S.B. No. 2507
AN ACT
relating to the creation of the Harris County Improvement District
No. 16; providing authority to impose an assessment, impose a tax,
and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3890 to read as follows:
CHAPTER 3890. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 16
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3890.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Houston.
(3) "Director" means a board member.
(4) "District" means the Harris County Improvement
District No. 16.
Sec. 3890.002. NATURE OF DISTRICT. The Harris County
Improvement District No. 16 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3890.003. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing the City of
Houston, Harris County, and other political subdivisions to
contract with the district, the legislature has established a
program to accomplish the public purposes set out in Section 52-a,
Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or Harris County from providing the
level of services provided, as of the effective date of the Act
creating this chapter, to the area in the district. The district is
created to supplement and not to supplant the city and county
services provided in the area in the district.
Sec. 3890.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center;
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty;
and
(4) provide for water, wastewater, drainage, road, and
recreational facilities for the district.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3890.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3890.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
All or any part of the area of the district is eligible to be
included in:
(1) a tax increment reinvestment zone created under
Chapter 311, Tax Code;
(2) a tax abatement reinvestment zone created under
Chapter 312, Tax Code; or
(3) an enterprise zone created under Chapter 2303,
Government Code.
Sec. 3890.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3890.008. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3890.009-3890.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3890.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five voting directors who serve staggered
terms of four years, with two or three directors' terms expiring
June 1 of each odd-numbered year.
(b) The board by resolution may change the number of voting
directors on the board, but only if the board determines that the
change is in the best interest of the district. The board may not
consist of fewer than five or more than 15 voting directors.
Sec. 3890.052. APPOINTMENT OF DIRECTORS. The mayor and
members of the governing body of the city shall appoint voting
directors from persons recommended by the board. A person is
appointed if the majority of the members of the governing body,
including the mayor, vote to appoint that person.
Sec. 3890.053. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No.Name of Director
1 Thad Armstrong
2 Ken Melber
3 Bank Jordan
4 Alan Arnold
5 Pat Walters
(b) Of the initial directors, the terms of directors
appointed for positions 1 through 3 expire June 1, 2011, and the
terms of directors appointed for positions 4 and 5 expire June 1,
2013.
(c) Section 3890.052 does not apply to this section.
(d) This section expires September 1, 2014.
Sec. 3890.054. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3890.055. QUORUM. For purposes of determining the
requirements for a quorum of the board, the following are not
counted:
(1) a board position vacant for any reason, including
death, resignation, or disqualification;
(2) a director who is abstaining from participation in
a vote because of a conflict of interest; or
(3) a nonvoting director.
Sec. 3890.056. COMPENSATION. A director is entitled to
receive fees of office and reimbursement for actual expenses as
provided by Section 49.060, Water Code. Sections 375.069 and
375.070, Local Government Code, do not apply to the board.
[Sections 3890.057-3890.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3890.101. DEVELOPMENT CORPORATION POWERS. The
district may exercise the powers given to a development corporation
under Chapter 505, Local Government Code, including the power to
own, operate, acquire, construct, lease, improve, or maintain a
project described by that chapter.
Sec. 3890.102. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered for purposes of
this chapter to be a local government corporation created under
Chapter 431, Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Chapter 431,
Transportation Code, except that a board member is not required to
reside in the district.
Sec. 3890.103. AGREEMENTS; GRANTS. (a) The district may
make an agreement with or accept a gift, grant, or loan from any
person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3890.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
SERVICES. To protect the public interest, the district may
contract with a qualified person, including Harris County or the
city, for the provision of law enforcement services in the district
for a fee.
Sec. 3890.105. APPROVAL BY CITY. (a) Except as provided
by Subsection (c), the district must obtain approval from the city
for:
(1) the issuance of bonds; and
(2) plans and specifications for an improvement
project related to the use of land owned by the city, an easement
granted by the city, or a right-of-way of a street, road, or
highway.
(b) The approval under Subsection (a)(1) must be by a
resolution or ordinance adopted by the governing body of the city.
The approval under Subsection (a)(2) may be any form of official
approval of the city, including approval by an administrative
process that does not involve the city's governing body.
(c) If the district obtains approval of the city's governing
body for a capital improvements plan for a period not to exceed 10
years, the district may finance the capital improvements and issue
bonds specified in the plan without further city approval.
Sec. 3890.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3890.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
district may establish and provide for the administration of one or
more programs to promote state or local economic development and to
stimulate business and commercial activity in the district,
including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(b) The district has all of the powers of a municipality
under Chapter 380, Local Government Code.
Sec. 3890.108. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
Sec. 3890.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
district may annex land as provided by Subchapter J, Chapter 49,
Water Code.
(b) In addition to the authority to annex provided by
Subsection (a), the board by resolution may annex territory if:
(1) the city's governing body by ordinance or
resolution consents to the annexation;
(2) the board holds a hearing to consider the
annexation; and
(3) the board determines that the annexation is
practicable and in the best interest of the district.
(c) An election is required for an annexation under
Subsection (b) or Section 49.302, Water Code, only if before the
annexation the district held an election at which the voters
approved the imposition of an ad valorem tax or the issuance of
bonds payable wholly or partly from ad valorem taxes.
(d) The district may exclude land as provided by Subchapter
J, Chapter 49, Water Code. Section 375.044(b), Local Government
Code, does not apply to the district.
[Sections 3890.110-3890.150 reserved for expansion]
SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
Sec. 3890.151. PUBLIC TRANSIT SYSTEM. The district may
acquire, lease as lessor or lessee, construct, develop, own,
operate, and maintain a public transit system to serve the area in
the district.
Sec. 3890.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire,
lease as lessor or lessee, construct, develop, own, operate, and
maintain parking facilities or a system of parking facilities,
including:
(1) lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets; and
(2) equipment, entrances, exits, fencing, and other
accessories necessary for safety and convenience in parking
vehicles.
(b) A parking facility of the district may be leased to or
operated on behalf of the district by an entity other than the
district.
(c) The district's parking facilities are a program
authorized by the legislature under Section 52-a, Article III,
Texas Constitution.
(d) The district's parking facilities serve the public
purposes of the district and are owned, used, and held for a public
purpose even if leased or operated by a private entity for a term of
years.
Sec. 3890.153. RULES. The district may adopt rules
governing the district's public transit system or public parking
facilities.
Sec. 3890.154. FINANCING OF PUBLIC PARKING FACILITIES.
(a) The district may use any of its resources, including revenue,
assessments, taxes, or grant or contract proceeds, to pay the cost
of acquiring or operating the district's public transit system or
public parking facilities.
(b) The district may:
(1) set, charge, impose, and collect fees, charges, or
tolls for the use of the district's public transit system or public
parking facilities; and
(2) issue bonds or notes to finance the cost of the
district's public transit system or public parking facilities.
[Sections 3890.155-3890.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 3890.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of directors'
signatures and the procedure required for a disbursement or
transfer of the district's money.
Sec. 3890.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
any improvement or service authorized under this chapter or Chapter
375, Local Government Code, using any money available to the
district.
Sec. 3890.203. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) A petition filed under Subsection (a) must be signed by
the owners of a majority of the assessed value of real property in
the district subject to assessment according to the most recent
certified tax appraisal roll for Harris County.
Sec. 3890.204. METHOD OF NOTICE FOR HEARING. The district
may mail the notice required by Section 375.115(c), Local
Government Code, by certified or first class United States mail.
The board shall determine the method of mailing notice.
Sec. 3890.205. ASSESSMENTS; LIENS FOR ASSESSMENTS.
(a) The board by resolution may impose and collect an assessment
for any purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3890.206. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
Sec. 3890.207. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held in accordance with Section 3890.210,
the district may impose an annual operation and maintenance tax on
taxable property in the district in accordance with Section 49.107,
Water Code, for any district purpose, including to:
(1) maintain and operate the district;
(2) construct or acquire improvements; or
(3) provide a service.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
(c) Section 49.107(h), Water Code, does not apply to the
district.
