county, school district, or municipal ad valorem
300	300	taxes; and
301	301	(3) are the personal liability of and a charge against
302	302	the owners of the property even if the owners are not named in the
303	303	assessment proceedings.
304	304	(c) The lien is effective from the date of the board's
305	305	resolution imposing the assessment until the date the assessment is
306	306	paid. The board may enforce the lien in the same manner that the
307	307	board may enforce an ad valorem tax lien against real property.
308	308	(d) The board may make a correction to or deletion from the
309	309	assessment roll that does not increase the amount of assessment of
310	310	any parcel of land without providing notice and holding a hearing in
311	311	the manner required for additional assessments.
312	312	Sec. 3880.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
313	313	ASSESSMENTS. The district may not impose an impact fee or
314	314	assessment on the property, including the equipment,
315	315	rights-of-way, facilities, or improvements, of:
316	316	(1) an electric utility or a power generation company
317	317	as defined by Section 31.002, Utilities Code;
318	318	(2) a gas utility as defined by Section 101.003 or
319	319	121.001, Utilities Code;
320	320	(3) a telecommunications provider as defined by
321	321	Section 51.002, Utilities Code; or
322	322	(4) a person who provides to the public cable
323	323	television or advanced telecommunications services.
324	324	Sec. 3880.207. RESIDENTIAL PROPERTY. Section 375.161,
325	325	Local Government Code, does not apply to a tax imposed by the
326	326	district or a requirement for payment of a service provided by the
327	327	district.
328	328	Sec. 3880.208. OPERATION AND MAINTENANCE TAX. (a) If
329	329	authorized at an election held in accordance with Section 3880.212,
330	330	the district may impose an annual operation and maintenance tax on
331	331	taxable property in the district in accordance with Section 49.107,
332	332	Water Code, for any district purpose, including to:
333	333	(1) maintain and operate the district;
334	334	(2) construct or acquire improvements; or
335	335	(3) provide a service.
336	336	(b) The board shall determine the tax rate. The rate may not
337	337	exceed the rate approved at the election.
338	338	(c) Section 49.107(h), Water Code, does not apply to the
339	339	district.
340	340	Sec. 3880.209. CONTRACT TAXES. (a) In accordance with
341	341	Section 49.108, Water Code, the district may impose a tax other than
342	342	an operation and maintenance tax and use the revenue derived from
343	343	the tax to make payments under a contract after the provisions of
344	344	the contract have been approved by a majority of the district voters
345	345	voting at an election held for that purpose.
346	346	(b) A contract approved by the district voters may contain a
347	347	provision stating that the contract may be modified or amended by
348	348	the board without further voter approval.
349	349	Sec. 3880.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
350	350	BONDS. (a) The district may borrow money on terms and conditions
351	351	as determined by the board. Section 375.205, Local Government
352	352	Code, does not apply to a loan, line of credit, or other borrowing
353	353	from a bank or financial institution secured by revenue other than
354	354	ad valorem taxes.
355	355	(b) The district may issue bonds, notes, or other
356	356	obligations payable wholly or partly from ad valorem taxes,
357	357	assessments, impact fees, revenue, contract payments, grants, or
358	358	other district money, or any combination of those sources of money,
359	359	to pay for any authorized district purpose.
360	360	(c) The limitation on the outstanding principal amount of
361	361	bonds, notes, and other obligations provided by Section 49.4645,
362	362	Water Code, does not apply to the district.
363	363	Sec. 3880.211. TAXES FOR BONDS. At the time the district
364	364	issues bonds payable wholly or partly from ad valorem taxes, the
365	365	board shall provide for the annual imposition of a continuing
366	366	direct ad valorem tax, without limit as to rate or amount, while all
367	367	or part of the bonds are outstanding as required and in the manner
368	368	provided by Sections 54.601 and 54.602, Water Code.
369	369	Sec. 3880.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
370	370	The district may issue, without an election, bonds, notes, and
371	371	other obligations secured by:
372	372	(1) revenue other than ad valorem taxes; or
373	373	(2) contract payments described by Section 3880.209.
