81(R) SB 2473 - Enrolled version



	S.B. No. 2473

AN ACT

relating to the creation of the Harris County Improvement District

No. 13; providing authority to impose an assessment, impose a tax,

and issue bonds.

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

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 3881 to read as follows:

CHAPTER 3881. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 13

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3881.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Harris County Improvement

District No. 13.

Sec. 3881.002. NATURE OF DISTRICT. The Harris County

Improvement District No. 13 is a special district created under

Section 59, Article XVI, Texas Constitution.

Sec. 3881.003. PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes of

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

Texas Constitution, and other public purposes stated in this

chapter. By creating the district and in authorizing the City of

Houston, 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 employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

interpreted to relieve Harris County from providing the level of

services provided, as of the effective date of the Act enacting this

chapter, to the area in the district. The district is created to

supplement and not to supplant the county services provided in the

area in the district.

Sec. 3881.004. 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.

and is essential to:

(1) further the public purposes of developing and

diversifying the economy of the state;

(2) eliminate unemployment and underemployment; and

(3) develop or expand transportation and commerce.

(d) The district will:

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

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

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

the district territory as a community and business center;

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

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

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

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

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

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

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3881.005. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake in the

field notes or in copying the field notes in the legislative process

does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes

for which the district is created or to pay the principal of and

interest on the bond;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 3881.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

All or any part of the area of the district is eligible to be

included in:

(1) a tax increment reinvestment zone created under

Chapter 311, Tax Code;

(2) a tax abatement reinvestment zone created under

Chapter 312, Tax Code; or

(3) an enterprise zone created under Chapter 2303,

Government Code.

Sec. 3881.007. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

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

Sec. 3881.008. LIBERAL CONSTRUCTION OF CHAPTER. This

chapter shall be liberally construed in conformity with the

findings and purposes stated in this chapter.

[Sections 3881.009-3881.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3881.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five voting directors who serve staggered

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

June 1 of each odd-numbered year.

(b) The board by resolution may change the number of voting

directors on the board, but only if the board determines that the

change is in the best interest of the district. The board may not

consist of fewer than five or more than 15 voting directors.

Sec. 3881.052. APPOINTMENT OF DIRECTORS. The Texas

Commission on Environmental Quality shall appoint voting directors

from persons recommended by the board.

Sec. 3881.053. INITIAL VOTING DIRECTORS. (a) The initial

board consists of the following voting directors:

Pos. No.

Name of Director

Chris Taylor

Leanne Ross

Ryan Sweeney

Shane Herzog

Terry Taylor

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

appointed for positions 1 through 3 expire June 1, 2011, and the

terms of directors appointed for positions 4 and 5 expire June 1,

2013.

Sec. 3881.054. NONVOTING DIRECTORS. The board may appoint

nonvoting directors to serve at the pleasure of the voting

directors.

Sec. 3881.055. QUORUM. For purposes of determining the

requirements for a quorum of the board, the following are not

counted:

(1) a board position vacant for any reason, including

death, resignation, or disqualification;

(2) a director who is abstaining from participation in

a vote because of a conflict of interest; or

(3) a nonvoting director.

Sec. 3881.056. COMPENSATION. A director is entitled to

receive fees of office and reimbursement for actual expenses as

provided by Section 49.060, Water Code. Sections 375.069 and

375.070, Local Government Code, do not apply to the board.

[Sections 3881.057-3881.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3881.101. DEVELOPMENT CORPORATION POWERS. The

district may exercise the powers given to a development corporation

under Chapter 505, Local Government Code, including the power to

own, operate, acquire, construct, lease, improve, or maintain a

project described by that chapter.

Sec. 3881.102. 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 the board of directors

of a local government corporation created under Chapter 431,

Transportation Code, except that a board member is not required to

reside in the district.

Sec. 3881.103. 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. 3881.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT

SERVICES. To protect the public interest, the district may

contract with a qualified person, including Harris County or the

City of Houston, for the provision of law enforcement services in

the district for a fee.

Sec. 3881.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The

district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 3881.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The

district may establish and provide for the administration of one or

more programs to promote state or local economic development and to

stimulate business and commercial activity in the district,

including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

(b) The district has all of the powers of a municipality

under Chapter 380, Local Government Code.

Sec. 3881.107. STRATEGIC PARTNERSHIP AGREEMENT. The

district may negotiate and enter into a written strategic

partnership with the City of Houston pursuant to Section 43.0751,

Local Government Code.

