1-1     By:  Brown, Ellis                                     S.B. No. 1750

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Intergovernmental

 1-4     Relations; April 11, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     April 11, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1750                 By:  Shapiro

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the creation, administration, powers, and duties of the

1-11     Upper Kirby Management District; granting the authority to issue

1-12     bonds; authorizing a tax.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Subtitle A, Title 12, Local Government Code, is

1-15     amended by adding Chapter 376 to read as follows:

1-16            CHAPTER 376.  SPECIFIC MUNICIPAL MANAGEMENT DISTRICTS

1-17                  (Subchapters A-C reserved for expansion

1-18               SUBCHAPTER D.  UPPER KIRBY MANAGEMENT DISTRICT

1-19           Sec. 376.121.  CREATION OF DISTRICT.  (a)  A special district

1-20     to be known as the "Upper Kirby Management District" exists as a

1-21     governmental agency, body politic and corporate, and political

1-22     subdivision of the state.

1-23           (b)  The name of the district may be changed by resolution of

1-24     the board.

1-25           (c)  The creation of the district is essential to accomplish

1-26     the purposes of Section 52, Article III, Section 59, Article XVI,

1-27     and Section 52-a, Article III, Texas Constitution, and other public

1-28     purposes stated in this subchapter.

1-29           Sec. 376.122.  DECLARATION OF INTENT.  (a)  The creation of

1-30     the district is necessary to promote, develop, encourage, and

1-31     maintain employment, commerce, transportation, housing, tourism,

1-32     recreation, arts, entertainment, economic development, safety, and

1-33     the public welfare in the area traversed by Kirby Drive in the

1-34     municipality.

1-35           (b)  The creation of the district and this legislation are

1-36     not to be interpreted to relieve the county or the municipality

1-37     from providing the level of services, as of September 1, 1997, to

1-38     the area in the district or to release the county or the

1-39     municipality from the obligations each entity has to provide

1-40     services to that area.  The district is created to supplement and

1-41     not supplant the municipal or county services provided in the area

1-42     in the district.

1-43           (c)  By creating the district and in authorizing the

1-44     municipality, county, and other political subdivisions to contract

1-45     with the district, the legislature has established a program to

1-46     accomplish the public purposes set out in Section 52-a, Article

1-47     III, Texas Constitution.

1-48           Sec. 376.123.  DEFINITIONS.  In this subchapter:

1-49                 (1)  "Board" means the board of directors of the

1-50     district.

1-51                 (2)  "District" means the Upper Kirby Management

1-52     District.

1-53                 (3)  "Municipality" means the City of Houston, Texas.

1-54                 (4)  "County" means Harris County, Texas.

1-55           Sec. 376.124.  BOUNDARIES.  (a)  The district includes all

1-56     the acreage contained in the following sixty-four (64) tracts of

1-57     land in the A.C. Reynolds Survey, Abstract No. 61, in the City of

1-58     Houston, Harris County, Texas, more particularly described as

1-59     follows:

1-60     (1)  TRACT ONE:

1-61           A tract of land being all of two tracts of land being 19,230

1-62     Square Feet and 102,972 Square Feet, being part of and out of

1-63     DICKEYS WEST PARK, a subdivision of land according to the map or

1-64     plat thereof recorded in Volume 55, Page 45 of the Harris County

 2-1     Deed Records, said tract being more particularly described as

 2-2     follows:

 2-3           BEGINNING at the intersection of the existing southerly line

 2-4     of San Felipe Road with the existing east line of Kirby Drive;

 2-5           THENCE easterly along the existing southerly line of San

 2-6     Felipe Road, approximately 306.90 feet to a point for corner, same

 2-7     being the intersection of the existing southerly line of San Felipe

 2-8     Road with the west line of Argonne Street;

 2-9           THENCE southerly along the west line of Argonne Street,

2-10     approximately 432.09 feet to the northerly line of the HUNTINGDON

2-11     CONDOMINIUM subdivision according to the map or plat thereof

2-12     recorded in Volume 132, Page 90 of the Condominium Records of

2-13     Harris County, Texas;

2-14           THENCE westerly along the north line of said HUNTINGDON

2-15     CONDOMINIUM subdivision, approximately 301.9 feet to the Northwest

2-16     corner of said HUNTINGDON CONDOMINIUM subdivision, on the existing

2-17     east line of Kirby Drive;

2-18           THENCE northerly along the existing east line of Kirby Drive,

2-19     approximately 377.11 feet to the POINT OF BEGINNING.

2-20     (2)  TRACT TWO:

2-21           A tract of land being Tract or Block 25 according to the map

2-22     or plat of RIVER OAKS, SECTION FOUR (4), a subdivision of land

2-23     recorded in Volume 9, Page 27 of the Harris County Map Records,

2-24     said tract being more particularly described as follows:

2-25           BEGINNING at the intersection of the existing northerly line

2-26     of Westheimer Road with the east line of River Oaks Boulevard;

2-27           THENCE northerly along the east line of River Oaks Boulevard,

2-28     approximately 284.8 feet to the intersection of the south line of

2-29     Locke Lane with the east line of River Oaks Boulevard;

2-30           THENCE easterly along the south line of Locke Lane,

2-31     approximately 393.7 feet to the intersection of the west line of

2-32     Eastside Lane with the south line of Locke Lane;

2-33           THENCE southerly along the west line of Eastside Lane,

2-34     approximately 285 feet to the intersection of the west line of

2-35     Eastside Lane with the existing northerly line of Westheimer Road;

2-36           THENCE westerly along the existing northerly line of

2-37     Westheimer Road to the POINT OF BEGINNING.

2-38     (3)  TRACT THREE:

2-39           A tract of land being shown on the plat or map as "Reserved

2-40     for Business Purposes" of the subdivision of the SECOND ADDITION TO

2-41     AVALON PLACE as recorded in Volume 12, Page 70 of the Harris County

2-42     Map Records, same being part of and out of Blocks 16, 17 and 18 of

2-43     DICKEYS WEST PARK ADDITION, a subdivision of land according to the

2-44     map or plat thereof recorded in Volume 55, Page 45 of the Harris

2-45     County Deed Records, and also including a portion of a closed

2-46     street labeled as Virginia Avenue (50 feet wide) as shown on the

2-47     said plat of SECOND ADDITION TO AVALON PLACE, said tract being more

2-48     particularly described as follows:

2-49           BEGINNING at the intersection of the existing east line of

2-50     Bellmeade Road with the existing northerly line of Westheimer Road;

2-51           THENCE in a northerly direction along the east line of

2-52     Bellmeade Road, approximately 143.5 feet to a point for corner, on

2-53     the South line of Block D of said SECOND ADDITION TO AVALON PLACE;

2-54           THENCE easterly along the southerly line of lots or tracts

2-55     out of Block D, Block E and Block F, respectively, to a point for

2-56     corner, on the existing west line of Kirby Drive;

2-57           THENCE southerly along the existing west line of Kirby Drive,

2-58     approximately 305 feet to the intersection of the existing

2-59     northerly line of Westheimer Road with the existing west line of

2-60     Kirby Drive;

2-61           THENCE westerly along the existing line of Westheimer Road,

2-62     approximately 1,048 feet to the POINT OF BEGINNING, "save and

2-63     except" that portion of Lake Avenue (50 feet wide) between Blocks

2-64     16 and 17 of said SECOND ADDITION TO AVALON PLACE.

2-65     (4)  TRACT FOUR:

2-66           A tract of land being part of and out Block 15 of DICKEYS

2-67     WEST PARK ADDITION, a subdivision of land according to the map or

2-68     plat recorded in Volume 55, Page 45 of the Harris County Deed

2-69     Records, said tract being more particularly described as follows:

 3-1           BEGINNING at the intersection of the existing east line of

 3-2     Kirby Drive with the existing northerly line of Westheimer Road;

 3-3           THENCE northerly along the existing east line of Kirby Drive

 3-4     to the point of intersection of the existing east line of Kirby

 3-5     Drive with the southerly line of San Saba Street;

 3-6           THENCE easterly along the southerly line of San Saba Street

 3-7     to the intersection of the southerly line of San Saba Street with

 3-8     the west line of Argonne Avenue;

 3-9           THENCE southerly along the west line of Argonne Avenue to the

3-10     intersection of the west line of Argonne Avenue with the existing

3-11     northerly line of Westheimer Road;

3-12           THENCE westerly along the existing northerly line of

3-13     Westheimer Road to the POINT OF BEGINNING.

3-14     (5)  TRACT FIVE:

3-15           A tract of land being part of and out of Block 14 of COLLEGE

3-16     HEIGHTS, a subdivision of land according to the map or plat thereof

3-17     recorded in Volume 3, Page 38B of the Harris County Map Records,

3-18     said tract being more particularly described as follows:

3-19           BEGINNING at the intersection of the existing southerly line

3-20     of Westheimer Road with the east line of Argonne Avenue;

3-21           THENCE easterly along the existing southerly line of

3-22     Westheimer Road to the intersection of the west line of Revere

3-23     Avenue with the existing southerly line of Westheimer Road;

3-24           THENCE southerly along the west line of Revere Avenue to the

3-25     intersection of the north line of Cameron Street with the west line

3-26     of Revere Avenue;

3-27           THENCE westerly along the north line of Cameron Street to the

3-28     intersection of the east line of Argonne Avenue with the north line

3-29     of Cameron Street;

3-30           THENCE northerly along the east line of Argonne Avenue to the

3-31     POINT OF BEGINNING.

3-32     (6)  TRACT SIX:

3-33           A tract of land being part of and out of Block 15 of COLLEGE

3-34     HEIGHTS, a subdivision of land according to the map or plat thereof

3-35     recorded in Volume 3, Page 38B of the Harris County Map Records,

3-36     said tract being more particularly described as follows:

3-37           BEGINNING at the intersection of the existing southerly line

3-38     of Westheimer Road with the existing easterly line of Kirby Drive;

3-39           THENCE easterly along the existing southerly line of

3-40     Westheimer Road to the intersection of the west line of Argonne

3-41     Avenue with the existing southerly line of Westheimer Road;

3-42           THENCE southerly along the west line of Argonne Avenue to the

3-43     intersection of the north line of Cameron Street with the west line

3-44     of Argonne Avenue;

3-45           THENCE westerly along the north line of Cameron Street to the

3-46     intersection of the existing east line of Kirby Drive with the

3-47     north line of Cameron Street;

3-48           THENCE northerly along the existing east line of Kirby Drive

3-49     to the POINT OF BEGINNING.

3-50     (7)  TRACT SEVEN:

3-51           A tract of land being part of and out of Block 36 of COLLEGE

3-52     HEIGHTS, a subdivision of land according to the map or plat thereof

3-53     recorded in Volume 3, Page 38B of the Harris County Map Records,

3-54     and also being part of and out of Block 22 of DICKEYS WEST PART

3-55     ADDITION, a subdivision of land according to the map or plat

3-56     thereof recorded in Volume 45, Page 55 of the Harris County Deed

3-57     Records, and being all of 2701 KIRBY, a subdivision of land

3-58     according to the map or plat thereof recorded in Volume 348, Page

3-59     17 of the Harris County Map Records, and also being all of COLLEGE

3-60     HEIGHTS, a subdivision of land according to the map or plat thereof

3-61     recorded in Volume 318, Page 109 of the Harris County Map Records,

3-62     said tract being more particularly described as follows:

3-63           BEGINNING at the intersection of a cutback line in the

3-64     existing east line of Kirby Drive with the southerly line of

3-65     Cameron Street;

3-66           THENCE easterly along the south line of Cameron Street to the

3-67     intersection of the west line of Argonne Avenue with the south line

3-68     of Cameron Street;

3-69           THENCE southeasterly along a cutback line for Cameron Street

 4-1     to the southerly termination of said cutback line, on the west line

 4-2     of Argonne Avenue;

 4-3           THENCE southerly along the west line of Argonne Avenue,

 4-4     passing the northeast corner of aforesaid COLLEGE HEIGHTS ADDITION

 4-5     1982, and continuing to the north termination of a cutback line in

 4-6     said west line of Argonne Avenue;

 4-7           THENCE southwesterly along the said cutback for the west line

 4-8     of Argonne Avenue to the southerly termination of said cutback

 4-9     line, on the north line of Kipling Street;

4-10           THENCE westerly along the north line of Kipling Street to a

4-11     point for corner, same being the south termination of a cutback

4-12     line for the existing east line of Kirby Drive;

4-13           THENCE northwesterly along said cutback line to a point for

4-14     corner, on the existing east line of Kirby Drive;

4-15           THENCE northerly along the existing east line of Kirby Drive

4-16     to the southerly termination of a cutback line for Cameron Street;

4-17           THENCE northeasterly along the said cutback line for Cameron

4-18     Street to the POINT OF BEGINNING.

4-19     (8)  TRACT EIGHT:

4-20           A tract of land being part of and out of Block 28 of COLLEGE

4-21     HEIGHT, a subdivision of land according to the map or plat thereof

4-22     recorded in Volume 3, Page 38B of the Harris County Map Records,

4-23     said tract being more particularly described as follows:

4-24           BEGINNING at the intersection of the existing east line of

4-25     Kirby Drive with the south line of Kipling Street;

4-26           THENCE easterly along the south line of Kipling Street to the

4-27     intersection of the west line of Argonne Avenue with the south line

4-28     of Kipling Street;

4-29           THENCE southerly along the west line of Argonne Avenue to the

4-30     intersection of the north line of Steel Street with the west line

4-31     of Argonne Avenue;

4-32           THENCE westerly along the north line of Steel Street to the

4-33     intersection of the existing east line of Kirby Drive with the

4-34     north line of Steel Street;

4-35           THENCE northerly along the existing east line of Kirby Drive

4-36     to the POINT OF BEGINNING.

