Texas 2009 - 81st Regular

Texas Senate Bill SB2507 Compare Versions

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1	1	S.B. No. 2507
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Harris County Improvement District
6	6	No. 16; 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 3890 to read as follows:
11	11	CHAPTER 3890. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 16
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3890.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "City" means the City of Houston.
16	16	(3) "Director" means a board member.
17	17	(4) "District" means the Harris County Improvement
18	18	District No. 16.
19	19	Sec. 3890.002. NATURE OF DISTRICT. The Harris County
20	20	Improvement District No. 16 is a special district created under
21	21	Section 59, Article XVI, Texas Constitution.
22	22	Sec. 3890.003. PURPOSE; DECLARATION OF INTENT. (a) The
23	23	creation of the district is essential to accomplish the purposes of
24	24	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
25	25	Texas Constitution, and other public purposes stated in this
26	26	chapter. By creating the district and in authorizing the City of
27	27	Houston, Harris County, and other political subdivisions to
28	28	contract with the district, the legislature has established a
29	29	program to accomplish the public purposes set out in Section 52-a,
30	30	Article III, Texas Constitution.
31	31	(b) The creation of the district is necessary to promote,
32	32	develop, encourage, and maintain employment, commerce,
33	33	transportation, housing, tourism, recreation, the arts,
34	34	entertainment, economic development, safety, and the public
35	35	welfare in the district.
36	36	(c) This chapter and the creation of the district may not be
37	37	interpreted to relieve the city or Harris County from providing the
38	38	level of services provided, as of the effective date of the Act
39	39	creating this chapter, to the area in the district. The district is
40	40	created to supplement and not to supplant the city and county
41	41	services provided in the area in the district.
42	42	Sec. 3890.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
43	43	(a) The district is created to serve a public use and benefit.
44	44	(b) All land and other property included in the district
45	45	will benefit from the improvements and services to be provided by
46	46	the district under powers conferred by Sections 52 and 52-a,
47	47	Article III, and Section 59, Article XVI, Texas Constitution, and
48	48	other powers granted under this chapter.
49	49	(c) The creation of the district is in the public interest
50	50	and is essential to:
51	51	(1) further the public purposes of developing and
52	52	diversifying the economy of the state;
53	53	(2) eliminate unemployment and underemployment; and
54	54	(3) develop or expand transportation and commerce.
55	55	(d) The district will:
56	56	(1) promote the health, safety, and general welfare of
57	57	residents, employers, potential employees, employees, visitors,
58	58	and consumers in the district, and of the public;
59	59	(2) provide needed funding for the district to
60	60	preserve, maintain, and enhance the economic health and vitality of
61	61	the district territory as a community and business center;
62	62	(3) promote the health, safety, welfare, and enjoyment
63	63	of the public by providing pedestrian ways and by landscaping and
64	64	developing certain areas in the district, which are necessary for
65	65	the restoration, preservation, and enhancement of scenic beauty;
66	66	and
67	67	(4) provide for water, wastewater, drainage, road, and
68	68	recreational facilities for the district.
69	69	(e) Pedestrian ways along or across a street, whether at
70	70	grade or above or below the surface, and street lighting, street
71	71	landscaping, parking, and street art objects are parts of and
72	72	necessary components of a street and are considered to be a street
73	73	or road improvement.
74	74	(f) The district will not act as the agent or
75	75	instrumentality of any private interest even though the district
76	76	will benefit many private interests as well as the public.
77	77	Sec. 3890.005. INITIAL DISTRICT TERRITORY. (a) The
78	78	district is initially composed of the territory described by
79	79	Section 2 of the Act creating this chapter.
80	80	(b) The boundaries and field notes contained in Section 2 of
81	81	the Act creating this chapter form a closure. A mistake in the
82	82	field notes or in copying the field notes in the legislative process
83	83	does not affect the district's:
84	84	(1) organization, existence, or validity;
85	85	(2) right to issue any type of bond for the purposes
86	86	for which the district is created or to pay the principal of and
87	87	interest on the bond;
88	88	(3) right to impose or collect an assessment or tax; or
89	89	(4) legality or operation.
90	90	Sec. 3890.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
91	91	All or any part of the area of the district is eligible to be
92	92	included in:
93	93	(1) a tax increment reinvestment zone created under
94	94	Chapter 311, Tax Code;
95	95	(2) a tax abatement reinvestment zone created under
96	96	Chapter 312, Tax Code; or
97	97	(3) an enterprise zone created under Chapter 2303,
98	98	Government Code.
99	99	Sec. 3890.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
100	100	DISTRICTS LAW. Except as otherwise provided by this chapter,
101	101	Chapter 375, Local Government Code, applies to the district.
102	102	Sec. 3890.008. LIBERAL CONSTRUCTION OF CHAPTER. This
103	103	chapter shall be liberally construed in conformity with the
104	104	findings and purposes stated in this chapter.
105	105	[Sections 3890.009-3890.050 reserved for expansion]
106	106	SUBCHAPTER B. BOARD OF DIRECTORS
107	107	Sec. 3890.051. GOVERNING BODY; TERMS. (a) The district is
108	108	governed by a board of five voting directors who serve staggered
109	109	terms of four years, with two or three directors' terms expiring
110	110	June 1 of each odd-numbered year.
111	111	(b) The board by resolution may change the number of voting
112	112	directors on the board, but only if the board determines that the
113	113	change is in the best interest of the district. The board may not
114	114	consist of fewer than five or more than 15 voting directors.
115	115	Sec. 3890.052. APPOINTMENT OF DIRECTORS. The mayor and
116	116	members of the governing body of the city shall appoint voting
117	117	directors from persons recommended by the board. A person is
118	118	appointed if the majority of the members of the governing body,
119	119	including the mayor, vote to appoint that person.
120	120	Sec. 3890.053. INITIAL VOTING DIRECTORS. (a) The initial
121	121	board consists of the following voting directors:
122	122	Pos. No.Name of Director
123	123	1 Thad Armstrong
124	124	2 Ken Melber
125	125	3 Bank Jordan
126	126	4 Alan Arnold
127	127	5 Pat Walters
128	128	(b) Of the initial directors, the terms of directors
129	129	appointed for positions 1 through 3 expire June 1, 2011, and the
130	130	terms of directors appointed for positions 4 and 5 expire June 1,
131	131	2013.
132	132	(c) Section 3890.052 does not apply to this section.
133	133	(d) This section expires September 1, 2014.
134	134	Sec. 3890.054. NONVOTING DIRECTORS. The board may appoint
135	135	nonvoting directors to serve at the pleasure of the voting
136	136	directors.
137	137	Sec. 3890.055. QUORUM. For purposes of determining the
138	138	requirements for a quorum of the board, the following are not
139	139	counted:
140	140	(1) a board position vacant for any reason, including
141	141	death, resignation, or disqualification;
142	142	(2) a director who is abstaining from participation in
143	143	a vote because of a conflict of interest; or
144	144	(3) a nonvoting director.
145	145	Sec. 3890.056. COMPENSATION. A director is entitled to
146	146	receive fees of office and reimbursement for actual expenses as
147	147	provided by Section 49.060, Water Code. Sections 375.069 and
148	148	375.070, Local Government Code, do not apply to the board.
149	149	[Sections 3890.057-3890.100 reserved for expansion]
150	150	SUBCHAPTER C. POWERS AND DUTIES
151	151	Sec. 3890.101. DEVELOPMENT CORPORATION POWERS. The
152	152	district may exercise the powers given to a development corporation
153	153	under Chapter 505, Local Government Code, including the power to
154	154	own, operate, acquire, construct, lease, improve, or maintain a
155	155	project described by that chapter.
156	156	Sec. 3890.102. NONPROFIT CORPORATION. (a) The board by
157	157	resolution may authorize the creation of a nonprofit corporation to
158	158	assist and act for the district in implementing a project or
159	159	providing a service authorized by this chapter.
160	160	(b) The nonprofit corporation:
161	161	(1) has each power of and is considered for purposes of
162	162	this chapter to be a local government corporation created under
163	163	Chapter 431, Transportation Code; and
164	164	(2) may implement any project and provide any service
165	165	authorized by this chapter.
166	166	(c) The board shall appoint the board of directors of the
167	167	nonprofit corporation. The board of directors of the nonprofit
168	168	corporation shall serve in the same manner as the board of directors
169	169	of a local government corporation created under Chapter 431,
170	170	Transportation Code, except that a board member is not required to
171	171	reside in the district.
172	172	Sec. 3890.103. AGREEMENTS; GRANTS. (a) The district may
173	173	make an agreement with or accept a gift, grant, or loan from any
174	174	person.
175	175	(b) The implementation of a project is a governmental
176	176	function or service for the purposes of Chapter 791, Government
177	177	Code.
178	178	Sec. 3890.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
179	179	SERVICES. To protect the public interest, the district may
180	180	contract with a qualified person, including Harris County or the
181	181	city, for the provision of law enforcement services in the district
182	182	for a fee.
183	183	Sec. 3890.105. APPROVAL BY CITY. (a) Except as provided
184	184	by Subsection (c), the district must obtain approval from the city
185	185	for:
186	186	(1) the issuance of bonds; and
187	187	(2) plans and specifications for an improvement
188	188	project related to the use of land owned by the city, an easement
189	189	granted by the city, or a right-of-way of a street, road, or
190	190	highway.
191	191	(b) The approval under Subsection (a)(1) must be by a
192	192	resolution or ordinance adopted by the governing body of the city.
193	193	The approval under Subsection (a)(2) may be any form of official
194	194	approval of the city, including approval by an administrative
195	195	process that does not involve the city's governing body.
196	196	(c) If the district obtains approval of the city's governing
197	197	body for a capital improvements plan for a period not to exceed 10
198	198	years, the district may finance the capital improvements and issue
199	199	bonds specified in the plan without further city approval.
200	200	Sec. 3890.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
201	201	district may join and pay dues to a charitable or nonprofit
202	202	organization that performs a service or provides an activity
203	203	consistent with the furtherance of a district purpose.
204	204	Sec. 3890.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
205	205	district may establish and provide for the administration of one or
206	206	more programs to promote state or local economic development and to
207	207	stimulate business and commercial activity in the district,
208	208	including programs to:
209	209	(1) make loans and grants of public money; and
210	210	(2) provide district personnel and services.
211	211	(b) The district has all of the powers of a municipality
212	212	under Chapter 380, Local Government Code.
213	213	Sec. 3890.108. NO EMINENT DOMAIN. The district may not
214	214	exercise the power of eminent domain.
215	215	Sec. 3890.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
216	216	district may annex land as provided by Subchapter J, Chapter 49,
217	217	Water Code.
218	218	(b) In addition to the authority to annex provided by
219	219	Subsection (a), the board by resolution may annex territory if:
220	220	(1) the city's governing body by ordinance or
221	221	resolution consents to the annexation;
222	222	(2) the board holds a hearing to consider the
223	223	annexation; and
224	224	(3) the board determines that the annexation is
225	225	practicable and in the best interest of the district.
226	226	(c) An election is required for an annexation under
227	227	Subsection (b) or Section 49.302, Water Code, only if before the
228	228	annexation the district held an election at which the voters
229	229	approved the imposition of an ad valorem tax or the issuance of
230	230	bonds payable wholly or partly from ad valorem taxes.
231	231	(d) The district may exclude land as provided by Subchapter
232	232	J, Chapter 49, Water Code. Section 375.044(b), Local Government
233	233	Code, does not apply to the district.
234	234	[Sections 3890.110-3890.150 reserved for expansion]
235	235	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
236	236	Sec. 3890.151. PUBLIC TRANSIT SYSTEM. The district may
237	237	acquire, lease as lessor or lessee, construct, develop, own,
238	238	operate, and maintain a public transit system to serve the area in
239	239	the district.
240	240	Sec. 3890.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
241	241	PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire,
242	242	lease as lessor or lessee, construct, develop, own, operate, and
243	243	maintain parking facilities or a system of parking facilities,
244	244	including:
245	245	(1) lots, garages, parking terminals, or other
246	246	structures or accommodations for parking motor vehicles off the
247	247	streets; and
248	248	(2) equipment, entrances, exits, fencing, and other
249	249	accessories necessary for safety and convenience in parking
250	250	vehicles.
251	251	(b) A parking facility of the district may be leased to or
252	252	operated on behalf of the district by an entity other than the
253	253	district.
254	254	(c) The district's parking facilities are a program
255	255	authorized by the legislature under Section 52-a, Article III,
256	256	Texas Constitution.
257	257	(d) The district's parking facilities serve the public
258	258	purposes of the district and are owned, used, and held for a public
259	259	purpose even if leased or operated by a private entity for a term of
260	260	years.
261	261	Sec. 3890.153. RULES. The district may adopt rules
262	262	governing the district's public transit system or public parking
263	263	facilities.
264	264	Sec. 3890.154. FINANCING OF PUBLIC PARKING FACILITIES.
265	265	(a) The district may use any of its resources, including revenue,
266	266	assessments, taxes, or grant or contract proceeds, to pay the cost
267	267	of acquiring or operating the district's public transit system or
268	268	public parking facilities.
269	269	(b) The district may:
270	270	(1) set, charge, impose, and collect fees, charges, or
271	271	tolls for the use of the district's public transit system or public
272	272	parking facilities; and
273	273	(2) issue bonds or notes to finance the cost of the
274	274	district's public transit system or public parking facilities.
275	275	[Sections 3890.155-3890.200 reserved for expansion]
276	276	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
277	277	Sec. 3890.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
278	278	board by resolution shall establish the number of directors'
279	279	signatures and the procedure required for a disbursement or
280	280	transfer of the district's money.
281	281	Sec. 3890.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
282	282	The district may acquire, construct, finance, operate, or maintain
283	283	any improvement or service authorized under this chapter or Chapter
284	284	375, Local Government Code, using any money available to the
285	285	district.
286	286	Sec. 3890.203. PETITION REQUIRED FOR FINANCING SERVICES AND
287	287	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
288	288	service or improvement project with assessments under this chapter
289	289	unless a written petition requesting that service or improvement
290	290	has been filed with the board.
291	291	(b) A petition filed under Subsection (a) must be signed by
292	292	the owners of a majority of the assessed value of real property in
293	293	the district subject to assessment according to the most recent
294	294	certified tax appraisal roll for Harris County.
295	295	Sec. 3890.204. METHOD OF NOTICE FOR HEARING. The district
296	296	may mail the notice required by Section 375.115(c), Local
297	297	Government Code, by certified or first class United States mail.
298	298	The board shall determine the method of mailing notice.
299	299	Sec. 3890.205. ASSESSMENTS; LIENS FOR ASSESSMENTS.
300	300	(a) The board by resolution may impose and collect an assessment
301	301	for any purpose authorized by this chapter in all or any part of the
302	302	district.
303	303	(b) An assessment, a reassessment, or an assessment
304	304	resulting from an addition to or correction of the assessment roll
305	305	by the district, penalties and interest on an assessment or
306	306	reassessment, an expense of collection, and reasonable attorney's
307	307	fees incurred by the district:
308	308	(1) are a first and prior lien against the property
309	309	assessed;
310	310	(2) are superior to any other lien or claim other than
311	311	a lien or claim for county, school district, or municipal ad valorem
312	312	taxes; and
313	313	(3) are the personal liability of and a charge against
314	314	the owners of the property even if the owners are not named in the
315	315	assessment proceedings.
316	316	(c) The lien is effective from the date of the board's
317	317	resolution imposing the assessment until the date the assessment is
318	318	paid. The board may enforce the lien in the same manner that the
319	319	board may enforce an ad valorem tax lien against real property.
320	320	(d) The board may make a correction to or deletion from the
321	321	assessment roll that does not increase the amount of assessment of
322	322	any parcel of land without providing notice and holding a hearing in
323	323	the manner required for additional assessments.
324	324	Sec. 3890.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
325	325	ASSESSMENTS. The district may not impose an impact fee or
326	326	assessment on the property, including the equipment,
327	327	rights-of-way, facilities, or improvements, of:
328	328	(1) an electric utility or a power generation company
329	329	as defined by Section 31.002, Utilities Code;
330	330	(2) a gas utility as defined by Section 101.003 or
331	331	121.001, Utilities Code;
332	332	(3) a telecommunications provider as defined by
333	333	Section 51.002, Utilities Code; or
334	334	(4) a person who provides to the public cable
335	335	television or advanced telecommunications services.
336	336	Sec. 3890.207. OPERATION AND MAINTENANCE TAX. (a) If
337	337	authorized at an election held in accordance with Section 3890.210,
338	338	the district may impose an annual operation and maintenance tax on
339	339	taxable property in the district in accordance with Section 49.107,
340	340	Water Code, for any district purpose, including to:
341	341	(1) maintain and operate the district;
342	342	(2) construct or acquire improvements; or
343	343	(3) provide a service.
344	344	(b) The board shall determine the tax rate. The rate may not
345	345	exceed the rate approved at the election.
346	346	(c) Section 49.107(h), Water Code, does not apply to the
347	347	district.
348	348	Sec. 3890.208. AUTHORITY TO BORROW MONEY AND TO ISSUE
349	349	BONDS. (a) The district may borrow money on terms and conditions
350	350	as determined by the board. Section 375.205, Local Government
351	351	Code, does not apply to a loan, line of credit, or other borrowing
352	352	from a bank or financial institution secured by revenue other than
353	353	ad valorem taxes.
354	354	(b) The district may issue by competitive bid or negotiated
355	355	sale bonds, notes, or other obligations payable wholly or partly
356	356	from ad valorem taxes, assessments, impact fees, revenue, contract
357	357	payments, grants, or other district money, or any combination of
358	358	those sources of money, to pay for any authorized district purpose.
359	359	(c) The limitation on the outstanding principal amount of
360	360	bonds, notes, and other obligations set forth in Section 49.4645,
361	361	Water Code, does not apply to the district.
362	362	Sec. 3890.209. TAXES FOR BONDS. At the time the district
363	363	issues bonds payable wholly or partly from ad valorem taxes, the
364	364	board shall provide for the annual imposition of a continuing
365	365	direct annual ad valorem tax, without limit as to rate or amount,
366	366	while all or part of the bonds are outstanding as required and in
367	367	the manner provided by Sections 54.601 and 54.602, Water Code.
368	368	Sec. 3890.210. ELECTIONS REGARDING TAXES AND BONDS.
369	369	(a) The district may issue, without an election, bonds, notes, and
370	370	other obligations secured by revenue other than ad valorem taxes.
371	371	(b) The district must hold an election in the manner
372	372	provided by Subchapter L, Chapter 375, Local Government Code, to
373	373	obtain voter approval before the district may impose an ad valorem
374	374	tax or issue bonds payable from ad valorem taxes.
375	375	(c) Section 375.243, Local Government Code, does not apply
376	376	to the district.
377	377	(d) All or any part of any facilities or improvements which
378	378	may be acquired by a district by the issuance of its bonds may be
379	379	included in one single proposition to be voted on at the election or
380	380	the bonds may be submitted in several propositions.
381	381	Sec. 3890.211. CITY NOT REQUIRED TO PAY DISTRICT
382	382	OBLIGATIONS. Except as provided by Section 375.263, Local
383	383	Government Code, the city may not be required to pay a bond, note,
384	384	or other obligation of the district.
385	385	Sec. 3890.212. COMPETITIVE BIDDING. Subchapter I, Chapter
386	386	49, Water Code, applies to the district. Sections 375.221 and
387	387	375.223, Local Government Code, do not apply to the district.
388	388	Sec. 3890.213. TAX AND ASSESSMENT ABATEMENTS. The district
389	389	may grant in the manner provided by Chapter 312, Tax Code, an
390	390	abatement for a tax or assessment owed to the district.
391	391	[Sections 3890.214-3890.250 reserved for expansion]
392	392	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
393	393	PROPERTY
394	394	Sec. 3890.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
395	395	DESIGNATED PROPERTY. The district may define areas or designate
396	396	certain property of the district to pay for improvements,
397	397	facilities, or services that primarily benefit that area or
398	398	property and do not generally and directly benefit the district as a
399	399	whole.
400	400	Sec. 3890.252. PROCEDURE FOR ELECTION. (a) Before the
401	401	district may impose an ad valorem tax or issue bonds payable from ad
402	402	valorem taxes of the area defined or property designated under
403	403	Section 3890.251, the board must call and hold an election as
404	404	provided by Section 3890.210 only in the defined area or in the
405	405	boundaries of the designated property.
406	406	(b) The board may submit the proposition to the voters on
407	407	the same ballot to be used in another election.
408	408	Sec. 3890.253. DECLARING RESULT AND ISSUING ORDER. (a) If
409	409	a majority of the voters voting at the election approve the
410	410	proposition or propositions, the board shall declare the results
411	411	and by order shall establish the defined area and describe it by
412	412	metes and bounds or designate the specific property.
413	413	(b) A court may not review the board's order except on the
414	414	ground of fraud, palpable error, or arbitrary and confiscatory
415	415	abuse of discretion.
416	416	Sec. 3890.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
417	417	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
418	418	approval and adoption of the order described in Section 3890.253,
419	419	the district may apply separately, differently, equitably, and
420	420	specifically its taxing power and lien authority to the defined
421	421	area or designated property to provide money to construct,
422	422	administer, maintain, and operate services, improvements, and
423	423	facilities that primarily benefit the defined area or designated
424	424	property.
425	425	Sec. 3890.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
426	426	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
427	427	Section 3890.253 is adopted, the district may issue bonds to
428	428	provide for any land, improvements, facilities, plants, equipment,
429	429	and appliances for the defined area or designated property.
430	430	SECTION 2. The Harris County Improvement District No. 16
431	431	initially includes all territory contained in the following area:
432	432	TRACT 1
433	433	Description of two tracts of land containing 23.8087 acres
434	434	(1,037,107 square feet), Save and Except a 0.1389 acre tract (6,048
435	435	square feet), and 4.0627 acres (176,970 square feet), located in
436	436	the Juan Sutton Survey, A-751 and the John Robinson Survey, A-680,
437	437	Harris County, Texas, and being those two certain tracts, Parcel
438	438	"X", 25+ acres and Parcel "Y", 4+ acres, as described in deed from
439	439	Corporate Property Investors to Rouse-Almeda, Inc., as recorded
440	440	under Harris County Clerk's File No. L484651, said tracts of land
441	441	are more particularly described by metes and bounds as follows,
442	442	with bearings referenced to the description of said 23.8087 acre
443	443	tract:
444	444	TRACT 1 - PART A
445	445	BEGINNING at a 5/8-inch iron rod found for the intersection
446	446	of the northerly right-of-way line of Kingspoint Road (60-foot wide
447	447	right-of-way) with the easterly right-of-way line of Kleckley Drive
448	448	(80-foot wide right-of-way) as described by City of Houston
449	449	Ordinance recorded in Volume 5959, Page 31 of the Harris County Deed
450	450	Records, said point being the southwest corner of the herein
451	451	described tract;
452	452	THENCE North 01 13' 33" West, with the easterly line of said
453	453	Kleckley Drive, a distance of 614.96 feet to a cut "X" found at the
454	454	southwest corner of a certain 1.00 acre tract as described under
455	455	Harris County Clerk's File No. C687380;
456	456	THENCE North 88 46' 27" East, leaving said easterly
457	457	right-of-way line and with the southerly line of said 1.00 acre
458	458	tract, a distance of 200.00 feet to a 1/2-inch iron rod found at the
459	459	southeast corner of said tract and an interior corner of the herein
460	460	described tract;
461	461	THENCE North 01 13' 33" West, with the easterly line of said
462	462	1.00 acre tract, a distance of 217.80 feet to a railroad spike found
463	463	at the northeast corner of said tract and an interior corner of the
464	464	herein described tract;
465	465	THENCE South 88 46' 27" West, with the northerly line of said
466	466	1.00 acre tract, a distance of 200.00 feet to a 5/8-inch iron rod
467	467	found for the northwest corner of said tract and on the easterly
468	468	right-of-way line of the aforementioned Kleckley Drive;
469	469	THENCE North 01 13' 33" West, with the said easterly
470	470	right-of-way line, a distance of 240.92 feet to a 5/8-inch iron rod
471	471	found at the most westerly northwest corner of the herein described
472	472	tract and the southwest corner of a called 17.1734 acre tract as
473	473	described under Harris County Clerk's File No. C200933;
474	474	THENCE North 88 46' 27" East, leaving said easterly
475	475	right-of-way line and with the southerly line of said 17.1734 acre
476	476	tract, a distance of 221.47 feet to a 1/2-inch iron rod found for a
477	477	southeast corner of said tract and an interior corner of the herein
478	478	described tract;
479	479	THENCE North 01 13' 33" West, with an easterly line of said
480	480	17.1734 acre tract, a distance of 138.58 feet to 5/8-inch iron rod
481	481	found at an angle point;
482	482	THENCE North 68 05' 25" East, continuing with said easterly
483	483	line, a distance of 20.00 feet to an angle point within a building
484	484	column;
485	485	THENCE North 21 54' 35" West, continuing with said easterly
486	486	line, a distance of 105.94 feet to a nail and washer found at the
487	487	most northerly northwest corner of the herein described tract and
488	488	an interior corner of said 17.1734 acre tract;
489	489	THENCE North 68 05' 25" East, with a southeasterly line of
490	490	said 17.1734 acre tract, a distance of 535.50 feet to a 3/4-inch
491	491	iron rod found at the most northerly northeast corner of the herein
492	492	described tract and an interior corner of said 17.1734 acre tract;
493	493	THENCE South 42 35' 38" East, with a southwesterly line of
494	494	said 17.1734 acre tract a distance of 251.82 feet to a 1/2-inch iron
495	495	rod found for the southwest corner of said tract and an interior
496	496	corner of the herein described tract;
497	497	THENCE North 47 24' 22" East, with a southeasterly line of
498	498	said 17.1734 acre tract, a distance of 278.97 feet to a 5/8-inch
499	499	iron rod found at the most easterly southeast corner of said tract
500	500	and the most easterly northeast corner of the herein described
501	501	tract and on the westerly right-of-way line of I.H. 45 (Gulf
502	502	Freeway, width varies);
503	503	THENCE South 42 35' 38" East, with the westerly right-of-way
504	504	line of said I.H. 45, a distance of 442.06 feet to a 5/8-inch iron
505	505	rod found at the most easterly southeast corner of the herein
506	506	described tract and the northeast corner of a 13.7382 acre tract as
507	507	described under Harris County Clerk's File No. C200933;
508	508	THENCE South 47 24' 22" West, leaving said westerly
509	509	right-of-way line and with a northwesterly line of said 13.7382
510	510	acre tract, a distance of 564.48 feet to a PK nail and washer found
511	511	at the northeast corner of a 0.7286 acre tract of land described in
512	512	deed to Federated Department Stores as recorded in Volume 6379,
513	513	Page 160 of the Deed Records of Harris County, Texas and at an
514	514	interior corner of the herein described tract;
515	515	THENCE South 21 54' 35" East, with the northeasterly line of
516	516	the said 0.7286 acre Federated tract, a distance of 50.00 feet to a
517	517	cut "X" found at the east corner of the said 0.7286 acre Federated
518	518	tract;
519	519	THENCE South 68 05' 25" West, with the southeasterly line of
520	520	said 0.7286 acre Federated tract, at 634.76 feet, pass the south
521	521	corner of the said 0.7286 acre Federated tract and the north corner
522	522	of a 0.7286 acre tract of land described in deed to J.C. Penny as
523	523	recorded in Volume 6379, Page 160 of the Deed Records of Harris
524	524	County, Texas, and then with the northwesterly line of the said
525	525	0.7286 acre J.C. Penny tract, in all a total distance of 695.69 feet
526	526	to a 1/2-inch iron rod found at the west corner of said tract and an
527	527	interior corner of the herein described tract;
528	528	THENCE South 21 54' 35" East, with the southwesterly line of
529	529	said 0.7286 acre J.C. Penny tract, a distance of 529.64 feet to a
530	530	5/8-inch iron rod found at the southern corner of the said 0.7286
531	531	acre J.C. Penny tract and on the northerly line of a Texas Pipe Line
532	532	Company fee strip as described in Volume 1770, Page 161 of the Deed
533	533	Records of Harris County, Texas;
534	534	THENCE South 52 09' 27" West, with the northerly line of said
535	535	fee strip, a distance of 36.83 feet to a 5/8-inch iron rod found at
536	536	the most westerly southeast corner of the herein described tract
537	537	and on the northerly right-of-way line of the aforementioned
538	538	Kingspoint Road;
539	539	THENCE North 89 47' 33" West, with the northerly right-of-way
540	540	line of said Kingspoint Road, a distance of 472.53 feet to the POINT
541	541	OF BEGINNING containing a computed area of 23.8087 acres (1,037,107
542	542	square feet) of land.
543	543	SAVE AND EXCEPT (TRACT 1 - PART A)
544	544	SAVE AND EXCEPT that certain 0.1389 acre (6,048 square feet)
545	545	tract of land conveyed to the City of Houston, by deed recorded
546	546	under County Clerk's File No. N889207 and described as follows:
547	547	BEGINNING at a 5/8-inch iron rod found at the intersection of
548	548	the northerly right-of way line of Kingspoint Road (60 foot wide
549	549	right-of-way) with the easterly right-of-way line of Kleckley Drive
550	550	(80-foot wide right-of-way) as described by City of Houston
551	551	Ordinance recorded in Volume 5959, Page 31 of the Harris County Deed
552	552	Records, said point being the southwest corner of the herein
553	553	described tract;
554	554	THENCE, North 01 13' 33" West, with the easterly right-of-way
555	555	line of said Kleckley Drive, a distance of 55.00 feet to a 5/8-inch
556	556	iron rod set at the northwest corner of the herein described tract;
557	557	THENCE, South 89 47' 33" East, a distance of 110.00 feet to a
558	558	5/8-inch iron rod set at the northeast corner of the herein
559	559	described tract;
560	560	THENCE, South 01 13' 33" East, a distance of 55.00 feet to a
561	561	5/8-inch iron rod set at the southeast corner of the herein
562	562	described tract and on the northerly right-of-way line of the
563	563	aforesaid Kingspoint Road;
564	564	THENCE, North 89 47' 33" West, with the northerly
565	565	right-of-way line of said Kingspoint Road, a distance of 110.00
566	566	feet to the POINT OF BEGINNING and containing 0.1389 acres (6,048
567	567	square feet) of land.
568	568	The subject property contains 23.8087 acres (1,037,107
569	569	square feet) save and except 0.1389 acres (6,048 square feet) for a
570	570	computed net area of 23.6698 acres (1,031,059 square feet).
571	571	TRACT 1 - PART B
572	572	COMMENCING at a 5/8-inch iron rod found at the intersection
573	573	of the northerly right-of-way line of Kingspoint Road (60-foot wide
574	574	right-of-way) with the easterly right-of-way line of Kleckley Drive
575	575	(80-foot wide right-of-way) as described by City of Houston
576	576	Ordinance recorded in Volume 5959, Page 31 of the Harris County Deed
577	577	Records:
578	578	THENCE, South 89 47' 33" East, with the northerly
579	579	right-of-way line of said Kingspoint Road, a distance of 939.74
580	580	feet to a 5/8-inch iron rod found for the POINT OF BEGINNING at the
581	581	southwest corner of the herein described tract and a southeast
582	582	corner of a 13.7382 acre tract as described under Harris County
583	583	Clerk's File No. C200932;
584	584	THENCE, North 00 12' 27" East, leaving said northerly
585	585	right-of-way line and with an easterly line of said 13.7382 acre
586	586	tract, a distance of 289.48 feet to a 1/2-inch iron rod set at the
587	587	northwest corner of the herein described tract and on the southerly
588	588	line of a Texas Pipe Line Company Fee Strip as described in Volume
589	589	1770, Page 161 of the Harris County Deed Records;
590	590	THENCE, North 52 09' 27" East, with the southerly line of the
591	591	said Fee Strip, a distance of 495.62 feet to a 5/8-inch iron rod
592	592	found at the northeast corner of the herein described tract and the
593	593	northwest corner of a called 10.7966 acre tract as described under
594	594	Harris County Clerk's File No. E970132;
595	595	THENCE, South 01 12' 33" East, leaving the southerly line of
596	596	the said Fee Strip and with the westerly line of the said 10.7966
597	597	acre tract, a distance of 595.14 feet to a 5/8-inch iron rod found
598	598	at the southeast corner of the herein described tract and on the
599	599	northerly line of the aforementioned Kingspoint Road;
600	600	THENCE, North 89 47' 33" West, with the northerly line of
601	601	said Kingspoint Road, a distance of 405.00 feet to the POINT OF
602	602	BEGINNING containing a computed area of 4.0627 acres (176,970
603	603	square feet) of land.
604	604	The subject property contains 23.8087 acres (1,037,107
605	605	square feet) in Tract 1 - Part A, save and except 0.1389 acres
606	606	(6,048 square feet), and 4.0627 acres (176,970 square feet) in
607	607	Tract 1 - Part B, for a computed net area of 27.7325 acres
608	608	(1,208,029 square feet).
609	609	TRACT 2
610	610	13.7382 acres of land out of that tract of land containing
611	611	56.7876 acres described in Exhibit A in deed from James P. Lee,
612	612	Trustee, to Federated Department Stores, Inc. as recorded in Volume
613	613	5207, Pages 522, et seq., of the Deed Records of Harris County,
614	614	Texas, said 56.7876 acres being a part of Block 19 of Genoa Outlots,
615	615	a subdivision of the Juan Sutton Survey, Abstract No. 751, and the
616	616	John Robinson Survey, Abstract No. 680, in Harris County, Texas,
617	617	according to the map of record in Volume 1, Page 1, of the Map
618	618	Records of Harris County, Texas, and also being a part of Block 3 of
619	619	Acre Home Addition, a subdivision of the Juan Sutton Survey,
620	620	Abstract No. 751, and the John Robinson Survey, Abstract No. 680, in
621	621	Harris County, Texas, according to the map of record in Volume 4,
622	622	Page 28 of the Map Records of Harris County, Texas, the tract herein
623	623	described and conveyed being more particularly described by Metes
624	624	and Bounds as follows:
625	625	BEGINNING at an iron rod on the north right-of-way line of
626	626	Kingspoint Road (60 feet wide), said iron rod being located 939.74
627	627	feet South 89 degrees 47 minutes 33 seconds East from the
628	628	intersection of the north right-of-way line of Kingspoint Road with
629	629	the east right-of-way line of Kleckley Drive (80 feet wide), said
630	630	iron rod being the southwest corner of a tract, described in deed
631	631	from John E. Crosland to Trustees of The Presbytery of Houston,
632	632	recorded in Volume 4035, Page 79, of the Deed Records of Harris
633	633	County, Texas;
634	634	THENCE with the North right-of-way line of Kingspoint Road,
635	635	North 89 degrees, 47 minutes, 33 seconds West for a distance of
636	636	467.21 feet to a 5/8-inch diameter iron rod found on the northwest
637	637	line of a Texas Pipe Line Company Fee strip (60 feet wide) as
638	638	described in Volume 1770, Page 161 of the Deed Records of Harris
639	639	County, Texas;
640	640	THENCE with the northwest line of the said Texas Pipe Line
641	641	Company Fee strip, North 52 degrees 09 minutes 27 seconds East, for
642	642	a distance of 36.83 feet to a 5/8-inch diameter iron rod found at
643	643	the south corner of a 0.7286 acre tract of land described in deed to
644	644	J.C. Penny Company as recorded in Volume 6379, Page 156 of the
645	645	Harris County Deed Records;
646	646	THENCE North 21 degrees 54 minutes 35 seconds West with the
647	647	southwesterly line of the said 0.7286 acre J.C. Penny tract for a
648	648	distance of 529.64 feet to a 1/2-inch diameter iron rod found at the
649	649	western corner of the said 0.7286 acre J.C. Penny tract;
650	650	THENCE North 68 degrees 05 minutes 25 seconds East, at 60.93
651	651	feet, pass the north corner of the said 0.7286 acre J.C. Penny tract
652	652	and the south corner of a 0.7286 acre tract described in deed to
653	653	Federated Department Stores as recorded in Volume 6379, Page 160 of
654	654	the Deed Records of Harris County, Texas and then with the
655	655	southeasterly line of the said 0.7286 acre Federated tract for a
656	656	total distance of 695.69 feet to an "X" found scribed in concrete at
657	657	the easterly corner of the said 0.7286 acre Federated tract;
658	658	THENCE North 21 degrees 54 minutes 35 seconds West with the
659	659	easterly line of the said 0.7286 acre Federated tract for a distance
660	660	of 50.00 feet to a "P.K." nail and washer found at the north corner
661	661	of the said 0.7286 acre Federated tract;
662	662	THENCE North 47 degrees 24 minutes 22 seconds East for a
663	663	distance of 564.48 feet to a 5/8-inch diameter iron rod found on the
664	664	southeasterly right-of-way line of the Gulf Freeway;
665	665	THENCE with the southwest right-of-way line of the Gulf
666	666	Freeway, South 42 degrees 35 minutes 38 seconds East for a distance
667	667	of 414.58 feet to a 5/8-inch diameter iron rod set on the northwest
668	668	line of the said Texas Pipe Line Company Fee strip;
669	669	THENCE with the northwesterly line of the said Texas Pipe
670	670	Line Company Fee strip, South 52 degrees 09 minutes 27 seconds West
671	671	for a distance of 868.50 feet to a 1/2-inch diameter iron rod set;
672	672	THENCE departing the said Texas Pipe Line Company Fee strip,
673	673	South 00 degrees 12 minutes 27 seconds West at 76.20 feet pass the
674	674	northwest corner of the said Trustees of the Presbytery of Houston
675	675	tract, in all a total distance of 365.68 feet to the POINT OF
676	676	BEGINNING containing 14.4703 acres (630.325) square feet) of land.
677	677	SAVE AND EXCEPT (TRACT 2)
678	678	SAVE AND EXCEPT a tract of land containing 0.7321 acres
679	679	(31,890 square feet), being part of the Texas Pipe Line Company Fee
680	680	strip and being more particularly described by metes and Bounds as
681	681	follows:
682	682	COMMENCING at a iron rod on the north right-of-way line of
683	683	Kingspoint Road (60 feet wide), said iron rod being located 939.74
684	684	feet South 89 degrees 47 minutes 33 seconds East from the
685	685	intersection of the north right-of-way line of Kingspoint Road with
686	686	the east right-of-way line of Kleckley Drive (80 feet wide), said
687	687	iron rod being the southwest corner of a tract, described in deed
688	688	from John E. Crosland to Trustees of The Presbytery of Houston,
689	689	recorded in Volume 4035, Page 79, of the Deed Records of Harris
690	690	County, Texas;
691	691	THENCE with the north right-of-way line of Kingspoint Road,
692	692	North 89 degrees 47 minutes 33 seconds West 369.86 feet to a
693	693	5/8-inch diameter iron rod set on the southeast right-of-way line
694	694	of the said Texas Pipe Line Company Fee strip, for POINT OF
695	695	BEGINNING of the tract herein described;
696	696	THENCE with the north right-of-way line of Kingspoint Road,
697	697	North 89 degrees 47 minutes 33 seconds West for a distance of 97.35
698	698	feet to a 5/8-inch diameter iron rod found on the northwest line of
699	699	the said Texas Pipe Line Company Fee strip;
700	700	THENCE with the northwest line of the said Texas Pipe Line
701	701	Company Fee strip, North 52 degrees 09 minutes 27 seconds East for a
702	702	distance of 593.30 feet to a 1/2-inch diameter iron rod set;
703	703	THENCE South 00 degrees 12 minutes 27 seconds West for a
704	704	distance of 76.20 feet to a 1/2-inch diameter iron rod set at the
705	705	northwest corner of the said Trustees of The Presbytery of Houston
706	706	tract and on the south right-of-way line of the said Texas Pipe Line
707	707	Company Fee strip;
708	708	THENCE with the southeast line of the Texas Pipe Line Company
709	709	Fee strip, South 52 degrees 09 minutes 27 seconds West for a
710	710	distance of 469.68 feet to the POINT OF BEGINNING containing 0.7321
711	711	acres (31,890 square feet) of land.
712	712	The subject property contains 14.4703 gross acres (630,325
713	713	square feet) less 0.7321 acres (31,890 square feet) in the save and
714	714	except tract for a net acreage of 13.7382 acres (598,435 square
715	715	feet) of land.
716	716	SECTION 3. (a) The legal notice of the intention to
717	717	introduce this Act, setting forth the general substance of this
718	718	Act, has been published as provided by law, and the notice and a
719	719	copy of this Act have been furnished to all persons, agencies,
720	720	officials, or entities to which they are required to be furnished
721	721	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
722	722	Government Code.
723	723	(b) The governor, one of the required recipients, has
724	724	submitted the notice and Act to the Texas Commission on
725	725	Environmental Quality.
726	726	(c) The Texas Commission on Environmental Quality has filed
727	727	its recommendations relating to this Act with the governor,
728	728	lieutenant governor, and speaker of the house of representatives
729	729	within the required time.
730	730	(d) The general law relating to consent by political
731	731	subdivisions to the creation of districts with conservation,
732	732	reclamation, and road powers and the inclusion of land in those
733	733	districts has been complied with.
734	734	(e) All requirements of the constitution and laws of this
735	735	state and the rules and procedures of the legislature with respect
736	736	to the notice, introduction, and passage of this Act have been
737	737	fulfilled and accomplished.
738	738	SECTION 4. This Act takes effect immediately if it receives
739	739	a vote of two-thirds of all the members elected to each house, as
740	740	provided by Section 39, Article III, Texas Constitution. If this
741	741	Act does not receive the vote necessary for immediate effect, this
742	742	Act takes effect September 1, 2009.
743	743	______________________________ ______________________________
744	744	President of the Senate Speaker of the House
745	745	I hereby certify that S.B. No. 2507 passed the Senate on
746	746	May 5, 2009, by the following vote: Yeas 31, Nays 0.
747	747	______________________________
748	748	Secretary of the Senate
749	749	I hereby certify that S.B. No. 2507 passed the House on
750	750	May 25, 2009, by the following vote: Yeas 142, Nays 0, three
751	751	present not voting.
752	752	______________________________
753	753	Chief Clerk of the House
754	754	Approved:
755	755	______________________________
756	756	Date
757	757	______________________________
758	758	Governor