Sec. 3890.208. AUTHORITY TO BORROW MONEY AND TO ISSUE
BONDS. (a) The district may borrow money on terms and conditions
as determined by the board. Section 375.205, Local Government
Code, does not apply to a loan, line of credit, or other borrowing
from a bank or financial institution secured by revenue other than
ad valorem taxes.
(b) The district may issue by competitive bid or negotiated
sale bonds, notes, or other obligations payable wholly or partly
from ad valorem taxes, assessments, impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources of money, to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations set forth in Section 49.4645,
Water Code, does not apply to the district.
Sec. 3890.209. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct annual ad valorem tax, without limit as to rate or amount,
while all or part of the bonds are outstanding as required and in
the manner provided by Sections 54.601 and 54.602, Water Code.
Sec. 3890.210. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by revenue other than ad valorem taxes.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements which
may be acquired by a district by the issuance of its bonds may be
included in one single proposition to be voted on at the election or
the bonds may be submitted in several propositions.
Sec. 3890.211. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city may not be required to pay a bond, note,
or other obligation of the district.
Sec. 3890.212. COMPETITIVE BIDDING. Subchapter I, Chapter
49, Water Code, applies to the district. Sections 375.221 and
375.223, Local Government Code, do not apply to the district.
Sec. 3890.213. TAX AND ASSESSMENT ABATEMENTS. The district
may grant in the manner provided by Chapter 312, Tax Code, an
abatement for a tax or assessment owed to the district.
[Sections 3890.214-3890.250 reserved for expansion]
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
PROPERTY
Sec. 3890.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The district may define areas or designate
certain property of the district to pay for improvements,
facilities, or services that primarily benefit that area or
property and do not generally and directly benefit the district as a
whole.
Sec. 3890.252. PROCEDURE FOR ELECTION. (a) Before the
district may impose an ad valorem tax or issue bonds payable from ad
valorem taxes of the area defined or property designated under
Section 3890.251, the board must call and hold an election as
provided by Section 3890.210 only in the defined area or in the
boundaries of the designated property.
(b) The board may submit the proposition to the voters on
the same ballot to be used in another election.
Sec. 3890.253. DECLARING RESULT AND ISSUING ORDER. (a) If
a majority of the voters voting at the election approve the
proposition or propositions, the board shall declare the results
and by order shall establish the defined area and describe it by
metes and bounds or designate the specific property.
(b) A court may not review the board's order except on the
ground of fraud, palpable error, or arbitrary and confiscatory
abuse of discretion.
Sec. 3890.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
approval and adoption of the order described in Section 3890.253,
the district may apply separately, differently, equitably, and
specifically its taxing power and lien authority to the defined
area or designated property to provide money to construct,
administer, maintain, and operate services, improvements, and
facilities that primarily benefit the defined area or designated
property.
Sec. 3890.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
Section 3890.253 is adopted, the district may issue bonds to
provide for any land, improvements, facilities, plants, equipment,
and appliances for the defined area or designated property.
SECTION 2. The Harris County Improvement District No. 16
initially includes all territory contained in the following area:
TRACT 1
Description of two tracts of land containing 23.8087 acres
(1,037,107 square feet), Save and Except a 0.1389 acre tract (6,048
square feet), and 4.0627 acres (176,970 square feet), located in
the Juan Sutton Survey, A-751 and the John Robinson Survey, A-680,
Harris County, Texas, and being those two certain tracts, Parcel
"X", 25+ acres and Parcel "Y", 4+ acres, as described in deed from
Corporate Property Investors to Rouse-Almeda, Inc., as recorded
under Harris County Clerk's File No. L484651, said tracts of land
are more particularly described by metes and bounds as follows,
with bearings referenced to the description of said 23.8087 acre
tract:
TRACT 1 - PART A
BEGINNING at a 5/8-inch iron rod found for the intersection
of the northerly right-of-way line of Kingspoint Road (60-foot wide
right-of-way) with the easterly right-of-way line of Kleckley Drive
(80-foot wide right-of-way) as described by City of Houston
Ordinance recorded in Volume 5959, Page 31 of the Harris County Deed
Records, said point being the southwest corner of the herein
described tract;
THENCE North 01 13' 33" West, with the easterly line of said
Kleckley Drive, a distance of 614.96 feet to a cut "X" found at the
southwest corner of a certain 1.00 acre tract as described under
Harris County Clerk's File No. C687380;
THENCE North 88 46' 27" East, leaving said easterly
right-of-way line and with the southerly line of said 1.00 acre
tract, a distance of 200.00 feet to a 1/2-inch iron rod found at the
southeast corner of said tract and an interior corner of the herein
described tract;
THENCE North 01 13' 33" West, with the easterly line of said
1.00 acre tract, a distance of 217.80 feet to a railroad spike found
at the northeast corner of said tract and an interior corner of the
herein described tract;
THENCE South 88 46' 27" West, with the northerly line of said
1.00 acre tract, a distance of 200.00 feet to a 5/8-inch iron rod
found for the northwest corner of said tract and on the easterly
right-of-way line of the aforementioned Kleckley Drive;
THENCE North 01 13' 33" West, with the said easterly
right-of-way line, a distance of 240.92 feet to a 5/8-inch iron rod
found at the most westerly northwest corner of the herein described
tract and the southwest corner of a called 17.1734 acre tract as
described under Harris County Clerk's File No. C200933;
THENCE North 88 46' 27" East, leaving said easterly
right-of-way line and with the southerly line of said 17.1734 acre
tract, a distance of 221.47 feet to a 1/2-inch iron rod found for a
southeast corner of said tract and an interior corner of the herein
described tract;
THENCE North 01 13' 33" West, with an easterly line of said
17.1734 acre tract, a distance of 138.58 feet to 5/8-inch iron rod
found at an angle point;
THENCE North 68 05' 25" East, continuing with said easterly
line, a distance of 20.00 feet to an angle point within a building
column;
THENCE North 21 54' 35" West, continuing with said easterly
line, a distance of 105.94 feet to a nail and washer found at the
most northerly northwest corner of the herein described tract and
an interior corner of said 17.1734 acre tract;
THENCE North 68 05' 25" East, with a southeasterly line of
said 17.1734 acre tract, a distance of 535.50 feet to a 3/4-inch
iron rod found at the most northerly northeast corner of the herein
described tract and an interior corner of said 17.1734 acre tract;
THENCE South 42 35' 38" East, with a southwesterly line of
said 17.1734 acre tract a distance of 251.82 feet to a 1/2-inch iron
rod found for the southwest corner of said tract and an interior
corner of the herein described tract;
THENCE North 47 24' 22" East, with a southeasterly line of
said 17.1734 acre tract, a distance of 278.97 feet to a 5/8-inch
iron rod found at the most easterly southeast corner of said tract
and the most easterly northeast corner of the herein described