Sec. 3881.108. NO EMINENT DOMAIN. The district may not

exercise the power of eminent domain.

Sec. 3881.109. ANNEXATION OR EXCLUSION OF LAND. (a) The

district may annex land as provided by Subchapter J, Chapter 49,

Water Code.

(b) The district may exclude land as provided by Subchapter

J, Chapter 49, Water Code. Section 375.044(b), Local Government

Code, does not apply to the district.

[Sections 3881.110-3881.150 reserved for expansion]

SUBCHAPTER D. PUBLIC PARKING FACILITIES

Sec. 3881.151. 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 or a system of parking facilities,

including:

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

structures or accommodations for parking motor vehicles off the

streets; and

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

accessories necessary for safety and convenience in parking

vehicles.

(b) A parking facility of the district may be leased to or

operated on behalf of the district by an entity other than the

district.

authorized by the legislature under Section 52-a, Article III,

Texas Constitution.

(d) The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

Sec. 3881.152. RULES. The district may adopt rules

governing the district's public parking facilities.

Sec. 3881.153. FINANCING OF PUBLIC PARKING FACILITIES.

(a) The district may use any of its resources, including revenue,

assessments, taxes, or grant or contract proceeds, to pay the cost

of acquiring or operating public parking facilities.

(b) The district may:

(1) set, charge, impose, and collect fees, charges, or

tolls for the use of the district's public parking facilities; and

(2) issue bonds or notes to finance the cost of the

district's public parking facilities.

[Sections 3881.154-3881.200 reserved for expansion]

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Sec. 3881.201. 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. 3881.202. MONEY USED FOR IMPROVEMENTS OR SERVICES.

The district may acquire, construct, finance, operate, or maintain

any improvement or service authorized under this chapter or Chapter

375, Local Government Code, using any money available to the

district.

Sec. 3881.203. PETITION REQUIRED FOR FINANCING SERVICES AND

IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by

the owners of a majority of the assessed value of real property in

the district subject to assessment according to the most recent

certified tax appraisal roll for Harris County.

Sec. 3881.204. METHOD OF NOTICE FOR HEARING. The district

may mail the notice required by Section 375.115(c), Local

Government Code, by certified or first class United States mail.

The board shall determine the method of mailing notice.

Sec. 3881.205. ASSESSMENTS; LIENS FOR ASSESSMENTS.

(a) The board by resolution may impose and collect an assessment

for any purpose authorized by this chapter in all or any part of the

district.

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

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

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

fees incurred by the district:

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

assessed;

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

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

taxes; and

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

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

assessment proceedings.

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. 3881.206. 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. 3881.207. RESIDENTIAL PROPERTY. Section 375.161,

Local Government Code, does not apply to:

(1) a tax imposed by the district; or

(2) any payment required by the district for a service

provided by the district, including water and sewer services.

Sec. 3881.208. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held in accordance with Section 3881.212,

the district may impose an annual operation and maintenance tax on

taxable property in the district in accordance with Section 49.107,

Water Code, for any district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the tax rate. The rate may not

exceed the rate approved at the election.

district.

Sec. 3881.209. CONTRACT TAXES. (a) In accordance with

Section 49.108, Water Code, the district may impose a tax other than

an operation and maintenance tax and use the revenue derived from

the tax to make payments under a contract after the provisions of

the contract have been approved by a majority of the district voters

voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a

provision stating that the contract may be modified or amended by

the board without further voter approval.

Sec. 3881.210. AUTHORITY TO BORROW MONEY AND TO ISSUE

BONDS. (a) The district may borrow money on terms and conditions

as determined by the board. Section 375.205, Local Government

Code, does not apply to a loan, line of credit, or other borrowing

from a bank or financial institution secured by revenue other than

ad valorem taxes.

(b) The district may issue bonds, notes, or other

obligations payable wholly or partly from ad valorem taxes, sales

and use taxes, assessments, impact fees, revenue, contract

payments, grants, or other district money, or any combination of

those sources of money, to pay for any authorized district purpose.

bonds, notes, and other obligations set forth in Section 49.4645,

Water Code, does not apply to the district.

Sec. 3881.211. TAXES FOR BONDS. At the time the district

issues bonds payable wholly or partly from ad valorem taxes, the

board shall provide for the annual imposition of a continuing

direct annual ad valorem tax, without limit as to rate or amount,

while all or part of the bonds are outstanding as required and in

the manner provided by Sections 54.601 and 54.602, Water Code.