4-37     (9)  TRACT NINE:

4-38           A tract of land being part of and out of Block 23 of COLLEGE

4-39     HEIGHTS, a subdivision of land according to the map or plat thereof

4-40     recorded in Volume 3, Page 38B of the Harris County Map Records,

4-41     said tract being more particularly described as follows:

4-42           BEGINNING the intersection of the existing east line of Kirby

4-43     Drive with the south line of Steel Street;

4-44           THENCE easterly along the south line of Steel Street to the

4-45     intersection of the west line of Argonne Avenue with the south line

4-46     of Steel Street;

4-47           THENCE southerly along the west line of Argonne Avenue to the

4-48     intersection of the existing north line of West Alabama Street with

4-49     the west line of Argonne Avenue;

4-50           THENCE westerly along the existing north line of West Alabama

4-51     Street to the intersection of the existing east line of Kirby Drive

4-52     with the existing north line of West Alabama Street;

4-53           THENCE northerly along the existing east line of Kirby Drive

4-54     to the POINT OF BEGINNING.

4-55     (10)  TRACT TEN:

4-56           A tract of land being part of and out of Block 46 of COLLEGE

4-57     HEIGHTS, a subdivision of land according to the map or plat thereof

4-58     recorded in Volume 3, Page 38B of the Harris County Map Records,

4-59     said tract being more particularly described as follows:

4-60           BEGINNING at the intersection of the existing southerly line

4-61     of Westheimer Road with the existing west line of Kirby Drive;

4-62           THENCE southerly along the existing west line of Kirby Drive

4-63     to the intersection of the north line of Cameron Street with the

4-64     existing west line of Kirby Drive;

4-65           THENCE westerly along the north line of Cameron Street to the

4-66     intersection of the east line of Lake Street with the north line of

4-67     Cameron Street;

4-68           THENCE northerly along the east line of Lake Street to the

4-69     intersection of the existing southerly line of Westheimer Road with

 5-1     the east line of Lake Street;

 5-2           THENCE easterly along the existing southerly line of

 5-3     Westheimer Road to the POINT OF BEGINNING.

 5-4     (11)  TRACT ELEVEN:

 5-5           A tract of land being part of and out Block 41 of COLLEGE

 5-6     HEIGHTS, a subdivision of land according to the map or plat thereof

 5-7     recorded in Volume 3, Page 38B of the Harris County Map Records,

 5-8     and being a portion of abandoned Lake Street adjoining the west

 5-9     side of said Block 41 (as shown on said map of COLLEGE HEIGHTS),

5-10     said tract being more particularly described as follows:

5-11           BEGINNING at the intersection of the existing west line of

5-12     Kirby Drive with the south line of Cameron Street;

5-13           THENCE southerly along the existing west line of Kirby Drive

5-14     to the intersection of the north line of Rosamond Street with the

5-15     existing west line of Kirby Drive;

5-16           THENCE westerly along the north line of Rosamond Street to

5-17     the Southeast corner of the REGENCY HOUSE CONDOMINIUMS, a

5-18     condominium subdivision according to the map or plat thereof

5-19     recorded in Volume 107, Page 101 of the Condominium Records of

5-20     Harris County, Texas;

5-21           THENCE northerly along the east line of the said REGENCY

5-22     HOUSE CONDOMINIUMS to the most easterly northeast corner of said

5-23     REGENCY HOUSE CONDOMINIUMS, on the south line of Cameron Street;

5-24           THENCE easterly along the south line of Cameron Street to the

5-25     POINT OF BEGINNING.

5-26     (12)  TRACT TWELVE:

5-27           A tract of land being part of and out of Blocks 33 and 34 of

5-28     COLLEGE HEIGHTS, a subdivision of land according to the map or plat

5-29     thereof recorded in Volume 3, Page 38B of the Harris County Map

5-30     Records, and a portion of abandoned Lake Street (50 feet wide)

5-31     lying between said Blocks 33 and 34, said tract being more

5-32     particularly described as follows:

5-33           BEGINNING at the intersection of the existing west line of

5-34     Kirby Drive with the south line of Rosamond Street;

5-35           THENCE southerly along the existing west line of Kirby Drive,

5-36     approximately 240 feet to the intersection of the north line of

5-37     Kipling Street with the existing west line of Kirby Drive;

5-38           THENCE westerly along the north line of Kipling Street to the

5-39     intersection of the east line of Virginia Avenue with the north

5-40     line of Kipling Street;

5-41           THENCE northerly along the east line of Virginia Avenue,

5-42     approximately 240 feet to the intersection of the south line of

5-43     Rosamond Street with the east line of Virginia Avenue;

5-44           THENCE easterly along the south line of Rosamond Street to

5-45     the POINT OF BEGINNING.

5-46     (13)  TRACT THIRTEEN:

5-47           A tract of land being part of and out of Blocks 29 and 30 of

5-48     COLLEGE HEIGHTS, a subdivision of land according to the map or plat

5-49     thereof recorded in Volume 3, Page 38B of the Harris County Map

5-50     Records, and a portion of abandoned Lake Street (50 feet wide)

5-51     lying between said Block 29 and 30, said tract being more

5-52     particularly described as follows:

5-53           BEGINNING at the intersection of the existing west line of

5-54     Kirby Drive with the south line of Kipling Street;

5-55           THENCE southerly along the existing west line of Kirby Drive

5-56     to the intersection of the north line of Steel Street with the

5-57     existing west line of Kirby Drive;

5-58           THENCE westerly along the north line of Steel Street to the

5-59     intersection of the east line of Virginia Street with the north

5-60     line of Steel Street;

5-61           THENCE northerly along the east line of Virginia Street to

5-62     the northwest corner of Lot 9 of said Block 30;

5-63           THENCE easterly along the northerly line of Lots 9 through

5-64     13, respectively, of said Block 30, to the common corner of Lots 3,

5-65     4, 13 and 14 of said Block 30;

5-66           THENCE northerly along the common line of said Lots 3 and 4,

5-67     approximately 122 feet to the common northerly corner of said Lots

5-68     3 and 4, on the south line of Kipling Street;

5-69           THENCE easterly along the south line of Kipling Street to the

 6-1     POINT OF BEGINNING.

 6-2     (14)  TRACT FOURTEEN:

 6-3           A tract of land being part of and out of Blocks 21 and 22 of

 6-4     COLLEGE HEIGHTS, a subdivision of land according to the map or plat

 6-5     thereof recorded in Volume 3, Page 38B of the Harris County Map

 6-6     Records, said tract being more particularly described as follows:

 6-7           BEGINNING at the intersection of the existing west line of

 6-8     Kirby Drive with the south line of Steel Street;

 6-9           THENCE southerly along the existing west line of Kirby Drive

6-10     to the intersection of the existing north line of West Alabama

6-11     Street;

6-12           THENCE westerly along the existing north line of West Alabama

6-13     Street to the intersection of the east line of Virginia Street with

6-14     the existing north line of West Alabama Street;

6-15           THENCE northerly along the east line of Virginia Street to

6-16     the intersection of the south line of Steel Street with the east

6-17     line of Virginia Street;

6-18           THENCE easterly along the south line of Steel Street to the

6-19     POINT OF BEGINNING.

6-20     (15)  TRACT FIFTEEN:

6-21           A tract of land being part of and out of Commercial Block

6-22     Seven (7) of the Second Replat of DAVID CROCKETT, a subdivision of

6-23     land according to the map or plat thereof recorded in Volume 31,

6-24     Page 35 of the Harris County Map Records, said tract being more

6-25     particularly described as follows:

6-26           BEGINNING at the intersection of the existing south line of

6-27     West Alabama Street with the existing west line of Kirby Drive;

6-28           THENCE southerly along the existing west line of Kirby Drive

6-29     to the intersection of the north line of West Main Street with the

6-30     existing west line of Kirby Drive;

6-31           THENCE westerly along the north line of West Main Street to

6-32     the intersection of the east line of Lake Street with the north

6-33     line of West Main Street;

6-34           THENCE northerly along the east line of Lake Street to the

6-35     intersection of the existing south line of West Alabama Street with

6-36     the east line of Lake Street;

6-37           THENCE easterly along the existing south line of West Alabama

6-38     Street to the POINT OF BEGINNING.

6-39     (16)  TRACT SIXTEEN:

6-40           A tract of land being part of and out of Block One (1) of

6-41     DAVID CROCKETT, a subdivision of land according to the map or plat

6-42     thereof recorded in Volume 31, Page 35 of the Harris County Map

6-43     Records, said tract being more particularly described as follows:

6-44           BEGINNING at the intersection of the existing west line of

6-45     Kirby Drive with the south line of West Main Street;

6-46           THENCE southerly along the existing west line of Kirby Drive

6-47     to the intersection of the north line of Colquitt Street with the

6-48     existing west line of Kirby Drive;

6-49           THENCE westerly along the north line of Colquitt Street to

6-50     the intersection of the east line of Lake Street with the north

6-51     line of Colquitt Street;

6-52           THENCE northerly along the east line of Lake Street to the

6-53     intersection of the south line of West Main Street with the east

6-54     line of Lake Street;

6-55           THENCE easterly along the south line of West Main Street to

6-56     the POINT OF BEGINNING.

6-57     (17)  TRACT SEVENTEEN:

6-58           A tract of land being part of and out of Block 13 and 16 of

6-59     COLLEGE HEIGHTS, a subdivision of land according to the map or plat

6-60     thereof recorded in Volume 3, Page 38B of the Harris County Map

6-61     Records, and being a portion of abandoned Elmo Street lying between

6-62     said Blocks 13 and 16, and also being part of and out Block A of

6-63     DOZIER ADDITION, a subdivision of land according to the map or plat

6-64     thereof recorded in Volume 302, Page 300 of the Harris County Deed

6-65     Records, said tract being more particularly described as follows:

6-66           BEGINNING at the intersection of the existing east line of

6-67     Kirby Drive with the existing south line of West Alabama Street;

6-68           THENCE easterly along the existing south line of West Alabama

6-69     Street to the intersection of the west line of Argonne Avenue with

 7-1     the existing south line of West Alabama Street;

 7-2           THENCE southerly along the west line of Argonne Avenue to the

 7-3     intersection of the north line of Branard Street with the west line

 7-4     of Argonne Avenue;

 7-5           THENCE westerly along the north line of Branard Street to the

 7-6     intersection of the existing east line of Kirby Drive with the

 7-7     north line of Branard Street;

 7-8           THENCE northerly along the existing east line of Kirby Drive

 7-9     to the POINT OF BEGINNING.

7-10     (18)  TRACT EIGHTEEN:

7-11           A tract of land being part of and out of Block F of DOZIER

7-12     ADDITION, according to the map or plat thereof recorded in Volume

7-13     302, Page 300 of the Harris County Deed Records, and being and part

7-14     of and out of Tract No. 1 of the GEORGE RICH SUBDIVISION, according

7-15     to the map or plat thereof recorded in Volume 25, Page 25 of the

7-16     Harris County Map Records, said tract being more particularly

7-17     described as follows:

7-18           BEGINNING at the intersection of the existing east line of

7-19     Kirby Drive with the south line of Branard Street;

7-20           THENCE easterly along the south line of Branard Street to the

7-21     intersection of the west line of Argonne Street with the south line

7-22     of Branard Street;

7-23           THENCE southerly along the west line of Argonne Street to the

7-24     Southeast corner of said Block F, on the southerly termination of

7-25     Argonne Street, same being the north line of aforesaid GEORGE RICH

7-26     SUBDIVISION;

7-27           THENCE westerly along the north line of said GEORGE RICH

7-28     SUBDIVISION, same being the south line of said Block F, to the

7-29     common north corner of Lot 5 of aforesaid Tract No. 1, and Lot 1 of

7-30     Tract No. 2 of said GEORGE RICH SUBDIVISION;

7-31           THENCE southerly along the common line of said Lot 5 of Tract

7-32     No. 1 and Lot 1 of said Tract No. 2 to the common south corner of

7-33     said Lot 5 of Tract No. 1 and Lot 1 of said Tract No. 2, on the

7-34     north line of West Main Street;

7-35           THENCE westerly along the north line of West Main Street to

7-36     the intersection of the existing east line of Kirby Drive with the

7-37     north line of West Main Street;

7-38           THENCE northerly along the existing east line of Kirby Drive

7-39     to the POINT OF BEGINNING.

7-40     (19)  TRACT NINETEEN:

7-41           A tract of land being part of and out of Block No. 1, Tract

7-42     No. 7, and Tract No. 8 of the GEORGE RICH SUBDIVISION, according to

7-43     the map or plat thereof recorded in Volume 25, Page 25 of the

7-44     Harris County Map Records, said tract being more particularly

7-45     described as follows:

7-46           BEGINNING at the intersection of the existing east line of

7-47     Kirby Drive with the south line of West Main Street;

7-48           THENCE easterly along the south line of West Main Street to

7-49     the northeast corner of a tract of land described in deed recorded

7-50     in County Clerk's File No. G455073 in the Harris County Clerk's

7-51     Official Public Records of Real Property;

7-52           THENCE southerly along the east line of said tract described

7-53     in File No. G455073 to the southeast corner of said tract, on the

7-54     north line of Block No. 1;

7-55           THENCE westerly along the north line of said Block No. 1 to

7-56     the northeast corner of a tract of land heretofore described in

7-57     County Clerk's File No. F090331 in the Harris County Clerk's

7-58     Official Public Records of Real Property;

7-59           THENCE southerly along the east line of said tract described

7-60     in File No. F090331 to the southeast corner of said tract, on the

7-61     north line of Richton Street;

7-62           THENCE westerly along the north line of Richton Street to the

7-63     intersection of the existing east line of Kirby Drive with the

7-64     north line of Richton Street;

7-65           THENCE northerly along the existing east line of Kirby Drive

7-66     to the POINT OF BEGINNING.

7-67     (20)  TRACT TWENTY:

7-68           A tract of land being part of and out of Block No. 2 of the

7-69     GEORGE RICH SUBDIVISION, according to the map or plat thereof

 8-1     recorded in Volume 25, Page 25 of the Harris County Map Records,

 8-2     and also being comprised of various acreage tracts; said tract

 8-3     being more particularly described as follows:

 8-4           BEGINNING at the intersection of the existing east line of

 8-5     Kirby Drive with the south line of Richton Street;

 8-6           THENCE easterly along the south line of Richton Street to the

 8-7     common north corner of Lots 5 and 6 of said Block No. 2 of the

 8-8     GEORGE RICH SUBDIVISION;

 8-9           THENCE southerly along the common line of said Lots 5 and 6,

8-10     approximately 100 feet to the common south corner of said Lots 5

8-11     and 6, on the south line of the said GEORGE RICH SUBDIVISION;

8-12           THENCE easterly along the south line of the said GEORGE RICH

8-13     SUBDIVISION to the northeast corner of a called 2 Acre Tract

8-14     described in Volume 3006, Page 378 of the Harris County Deed

8-15     Records;

8-16           THENCE southerly along the east line of said called 2 Acre

8-17     Tract to a point for corner, on the north line of a called tract

8-18     described in Clerks' File No. L054550 of the Harris County Clerk's

8-19     Official Public Records of Real Property (HCCOPRRP);

8-20           THENCE easterly along the northerly line of said tract

8-21     described in Clerk's File No. L054550 to the northeast corner of

8-22     said tract, on the west line of a tract heretofore described in

8-23     Clerk's File No. B619139 (HCCOPRRP);

8-24           THENCE northerly along the west line of said tract described

8-25     in Clerk's File No. B619139 (HCCOPRRP) to the Northwest corner of

8-26     said tract described in Clerk's File No. B619139, on the south line

8-27     of a tract described in Clerk's File No. J069866 (HCCOPRRP);

8-28           THENCE easterly along, in part, the north line of said tract

8-29     described in Clerk's File No. B619139 (HCCOPRRP), same being the

8-30     south line of said tract described in Clerk's File No. J069866

8-31     (HCCOPRRP) to a re-entrant corner of said tract described in

8-32     Clerk's File No. J069866 (HCCOPRRP);

8-33           THENCE southerly along a west line of said tract described in

8-34     Clerk's File No. J069866 (HCCOPRRP) to a southwest corner of said

8-35     tract described in Clerk's File No. J069866 (HCCOPRRP), on the

8-36     existing north line of Richmond Avenue;

8-37           THENCE westerly along the existing north line of Richmond

8-38     Avenue to the intersection of the existing east line of Kirby Drive

8-39     with the existing north line of Richmond Avenue;

8-40           THENCE northerly along the existing east line of Kirby Drive

8-41     to the POINT OF BEGINNING.

8-42     (21)  TRACT TWENTY-ONE:

8-43           A tract of land being part of and out of Block A of FORRESTER

8-44     SUBDIVISION, according to the map or plat thereof recorded in

8-45     Volume 327, Page 631 of the Harris County Deed Records, said tract

8-46     being more particularly described as follows:

8-47           BEGINNING at the intersection of the existing west line of

8-48     Kirby Drive with the existing north line of Richmond Avenue;

8-49           THENCE westerly along the existing north line of Richmond

8-50     Avenue to the intersection of the east line of Lake Street with the

8-51     existing north line of Richmond Avenue;

8-52           THENCE northerly along the east line of Lake Street to the

8-53     intersection of the south line of Colquitt Street with the east

8-54     line of Lake Street;

8-55           THENCE easterly along the south line of Colquitt Street to

8-56     the intersection of the existing west line of Kirby Drive with the

8-57     south line of Colquitt Street;

8-58           THENCE southerly along the existing west line of Kirby Drive

8-59     to the POINT OF BEGINNING.

8-60     (22)  TRACT TWENTY-TWO:

8-61           A tract of land being part of and out of Block B of FORRESTER

8-62     SUBDIVISION, according to the map or plat thereof recorded in

8-63     Volume 327, Page 631 of the Harris County Deed Records, said tract

8-64     being more particularly described as follows:

8-65           BEGINNING at the intersection of the west line of Lake Street

8-66     with the existing north line of Richmond Avenue;

8-67           THENCE westerly along the existing north line of Richmond

8-68     Avenue to the intersection of the east line of Virginia Street with

8-69     the existing north line of Richmond Avenue;

 9-1           THENCE northerly along the east line of Virginia Street to

 9-2     the northwest corner of Lot 7 of said Block B;

 9-3           THENCE easterly along the north line of Lots 7, 8, 9, 10, 11

 9-4     and 12, respectively, of said Block B to a point for corner, on the

 9-5     west line of Lake Street;

 9-6           THENCE southerly along the west line of Lake Street to the

 9-7     POINT OF BEGINNING.

 9-8     (23)  TRACT TWENTY-THREE:

 9-9           A tract of land being comprised of various acreage tracts,

9-10     and being part of and out of Block C of FORRESTER SUBDIVISION,

9-11     according to the map or plat thereof recorded in Volume 327, Page

9-12     631 of the Harris County Deed Records, said tract being more

9-13     particularly described as follows:

9-14           BEGINNING at the intersection of the existing north line of

9-15     Richmond Avenue with the west line of Virginia Street;

9-16           THENCE westerly along the existing north line of Richmond

9-17     Avenue to the intersection of the existing easterly line of

9-18     Eastside Avenue with the existing north line of Richmond Avenue;

9-19           THENCE northerly along the existing easterly line of Eastside

9-20     Avenue being a curve to the left to the northwest corner of the

9-21     herein described tract, on the south line of CRAWFORD ADDITION,

9-22     according to the map or plat thereof recorded in Volume 2, Page 12

9-23     of the Harris County Map Records;

9-24           THENCE easterly along the north line of the herein described

9-25     tract, same being the south line of said of CRAWFORD ADDITION,

9-26     passing the southwest corner of a Replat of a Portion of CRAWFORD

9-27     ADDITION, according to the map or plat thereof recorded in Volume

9-28     30, Page 45 of the Harris County Map Records, and continuing along

9-29     the south line of said Replat of a Portion of CRAWFORD ADDITION, to

9-30     a point for corner, on the west line of the Replat of DAVID

9-31     CROCKETT SUBDIVISION, according to the map or plat thereof recorded

9-32     in Volume 31, Page 35 of the Harris County Map Records;

9-33           THENCE southerly along the west line of said Replat of DAVID

9-34     CROCKETT SUBDIVISION, passing the southwest corner of said Replat

9-35     of DAVID CROCKETT SUBDIVISION, also passing along the west

9-36     termination line of Colquitt Street, and continuing along the west

9-37     line of aforesaid Block C of FORRESTER SUBDIVISION to the northwest

9-38     corner of Lot 7 of said Block C;

9-39           THENCE easterly along the common north line of Lots 7, 8, 9,

9-40     10, 11 and 12, respectively, of said Block C to the northeast

9-41     corner of said Lot 12, on the west line of Virginia Street;

9-42           THENCE southerly along the west line of Virginia Street to

9-43     the POINT OF BEGINNING.

9-44     (24)  TRACT TWENTY-FOUR:

9-45           A tract of land being comprised of various acreage tracts,

9-46     and also being part of and out Block 3 of MAYFAIR, SECTION TWO, a

9-47     subdivision of land according to the map or plat thereof recorded

9-48     in Volume 998, Page 222 of the Harris County Deed Records, said

9-49     tract being more particularly described by as follows:

9-50           BEGINNING at the intersection of the existing westerly line

9-51     of Eastside Avenue with the existing north line of Richmond Avenue;

9-52           THENCE westerly along the existing north line of Richmond

9-53     Avenue, at a distance of approximately 295 feet pass the east line

9-54     of said Block 3, and continuing to the intersection of the east

9-55     line of Audley Street with the existing north line of Richmond

9-56     Avenue;

9-57           THENCE northerly along the east line of Audley Street to the

9-58     intersection of the south line of Colquitt Avenue with the east

9-59     line of Audley Street;

9-60           THENCE easterly along the south line of Colquitt Avenue to

9-61     the northeast corner of Block 3, on the east termination line of

9-62     Colquitt Avenue;

9-63           THENCE northerly along the east termination of Colquitt

9-64     Avenue, same being the east line of said MAYFAIR, SECTION TWO,

9-65     approximately 150 feet to the northeast corner of Lot 4 of Block 2

9-66     of said MAYFAIR, SECTION TWO, on the south line of MAYFAIR, SECTION

9-67     ONE, a subdivision of land according to the map or plat thereof

9-68     recorded in Volume 998, Page 144 of the Harris County Deed Records;

9-69           THENCE easterly along the south line of said MAYFAIR, SECTION

 10-1    ONE, passing the southeast corner of said MAYFAIR, SECTION ONE,

 10-2    same being the southwest corner of CRAWFORD ADDITION, according to

 10-3    the map or plat thereof recorded in Volume 2, Page 12 of the Harris

 10-4    County Map Records, and continuing to the northeast corner of the

 10-5    herein described tract, on the existing westerly line of Eastside

 10-6    Avenue;

 10-7          THENCE southerly along the westerly line of Eastside Avenue

 10-8    being a curve to the right approximately 356.59 feet to the POINT

 10-9    OF BEGINNING.

10-10    (25)  TRACT TWENTY-FIVE:

10-11          A tract of land being comprised of two acreage tracts, and

10-12    also being part of and out of Block 4 of MAYFAIR, SECTION TWO, a

10-13    subdivision of land according to the map or plat thereof recorded

10-14    in Volume 998, Page 222 of the Harris County Deed Records, said

10-15    tract being more particularly described as follows:

10-16          BEGINNING at the intersection of the existing easterly line

10-17    of Buffalo Speedway with the existing northerly line of Richmond

10-18    Avenue;

10-19          THENCE northwesterly along a cutback line for the easterly

10-20    line of Buffalo Speedway, approximately 41.6 feet to an angle

10-21    point;

10-22          THENCE northerly continuing along the easterly line of

10-23    Buffalo Speedway approximately 231.68 feet to the northwest corner

10-24    of the herein described tract;

10-25          THENCE easterly along the northerly line of the herein

10-26    described tract, along the south line of the RIVER OAKS APARTMENTS,

10-27    a subdivision of land according to the map or plat thereof recorded

10-28    in Volume 345, Page 25 of the Harris County Map Records,

10-29    approximately 530.66 feet to a point for corner, on the west

10-30    termination line of Colquitt Avenue, same being the west line of

10-31    aforesaid MAYFAIR, SECTION TWO;

10-32          THENCE southerly along the west line of said MAYFAIR, SECTION

10-33    TWO, same being the west termination line of Colquitt Avenue, to

10-34    the northwest corner of Block 4 of said MAYFAIR, SECTION TWO;

10-35          THENCE easterly along the south line of Colquitt Avenue to

10-36    intersection of the west line of Audley Street with the south line

10-37    of Colquitt Avenue;

10-38          THENCE southerly along the west line of Audley Street to the

10-39    intersection of the existing northerly line of Richmond Avenue with

10-40    the west line of Audley Street;

10-41          THENCE westerly along the existing northerly line of Richmond

10-42    Avenue to the POINT OF BEGINNING.

10-43    (26)  TRACT TWENTY-SIX:

10-44          A tract of land being comprised of various acreage tracts,

10-45    and being part of and out of MAYFAIR, SECTION 2, a subdivision of

10-46    land according to the map or plat thereof recorded in Volume 998,

10-47    Page 222 of the Harris County Deed Records, and also being part of

10-48    and out of PARKFRONT PLAZA, SECTION 1, a subdivision of land

10-49    according to the map or plat recorded in Volume 48, Page 69 of the

10-50    Harris County Map Records, and also being part of and out of

10-51    PARKFRONT PLAZA, SECTION 2, a subdivision of land according to the

10-52    map or plat thereof recorded in Volume 54, Page 53 of the Harris

10-53    County Map Records, said tract being more particularly described as

10-54    follows:

10-55          BEGINNING at the intersection of the existing southerly line

10-56    of Richmond Avenue with the easterly line of Buffalo Speedway;

10-57          THENCE easterly along the existing southerly line of Richmond

10-58    Avenue, passing the west line of said MAYFAIR, SECTION 2, and

10-59    continuing to the intersection of the west line of Wakeforest

10-60    Street with the existing south line of Richmond Avenue;

10-61          THENCE southerly along the west line of Wakeforest Street,

10-62    approximately 385.58 feet to a re-entrant in said west line of

10-63    Wakeforest Street;

10-64          THENCE westerly along a northerly line of Wakeforest Street,

10-65    approximately 32.5 feet to a re-entrant corner of Wakeforest

10-66    Street;

10-67          THENCE southerly along the west line of Wakeforest Street,

10-68    approximately 648.33 feet to the intersection of the existing

10-69    northerly line of U.S. Highway 59 South with the west line of

 11-1    Wakeforest Street;

 11-2          THENCE in westerly and southwesterly directions along the

 11-3    existing northerly line of U.S. Highway 59 South to the southerly

 11-4    termination of a cutback line at the northeast corner of Buffalo

 11-5    Speedway and U.S. Highway 59 South;

 11-6          THENCE northwesterly along said cutback line at the northeast

 11-7    corner of Buffalo Speedway and U.S. Highway 59 South, approximately

 11-8    70.13 feet to the northerly termination of said cutback line;

 11-9          THENCE, continuing northwesterly, along the existing easterly

11-10    line of Buffalo Speedway to the POINT OF BEGINNING, "save and

11-11    except" all public street or public rights-of-way areas contained

11-12    therein, including Eastside Avenue, Norfolk Street, Audley Drive

11-13    and Portsmouth Street.

11-14    (27)  TRACT TWENTY-SEVEN:

11-15          A tract of land being part of and out of Block 2 of 2701

11-16    RICHMOND AVENUE, a subdivision of land according to the map or plat

11-17    thereof recorded in Volume 151, Page 55 of the Harris County Map

11-18    Records, said tract being more particularly described as follows:

11-19          BEGINNING at the intersection of the existing southerly line

11-20    of Richmond Avenue with the existing west line of Kirby Drive;

11-21          THENCE southerly along the existing west line of Kirby Drive

11-22    to the intersection of the north line of Norfolk Avenue with the

11-23    existing west line of Kirby Drive;

11-24          THENCE westerly along the north line of Norfolk Avenue to the

11-25    intersection of the east line of Lake Street with the north line of

11-26    Norfolk Avenue;

11-27          THENCE northerly along the east line of Lake Street to the

11-28    intersection of the existing southerly line of Richmond Avenue with

11-29    the east line of Lake Street;

11-30          THENCE easterly along the courses of the existing southerly

11-31    line of Richmond Avenue to the POINT OF BEGINNING.

11-32    (28)  TRACT TWENTY-EIGHT:

11-33          A tract of land being part of and out of Block 1 of MARIAN

11-34    SUBDIVISION, according to the map or plat thereof recorded in

11-35    Volume  292, Page 520 of the Harris County Deed Records, said tract

11-36    being more particularly described as follows:

11-37          BEGINNING at the intersection of the existing southerly line

11-38    of Richmond Avenue with the existing east line of Kirby Drive;

11-39          THENCE easterly along the existing southerly line of Richmond

11-40    Avenue to the intersection of the west line of Park Street with the

11-41    existing southerly line of Richmond Avenue;

11-42          THENCE southerly along the west line of Park Street to the

11-43    intersection of the north line of Portsmouth Avenue with the west

11-44    line of Park Street;

11-45          THENCE westerly along the north line of Portsmouth Avenue to

11-46    the intersection of the existing east line of Kirby Drive with the

11-47    north line of Portsmouth Avenue;

11-48          THENCE northerly along the existing east line of Kirby Drive

11-49    to the POINT OF BEGINNING.

11-50    (29)  TRACT TWENTY-NINE:

11-51          A tract of land being part of and out of Block 2 of MARIAN

11-52    SUBDIVISION, according to the map or plat thereof recorded in

11-53    Volume 292, Page 520 of the Harris County Deed Records, said tract

11-54    being more particularly described as follows:

11-55          BEGINNING at the intersection of the existing southerly line

11-56    of Richmond Avenue with the east line of Park Street;

11-57          THENCE easterly along the existing southerly line of Richmond

11-58    Avenue to the intersection of the west line of Revere Street with

11-59    the existing southerly line of Richmond Avenue;

11-60          THENCE southerly along the west line of Revere Street to the

11-61    intersection of the north line of Portsmouth Avenue with the west

11-62    line of Revere Street;

11-63          THENCE westerly along the north line of Portsmouth Avenue to

11-64    the intersection of the east line of Park Street with the north

11-65    line of Portsmouth Avenue;

11-66          THENCE northerly along the east line of Park Street to the

11-67    POINT OF BEGINNING.

11-68    (30)  TRACT THIRTY:

11-69          A tract of land being part of and out of Lots 5 thru 11,

 12-1    Block 3 of COLQUITT COURT, SECTION 2, a subdivision of land

 12-2    according to the map or plat thereof recorded in Volume 17, Page 60

 12-3    of the Harris County Map Records, and also being part of and out of

 12-4    the SHOPS AT GREENBRIAR & RICHMOND, a subdivision of land according

 12-5    to the map or plat thereof recorded in Volume 332, Page 150 of the

 12-6    Harris County Map Records, and also being part of and out of those

 12-7    tracts of land heretofore described in Clerk's File No. F070767 of

 12-8    the Harris County Clerk's Official Public Records of Real Property,

 12-9    and being part of and out of Lots 1 thru 7, Block 7 of MARIAN

12-10    SUBDIVISION, a subdivision of land according to the map or plat

12-11    recorded in Volume 292, Page 520 of the Harris County Deed Records,

12-12    said tract being more particularly described as follows:

12-13          BEGINNING at the intersection of the existing southerly line

12-14    of Richmond Avenue with the east line of Revere Street;

12-15          THENCE along the existing southerly line of Richmond Avenue

12-16    to the northerly termination point of a cutback for the existing

12-17    west line of Greenbriar Drive;

12-18          THENCE southeasterly along the said cutback line for

12-19    Greenbriar Drive to the southerly termination of said cutback line;

12-20          THENCE southerly along the existing west line of Greenbriar

12-21    Drive to the northerly termination of a cutback line for Portsmouth

12-22    Avenue;

12-23          THENCE southwesterly along the said cutback line for

12-24    Portsmouth Avenue to the southerly termination of said cutback

12-25    line;

12-26          THENCE westerly along the north line of Portsmouth Avenue to

12-27    the southwest corner of said SHOPS AT GREENBRIAR & RICHMOND

12-28    subdivision;

12-29          THENCE northerly along the west line of said SHOPS AT

12-30    GREENBRIAR & RICHMOND subdivision to a re-entrant corner of said

12-31    SHOPS AT GREENBRIAR & RICHMOND subdivision;

12-32          THENCE westerly along a south line of said SHOPS AT

12-33    GREENBRIAR & RICHMOND subdivision passing the most northerly

12-34    southwest corner of said SHOPS AT GREENBRIAR & RICHMOND

12-35    subdivision, and continuing along the south line of aforesaid Lots

12-36    5 thru 11, respectively, Block 3 of COLQUITT COURT, SECTION 2 to

12-37    the southwest corner of said Lot 12;

12-38          THENCE northerly along the west line of said Block 3 to the

12-39    southeast corner of the aforesaid tract described in Clerk's File

12-40    No. F070767;

12-41          THENCE westerly along the south line of said tract described

12-42    in Clerk's File No. F070767, and continuing along the south line of

12-43    aforesaid Lots 1 thru 7, respectively, of Block 7 of MARIAN

12-44    SUBDIVISION, to a point for corner, on the east line of Revere

12-45    Street;

12-46          THENCE northerly along the east line of Revere Street to the

12-47    POINT OF BEGINNING, "save and except" any land contained within Lot

12-48    12, Block 3 of aforesaid COLQUITT COURT.

12-49    (31)  TRACT THIRTY-ONE:

12-50          A tract of land being part of and out Block 4 of MARIAN

12-51    SUBDIVISION, according to the map or plat thereof recorded in

12-52    Volume 292, Page 520 of the Harris County Deed Records, said tract

12-53    being more particularly described as follows:

12-54          BEGINNING at the intersection of the south line of Portsmouth

12-55    Avenue with the east line of Park Street;

12-56          THENCE easterly along the south line of Portsmouth Avenue to

12-57    the intersection of the west line of Revere Street with the south

12-58    line of Portsmouth Avenue;

12-59          THENCE southerly along the west line of Revere Street to the

12-60    intersection of the north line Norfolk Street with the west line of

12-61    Revere Street;

12-62          THENCE westerly along the north line of Norfolk Street to the

12-63    intersection of the east line of Park Street with the north line of

12-64    Norfolk Street;

12-65          THENCE northerly along the east line of Park Street to the

12-66    POINT OF BEGINNING.

12-67    (32)  TRACT THIRTY-TWO:

12-68          A tract of land being part of and out of Block 3 of MARIAN

12-69    SUBDIVISION, according to the map or plat thereof recorded in

 13-1    Volume 292, Page 520 of the Harris County Deed Records, said tract

 13-2    being more particularly described as follows:

 13-3          BEGINNING at the intersection of the existing east line of

 13-4    Kirby Drive with the south line of Portsmouth Avenue;

 13-5          THENCE easterly along the south line of Portsmouth Avenue to

 13-6    the intersection of the west line of Park Street with the south

 13-7    line of Portsmouth Avenue;

 13-8          THENCE southerly along the west line of Park Street to the

 13-9    intersection of the north line of Norfolk Street with the west line

13-10    of Park Street;

13-11          THENCE westerly along the north line of Norfolk Street to the

13-12    intersection of the existing east line of Kirby Drive with the

13-13    north line of Norfolk Street;

13-14          THENCE northerly along the existing east line of Kirby Drive

13-15    to the POINT OF BEGINNING.

13-16    (33)  TRACT THIRTY-THREE:

13-17          A tract of land being various acreage tracts, and also being

13-18    part of and out of Plots No. 1 and No. 4 of GREENBRIAR COURT, a

13-19    subdivision of land according to the map or plat thereof recorded

13-20    in Volume 24, Page 54 of the Harris County Map Records, said tract

13-21    being more particularly described as follows:

13-22          BEGINNING at the intersection of the existing northerly line

13-23    of U.S. Highway 59 South with the existing westerly line for

13-24    Greenbriar Drive;

13-25          THENCE westerly along the existing northerly line of U.S.

13-26    Highway 59 South, approximately 25 feet to an angle point;

13-27          THENCE southwesterly continuing along the existing northerly

13-28    line of U.S. Highway 59 South, approximately 393.51 feet to an

13-29    angle point;

13-30          THENCE westerly continuing along the existing northerly line

13-31    of U.S. Highway 59 South, approximately 265.3 feet to the

13-32    intersection of the east line of Morningside Drive with the

13-33    existing northerly line of U.S. Highway 59 South;

13-34          THENCE northerly along the east line of Morningside Drive,

13-35    approximately 325.65 feet to the northwest corner of the herein

13-36    described tract, same being the southwest corner of NORFOLK COURT,

13-37    a subdivision of land according to the map or plat thereof recorded

13-38    in Volume 46, Page 66 of the Harris County Map Records;

13-39          THENCE easterly along the south line of said NORFOLK COURT to

13-40    the southeast corner of said NORFOLK COURT, same being the

13-41    southwest corner of aforesaid GREENBRIAR COURT;

13-42          THENCE northerly along the west line of GREENBRIAR COURT to

13-43    the northwest corner of aforesaid Plot No. 1 of GREENBRIAR COURT,

13-44    on the southerly line of Norfolk Street;

13-45          THENCE easterly along the various courses of the southerly

13-46    line of Norfolk Street to the intersection of the existing west

13-47    line of Greenbriar Drive with the southerly line of Norfolk Street;

13-48          THENCE southerly along the existing west line of Greenbriar

13-49    Drive to the POINT OF BEGINNING.

13-50    (34)  TRACT THIRTY-FOUR:

13-51          A tract of land being comprised of various acreage tracts and

13-52    being part of and out of GRETNA COURTS, a subdivision of land

13-53    according to the map or plat recorded in Volume 34, Page 45 of the

13-54    Harris County Map Records, and also being part of and out of Lots 1

13-55    thru 6, Block 5, and Lots 1 thru 6, Block 6, and Reserve A, lying

13-56    between said Blocks 5 and 6, of MARIAN ADDITION, a subdivision of

13-57    land according to the map or plat thereof recorded in Volume 292,

13-58    Page 520 of the Harris County Deed Records, and also being a

13-59    Reserve tract lying between Block 6 and 9 of said MARIAN ADDITION

13-60    as cited in Clerk's File No. L992707 of the Harris County Clerk's

13-61    Official Public Records of Real Property, said tract being more

13-62    particularly described as follows:

13-63          BEGINNING at the intersection of the existing east line of

13-64    Kirby Drive with the existing northerly line of U.S. Highway 59

13-65    South;

13-66          THENCE northerly along the existing east line of Kirby Drive

13-67    to the intersection of the south line of Norfolk Street with the

13-68    existing east line of Kirby Drive;

13-69          THENCE easterly along the south line of Norfolk Street to the

 14-1    northeast corner of said Reserve tract lying between Blocks 6 and 9

 14-2    of MARIAN ADDITION as cited in Clerk's File No. L992707;

 14-3          THENCE southerly along the east line of said Reserve tract as

 14-4    cited in Clerk's File No. L992707 to the southeast corner of said

 14-5    Reserve tract, on the south line of said MARIAN ADDITION;

 14-6          THENCE easterly along the south line of said MARIAN

 14-7    SUBDIVISION to the intersection of the west line of Morningside

 14-8    Drive with the south line of said MARIAN SUBDIVISION;

 14-9          THENCE southerly along the west line of Morningside Drive to

14-10    the intersection of existing northerly line of U.S. Highway 59

14-11    South with the west line of Morningside Drive;

14-12          THENCE westerly along the existing northerly line of U.S.

14-13    Highway 59 South to the POINT OF BEGINNING, "save and except" all

14-14    public streets and rights-of-way including Algerian Way and Lomitas

14-15    Avenue.

14-16    (35)  TRACT THIRTY-FIVE:

14-17          A tract of land being comprised of various acreage tracts,

14-18    and also being part of and out of CHATHAM PLACE ADDITION, a

14-19    subdivision of land according to the map or plat thereof recorded

14-20    in Volume 31, Page 30 of the Harris County Map Records, and also

14-21    being part of and out of a Partial Re-plat of 0.8639 Acres out of

14-22    WOODMONT ADDITION BLOCK 1, a subdivision of land according to the

14-23    map or plat thereof recorded in Volume 214, Page 77 of the Harris

14-24    County Map Records, said tract being more particularly described as

14-25    follows:

14-26          BEGINNING at the intersection of the existing northerly line

14-27    of U.S. Highway 59 South with the existing westerly line of Kirby

14-28    Drive;

14-29          THENCE westerly along the existing northerly line of U.S.

14-30    Highway 59 South, at approximately 568.8 feet pass the east line of

14-31    Virginia Street, and continuing to the intersection of the east

14-32    line of Wakeforest Street with the existing northerly line of U.S.

14-33    Highway 59 South;

14-34          THENCE northerly along the east line of Wakeforest Street to

14-35    the intersection of the south line of Lexington Street with the

14-36    east line of Wakeforest Street;

14-37          THENCE easterly along the south line of Lexington Street to

14-38    the intersection of the east line of the aforesaid Virginia Street,

14-39    same being the east termination line of said Lexington Street, with

14-40    the south line of Lexington Street;

14-41          THENCE northerly along the east termination line of said

14-42    Lexington Street, passing the northerly point of the east

14-43    termination line, same being the most southerly southeast corner of

14-44    the MADISON PLACE TOWNHOUSE SUBDIVISION according to the map or

14-45    plat thereof recorded in Clerk's Film Code NO. 150-31-0193 in the

14-46    Harris County Clerk's Official Public Records of Real Property, and

14-47    continuing along an easterly line of said MADISON PLACE TOWNHOUSE

14-48    SUBDIVISION to a re-entrant corner of subdivision;

14-49          THENCE easterly along the south line of said MADISON PLACE

14-50    TOWNHOUSE SUBDIVISION to the most southerly southeast corner of

14-51    said subdivision, same being the southwest corner of aforesaid

14-52    Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1;

14-53          THENCE northerly along the most easterly line of said MADISON

14-54    PLACE TOWNHOUSE SUBDIVISION, same being the west line of said

14-55    Partial Re-plat of 0.8639 Acres out of WOODMONT ADDITION BLOCK 1,

14-56    to the intersection of the south line of Norfolk Street with the

14-57    west line of Lake Street;

14-58          THENCE easterly along the south line of Norfolk Street to the

14-59    intersection of a cutback line for Kirby Drive with the south line

14-60    of Norfolk Street;

14-61          THENCE southerly along the existing line of Kirby Drive to an

14-62    angle point;

14-63          THENCE southwesterly continuing along the existing line of

14-64    Kirby Drive, approximately 70.30 feet to the POINT OF BEGINNING,

14-65    "save and except" all public streets and rights-of-way contained

14-66    therein including Virginia Street.

14-67    (36)  TRACT THIRTY-SIX:

14-68          A tract of land being comprised of various acreage tracts,

14-69    said tract being more particularly described as follows:

 15-1          BEGINNING at the intersection of the existing southerly line

 15-2    of U.S. Highway 59 South with the easterly line of Buffalo

 15-3    Speedway;

 15-4          THENCE easterly along the existing southerly line of U.S.

 15-5    Highway 59 South, approximately 464.12 feet to the northwest corner

 15-6    of LEMANS TOWNHOME CONDOMINIUMS, a subdivision according to the map

 15-7    or plat thereof recorded in Volume 104, Page 118 of the Harris

 15-8    County Condominium Records;

 15-9          THENCE southerly along the west line of said LEMANS TOWNHOME

15-10    CONDOMINIUMS to the southwest corner of said LEMANS TOWNHOME

15-11    CONDOMINIUMS, on the northerly line of a Houston Lighting & Power

15-12    Company (HL&P) fee strip;

15-13          THENCE southwesterly along the northerly line of said HL&P

15-14    fee strip to the intersection of the easterly line of Buffalo

15-15    Speedway with the northerly line of said HL&P fee strip;

15-16          THENCE northerly along the easterly line of Buffalo Speedway,

15-17    approximately 209 feet to an angle point;

15-18          THENCE northeasterly continuing along the easterly line of

15-19    Buffalo Speedway, approximately 73.35 feet to the POINT OF

15-20    BEGINNING.

15-21    (37)  TRACT THIRTY-SEVEN:

15-22          A tract of land being comprised of various acreage tracts,

15-23    said tract being more particularly described as follows:

15-24          BEGINNING at the northwest corner of the Houston Lighting &

15-25    Power Company (HL&P) Kirby Substation in the southerly line of U.S.

15-26    Highway 59;

15-27          THENCE southerly along the west line of said HL&P Kirby

15-28    Substation, approximately 365 feet to the intersection of the

15-29    westerly line of said HL&P Kirby Substation with the northerly line

15-30    of an HL&P fee strip;

15-31          THENCE southwesterly along the northerly line of said HL&P

15-32    fee strip, approximately 713 feet to the southeast corner of the

15-33    LEMANS TOWNHOME CONDOMINIUMS, a subdivision of land according to

15-34    the map or plat thereof recorded in Volume 104, Page 118 of the

15-35    Harris County Condominium Records;

15-36          THENCE northerly along the east line of said LEMANS TOWNHOME

15-37    CONDOMINIUMS to the northeast corner of said LEMANS TOWNHOME

15-38    CONDOMINIUMS, on the existing southerly line of U.S. Highway 59

15-39    South;

15-40          THENCE easterly along the various courses of the existing

15-41    southerly line of U.S. Highway 59 South to the POINT OF BEGINNING.

15-42    (38)  TRACT THIRTY-EIGHT:

15-43          A tract of land being comprised of various acreage tracts,

15-44    said tract being more particularly described as follows:

15-45          BEGINNING at the intersection of the existing southerly line

15-46    of U.S. Highway 59 South with the existing westerly line of Kirby

15-47    Drive;

15-48          THENCE southeasterly along the existing westerly line of

15-49    Kirby Drive, approximately 70.67 feet to an angle point;

15-50          THENCE southerly continuing along the existing westerly line

15-51    of Kirby Drive, approximately 188.97 feet to the intersection of

15-52    the northerly line of a Houston Lighting & Power Company (HL&P) fee

15-53    strip with the existing west line of Kirby Drive;

15-54          THENCE southwesterly along the northerly line of said HL&P

15-55    fee strip to the intersection of the east line of Wakeforest Street

15-56    with the northerly line of said HL&P fee strip;

15-57          THENCE northerly along the east line of Wakeforest Street,

15-58    approximately 348.89 feet to the intersection of the existing

15-59    southerly line of U.S. Highway 59 South with the east line of

15-60    Wakeforest Street;

15-61          THENCE easterly along the courses of the existing southerly

15-62    line of U.S. Highway 59 South to the POINT OF BEGINNING.

15-63    (39)  TRACT THIRTY-NINE:

15-64          A tract of land being comprised of several acreage tracts and

15-65    also all of SOUTHEAST KIRBY/59, a subdivision of land according to

15-66    the map or plat thereof recorded in Volume 346, Page 46 of the

15-67    Harris County Map Records, said tract being more particularly

15-68    described as follows:

15-69          BEGINNING at the intersection of the existing southerly line

 16-1    of U.S. Highway 59 South with the existing easterly line of Kirby

 16-2    Drive, same being the northwest corner of said SOUTHEAST KIRBY/59;

 16-3          THENCE easterly along the courses of the existing southerly

 16-4    line of U.S. Highway 59 South, approximately 1,677.41 feet to an

 16-5    angle point;

 16-6          THENCE southeasterly along a cutback line at the southwest

 16-7    corner of said U.S. Highway 59 South and Greenbriar Drive,

 16-8    approximately 68.54 feet to the southerly termination point of said

 16-9    cutback line, on the existing west line of Greenbriar Drive;

16-10          THENCE southerly along the existing west line of Greenbriar

16-11    Drive, approximately 118.61 feet to a point for corner;

16-12          THENCE southwesterly along the northerly line of a Houston

16-13    Lighting & Power Company (HL&P) fee strip, approximately 1,110.83

16-14    feet to a point for corner, being a re-entrant corner in said HL&P

16-15    fee strip;

16-16          THENCE northerly along said HL&P fee strip to the southeast

16-17    corner of aforesaid SOUTHEAST KIRBY/59;

16-18          THENCE southwesterly along the southerly line of said

16-19    SOUTHEAST KIRBY/59, same being the northerly line of said HL&P fee

16-20    strip, approximately 653.22 feet to the intersection of the

16-21    existing east line of Kirby Drive with the northerly line of said

16-22    HL&P fee strip, same being the southwest corner of said SOUTHEAST

16-23    KIRBY/59;

16-24          THENCE northerly along the courses of the existing east line

16-25    of Kirby Drive, for an approximate total distance of 240.14 feet to

16-26    the POINT OF BEGINNING.

16-27    (40)  TRACT FORTY:

16-28          A tract of land being comprised of various acreage tracts,

16-29    said tract being more particularly described as follows:

16-30          BEGINNING at the intersection of the north line of MELLON

16-31    SUBDIVISION according to the map or plat thereof recorded in Volume

16-32    572, Page 276 of the Harris County Deed Records with the existing

16-33    east line of Kirby Drive;

16-34          THENCE northerly along the existing east line of Kirby Drive,

16-35    approximately 362.7 feet to a point for corner;

16-36          THENCE northeasterly along the southerly line of a Houston

16-37    Lighting & Power Company (HL&P) fee strip, approximately 675.31

16-38    feet to a point for corner;

16-39          THENCE northerly, continuing along the southerly line of said

16-40    HL&P fee strip for a distance of 29.58 feet to a point for corner;

16-41          THENCE northeasterly, continuing along the southerly line of

16-42    said HL&P fee strip, approximately 1,113.43 feet to a point for

16-43    corner, on the existing west line of Greenbriar Drive;

16-44          THENCE southerly along the west line of Greenbriar Drive,

16-45    approximately 502.10 feet to the intersection of the north line of

16-46    Block 1 of GREENBRIAR SUBDIVISION, according to the map or plat

16-47    thereof recorded in Volume 998, Page 411 of the Harris County Deed

16-48    Records with the west line of Greenbriar Drive;

16-49          THENCE westerly along the north line of said Block 1 to the

16-50    northwest corner of said GREENBRIAR SUBDIVISION;

16-51          THENCE southerly along the west line of said GREENBRIAR

16-52    SUBDIVISION, to the northeast corner of Lot 11, Block 2 of

16-53    aforesaid MELLON SUBDIVISION;

16-54          THENCE westerly along the north line of said MELLON

16-55    SUBDIVISION to the POINT OF BEGINNING.

16-56    (41)  TRACT FORTY-ONE:

16-57          A tract of land being part of and out of Block 1 of MELLON

16-58    SUBDIVISION, according to the map or plat thereof recorded in

16-59    Volume 572, Page 276 of the Harris County Deed Records, said tract

16-60    being more particularly described by metes and bounds as follows:

16-61          BEGINNING at the intersection of the north line of said

16-62    MELLON SUBDIVISION with the existing east line of Kirby Drive;

16-63          THENCE easterly along the north line of said MELLON

16-64    SUBDIVISION to the northeast corner of Lot 10, Block 1 of said

16-65    MELLON SUBDIVISION;

16-66          THENCE southerly along the east line of said Lot 10 to the

16-67    southeast corner of said Lot 10, on the north line of North

16-68    Boulevard;

16-69          THENCE westerly along the north line of North Boulevard to

 17-1    the intersection of the existing east line of Kirby Drive with the

 17-2    north line of North Boulevard;

 17-3          THENCE northerly along the existing line of Kirby Drive to

 17-4    the POINT OF BEGINNING.

 17-5    (42)  TRACT FORTY-TWO:

 17-6          A tract of land being part of and out of Block 3 of MELLON

 17-7    SUBDIVISION, according to the map or plat thereof recorded in

 17-8    Volume 572, Page 276 of the Harris County Deed Records, said tract

 17-9    being more particularly described as follows:

17-10          BEGINNING at the intersection of the existing east line of

17-11    Kirby Drive with the south line of North Boulevard;

17-12          THENCE easterly along the south line of North Boulevard to

17-13    the intersection of the west line of Mellon Street with the south

17-14    line of North Boulevard;

17-15          THENCE southerly along the west line of Mellon Street to the

17-16    intersection of the north line of Bartlett Avenue with the west

17-17    line of Mellon Street;

17-18          THENCE westerly along the north line of Bartlett Avenue to

17-19    the intersection of the existing east line of Kirby Drive with the

17-20    north line of Bartlett Avenue;

17-21          THENCE northerly along the existing east line of Kirby Drive

17-22    to the POINT OF BEGINNING.

17-23    (43)  TRACT FORTY-THREE:

17-24          A tract of land being part of and out of Block 5 of MELLON

17-25    SUBDIVISION, according to the map or plat thereof recorded in

17-26    Volume 572, Page 276 of the Harris County Deed Records, and being

17-27    part of and out of Block 1 of MONONA COURT, a subdivision of land

17-28    according to the map or plat thereof recorded in Volume 7, Page 69

17-29    of the Harris County Map Records, said tract being more

17-30    particularly described as follows:

17-31          BEGINNING at the intersection of the existing east line of

17-32    Kirby Drive with the south line of Bartlett Avenue;

17-33          THENCE easterly along the south line of Bartlett Avenue to

17-34    the Northeast corner of Lot 10, Block 5 of said MELLON SUBDIVISION;

17-35          THENCE southerly along the east line of said Lot 10, Block 5

17-36    of MELLON SUBDIVISION to the southeast corner of said Lot 10, Block

17-37    5 of MELLON SUBDIVISION, and continuing across a reserve or strip

17-38    of land lying between said MELLON SUBDIVISION and MONONA COURT, a

17-39    subdivision of land according to the map or plat recorded in Volume

17-40    7, Page 69 of the Harris County Map Records, to the northeast

17-41    corner of Lot 10, Block 1 of said MONONA COURT;

17-42          THENCE southerly along the east line of said Lot 10, Block 1

17-43    of MONONA COURT, to the southeast corner of said Lot 10, Block 1 of

17-44    MONONA COURT, on the north line of South Boulevard;

17-45          THENCE westerly along the north line of South Boulevard to

17-46    the intersection of the existing east line of Kirby Drive with the

17-47    north line of South Boulevard;

17-48          THENCE northerly along the existing east line of Kirby Drive

17-49    to the POINT OF BEGINNING, "save and except" all public streets or

17-50    rights-of-way or drainage ways contained therein.

17-51    (44)  TRACT FORTY-FOUR:

17-52          A tract of land being part of and out of Block 2 of MONONA

17-53    COURT, a subdivision of land according to the map or plat thereof

17-54    recorded in Volume 7, Page 69 of the Harris County Map Records,

17-55    said tract being more particularly described as follows:

17-56          BEGINNING at the intersection of the existing east line of

17-57    Kirby Drive with the south line of South Boulevard;

17-58          THENCE easterly along the south line of South Boulevard to

17-59    the northeast corner of Lot 19 of said Block 2;

17-60          THENCE southerly along the east line of said Lot 19, and the

17-61    east line of Lot 20, respectively, to the southeast corner of said

17-62    Lot 20, on the north line of Bissonnet Avenue;

17-63          THENCE westerly along the north line of Bissonnet Avenue to

17-64    the intersection of the existing east line of Kirby Drive with the

17-65    north line of Bissonnet Avenue;

17-66          THENCE northerly along the existing east line of Kirby Drive

17-67    to the POINT OF BEGINNING.

17-68    (45)  TRACT FORTY-FIVE:

17-69          A tract of land being comprised of two acreage tracts, said

 18-1    tract being more particularly described as follows:

 18-2          BEGINNING at the intersection of the existing west line of

 18-3    Kirby Drive with the north line of Milford Street;

 18-4          THENCE westerly along the north line of Milford Street,

 18-5    approximately 713.27 feet to a point for corner;

 18-6          THENCE northerly along the east line of Milford Street,

 18-7    approximately 149.9 feet to a point for corner;

 18-8          THENCE northeasterly along the southerly line of a Houston

 18-9    Lighting & Power Company (HL&P) fee strip, approximately 723.5 feet

18-10    to a point for corner, on the existing west line of Kirby Drive;

18-11          THENCE southerly along the existing west line of Kirby Drive,

18-12    approximately 200.9 feet to the POINT OF BEGINNING.

18-13    (46)  TRACT FORTY-SIX:

18-14          A tract of land being comprised of various acreage tracts,

18-15    said tract being more particularly described as follows:

18-16          BEGINNING at the intersection of the existing west line of

18-17    Kirby Drive with the southerly line of Milford Street;

18-18          THENCE southerly along the existing west line of Kirby Drive,

18-19    approximately 250 feet to the intersection of the north line of

18-20    North Boulevard with the existing west line of Kirby Drive;

18-21          THENCE westerly along the north line of North Boulevard,

18-22    approximately 200 feet to the southeast corner of KIRBY PLACE U/R

18-23    tract as described in Clerk's File No. J827892 of the Harris County

18-24    Clerk's Official Public Records of Real Property;

18-25          THENCE northerly along the east line of said KIRBY PLACE U/R

18-26    tract to the northeast corner of said KIRBY PLACE U/R tract;

18-27          THENCE westerly along the northerly line of said KIRBY PLACE

18-28    U/R tract to the northwest corner of said KIRBY PLACE U/R tract, on

18-29    the east line of Dincans Street;

18-30          THENCE northerly along the east line of Dincans Street to the

18-31    intersection of the south line of Milford Street with the east line

18-32    of Dincans Street;

18-33          THENCE easterly along the south line of Milford Street,

18-34    approximately 537.8 feet to an angle point;

18-35          THENCE southeasterly continuing along a cutback in the

18-36    southerly line of Milford Street to the POINT OF BEGINNING.

18-37    (47)  TRACT FORTY-SEVEN:

18-38          A tract of land being comprised of various acreage tracts,

18-39    said tract being more particularly described as follows:

18-40          BEGINNING at the intersection of the existing west line of

18-41    Kirby Drive with the south line of North Boulevard;

18-42          THENCE southerly along the existing west line of Kirby Drive,

18-43    approximately 730 feet to the intersection of the existing north

18-44    line of Bissonnet Avenue with the existing west line of Kirby

18-45    Drive;

18-46          THENCE westerly along the existing north line of Bissonnet

18-47    Avenue to the intersection of the east line of Dincans Street with

18-48    the existing north line of Bissonnet Avenue;

18-49          THENCE northerly along the east line of Dincans Street,

18-50    approximately 730 feet to the intersection of the south line of

18-51    North Boulevard with the east line of Dincans Street;

18-52          THENCE easterly along the south line of North Boulevard,

18-53    approximately 561 feet to the POINT OF BEGINNING.

18-54    (48)  TRACT FORTY-EIGHT:

18-55          A tract of land being comprised of various acreage tracts,

18-56    said tract being more particularly described as follows:

18-57          BEGINNING at the intersection of the existing north line of

18-58    Bissonnet Avenue with the west line of Dincans Street;

18-59          THENCE westerly along the existing north line of Bissonnet

18-60    Avenue to the intersection of the east line of Wakeforest Street

18-61    with the existing north line of Bissonnet Avenue;

18-62          THENCE northerly along the east line of Wakeforest Street to

18-63    the intersection of the southerly line of Westpark Drive with the

18-64    east line of Wakeforest Street;

18-65          THENCE northeasterly along the southerly line of Westpark

18-66    Drive to the intersection of west line of Milford Street with the

18-67    southerly line of Westpark Drive;

18-68          THENCE southerly along the west line of Milford Street,

18-69    approximately 131.04 feet to a re-entrant corner of said Milford

 19-1    Street;

 19-2          THENCE easterly along the south line of Milford Street,

 19-3    approximately 141.38 feet to the intersection of the west line of

 19-4    Dincans Street with the south line of Milford Street;

 19-5          THENCE southerly along the west line of Dincans Street to the

 19-6    POINT OF BEGINNING.

 19-7    (49)  TRACT FORTY-NINE:

 19-8          A tract of land being comprised of several acreage tracts,

 19-9    and also being part of and out of BISSONNET CENTER, SECTION THREE

19-10    (3), a subdivision of land according to he map or plat thereof

19-11    recorded in Volume 43, Page 75 of the Harris County Map Records,

19-12    said tract being more particularly described as follows:

19-13          BEGINNING at the intersection of the existing north line of

19-14    Bissonnet Avenue with the west line of Wakeforest Street;

19-15          THENCE westerly along the existing north line of Bissonnet

19-16    Avenue, at approximately 798.45 feet pass the east line of Belmont

19-17    Street, and continuing across Belmont Street to the intersection of

19-18    the east line of Buffalo Speedway with the existing north line of

19-19    Bissonnet Avenue;

19-20          THENCE northerly along the east line of Buffalo Speedway, at

19-21    approximately 745.6 feet pass the south line of Purdue Street, and

19-22    continuing across Purdue Street, along and with the existing east

19-23    line of Buffalo Speedway to the intersection of the southerly line

19-24    of Westpark Drive with the existing east line of Buffalo Speedway;

19-25          THENCE northeasterly along the southerly line of Westpark

19-26    Drive to the intersection of the west line of Wakeforest Street

19-27    with the southerly line of Westpark Drive;

19-28          THENCE southerly along the west line of Wakeforest Street,

19-29    approximately 1,307.6 feet to the POINT OF BEGINNING, "save and

19-30    except" all public streets and rights-of-way included therein

19-31    including Purdue Street, Belmont Street and South Boulevard.

19-32    (50) TRACT FIFTY:

19-33          A tract of land being part of and out of Block 11 of E.C.

19-34    CRAWFORD ADDITION, a subdivision of land according to the map or

19-35    plat thereof recorded in Volume 2, Page 12 of the Harris County Map

19-36    Records, in Houston, Harris County, Texas; said tract being more

19-37    particularly described as follows:

19-38          BEGINNING at the intersection of the southerly line of

19-39    Westheimer Road with the easterly line of Bammel Lane;

19-40          THENCE, easterly along the southerly line of Westheimer Road

19-41    to the intersection of the southerly line of Westheimer Road with

19-42    the westerly line of Sackett Avenue;

19-43          THENCE, southerly along the westerly line of Sackett Avenue

19-44    to the intersection of the westerly line of Sackett Avenue with the

19-45    northerly line of Earl Street;

19-46          THENCE, westerly along the northerly line of Earl Street to

19-47    the intersection of the northerly line of Earl Street with the

19-48    easterly line of Bammel Lane;

19-49          THENCE, northerly along the easterly line of Bammel Lane to

19-50    the POINT OF BEGINNING.

19-51    (51) TRACT FIFTY-ONE:

19-52          A tract of land being part of and out of Block 19 of E.C.

19-53    CRAWFORD ADDITION, a subdivision of land according to the map or

19-54    plat thereof recorded in Volume 2, Page 12 of the Harris County Map

19-55    Records, in Houston, Harris County, Texas; said tract being more

19-56    particularly described as follows:

19-57          BEGINNING at the intersection of the southerly line of

19-58    Westheimer Road with the easterly line of Sackett Avenue;

19-59          THENCE, easterly along the southerly line of Westheimer Road

19-60    to a point in the easterly line of said Block 19;

19-61          THENCE, southerly along the easterly line of said Block 19 to

19-62    the Southeast corner of Lot 8 of said Block 19,

19-63          THENCE, westerly along the southerly line of said Lot 8 to

19-64    the Southwest corner of said Lot 8, on the easterly line of Sackett

19-65    Avenue;

19-66          THENCE, northerly along the easterly line of Sackett Avenue

19-67    to the POINT OF BEGINNING.

19-68    (52) TRACT FIFTY-TWO:

19-69          A tract of land being part of and out Block No. Six (6) of

 20-1    KERR'S FERNDALE ANNEX, subdivision of land according to the map or

 20-2    plat thereof recorded in Volume 12, Page 55 of the Harris County

 20-3    Map Records, in Houston, Harris County, Texas; said tract being

 20-4    more particularly described as follows:

 20-5          BEGINNING at the intersection of the southerly line of

 20-6    Westheimer Road with the westerly line of Virginia Street;

 20-7          THENCE, southerly along the westerly line of Virginia Street

 20-8    to a point for corner, on the common line of said Block 6 and Block

 20-9    1, of KERR'S FERNDALE ANNEX;

20-10          THENCE, westerly along the common line of said Blocks 6 and

20-11    1, to the Northwest corner of Lot 12 of said Block 6;

20-12          THENCE, northerly along the general rear lines of lots in

20-13    said Block 6, to the Northeast corner of Lot 5 of said Block 6;

20-14          THENCE, westerly along the northerly line of said Lot 5 to a

20-15    point for corner, on the easterly line of a street known as

20-16    Ferndale Place;

20-17          THENCE, northerly along the easterly line of said street

20-18    known as Ferndale Place to the intersection of the southerly line

20-19    of Westheimer Road with the said easterly line of Ferndale Place;

20-20          THENCE, easterly along the southerly line of Westheimer Road

20-21    to the POINT OF BEGINNING.

20-22    (53) TRACT FIFTY-THREE:

20-23          A tract of land being Block 12 of E.C. CRAWFORD ADDITION, a

20-24    subdivision of land according to the map or plat thereof recorded

20-25    in Volume 2, Page 12 of the Harris County Map Records, in Houston,

20-26    Harris County, Texas; said tract being more particularly described

20-27    as follows:

20-28          BEGINNING at the intersection of the southerly line of Earl

20-29    Street with the easterly line of Bammel Lane;

20-30          THENCE, easterly along the southerly line of Earl Street to

20-31    the intersection of the southerly line of Earl Street with the

20-32    westerly line of Sackett Avenue;

20-33          THENCE, southerly along the westerly line of Sackett Avenue

20-34    to the intersection of the westerly line of Sackett Avenue with the

20-35    northerly line of Philfall Street;

20-36          THENCE, westerly along the northerly line of Philfall Street

20-37    to the intersection of the northerly line of Philfall Street with

20-38    the easterly line of Bammel Lane;

20-39          THENCE, northerly along the northerly line of Bammel Lane to

20-40    the POINT OF BEGINNING.

20-41    (54) TRACT FIFTY-FOUR:

20-42          A tract of land being part of and out of Block 19 of E.C.

20-43    CRAWFORD ADDITION, a subdivision of land according to the map or

20-44    plat thereof recorded in Volume 2, Page 12 of the Harris County Map

20-45    Records, in Houston, Harris County, Texas; said tract being more

20-46    particularly described as follows:

20-47          BEGINNING at the Northwest corner of that certain 0.7633 Acre

20-48    Tract described in Clerk's File No. K951753 of the Official Public

20-49    Records of Real Property of Harris County, Texas, on the easterly

20-50    line of Sackett Avenue, same being the westerly line of said Block

20-51    19;

20-52          THENCE, easterly along the northerly line of said 0.7633 Acre

20-53    Tract to a point for corner, on the easterly line of said Block 19;

20-54          THENCE, southerly along the easterly line of said Block 19 to

20-55    the a point for corner, on the northerly line of West Alabama

20-56    Street;

20-57          THENCE, westerly along the northerly line of West Alabama

20-58    Street to the intersection of the northerly line of West Alabama

20-59    Street with the easterly line of Sackett Avenue;

20-60          THENCE, northerly along the easterly line of Sackett Avenue

20-61    to the POINT OF BEGINNING.

20-62    (55) TRACT FIFTY-FIVE:

20-63          A tract of land being that same tract of land described in

20-64    Clerk's File N-014253 of the Official Public Records of Real

20-65    Property of Harris County, Texas, same being part of and out of

20-66    Block 6 of E.C. CRAWFORD ADDITION, a subdivision of land according

20-67    to the map or plat thereof recorded in Volume 2, Page 12 of the

20-68    Harris County Map Records, in Houston, Harris County, Texas; said

20-69    tract being more particularly described as follows:

 21-1          BEGINNING at the intersection of the westerly line of Bammel

 21-2    Lane with the northerly line of West Alabama Street;

 21-3          THENCE, westerly along the northerly line of West Alabama

 21-4    Street to the intersection of the northerly line of West Alabama

 21-5    Street with the easterly line of Eastside Avenue;

 21-6          THENCE, northerly, a called distance of 295 feet, along the

 21-7    easterly line of Eastside Avenue to the Northwest corner of said

 21-8    tract described in Clerk's File N-014253;

 21-9          THENCE, easterly along the northerly line of said tract

21-10    described in Clerk's File N-014253 to the Northeast corner of said

21-11    tract described in Clerk's File N-014253, on the westerly line of

21-12    Bammel Lane;

21-13          THENCE, sourtherly along the westerly line of Bammel Lane to

21-14    the POINT OF BEGINNING.

21-15    (56) TRACT FIFTY-SIX:

21-16          A tract of land being known as Block One (1) of MAYFAIR

21-17    ADDITION, FIRST SECTION, a subdivision of land according to the map

21-18    or plat thereof recorded in Volume 998, Page 144 of the Harris

21-19    County Deed Records, in Houston, Harris County, Texas; said tract

21-20    being more particularly described as follows:

21-21          BEGINNING at the intersection of the southerly line of West

21-22    Alabama Street with the westerly line of Audley Street;

21-23          THENCE, southerly along the westerly line of Audley Street to

21-24    the intersection of the westerly line of Audley Street with the

21-25    northerly line of Sul Ross Avenue;

21-26          THENCE, westerly along the northerly line of Sul Ross Avenue

21-27    to the Southwest corner of said Block 1;

21-28          THENCE, northerly along the westerly line of said Block 1 to

21-29    the intersection of the westerly line of said Block 1 with the

21-30    southerly line of West Alabama Street;

21-31          THENCE, easterly along the southerly line of West Alabama

21-32    Street to the POINT OF BEGINNING.

21-33    (57) TRACT FIFTY-SEVEN:

21-34          A tract of land being comprised of a tract known as Block 2

21-35    of MAYFAIR ADDITION, FIRST SECTION, a subdivision of land according

21-36    to the map or plat thereof recorded in Volume 998, Page 144 of the

21-37    Harris County Deed Records, and an adjoining tract of land being

21-38    all of Lots 4, 5, 6 and 7 of Block 2 of E.C. CRAWFORD ADDITION, a

21-39    subdivision of land according to the map or plat thereof recorded

21-40    in Volume 2, Page 12 of the Harris County Map Records, in Houston,

21-41    Harris County, Texas; said tract being more particularly described

21-42    as follows:

21-43          BEGINNING at the intersection of the southerly line of West

21-44    Alabama Street with the easterly line of Audley Street;

21-45          THENCE, easterly along the southerly line of West Alabama

21-46    Street to a point for corner, on the east line of said Block 2 of

21-47    MAYFAIR ADDITION, FIRST SECTION;

21-48          THENCE, southerly along the common line of said MAYFAIR

21-49    ADDITION, FIRST SECTION and said E.C. CRAWFORD ADDITION to the

21-50    Northwest corner of Lot 4 of said Block 2 of E.C. CRAWFORD

21-51    ADDITION;

21-52          THENCE, easterly along the north line of said Lot 4 to a

21-53    point for corner, on the westerly line of Eastside Avenue;

21-54          THENCE, southerly along the westerly line of Eastside Avenue

21-55    to a point for corner, on the southerly line of Lot 7 of said Block

21-56    2 of E.C. CRAWFORD ADDITION;

21-57          THENCE, westerly along the southerly line of said Lot 7 to

21-58    the Southwest corner of said Lot 7;

21-59          THENCE, northerly along the westerly line of said E.C.

21-60    CRAWFORD ADDITION to the Southeast corner of Block 2 of aforesaid

21-61    MAYFAIR ADDITION, FIRST SECTION;

21-62          THENCE, westerly along the southerly line of said Block 2 of

21-63    MAYFAIR ADDITION, FIRST SECTION to the Southwest corner of said

21-64    Block 2, on the easterly line of Audley Street;

21-65          THENCE, northerly along the easterly line of Audley Street to

21-66    the POINT OF BEGINNING.

21-67    (58)  TRACT FIFTY-EIGHT:

21-68          A tract of land being known as Lots 10 through 24, inclusive,

21-69    Block 2, and a strip of land adjoining the east line of portion of

 22-1    said lots, in the E.C. CRAWFORD ADDITION, a subdivision of land

 22-2    according to the map or plat thereof recorded in Volume 2, Page 12

 22-3    of the Harris County Map Records, in Houston, Harris County, Texas;

 22-4    said tract being more particularly described as follows:

 22-5          BEGINNING at the Northwest corner of said Lot 10 of Block 2;

 22-6          THENCE, easterly along the northerly line of said Lot 10 to

 22-7    the Northeast corner of said Lot 10, on the westerly line of

 22-8    Eastside Avenue;

 22-9          THENCE, southerly along the existing westerly line of

22-10    Eastside Avenue to the intersection of the projection of the

22-11    southerly line of said E.C. CRAWFORD ADDITION with the existing

22-12    easterly line of Eastside Avenue;

22-13          THENCE, westerly along the projection of the southerly line

22-14    of said E.C. CRAWFORD ADDITION to the Southwest corner of aforesaid

22-15    Lot 24 of Block 2;

22-16          THENCE, northerly along the westerly line of said E.C.

22-17    CRAWFORD ADDITION to the POINT OF BEGINNING.

22-18    (59)  TRACT FIFTY-NINE:

22-19          A tract of land being all of Lots 13 through 24, inclusive,

22-20    Block 2 of COLQUITT COURT ADDITION, a subdivision of land according

22-21    to the map or plat thereof recorded in Volume 998, Page 693 of the

22-22    Harris County Deed Records, in Houston, Harris County, Texas; said

22-23    tract being more particularly described as follows:

22-24          BEGINNING at the intersection of the westerly line of

22-25    Greenbriar Drive with the northerly line of Richmond Avenue;

22-26          THENCE, westerly along the northerly line of Richmond Avenue

22-27    to the Southwest corner of said Block 2;

22-28          THENCE, northerly along the westerly line of said Block 2 to

22-29    the Northwest corner of aforesaid Lot 13;

22-30          THENCE, easterly along the northerly line of said Lots 13

22-31    through 24, respectively, to the Northeast corner of said Lot 24,

22-32    on the westerly line of Greenbriar Drive;

22-33          THENCE, southerly along the westerly line of Greenbriar Drive

22-34    to the POINT OF BEGINNING.

22-35    (60)  TRACT SIXTY:

22-36          A tract of land being part of and out of the RE-PLATTING OF

22-37    FRACTIONAL BLOCKS 7, 8 & 9, MARIAN ADDITION, a subdivision of land

22-38    according to the map or plat recorded in Volume 321, Page 622 of

22-39    the Harris County Deed Records, in Houston, Harris County, Texas;

22-40    said tract being more particularly described as follows:

22-41          BEGINNING at the Southwest corner of Block 9 of aforesaid

22-42    subdivision;

22-43          THENCE, northerly along the westerly line of said Block 9,

22-44    passing the Northwest corner of said Block 9, and continuing across

22-45    the right-of-way of Norfolk Street, passing the Southwest corner of

22-46    Block 8 of the aforementioned subdivision, and continuing along the

22-47    westerly line of said Block 8, same being the easterly line of

22-48    Revere Street to the Northwest corner of Lot 8 of said Block 8;

22-49          THENCE, easterly along the northerly line of Lots 8 through

22-50    14, respectively, of said Block 8 to the Northeast corner of said

22-51    Lot 14, on the westerly line of Morningside Alley;

22-52          THENCE, southerly along the westerly line of Morningside

22-53    Alley, passing the Southeast corner of said Block 8, continuing

22-54    across the right-of-way for Norfolk Street, passing the Northeast

22-55    corner of said Block 9, and continuing to the Southeast corner of

22-56    aforesaid Block 9;

22-57          THENCE, westerly along the southerly line of said Block 9 to

22-58    the POINT OF BEGINNING, "Save and Except" all that public street

22-59    right-of-way contained within Norfolk Street between said Blocks 8

22-60    and 9 of the aforesaid subdivision.

22-61    (61) TRACT SIXTY-ONE:

22-62          A tract of land being part of and out of Block 7 of E.C.

22-63    CRAWFORD ADDITION, a subdivision of land according to the map or

22-64    plat thereof recorded in Volume 2, Page 12 of the Harris County Map

22-65    Records, in Houston, Harris County, Texas; said tract being more

22-66    particularly described as follows:

22-67          BEGINNING at the intersection of the southerly line of West

22-68    Alabama Street with the easterly line of Eastside Avenue;

22-69          THENCE, easterly along the southerly line of West Alabama

 23-1    Street to the intersection of the southerly line of West Alabama

 23-2    Street with the westerly line of Bammel Lane;

 23-3          THENCE, southerly along the westerly line of Bammel Lane to

 23-4    the intersection of the westerly line of Bammel Lane with the

 23-5    northerly line of Sul Ross Street;

 23-6          THENCE, westerly along the northerly line of Sul Ross Street

 23-7    to the intersection of the northerly line of Sul Ross Street with

 23-8    the easterly line of Eastside Avenue;

 23-9          THENCE, northerly along the easterly line of Eastside Avenue

23-10    to the POINT OF BEGINNING.

23-11    (62) TRACT SIXTY-TWO:

23-12          A tract of land being all of Block 8 of E.C. CRAWFORD

23-13    ADDITION, a subdivision of land according to the map or plat

23-14    thereof recorded in Volume 2, Page 12 of the Harris County Map

23-15    Records, in Houston, Harris County, Texas; said tract being more

23-16    particularly described as follows:

23-17          BEGINNING at the intersection of the southerly line of Sul

23-18    Ross Street with the westerly line of Bammel Lane;

23-19          THENCE, southerly along the westerly line of Bammel Lane to

23-20    the intersection of the westerly line of Bammel Lane with the

23-21    northerly line of Elbert Street;

23-22          THENCE, westerly along the northerly line of Elbert Street to

23-23    the intersection of the northerly line of Elbert Street with the

23-24    easterly line of Eastside Avenue;

23-25          THENCE, northerly along the easterly line of Eastside Avenue

23-26    to the intersection of the easterly line of Eastside Avenue with

23-27    the southerly line of Sul Ross Street;

23-28          THENCE, easterly along the southerly line of Sul Ross Street

23-29    to the POINT OF BEGINNING.

23-30    (63) TRACT SIXTY-THREE:

23-31          A tract of land being all of Block 9 of E.C. CRAWFORD

23-32    ADDITION, a subdivision of land according to the map or plat

23-33    thereof recorded in Volume 2, Page 12 of the Harris County Map

23-34    Records, and the northerly one-half of abandoned Harrar Street

23-35    between Blocks 9 and 10 of said E.C. CRAWFORD ADDITION (being an

23-36    original 60 foot wide street) adjoining the southerly portion of

23-37    said Block 9, in Houston, Harris County, Texas; said tract being

23-38    more particularly described as follows:

23-39          BEGINNING at the intersection of the northerly line of Elbert

23-40    Street with the westerly line of Bammel Lane;

23-41          THENCE, southerly along the westerly line of Bammel Lane,

23-42    passing the Southeast corner of said Block 9, and continuing to a

23-43    point for corner, on the centerline of Harrar Street (abandoned);

23-44          THENCE, westerly along the centerline of Harrar Street

23-45    (abandoned) to a point for corner, on the existing easterly line of

23-46    Eastside Avenue;

23-47          THENCE, northerly along the existing easterly line of

23-48    Eastside Avenue, passing the Southwest corner of said Block 9, and

23-49    continuing to the intersection of the southerly line of Elbert

23-50    Street with the easterly line of Eastside Avenue;

23-51          THENCE, easterly along the southerly line of Elbert Street to

23-52    the POINT OF BEGINNING.

23-53    (64) TRACT SIXTY-FOUR:

23-54          A tract of land being part of and out of Block 10 of E.C.

23-55    CRAWFORD ADDITION, a subdivision of land according to the map or

23-56    plat thereof recorded in Volume 2, Page 12 of the Harris County Map

23-57    Records, and being the southerly one-half of abandoned Harrar

23-58    Street between Blocks 9 and 10 of said E.C. CRAWFORD ADDITION

23-59    (being an original 60 foot wide street) adjoining the northerly

23-60    portion of said Block 10, in Houston, Harris County, Texas; said

23-61    tract being more particularly described as follows:

23-62          BEGINNING at the intersection of the centerline of said

23-63    Harrar Street (abandoned) with the westerly line of Bammel Lane;

23-64          THENCE, southerly along the existing westerly line of Bammel

23-65    Lane, passing the Northeast corner of said Block 10, and continuing

23-66    to the Southeast corner of said Block 10;

23-67          THENCE, westerly along the southerly line of said Block 10 to

23-68    the intersection of the southerly line of said Block 10 with the

23-69    existing easterly line of Eastside Avenue;

 24-1          THENCE, northerly along the existing easterly line of

 24-2    Eastside Avenue to a point for corner, on the centerline of Harrar

 24-3    Street (abandoned);

 24-4          THENCE, easterly along the centerline of Harrar Street

 24-5    (abandoned) to the POINT OF BEGINNING.

 24-6          (b)  The district may annex or exclude land from the district

 24-7    in the manner provided by Subchapter C, Chapter 375, Local

 24-8    Government Code.

 24-9          (c)  A current description of the district's boundaries shall

24-10    be filed with the Texas Natural Resource Conservation Commission.

24-11    A mistake in the description of the district's boundaries may be

24-12    corrected by order of the commission.

24-13          Sec. 376.125.  FINDINGS RELATING TO BOUNDARIES.  The

24-14    boundaries and field notes of the district form a closure.  If a

24-15    mistake is made in the field notes or in copying the field notes in

24-16    the legislative process, the mistake does not in any way affect

24-17    the:

24-18                (1)  organization, existence, and validity of the

24-19    district;

24-20                (2)  right of the district to issue any type of bonds

24-21    or refunding bonds for a purpose for which the district is created

24-22    or to pay the principal of and interest on the bonds;

24-23                (3)  right of the district to impose and collect

24-24    assessments or taxes; or

24-25                (4)  legality or operation of the district or governing

24-26    body.

24-27          Sec. 376.126.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

24-28    (a)  All the land and other property included in the district will

24-29    be benefited by the improvements and services to be provided by the

24-30    district under powers conferred by Section 52, Article III, Section

24-31    59, Article XVI, and Section 52-a, Article III, Texas Constitution,

24-32    and other powers granted under this subchapter.  The district is

24-33    created to serve a public use and benefit.

24-34          (b)  The creation of the district is in the public interest

24-35    and is essential to:

24-36                (1)  further the public purposes of the development and

24-37    diversification of the economy of the state; and

24-38                (2)  eliminate unemployment and underemployment and

24-39    develop or expand transportation and commerce.

24-40          (c)  The district will:

24-41                (1)  promote the health, safety, and general welfare of

24-42    residents, employers, employees, visitors, and consumers in the

24-43    district and the general public;

24-44                (2)  provide needed funding for the Kirby Drive

24-45    vicinity of the municipality to preserve, maintain, and enhance the

24-46    economic health and vitality of the area as a community and

24-47    business center;

24-48                (3)  promote the health, safety, welfare, and enjoyment

24-49    of the public by providing public art and pedestrian ways and by

24-50    landscaping and developing certain areas in the district, which are

24-51    necessary for the restoration, preservation, and enhancement of

24-52    scenic and aesthetic beauty;

24-53                (4)  promote and benefit commercial development and

24-54    commercial areas in the Kirby Drive vicinity of the municipality;

24-55    and

24-56                (5)  promote and develop public transportation and

24-57    pedestrian facilities and systems by new and alternative means that

24-58    are attractive, safe, and convenient, including securing expanded

24-59    and improved transportation and pedestrian facilities and systems,

24-60    to:

24-61                      (A)  address the:

24-62                            (i)  problem of traffic congestion in the

24-63    district;

24-64                            (ii)  need for traffic control;

24-65                            (iii)  need to improve pedestrian safety;

24-66    and

24-67                            (iv)  limited availability of money; and

24-68                      (B)  benefit the land and other property in the

24-69    district and the residents, employers, employees, visitors, and

 25-1    consumers in the district and the general public.

 25-2          (d)  Pedestrian ways along or across a street, whether at

 25-3    grade or above or below the surface, and street lighting, street

 25-4    landscaping, and street art objects are parts of and necessary

 25-5    components of a street and are considered to be a street or road

 25-6    improvement.

 25-7          (e)  Each improvement project or service authorized by this

 25-8    subchapter is essential to carry out a public purpose.

 25-9          (f)  The district will not act as the agent or

25-10    instrumentality of any private interest even though many private

25-11    interests will be benefited by the district, as will the general

25-12    public.

25-13          Sec. 376.127.  CONSTRUCTION OF SUBCHAPTER.  This subchapter

25-14    shall be liberally construed in conformity with the findings and

25-15    purposes stated in this subchapter.

25-16          Sec. 376.128.  BOARD OF DIRECTORS IN GENERAL.  (a)  The

25-17    district is governed by a board of five directors who serve

25-18    staggered four-year terms.

25-19          (b)  Sections 49.053, 49.054, 49.056 through 49.058, and

25-20    49.060, Water Code, apply to the board.

25-21          (c)  Subchapter D, Chapter 375, applies to the board to the

25-22    extent that subchapter does not conflict with this subchapter.

25-23          Sec. 376.129.  APPOINTMENT OF DIRECTORS; VACANCY.  Directors

25-24    shall be appointed and qualify in the manner provided by Subchapter

25-25    D, Chapter 375.  A vacancy in the office of director because of the

25-26    death, resignation, or removal of a director shall be filled by the

25-27    remaining members of the board by appointing a qualified person for

25-28    the unexpired term.

25-29          Sec. 376.130.  POWERS AND DUTIES OF DISTRICT.  The district

25-30    has:

25-31                (1)  all powers necessary or required to accomplish the

25-32    purposes for which the district was created;

25-33                (2)  the rights, powers, privileges, authority, and

25-34    functions of a district created under Chapter 375;

25-35                (3)  the powers, duties, and contracting authority

25-36    specified in Subchapters H and I, Chapter 49, Water Code;

25-37                (4)  the powers given to a corporation under Section

25-38    4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's

25-39    Texas Civil Statutes), and the power to own, operate, acquire,

25-40    construct, lease, improve, and maintain projects described by that

25-41    section;

25-42                (5)  the power of a housing finance corporation created

25-43    under Chapter 394;

25-44                (6)  the power to impose, assess, charge, or collect ad

25-45    valorem taxes, assessments, impact fees, or other fees in

25-46    accordance with Chapter 49, Water Code, for a purpose specified in

25-47    Chapter 375 or as necessary to accomplish a purpose, function,

25-48    power, or duty for which the district is created;

25-49                (7)  the power to contract with the municipality or

25-50    county for the provision on a fee basis of law enforcement and

25-51    security services by the county or municipality; and

25-52                (8)  the power to contract with a private entity for

25-53    the provision of supplemental security services.

25-54          Sec. 376.131.  RELATION TO OTHER LAW.  If any provision of

25-55    general law, including a law referenced in this subchapter, is in

25-56    conflict with or is inconsistent with this subchapter, this

25-57    subchapter prevails.  Any law referenced in this subchapter that is

25-58    not in conflict or inconsistent with this subchapter is adopted and

25-59    incorporated by reference.

25-60          Sec. 376.132.  TORT CLAIMS.  (a)  The district is a

25-61    governmental unit for purposes of Chapter 101, Civil Practice and

25-62    Remedies Code.

25-63          (b)  The operations of the district are considered for all

25-64    purposes, including the application of Chapter 101, Civil Practice

25-65    and Remedies Code, to be essential governmental functions and not

25-66    proprietary functions.

25-67          Sec. 376.133.  NONPROFIT CORPORATION.  (a)  The board by

25-68    resolution may authorize the creation of a nonprofit corporation to

25-69    assist and act on behalf of the district in implementing a project

 26-1    or providing a service authorized by this subchapter.

 26-2          (b)  The board shall appoint the board of directors of a

 26-3    nonprofit corporation created under this section.  The board of

 26-4    directors of the nonprofit corporation shall serve in the same

 26-5    manner as, for the same term as, and on the conditions of the board

 26-6    of directors of a local government corporation created under

 26-7    Chapter 431, Transportation Code.

 26-8          (c)  A nonprofit corporation created under this section has

 26-9    the powers of and is considered for purposes of this subchapter to

26-10    be a local government corporation created under Chapter 431,

26-11    Transportation Code.

26-12          (d)  A nonprofit corporation created under this section may

26-13    implement any project and provide any services authorized by this

26-14    subchapter.

26-15          Sec. 376.134.  DEBT.  The district may issue bonds, notes, or

26-16    other debt obligations in accordance with Subchapters I and J,

26-17    Chapter 375, for the purposes specified in that chapter or as may

26-18    be required to accomplish the purposes, functions, powers, and

26-19    duties for which the district is created.

26-20          Sec. 376.135.  ASSESSMENTS.  (a)  An assessment imposed on

26-21    property under this subchapter is a personal obligation of the

26-22    person who owns the property on January 1 of the year for which the

26-23    assessment is imposed.  A person is not relieved of the obligation

26-24    if the person transfers title to the property.

26-25          (b)  On January 1 of the year for which an assessment under

26-26    this subchapter is imposed on property, a lien attaches to the

26-27    property to secure the payment of the assessment and any interest

26-28    accrued on the assessment.  The lien has the same priority as a

26-29    lien for taxes of the district.

26-30          (c)  Not later than the fourth anniversary after the date on

26-31    which the assessment became due, the district may file suit to

26-32    foreclose the lien on or enforce the personal obligation for, or

26-33    both foreclose the lien on and enforce the personal obligation for,

26-34    an assessment imposed under this subchapter that is not paid in a

26-35    timely manner and any interest accrued on that assessment.

26-36          (d)  In addition to recovering the amount of the assessment

26-37    and interest accrued on the assessment, if any, the district may

26-38    recover in a suit filed under this section reasonable costs,

26-39    including attorney's fees, incurred by the district in foreclosing

26-40    the lien or enforcing the personal obligation in an amount not to

26-41    exceed 20 percent of the delinquent assessment and interest.

26-42          (e)  An assessment that is delinquent for more than four

26-43    years after the date on which the assessment became due and any

26-44    interest imposed on the assessment is considered paid if a suit is

26-45    not filed before the period prescribed by Subsection (c).

26-46          (f)  For purposes of a title insurance policy issued under

26-47    Chapter 9, Insurance Code, an assessment is a tax.

26-48          Sec. 376.136.  ELECTIONS.  (a)  The district shall call and

26-49    hold an election in the manner provided by Subchapter L, Chapter

26-50    375.

26-51          (b)  The board may submit multiple purposes in a single

26-52    proposition at an election.

26-53          Sec. 376.137.  MAINTENANCE TAX.  (a)  If authorized at an

26-54    election held in accordance with Section 376.136, the district may

26-55    impose and collect an annual ad valorem tax on taxable property in

26-56    the district for the maintenance, restoration, replacement, or

26-57    operation of the district and the improvements constructed or

26-58    acquired by the district or the facilities, works, or services of

26-59    the district.

26-60          (b)  The board shall determine the tax rate.

26-61          Sec. 376.138.  DISSOLUTION OF DISTRICT.  (a)  The district

26-62    may be dissolved as provided by Subchapter M, Chapter 375.

26-63          (b)  Regardless of Section 375.264, a district that has debt

26-64    may be dissolved as provided by Subchapter M, Chapter 375.  If the

26-65    district has debt and is dissolved, the district shall remain in

26-66    existence solely for the purpose of discharging its bonds or other

26-67    obligations according to their terms.

26-68          Sec. 376.139.  REINVESTMENT ZONES.  All or any part of the

26-69    area of the district is eligible to be included in a tax

 27-1    incremental reinvestment zone created by the municipality under

 27-2    Chapter 311, Tax Code.

 27-3          Sec. 376.140.  EXEMPTION OF PUBLIC UTILITY FROM FEE OR

 27-4    ASSESSMENT.  The district may not impose an impact fee or

 27-5    assessment on the property, equipment, or facilities of a public

 27-6    utility as defined by Section 2.0011, Public Utility Regulatory Act

 27-7    of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes).

 27-8          SECTION 2.  (a)  The initial board of the Upper Kirby

 27-9    Management District consists of the following persons:

27-10                (1)  A. Lonnie Schiller, position one;

27-11                (2)  Roy L. Wakefield, position two;

27-12                (3)  W. T. Dickey, position three;

27-13                (4)  Morris B. Penner, position four; and

27-14                (5)  Robert H. Schultz, position five.

27-15          (b)  Of the initial directors, the directors appointed for

27-16    positions one and two serve until June 1, 1999, and the directors

27-17    appointed for positions three, four, and five serve until June 1,

27-18    2001.

27-19          (c)  This section expires September 1, 2001.

27-20          SECTION 3.  The legislature finds that:

27-21                (1)  proper and legal notice of the intention to

27-22    introduce this Act, setting forth the general substance of this

27-23    Act, has been published as provided by law, and the notice and a

27-24    copy of this Act have been furnished to all persons, agencies,

27-25    officials, or entities to which they are required to be furnished

27-26    by the constitution and laws of this state, including the governor,

27-27    who has submitted the notice and a copy of this Act to the Texas

27-28    Natural Resource Conservation Commission;

27-29                (2)  the Texas Natural Resource Conservation Commission

27-30    has filed its recommendations relating to this Act with the

27-31    governor, lieutenant governor, and speaker of the house of

27-32    representatives within the required time;

27-33                (3)  the general law relating to consent by political

27-34    subdivisions to the creation of districts with conservation,

27-35    reclamation, and road powers and the inclusion of land in those

27-36    districts has been complied with; and

27-37                (4)  all requirements of the constitution and laws of

27-38    this state and the rules and procedures of the legislature with

27-39    respect to the notice, introduction, and passage of this Act have

27-40    been fulfilled and accomplished.

27-41          SECTION 4.  The importance of this legislation and the

27-42    crowded condition of the calendars in both houses create an

27-43    emergency and an imperative public necessity that the

27-44    constitutional rule requiring bills to be read on three several

27-45    days in each house be suspended, and this rule is hereby suspended,

27-46    and that this Act take effect and be in force from and after its

27-47    passage, and it is so enacted.

27-48                                 * * * * *