S.B. No. 690
AN ACT
relating to the creation of Harris County Improvement District
No. 23; providing authority to issue bonds; providing authority to
impose assessments, fees, or taxes.
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 3910 to read as follows:
CHAPTER 3910. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 23
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3910.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Houston.
(3) "County" means Harris County.
(4) "Director" means a board member.
(5) "District" means the Harris County Improvement
District No. 23.
(6) "East End district" means the Greater East End
Management District created under Chapter 3807.
Sec. 3910.002. NATURE OF DISTRICT. The Harris County
Improvement District No. 23 is a special district created under
Section 59, Article XVI, Texas Constitution.
Sec. 3910.003. 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, the
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, and to accomplish the redevelopment of the
land in the district.
(c) This chapter and the creation of the district may not be
interpreted to relieve the city or the county from providing the
level of services provided as of the effective date of the Act
enacting this chapter to the area in the district. The district is
created to supplement and not to supplant East End district, city,
or county services provided in the district.
Sec. 3910.004. 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 further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment; and
(3) developing or expanding 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. 3910.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on the bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3910.006. 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;
(3) an enterprise zone created under Chapter 2303,
Government Code; or
(4) an industrial district created under Chapter 42,
Local Government Code.
Sec. 3910.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3910.008. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3910.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of nine voting directors who serve staggered
terms of four years, with four or five 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 if the board determines that the change is in
the best interest of the district. The board may not consist of
fewer than 5 or more than 15 voting directors.
Sec. 3910.052. APPOINTMENT OF VOTING 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 a majority of the members of the governing body and the
mayor vote to appoint that person.
Sec. 3910.053. NONVOTING DIRECTORS. The board may appoint
nonvoting directors to serve at the pleasure of the voting
directors.
Sec. 3910.054. 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. 3910.055. 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.
Sec. 3910.056. INITIAL VOTING DIRECTORS. (a) The initial
board consists of the following voting directors:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Dan Lipnick 1 Dan Lipnick
1 Dan Lipnick
2 Hien Le 2 Hien Le
2 Hien Le
3 Ndukwe Kalu 3 Ndukwe Kalu
3 Ndukwe Kalu
4 Adam Williams 4 Adam Williams
4 Adam Williams
5 Kenady Davis 5 Kenady Davis
5 Kenady Davis
6 Sakina Lanig 6 Sakina Lanig
6 Sakina Lanig
7 Alison Leland 7 Alison Leland
7 Alison Leland
8 Carver L. Henry 8 Carver L. Henry
8 Carver L. Henry
9 Charles McCloud 9 Charles McCloud
9 Charles McCloud
(b) Of the initial directors, the terms of directors
appointed for positions one through five expire June 1, 2015, and
the terms of directors appointed for positions six through nine
expire June 1, 2017.
(c) Section 3910.052 does not apply to this section.
(d) This section expires September 1, 2017.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3910.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3910.102. IMPROVEMENT PROJECTS AND SERVICES. Subject
to Section 3910.113, the district may provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service using any money available to the
district, or contract with a governmental or private entity to
provide, design, construct, acquire, improve, relocate, operate,
maintain, or finance an improvement or service authorized under
this chapter or Chapter 375, Local Government Code.
Sec. 3910.103. DEVELOPMENT CORPORATION POWERS. The
district, using money available to 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 under that
chapter.
Sec. 3910.104. 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 to be a local
government corporation created under Subchapter D, 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 Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3910.105. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, 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. 3910.106. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county or the city, to provide law enforcement
services in the district for a fee.
Sec. 3910.107. 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. 3910.108. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) 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.
(c) The district may create economic development programs
and exercise the economic development powers provided to
municipalities by:
(1) Chapter 380, Local Government Code; and
(2) Subchapter A, Chapter 1509, Government Code.
Sec. 3910.109. PARKING FACILITIES. (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 lots, garages, parking terminals, or other
structures or accommodations for parking motor vehicles off the
streets and related appurtenances.
(b) 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.
(c) The district's parking facilities are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(d) The development and operation of the district's parking
facilities may be considered an economic development program.
Sec. 3910.110. ANNEXATION OF LAND. The district may annex
land as provided by Subchapter J, Chapter 49, Water Code.
Sec. 3910.111. NAVIGATION DISTRICT POWERS. (a) The
district has the powers provided by the general law of this state
applicable to navigation districts created under Section 59,
Article XVI, Texas Constitution, including Chapters 60 and 62,
Water Code.
(b) The district may purchase, construct, acquire, own,
operate, maintain, improve, or extend, inside and outside the
district, a canal, waterway, bulkhead, dock, or other improvement
or facility necessary or convenient to accomplish the navigation
purposes of the district.
(c) An improvement or facility that is owned, constructed,
or financed by the district under this section is subject to any
applicable rules, regulations, bylaws, or similar legislative or
regulatory acts or policies of the Port of Houston Authority of
Harris County, Texas.
(d) This chapter does not supersede or diminish the rights,
powers, privileges, and authority of the Port of Houston Authority
of Harris County, Texas.
Sec. 3910.112. APPROVAL BY CITY. (a) Except as provided
by Subsection (c), the district must obtain the approval of the city
for:
(1) the issuance of bonds;
(2) the plans and specifications of an improvement
project financed by bonds; and
(3) the plans and specifications of an improvement
project related to the use of land owned by the city, an easement
granted by the city, or a right-of-way of a street, road, or
highway.
(b) The district may not issue bonds until the governing
body of the city adopts a resolution or ordinance authorizing the
issuance of the bonds.
(c) If the district obtains the approval of the city's
governing body of a capital improvements budget for a period not to
exceed 10 years, the district may finance the capital improvements
and issue bonds specified in the budget without further approval
from the city.
(d) The governing body of the city:
(1) is not required to adopt a resolution or ordinance
to approve plans and specifications described by Subsection (a);
and
(2) may establish an administrative process to approve
plans and specifications described by Subsection (a) without the
involvement of the governing body.
Sec. 3910.113. COORDINATION WITH EAST END DISTRICT. In
determining the improvement projects or services the district
provides, the district shall coordinate its efforts with the
efforts of the East End district to achieve governmental efficiency
and avoid duplication of improvement projects or services. The
district may not duplicate an improvement project or service that
the East End district provides in the same territory.
Sec. 3910.114. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3910.151. 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 district money.
Sec. 3910.152. 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. 3910.153. 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 the county.
Sec. 3910.154. 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. 3910.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section
375.161, Local Government Code, does not apply to a tax authorized
or approved by the voters of the district or a required payment for
a service provided by the district, including water and sewer
services.
Sec. 3910.156. NOTICE TO EAST END DISTRICT. The district
shall send to the board of directors of the East End district notice
of a hearing regarding an improvement project or service that is to
be financed with assessments under this chapter. The district
shall send the notice by certified mail, return receipt requested,
or by another method determined by the board to provide adequate
proof that the notice was timely mailed, not later than the 30th day
before the date of the hearing. The notice must contain the
information required by Section 375.115(b), Local Government Code.
Sec. 3910.157. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of
district taxes or assessments on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3910.201. ELECTIONS REGARDING TAXES AND BONDS.
(a) The district may issue, without an election, bonds, notes, and
other obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 3910.203.
(b) The district must hold an election in the manner
provided by Subchapter L, Chapter 375, Local Government Code, to
obtain voter approval before the district may impose an ad valorem
tax or issue bonds payable from ad valorem taxes.
(c) Section 375.243, Local Government Code, does not apply
to the district.
(d) All or any part of any facilities or improvements that
may be acquired by a district by the issuance of its bonds may be
submitted as a single proposition or as several propositions to be
voted on at the election.
Sec. 3910.202. OPERATION AND MAINTENANCE TAX. (a) If
authorized by a majority of the district voters voting at an
election held in accordance with Section 3910.201, the district may
impose an 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. 3910.203. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
Sec. 3910.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
determined by the board. Section 375.205, Local Government Code,
does not apply to a loan, line of credit, or other borrowing from a
bank or financial institution secured by revenue other than ad
valorem taxes.
(b) The district may issue bonds, notes, or other
obligations payable wholly or partly from ad valorem taxes,
assessments, impact fees, revenue, contract payments, grants, or
other district money, or any combination of those sources of money,
to pay for any authorized district purpose.
(c) The limitation on the outstanding principal amount of
bonds, notes, and other obligations provided by Section 49.4645,
Water Code, does not apply to the district.
Sec. 3910.205. 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,
for each year that 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. 3910.206. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 375.263, Local
Government Code, the city is not required to pay a bond, note, or
other obligation of the district.
SECTION 2. The Harris County Improvement District No. 23
initially includes all territory contained in the following area:
TRACT 1
Being a 102.136 acre (4,449,039 square feet) tract of land
situated in the S.M. Harris Survey, Abstract No. 327, the Darius
Gregg Survey, Abstract No. 283 and the Harris & Wilson Survey,
Abstract No. 32, Harris County, Texas, being a portion of a called
104.25 acre tract described as Tract 1, Exhibit F and a portion of
Tract 5, Exhibit F, both described in a special warranty deed dated
January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE
SERVICES, INC. as recorded under File No. M938947 of the Harris
County Official Public Records of Real Property (H.C.O.P.R.R.P.),
being all of a called 2.736 acre tract conveyed in a special
warranty deed dated May 24, 2004 from KELLOGG BROWN & ROOT, INC. to
KBR TECHNICAL SERVICES, INC. as recorded under File No. X640714 of
said H.C.O.P.R.R.P. and being all of a called 0.0784 acre tract
conveyed in warranty deed dated June 21, 1990 from ADAMS RESOURCES &
ENERGY, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as recorded
under File No. M691219 of said H.C.O.P.R.R.P., said 102.136 acre
tract being all of Blocks 50, 51 and 60 of the L.B. Swiney's
Addition, a subdivision of record according to the map or plat
thereof recorded under Volume 6, Page 610 of the Harris County Deed
Records (H.C.D.R.), being all of Blocks 4 and 25 of the Cage
Addition, a subdivision of record according to the map or plat
thereof recorded under Volume 43, Page 385 of said H.C.D.R. and
being a portion of Lots 1 through 8, Block 4 of the William A. Wilson
Company Subdivision, a subdivision of record according to the map
or plat thereof recorded under Volume 317, Page 298 of said
H.C.D.R., said 102.136 acre tract being more particularly described
by metes and bounds as follows with all bearings referenced to the
Texas State Plane Coordinate System of 1983 (1993 Adjustment),
South Central Zone. All coordinates and distances shown herein are
surface values and may be converted to grid by multiplying by a
combined scale factor of 0.999889585;
BEGINNING at a 5/8-inch iron rod (N = 13,845,069.64, East =
3,131,004.78) found at the point of intersection of the southerly
right-of-way line of Richardson Drive (40' wide) with the easterly
right-of way line of Grove Street (60' wide) for the northwest
corner of Block 50 of said L.B. Swiney's Addition and being the most
westerly northwest corner of said 104.25 acre tract;
THENCE, North 87°03'43" East, along the southerly
right-of-way line of Richardson Drive, a distance of 275.58 feet to
a PK nail found for corner at the intersection of the easterly
projection of the southerly right-of-way line of Richardson Drive
with the southerly projection of the easterly right-of-way line of
Gregg Street for an angle point in said 104.25 acre tract;
THENCE, North 02°36'08" West, along the projected easterly
right-of-way line of Gregg Street, passing at a distance of 31.07
feet, the southwest corner of Block 4 of said Cage Addition, same
being an angle point in said 104.25 acre tract, and continuing along
the easterly right-of-way line of Gregg Street and the westerly
line of said Block 4 for a total distance of 231.07 feet to a 5/8-
inch iron rod with plastic cap stamped "SURVCON INC." set in the
southerly right-of-way line of Clinton Drive (width varies) for the
northwest corner of said Block 4;
THENCE, along the southerly right-of-way line of Clinton
Drive, the following courses:
North 87°23'52" East, a distance of 540.00 feet to an "X"
in concrete found in the westerly right-of-way line of Bringhurst
Street (40' wide) for angle point and being the northeast corner of
Block 25 of said Cage Addition;
North 74°45'40" East, a distance of 51.25 feet to a
5/8-inch iron rod with plastic cap stamped "SURVCON INC." set in the
easterly right-of-way line of Bringhurst Street for the beginning
of a non-tangent curve to the left;
An arc distance of 228.80 feet, along said curve to the
left, having a radius of 340.40 feet, a delta angle of 38°30'38" and
a chord bearing and distance of North 61°04'34" East, 224.51 feet to
a 5/8-inch iron rod found for a point of tangency;
North 41°49'15" East, a distance of 12.60 feet to a
5/8-inch iron rod found for corner;
South 87°24'15" West, a distance of 11.40 feet to a
5/8-inch iron rod found for corner;
North 41°49'15" East, a distance of 31.00 feet a point
for the beginning of a non-tangent curve to the right, from which a
found 5/8-inch iron rod bears North 60°15' East, 0.33 feet;
An arc distance of 170.31 feet, along said curve to the
right, having a radius of 272.90 feet, a delta angle of 35°45'21" and
a chord bearing and distance of North 59°41'56" East, 167.56 feet to
an "X" in concrete found for the end of said curve to the right;
North 87°24'15" East, passing at a distance of 1,133.91
feet, a 5/8-inch iron rod found for the northwest corner of said
2.736 acre tract, continuing and passing at a distance of 1,193.91
feet, a 5/8-inch iron rod found for the northeast corner of said
2.736 acre tract, and continuing for a total distance of 1,293.20
feet to a 5/8-inch iron rod found for the most northerly northeast
corner of said 104.25 acre tract;
South 02°51'30" East, a distance of 10.55 feet to a
5/8-inch iron rod found for angle point;
North 87°08'30" East, passing at a distance of 80.00
feet, the northwest corner of said 0.0784 acre tract, and
continuing for a total distance of 228.00 feet to a 5/8-inch iron
rod found for a cutback corner, same being the most northerly
northeast corner of said 0.0784 acre tract;
THENCE, South 47°51'30" East, along a cutback line, a distance
of 21.21 feet to a 5/8-inch iron rod with plastic cap stamped
"SURVCON INC." set for corner in the westerly right-of-way line of
Hirsch Street (100 feet wide), same being the most easterly
northeast corner of said 0.0784 acre tract;
THENCE, South 02°51'30" East, along said westerly
right-of-way line of Hirsch Street and the easterly line of said
0.0784 acre tract, passing at a distance of 179.15 feet, a 1/2-inch
iron rod found for the southeast corner of said 0.0784 acre tract
and the most easterly northeast corner of said 104.25 acre tract,
continuing along said westerly right-of-way line of Hirsch Street
and the easterly line of said 104.25 acre tract, passing at a
distance of 660.00 feet, a 5/8-inch iron rod found for an angle
point in said 104.25 acre tract, same being the northwest corner of
a called 0.2865 acre roadway easement conveyed to the City of
Houston and described as Tract 4 in deed recorded in Volume 3468,
Page 487 of said H.C.D.R., and continuing along the westerly
right-of-way easement line of Hirsch Street, for a total distance
of 818.07 feet to a point for the beginning of a tangent curve to the
right;
THENCE, an arc distance of 1,095.02 feet, continuing along
said westerly right-of-way easement line of Hirsch Street and along
said curve to the right, having a radius of 1,587.02 feet, a delta
angle of 39°32'00" and a chord bearing and distance of South
16°54'30" West, 1,073.43 feet to 3/4-inch iron rod found for the
point of tangency;
THENCE, South 36°40'30" West, continuing along said westerly
right-of-way easement line of Hirsch Street, a distance of 85.13
feet to a point in the northerly line of Buffalo Bayou and the
southerly line of said 104.25 acre tract;
THENCE, along the meanders of the northerly line of Buffalo
Bayou and along the southerly line of said 104.25 acre tract, the
following courses:
North 81°21'02" West, a distance of 294.22 feet to a
point for corner;
South 81°17'51" West, a distance of 92.69 feet to a point
for corner;
South 71°46'20" West, a distance of 87.60 feet to a point
for corner;
South 56°00'12" West, a distance of 139.78 feet to a
point for corner;
South 42°22'06" West, a distance of 530.18 feet to a
point for corner;
South 86°47'52" West, a distance of 13.79 feet to a point
for corner;
South 43°55'05" West, a distance of 65.25 feet to a point
for corner;
South 74°12'42" West, a distance of 73.39 feet to a point
for corner;
South 80°29'10" West, a distance of 95.12 feet to a point
for corner;
North 62°25'33" West, a distance of 84.80 feet to a point
for corner;
North 23°26'39" West, a distance of 96.22 feet to a point
for corner;
North 48°58'41" West, a distance of 75.07 feet to a point
for corner;
North 22°52'13" West, a distance of 70.85 feet to a point
for corner;
North 00°23'51" East, a distance of 570.94 feet to a
point for the most southerly corner of said 2.736 acre tract;
North 00°03'45" East, along the westerly line of said
2.736 acre tract, a distance of 60.38 feet to an angle point in the
northwesterly line of said 2.736 acre tract;
North 17°43'38" West, a distance of 86.97 feet to a point
for corner;
North 35°56'28" West, a distance of 143.97 feet to a
point for corner;
North 61°18'39" West, a distance of 144.29 feet to a
point for corner;
North 83°06'56" West, a distance of 306.10 feet to a
point for corner;
South 88°11'58" West, a distance of 152.95 feet to a
point for corner;
North 89°23'55" West, a distance of 158.35 feet to a
point for corner;
North 81°40'26" West, a distance of 86.39 feet to a point
for corner;
North 79°43'08" West, a distance of 97.41 feet to a point
in said easterly right-of-way line of Grove Street for the
southwest corner of said 104.25 acre tract;
THENCE, North 02°56'17" West, along said easterly
right-of-way line of Grove Street and the westerly line of said
104.25 acre tract, passing at a distance of 65.05 feet, a found
5/8-inch iron rod, and continuing for a total distance of 705.08
feet to the POINT OF BEGINNING, containing a computed area of
102.136 acres (4,449,039 square feet) of land. Said 102.136 acre
tract being subject to portions of three (3) existing roadways
defined as follows: 1.) a 0.542 acre (23,589 square feet) tract
within the right-of-way of Richardson Drive between the easterly
right- of-way line of Gregg Street and the easterly right-of-way
line of Bringhurst Street, 2.) a 0.184 acre (7,997 square feet)
tract within the right-of-way of Cage Street between the southerly
right- of-way line of Clinton Drive and the northerly right-of-way
line of Richardson Drive and 3.) a 0.236 acre (10,280 square feet)
tract within the right-of-way of Bringhurst Street between the
southerly right-of-way line of Clinton Drive and the northerly
right-of-way line of Richardson Drive.
TRACT 2
Being a 4.059 acre (176,821 square feet) tract of land
situated in the Darius Gregg Survey, Abstract No. 283 and the Harris &
Wilson Survey, Abstract No. 32, Harris County, Texas, being a
portion of a called 104.25 acre tract described as Tract 1 of
Exhibit F in a special warranty deed dated January 2, 1990 from
BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as
recorded under File No. M938947 of the Harris County Official
Public Records of Real Property (H.C.O.P.R.R.P.), said 4.059 acre
tract being more particularly described by metes and bounds as
follows with all bearings referenced to the Texas State Plane
Coordinate System of 1983 (1993 Adjustment), South Central Zone.
All coordinates and distances shown herein are surface values and
may be converted to grid by multiplying by a combined scale factor
of 0.999889585:
BEGINNING at a 5/8-inch iron rod (N = 13,844,963.67, East =
3,133,786.01) found in the existing westerly right-of-way line of
Hirsch Street (width varies) for an angle point in the easterly line
of said 104.25 acre tract, same being the northwest corner of a
called 0.2865 acre roadway easement conveyed to the City of Houston
and described as Tract 4 in deed recorded in Volume 3468, Page 487
of the Harris County Deed Records (H.C.D.R.);
THENCE, North 87°42'30" East, along the easterly line of said
104.25 acre tract and along the northerly line of said 0.2865 acre
roadway easement, a distance of 41.88 feet to an "X" in concrete
found for an angle point in the easterly line of said 104.25 acre
tract and the northeast corner of said 0.2865 acre roadway
easement;
THENCE, South 02°17'32" East, along the easterly line of said
104.25 acre tract, a distance of 1,163.73 feet to a point in the
northerly line of Buffalo Bayou;
THENCE, along the meanders of the northerly line of Buffalo
Bayou and along the southerly line of said 104.25 acre tract, the
following courses:
South 40°14'22" West, a distance of 42.90 feet to a point
for corner;
South 75°00'39" West, a distance of 50.16 feet to a point
for corner;
South 84°00'51" West, a distance of 77.13 feet to a point
for corner;
South 83°31'17" West, a distance of 214.24 feet to a
point for corner;
South 74°08'41" West, a distance of 61.85 feet to a point
for corner;
North 81°21'02" West, a distance of 18.52 feet to a point
for the southwest corner of a called 1,595 square foot roadway
easement conveyed to the City of Houston and described as Tract 1 in
deed recorded in Volume 3468, Page 487 of said H.C.D.R.;
THENCE, North 36°40'30" East, along the westerly right-of-way
easement line of Hirsch Street, a distance of 85.13 feet to a
3/4-inch iron rod found for the beginning of a tangent curve to the
left;
THENCE, an arc distance of 1,095.02 feet, continuing along
the westerly right-of-way easement line of Hirsch Street and along
said curve to the left, having a radius of 1,587.02 feet, a delta
angle of 39°32'00" and a chord bearing and distance of North
16°54'30" East, 1,073.43 feet to the point of tangency;
THENCE, North 02°51'30" West, continuing along the westerly
right-of-way easement line of Hirsch Street, a distance of 158.07
feet to the POINT OF BEGINNING, containing a computed area of 4.059
acres (176,821 square feet) of land. Said 4.059 acre tract being
subject to an existing roadway easement defined as follows: a 2.392
acre (104,206 square feet) tract within the right-of-way easement
of Hirsch Street along the westerly line of said 4.059 acre tract.
TRACT 3
Being a 24.983 acre (1,088,253 square feet) tract of land
situated in the S.M. Harris Survey, Abstract No. 327, Harris
County, Texas, and being all of a called 24.92 acre tract described
as Tract 2 of Exhibit F in a special warranty deed dated January 2,
1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES,
INC. as recorded under File No. M938947 of the Harris County
Official Public Records of Real Property (H.C.O.P.R.R.P.), same
being all of Blocks 43, 44, 45 46, 47, 48, 53, 54, 55, 56, 57 and 58
of the L.B. Swiney's Addition, a subdivision of record according to
the map or plat thereof recorded under Volume 6, Page 610 of the
Harris County Deed Records (H.C.D.R.), said Blocks 43, 44 and 45
also being defined in the Swiney Addition, a subdivision of record
according to the map or plat thereof recorded under Volume 1A, Page
65 of the Harris County Map Records (H.C.M.R.), and being all of
Blocks 16, 17, 18, 21 and Tract C of the Barnes & Wetmore Addition, a
subdivision of record according to the map or plat thereof recorded
under Volume 37, Page 77 of said H.C.M.R., and being all of Lots 1,
2, 3, 4, 7, 8, 9, 10 and 11 and a portion of Lot 6 of Block 19, all of
Lots 1, 2, 3, 4, 12, 13 and 14 and a portion of Lots 5 and 10 of Block
20 and a portion of Tract B, all of said Barnes & Wetmore Addition,
and being a portion of the abandoned public streets by City of
Houston Ordinance No.(s) 2601, 2988 and 2986, as recorded in Volume
1779, Page 159, Volume 1825, Page 235 and Volume 3218, Page 132,
respectively, all of said H.C.D.R., said 24.983 acre tract being
more particularly described by metes and bounds as follows with all
bearings referenced to the Texas State Plane Coordinate System of
1983 (1993 Adjustment), South Central Zone. All coordinates and
distances shown herein are surface values and may be converted to
grid by multiplying by a combined scale factor of 0.999889585:
BEGINNING at a 5/8-inch iron rod (N = 13,845,290.36, East =
3,130,622.97) found at the point of intersection of the southerly
right-of-way line of Clinton Drive (width varies) with the westerly
right-of way line of Bayou Street (60' wide) for the common
northeast corner of said 24.92 acre tract and Lot 1, Block 43 of
said L.B. Swiney's Addition;
THENCE, South 02°56'17" East, along the westerly right-of-way
line of Bayou Street and the easterly line of said 24.92 acre tract,
passing at a distance of 750.00 feet, a found 5/8-iron rod, and
continuing for a total distance of 811.60 feet to a point in the
northerly line of Buffalo Bayou for the common southeast corner of
said 24.92 acre tract and said Block 58;
THENCE, along the meanders of the northerly line of Buffalo
Bayou and along the southerly line of said 24.92 acre tract, the
following courses:
North 84°59'39" West, a distance of 126.92 feet to a
point for corner;
South 85°43'56" West, a distance of 185.30 feet to a
point for corner;
South 72°56'47" West, a distance of 78.42 feet to a point
for corner;
South 56°53'10" West, a distance of 405.98 feet to a
point for corner;
South 60°22'55" West, a distance of 78.78 feet to a point
for corner;
South 72°14'30" West, a distance of 84.28 feet to a point
for corner;
South 84°58'16" West, a distance of 63.45 feet to a point
for corner;
North 87°53'15" West, a distance of 129.94 feet to a
point for the southwest corner of said 24.92 acre tract;
THENCE, along the westerly line of said 24.92 acre tract, the
following courses:
North 06°46'38" West, a distance of 263.23 feet to a
point for corner, from which a found 5/8-inch iron rod bears South
73°45' West, 0.30 feet;
North 12°46'38" West, a distance of 185.40 feet to a
point for corner, from which a found 5/8-inch iron rod bears South
88°16' East, 0.33 feet;
North 22°58'38" West, a distance of 192.60 feet to a
point for corner, from which a found 5/8-inch iron rod bears South
00°00' West, 0.21 feet;
North 15°42'38" West, a distance of 131.20 feet to a
point for corner, from which a found 5/8-inch iron rod bears South
44°08' East, 0.23 feet;
North 05°54'38" West, a distance of 286.20 feet to a 60d
nail found for corner;
North 02°42'02" East, a distance of 29.48 feet to a point
for corner in the southerly right-of-way line of Clinton Drive for
the northwest corner of said 24.92 acre tract, from which a found
5/8-inch iron rod bears South 83°37' East, 0.20 feet;
THENCE, North 87°03'43" East, along the southerly
right-of-way line of Clinton Drive, a distance of 1,238.93 feet to
the POINT OF BEGINNING, containing a computed area of 24.983 acres
(1,088,253 square feet) of land. Said 24.983 acre tract being
subject to portions of three (3) existing roadways defined as
follows: 1.) a 0.753 acre (32,800 square feet) tract within the
right- of-way of Richardson Drive between the westerly right-of-way
line of Bayou Street and a line 200 feet west of the westerly
right-of-way line of Meadow Street, 2.) a 0.275 acre (12,000 square
feet) tract within the right-of-way of Meadow Street between the
southerly right-of-way line of Clinton Drive and the northerly
right-of-way line of Richardson Drive and 3.) a 0.275 acre (12,000
square feet) tract within the right-of-way of Sydnor Street between
the southerly right-of-way line of Clinton Drive and the northerly
right-of-way line of Richardson Drive.
TRACTS 4-7
Being 4.592 acres (200,000 square feet) of land situated in
the S. M. Harris Survey, Abstract No. 327 and being out of the L.B.
Swiney's Addition, a subdivision of record according to the map or
plat thereof recorded under Volume 6, Page 610 of the Harris County
Deed Records (H.C.D.R.). Said 4.592 acre tract being comprised of
four (4) tracts defined as follows:
TRACT 4
A 1.148 acre (50,000 square feet) tract of land, being all of
Lots 1 through 10, Block 52 of said L.B. Swiney's Addition, being a
portion of Tracts 4 and 5 of Exhibit F as described in deed dated
January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE
SERVICES, INC. as recorded under File No. M938947 of the Harris
County Official Public Records of Real Property (H.C.O.P.R.R.P.).
TRACT 5
A 1.148 acre (50,000 square feet) tract of land, being all of
Lots 1 through 10, Block 49 of said L.B. Swiney's Addition and
described as follows: All of Lots 1 through 7 and Lot 10, Block 49,
being a portion of Tract 4 of Exhibit F as described in said deed
recorded under File No. M938947 of said H.C.O.P.R.R.P.; and all of
Lots 8 and 9, Block 49 described as a called 10,000 square foot
tract of land addressed in a May 22, 1996 motion under City of
Houston Ordinance 96-456 as recorded under File No. S023877 of said
H.C.O.P.R.R.P., said 10,000 square foot tract of land being
conveyed in a special warranty deed dated July 18, 1996 from the
City of Houston to BROWN & ROOT CORPORATE SERVICES, INC. as recorded
under File No. S023876 of said H.C.O.P.R.R.P.
TRACT 6
A 1.148 acre (50,000 square feet) tract of land, being all of
Lots 1 through 10, Block 42 of said L.B. Swiney's Addition, being
all of Tracts 7, 10, 11 and 13 and a portion of Tract 5 of Exhibit F
as described in said deed recorded under File No. M938947 of said
H.C.O.P.R.R.P.
TRACT 7
A 1.148 acre (50,000 square feet) tract of land, being all of
Lots 1 through 10, Block 41 of said L.B. Swiney's Addition, being
all of Tracts 6, 8, 9, 12 and 14 and a portion of Tract 5 of Exhibit F
as described in said deed recorded under File No. M938947 of said
H.C.O.P.R.R.P.
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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 690 passed the Senate on
April 24, 2013, by the following vote: Yeas 30, Nays 0;
May 21, 2013, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 22, 2013, House
granted request of the Senate; May 26, 2013, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 690 passed the House, with
amendments, on May 17, 2013, by the following vote: Yeas 133,
Nays 1, two present not voting; May 22, 2013, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2013, House adopted Conference Committee Report by the
following vote: Yeas 133, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor
Pos. No. Name of Director
1 Dan Lipnick
2 Hien Le
3 Ndukwe Kalu
4 Adam Williams
5 Kenady Davis
6 Sakina Lanig
7 Alison Leland
8 Carver L. Henry
9 Charles McCloud