Sec. 3881.212. ELECTIONS REGARDING TAXES AND BONDS.

(a) The district may issue, without an election, bonds, notes, and

other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 3881.209.

(b) The district must hold an election in the manner

provided by Subchapter L, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax or sales and use tax or issue bonds payable from ad valorem

taxes.

to the district.

(d) All or any part of any facilities or improvements which

may be acquired by a district by the issuance of its bonds may be

included in one single proposition to be voted on at the election or

the bonds may be submitted in several propositions.

Sec. 3881.213. COMPETITIVE BIDDING. Subchapter I, Chapter

49, Water Code, applies to the district. Sections 375.221 and

375.223, Local Government Code, do not apply to the district.

Sec. 3881.214. TAX AND ASSESSMENT ABATEMENTS. The district

may grant in the manner authorized by Chapter 312, Tax Code, an

abatement for a tax or assessment owed to the district.

[Sections 3881.215-3881.250 reserved for expansion]

SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED

PROPERTY

Sec. 3881.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR

DESIGNATED PROPERTY. The district may define areas or designate

certain property of the district to pay for improvements,

facilities, or services that primarily benefit that area or

property and do not generally and directly benefit the district as a

whole.

Sec. 3881.252. PROCEDURE FOR ELECTION. (a) Before the

district may impose an ad valorem tax or issue bonds payable from ad

valorem taxes of the area defined or property designated under

Section 3881.251, the board must call and hold an election as

provided by Section 3881.212 only in the defined area or in the

boundaries of the designated property.

(b) The board may submit the proposition to the voters on

the same ballot to be used in another election.

Sec. 3881.253. DECLARING RESULT AND ISSUING ORDER. (a) If

a majority of the voters voting at the election approve the

proposition or propositions, the board shall declare the results

and by order shall establish the defined area and describe it by

metes and bounds or designate the specific property.

(b) A court may not review the board's order except on the

ground of fraud, palpable error, or arbitrary and confiscatory

abuse of discretion.

Sec. 3881.254. TAXES FOR SERVICES, IMPROVEMENTS, AND

FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter

approval and adoption of the order described in Section 3881.253,

the district may apply separately, differently, equitably, and

specifically its taxing power and lien authority to the defined

area or designated property to provide money to construct,

administer, maintain, and operate services, improvements, and

facilities that primarily benefit the defined area or designated

property.

Sec. 3881.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES

FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under

Section 3881.253 is adopted, the district may issue bonds to

provide for any land, improvements, facilities, plants, equipment,

and appliances for the defined area or designated property.

[Sections 3881.256-3881.300 reserved for expansion]

SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION

Sec. 3881.301. MUNICIPAL ANNEXATION; DISSOLUTION.

(a) The district is a "water or sewer district" under Section

43.071, Local Government Code.

(b) Section 43.075, Local Government Code, applies to the

district.

to the dissolution of the district by a municipality.

SECTION 2. Harris County Improvement District No. 13

initially includes all territory contained in the following area:

BEING 705.36 acres of land lying wholly within Harris County,

Texas consisting of TRACT "1": A 400.03 acre tract situated in the

Jno. W. Baker Survey, A-116 and the Moses Merritt Survey, A-579,

TRACT "2": A 305.33 acre tract situated in the Moses Merritt Survey,

A-579 and the J. W. Moody Survey, A-547 and more particularly

described as follows:

TRACT "1"

BEING a 400.03 acre tract situated in the Jno. W. Baker

Survey, A-116 and the Moses Merritt Survey, A-579, Harris County,

Texas and being part of that certain called 891.99 acre tract

described and recorded under Harris County Clerk's File Number

(H.C.C.F. No.) 20070535841, said 400.03 acre being more

particularly described by metes and bounds as follows:

BEGINNING at a 5/8-inch iron rod found for the northwest

corner of a called 21.148 acre tract described and recorded under

H.C.C.F. No. M488539 and being in the southern right-of-way line of

the Union Pacific Railroad Company railroad right-of-way (100' wide

at this point) as recorded in Volume 964, Page 88 of the Harris

County Deed Records (H.C.D.R.);

THENCE, along the western lines of said 21.148 acre tract and

the eastern lines of the said 891.99 acre tract the following five

(5) courses:

S 21°51'31" W, a distance of 100.00 feet to a disturbed

5/8-inch iron rod found for the point of curvature of a curve to the

left;

In a southeasterly direction, 498.97 feet along the arc

of said curve to the left having a radius of 610.00 feet, a central

angle of 46°52'00" and whose chord bears S 01°34'29" E, 485.17 feet

to a 5/8-inch iron rod found for the point of tangency of said

curve;

S 25°00'29" E, a distance of 437.99 feet to a 5/8-inch

iron rod found for the point of curvature of a curve to the right;

In a southeasterly direction, 153.69 feet along the arc

of said curve to the right having a radius of 390.00 feet, a central

angle of 22°34'45" and whose chord bears S 13°43'07" E, 152.70 feet

to a 5/8-inch iron rod with cap stamped "BROWN & GAY" set for the

point of tangency of said curve;

S 02°25'44" E, a distance of 2406.07 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY set for the southeast corner

of the herein described tract, the beginning of a non-tangent curve

to the left;

THENCE the following eight (8) courses and distances over and

across said called 891.99 acre tract:

In a Westerly direction, along a curve to the left, a

distance of 853.40 feet, having a radius of 1950.00 feet, a central

angle of 25°04'30" and a chord which bears N 77°57'39" W, 846.60 feet

to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the

point of tangency;

S 89°30'06" W, a distance of 100.00 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY set for the beginning of a

tangent curve to the right;

In a Northwesterly direction, along said curve to the

right, a distance of 2441.52 feet, having a radius of 2050.00 feet,

a central angle of 68°14'18" and a chord which bears N 56°22'45" W,

2299.76 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY

set for the point of tangency;

N 22°15'36" W, a distance of 873.59 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY set for the beginning of a

tangent curve to the left;

In a Northwesterly direction, along said curve to the

left, a distance of 2468.33 feet, having a radius of 1950.00 feet, a

central angle of 72°31'32" and a chord which bears N 58°31'22" W,

2306.81 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY

set for the point of tangency;

S 85°12'52" W, a distance of 100.00 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY set for the beginning of a

tangent curve to the right;

In a Westerly direction, along said curve to the right,

a distance of 941.65 feet, having a radius of 2050.00 feet, a

central angle of 26°19'06" and a chord which bears N 81°37'35" W,

933.39 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set

for the point of tangency;

N 68°28'02" W, a distance of 399.82 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY set for corner in the east

line of a called 2,523.670 acre tract described and recorded under

H.C.C.F. No. U036618;

THENCE, N 02°08'21" W, a distance of 2274.31 feet along the

east line of said 2,523.670 acre tract to a 5/8-inch iron rod with

cap stamped "BROWN & GAY" set for the northwest corner of the herein

described tract and being in the southern right-of-way line of the

said Union Pacific Railroad Company railroad right-of-way (150'

wide at this point);

THENCE, along the said southern right-of-way line the

following three (3) courses:

S 68°08'29" E, a distance of 1,452.09 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for an angle point;

N 02°45'38" W, a distance of 55.00 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for an angle point from

which a found disturbed 5/8-inch iron rod bears S 75°35' W, 0.64

feet;

S 68°08'29" E, a distance of 692.19 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for the northwest corner

of a called 3.220 acre tract described and recorded under D592435;

THENCE, along the lines common to said 3.220 acre tract and

the herein described tract the following three (3) courses:

S 16°08'53" W, a distance of 854.18 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for the southwest corner

of said 3.220 acre tract;

S 68°08'29" E, a distance of 80.00 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for the southeast corner

of said 3.220 acre tract;

N 27°34'09" E, a distance of 854.18 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for the northeast corner

of said 3.220 acre tract;

THENCE, S 68°08'29" E, a distance of 4,420.07 feet along the

said southern railroad right-of-way line to the POINT OF BEGINNING

and containing 400.03 acres of land.

TRACT "2"

BEING a 305.33 acre tract of land in the Moses Merrit Survey,

A-579 and the J. W. Moody Survey, A-547, Harris County, Texas, being

part of that certain called 435.44 acre tract described and

recorded under Harris County Clerk's File Number (H.C.C.F. No.)

