Texas 2013 - 83rd Regular

Texas House Bill HB1378 Compare Versions

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11 83R21103 JSL-F
22 By: Dutton H.B. No. 1378
33 Substitute the following for H.B. No. 1378:
44 By: Miller of Comal C.S.H.B. No. 1378
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the creation of Harris County Improvement District
1010 No. 23; providing authority to issue bonds; providing authority to
1111 impose assessments, fees, or taxes.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subtitle C, Title 4, Special District Local Laws
1414 Code, is amended by adding Chapter 3910 to read as follows:
1515 CHAPTER 3910. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 23
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 3910.001. DEFINITIONS. In this chapter:
1818 (1) "Board" means the district's board of directors.
1919 (2) "City" means the City of Houston.
2020 (3) "County" means Harris County.
2121 (4) "Director" means a board member.
2222 (5) "District" means the Harris County Improvement
2323 District No. 23.
2424 (6) "East End district" means the Greater East End
2525 Management District created under Chapter 3807.
2626 Sec. 3910.002. NATURE OF DISTRICT. The Harris County
2727 Improvement District No. 23 is a special district created under
2828 Section 59, Article XVI, Texas Constitution.
2929 Sec. 3910.003. PURPOSE; DECLARATION OF INTENT. (a) The
3030 creation of the district is essential to accomplish the purposes of
3131 Sections 52 and 52-a, Article III, and Section 59, Article XVI,
3232 Texas Constitution, and other public purposes stated in this
3333 chapter. By creating the district and in authorizing the city, the
3434 county, and other political subdivisions to contract with the
3535 district, the legislature has established a program to accomplish
3636 the public purposes set out in Section 52-a, Article III, Texas
3737 Constitution.
3838 (b) The creation of the district is necessary to promote,
3939 develop, encourage, and maintain employment, commerce,
4040 transportation, housing, tourism, recreation, the arts,
4141 entertainment, economic development, safety, and the public
4242 welfare in the district, and to accomplish the redevelopment of the
4343 land in the district.
4444 (c) This chapter and the creation of the district may not be
4545 interpreted to relieve the city or the county from providing the
4646 level of services provided as of the effective date of the Act
4747 enacting this chapter to the area in the district. The district is
4848 created to supplement and not to supplant East End district, city,
4949 or county services provided in the district.
5050 Sec. 3910.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
5151 The district is created to serve a public use and benefit.
5252 (b) All land and other property included in the district
5353 will benefit from the improvements and services to be provided by
5454 the district under powers conferred by Sections 52 and 52-a,
5555 Article III, and Section 59, Article XVI, Texas Constitution, and
5656 other powers granted under this chapter.
5757 (c) The creation of the district is in the public interest
5858 and is essential to further the public purposes of:
5959 (1) developing and diversifying the economy of the
6060 state;
6161 (2) eliminating unemployment and underemployment; and
6262 (3) developing or expanding transportation and
6363 commerce.
6464 (d) The district will:
6565 (1) promote the health, safety, and general welfare of
6666 residents, employers, potential employees, employees, visitors,
6767 and consumers in the district, and of the public;
6868 (2) provide needed funding for the district to
6969 preserve, maintain, and enhance the economic health and vitality of
7070 the district territory as a community and business center;
7171 (3) promote the health, safety, welfare, and enjoyment
7272 of the public by providing pedestrian ways and by landscaping and
7373 developing certain areas in the district, which are necessary for
7474 the restoration, preservation, and enhancement of scenic beauty;
7575 and
7676 (4) provide for water, wastewater, drainage, road, and
7777 recreational facilities for the district.
7878 (e) Pedestrian ways along or across a street, whether at
7979 grade or above or below the surface, and street lighting, street
8080 landscaping, parking, and street art objects are parts of and
8181 necessary components of a street and are considered to be a street
8282 or road improvement.
8383 (f) The district will not act as the agent or
8484 instrumentality of any private interest even though the district
8585 will benefit many private interests as well as the public.
8686 Sec. 3910.005. INITIAL DISTRICT TERRITORY. (a) The
8787 district is initially composed of the territory described by
8888 Section 2 of the Act enacting this chapter.
8989 (b) The boundaries and field notes contained in Section 2 of
9090 the Act enacting this chapter form a closure. A mistake in the
9191 field notes or in copying the field notes in the legislative process
9292 does not affect the district's:
9393 (1) organization, existence, or validity;
9494 (2) right to issue any type of bond for the purposes
9595 for which the district is created or to pay the principal of and
9696 interest on the bond;
9797 (3) right to impose or collect an assessment or tax; or
9898 (4) legality or operation.
9999 Sec. 3910.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
100100 All or any part of the area of the district is eligible to be
101101 included in:
102102 (1) a tax increment reinvestment zone created under
103103 Chapter 311, Tax Code;
104104 (2) a tax abatement reinvestment zone created under
105105 Chapter 312, Tax Code;
106106 (3) an enterprise zone created under Chapter 2303,
107107 Government Code; or
108108 (4) an industrial district created under Chapter 42,
109109 Local Government Code.
110110 Sec. 3910.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
111111 DISTRICTS LAW. Except as otherwise provided by this chapter,
112112 Chapter 375, Local Government Code, applies to the district.
113113 Sec. 3910.008. CONSTRUCTION OF CHAPTER. This chapter shall
114114 be liberally construed in conformity with the findings and purposes
115115 stated in this chapter.
116116 SUBCHAPTER B. BOARD OF DIRECTORS
117117 Sec. 3910.051. GOVERNING BODY; TERMS. (a) The district is
118118 governed by a board of nine voting directors who serve staggered
119119 terms of four years, with four or five directors' terms expiring
120120 June 1 of each odd-numbered year.
121121 (b) The board by resolution may change the number of voting
122122 directors on the board if the board determines that the change is in
123123 the best interest of the district. The board may not consist of
124124 fewer than 5 or more than 15 voting directors.
125125 Sec. 3910.052. APPOINTMENT OF VOTING DIRECTORS. The mayor
126126 and members of the governing body of the city shall appoint voting
127127 directors from persons recommended by the board. A person is
128128 appointed if a majority of the members of the governing body and the
129129 mayor vote to appoint that person.
130130 Sec. 3910.053. NONVOTING DIRECTORS. The board may appoint
131131 nonvoting directors to serve at the pleasure of the voting
132132 directors.
133133 Sec. 3910.054. QUORUM. For purposes of determining the
134134 requirements for a quorum of the board, the following are not
135135 counted:
136136 (1) a board position vacant for any reason, including
137137 death, resignation, or disqualification;
138138 (2) a director who is abstaining from participation in
139139 a vote because of a conflict of interest; or
140140 (3) a nonvoting director.
141141 Sec. 3910.055. COMPENSATION. A director is entitled to
142142 receive fees of office and reimbursement for actual expenses as
143143 provided by Section 49.060, Water Code. Sections 375.069 and
144144 375.070, Local Government Code, do not apply to the board.
145145 Sec. 3910.056. INITIAL VOTING DIRECTORS. (a) The initial
146146 board consists of the following voting directors:
147147 Pos. No. Name of Director Pos. No. Name of Director
148148 Pos. No. Name of Director
149149 1 Dan Lipnick 1 Dan Lipnick
150150 1 Dan Lipnick
151151 2 Hien Le 2 Hien Le
152152 2 Hien Le
153153 3 Ndukwe Kalu 3 Ndukwe Kalu
154154 3 Ndukwe Kalu
155155 4 Adam Williams 4 Adam Williams
156156 4 Adam Williams
157157 5 Kenady Davis 5 Kenady Davis
158158 5 Kenady Davis
159159 6 Jeremy Brown 6 Jeremy Brown
160160 6 Jeremy Brown
161161 7 Jon Herbster 7 Jon Herbster
162162 7 Jon Herbster
163163 8 Carver L. Henry 8 Carver L. Henry
164164 8 Carver L. Henry
165165 9 Charles McCloud 9 Charles McCloud
166166 9 Charles McCloud
167167 (b) Of the initial directors, the terms of directors
168168 appointed for positions one through five expire June 1, 2015, and
169169 the terms of directors appointed for positions six through nine
170170 expire June 1, 2017.
171171 (c) Section 3910.052 does not apply to this section.
172172 (d) This section expires September 1, 2017.
173173 SUBCHAPTER C. POWERS AND DUTIES
174174 Sec. 3910.101. GENERAL POWERS AND DUTIES. The district has
175175 the powers and duties necessary to accomplish the purposes for
176176 which the district is created.
177177 Sec. 3910.102. IMPROVEMENT PROJECTS AND SERVICES. Subject
178178 to Section 3910.113, the district may provide, design, construct,
179179 acquire, improve, relocate, operate, maintain, or finance an
180180 improvement project or service using any money available to the
181181 district, or contract with a governmental or private entity to
182182 provide, design, construct, acquire, improve, relocate, operate,
183183 maintain, or finance an improvement or service authorized under
184184 this chapter or Chapter 375, Local Government Code.
185185 Sec. 3910.103. DEVELOPMENT CORPORATION POWERS. The
186186 district, using money available to the district, may exercise the
187187 powers given to a development corporation under Chapter 505, Local
188188 Government Code, including the power to own, operate, acquire,
189189 construct, lease, improve, or maintain a project under that
190190 chapter.
191191 Sec. 3910.104. NONPROFIT CORPORATION. (a) The board by
192192 resolution may authorize the creation of a nonprofit corporation to
193193 assist and act for the district in implementing a project or
194194 providing a service authorized by this chapter.
195195 (b) The nonprofit corporation:
196196 (1) has each power of and is considered to be a local
197197 government corporation created under Subchapter D, Chapter 431,
198198 Transportation Code; and
199199 (2) may implement any project and provide any service
200200 authorized by this chapter.
201201 (c) The board shall appoint the board of directors of the
202202 nonprofit corporation. The board of directors of the nonprofit
203203 corporation shall serve in the same manner as the board of directors
204204 of a local government corporation created under Subchapter D,
205205 Chapter 431, Transportation Code, except that a board member is not
206206 required to reside in the district.
207207 Sec. 3910.105. AGREEMENTS; GRANTS. (a) As provided by
208208 Chapter 375, Local Government Code, the district may make an
209209 agreement with or accept a gift, grant, or loan from any person.
210210 (b) The implementation of a project is a governmental
211211 function or service for the purposes of Chapter 791, Government
212212 Code.
213213 Sec. 3910.106. LAW ENFORCEMENT SERVICES. To protect the
214214 public interest, the district may contract with a qualified party,
215215 including the county or the city, to provide law enforcement
216216 services in the district for a fee.
217217 Sec. 3910.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
218218 district may join and pay dues to a charitable or nonprofit
219219 organization that performs a service or provides an activity
220220 consistent with the furtherance of a district purpose.
221221 Sec. 3910.108. ECONOMIC DEVELOPMENT. (a) The district may
222222 engage in activities that accomplish the economic development
223223 purposes of the district.
224224 (b) The district may establish and provide for the
225225 administration of one or more programs to promote state or local
226226 economic development and to stimulate business and commercial
227227 activity in the district, including programs to:
228228 (1) make loans and grants of public money; and
229229 (2) provide district personnel and services.
230230 (c) The district may create economic development programs
231231 and exercise the economic development powers provided to
232232 municipalities by:
233233 (1) Chapter 380, Local Government Code; and
234234 (2) Subchapter A, Chapter 1509, Government Code.
235235 Sec. 3910.109. PARKING FACILITIES. (a) The district may
236236 acquire, lease as lessor or lessee, construct, develop, own,
237237 operate, and maintain parking facilities or a system of parking
238238 facilities, including lots, garages, parking terminals, or other
239239 structures or accommodations for parking motor vehicles off the
240240 streets and related appurtenances.
241241 (b) The district's parking facilities serve the public
242242 purposes of the district and are owned, used, and held for a public
243243 purpose even if leased or operated by a private entity for a term of
244244 years.
245245 (c) The district's parking facilities are parts of and
246246 necessary components of a street and are considered to be a street
247247 or road improvement.
248248 (d) The development and operation of the district's parking
249249 facilities may be considered an economic development program.
250250 Sec. 3910.110. ANNEXATION OF LAND. The district may annex
251251 land as provided by Subchapter J, Chapter 49, Water Code.
252252 Sec. 3910.111. NAVIGATION DISTRICT POWERS. (a) The
253253 district has the powers provided by the general law of this state
254254 applicable to navigation districts created under Section 59,
255255 Article XVI, Texas Constitution, including Chapters 60 and 62,
256256 Water Code.
257257 (b) The district may purchase, construct, acquire, own,
258258 operate, maintain, improve, or extend, inside and outside the
259259 district, a canal, waterway, bulkhead, dock, or other improvement
260260 or facility necessary or convenient to accomplish the navigation
261261 purposes of the district.
262262 Sec. 3910.112. APPROVAL BY CITY. (a) Except as provided by
263263 Subsection (c), the district must obtain the approval of the city
264264 for:
265265 (1) the issuance of bonds;
266266 (2) the plans and specifications of an improvement
267267 project financed by bonds; and
268268 (3) the plans and specifications of an improvement
269269 project related to the use of land owned by the city, an easement
270270 granted by the city, or a right-of-way of a street, road, or
271271 highway.
272272 (b) The district may not issue bonds until the governing
273273 body of the city adopts a resolution or ordinance authorizing the
274274 issuance of the bonds.
275275 (c) If the district obtains the approval of the city's
276276 governing body of a capital improvements budget for a period not to
277277 exceed 10 years, the district may finance the capital improvements
278278 and issue bonds specified in the budget without further approval
279279 from the city.
280280 (d) The governing body of the city:
281281 (1) is not required to adopt a resolution or ordinance
282282 to approve plans and specifications described by Subsection (a);
283283 and
284284 (2) may establish an administrative process to approve
285285 plans and specifications described by Subsection (a) without the
286286 involvement of the governing body.
287287 Sec. 3910.113. COORDINATION WITH EAST END DISTRICT. In
288288 determining the improvement projects or services the district
289289 provides, the district shall coordinate its efforts with the
290290 efforts of the East End district to achieve governmental efficiency
291291 and avoid duplication of improvement projects or services. The
292292 district may not duplicate an improvement project or service that
293293 the East End district provides in the same territory.
294294 Sec. 3910.114. NO EMINENT DOMAIN POWER. The district may
295295 not exercise the power of eminent domain.
296296 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
297297 Sec. 3910.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
298298 board by resolution shall establish the number of directors'
299299 signatures and the procedure required for a disbursement or
300300 transfer of district money.
301301 Sec. 3910.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
302302 The district may acquire, construct, finance, operate, or maintain
303303 any improvement or service authorized under this chapter or Chapter
304304 375, Local Government Code, using any money available to the
305305 district.
306306 Sec. 3910.153. PETITION REQUIRED FOR FINANCING SERVICES AND
307307 IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
308308 service or improvement project with assessments under this chapter
309309 unless a written petition requesting that service or improvement
310310 has been filed with the board.
311311 (b) A petition filed under Subsection (a) must be signed by
312312 the owners of a majority of the assessed value of real property in
313313 the district subject to assessment according to the most recent
314314 certified tax appraisal roll for the county.
315315 Sec. 3910.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
316316 The board by resolution may impose and collect an assessment for any
317317 purpose authorized by this chapter in all or any part of the
318318 district.
319319 (b) An assessment, a reassessment, or an assessment
320320 resulting from an addition to or correction of the assessment roll
321321 by the district, penalties and interest on an assessment or
322322 reassessment, an expense of collection, and reasonable attorney's
323323 fees incurred by the district:
324324 (1) are a first and prior lien against the property
325325 assessed;
326326 (2) are superior to any other lien or claim other than
327327 a lien or claim for county, school district, or municipal ad valorem
328328 taxes; and
329329 (3) are the personal liability of and a charge against
330330 the owners of the property even if the owners are not named in the
331331 assessment proceedings.
332332 (c) The lien is effective from the date of the board's
333333 resolution imposing the assessment until the date the assessment is
334334 paid. The board may enforce the lien in the same manner that the
335335 board may enforce an ad valorem tax lien against real property.
336336 (d) The board may make a correction to or deletion from the
337337 assessment roll that does not increase the amount of assessment of
338338 any parcel of land without providing notice and holding a hearing in
339339 the manner required for additional assessments.
340340 Sec. 3910.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section
341341 375.161, Local Government Code, does not apply to a tax authorized
342342 or approved by the voters of the district or a required payment for
343343 a service provided by the district, including water and sewer
344344 services.
345345 Sec. 3910.156. NOTICE TO EAST END DISTRICT. The district
346346 shall send to the board of directors of the East End district notice
347347 of a hearing regarding an improvement project or service that is to
348348 be financed with assessments under this chapter. The district shall
349349 send the notice by certified mail, return receipt requested, or by
350350 another method determined by the board to provide adequate proof
351351 that the notice was timely mailed, not later than the 30th day
352352 before the date of the hearing. The notice must contain the
353353 information required by Section 375.115(b), Local Government Code.
354354 Sec. 3910.157. TAX AND ASSESSMENT ABATEMENTS. The district
355355 may designate reinvestment zones and may grant abatements of
356356 district taxes or assessments on property in the zones.
357357 SUBCHAPTER E. TAXES AND BONDS
358358 Sec. 3910.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
359359 The district may issue, without an election, bonds, notes, and
360360 other obligations secured by:
361361 (1) revenue other than ad valorem taxes; or
362362 (2) contract payments described by Section 3910.203.
363363 (b) The district must hold an election in the manner
364364 provided by Subchapter L, Chapter 375, Local Government Code, to
365365 obtain voter approval before the district may impose an ad valorem
366366 tax or issue bonds payable from ad valorem taxes.
367367 (c) Section 375.243, Local Government Code, does not apply
368368 to the district.
369369 (d) All or any part of any facilities or improvements that
370370 may be acquired by a district by the issuance of its bonds may be
371371 submitted as a single proposition or as several propositions to be
372372 voted on at the election.
373373 Sec. 3910.202. OPERATION AND MAINTENANCE TAX. (a) If
374374 authorized by a majority of the district voters voting at an
375375 election held in accordance with Section 3910.201, the district may
376376 impose an operation and maintenance tax on taxable property in the
377377 district in accordance with Section 49.107, Water Code, for any
378378 district purpose, including to:
379379 (1) maintain and operate the district;
380380 (2) construct or acquire improvements; or
381381 (3) provide a service.
382382 (b) The board shall determine the tax rate. The rate may not
383383 exceed the rate approved at the election.
384384 (c) Section 49.107(h), Water Code, does not apply to the
385385 district.
386386 Sec. 3910.203. CONTRACT TAXES. (a) In accordance with
387387 Section 49.108, Water Code, the district may impose a tax other than
388388 an operation and maintenance tax and use the revenue derived from
389389 the tax to make payments under a contract after the provisions of
390390 the contract have been approved by a majority of the district voters
391391 voting at an election held for that purpose.
392392 (b) A contract approved by the district voters may contain a
393393 provision stating that the contract may be modified or amended by
394394 the board without further voter approval.
395395 Sec. 3910.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
396396 AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
397397 determined by the board. Section 375.205, Local Government Code,
398398 does not apply to a loan, line of credit, or other borrowing from a
399399 bank or financial institution secured by revenue other than ad
400400 valorem taxes.
401401 (b) The district may issue bonds, notes, or other
402402 obligations payable wholly or partly from ad valorem taxes,
403403 assessments, impact fees, revenue, contract payments, grants, or
404404 other district money, or any combination of those sources of money,
405405 to pay for any authorized district purpose.
406406 (c) The limitation on the outstanding principal amount of
407407 bonds, notes, and other obligations provided by Section 49.4645,
408408 Water Code, does not apply to the district.
409409 Sec. 3910.205. TAXES FOR BONDS. At the time the district
410410 issues bonds payable wholly or partly from ad valorem taxes, the
411411 board shall provide for the annual imposition of a continuing
412412 direct annual ad valorem tax, without limit as to rate or amount,
413413 for each year that all or part of the bonds are outstanding as
414414 required and in the manner provided by Sections 54.601 and 54.602,
415415 Water Code.
416416 Sec. 3910.206. CITY NOT REQUIRED TO PAY DISTRICT
417417 OBLIGATIONS. Except as provided by Section 375.263, Local
418418 Government Code, the city is not required to pay a bond, note, or
419419 other obligation of the district.
420420 SECTION 2. The Harris County Improvement District No. 23
421421 initially includes all territory contained in the following area:
422422 TRACT 1
423423 Being a 102.136 acre (4,449,039 square feet) tract of land
424424 situated in the S.M. Harris Survey, Abstract No. 327, the Darius
425425 Gregg Survey, Abstract No. 283 and the Harris & Wilson Survey,
426426 Abstract No. 32, Harris County, Texas, being a portion of a called
427427 104.25 acre tract described as Tract 1, Exhibit F and a portion of
428428 Tract 5, Exhibit F, both described in a special warranty deed dated
429429 January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE
430430 SERVICES, INC. as recorded under File No. M938947 of the Harris
431431 County Official Public Records of Real Property (H.C.O.P.R.R.P.),
432432 being all of a called 2.736 acre tract conveyed in a special
433433 warranty deed dated May 24, 2004 from KELLOGG BROWN & ROOT, INC. to
434434 KBR TECHNICAL SERVICES, INC. as recorded under File No. X640714 of
435435 said H.C.O.P.R.R.P. and being all of a called 0.0784 acre tract
436436 conveyed in warranty deed dated June 21, 1990 from ADAMS RESOURCES &
437437 ENERGY, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as recorded
438438 under File No. M691219 of said H.C.O.P.R.R.P., said 102.136 acre
439439 tract being all of Blocks 50, 51 and 60 of the L.B. Swiney's
440440 Addition, a subdivision of record according to the map or plat
441441 thereof recorded under Volume 6, Page 610 of the Harris County Deed
442442 Records (H.C.D.R.), being all of Blocks 4 and 25 of the Cage
443443 Addition, a subdivision of record according to the map or plat
444444 thereof recorded under Volume 43, Page 385 of said H.C.D.R. and
445445 being a portion of Lots 1 through 8, Block 4 of the William A. Wilson
446446 Company Subdivision, a subdivision of record according to the map
447447 or plat thereof recorded under Volume 317, Page 298 of said
448448 H.C.D.R., said 102.136 acre tract being more particularly described
449449 by metes and bounds as follows with all bearings referenced to the
450450 Texas State Plane Coordinate System of 1983 (1993 Adjustment),
451451 South Central Zone. All coordinates and distances shown herein are
452452 surface values and may be converted to grid by multiplying by a
453453 combined scale factor of 0.999889585;
454454 BEGINNING at a 5/8-inch iron rod (N = 13,845,069.64, East =
455455 3,131,004.78) found at the point of intersection of the southerly
456456 right-of-way line of Richardson Drive (40' wide) with the easterly
457457 right-of way line of Grove Street (60' wide) for the northwest
458458 corner of Block 50 of said L.B. Swiney's Addition and being the most
459459 westerly northwest corner of said 104.25 acre tract;
460460 THENCE, North 87°03'43" East, along the southerly
461461 right-of-way line of Richardson Drive, a distance of 275.58 feet to
462462 a PK nail found for corner at the intersection of the easterly
463463 projection of the southerly right-of-way line of Richardson Drive
464464 with the southerly projection of the easterly right-of-way line of
465465 Gregg Street for an angle point in said 104.25 acre tract;
466466 THENCE, North 02°36'08" West, along the projected easterly
467467 right-of-way line of Gregg Street, passing at a distance of 31.07
468468 feet, the southwest corner of Block 4 of said Cage Addition, same
469469 being an angle point in said 104.25 acre tract, and continuing along
470470 the easterly right-of-way line of Gregg Street and the westerly
471471 line of said Block 4 for a total distance of 231.07 feet to a 5/8-
472472 inch iron rod with plastic cap stamped "SURVCON INC." set in the
473473 southerly right-of-way line of Clinton Drive (width varies) for the
474474 northwest corner of said Block 4;
475475 THENCE, along the southerly right-of-way line of Clinton
476476 Drive, the following courses:
477477 North 87°23'52" East, a distance of 540.00 feet to an "X"
478478 in concrete found in the westerly right-of-way line of Bringhurst
479479 Street (40' wide) for angle point and being the northeast corner of
480480 Block 25 of said Cage Addition;
481481 North 74°45'40" East, a distance of 51.25 feet to a
482482 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set in the
483483 easterly right-of-way line of Bringhurst Street for the beginning
484484 of a non-tangent curve to the left;
485485 An arc distance of 228.80 feet, along said curve to the
486486 left, having a radius of 340.40 feet, a delta angle of 38°30'38" and
487487 a chord bearing and distance of North 61°04'34" East, 224.51 feet to
488488 a 5/8-inch iron rod found for a point of tangency;
489489 North 41°49'15" East, a distance of 12.60 feet to a
490490 5/8-inch iron rod found for corner;
491491 South 87°24'15" West, a distance of 11.40 feet to a
492492 5/8-inch iron rod found for corner;
493493 North 41°49'15" East, a distance of 31.00 feet a point
494494 for the beginning of a non-tangent curve to the right, from which a
495495 found 5/8-inch iron rod bears North 60°15' East, 0.33 feet;
496496 An arc distance of 170.31 feet, along said curve to the
497497 right, having a radius of 272.90 feet, a delta angle of 35°45'21" and
498498 a chord bearing and distance of North 59°41'56" East, 167.56 feet to
499499 an "X" in concrete found for the end of said curve to the right;
500500 North 87°24'15" East, passing at a distance of 1,133.91
501501 feet, a 5/8-inch iron rod found for the northwest corner of said
502502 2.736 acre tract, continuing and passing at a distance of 1,193.91
503503 feet, a 5/8-inch iron rod found for the northeast corner of said
504504 2.736 acre tract, and continuing for a total distance of 1,293.20
505505 feet to a 5/8-inch iron rod found for the most northerly northeast
506506 corner of said 104.25 acre tract;
507507 South 02°51'30" East, a distance of 10.55 feet to a
508508 5/8-inch iron rod found for angle point;
509509 North 87°08'30" East, passing at a distance of 80.00
510510 feet, the northwest corner of said 0.0784 acre tract, and
511511 continuing for a total distance of 228.00 feet to a 5/8-inch iron
512512 rod found for a cutback corner, same being the most northerly
513513 northeast corner of said 0.0784 acre tract;
514514 THENCE, South 47°51'30" East, along a cutback line, a distance
515515 of 21.21 feet to a 5/8-inch iron rod with plastic cap stamped
516516 "SURVCON INC." set for corner in the westerly right-of-way line of
517517 Hirsch Street (100 feet wide), same being the most easterly
518518 northeast corner of said 0.0784 acre tract;
519519 THENCE, South 02°51'30" East, along said westerly
520520 right-of-way line of Hirsch Street and the easterly line of said
521521 0.0784 acre tract, passing at a distance of 179.15 feet, a 1/2-inch
522522 iron rod found for the southeast corner of said 0.0784 acre tract
523523 and the most easterly northeast corner of said 104.25 acre tract,
524524 continuing along said westerly right-of-way line of Hirsch Street
525525 and the easterly line of said 104.25 acre tract, passing at a
526526 distance of 660.00 feet, a 5/8-inch iron rod found for an angle
527527 point in said 104.25 acre tract, same being the northwest corner of
528528 a called 0.2865 acre roadway easement conveyed to the City of
529529 Houston and described as Tract 4 in deed recorded in Volume 3468,
530530 Page 487 of said H.C.D.R., and continuing along the westerly
531531 right-of-way easement line of Hirsch Street, for a total distance
532532 of 818.07 feet to a point for the beginning of a tangent curve to the
533533 right;
534534 THENCE, an arc distance of 1,095.02 feet, continuing along
535535 said westerly right-of-way easement line of Hirsch Street and along
536536 said curve to the right, having a radius of 1,587.02 feet, a delta
537537 angle of 39°32'00" and a chord bearing and distance of South
538538 16°54'30" West, 1,073.43 feet to 3/4-inch iron rod found for the
539539 point of tangency;
540540 THENCE, South 36°40'30" West, continuing along said westerly
541541 right-of-way easement line of Hirsch Street, a distance of 85.13
542542 feet to a point in the northerly line of Buffalo Bayou and the
543543 southerly line of said 104.25 acre tract;
544544 THENCE, along the meanders of the northerly line of Buffalo
545545 Bayou and along the southerly line of said 104.25 acre tract, the
546546 following courses:
547547 North 81°21'02" West, a distance of 294.22 feet to a
548548 point for corner;
549549 South 81°17'51" West, a distance of 92.69 feet to a point
550550 for corner;
551551 South 71°46'20" West, a distance of 87.60 feet to a point
552552 for corner;
553553 South 56°00'12" West, a distance of 139.78 feet to a
554554 point for corner;
555555 South 42°22'06" West, a distance of 530.18 feet to a
556556 point for corner;
557557 South 86°47'52" West, a distance of 13.79 feet to a point
558558 for corner;
559559 South 43°55'05" West, a distance of 65.25 feet to a point
560560 for corner;
561561 South 74°12'42" West, a distance of 73.39 feet to a point
562562 for corner;
563563 South 80°29'10" West, a distance of 95.12 feet to a point
564564 for corner;
565565 North 62°25'33" West, a distance of 84.80 feet to a point
566566 for corner;
567567 North 23°26'39" West, a distance of 96.22 feet to a point
568568 for corner;
569569 North 48°58'41" West, a distance of 75.07 feet to a point
570570 for corner;
571571 North 22°52'13" West, a distance of 70.85 feet to a point
572572 for corner;
573573 North 00°23'51" East, a distance of 570.94 feet to a
574574 point for the most southerly corner of said 2.736 acre tract;
575575 North 00°03'45" East, along the westerly line of said
576576 2.736 acre tract, a distance of 60.38 feet to an angle point in the
577577 northwesterly line of said 2.736 acre tract;
578578 North 17°43'38" West, a distance of 86.97 feet to a point
579579 for corner;
580580 North 35°56'28" West, a distance of 143.97 feet to a
581581 point for corner;
582582 North 61°18'39" West, a distance of 144.29 feet to a
583583 point for corner;
584584 North 83°06'56" West, a distance of 306.10 feet to a
585585 point for corner;
586586 South 88°11'58" West, a distance of 152.95 feet to a
587587 point for corner;
588588 North 89°23'55" West, a distance of 158.35 feet to a
589589 point for corner;
590590 North 81°40'26" West, a distance of 86.39 feet to a point
591591 for corner;
592592 North 79°43'08" West, a distance of 97.41 feet to a point
593593 in said easterly right-of-way line of Grove Street for the
594594 southwest corner of said 104.25 acre tract;
595595 THENCE, North 02°56'17" West, along said easterly
596596 right-of-way line of Grove Street and the westerly line of said
597597 104.25 acre tract, passing at a distance of 65.05 feet, a found
598598 5/8-inch iron rod, and continuing for a total distance of 705.08
599599 feet to the POINT OF BEGINNING, containing a computed area of
600600 102.136 acres (4,449,039 square feet) of land. Said 102.136 acre
601601 tract being subject to portions of three (3) existing roadways
602602 defined as follows: 1.) a 0.542 acre (23,589 square feet) tract
603603 within the right-of-way of Richardson Drive between the easterly
604604 right- of-way line of Gregg Street and the easterly right-of-way
605605 line of Bringhurst Street, 2.) a 0.184 acre (7,997 square feet)
606606 tract within the right-of-way of Cage Street between the southerly
607607 right- of-way line of Clinton Drive and the northerly right-of-way
608608 line of Richardson Drive and 3.) a 0.236 acre (10,280 square feet)
609609 tract within the right-of-way of Bringhurst Street between the
610610 southerly right-of-way line of Clinton Drive and the northerly
611611 right-of-way line of Richardson Drive.
612612 TRACT 2
613613 Being a 4.059 acre (176,821 square feet) tract of land
614614 situated in the Darius Gregg Survey, Abstract No. 283 and the Harris &
615615 Wilson Survey, Abstract No. 32, Harris County, Texas, being a
616616 portion of a called 104.25 acre tract described as Tract 1 of
617617 Exhibit F in a special warranty deed dated January 2, 1990 from
618618 BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as
619619 recorded under File No. M938947 of the Harris County Official
620620 Public Records of Real Property (H.C.O.P.R.R.P.), said 4.059 acre
621621 tract being more particularly described by metes and bounds as
622622 follows with all bearings referenced to the Texas State Plane
623623 Coordinate System of 1983 (1993 Adjustment), South Central Zone.
624624 All coordinates and distances shown herein are surface values and
625625 may be converted to grid by multiplying by a combined scale factor
626626 of 0.999889585:
627627 BEGINNING at a 5/8-inch iron rod (N = 13,844,963.67, East =
628628 3,133,786.01) found in the existing westerly right-of-way line of
629629 Hirsch Street (width varies) for an angle point in the easterly line
630630 of said 104.25 acre tract, same being the northwest corner of a
631631 called 0.2865 acre roadway easement conveyed to the City of Houston
632632 and described as Tract 4 in deed recorded in Volume 3468, Page 487
633633 of the Harris County Deed Records (H.C.D.R.);
634634 THENCE, North 87°42'30" East, along the easterly line of said
635635 104.25 acre tract and along the northerly line of said 0.2865 acre
636636 roadway easement, a distance of 41.88 feet to an "X" in concrete
637637 found for an angle point in the easterly line of said 104.25 acre
638638 tract and the northeast corner of said 0.2865 acre roadway
639639 easement;
640640 THENCE, South 02°17'32" East, along the easterly line of said
641641 104.25 acre tract, a distance of 1,163.73 feet to a point in the
642642 northerly line of Buffalo Bayou;
643643 THENCE, along the meanders of the northerly line of Buffalo
644644 Bayou and along the southerly line of said 104.25 acre tract, the
645645 following courses:
646646 South 40°14'22" West, a distance of 42.90 feet to a point
647647 for corner;
648648 South 75°00'39" West, a distance of 50.16 feet to a point
649649 for corner;
650650 South 84°00'51" West, a distance of 77.13 feet to a point
651651 for corner;
652652 South 83°31'17" West, a distance of 214.24 feet to a
653653 point for corner;
654654 South 74°08'41" West, a distance of 61.85 feet to a point
655655 for corner;
656656 North 81°21'02" West, a distance of 18.52 feet to a point
657657 for the southwest corner of a called 1,595 square foot roadway
658658 easement conveyed to the City of Houston and described as Tract 1 in
659659 deed recorded in Volume 3468, Page 487 of said H.C.D.R.;
660660 THENCE, North 36°40'30" East, along the westerly right-of-way
661661 easement line of Hirsch Street, a distance of 85.13 feet to a
662662 3/4-inch iron rod found for the beginning of a tangent curve to the
663663 left;
664664 THENCE, an arc distance of 1,095.02 feet, continuing along
665665 the westerly right-of-way easement line of Hirsch Street and along
666666 said curve to the left, having a radius of 1,587.02 feet, a delta
667667 angle of 39°32'00" and a chord bearing and distance of North
668668 16°54'30" East, 1,073.43 feet to the point of tangency;
669669 THENCE, North 02°51'30" West, continuing along the westerly
670670 right-of-way easement line of Hirsch Street, a distance of 158.07
671671 feet to the POINT OF BEGINNING, containing a computed area of 4.059
672672 acres (176,821 square feet) of land. Said 4.059 acre tract being
673673 subject to an existing roadway easement defined as follows: a 2.392
674674 acre (104,206 square feet) tract within the right-of-way easement
675675 of Hirsch Street along the westerly line of said 4.059 acre tract.
676676 TRACT 3
677677 Being a 24.983 acre (1,088,253 square feet) tract of land
678678 situated in the S.M. Harris Survey, Abstract No. 327, Harris
679679 County, Texas, and being all of a called 24.92 acre tract described
680680 as Tract 2 of Exhibit F in a special warranty deed dated January 2,
681681 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES,
682682 INC. as recorded under File No. M938947 of the Harris County
683683 Official Public Records of Real Property (H.C.O.P.R.R.P.), same
684684 being all of Blocks 43, 44, 45 46, 47, 48, 53, 54, 55, 56, 57 and 58
685685 of the L.B. Swiney's Addition, a subdivision of record according to
686686 the map or plat thereof recorded under Volume 6, Page 610 of the
687687 Harris County Deed Records (H.C.D.R.), said Blocks 43, 44 and 45
688688 also being defined in the Swiney Addition, a subdivision of record
689689 according to the map or plat thereof recorded under Volume 1A, Page
690690 65 of the Harris County Map Records (H.C.M.R.), and being all of
691691 Blocks 16, 17, 18, 21 and Tract C of the Barnes & Wetmore Addition, a
692692 subdivision of record according to the map or plat thereof recorded
693693 under Volume 37, Page 77 of said H.C.M.R., and being all of Lots 1,
694694 2, 3, 4, 7, 8, 9, 10 and 11 and a portion of Lot 6 of Block 19, all of
695695 Lots 1, 2, 3, 4, 12, 13 and 14 and a portion of Lots 5 and 10 of Block
696696 20 and a portion of Tract B, all of said Barnes & Wetmore Addition,
697697 and being a portion of the abandoned public streets by City of
698698 Houston Ordinance No.(s) 2601, 2988 and 2986, as recorded in Volume
699699 1779, Page 159, Volume 1825, Page 235 and Volume 3218, Page 132,
700700 respectively, all of said H.C.D.R., said 24.983 acre tract being
701701 more particularly described by metes and bounds as follows with all
702702 bearings referenced to the Texas State Plane Coordinate System of
703703 1983 (1993 Adjustment), South Central Zone. All coordinates and
704704 distances shown herein are surface values and may be converted to
705705 grid by multiplying by a combined scale factor of 0.999889585:
706706 BEGINNING at a 5/8-inch iron rod (N = 13,845,290.36, East =
707707 3,130,622.97) found at the point of intersection of the southerly
708708 right-of-way line of Clinton Drive (width varies) with the westerly
709709 right-of way line of Bayou Street (60' wide) for the common
710710 northeast corner of said 24.92 acre tract and Lot 1, Block 43 of
711711 said L.B. Swiney's Addition;
712712 THENCE, South 02°56'17" East, along the westerly right-of-way
713713 line of Bayou Street and the easterly line of said 24.92 acre tract,
714714 passing at a distance of 750.00 feet, a found 5/8-iron rod, and
715715 continuing for a total distance of 811.60 feet to a point in the
716716 northerly line of Buffalo Bayou for the common southeast corner of
717717 said 24.92 acre tract and said Block 58;
718718 THENCE, along the meanders of the northerly line of Buffalo
719719 Bayou and along the southerly line of said 24.92 acre tract, the
720720 following courses:
721721 North 84°59'39" West, a distance of 126.92 feet to a
722722 point for corner;
723723 South 85°43'56" West, a distance of 185.30 feet to a
724724 point for corner;
725725 South 72°56'47" West, a distance of 78.42 feet to a point
726726 for corner;
727727 South 56°53'10" West, a distance of 405.98 feet to a
728728 point for corner;
729729 South 60°22'55" West, a distance of 78.78 feet to a point
730730 for corner;
731731 South 72°14'30" West, a distance of 84.28 feet to a point
732732 for corner;
733733 South 84°58'16" West, a distance of 63.45 feet to a point
734734 for corner;
735735 North 87°53'15" West, a distance of 129.94 feet to a
736736 point for the southwest corner of said 24.92 acre tract;
737737 THENCE, along the westerly line of said 24.92 acre tract, the
738738 following courses:
739739 North 06°46'38" West, a distance of 263.23 feet to a
740740 point for corner, from which a found 5/8-inch iron rod bears South
741741 73°45' West, 0.30 feet;
742742 North 12°46'38" West, a distance of 185.40 feet to a
743743 point for corner, from which a found 5/8-inch iron rod bears South
744744 88°16' East, 0.33 feet;
745745 North 22°58'38" West, a distance of 192.60 feet to a
746746 point for corner, from which a found 5/8-inch iron rod bears South
747747 00°00' West, 0.21 feet;
748748 North 15°42'38" West, a distance of 131.20 feet to a
749749 point for corner, from which a found 5/8-inch iron rod bears South
750750 44°08' East, 0.23 feet;
751751 North 05°54'38" West, a distance of 286.20 feet to a 60d
752752 nail found for corner;
753753 North 02°42'02" East, a distance of 29.48 feet to a point
754754 for corner in the southerly right-of-way line of Clinton Drive for
755755 the northwest corner of said 24.92 acre tract, from which a found
756756 5/8-inch iron rod bears South 83°37' East, 0.20 feet;
757757 THENCE, North 87°03'43" East, along the southerly
758758 right-of-way line of Clinton Drive, a distance of 1,238.93 feet to
759759 the POINT OF BEGINNING, containing a computed area of 24.983 acres
760760 (1,088,253 square feet) of land. Said 24.983 acre tract being
761761 subject to portions of three (3) existing roadways defined as
762762 follows: 1.) a 0.753 acre (32,800 square feet) tract within the
763763 right- of-way of Richardson Drive between the westerly right-of-way
764764 line of Bayou Street and a line 200 feet west of the westerly
765765 right-of-way line of Meadow Street, 2.) a 0.275 acre (12,000 square
766766 feet) tract within the right-of-way of Meadow Street between the
767767 southerly right-of-way line of Clinton Drive and the northerly
768768 right-of-way line of Richardson Drive and 3.) a 0.275 acre (12,000
769769 square feet) tract within the right-of-way of Sydnor Street between
770770 the southerly right-of-way line of Clinton Drive and the northerly
771771 right-of-way line of Richardson Drive.
772772 TRACTS 4-7
773773 Being 4.592 acres (200,000 square feet) of land situated in
774774 the S. M. Harris Survey, Abstract No. 327 and being out of the L.B.
775775 Swiney's Addition, a subdivision of record according to the map or
776776 plat thereof recorded under Volume 6, Page 610 of the Harris County
777777 Deed Records (H.C.D.R.). Said 4.592 acre tract being comprised of
778778 four (4) tracts defined as follows:
779779 TRACT 4
780780 A 1.148 acre (50,000 square feet) tract of land, being all of
781781 Lots 1 through 10, Block 52 of said L.B. Swiney's Addition, being a
782782 portion of Tracts 4 and 5 of Exhibit F as described in deed dated
783783 January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE
784784 SERVICES, INC. as recorded under File No. M938947 of the Harris
785785 County Official Public Records of Real Property (H.C.O.P.R.R.P.).
786786 TRACT 5
787787 A 1.148 acre (50,000 square feet) tract of land, being all of
788788 Lots 1 through 10, Block 49 of said L.B. Swiney's Addition and
789789 described as follows: All of Lots 1 through 7 and Lot 10, Block 49,
790790 being a portion of Tract 4 of Exhibit F as described in said deed
791791 recorded under File No. M938947 of said H.C.O.P.R.R.P.; and all of
792792 Lots 8 and 9, Block 49 described as a called 10,000 square foot
793793 tract of land addressed in a May 22, 1996 motion under City of
794794 Houston Ordinance 96-456 as recorded under File No. S023877 of said
795795 H.C.O.P.R.R.P., said 10,000 square foot tract of land being
796796 conveyed in a special warranty deed dated July 18, 1996 from the
797797 City of Houston to BROWN & ROOT CORPORATE SERVICES, INC. as recorded
798798 under File No. S023876 of said H.C.O.P.R.R.P.
799799 TRACT 6
800800 A 1.148 acre (50,000 square feet) tract of land, being all of
801801 Lots 1 through 10, Block 42 of said L.B. Swiney's Addition, being
802802 all of Tracts 7, 10, 11 and 13 and a portion of Tract 5 of Exhibit F
803803 as described in said deed recorded under File No. M938947 of said
804804 H.C.O.P.R.R.P.
805805 TRACT 7
806806 A 1.148 acre (50,000 square feet) tract of land, being all of
807807 Lots 1 through 10, Block 41 of said L.B. Swiney's Addition, being
808808 all of Tracts 6, 8, 9, 12 and 14 and a portion of Tract 5 of Exhibit F
809809 as described in said deed recorded under File No. M938947 of said
810810 H.C.O.P.R.R.P.
811811 SECTION 3. (a) The legal notice of the intention to
812812 introduce this Act, setting forth the general substance of this
813813 Act, has been published as provided by law, and the notice and a
814814 copy of this Act have been furnished to all persons, agencies,
815815 officials, or entities to which they are required to be furnished
816816 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
817817 Government Code.
818818 (b) The governor, one of the required recipients, has
819819 submitted the notice and Act to the Texas Commission on
820820 Environmental Quality.
821821 (c) The Texas Commission on Environmental Quality has filed
822822 its recommendations relating to this Act with the governor,
823823 lieutenant governor, and speaker of the house of representatives
824824 within the required time.
825825 (d) The general law relating to consent by political
826826 subdivisions to the creation of districts with conservation,
827827 reclamation, and road powers and the inclusion of land in those
828828 districts has been complied with.
829829 (e) All requirements of the constitution and laws of this
830830 state and the rules and procedures of the legislature with respect
831831 to the notice, introduction, and passage of this Act have been
832832 fulfilled and accomplished.
833833 SECTION 4. This Act takes effect immediately if it receives
834834 a vote of two-thirds of all the members elected to each house, as
835835 provided by Section 39, Article III, Texas Constitution. If this
836836 Act does not receive the vote necessary for immediate effect, this
837837 Act takes effect September 1, 2013.
838838
839839 Pos. No. Name of Director
840840
841841 1 Dan Lipnick
842842
843843 2 Hien Le
844844
845845 3 Ndukwe Kalu
846846
847847 4 Adam Williams
848848
849849 5 Kenady Davis
850850
851851 6 Jeremy Brown
852852
853853 7 Jon Herbster
854854
855855 8 Carver L. Henry
856856
857857 9 Charles McCloud