Texas 2017 - 85th Regular

Texas House Bill HB4321 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4321
	1	+	By: Schofield (Senate Sponsor - Huffman) H.B. No. 4321
	2	+	(In the Senate - Received from the House May 19, 2017;
	3	+	May 19, 2017, read first time and referred to Committee on
	4	+	Administration; May 23, 2017, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 23, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of Harris County Improvement District No.
6	12		25; providing authority to levy an assessment, impose a tax, and
7	13		issue bonds.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	16		Code, is amended by adding Chapter 3958 to read as follows:
11	17		CHAPTER 3958. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 25
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 3958.001. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the district's board of directors.
15	21		(2) "County" means Harris County.
16	22		(3) "Director" means a board member.
17	23		(4) "District" means the Harris County Improvement
18	24		District No. 25.
19	25		Sec. 3958.002. CREATION AND NATURE OF DISTRICT. The
20	26		district is a special district created under Section 59, Article
21	27		XVI, Texas Constitution.
22	28		Sec. 3958.003. PURPOSE; DECLARATION OF INTENT. (a) The
23	29		creation of the district is essential to accomplish the purposes of
24	30		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
25	31		Texas Constitution, and other public purposes stated in this
26	32		chapter. By creating the district and in authorizing the county and
27	33		other political subdivisions to contract with the district, the
28	34		legislature has established a program to accomplish the public
29	35		purposes set out in Section 52-a, Article III, Texas Constitution.
30	36		(b) The creation of the district is necessary to promote,
31	37		develop, encourage, and maintain employment, commerce,
32	38		transportation, housing, tourism, recreation, the arts,
33	39		entertainment, economic development, safety, and the public
34	40		welfare in the district.
35	41		(c) This chapter and the creation of the district may not be
36	42		interpreted to relieve the county from providing the level of
37	43		services provided as of the effective date of the Act enacting this
38	44		chapter to the area in the district. The district is created to
39	45		supplement and not to supplant county services provided in the
40	46		district.
41	47		Sec. 3958.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
42	48		The district is created to serve a public use and benefit.
43	49		(b) All land and other property included in the district
44	50		will benefit from the improvements and services to be provided by
45	51		the district under powers conferred by Sections 52 and 52-a,
46	52		Article III, and Section 59, Article XVI, Texas Constitution, and
47	53		other powers granted under this chapter.
48	54		(c) The creation of the district is in the public interest
49	55		and is essential to further the public purposes of:
50	56		(1) developing and diversifying the economy of the
51	57		state;
52	58		(2) eliminating unemployment and underemployment; and
53	59		(3) developing or expanding transportation and
54	60		commerce.
55	61		(d) The district will:
56	62		(1) promote the health, safety, and general welfare of
57	63		residents, employers, potential employees, employees, visitors,
58	64		and consumers in the district, and of the public;
59	65		(2) provide needed funding for the district to
60	66		preserve, maintain, and enhance the economic health and vitality of
61	67		the district territory as a community and business center;
62	68		(3) promote the health, safety, welfare, and enjoyment
63	69		of the public by providing pedestrian ways and by landscaping and
64	70		developing certain areas in the district, which are necessary for
65	71		the restoration, preservation, and enhancement of scenic beauty;
66	72		and
67	73		(4) provide for water, wastewater, drainage, road, and
68	74		recreational facilities for the district.
69	75		(e) Pedestrian ways along or across a street, whether at
70	76		grade or above or below the surface, and street lighting, street
71	77		landscaping, parking, and street art objects are parts of and
72	78		necessary components of a street and are considered to be a street
73	79		or road improvement.
74	80		(f) The district will not act as the agent or
75	81		instrumentality of any private interest even though the district
76	82		will benefit many private interests as well as the public.
77	83		Sec. 3958.005. INITIAL DISTRICT TERRITORY. (a) The
78	84		district is initially composed of the territory described by
79	85		Section 2 of the Act enacting this chapter.
80	86		(b) The boundaries and field notes contained in Section 2 of
81	87		the Act enacting this chapter form a closure. A mistake in the
82	88		field notes or in copying the field notes in the legislative process
83	89		does not affect the district's:
84	90		(1) organization, existence, or validity;
85	91		(2) right to issue any type of bonds for the purposes
86	92		for which the district is created or to pay the principal of and
87	93		interest on the bonds;
88	94		(3) right to impose or collect an assessment or tax; or
89	95		(4) legality or operation.
90	96		Sec. 3958.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
91	97		DISTRICTS LAW. Except as otherwise provided by this chapter,
92	98		Chapter 375, Local Government Code, applies to the district.
93	99		Sec. 3958.007. CONSTRUCTION OF CHAPTER. This chapter shall
94	100		be liberally construed in conformity with the findings and purposes
95	101		stated in this chapter.
96	102		SUBCHAPTER B. BOARD OF DIRECTORS
97	103		Sec. 3958.051. GOVERNING BODY; TERMS. (a) The district is
98	104		governed by a board of five voting directors who serve staggered
99	105		terms of four years, with two or three directors' terms expiring
100	106		June 1 of each odd-numbered year.
101	107		(b) The board by resolution may change the number of voting
102	108		directors on the board only if the board determines that the change
103	109		is in the best interest of the district. The board may not consist
104	110		of fewer than five or more than nine voting directors.
105	111		Sec. 3958.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
106	112		Commission on Environmental Quality shall appoint voting directors
107	113		from persons recommended by the board.
108	114		Sec. 3958.053. NONVOTING DIRECTORS. The board may appoint
109	115		nonvoting directors to serve at the pleasure of the voting
110	116		directors.
111	117		Sec. 3958.054. QUORUM. For purposes of determining the
112	118		requirements for a quorum of the board, the following are not
113	119		counted:
114	120		(1) a board position vacant for any reason, including
115	121		death, resignation, or disqualification;
116	122		(2) a director who is abstaining from participation in
117	123		a vote because of a conflict of interest; or
118	124		(3) a nonvoting director.
119	125		Sec. 3958.055. COMPENSATION. A director is entitled to
120	126		receive fees of office and reimbursement for actual expenses as
121	127		provided by Section 49.060, Water Code. Sections 375.069 and
122	128		375.070, Local Government Code, do not apply to the board.
123	129		Sec. 3958.056. INITIAL VOTING DIRECTORS. (a) On or after
124	130		the effective date of the Act enacting this chapter, the owner or
125	131		owners of a majority of the assessed value of the real property in
126	132		the district according to the most recent certified tax appraisal
127	133		roll for the county may submit a petition to the Texas Commission on
128	134		Environmental Quality requesting that the commission appoint as
129	135		initial voting directors the five persons named in the petition.
130	136		The commission shall appoint the five persons named in the petition
131	137		as initial directors by position.
132	138		(b) Of the initial directors, the terms of directors
133	139		appointed for positions one through three expire June 1, 2019, and
134	140		the terms of directors appointed for positions four and five expire
135	141		June 1, 2021.
136	142		(c) Section 3958.052 does not apply to this section.
137	143		(d) This section expires September 1, 2021.
138	144		SUBCHAPTER C. POWERS AND DUTIES
139	145		Sec. 3958.101. GENERAL POWERS AND DUTIES. The district has
140	146		the powers and duties necessary to accomplish the purposes for
141	147		which the district is created.
142	148		Sec. 3958.102. IMPROVEMENT PROJECTS AND SERVICES. The
143	149		district may provide, design, construct, acquire, improve,
144	150		relocate, operate, maintain, or finance an improvement project or
145	151		service using any money available to the district, or contract with
146	152		a governmental or private entity to provide, design, construct,
147	153		acquire, improve, relocate, operate, maintain, or finance an
148	154		improvement project or service authorized under this chapter or
149	155		Chapter 375, Local Government Code.
150	156		Sec. 3958.103. DEVELOPMENT CORPORATION POWERS. The
151	157		district, using money available to the district, may exercise the
152	158		powers given to a development corporation under Chapter 505, Local
153	159		Government Code, including the power to own, operate, acquire,
154	160		construct, lease, improve, or maintain a project under that
155	161		chapter.
156	162		Sec. 3958.104. NONPROFIT CORPORATION. (a) The board by
157	163		resolution may authorize the creation of a nonprofit corporation to
158	164		assist and act for the district in implementing a project or
159	165		providing a service authorized by this chapter.
160	166		(b) The nonprofit corporation:
161	167		(1) has each power of and is considered to be a local
162	168		government corporation created under Subchapter D, Chapter 431,
163	169		Transportation Code; and
164	170		(2) may implement any project and provide any service
165	171		authorized by this chapter.
166	172		(c) The board shall appoint the board of directors of the
167	173		nonprofit corporation. The board of directors of the nonprofit
168	174		corporation shall serve in the same manner as the board of directors
169	175		of a local government corporation created under Subchapter D,
170	176		Chapter 431, Transportation Code, except that a board member is not
171	177		required to reside in the district.
172	178		Sec. 3958.105. AGREEMENTS; GRANTS. (a) As provided by
173	179		Chapter 375, Local Government Code, the district may make an
174	180		agreement with or accept a gift, grant, or loan from any person.
175	181		(b) The implementation of a project is a governmental
176	182		function or service for the purposes of Chapter 791, Government
177	183		Code.
178	184		Sec. 3958.106. LAW ENFORCEMENT SERVICES. To protect the
179	185		public interest, the district may contract with a qualified party,
180	186		including the county, to provide law enforcement services in the
181	187		district for a fee.
182	188		Sec. 3958.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
183	189		district may join and pay dues to a charitable or nonprofit
184	190		organization that performs a service or provides an activity
185	191		consistent with the furtherance of a district purpose.
186	192		Sec. 3958.108. ECONOMIC DEVELOPMENT. (a) The district may
187	193		engage in activities that accomplish the economic development
188	194		purposes of the district.
189	195		(b) The district may establish and provide for the
190	196		administration of one or more programs to promote state or local
191	197		economic development and to stimulate business and commercial
192	198		activity in the district, including programs to:
193	199		(1) make loans and grants of public money; and
194	200		(2) provide district personnel and services.
195	201		(c) The district may create economic development programs
196	202		and exercise the economic development powers provided to
197	203		municipalities by:
198	204		(1) Chapter 380, Local Government Code; and
199	205		(2) Subchapter A, Chapter 1509, Government Code.
200	206		Sec. 3958.109. PARKING FACILITIES. (a) The district may
201	207		acquire, lease as lessor or lessee, construct, develop, own,
202	208		operate, and maintain parking facilities or a system of parking
203	209		facilities, including lots, garages, parking terminals, or other
204	210		structures or accommodations for parking motor vehicles off the
205	211		streets and related appurtenances.
206	212		(b) The district's parking facilities serve the public
207	213		purposes of the district and are owned, used, and held for a public
208	214		purpose even if leased or operated by a private entity for a term of
209	215		years.
210	216		(c) The district's parking facilities are part of and
211	217		necessary components of a street and are considered to be a street
212	218		or road improvement.
213	219		(d) The development and operation of the district's parking
214	220		facilities may be considered an economic development program.
215	221		Sec. 3958.110. ANNEXATION OF LAND. The district may annex
216	222		land as provided by Subchapter J, Chapter 49, Water Code.
217	223		Sec. 3958.111. NO EMINENT DOMAIN POWER. The district may
218	224		not exercise the power of eminent domain.
219	225		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
220	226		Sec. 3958.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
221	227		board by resolution shall establish the number of directors'
222	228		signatures and the procedure required for a disbursement or
223	229		transfer of district money.
224	230		Sec. 3958.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
225	231		The district may acquire, construct, finance, operate, or maintain
226	232		any improvement or service authorized under this chapter or Chapter
227	233		375, Local Government Code, using any money available to the
228	234		district.
229	235		Sec. 3958.153. PETITION REQUIRED FOR FINANCING SERVICES AND
230	236		IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
231	237		service or improvement project with assessments under this chapter
232	238		unless a written petition requesting that service or improvement
233	239		has been filed with the board.
234	240		(b) A petition filed under Subsection (a) must be signed by
235	241		the owners of a majority of the assessed value of real property in
236	242		the district subject to assessment according to the most recent
237	243		certified tax appraisal roll for the county.
238	244		Sec. 3958.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
239	245		The board by resolution may impose and collect an assessment for any
240	246		purpose authorized by this chapter in all or part of the district.
241	247		(b) An assessment, a reassessment, or an assessment
242	248		resulting from an addition to or correction of the assessment roll
243	249		by the district, penalties and interest on an assessment or
244	250		reassessment, an expense of collection, and reasonable attorney's
245	251		fees incurred by the district:
246	252		(1) are a first and prior lien against the property
247	253		assessed;
248	254		(2) are superior to any other lien or claim other than
249	255		a lien or claim for county, school district, or municipal ad valorem
250	256		taxes; and
251	257		(3) are the personal liability of and a charge against
252	258		the owners of the property even if the owners are not named in the
253	259		assessment proceedings.
254	260		(c) The lien is effective from the date of the board's
255	261		resolution imposing the assessment until the date the assessment is
256	262		paid. The board may enforce the lien in the same manner that the
257	263		board may enforce an ad valorem tax lien against real property.
258	264		(d) The board may make a correction to or deletion from the
259	265		assessment roll that does not increase the amount of assessment of
260	266		any parcel of land without providing notice and holding a hearing in
261	267		the manner required for additional assessments.
262	268		Sec. 3958.155. TAX AND ASSESSMENT ABATEMENTS. The district
263	269		may designate reinvestment zones and may grant abatements of a tax
264	270		or assessment on property in the zones.
265	271		SUBCHAPTER E. TAXES AND BONDS
266	272		Sec. 3958.201. ELECTIONS REGARDING TAXES AND BONDS. (a)
267	273		The district may issue, without an election, bonds, notes, and
268	274		other obligations secured by:
269	275		(1) revenue other than ad valorem taxes; or
270	276		(2) contract payments described by Section 3958.203.
271	277		(b) The district must hold an election in the manner
272	278		provided by Subchapter L, Chapter 375, Local Government Code, to
273	279		obtain voter approval before the district may impose an ad valorem
274	280		tax or issue bonds payable from ad valorem taxes.
275	281		(c) Section 375.243, Local Government Code, does not apply
276	282		to the district.
277	283		(d) All or any part of any facilities or improvements that
278	284		may be acquired by a district by the issuance of its bonds may be
279	285		submitted as a single proposition or as several propositions to be
280	286		voted on at the election.
281	287		Sec. 3958.202. OPERATION AND MAINTENANCE TAX. (a) If
282	288		authorized by a majority of the district voters voting at an
283	289		election held in accordance with Section 3958.201, the district may
284	290		impose an operation and maintenance tax on taxable property in the
285	291		district in accordance with Section 49.107, Water Code, for any
286	292		district purpose, including to:
287	293		(1) maintain and operate the district;
288	294		(2) construct or acquire improvements; or
289	295		(3) provide a service.
290	296		(b) The board shall determine the tax rate. The rate may not
291	297		exceed the rate approved at the election.
292	298		(c) Section 49.107(h), Water Code, does not apply to the
293	299		district.
294	300		Sec. 3958.203. CONTRACT TAXES. (a) In accordance with
295	301		Section 49.108, Water Code, the district may impose a tax other than
296	302		an operation and maintenance tax and use the revenue derived from
297	303		the tax to make payments under a contract after the provisions of
298	304		the contract have been approved by a majority of the district voters
299	305		voting at an election held for that purpose.
300	306		(b) A contract approved by the district voters may contain a
301	307		provision stating that the contract may be modified or amended by
302	308		the board without further voter approval.
303	309		Sec. 3958.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
304	310		AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
305	311		determined by the board. Section 375.205, Local Government Code,
306	312		does not apply to a loan, line of credit, or other borrowing from a
307	313		bank or financial institution secured by revenue other than ad
308	314		valorem taxes.
309	315		(b) The district may issue bonds, notes, or other
310	316		obligations payable wholly or partly from ad valorem taxes,
311	317		assessments, impact fees, revenue, contract payments, grants, or
312	318		other district money, or any combination of those sources of money,
313	319		to pay for any authorized district purpose.
314	320		(c) The limitation on the outstanding principal amount of
315	321		bonds, notes, and other obligations provided by Section 49.4645,
316	322		Water Code, does not apply to the district.
317	323		Sec. 3958.205. TAXES FOR BONDS. At the time the district
318	324		issues bonds payable wholly or partly from ad valorem taxes, the
319	325		board shall provide for the annual imposition of a continuing
320	326		direct annual ad valorem tax, without limit as to rate or amount,
321	327		for each year that all or part of the bonds are outstanding as
322	328		required and in the manner provided by Sections 54.601 and 54.602,
323	329		Water Code.
324	330		SUBCHAPTER F. MUNICIPAL ANNEXATION AND DISSOLUTION
325	331		Sec. 3958.251. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
326	332		district is a "water or sewer district" under Section 43.071, Local
327	333		Government Code.
328	334		(b) Section 43.075, Local Government Code, applies to the
329	335		district.
330	336		(c) Section 375.264, Local Government Code, does not apply
331	337		to the dissolution of the district by a municipality.
332	338		SECTION 2. Harris County Improvement District No. 25
333	339		initially includes all territory contained in the following area:
334	340		TRACT 1 - 88.03 ACRES
335	341		FIELD NOTES of a 88.03 of an acre tract of land situated in
336	342		the H.T. & B. R.R. Survey, Block 3, Sec. 9, Abstract No. 421, the
337	343		H.T. & B. R.R. Survey, Block 3, Sec. 7, Abstract No. 903 the C.
338	344		Collis Survey, Abstract No. 1330, and the G. Lolley Survey,
339	345		Abstract No. 1410 Harris County, Texas; said 88.03 of an acre tract
340	346		of land being out of and a part of Restricted Reserve "A" of the
341	347		Westside Mall, Sec. 2 and recorded at Film Code No. (F.C. No.)
342	348		602144 of the Harris County Map Records (H.C.M.R.); said 88.03 of an
343	349		acre tract of land being more particularly described by metes and
344	350		bounds as follows:
345	351		NOTE: All bearings are Lambert Grid bearings and all
346	352		coordinates refer to the Texas State Plane Coordinate System, South
347	353		Central Zone (#4204), as defined by article 21.071 of the Natural
348	354		Resources Code of the State of Texas, 1983 Datum (2001 adjustment).
349	355		All distances are actual distances. Scale factor = 0.99989325287.
350	356		BEGINNING at a found 5/8" iron rod with cap stamped "E.H.R.A.
351	357		713-784-4500" for the Southeast intersection of Partnership Way
352	358		(80' right-of-way) and Grand Circle Boulevard (80' right-of-way) as
353	359		recorded at F.C. No. 446143 of the H.C.M.R.
354	360		THENCE N 30°52'03" W with the common West line of said
355	361		Restricted Reserve "A" and across said Grand Circle Boulevard a
356	362		distance of 80.00 feet to a set 5/8" iron rod with cap stamped
357	363		"E.H.R.A. 713-784-4500" for the Northwest corner of this tract of
358	364		land and being in the North right-of-way line of the proposed Grand
359	365		Circle Boulevard (80' right-of-way).
360	366		THENCE N 59°07'57" E with the common North right-of-way line
361	367		of said Grand Circle Boulevard and the North line of this tract of
362	368		land a distance of 22.95 feet to a set 5/8" iron rod with cap stamped
363	369		"E.H.R.A. 713-784-4500" for the beginning of a curve to the right.
364	370		THENCE in a Northeasterly direction with the common North
365	371		right-of-way line of said Grand Circle Boulevard, the North line of
366	372		this tract of land and said curve to the right having a central
367	373		angle of 42°04'54", a radius of 340.00 feet, a length of 249.72 feet,
368	374		and a chord bearing and distance of N 80°10'24" E, 244.14 feet to a
369	375		set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
370	376		end of this curve.
371	377		THENCE S 78°47'08" E with the common North right-of-way line
372	378		of said Grand Circle Boulevard and the North line of this tract of
373	379		land a distance of 183.98 feet to a set 5/8" iron rod with cap
374	380		stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
375	381		left.
376	382		THENCE in a Southeasterly direction with the common North
377	383		right-of-way line of said Grand Circle Boulevard, the North line of
378	384		this tract of land and said curve to the left having a central angle
379	385		of 12°30'52", a radius of 260.00 feet, a length of 56.79 feet, and a
380	386		chord bearing and distance of S 85°02'35" E, 56.68 feet to a set 5/8"
381	387		iron rod with cap stamped "E.H.R.A. 713-784-4500" for the end of
382	388		this curve.
383	389		THENCE N 88°42'07" E with the common North right-of-way line
384	390		of said Grand Circle Boulevard and the North line of this tract of
385	391		land a distance of 522.00 feet to a set 5/8" iron rod with cap
386	392		stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
387	393		right.
388	394		THENCE in a Southeasterly direction with the common North
389	395		right-of-way line of said Grand Circle Boulevard, the North line of
390	396		this tract of land and said curve to the right having a central
391	397		angle of 24°56'38", a radius of 340.00 feet, a length of 147.82 feet
392	398		and a chord bearing and distance of S 78°50'34" E, 146.66 feet to a
393	399		set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
394	400		beginning of a reverse curve to the left.
395	401		THENCE in a Northeasterly direction with the common North
396	402		right-of-way line of said Grand Circle Boulevard, the North line of
397	403		this tract of land and said reverse curve to the left having a
398	404		central angle of 92°17'27", a radius of 25.00 feet, a length of 40.27
399	405		feet and a chord bearing and distance of N 67°28'02" E, 36.05 feet to
400	406		a set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
401	407		Northeast corner of this tract of land and the end of said reverse
402	408		curve to the left; said point being the Southwest intersection of
403	409		Westside Way (80' right-of-way) as recorded at F.C. No. 602144 of
404	410		the H.C.M.R. and said Grand Circle Boulevard.
405	411		THENCE S 21°19'19" W with the Northeast line of this tract of
406	412		land a distance of 5.27 feet to a set 5/8" iron rod with cap stamped
407	413		"E.H.R.A. 713-784-4500" for the beginning of a curve to the left.
408	414		THENCE in a Southeasterly direction with the common
409	415		Southwesterly right-of-way line of said Grand Circle Boulevard, the
410	416		Easterly line of this tract of land and said curve to the left
411	417		having a central angle of 87°40'44", a radius of 105.00 feet, a
412	418		length of 160.68 feet and a chord bearing and distance of S 22°31'03"
413	419		E, 145.45 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
414	420		713-784-4500" for the beginning of a reverse curve to the right.
415	421		THENCE in a Southeasterly direction with the Southwesterly
416	422		right-of-way line of said Grand Circle Boulevard, the Easterly line
417	423		of this tract of land and said reverse curve to the right having a
418	424		central angle of 09°46'53", a radius of 1500.00 feet, a length of
419	425		256.08 feet and a chord bearing and distance of S 61°27'59" E, 255.77
420	426		feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
421	427		713-784-4500" for the end of this reverse curve.
422	428		THENCE S 56°34'32" E with the Southwesterly right-of-way line
423	429		of said Grand Circle Boulevard and the Easterly line of this tract
424	430		of land a distance of 187.17 feet to a found 5/8" iron rod with cap
425	431		stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
426	432		right.
427	433		THENCE in a Southeasterly direction with the Southwesterly
428	434		right-of-way line of said Grand Circle Boulevard, the Easterly line
429	435		of this tract of land and said curve to the right having a central
430	436		angle of 13°05'36", a radius of 570.00 feet, a length of 130.26 feet
431	437		and a chord bearing and distance of S 50°01'44" E, 129.98 feet to a
432	438		found 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for
433	439		the beginning of a compound curve to the right.
434	440		THENCE in a Southeasterly direction with the Westerly
435	441		right-of-way line of said Grand Circle Boulevard, the Easterly line
436	442		of this tract of land and said compound curve to the right having a
437	443		central angle of 42°11'03", a radius of 470.00 feet, a length of
438	444		346.04 feet and a chord bearing and distance of S 22°23'24" E, 338.28
439	445		feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
440	446		713-784-4500" for the end of this compound curve.
441	447		THENCE S 01°17'53" E with the Westerly right-of-way line of
442	448		said Grand Circle Boulevard and the Easterly line of this tract of
443	449		land a distance of 468.93 feet to a set 5/8" iron rod with cap
444	450		stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
445	451		right.
446	452		THENCE in a Southerly direction with the common West
447	453		right-of-way line of said Grand Circle Boulevard, the East line of
448	454		this tract of land and said curve to the right having a central
449	455		angle of 06°21'59", a radius of 220.00 feet, a length of 24.45 feet
450	456		and a chord bearing and distance of S 01°53'07" W, 24.43 feet to a
451	457		found 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for
452	458		the beginning of a compound curve to the right.
453	459		THENCE in a Southwesterly direction with the common
454	460		Northwesterly right-of-way line of said Grand Circle Boulevard, the
455	461		Southeast line of this tract of land and said compound curve to the
456	462		right having a central angle of 34°12'51", a radius of 520.00 feet, a
457	463		length of 310.52 feet and a chord bearing and distance of S 22°10'32"
458	464		W, 305.92 feet to a 5/8" iron rod with cap stamped "E.H.R.A.
459	465		713-784-4500" for the beginning of a compound curve to the right.
460	466		THENCE in a Southwesterly direction with the common
461	467		Northwesterly right-of-way line of said Grand Circle Boulevard, the
462	468		Southeast line of this tract of land and said compound curve to the
463	469		right having a central angle of 11°59'44", a radius of 620.00 feet, a
464	470		length of 129.81 feet and a chord bearing and distance of S 45°16'49"
465	471		W, 129.57 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
466	472		713-784-4500" for the end of this curve.
467	473		THENCE S 51°16'41" W with the Northwesterly right-of-way line
468	474		of said Grand Circle Boulevard and the Southwest line of this tract
469	475		of land a distance of 165.06 feet to a found 5/8" iron rod with cap
470	476		stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
471	477		right.
472	478		THENCE in a Southwesterly direction with the common Northwest
473	479		right-of-way line of said Grand Circle Boulevard, the Southeast
474	480		line of this tract of land and said curve to the right having a
475	481		central angle of 11°31'39", a radius of 525.00 feet, a length of
476	482		105.63 feet and a chord bearing and distance of S 57°02'31" W, 105.45
477	483		feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
478	484		713-784-4500" for the end of this curve.
479	485		THENCE S 62°48'20" W with the common Northwesterly
480	486		right-of-way line of said Grand Circle Boulevard and the Southeast
481	487		line of this tract of land a distance of 122.10 feet to a found 5/8"
482	488		iron rod with cap stamped "E.H.R.A. 713-784-4500" for the beginning
483	489		of a curve to the right.
484	490		THENCE in a Southwesterly direction with the common
485	491		Northwesterly right-of-way line of said Grand Circle Boulevard, the
486	492		Southeast line of this tract of land and said curve to the right
487	493		having a central angle of 21°56'19", a radius of 720.00 feet, a
488	494		length of 275.69 feet and a chord bearing and distance of S 73°46'30"
489	495		W, 274.01 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
490	496		713-784-4500" for the beginning of a compound curve to the right.
491	497		THENCE in a Southwesterly direction with the common
492	498		Northwesterly right-of-way line of said Grand Circle Boulevard, the
493	499		Southeast line of this tract of land and said compound curve to the
494	500		right having a central angle of 04°27'02", a radius of 3949.99 feet,
495	501		a length of 306.83 feet and a chord bearing and distance of S
496	502		86°58'11" W, 306.75 feet to a 5/8" iron rod with cap stamped
497	503		"E.H.R.A. 713-784-4500" found for the beginning of a compound curve
498	504		to the right.
499	505		THENCE in a Southwesterly direction with the common
500	506		Northeasterly right-of-way line of said Grand Circle Boulevard, the
501	507		Southwest line of this tract of land and said compound curve to the
502	508		right having a central angle of 11°38'51", a radius of 2937.00 feet,
503	509		a length of 597.06 feet and a chord bearing and distance of N
504	510		84°58'53" W, 596.03 feet to a found 5/8" iron rod with cap stamped
505	511		"E.H.R.A. 713-784-4500" for the beginning of a compound curve to
506	512		the right.
507	513		THENCE in a Northwesterly direction with the common
508	514		Northeasterly right-of-way line of said Grand Circle Boulevard, the
509	515		Southwest line of this tract of land and said compound curve to the
510	516		right having a central angle of 33°55'34", a radius of 800.00 feet, a
511	517		length of 473.70 feet and a chord bearing and distance of N 62°11'40"
512	518		W, 466.81 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
513	519		713-784-4500" for the end of this compound curve.
514	520		THENCE N 45°13'53" W with the Northeasterly right-of-way line
515	521		of said Grand Circle Boulevard and the Southwest line of this tract
516	522		of land a distance of 1.49 feet to a found 5/8" iron rod with cap
517	523		stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
518	524		right.
519	525		THENCE in a Northwesterly direction with the Westerly line of
520	526		this tract of land, the Easterly right-of-way of said Grand Circle
521	527		Boulevard and said curve to the right having a central angle of
522	528		42°18'57", a radius of 790.00 feet, a length of 583.46 feet and a
523	529		chord bearing and distance of N 24°04'24" W, 570.29 feet to a found
524	530		5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the end
525	531		of this curve.
526	532		THENCE N 02°54'56" W with the Westerly line of this tract of
527	533		land and the Easterly right-of-way of said Grand Circle Boulevard a
528	534		distance of 65.71 feet to a found 5/8" iron rod with cap stamped
529	535		"E.H.R.A. 713-784-4500" for the beginning of a curve to the right.
530	536		THENCE in a Northeasterly direction with the Westerly line of
531	537		this tract of land, the Easterly right-of-way of said Grand Circle
532	538		Boulevard and said curve to the right having a central angle of
533	539		19°44'56", a radius of 1260.00 feet, a length of 434.30 feet and a
534	540		chord bearing and distance of N 06°57'32" E, 432.15 feet to a found
535	541		5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
536	542		beginning of a compound curve to the right.
537	543		THENCE in a Northeasterly direction with the Northwesterly
538	544		line of this tract of land, the Southeasterly right-of-way of said
539	545		Grand Circle Boulevard and said compound curve to the right having a
540	546		central angle of 30°41'24", a radius of 940.00 feet, a length of
541	547		503.50 feet and a chord bearing and distance of N 32°10'42" E, 497.51
542	548		feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
543	549		713-784-4500" for the end of this compound curve.
544	550		THENCE N 47°31'24" E with the Northwesterly line of this tract
545	551		of land and the Southeasterly right-of-way of said Grand Circle
546	552		Boulevard a distance of 16.25 feet to a found 5/8" iron rod with cap
547	553		stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
548	554		right.
549	555		THENCE in a Northeasterly direction with the Northwesterly
550	556		line of this tract of land, the Southeasterly right-of-way of said
551	557		Grand Circle Boulevard and said curve to the right having a central
552	558		angle of 11°36'33", a radius of 1165.00 feet, a length of 236.05 feet
553	559		and a chord bearing and distance of N 53°19'41" E, 235.65 feet to the
554	560		PLACE OF BEGINNING; containing within said boundaries a calculated
555	561		area of 88.03 (3,834,413 sq.ft.) of an acre of land.
556	562		TRACT 2 - 15.59 ACRES
557	563		Being all of Restricted Reserve A of Westside Mall, Section
558	564		1, Partial Replat No. 1 according to the map or plat thereof as
559	565		recorded at Film Code No. 675479 of the Map Records of Harris
560	566		County, Texas.
561	567		TRACT 3 - 4.09 ACRES
562	568		FIELD NOTES of a 4.09 acre tract of land situated in the H.T. &
563	569		B. RR Co. Survey, Abstract No. 421, Harris County, Texas; said
564	570		4.09 acre tract of land being out of and a part of Restricted
565	571		Reserve A according to the map or plat thereof as recorded at Film
566	572		Code No. 462117 of the Map Records of Harris County, Texas; said
567	573		4.09 acre tract of land being more particularly described by metes
568	574		and bounds as follows:
569	575		NOTE: All bearings are Lambert grid bearings and all
570	576		coordinates refer to the Texas State Plane Coordinate System, South
571	577		Central Zone (#4202), as defined by article 21.071 of the Natural
572	578		Resources Code of the State of Texas, 1983 Datum (2001 adjustment).
573	579		All distance are actual distances. Scale factor = 0.99989325287.
574	580		BEGINNING at a found 1/2 inch iron rod with cap stamped "Bury &
575	581		Partners" for the Northwest corner of this tract of land, the same
576	582		being the Southwest corner of a called 7.0279 acre tract of land
577	583		conveyed to J.C. Penney Properties, Inc. as recorded at County
578	584		Clerk's File No. Y870027 of the Official Public Records of Real
579	585		Property of Harris County, Texas; said point being in the East
580	586		right-of-way line of State Highway 99 (aka Grand Parkway, R.O.W.
581	587		varies) as recorded at County Clerk's File No. M125086 of the
582	588		Official Public Records of Real Property of Harris County, Texas.
583	589		THENCE N 88°19'00" E with the North line of this tract of land
584	590		and the South line of J.C. Penney tract of land a distance of 271.10
585	591		feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
586	592		713-784-4500", an angle point of said J.C. Penney tract of land.
587	593		THENCE S 01°40'57" E with the North line of this tract of land
588	594		and the South line of said J.C. Penney tract of land a distance of
589	595		8.00 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
590	596		713-784-4500", an angle point of said J.C. Penney tract of land.
591	597		THENCE N 88°19'03" E with the North line of this tract of land
592	598		and the South line of said J.C. Penney tract of land a distance of
593	599		76.25 feet to a found mag nail with shiner stamped "Bury & Partners"
594	600		for an angle point of this tract of land and an angle point of a
595	601		tract of land called 4.996 acres as conveyed to Parkside NEC Grand
596	602		Parkway as recorded at County Clerk's File No. 20140006523 of the
597	603		Official Public Records of Real Property of Harris County, Texas.
598	604		THENCE N 02°40'57" W with the North line of this tract of land
599	605		and an interior line of said Parkside NEC tract of land a distance
600	606		of 8.00 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
601	607		713-784-4500", an angle point of said Parkside NEC tract of land;
602	608		said point being in the South line of said J.C. Penney tract of
603	609		land.
604	610		THENCE N 88°19'03" E with the North line of this tract of land
605	611		and the South line of said J.C. Penney tract of land a distance of
606	612		73.89 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
607	613		713-784-4500", an angle point of said J.C. Penney tract of land.
608	614		THENCE S 01°40'57" E with an interior line of this tract of
609	615		land and the most Westerly East line of said J.C. Penney tract of
610	616		land a distance of 115.00 feet to a found mag nail with shiner
611	617		stamped "Bury & Partners" for an interior corner of this tract of
612	618		land and an angle point of said J.C. Penney tract of land.
613	619		THENCE N 88°19'03" E with the North line of this tract of land
614	620		and the South line of said J.C. Penney tract of land a distance of
615	621		305.86 feet to a found mag nail with shiner stamped "Bury &
616	622		Partners" for the most Easterly Northeast corner of this tract of
617	623		land and the Southeast corner of said J.C. Penney tract of land;
618	624		said point being in the West right-of-way line of Grand Circle
619	625		Boulevard (80' R.O.W.) as recorded at Film Code No. 446143 of the
620	626		Map Records of Harris County, Texas, and the beginning of a
621	627		non-tangent curve to the left, concave Easterly.
622	628		THENCE in a Southerly direction with the East line of this
623	629		tract of land, the West right-of-way line of said Grand Circle
624	630		Boulevard and said non-tangent curve to the left having a central
625	631		angle of 00°41'26", a radius of 1340.00 feet, a length of 16.15 feet
626	632		and a chord bearing and distance of S 06°05'18" W, 16.15 feet to a
627	633		found 3/4 inch iron rod with cap stamped "E.H.R.A. 713-784-4500"
628	634		for the most Easterly Southeast corner of this tract of land and
629	635		also being the Northeast corner of a called 1.5000 acre tract of
630	636		land conveyed to Cowboy Red-Katy, Ltd. as recorded at County
631	637		Clerk's File No. 20090003573 of the Official Public Records of Real
632	638		Property of Harris County, Texas.
633	639		THENCE S 88°19'03" W with the most Easterly South line of this
634	640		tract of land and the North line of said Cowboy Red-Katy tract of
635	641		land a distance of 226.15 feet to a found 'X' for an angle point of
636	642		this tract of land and also being the Northwest corner of said
637	643		Cowboy Red-Katy tract of land.
638	644		THENCE S 01°40'57" E with the East line of this tract of land
639	645		and the West line of said Cowboy Red-Katy tract of land a distance
640	646		of 197.16 feet to a found 5/8 inch iron rod with cap stamped
641	647		"E.H.R.A. 713-784-4500" for the Easterly Southeast corner of this
642	648		tract of land.
643	649		THENCE S 88°20'27" W, a distance of 243.49 feet to a found 5/8
644	650		inch iron rod with cap stamped "E.H.R.A. 713-784-4500" for an
645	651		internal corner of the herein described tract.
646	652		THENCE S 01°41'03" E, a distance of 135.45 feet to a found 5/8
647	653		inch iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
648	654		point of curvature to the left.
649	655		THENCE in a southerly direction with said curve to the left
650	656		having a central angle of 21°52'28", a radius of 212.00 feet, a
651	657		length of 80.94 feet and a chord bearing and distance of S 12°37'17"
652	658		E, 80.45 feet to a found 5/8 inch iron rod with cap stamped
653	659		"E.H.R.A. 713-784-4500", being the beginning of a non-tangent curve
654	660		to the left, concave Southeasterly; said point being in the South
655	661		line of said Reserve A and also being in the North right-of-way line
656	662		of Mercantile Parkway (R.O.W. varies) as recorded at Film Code
657	663		No. 446143 of the Map Records of Harris County, Texas.
658	664		THENCE in a Southwesterly with the South line of this tract of
659	665		land, the South line of said Reserve A, the North right-of-way line
660	666		of said Mercantile Parkway and said curve to the right having a
661	667		central angle of 09°15'11", a radius of 500.00 feet, a length of
662	668		80.75 feet and a chord bearing and distance of S 67°14'17" W, 80.66
663	669		feet to the most Southerly Southwest corner of this tract of land
664	670		and also being the Southeast corner of a called 1.459 acre tract of
665	671		land conveyed to Levine Investments Limited Partnership as recorded
666	672		at County Clerk's File No. 20080241652 of the Official Public
667	673		Records of Real Property of Harris County, Texas; from this point a
668	674		found 3/4 inch iron rod with cap stamped "Pate Surveyors" bears S
669	675		58°23'35" W a distance of 0.21 feet.
670	676		THENCE N 01°41'03" W with an interior line of this tract of
671	677		land and the East line of said Levine Investments tract of land a
672	678		distance of 243.47 feet to a found "X" for an angle point of this
673	679		tract of land and also being the Northeast corner of said Levine
674	680		Investments tract of land.
675	681		THENCE S 88°20'27" W with the South line of this tract of and
676	682		the North line of said Levine Investments tract of land a distance
677	683		of 232.73 feet to a found 3/4 inch iron rod with cap stamped "Pate
678	684		Surveyors" for the most Westerly Southwest corner of this tract of
679	685		land, the Northwest corner of said Levine Investments tract of land
680	686		and also being in the East right-of-way line of said State Highway
681	687		99.
682	688		THENCE N 04°51'27" E with the West line of this tract of land
683	689		and the East right-of-way line of said State Highway 99 a distance
684	690		of 330.09 feet to the PLACE OF BEGINNING; containing within said
685	691		boundaries a calculated area of 4.09 acres (178,296 sq.ft.) of
686	692		land.
687	693		TRACT 4 - 1.78 ACRES
688	694		Being all of Unrestricted Reserve D in Block 3 of Westside
689	695		Mall, Section One according to the map or plat thereof as recorded
690	696		at Film Code No. 462117 of the Map Records of Harris County, Texas.
691	697		SECTION 3. (a) The legal notice of the intention to
692	698		introduce this Act, setting forth the general substance of this
693	699		Act, has been published as provided by law, and the notice and a
694	700		copy of this Act have been furnished to all persons, agencies,
695	701		officials, or entities to which they are required to be furnished
696	702		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
697	703		Government Code.
698	704		(b) The governor, one of the required recipients, has
699	705		submitted the notice and Act to the Texas Commission on
700	706		Environmental Quality.
701	707		(c) The Texas Commission on Environmental Quality has filed
702	708		its recommendations relating to this Act with the governor,
703	709		lieutenant governor, and speaker of the house of representatives
704	710		within the required time.
705	711		(d) The general law relating to consent by political
706	712		subdivisions to the creation of districts with conservation,
707	713		reclamation, and road powers and the inclusion of land in those
708	714		districts has been complied with.
709	715		(e) All requirements of the constitution and laws of this
710	716		state and the rules and procedures of the legislature with respect
711	717		to the notice, introduction, and passage of this Act have been
712	718		fulfilled and accomplished.
713	719		SECTION 4. This Act takes effect immediately if it receives
714	720		a vote of two-thirds of all the members elected to each house, as
715	721		provided by Section 39, Article III, Texas Constitution. If this
716	722		Act does not receive the vote necessary for immediate effect, this
717	723		Act takes effect September 1, 2017.
718		-	______________________________ ______________________________
719		-	President of the Senate Speaker of the House
720		-	I certify that H.B. No. 4321 was passed by the House on May
721		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
722		-	voting.
723		-	______________________________
724		-	Chief Clerk of the House
725		-	I certify that H.B. No. 4321 was passed by the Senate on May
726		-	24, 2017, by the following vote: Yeas 30, Nays 1.
727		-	______________________________
728		-	Secretary of the Senate
729		-	APPROVED: _____________________
730		-	Date
731		-	_____________________
732		-	Governor
	724	+	* * * * *