20070535841, said 305.33 acre tract being more particularly

described by metes and bounds as follows:

BEGINNING at a 5/8-inch iron rod found for the northeast

corner of a called 21.148 acre tract described and recorded under

H.C.C.F. No. M488539 and being in the southern right-of-way line of

the Union Pacific Railroad Company railroad right-of-way (100' wide

at this point) as recorded in Volume 964, Page 88 of the Harris

County Deed Records (H.C.D.R.), having coordinates of X:

3,004,753.52, Y: 13,921,042.73;

THENCE, along the said southern right-of-way line the

following five (5) courses:

S 68°08'29" E, a distance of 3,677.36 feet to a 5/8-inch

iron rod found for an angle point;

S 20°12'43" W, a distance of 140.80 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for an angle point;

S 69°52'17" E, a distance of 390.35 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for an angle point;

N 17°21'43" E, a distance of 129.36 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for an angle point from

which a found 5/8-inch iron rod bears S 31°05' W, 0.33 feet;

S 68°08'29" E, a distance of 226.09 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY" set for the northeast corner

of the herein described tract and the northwest corner of a called

237.257 acre tract described and recorded under H.C.C.F. No.

W483191 from which a found 5/8-inch iron rod bears S 29°12' W, 0.47

feet;

THENCE, S 01°44'44" E, a distance of 2704.45 feet to a

5/8-inch iron rod with cap stamped "BROWN & GAY set for the most

easterly southeast corner of the herein described tract;

THENCE the following six (6) courses and distances over and

across said called 435.44 acre tract:

S 88°15'16" W, a distance of 75.72 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY set for the beginning of a

tangent curve to the left;

In a Westerly direction, along said curve to the left, a

distance of 531.50 feet, having a radius of 1950.00 feet, a central

angle of 15°37'00" and a chord which bears S 80°26'46" W, 529.85 feet

to a 5/8-inch iron rod with cap stamped "BROWN & GAY set for the

point of tangency;

S 72°38'16" W, a distance of 565.96 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY set for the beginning of a

tangent curve to the right;

In a Westerly direction, along said curve to the right,

a distance of 2329.05 feet, having a radius of 2050.00 feet, a

central angle of 65°05'42" and a chord which bears N 74°48'53" W,

2205.79 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY

set for the point of tangency;

N 42°16'02" W, a distance of 100.00 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY set for the beginning of a

tangent curve to the left;

In a Northwesterly direction, along said curve to the

left, a distance of 531.87 feet, having a radius of 1950.00 feet, a

central angle of 15°37'39" and a chord which bears N 50°04'52" W,

530.22 feet to a 5/8-inch iron rod with cap stamped "BROWN & GAY set

for corner;

THENCE, along the eastern lines of said 21.148 acre tract and

the western lines of the herein described tract the following five

(5) courses:

N 02°25'44" W, a distance of 2537.06 feet to a 5/8-inch

iron rod with cap stamped "BROWN & GAY set for the point of

curvature of a curve to the left;

In a northwesterly direction, 121.77 feet along the arc

of said curve to the left having a radius of 610.00 feet, a central

angle of 22°34'45" and whose chord bears N 13°43'07" W, 238.84 feet

to a disturbed 5/8-inch iron rod found for the point of tangency of

said curve;

N 25°00'29" W, a distance of 437.99 feet to a 5/8-inch

iron rod found for the point of curvature of a curve to the right;

In a northwesterly direction, 319.01 feet along the arc

of said curve to the right having a radius of 390.00 feet, a central

angle of 46°52'00" and whose chord bears N 01°34'29" W, 310.19 feet

to a 5/8-inch iron rod found for the point of tangency of said

curve;

N 21°51'31" E, a distance of 100.00 feet to the POINT OF

BEGINNING and containing 305.33 acres of land.

SECTION 3. (a) The legal notice of the intention to

introduce this Act, setting forth the general substance of this

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

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

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

under Section 59, Article XVI, Texas Constitution, and Chapter 313,

Government Code.

(b) The governor, one of the required recipients, has

submitted the notice and Act to the Texas Commission on

Environmental Quality.

its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time.

(d) The general law relating to consent by political

subdivisions to the creation of districts with conservation,

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

districts has been complied with.

(e) All requirements of the constitution and laws of this

state and the rules and procedures of the legislature with respect

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

fulfilled and accomplished.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2009.

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 2473 passed the Senate on

May 6, 2009, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2473 passed the House on

May 15, 2009, by the following vote: Yeas 144, Nays 0, one

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor