80(R) HB 4092 - Introduced version

	80R10142 MXM-F

	By: Miles	H.B. No. 4092

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Harris County Improvement District

No. 8; providing authority to impose a tax and issue bonds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. LEGISLATIVE FINDINGS. (a) The legislature

finds that the Harris County Improvement District No. 8 is created

under the general authority of the Texas Legislature to legislate

for the public good.

(b) The legislature further finds that:

(1) the area of the proposed Harris County Improvement

District No. 8 is in an area that will develop into one of the

state's most dynamic activity centers and will be the location of

numerous commercial, office, retail, and residential buildings;

(2) the area is presently served with an inadequate

public transportation system and has an inadequate system of

streets and public parking facilities;

(3) residents, workers, visitors, customers, and

other persons accessing the area must primarily use motor vehicles,

which use will place an undue burden on the street system in the

district and result in severe congestion that retards mobility of

persons and property and impairs the use of the area as one of the

state's primary economic and business centers;

(4) the absence of an adequate system of parking

facilities, including park and ride facilities, discourages the use

of public transportation and further aggravates vehicular

congestion in the area;

(5) motor vehicles are generally powered by internal

combustion engines that emit pollutants into the air, which results

in dangers to the public health and welfare;

(6) the proliferation of the use of motor vehicles for

passenger transportation in the area will be caused in substantial

part by the absence of an adequate public transportation system and

an adequate system or network of public parking facilities;

(7) provision of an adequate system of public parking

facilities and public transit and transportation facilities will

accomplish the public purposes of Section 52-a, Article III, Texas

Constitution, by stimulating transportation and commerce in the

area and in the state and will serve the further public purpose of

reducing the pollutants discharged into the air, thus reducing the

threat to the public health and welfare and preserving and

conserving the natural resources of this state as mandated by

Section 59, Article XVI, Texas Constitution; and

(8) in order for the area to have an adequate public

transit system and an adequate system of public parking it will be

necessary for the district to be able to take advantage of all

public and private funds and opportunities available and be

empowered to contract with other public agencies and with private

entities to jointly provide the systems.

SECTION 2. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 8.

Subtitle C, Title 4, Special District Local Laws Code, is amended by

adding Chapter 3848 to read as follows:

CHAPTER 3848. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 8

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3848.001. DEFINITIONS. In this chapter:

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

district.

(2) "District" means the Harris County Improvement

District No. 8.

Sec. 3848.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 8.

The Harris County Improvement District No. 8 is a special district

created under Section 59, Article XVI, Texas Constitution.

Sec. 3848.003. PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter. By creating the district and in authorizing Harris

County, the City of Houston, the Metropolitan Transit Authority of

Harris County, and other political subdivisions to contract with

the district, the legislature has established a program to

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

III, Texas Constitution.

(b) The creation of the district is necessary to promote,

develop, encourage, and maintain transportation, parking, housing,

recreation, the arts, safety, scenic beauty, and the public welfare

in the area of the district.

interpreted to relieve Harris County or the City of Houston from

providing the level of services provided as of September 1, 2007, to

the area in the district. The district is created to supplement and

not to supplant the county or city services provided in the area in

the district.

Sec. 3848.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)

The district is created to serve a public use and benefit.

(b) All land and other property included in the district

will benefit from the improvements and services to be provided by

the district under powers conferred by Sections 52 and 52-a,

Article III, and Section 59, Article XVI, Texas Constitution, and

other powers granted under this chapter.

(1) promote the health, safety, and general welfare of

district residents and the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the area as a residential neighborhood and a commercially viable

area; and

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty.

(d) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, and street art objects are parts of and necessary

components of a street and are considered to be a street or road

improvement.

(e) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3848.005. DISTRICT TERRITORY. The district is

composed of the territory described by Section 3 of the Act enacting

this chapter, as that territory may have been modified under:

(1) Subchapter J, Chapter 49, Water Code; or

(2) other law.

Sec. 3848.006. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3848.007. LIBERAL CONSTRUCTION OF CHAPTER. This

chapter shall be liberally construed in conformity with the

findings and purposes stated in this chapter.

[Sections 3848.008-3848.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3848.051. COMPOSITION; TERMS. (a) The district is

governed by a board of seven voting directors who serve staggered

terms of four years, with three or four directors' terms expiring

June 1 of each odd-numbered year.

(b) The board by resolution may increase or decrease the

number of voting directors on the board, but only if it is in the

best interest of the district to do so. The board may not:

(1) increase the number of directors to more than

nine; or

(2) decrease the number of directors to fewer than

five.

Sec. 3848.052. APPOINTMENT OF DIRECTORS. The mayor and

members of the governing body of the City of Houston shall appoint

voting directors from persons recommended by the board. A person is

appointed if a majority of the members of the governing body,

including the mayor, vote to appoint that person.

Sec. 3848.053. NONVOTING DIRECTORS. (a) The following

persons serve as nonvoting directors:

(1) the directors of the following departments of the

City of Houston or a person designated by that director:

(A) parks and recreation;

(B) planning and development; and

(2) the City of Houston's chief of police.

(b) If a department described by Subsection (a) is

consolidated, renamed, or changed, the board may appoint a director

of the consolidated, renamed, or changed department as a nonvoting

director. If a department described by Subsection (a) is

abolished, the board may appoint a representative of another

department that performs duties comparable to those performed by

the abolished department.

Sec. 3848.054. QUORUM. (a) A majority of the board is a

quorum.

(b) Nonvoting directors and vacant director positions are

not counted for the purposes of establishing a board quorum.

Sec. 3848.055. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT.

(a) Except as provided by this section:

(1) a director may participate in all board votes and

decisions; and

(2) Chapter 171, Local Government Code, governs

conflicts of interest for directors.

(b) Section 171.004, Local Government Code, does not apply

to the district. A director who has a substantial interest in a

business or charitable entity that will receive a pecuniary benefit

from a board action shall file a one-time affidavit declaring the

interest. An additional affidavit is not required if the

director's interest changes. After the affidavit is filed with the

board secretary, the director may participate in a discussion or

vote on that action if:

(1) a majority of the directors have a similar

interest in the same entity; or

(2) all other similar business or charitable entities

in the district will receive a similar pecuniary benefit.

entity may not participate in the discussion of or vote on a matter

regarding a contract with that public entity.

(d) For purposes of this section, a director has a

substantial interest in a charitable entity in the same manner that

a person would have a substantial interest in a business entity

under Section 171.002, Local Government Code.

Sec. 3848.056. COMPENSATION OF VOTING DIRECTORS. Voting

directors may receive fees of office and reimbursement of expenses

as provided by Section 49.060, Water Code.

Sec. 3848.057. INITIAL VOTING DIRECTORS. (a) The initial

board consists of the following voting directors:

Pos. No.

Name of Director

_______________

(b) Of the initial voting directors, the terms of directors

appointed for positions 1 through 4 expire June 1, 2009, and the

terms of directors appointed for positions 5 through 7 expire June

1, 2011.

(d) This section expires September 1, 2011.

[Sections 3848.058-3848.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3848.101. DEVELOPMENT CORPORATION AND HOUSING

CORPORATION POWERS OF DISTRICT. The district may exercise the

powers given to:

(1) a corporation under Section 4B, Development

Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

Statutes), including the power to own, operate, acquire, construct,

lease, improve, and maintain the projects described by that

section; and

(2) a housing finance corporation under Chapter 394,

Local Government Code, to provide housing or residential

development projects in the district.

Sec. 3848.102. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered for purposes of

this chapter to be a local government corporation created under

Chapter 431, Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as, for the same term as,

and on the same conditions as the board of directors of a local

government corporation created under Chapter 431, Transportation

Code.

Sec. 3848.103. AGREEMENTS; GRANTS. (a) The district may

make an agreement with or accept a gift, grant, or loan from any

person.

(b) The implementation of a project is a governmental

function or service for the purposes of Chapter 791, Government

Code.

Sec. 3848.104. CONTRACT FOR LAW ENFORCEMENT SERVICES. To

protect the public interest, the district may contract with Harris

County or the City of Houston for the county or the city to provide

law enforcement services in the district for a fee.

Sec. 3848.105. APPROVAL BY CITY OF HOUSTON. (a) Except as

provided by Subsection (b), the district must obtain the approval

of the City of Houston's governing body for:

(1) the issuance of a bond for each improvement

project;

(2) the plans and specifications of the improvement

project financed by the bond; and

(3) the plans and specifications of any district

improvement project related to the use of land owned by the City of

Houston, an easement granted by the City of Houston, or a

right-of-way of a street, road, or highway.

(b) If the district obtains the approval of the City of

Houston's governing body of a capital improvements budget for a

period not to exceed five years, the district may finance the

capital improvements and issue bonds specified in the budget

without further approval from the City of Houston.

Sec. 3848.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The

district may join and pay dues to an organization that:

(1) enjoys tax-exempt status under Section 501(c)(3),

(4), or (6), Internal Revenue Code of 1986; and

(2) performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 3848.107. ROAD POWERS. (a) The district may exercise

the powers given to:

(1) a road district created under Chapter 257,

Transportation Code; and

(2) a road utility district created under Chapter 441,

Transportation Code.

(b) The district does not need the approval of the Texas

Department of Transportation or the Texas Transportation

Commission to construct a road or street if the director of public

works of the City of Houston has approved the road or street.

Sec. 3848.108. AIR RIGHTS; CONSTRUCTION. The district may

acquire air rights and may construct improvements on property on

which it only owns air rights.

Sec. 3848.109. ADDITIONAL PROPERTY RIGHTS; LEASEHOLDS. The

district may construct improvements on property on which it only

has a leasehold interest and may own undivided interests in

buildings and other improvements.

Sec. 3848.110. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

[Sections 3848.111-3848.150 reserved for expansion]

SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES

Sec. 3848.151. PUBLIC TRANSIT SYSTEM. The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain a public transit system to serve the area

within the boundaries of the district.

Sec. 3848.152. PARKING FACILITIES AUTHORIZED; OPERATION BY

PRIVATE ENTITY; TAX EXEMPTION. (a) The district may acquire, lease

as lessor or lessee, construct, develop, own, operate, and maintain

parking facilities, including:

(1) lots, garages, parking terminals, or other

structures or accommodations for the parking of motor vehicles; and

(2) equipment, entrances, exits, fencing, and other

accessories necessary for safety and convenience in the parking of

vehicles.

(b) A parking facility of the district must be either leased

to or operated on behalf of the district by a private entity or an

entity other than the district. The district's parking facilities

are a program authorized by the legislature under Section 52-a,

Article III, Texas Constitution, and accomplish a public purpose

under that section even if leased or operated by a private entity

for a term of years.

to a private entity are exempt from the payment of ad valorem taxes

and state and local sales and use taxes.

Sec. 3848.153. RULES. The district may adopt rules

covering its public transit system or its public parking facilities

except that a rule relating to or affecting the use of the public

right-of-way or a requirement for off-street parking is subject to

all applicable municipal charter, code, or ordinance requirements.

Sec. 3848.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR

PARKING FACILITIES. (a) The district may use any of its resources,

including revenue, assessments, taxes, and grant or contract

proceeds, to pay the cost of acquiring and operating a public

transit system or public parking facilities.

(b) The district may set and impose fees, charges, or tolls

for the use of the public transit system or the public parking

facilities and may issue bonds or notes to finance the cost of these

facilities.

acquiring or operating a public transit system or public parking

facilities with resources other than assessments, a petition of

property owners or a public hearing is not required.

Sec. 3848.155. AGREEMENT WITH RAPID TRANSIT AUTHORITY. (a)

In this section, "authority" means a rapid transit authority

created under Chapter 451, Transportation Code.

(b) The district and an authority may agree to jointly

construct, own, operate, and maintain a transit facility or a

parking facility under the terms the authority and district desire.

authority exchange or trade land provided that each party to the

agreement receives fair market value. The authority is not

required to offer any property that it proposes to trade to the

district for sale to the public or for sale to any abutting property

owner.

[Sections 3848.156-3848.200 reserved for expansion]

SUBCHAPTER E. FINANCIAL PROVISIONS

Sec. 3848.201. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of the district's money.

Sec. 3848.202. PETITION REQUIRED FOR FINANCING SERVICES AND

IMPROVEMENTS. (a) The board may not finance a service or

improvement project with assessments under this chapter unless a

written petition requesting that service or improvement has been

filed with the board.

(b) A petition requesting a project financed by assessment

must be signed by:

(1) the owners of a majority of the assessed value of

real property in the district subject to assessment according to

the most recent certified tax appraisal roll for Harris County;

(2) at least 25 owners of real property in the district

that will be subject to the assessment, if more than 25 persons own

real property subject to the assessment in the district according

to the most recent certified tax appraisal roll for Harris County;

(3) the owners of a majority of the surface area of

real property in the district subject to assessment as determined

by the board; or

(4) the owners of a majority of the number of platted

lots of real property subject to assessment as determined by the

board.

Sec. 3848.203. MAINTENANCE TAX. (a) If authorized at an

election held in accordance with Section 3848.208, the district may

impose an annual ad valorem tax on taxable property in the district

to:

(1) administer the district;

(2) maintain and operate the district;

(3) construct or acquire improvements; or

(4) provide a service.

(b) The board shall determine the tax rate.

property exempt under the Texas or United States Constitution or

under the Tax Code, is liable for the payment of ad valorem taxes

imposed by the district on the property.

Sec. 3848.204. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose and collect an assessment for any

purpose authorized by this chapter.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

Sec. 3848.205. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND

ASSESSMENTS. The district may not impose an impact fee or

assessment on the property, including the equipment,

rights-of-way, facilities, or improvements, of:

(1) an electric utility or a power generation company

as defined by Section 31.002, Utilities Code;

(2) a gas utility as defined by Section 101.003 or

121.001, Utilities Code;

(3) a telecommunications provider as defined by

Section 51.002, Utilities Code; or

(4) a person who provides to the public cable

television or advanced telecommunications services.

Sec. 3848.206. BONDS AND OTHER OBLIGATIONS. (a) The

district may issue bonds or other obligations payable wholly or

partly from assessments, impact fees, revenue, grants, or other

money of the district, or any combination of those sources of money,

to pay for any authorized purpose of the district.

(b) In exercising the district's power to borrow, the

district may issue a bond or other obligation in the form of a bond,

note, certificate of participation or other instrument evidencing a

proportionate interest in payments to be made by the district, or

other type of obligation.

Sec. 3848.207. LIMIT ON PARKS AND RECREATION BONDS. Bonds

issued to finance parks and recreational facilities may not exceed

one percent of the assessed value of the real property in the

district according to the most recent certified tax appraisal roll

for Harris County.

Sec. 3848.208. TAX AND BOND ELECTIONS. (a) The district

shall hold an election in the manner provided by Subchapter L,

Chapter 375, Local Government Code, to obtain voter approval before

the district imposes a maintenance tax or issues bonds payable from

ad valorem taxes.

(b) The board may not include more than one purpose in a

single proposition at an election.

to the district.

Sec. 3848.209. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT

OBLIGATIONS. Except as provided by Section 375.263, Local

Government Code, a municipality is not required to pay a bond, note,

or other obligation of the district.

Sec. 3848.210. COMPETITIVE BIDDING. Section 375.221, Local

Government Code, applies to the district only for a contract that

has a value greater than $25,000.

[Sections 3848.211-3848.250 reserved for expansion]

SUBCHAPTER F. DISSOLUTION

Sec. 3848.251. DISSOLUTION OF DISTRICT WITH OUTSTANDING

DEBT. (a) The board may dissolve the district regardless of

whether the district has debt. Section 375.264, Local Government

Code, does not apply to the district.

(b) If the district has debt when it is dissolved, the

district shall remain in existence solely for the purpose of

discharging its debts. The dissolution is effective when all debts

have been discharged.

SECTION 3. BOUNDARIES. As of the effective date of this

Act, the Harris County Improvement District No. 8 includes all

territory contained in the following described area:

METES AND BOUNDS DESCRIPTION OF 104.196 ACRES OF LAND IN THE JOHN

WALTERS SURVEY, ABSTRACT NUMBER 874 HOUSTON, HARRIS COUNTY, TEXAS.

104.196 acres (4,538,793 square feet) of land, being three

non-contiguous tracts, being all of Unrestricted Reserves "A", "B"

and "C" of Six Flags Astroworld, Replat No. 1, as recorded under

Film Code Number 580010 of Harris County Map Records, in the John

Walters Survey, Abstract Number 874, Houston, Harris County, Texas,

said 104.196 acres being more particularly described as follows

(bearings are based on the Texas State Plane Coordinate System,

South Central Zone (NAD 83), as derived from GPS observations based

on Continuously Operating Reference. Station (CORS) Houston 2

(COH2)):

UNRESTRICTED RESERVE "A" 101.832 acres (4,435,829 square feet)

BEGINNING at a 5/8-Inch Iron rod found In the southerly

right-of-way line of Interstate Highway 610 (South Loop West) (350

feet wide) as recorded In Harris County Clerk's File Number

B532643, for the most northerly northwest corner of said Reserve

"A" and the northeast corner of the residue of a called 7.697 acre

tract of land described in a deed to John Jay Davis. and James

Donahue Davis, as recorded under Harris County Clerk's File Number

N205522;

THENCE, along the southerly right-of-way line of said Interstate

Highway 610, as follows:

North 85 degrees 43 minutes 49 seconds East, a distance of 764.67

feet, to a 3/4-inch iron rod with "CLR" cap found for a point of

curve;

Along the arc of a 5938.17 foot radius curve to the left, having a

central angle of 10 degrees 56 minutes 34 seconds, an arc length of

1134.11 feet, and a chord

which bears North 80 degrees 15 minutes 33 seconds East, a distance

of 1132.39 feet, to a 5/8-inch iron rod found for a point of

tangency;

North 74 degrees 47 minutes 16 seconds East, a distance of 474.85

feet, to a 3/4-inch iron rod with "CLR" cap found for a point of

curve;

THENCE, leaving the southerly right-of-way line of said Interstate

Highway 610, along the arc of a 25.00 foot radius curve to the

right, having a central angle of 46 degrees 50 minutes 13 seconds,

an arc length of 20.44 feet, and a chord which bears South 81

degrees 47 minutes 38 seconds East, a distance of 19..87 feet, to a

point for corner in the west right-of-way line of Fannin Street

(width varies) (comer unable to be set);

THENCE, along the westerly right-of-way line of said Fannin Street,

as follows:

South 03 degrees 37 minutes 26 seconds East, a distance of 13.64

feet, to a point of curve (corner unable to be set);

Along the arc of a 3010.00 foot radius curve to the left, having a

central angle of 01 degree 13 minutes 03 seconds, an arc length of

63.96 feet, and a chord which bears South 04 degrees 13 minutes 57

seconds East, a distance of 63.96 feet, to a 3/4-inch iron rod with

"CLR" cap found for a point of tangency;

South 04 degrees 50 minutes 28 seconds East, a distance of 212.17

feet, to a 3/4-inch iron rod with "CLR" cap found for corner;

South 02 degrees 28 minutes 41 seconds East, a distance of 136.62

feet, to a point for corner (corner unable to be set);

South 00 degrees 40 minutes 14 seconds East, a distance of 870.60

feet, to a 5/8-inch iron rod with "Clarkson" cap found in the north

line of a called 6.289 acre tract of land described In a deed to

Metropolitan Transit Authority of Harris County, Texas, as recorded

under Harris County Clerk's File Number V491408, for the most

easterly southeast corner hereof;

THENCE, South 68 degrees 55 minutes 46 seconds West, a distance of

526.60 feet, leaving the westerly right-of-way line of said Fannin

Street, to a 5/8-inch iron rod found for the northwest corner of

said called 6.289 acre tract and for an interior corner hereof;

THENCE, South 16 degrees 48 minutes 57 seconds East, a distance of

592.88 feet, to a cut "X" in the top of a concrete wall found in the

northerly right-of-way

line of West Bellfort Avenue (width varies), for the southwest

corner of said called 6.289 acre tract and the most southerly

southeast corner hereof;

THENCE, along the northerly right-of-way line of said West Bellfort

Avenue, as follows;

Along the arc of a 1094.45 foot radius non-tangent curve to the

right, having a central angle of 04 degrees 38 minutes 31 seconds,

an arc length of 88.67 feet, and a chord which bears South 84

degrees 25 minutes 50 seconds West, a distance of 88.65 feet, to a

cut "X" in the top of a concrete wall found for a point of tangency;

South 86 degrees 45 minutes 05 seconds West, a distance of 1296.70

feet, to a 3/4-inch Iron rod with "CLR" cap found for a point of

curve;

Along the arc of a 1960.00 foot radius curve to the right, having a

central angle of 16 degrees 59 minutes 02 seconds, an arc length of

580.99 feet, and a chord which bears North 84 degrees 45 minutes 24

seconds West, a distance of 578.87 feet, to a 3/4-inch iron rod with

"CLR" cap found for a point of tangency;

North 76 degrees 15 minutes 52 seconds West, a distance of 359.92

feet, to a 3/4-inch Iron rod with "CLR" cap found for a point of

curve;

Along the arc of a 2050.00 foot radius non-tangent curve to the

left, having a central angle of 02 degrees 20 minutes 12 seconds, an

arc length of 83.60 feet, and a chord which bears North 77 degrees

34 minutes 45 seconds West, a distance of 83.59 feet, to a 3/4-inch

iron rod with "CLR" cap found for a point of tangency;

North 40 degrees 38 minutes 02 seconds West, a distance of 31.42

feet, to a 3/4-inch iron rod with "CLR" cap found for the northwest

end of a cut-back at the northeast corner of the intersection of

said West Bellfort Drive and Kirby Drive (width varies) for the most

westerly southwest corner hereof;

THENCE, North 02 degrees 27 minutes 33 seconds West, a distance of

713.06 feet, along the easterly right-of-way line of said Kirby

Drive, to a 5/8-inch iron rod found for the southwest corner of the

aforementioned called 7.697 acre tract, and the most westerly

northwest corner hereof;

THENCE, North 86 degrees 33 minutes 51 seconds East, a distance of

399.78 feet, leaving the easterly right-of-way line of said Kirby

Drive, to a 3/4-Inch rod found for the southeast corner of said

called 7.697 acre tract, and an interior corner hereof;

THENCE, North 02 degrees 16 minutes 18 seconds West, a distance of

848.62 feet, to the POINT OF BEGINNING and containing a computed

area of 101.832 acres (4,435,829 square feet) of land in said.

Unrestricted Reserve "A".

UNRESTRICTED RESERVE "B" 1.909 acres (83,157 square feet)

BEGINNING at a 5/8-Inch Iron rod found in the easterly right-of-way

line of said Kirby Drive, for the northwest corner of Unrestricted

Reserve "F" in Section I of South Point Business Park, as recorded

in Volume 230, Page 136, Harris County Map Records, and the

southwest corner hereof;

THENCE, North 02 degrees 27 minutes 33 seconds West, a distance of

145.37 feet, along the easterly right-of-way line of said Kirby

Drive, to a point for corner in a power pole at the southwesterly

end of a curve return at the southeast corner of the intersection of

said Kirby Drive and the aforementioned West Bellfort Drive;

THENCE, leaving the easterly right-of-way line of said Kirby Drive,

along the arc of a 50.00 foot radius non-tangent curve to the right,

having a central angle of 106 degrees 46 minutes 14 seconds, an arc

length of 9317 feet, and a chord which bears North 50 degrees 41

minutes 45 seconds East, a distance of 80.27 feet, to a 3/4-inch

iron rod with "CLR" cap found for a point of compound curve;

THENCE, along the south right-of-way line of said West Bellfort

Avenue, as follows;

Along the arc of a 1950.00 foot radius curve to the right, having a

central angle of 00 degrees 15 minutes 30 seconds, an arc length of

8.79 feet, and a chord which bears South 76 degrees 23 minutes 37

seconds East, a distance of 8.79 feet, to a 3/4-inch iron rod with

"CLR" cap found for a point of tangency;

South 76 degrees 15 minutes 52 seconds East, a distance of 294.43

feet, to a 3/4-inch iron rod with "CLR" cap found for a point of

curve;

Along the arc of a 2040.00 foot radius non-tangent curve to the

left, having a central angle of 16 degrees 59 minutes 03 seconds, an

arc length of 604.71 feet, and a chord which bears South 84 degrees

46 minutes 12 seconds East, a distance of 602.50 feet, to a 3/4-inch

iron rod with "CLR" cap found for a point of tangency;

North 86 degrees 44 minutes 17 seconds East, a distance of 88.58

feet, to a 3/4-inch Iron rod with "CLR" cap found for the northwest

end of a cut-back corner at the southwest corner of the intersection

of said West Bellfort Drive and Centerpoint Drive (60 feet wide);

THENCE, South 47 degrees 54 minutes 45 seconds East, a distance of

21.14 feet, leaving the south right-of-way line of said West

Bellfort Drive, to a 3/4-inch iron rod with "CLR" cap found for the

southeast end of said cut-back corner in the westerly right-of-way

line of said Centerpoint Drive, the northeast corner of

Unrestricted Reserve "B" in Section II of said South Point Business

Park, and the southeast corner hereof;

THENCE, South 86 degrees 44 minutes 26 seconds West, a distance of

1056.25 feet, leaving the westerly right-of-way line of said

Centerpoint Drive, with the north line of Section I and Section II

of said South Point Business Park, to the POINT OF BEGINNING and

containing a computed area of 1.909 acres (83,157 square feet) of

land in said Unrestricted Reserve "B".

UNRESTRICTED RESERVE "C" 0.455 acres (19,807 square feet)

BEGINNING at a 3/4-inch iron rod with "CLR" cap found in the

northerly right-of-way line of the aforementioned West Bellfort

Drive, for the northwest corner of the residue of a Houston Lighting &

Power Company Fee Strip, recorded in Volume 1781, Page 199, of the

Harris County Deed Records, and the northeast corner hereof;

THENCE, South 16 degrees 48 minutes 57 seconds East, a distance of

19.94 feet, to a 1-inch galvanized iron pipe found in the north line

of Unrestricted Reserve "A" in Section III of the aforementioned

South Point Business Park, and the southeast corner hereof;

THENCE, South 86 degrees 44 minutes 26 seconds West, a distance of

1313.64 feet, along the north line Section III and Section II of

said South Point Business Park, to a cut "X" set in the tip of a

concrete culvert in the easterly right-of-way line of the

aforementioned Centerpoint Drive, being the southwest end of a

cut-back corner at the southeast corner of the Intersection of said

West Bellfort Drive and said Centerpoint Drive and the southwest

corner hereof;

THENCE, North 42 degrees 05 minutes 15 seconds East, a distance of

21.40 feet, to a 3/4-inch iron rod with "CLR" cap found in the

southerly right-of-way line of said West Bellfort Drive, for the

northeast end of said cut-back corner and the northwest corner

hereof;

THENCE, North 86 degrees 44 minutes 17 seconds East, a distance of

1186.52 feet, along the southerly right-of-way line of said West

Bellfort Drive, to a 3/4-inch iron rod with "CLR" cap found for a

point of curve;

THENCE, continuing along the southerly right-of-way fine of said

West Bellfort Drive, along the arc of a 1341.97 foot radius curve to

the left, having a central angle of 04 degrees 34 minutes 58

seconds, an arc length of 107.34 feet, and a chord which bears North

84 degrees 26 minutes 48 seconds East, a distance of 107.31_feet, to

the POINT OF BEGINNING and containing a computed area of 0.455 acres

(19,807 square feet) of land in said Unrestricted Reserve "C", and

containing a total aggregate area of 104.196 acres (4,538,793

square feet) of land.

SECTION 4. REIMBURSEMENT FOR COST OF CREATION. The Harris

County Improvement District No. 8 may reimburse the cost of

creating the district from assessments or other revenues created by

the district.

SECTION 5. ADDITIONAL LEGISLATIVE FINDINGS. The

legislature finds that:

(1) proper and legal notice of the intention to

introduce this Act, setting forth the general substance of this

Act, has been published as provided by law, and the notice and a

copy of this Act have been furnished to all persons, agencies,

officials, or entities to which they are required to be furnished by

the constitution and laws of this state, including the governor,

who has submitted the notice and Act to the Texas Commission on

Environmental Quality;

(2) the Texas Commission on Environmental Quality has

filed its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time;

(3) the general law relating to consent by political

subdivisions to the creation of districts with conservation,

reclamation, and road powers and the inclusion of land in those

districts has been complied with; and

(4) all requirements of the constitution and laws of

this state and the rules and procedures of the legislature with

respect to the notice, introduction, and passage of this Act have

been fulfilled and accomplished.

SECTION 6. EFFECTIVE DATE. This Act takes effect

immediately if it receives a vote of two-thirds of all the members

elected to each house, as provided by Section 39, Article III, Texas

Constitution. If this Act does not receive the vote necessary for

immediate effect, this Act takes effect September 1, 2007.