374	374	(b) The district must hold an election in the manner
375	375	provided by Subchapter L, Chapter 375, Local Government Code, to
376	376	obtain voter approval before the district may impose an ad valorem
377	377	tax or issue bonds payable from ad valorem taxes.
378	378	(c) Section 375.243, Local Government Code, does not apply
379	379	to the district.
380	380	(d) All or any part of any facilities or improvements that
381	381	may be acquired by a district by the issuance of district bonds may
382	382	be included in one single proposition to be voted on at the election
383	383	or the bonds may be submitted in several propositions.
384	384	Sec. 3880.213. CITY NOT REQUIRED TO PAY DISTRICT
385	385	OBLIGATIONS. Except as provided by Section 375.263, Local
386	386	Government Code, the City of Houston is not required to pay a bond,
387	387	note, or other obligation of the district.
388	388	Sec. 3880.214. COMPETITIVE BIDDING. Subchapter I, Chapter
389	389	49, Water Code, applies to the district. Sections 375.221 and
390	390	375.223, Local Government Code, do not apply to the district.
391	391	Sec. 3880.215. TAX AND ASSESSMENT ABATEMENTS. The district
392	392	may grant in the manner authorized by Chapter 312, Tax Code, an
393	393	abatement for a tax or assessment owed to the district.
394	394	[Sections 3880.216-3880.250 reserved for expansion]
395	395	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
396	396	PROPERTY
397	397	Sec. 3880.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
398	398	DESIGNATED PROPERTY. The district may define areas or designate
399	399	certain property of the district to pay for improvements,
400	400	facilities, or services that primarily benefit that area or
401	401	property and do not generally and directly benefit the district as a
402	402	whole.
403	403	Sec. 3880.252. PROCEDURE FOR ELECTION. (a) Before the
404	404	district may impose an ad valorem tax or issue bonds payable from ad
405	405	valorem taxes of the area defined or property designated under
406	406	Section 3880.251, the board must call and hold an election as
407	407	provided by Section 3880.212 only in the defined area or in the
408	408	boundaries of the designated property.
409	409	(b) The board may submit the proposition to the voters on
410	410	the same ballot to be used in another election.
411	411	Sec. 3880.253. DECLARING RESULT AND ISSUING ORDER. (a) If
412	412	a majority of the voters voting at the election approve the
413	413	proposition or propositions, the board shall declare the results
414	414	and by order shall establish the defined area and describe it by
415	415	metes and bounds or designate the specific property.
416	416	(b) A court may not review the board's order except on the
417	417	ground of fraud, palpable error, or arbitrary and confiscatory
418	418	abuse of discretion.
419	419	Sec. 3880.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
420	420	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
421	421	approval and adoption of the order described by Section 3880.253,
422	422	the district may apply separately, differently, equitably, and
423	423	specifically its taxing power and lien authority to the defined
424	424	area or designated property to provide money to construct,
425	425	administer, maintain, and operate services, improvements, and
426	426	facilities that primarily benefit the defined area or designated
427	427	property.
428	428	Sec. 3880.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
429	429	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
430	430	Section 3880.253 is adopted, the district may issue bonds to
431	431	provide for any land, improvements, facilities, plants, equipment,
432	432	and appliances for the defined area or designated property.
433	433	SECTION 2. The Harris County Improvement District No. 12
434	434	initially includes all territory contained in the following area:
435	435	Being a tract or parcel containing 254.065 gross acres of
436	436	land situated in the B.B.B. & C. Railroad Company Survey, Abstract
437	437	Number 179 and the B.B.B. & C. Railroad Company Survey, Abstract
438	438	Number 173, Harris County, Texas; Save and Except, 2.998 acres of
439	439	land, being Lots 10, 11 and 15 of the Cohen Subdivision recorded in
440	440	Volume 414, Page 560 Harris County Deed Records (H.C.D.R.); said
441	441	251.067 net acre tract being more particularly described as follows
442	442	(bearings are based on the record information contained in the deed
443	443	recorded under Harris County Clerk's File (H.C.C.F.) Number
444	444	W130111):
445	445	BEGINNING at a 5/8-inch iron rod with plastic cap stamped
446	446	"Terra Surveying" found in the south line of a called 5.54 acre
447	447	tract as recorded under H.C.C.F. Number F859575 and marking the
448	448	northwest corner of a called 0.9469 acre tract as recorded under
449	449	H.C.C.F. Number W130111, being in the west line of the Pye, Martyr
450	450	and Fox Subdivision as recorded in Volume 1, Page 120 of the Harris
451	451	County Map Records (H.C.M.R.) and marking the most northerly
452	452	northwest corner of the herein described tract, from which a found
453	453	1-1/2-inch iron pipe bears South 8624'29" West, 0.52 feet;
454	454	THENCE, North 8624'29" East, along the south line of said
455	455	called 5.54 acre tract and along the north line of said called
456	456	0.9469 acre tract, a distance of 14.70 feet to a 5/8-inch iron rod
457	457	with plastic cap stamped "Terra Surveying" found in the south
458	458	right-of-way (R.O.W.) line of West Bellfort Boulevard (100-foot
459	459	wide R.O.W.), marking the most westerly corner of a called 0.22725
460	460	acre tract for West Bellfort Boulevard as recorded under H.C.C.F.
461	461	Numbers R065536 and S199160;
462	462	THENCE, Easterly, along the arc of a curve to the left and
463	463	along said south R.O.W. line of West Bellfort Boulevard, at an arc
464	464	distance of 270.49 feet passing a 5/8-inch iron rod found in the
465	465	northwesterly R.O.W. line of Old South Main Street (Not Open), at an
466	466	arc distance of 349.51 feet passing a 5/8-inch iron rod with plastic
467	467	cap stamped "Terra Surveying" found in the southeasterly R.O.W.
468	468	line of said Old South Main Street and a northwesterly corner of a
469	469	called 64.958 acre tract as recorded under H.C.C.F. Number W130111,
470	470	at an arc distance of 392.39 feet passing a 5/8-inch iron rod found
471	471	marking another corner of said called 64.958 acre tract and the
472	472	northwest corner of a called 2.536 acre tract as recorded under
473	473	H.C.C.F. Number W121644, at an arc distance of 773.26 feet passing a
474	474	5/8-inch iron rod with plastic cap stamped "Terra Surveying" found
475	475	marking the northeast corner of said called 2.536 acre tract and in
476	476	the west line of a called 2.32 acre tract as recorded under H.C.C.F.
477	477	Number W119371, at a distance of 1,057.47 feet passing the common
478	478	line of said called 2.32 acre tract and a called 0.4666 acre tract,
479	479	from which the common northerly corner of said 2.32 acres and said
480	480	0.4666 acres bears North 0300'42" West, 12.17 feet, continuing, in
481	481	all, a distance of 1,104.70 feet along the arc of said curve to the
482	482	left, having a radius of 2,050.00 feet, a central angle of 3052'32"
483	483	and a chord which bears North 8639'30" East, 1,091.38 feet to a
484	484	point in the south line of Lakes At 610, Section Two, a plat of
485	485	subdivision recorded in Volume 315, Page 13 H.C.M.R.;
486	486	THENCE, North 8648'53" East, along the south line of said
487	487	Section 2, a distance of 121.60 feet to a 1/2-inch iron rod found
488	488	marking the southwest corner of the Replat of Unrestricted Reserve
489	489	"E", Lakes At 610, Section Two as recorded in Volume 332, Page 137
490	490	H.C.M.R., marking the northwest corner of a called 2.018 acre tract
491	491	as recorded under H.C.C.F. Number Y294667 and marking the northeast
492	492	corner of Buffalo Speedway Extension, a plat of subdivision
493	493	recorded at Film Code Number 613118 H.C.M.R. for an angle point;
494	494	THENCE, Southerly, along the east R.O.W. line of said Buffalo
495	495	Speedway Extension and along the west line of said called 2.018 acre
496	496	tract, a distance of 212.68 feet along the arc of a curve to the
497	497	right, having a radius of 2,050 feet, a central angle of 0556'39"
498	498	and a chord which bears South 0013'09" East, 212.59 feet to the
499	499	southwest corner of said called 2.018 acre tract and to the
500	500	northwest corner of a called 4.289 acre tract as recorded under
501	501	H.C.C.F. Number Z116895;
502	502	THENCE, North 8656'34" East, along the common line of said
503	503	2.018 acre tract and said 4.289 acre tract, a distance of 420.52
504	504	feet to a point for the southeast corner of said called 2.018 acre
505	505	tract for an angle point;
506	506	THENCE, North 0311'14" West, continuing along the common
507	507	line of said 2.018 acre tract and said 4.289 acre tract, a distance
508	508	of 213.24 feet to a 5/8-inch iron found in the south line of the
509	509	aforesaid Replat of Unrestricted Reserve "E", Lakes At 610, Section
510	510	Two, said iron rod marking the northeast corner of said 2.018 acre
511	511	tract and the most northerly northwest corner of said 4.289 acre
512	512	tract;
513	513	THENCE, North 8656'34" East, along the common line of said
514	514	4.289 acre tract and the Replat of Unrestricted Reserve "E", at a
515	515	distance of 334.31 feet passing a 5/8-inch iron rod found marking
516	516	the northeast corner of said called 4.289 acre tract and the
517	517	northwest corner of a called 1.0005 acre tract as recorded under
518	518	H.C.C.F. Number W224269, continuing along the south line of said
519	519	Replat of Unrestricted Reserve "E", a distance of 466.34 feet to the
520	520	northeast corner of said 1.0005 acre tract and to the northwest
521	521	corner of Bedford Falls, a plat of subdivision recorded at Film Code
522	522	Number 561066 H.C.M.R. for the northeast corner of the herein
523	523	described tract;
524	524	THENCE, South 0301'40" East, along the west line of Bedford
525	525	Falls and along the east line of said called 1.0005 acre tract, a
526	526	called 1.0094 acre tract, a called 1.0057 acre tract and a called
527	527	1.0326 acre tract as recorded under H.C.C.F. Numbers W121643,
528	528	W119372 and W119373, a distance of 1,329.95 feet to a 3/4-inch iron
529	529	rod found in the north line of Lot 2, Block 3, Corrected Map of W.E.
530	530	Armstrong Subdivision of 100 Acres as recorded in Volume 173, Page
531	531	402 H.C.D.R., said iron rod marking the common southerly corner of
532	532	said Bedford Falls and said 1.0326 acre tract for an angle point;
533	533	THENCE, South 8630'14" West, along the south line of said
534	534	called 1.0326 acre tract and along the north line of said Corrected
535	535	Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 132.00
536	536	feet to a 3/4-inch pinch top pipe found in the east line of the
537	537	aforesaid called 64.958 acre tract, said iron rod marking the
538	538	southwest corner of said called 1.0326 acre tract and the northwest
539	539	corner of said Corrected Map of W.E. Armstrong Subdivision of 100
540	540	Acres for an angle point;
541	541	THENCE, South 0249'56" East, along the east line of said
542	542	called 64.958 acre tract and along the west line of said Corrected
543	543	Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 425.22
544	544	feet to a 5/8-inch iron rod with plastic cap stamped "Terra
545	545	Surveying" found marking the southeast corner of said called 64.958
546	546	acre tract and the northeast corner of Lot 27, Mrs. M.B. Martyr's
547	547	Subdivision of 26-2/3 Acres as recorded in Volume 1, Page 112
548	548	H.C.M.R. for an angle point;
549	549	THENCE, South 0256'01" East, along the east line of said Mrs.
550	550	M.B. Martyr's Subdivision and along the west line of said Corrected
551	551	Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 481.43
552	552	feet to a 5/8-inch iron rod with plastic cap stamped "Terra
553	553	Surveying" set marking the common east corner of Lot 20 and Lot 19
554	554	of Mrs. M.B. Martyr's Subdivision for an angle point;
555	555	THENCE, South 8651'22" West, along the common line of said
556	556	Lot 20 and Lot 19, a distance of 361.74 feet to a 5/8-inch iron rod
557	557	with plastic cap stamped "Terra Surveying" set in the east line of a
558	558	16-foot wide Road as delineated by said Mrs. M.B. Martyr's
559	559	Subdivision and marking the common west corner of Lot 20 and Lot 19
560	560	of Mrs. M.B. Martyr's Subdivision for an angle point;
561	561	THENCE, North 0254'40" West, along the west line of said Lot
562	562	20 and along the east line of said 16-foot wide Road, a distance of
563	563	60.15 feet to an angle point;
564	564	THENCE, South 8648'23" West, crossing said 16-foot wide Road
565	565	and along the center of Lot 21 which divides the north half of Lot 21
566	566	from the south half of Lot 21 out of Mrs. M.B. Martyr's Subdivision,
567	567	a distance of 378.68 feet to a 5/8-inch iron rod found in the east
568	568	line of Lot 13 of the H.F. Cohen Subdivision as recorded in Volume
569	569	414, Page 560 H.C.D.R. and in the west line of said Mrs. M.B.
570	570	Martyr's Subdivision for an angle point;
571	571	THENCE, South 0256'14" East, along the east line of said H.F.
572	572	Cohen Subdivision and along the west line of said Mrs. M.B. Martyr's
573	573	Subdivision, a distance of 540.52 feet to a point for the common
574	574	west corner of Lot 13 and Lot 10 of said Mrs. M.B. Martyr's
575	575	Subdivision for an angle point;
576	576	THENCE, North 8654'43" East, along the common line of said
577	577	Lot 13 and Lot 10, a distance of 362.44 feet to a point in the west
578	578	line of the aforesaid 16-foot wide Road and to the common east
579	579	corner of said Lot 13 and Lot 10 for an angle point;
580	580	THENCE, South 0254'40" East, along the east line of Lot 10,
581	581	9, 6,5,2 and 1 of said Mrs. M.B. Martyr's Subdivision and along the
582	582	west line of said 16-foot wide Road, a distance of 609.03 feet to a
583	583	5/8-inch iron rod with plastic cap stamped "Terra Surveying" set in
584	584	the northerly line of the G.H. & S.A. Railroad (100-foot wide), said
585	585	iron rod marking the southeast corner of Lot 1 of said Mrs. M.B.
586	586	Martyr's Subdivision for the southeasterly corner of the herein
587	587	described tract;
588	588	THENCE, South 6914'45" West, parallel with and 50.00 feet
589	589	northerly of the centerline of the main line of said G.H. & S.A.
590	590	Railroad, at a distance of 380.40 feet passing a 5/8-inch iron rod
591	591	with plastic cap stamped "Terra Surveying" set marking the
592	592	southerly corner of said H.F. Cohen Subdivision and said Mrs. M.B.
593	593	Martyr's Subdivision, at a distance of 899.40 feet passing a
594	594	5/8-inch iron rod with plastic cap stamped "Terra Surveying" set
595	595	marking the common southerly corner of said H.F. Cohen Subdivision
596	596	and a called 32.750 acre tract as recorded under H.C.C.F. Numbers
597	597	W888894, W888895, W888896 and W888897, at a distance of 1,667.32
598	598	feet passing a 3/4-inch iron pipe found marking the common
599	599	southerly corner of said 32.750 acre tract and a called 78.8844 acre
600	600	tract as recorded under H.C.C.F. Numbers X866237 and X866239,
601	601	continuing, in all, a distance of 2,039.51 feet to a 3/4-inch iron
602	602	pipe found marking the southeast corner of a called 4.241 acre tract
603	603	as recorded under H.C.C.F. Number P622067 for an angle point;
604	604	THENCE, North 0306'21" West, along a line of said called
605	605	78.8844 acre tract and along the east line of said called 4.241 acre
606	606	tract, a distance of 409.00 feet to the northeast corner of said
607	607	4.241 acre tract for an angle point;
608	608	THENCE, South 8709'37" West, along the north line of said
609	609	called 4.241 acre tract, a distance of 116.89 feet to an angle
610	610	point;
611	611	THENCE, South 6702'11" West, continuing along the north line
612	612	of said called 4.241 acre tract, at a distance of 35.92 feet passing
613	613	a 5/8-inch iron rod found marking the southeast corner of a called
614	614	2.684 acre tract as recorded under H.C.C.F. Number Z063340,
615	615	continuing, in all, a distance of 119.13 feet to a 5/8-inch iron rod
616	616	found marking an angle point;
617	617	THENCE, South 6816'18" West, continuing along the north line
618	618	of said called 4.241 acre tract and along the south line of said
619	619	called 2.684 acre tract, a distance of 204.19 feet to a 5/8-inch
620	620	iron rod found in the east line of a called 13.946 acre tract as
621	621	recorded under H.C.C.F. Number Z063342, marking the southwest
622	622	corner of said called 2.684 acre tract and marking the northwest
623	623	corner of said called 4.241 acre tract for an angle point;
624	624	THENCE, South 0313'00" East, along the east line of said
625	625	13.946 acre tract and along the west line of said called 4.241 acre
626	626	tract, a distance of 438.47 feet to a 5/8-inch iron rod found in the
627	627	aforesaid northerly line of the G.H. & S.A. Railroad (width
628	628	varies), said iron rod marking the southwest corner of said 4.241
629	629	acre tract and the southeast corner of said called 13.946 acre tract
630	630	for an angle point;
631	631	THENCE, South 7111'27" West, along the south line of said
632	632	13.946 acre tract and along the northerly line of the G.H. & S.A.
633	633	Railroad, a distance of 49.24 feet to a 3/4-inch iron rod found
634	634	marking the southeast corner of that certain tract conveyed to the
635	635	City of Houston for Willowbend Boulevard (100-foot R.O.W.) as
636	636	recorded under H.C.C.F. Number D551516 for an angle point;
637	637	THENCE, South 7150'03" West, along the south line of said
638	638	City of Houston tract and along the northerly line of the G.H. &
639	639	S.A. Railroad, a distance of 52.36 feet to a 5/8-inch iron rod found
640	640	marking an angle point;
641	641	THENCE, South 7329'13" West, along the south line of said
642	642	City of Houston tract and along the northerly line of the G.H. &
643	643	S.A. Railroad, a distance of 53.69 feet to a 5/8-inch iron rod with
644	644	plastic cap stamped "Terra Surveying" set marking the southwest
645	645	corner of said City of Houston tract and the southeast corner of a
646	646	called 1.715 acre tract as recorded under H.C.C.F. Number Z063342
647	647	for an angle point;
648	648	THENCE, South 7331'49" West, along the south line of said
649	649	1.715 acre tract and along the northerly line of the G.H. & S.A.
650	650	Railroad, a distance of 302.97 feet to a point for the southwest
651	651	corner of said 1.715 acre tract and for the southeast corner of a
652	652	called 6.6173 acre tract as recorded under H.C.C.F. Numbers X866237
653	653	and X866239 for an angle point;
654	654	THENCE, South 7329'16" West, along the south line of said
655	655	6.6173 acre tract and along the northerly line of the G.H. & S.A.
656	656	Railroad, a distance of 403.39 feet to a 5/8-inch iron rod found
657	657	marking the southwest corner of said called 6.6173 acre tract and
658	658	the southeast corner of a called 19.4807 acre tract as recorded
659	659	under H.C.C.F. Number P948748 for the southwest corner of the
660	660	herein described tract;
661	661	THENCE, North 0256'42" West, along the common line of said
662	662	6.6173 acre tract and said 19.4807 acre tract, a distance of 946.14
663	663	feet to a 5/8-inch iron rod found in the southerly R.O.W. line of
664	664	Willowbend Boulevard (100-foot wide) as recorded under H.C.C.F.
665	665	Numbers D578468 and D501181, said iron rod marking the northwest
666	666	corner of said called 6.6173 acre tract and the northeast corner of
667	667	said called 19.4807 acre tract for an angle point;
668	668	THENCE, North 0258'47" West, crossing Willowbend Boulevard,
669	669	a distance of 120.22 feet to a 5/8-inch iron rod found in the
670	670	northerly R.O.W. line of said Willowbend Boulevard, marking the
671	671	southeast corner of Unrestricted Reserve "A" (7.9459 acres), R.
672	672	Hassell Properties, a plat of subdivision recorded at Film Code
673	673	Number 531140 H.C.M.R. and the southwesterly corner of the
674	674	aforesaid called 78.8844 acre tract for an angle point;
675	675	THENCE, North 0258'17" West, along the east line of said
676	676	Unrestricted Reserve "A" and along the west line of said 78.8844
677	677	acre tract, a distance of 1,468.17 feet to a point for the northeast
678	678	corner of said Unrestricted Reserve "A" and the northwest corner of
679	679	said called 78.8844 acre tract for the most westerly northwest
680	680	corner of the herein described tract;
681	681	THENCE, North 4548'01" East, along the north line of said
682	682	78.8844 acre tract, a distance of 689.16 feet to a 5/8-inch iron rod
683	683	found marking an angle point;
684	684	THENCE, North 4550'45" East, along the north line of said
685	685	78.8844 acre tract, a distance of 1,447.21 feet to a point in the
686	686	centerline of the aforesaid Old South Main Street (Not Open), and in
687	687	west line of the aforesaid Pye, Martyr and Fox Subdivision for an
688	688	angle point;
689	689	THENCE, North 0228'55" West, along the west line of said Pye,
690	690	Martyr and Fox Subdivision, a distance of 41.97 feet to a 6-inch by
691	691	6-inch concrete monument found flush with the ground, in the
692	692	northwesterly R.O.W. line of Old South Main Street and marking the
693	693	southeast corner of a called 19.3266 acre tract as recorded under
694	694	H.C.C.F. Number T152334 and marking the southwesterly corner of the
695	695	aforesaid called 0.9469 acre tract for an angle point;
696	696	THENCE, North 0305'39" West, along the west line of said Pye,
697	697	Martyr and Fox Subdivision, along the west line of said called
698	698	0.9469 acre tract and along the east line of said called 19.3266
699	699	acre tract, a distance of 297.83 feet to the POINT OF BEGINNING and
700	700	containing 254.065 gross acres of land. Save and Except 2.998 acres
701	701	of land, being Lots 10, 11 and 15 of the Cohen Subdivision recorded
702	702	in Volume 414, Page 560 Harris County Deed Records for a 251.067 net
703	703	acre tract.
704	704	SECTION 3. (a) The legal notice of the intention to
705	705	introduce this Act, setting forth the general substance of this
706	706	Act, has been published as provided by law, and the notice and a
707	707	copy of this Act have been furnished to all persons, agencies,
708	708	officials, or entities to which they are required to be furnished
709	709	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
710	710	Government Code.
711	711	(b) The governor, one of the required recipients, has
712	712	submitted the notice and Act to the Texas Commission on
713	713	Environmental Quality.
714	714	(c) The Texas Commission on Environmental Quality has filed
715	715	its recommendations relating to this Act with the governor,
716	716	lieutenant governor, and speaker of the house of representatives
717	717	within the required time.
718	718	(d) The general law relating to consent by political
719	719	subdivisions to the creation of districts with conservation,
720	720	reclamation, and road powers and the inclusion of land in those
721	721	districts has been complied with.
722	722	(e) All requirements of the constitution and laws of this
723	723	state and the rules and procedures of the legislature with respect
724	724	to the notice, introduction, and passage of this Act have been
725	725	fulfilled and accomplished.
726	726	SECTION 4. This Act takes effect immediately if it receives
727	727	a vote of two-thirds of all the members elected to each house, as
728	728	provided by Section 39, Article III, Texas Constitution. If this
729	729	Act does not receive the vote necessary for immediate effect, this
730	730	Act takes effect September 1, 2009.
731	731	______________________________ ______________________________
732	732	President of the Senate Speaker of the House
733	733	I certify that H.B. No. 4777 was passed by the House on May
734	734	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
735	735	voting.
736	736	______________________________
737	737	Chief Clerk of the House
738	738	I certify that H.B. No. 4777 was passed by the Senate on May
739	739	27, 2009, by the following vote: Yeas 31, Nays 0.
740	740	______________________________
741	741	Secretary of the Senate
742	742	APPROVED: _____________________
743	743	Date
744	744	_____________________
745	745	Governor