tract and on the westerly right-of-way line of I.H. 45 (Gulf
Freeway, width varies);
THENCE South 42 35' 38" East, with the westerly right-of-way
line of said I.H. 45, a distance of 442.06 feet to a 5/8-inch iron
rod found at the most easterly southeast corner of the herein
described tract and the northeast corner of a 13.7382 acre tract as
described under Harris County Clerk's File No. C200933;
THENCE South 47 24' 22" West, leaving said westerly
right-of-way line and with a northwesterly line of said 13.7382
acre tract, a distance of 564.48 feet to a PK nail and washer found
at the northeast corner of a 0.7286 acre tract of land described in
deed to Federated Department Stores as recorded in Volume 6379,
Page 160 of the Deed Records of Harris County, Texas and at an
interior corner of the herein described tract;
THENCE South 21 54' 35" East, with the northeasterly line of
the said 0.7286 acre Federated tract, a distance of 50.00 feet to a
cut "X" found at the east corner of the said 0.7286 acre Federated
tract;
THENCE South 68 05' 25" West, with the southeasterly line of
said 0.7286 acre Federated tract, at 634.76 feet, pass the south
corner of the said 0.7286 acre Federated tract and the north corner
of a 0.7286 acre tract of land described in deed to J.C. Penny as
recorded in Volume 6379, Page 160 of the Deed Records of Harris
County, Texas, and then with the northwesterly line of the said
0.7286 acre J.C. Penny tract, in all a total distance of 695.69 feet
to a 1/2-inch iron rod found at the west corner of said tract and an
interior corner of the herein described tract;
THENCE South 21 54' 35" East, with the southwesterly line of
said 0.7286 acre J.C. Penny tract, a distance of 529.64 feet to a
5/8-inch iron rod found at the southern corner of the said 0.7286
acre J.C. Penny tract and on the northerly line of a Texas Pipe Line
Company fee strip as described in Volume 1770, Page 161 of the Deed
Records of Harris County, Texas;
THENCE South 52 09' 27" West, with the northerly line of said
fee strip, a distance of 36.83 feet to a 5/8-inch iron rod found at
the most westerly southeast corner of the herein described tract
and on the northerly right-of-way line of the aforementioned
Kingspoint Road;
THENCE North 89 47' 33" West, with the northerly right-of-way
line of said Kingspoint Road, a distance of 472.53 feet to the POINT
OF BEGINNING containing a computed area of 23.8087 acres (1,037,107
square feet) of land.
SAVE AND EXCEPT (TRACT 1 - PART A)
SAVE AND EXCEPT that certain 0.1389 acre (6,048 square feet)
tract of land conveyed to the City of Houston, by deed recorded
under County Clerk's File No. N889207 and described as follows:
BEGINNING at a 5/8-inch iron rod found at the intersection of
the northerly right-of way line of Kingspoint Road (60 foot wide
right-of-way) with the easterly right-of-way line of Kleckley Drive
(80-foot wide right-of-way) as described by City of Houston
Ordinance recorded in Volume 5959, Page 31 of the Harris County Deed
Records, said point being the southwest corner of the herein
described tract;
THENCE, North 01 13' 33" West, with the easterly right-of-way
line of said Kleckley Drive, a distance of 55.00 feet to a 5/8-inch
iron rod set at the northwest corner of the herein described tract;
THENCE, South 89 47' 33" East, a distance of 110.00 feet to a
5/8-inch iron rod set at the northeast corner of the herein
described tract;
THENCE, South 01 13' 33" East, a distance of 55.00 feet to a
5/8-inch iron rod set at the southeast corner of the herein
described tract and on the northerly right-of-way line of the
aforesaid Kingspoint Road;
THENCE, North 89 47' 33" West, with the northerly
right-of-way line of said Kingspoint Road, a distance of 110.00
feet to the POINT OF BEGINNING and containing 0.1389 acres (6,048
square feet) of land.
The subject property contains 23.8087 acres (1,037,107
square feet) save and except 0.1389 acres (6,048 square feet) for a
computed net area of 23.6698 acres (1,031,059 square feet).
TRACT 1 - PART B
COMMENCING at a 5/8-inch iron rod found at the intersection
of the northerly right-of-way line of Kingspoint Road (60-foot wide
right-of-way) with the easterly right-of-way line of Kleckley Drive
(80-foot wide right-of-way) as described by City of Houston
Ordinance recorded in Volume 5959, Page 31 of the Harris County Deed
Records:
THENCE, South 89 47' 33" East, with the northerly
right-of-way line of said Kingspoint Road, a distance of 939.74
feet to a 5/8-inch iron rod found for the POINT OF BEGINNING at the
southwest corner of the herein described tract and a southeast
corner of a 13.7382 acre tract as described under Harris County
Clerk's File No. C200932;
THENCE, North 00 12' 27" East, leaving said northerly
right-of-way line and with an easterly line of said 13.7382 acre
tract, a distance of 289.48 feet to a 1/2-inch iron rod set at the
northwest corner of the herein described tract and on the southerly
line of a Texas Pipe Line Company Fee Strip as described in Volume
1770, Page 161 of the Harris County Deed Records;
THENCE, North 52 09' 27" East, with the southerly line of the
said Fee Strip, a distance of 495.62 feet to a 5/8-inch iron rod
found at the northeast corner of the herein described tract and the
northwest corner of a called 10.7966 acre tract as described under
Harris County Clerk's File No. E970132;
THENCE, South 01 12' 33" East, leaving the southerly line of
the said Fee Strip and with the westerly line of the said 10.7966
acre tract, a distance of 595.14 feet to a 5/8-inch iron rod found
at the southeast corner of the herein described tract and on the
northerly line of the aforementioned Kingspoint Road;
THENCE, North 89 47' 33" West, with the northerly line of
said Kingspoint Road, a distance of 405.00 feet to the POINT OF
BEGINNING containing a computed area of 4.0627 acres (176,970
square feet) of land.
The subject property contains 23.8087 acres (1,037,107
square feet) in Tract 1 - Part A, save and except 0.1389 acres
(6,048 square feet), and 4.0627 acres (176,970 square feet) in
Tract 1 - Part B, for a computed net area of 27.7325 acres
(1,208,029 square feet).
TRACT 2
13.7382 acres of land out of that tract of land containing
56.7876 acres described in Exhibit A in deed from James P. Lee,
Trustee, to Federated Department Stores, Inc. as recorded in Volume
5207, Pages 522, et seq., of the Deed Records of Harris County,
Texas, said 56.7876 acres being a part of Block 19 of Genoa Outlots,
a subdivision of the Juan Sutton Survey, Abstract No. 751, and the
John Robinson Survey, Abstract No. 680, in Harris County, Texas,
according to the map of record in Volume 1, Page 1, of the Map
Records of Harris County, Texas, and also being a part of Block 3 of
Acre Home Addition, a subdivision of the Juan Sutton Survey,
Abstract No. 751, and the John Robinson Survey, Abstract No. 680, in
Harris County, Texas, according to the map of record in Volume 4,
Page 28 of the Map Records of Harris County, Texas, the tract herein
described and conveyed being more particularly described by Metes
and Bounds as follows:
BEGINNING at an iron rod on the north right-of-way line of
Kingspoint Road (60 feet wide), said iron rod being located 939.74
feet South 89 degrees 47 minutes 33 seconds East from the
intersection of the north right-of-way line of Kingspoint Road with
the east right-of-way line of Kleckley Drive (80 feet wide), said
iron rod being the southwest corner of a tract, described in deed
from John E. Crosland to Trustees of The Presbytery of Houston,
recorded in Volume 4035, Page 79, of the Deed Records of Harris
County, Texas;
THENCE with the North right-of-way line of Kingspoint Road,
North 89 degrees, 47 minutes, 33 seconds West for a distance of
467.21 feet to a 5/8-inch diameter iron rod found on the northwest
line of a Texas Pipe Line Company Fee strip (60 feet wide) as
described in Volume 1770, Page 161 of the Deed Records of Harris
County, Texas;
THENCE with the northwest line of the said Texas Pipe Line
Company Fee strip, North 52 degrees 09 minutes 27 seconds East, for
a distance of 36.83 feet to a 5/8-inch diameter iron rod found at
the south corner of a 0.7286 acre tract of land described in deed to
J.C. Penny Company as recorded in Volume 6379, Page 156 of the
Harris County Deed Records;
THENCE North 21 degrees 54 minutes 35 seconds West with the
southwesterly line of the said 0.7286 acre J.C. Penny tract for a
distance of 529.64 feet to a 1/2-inch diameter iron rod found at the
western corner of the said 0.7286 acre J.C. Penny tract;
THENCE North 68 degrees 05 minutes 25 seconds East, at 60.93
feet, pass the north corner of the said 0.7286 acre J.C. Penny tract
and the south corner of a 0.7286 acre tract described in deed to
Federated Department Stores as recorded in Volume 6379, Page 160 of
the Deed Records of Harris County, Texas and then with the
southeasterly line of the said 0.7286 acre Federated tract for a
total distance of 695.69 feet to an "X" found scribed in concrete at
the easterly corner of the said 0.7286 acre Federated tract;
THENCE North 21 degrees 54 minutes 35 seconds West with the
easterly line of the said 0.7286 acre Federated tract for a distance
of 50.00 feet to a "P.K." nail and washer found at the north corner
of the said 0.7286 acre Federated tract;
THENCE North 47 degrees 24 minutes 22 seconds East for a
distance of 564.48 feet to a 5/8-inch diameter iron rod found on the
southeasterly right-of-way line of the Gulf Freeway;
THENCE with the southwest right-of-way line of the Gulf
Freeway, South 42 degrees 35 minutes 38 seconds East for a distance
of 414.58 feet to a 5/8-inch diameter iron rod set on the northwest
line of the said Texas Pipe Line Company Fee strip;
THENCE with the northwesterly line of the said Texas Pipe
Line Company Fee strip, South 52 degrees 09 minutes 27 seconds West
for a distance of 868.50 feet to a 1/2-inch diameter iron rod set;
THENCE departing the said Texas Pipe Line Company Fee strip,
South 00 degrees 12 minutes 27 seconds West at 76.20 feet pass the
northwest corner of the said Trustees of the Presbytery of Houston
tract, in all a total distance of 365.68 feet to the POINT OF
BEGINNING containing 14.4703 acres (630.325) square feet) of land.
SAVE AND EXCEPT (TRACT 2)
SAVE AND EXCEPT a tract of land containing 0.7321 acres
(31,890 square feet), being part of the Texas Pipe Line Company Fee
strip and being more particularly described by metes and Bounds as
follows:
COMMENCING at a iron rod on the north right-of-way line of
Kingspoint Road (60 feet wide), said iron rod being located 939.74
feet South 89 degrees 47 minutes 33 seconds East from the
intersection of the north right-of-way line of Kingspoint Road with
the east right-of-way line of Kleckley Drive (80 feet wide), said
iron rod being the southwest corner of a tract, described in deed
from John E. Crosland to Trustees of The Presbytery of Houston,
recorded in Volume 4035, Page 79, of the Deed Records of Harris
County, Texas;
THENCE with the north right-of-way line of Kingspoint Road,
North 89 degrees 47 minutes 33 seconds West 369.86 feet to a
5/8-inch diameter iron rod set on the southeast right-of-way line
of the said Texas Pipe Line Company Fee strip, for POINT OF
BEGINNING of the tract herein described;
THENCE with the north right-of-way line of Kingspoint Road,
North 89 degrees 47 minutes 33 seconds West for a distance of 97.35
feet to a 5/8-inch diameter iron rod found on the northwest line of
the said Texas Pipe Line Company Fee strip;
THENCE with the northwest line of the said Texas Pipe Line
Company Fee strip, North 52 degrees 09 minutes 27 seconds East for a
distance of 593.30 feet to a 1/2-inch diameter iron rod set;
THENCE South 00 degrees 12 minutes 27 seconds West for a
distance of 76.20 feet to a 1/2-inch diameter iron rod set at the
northwest corner of the said Trustees of The Presbytery of Houston
tract and on the south right-of-way line of the said Texas Pipe Line
Company Fee strip;
THENCE with the southeast line of the Texas Pipe Line Company
Fee strip, South 52 degrees 09 minutes 27 seconds West for a
distance of 469.68 feet to the POINT OF BEGINNING containing 0.7321
acres (31,890 square feet) of land.
The subject property contains 14.4703 gross acres (630,325
square feet) less 0.7321 acres (31,890 square feet) in the save and
except tract for a net acreage of 13.7382 acres (598,435 square
feet) of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2507 passed the Senate on
May 5, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2507 passed the House on
May 25, 2009, by the following vote: Yeas 142, Nays 0, three
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor