By: Jackson  S.B. No. 2507
         (In the Senate - Filed April 7, 2009; April 8, 2009, read
  first time and referred to Committee on Intergovernmental
  Relations; April 24, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  April 24, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2507 By:  Patrick
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of the Harris County Improvement District
  No. 16; 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 3890 to read as follows:
  CHAPTER 3890. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 16
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 3890.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Houston.
               (3)  "Director" means a board member.
               (4)  "District" means the Harris County Improvement
  District No. 16.
         Sec. 3890.002.  NATURE OF DISTRICT. The Harris County
  Improvement District No. 16 is a special district created under
  Section 59, Article XVI, Texas Constitution.
         Sec. 3890.003.  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.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city or Harris County from providing the
  level of services provided, as of the effective date of the Act
  creating this chapter, to the area in the district. The district is
  created to supplement and not to supplant the city and county
  services provided in the area in the district.
         Sec. 3890.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a)  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district 
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to:
               (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. 3890.005.  INITIAL DISTRICT TERRITORY. (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating 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. 3890.006.  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. 3890.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3890.008.  LIBERAL CONSTRUCTION OF CHAPTER. This
  chapter shall be liberally construed in conformity with the
  findings and purposes stated in this chapter.
  [Sections 3890.009-3890.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3890.051.  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. 3890.052.  APPOINTMENT OF DIRECTORS. The mayor and
  members of the governing body of the city shall appoint voting
  directors from persons recommended by the board.  A person is
  appointed if the majority of the members of the governing body,
  including the mayor, vote to appoint that person.
         Sec. 3890.053.  INITIAL VOTING DIRECTORS. (a)  The initial
  board consists of the following voting directors:
               Pos. No.  Name of Director
                     1   Thad Armstrong
                     2   Ken Melber
                     3   Bank Jordan
                     4   Alan Arnold
                     5   Pat Walters
         (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.
         (c)  Section 3890.052 does not apply to this section.
         (d)  This section expires September 1, 2014.
         Sec. 3890.054.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3890.055.  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. 3890.056.  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 3890.057-3890.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3890.101.  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. 3890.102.  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.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation. The board of directors of the nonprofit
  corporation shall serve in the same manner as the board of directors
  of a local government corporation created under Chapter 431,
  Transportation Code, except that a board member is not required to
  reside in the district.
         Sec. 3890.103.  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. 3890.104.  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, for the provision of law enforcement services in the district
  for a fee.
         Sec. 3890.105.  APPROVAL BY CITY. (a)  Except as provided
  by Subsection (c), the district must obtain approval from the city
  for:
               (1)  the issuance of bonds; and
               (2)  plans and specifications for an improvement
  project related to the use of land owned by the city, an easement
  granted by the city, or a right-of-way of a street, road, or
  highway.
         (b)  The approval under Subsection (a)(1) must be by a
  resolution or ordinance adopted by the governing body of the city.  
  The approval under Subsection (a)(2) may be any form of official
  approval of the city, including approval by an administrative
  process that does not involve the city's governing body.
         (c)  If the district obtains approval of the city's governing
  body for a capital improvements plan for a period not to exceed 10
  years, the district may finance the capital improvements and issue
  bonds specified in the plan without further city approval.
         Sec. 3890.106.  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. 3890.107.  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. 3890.108.  NO EMINENT DOMAIN. The district may not
  exercise the power of eminent domain.
         Sec. 3890.109.  ANNEXATION OR EXCLUSION OF LAND. (a)  The
  district may annex land as provided by Subchapter J, Chapter 49,
  Water Code.
         (b)  In addition to the authority to annex provided by
  Subsection (a), the board by resolution may annex territory if:
               (1)  the city's governing body by ordinance or
  resolution consents to the annexation;
               (2)  the board holds a hearing to consider the
  annexation; and
               (3)  the board determines that the annexation is
  practicable and in the best interest of the district.
         (c)  An election is required for an annexation under
  Subsection (b) or Section 49.302, Water Code, only if before the
  annexation the district held an election at which the voters
  approved the imposition of an ad valorem tax or the issuance of
  bonds payable wholly or partly from ad valorem taxes.
         (d)  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 3890.110-3890.150 reserved for expansion]
  SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES
         Sec. 3890.151.  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 in
  the district.
         Sec. 3890.152.  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 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.
         (c)  The district's parking facilities are a program
  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. 3890.153.  RULES. The district may adopt rules
  governing the district's public transit system or public parking
  facilities.
         Sec. 3890.154.  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 the district's public transit system or
  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 transit system or public
  parking facilities; and
               (2)  issue bonds or notes to finance the cost of the
  district's public transit system or public parking facilities.
  [Sections 3890.155-3890.200 reserved for expansion]
  SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
         Sec. 3890.201.  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. 3890.202.  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. 3890.203.  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. 3890.204.  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. 3890.205.  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.
         (c)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (d)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         Sec. 3890.206.  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. 3890.207.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held in accordance with Section 3890.210,
  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.
         (c)  Section 49.107(h), Water Code, does not apply to the
  district.
         Sec. 3890.208.  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 by competitive bid or negotiated
  sale bonds, notes, or other obligations payable wholly or partly
  from ad valorem taxes, assessments, impact fees, revenue, contract
  payments, grants, or other district money, or any combination of
  those sources of money, to pay for any authorized district purpose.
         (c)  The limitation on the outstanding principal amount of
  bonds, notes, and other obligations set forth in Section 49.4645,
  Water Code, does not apply to the district.
         Sec. 3890.209.  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. 3890.210.  ELECTIONS REGARDING TAXES AND BONDS.
  (a)  The district may issue, without an election, bonds, notes, and
  other obligations secured by revenue other than ad valorem taxes.
         (b)  The district must hold an election in the manner
  provided by Subchapter L, Chapter 375, Local Government Code, to
  obtain voter approval before the district may impose an ad valorem
  tax or issue bonds payable from ad valorem taxes.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         (d)  All or any part of any facilities or improvements 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. 3890.211.  CITY NOT REQUIRED TO PAY DISTRICT
  OBLIGATIONS.  Except as provided by Section 375.263, Local
  Government Code, the city may not be required to pay a bond, note,
  or other obligation of the district.
         Sec. 3890.212.  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. 3890.213.  TAX AND ASSESSMENT ABATEMENTS. The district
  may grant in the manner provided by Chapter 312, Tax Code, an
  abatement for a tax or assessment owed to the district.
  [Sections 3890.214-3890.250 reserved for expansion]
  SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
  PROPERTY
         Sec. 3890.251.  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. 3890.252.  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 3890.251, the board must call and hold an election as
  provided by Section 3890.210 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. 3890.253.  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. 3890.254.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
  approval and adoption of the order described in Section 3890.253,
  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. 3890.255.  ISSUANCE OF BONDS AND IMPOSITION OF TAXES
  FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
  Section 3890.253 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.
         SECTION 2.  The Harris County Improvement District No. 16
  initially includes all territory contained in the following area:
  TRACT 1
         Description of two tracts of land containing 23.8087 acres
  (1,037,107 square feet), Save and Except a 0.1389 acre tract (6,048
  square feet), and 4.0627 acres (176,970 square feet), located in
  the Juan Sutton Survey, A-751 and the John Robinson Survey, A-680,
  Harris County, Texas, and being those two certain tracts, Parcel
  "X", 25+ acres and Parcel "Y", 4+ acres, as described in deed from
  Corporate Property Investors to Rouse-Almeda, Inc., as recorded
  under Harris County Clerk's File No. L484651, said tracts of land
  are more particularly described by metes and bounds as follows,
  with bearings referenced to the description of said 23.8087 acre
  tract:
         TRACT 1 - PART A
         BEGINNING at a 5/8-inch iron rod found for the intersection
  of the northerly right-of-way line of Kingspoint Road (60-foot wide
  right-of-way) with the easterly right-of-way line of Kleckley Drive
  (80-foot wide right-of-way) as described by City of Houston
  Ordinance recorded in Volume 5959, Page 31 of the Harris County Deed
  Records, said point being the southwest corner of the herein
  described tract;
         THENCE North 01° 13' 33" West, with the easterly line of said
  Kleckley Drive, a distance of 614.96 feet to a cut "X" found at the
  southwest corner of a certain 1.00 acre tract as described under
  Harris County Clerk's File No. C687380;
         THENCE North 88° 46' 27" East, leaving said easterly
  right-of-way line and with the southerly line of said 1.00 acre
  tract, a distance of 200.00 feet to a 1/2-inch iron rod found at the
  southeast corner of said tract and an interior corner of the herein
  described tract;
         THENCE North 01° 13' 33" West, with the easterly line of said
  1.00 acre tract, a distance of 217.80 feet to a railroad spike found
  at the northeast corner of said tract and an interior corner of the
  herein described tract;
         THENCE South 88° 46' 27" West, with the northerly line of said
  1.00 acre tract, a distance of 200.00 feet to a 5/8-inch iron rod
  found for the northwest corner of said tract and on the easterly
  right-of-way line of the aforementioned Kleckley Drive;
         THENCE North 01° 13' 33" West, with the said easterly
  right-of-way line, a distance of 240.92 feet to a 5/8-inch iron rod
  found at the most westerly northwest corner of the herein described
  tract and the southwest corner of a called 17.1734 acre tract as
  described under Harris County Clerk's File No. C200933;
         THENCE North 88° 46' 27" East, leaving said easterly
  right-of-way line and with the southerly line of said 17.1734 acre
  tract, a distance of 221.47 feet to a 1/2-inch iron rod found for a
  southeast corner of said tract and an interior corner of the herein
  described tract;
         THENCE North 01° 13' 33" West, with an easterly line of said
  17.1734 acre tract, a distance of 138.58 feet to 5/8-inch iron rod
  found at an angle point;
         THENCE North 68° 05' 25" East, continuing with said easterly
  line, a distance of 20.00 feet to an angle point within a building
  column;
         THENCE North 21° 54' 35" West, continuing with said easterly
  line, a distance of 105.94 feet to a nail and washer found at the
  most northerly northwest corner of the herein described tract and
  an interior corner of said 17.1734 acre tract;
         THENCE North 68° 05' 25" East, with a southeasterly line of
  said 17.1734 acre tract, a distance of 535.50 feet to a 3/4-inch
  iron rod found at the most northerly northeast corner of the herein
  described tract and an interior corner of said 17.1734 acre tract;
         THENCE South 42° 35' 38" East, with a southwesterly line of
  said 17.1734 acre tract a distance of 251.82 feet to a 1/2-inch iron
  rod found for the southwest corner of said tract and an interior
  corner of the herein described tract;
         THENCE North 47° 24' 22" East, with a southeasterly line of
  said 17.1734 acre tract, a distance of 278.97 feet to a 5/8-inch
  iron rod found at the most easterly southeast corner of said tract
  and the most easterly northeast corner of the herein described
  tract and on the westerly right-of-way line of I.H. 45 (Gulf
  Freeway, width varies);
         THENCE South 42° 35' 38" East, with the westerly right-of-way
  line of said I.H. 45, a distance of 442.06 feet to a 5/8-inch iron
  rod found at the most easterly southeast corner of the herein
  described tract and the northeast corner of a 13.7382 acre tract as
  described under Harris County Clerk's File No. C200933;
         THENCE South 47° 24' 22" West, leaving said westerly
  right-of-way line and with a northwesterly line of said 13.7382
  acre tract, a distance of 564.48 feet to a PK nail and washer found
  at the northeast corner of a 0.7286 acre tract of land described in
  deed to Federated Department Stores as recorded in Volume 6379,
  Page 160 of the Deed Records of Harris County, Texas and at an
  interior corner of the herein described tract;
         THENCE South 21° 54' 35" East, with the northeasterly line of
  the said 0.7286 acre Federated tract, a distance of 50.00 feet to a
  cut "X" found at the east corner of the said 0.7286 acre Federated
  tract;
         THENCE South 68° 05' 25" West, with the southeasterly line of
  said 0.7286 acre Federated tract, at 634.76 feet, pass the south
  corner of the said 0.7286 acre Federated tract and the north corner
  of a 0.7286 acre tract of land described in deed to J.C. Penny as
  recorded in Volume 6379, Page 160 of the Deed Records of Harris
  County, Texas, and then with the northwesterly line of the said
  0.7286 acre J.C. Penny tract, in all a total distance of 695.69 feet
  to a 1/2-inch iron rod found at the west corner of said tract and an
  interior corner of the herein described tract;
         THENCE South 21° 54' 35" East, with the southwesterly line of
  said 0.7286 acre J.C. Penny tract, a distance of 529.64 feet to a
  5/8-inch iron rod found at the southern corner of the said 0.7286
  acre J.C. Penny tract and on the northerly line of a Texas Pipe Line
  Company fee strip as described in Volume 1770, Page 161 of the Deed
  Records of Harris County, Texas;
         THENCE South 52° 09' 27" West, with the northerly line of said
  fee strip, a distance of 36.83 feet to a 5/8-inch iron rod found at
  the most westerly southeast corner of the herein described tract
  and on the northerly right-of-way line of the aforementioned
  Kingspoint Road;
         THENCE North 89° 47' 33" West, with the northerly right-of-way
  line of said Kingspoint Road, a distance of 472.53 feet to the POINT
  OF BEGINNING containing a computed area of 23.8087 acres (1,037,107
  square feet) of land.
         SAVE AND EXCEPT (TRACT 1 - PART A)
         SAVE AND EXCEPT that certain 0.1389 acre (6,048 square feet)
  tract of land conveyed to the City of Houston, by deed recorded
  under County Clerk's File No. N889207 and described as follows:
         BEGINNING at a 5/8-inch iron rod found at the intersection of
  the northerly right-of way line of Kingspoint Road (60 foot wide
  right-of-way) with the easterly right-of-way line of Kleckley Drive
  (80-foot wide right-of-way) as described by City of Houston
  Ordinance recorded in Volume 5959, Page 31 of the Harris County Deed
  Records, said point being the southwest corner of the herein
  described tract;
         THENCE, North 01° 13' 33" West, with the easterly right-of-way
  line of said Kleckley Drive, a distance of 55.00 feet to a 5/8-inch
  iron rod set at the northwest corner of the herein described tract;
         THENCE, South 89° 47' 33" East, a distance of 110.00 feet to a
  5/8-inch iron rod set at the northeast corner of the herein
  described tract;
         THENCE, South 01° 13' 33" East, a distance of 55.00 feet to a
  5/8-inch iron rod set at the southeast corner of the herein
  described tract and on the northerly right-of-way line of the
  aforesaid Kingspoint Road;
         THENCE, North 89° 47' 33" West, with the northerly
  right-of-way line of said Kingspoint Road, a distance of 110.00
  feet to the POINT OF BEGINNING and containing 0.1389 acres (6,048
  square feet) of land.
         The subject property contains 23.8087 acres (1,037,107
  square feet) save and except 0.1389 acres (6,048 square feet) for a
  computed net area of 23.6698 acres (1,031,059 square feet).
         TRACT 1 - PART B
         COMMENCING at a 5/8-inch iron rod found at the intersection
  of the northerly right-of-way line of Kingspoint Road (60-foot wide
  right-of-way) with the easterly right-of-way line of Kleckley Drive
  (80-foot wide right-of-way) as described by City of Houston
  Ordinance recorded in Volume 5959, Page 31 of the Harris County Deed
  Records:
         THENCE, South 89° 47' 33" East, with the northerly
  right-of-way line of said Kingspoint Road, a distance of 939.74
  feet to a 5/8-inch iron rod found for the POINT OF BEGINNING at the
  southwest corner of the herein described tract and a southeast
  corner of a 13.7382 acre tract as described under Harris County
  Clerk's File No. C200932;
         THENCE, North 00° 12' 27" East, leaving said northerly
  right-of-way line and with an easterly line of said 13.7382 acre
  tract, a distance of 289.48 feet to a 1/2-inch iron rod set at the
  northwest corner of the herein described tract and on the southerly
  line of a Texas Pipe Line Company Fee Strip as described in Volume
  1770, Page 161 of the Harris County Deed Records;
         THENCE, North 52° 09' 27" East, with the southerly line of the
  said Fee Strip, a distance of 495.62 feet to a 5/8-inch iron rod
  found at the northeast corner of the herein described tract and the
  northwest corner of a called 10.7966 acre tract as described under
  Harris County Clerk's File No. E970132;
         THENCE, South 01° 12' 33" East, leaving the southerly line of
  the said Fee Strip and with the westerly line of the said 10.7966
  acre tract, a distance of 595.14 feet to a 5/8-inch iron rod found
  at the southeast corner of the herein described tract and on the
  northerly line of the aforementioned Kingspoint Road;
         THENCE, North 89° 47' 33" West, with the northerly line of
  said Kingspoint Road, a distance of 405.00 feet to the POINT OF
  BEGINNING containing a computed area of 4.0627 acres (176,970
  square feet) of land.
         The subject property contains 23.8087 acres (1,037,107
  square feet) in Tract 1 - Part A, save and except 0.1389 acres
  (6,048 square feet), and 4.0627 acres (176,970 square feet) in
  Tract 1 - Part B, for a computed net area of 27.7325 acres
  (1,208,029 square feet).
  TRACT 2
         13.7382 acres of land out of that tract of land containing
  56.7876 acres described in Exhibit A in deed from James P. Lee,
  Trustee, to Federated Department Stores, Inc. as recorded in Volume
  5207, Pages 522, et seq., of the Deed Records of Harris County,
  Texas, said 56.7876 acres being a part of Block 19 of Genoa Outlots,
  a subdivision of the Juan Sutton Survey, Abstract No. 751, and the
  John Robinson Survey, Abstract No. 680, in Harris County, Texas,
  according to the map of record in Volume 1, Page 1, of the Map
  Records of Harris County, Texas, and also being a part of Block 3 of
  Acre Home Addition, a subdivision of the Juan Sutton Survey,
  Abstract No. 751, and the John Robinson Survey, Abstract No. 680, in
  Harris County, Texas, according to the map of record in Volume 4,
  Page 28 of the Map Records of Harris County, Texas, the tract herein
  described and conveyed being more particularly described by Metes
  and Bounds as follows:
         BEGINNING at an iron rod on the north right-of-way line of
  Kingspoint Road (60 feet wide), said iron rod being located 939.74
  feet South 89 degrees 47 minutes 33 seconds East from the
  intersection of the north right-of-way line of Kingspoint Road with
  the east right-of-way line of Kleckley Drive (80 feet wide), said
  iron rod being the southwest corner of a tract, described in deed
  from John E. Crosland to Trustees of The Presbytery of Houston,
  recorded in Volume 4035, Page 79, of the Deed Records of Harris
  County, Texas;
         THENCE with the North right-of-way line of Kingspoint Road,
  North 89 degrees, 47 minutes, 33 seconds West for a distance of
  467.21 feet to a 5/8-inch diameter iron rod found on the northwest
  line of a Texas Pipe Line Company Fee strip (60 feet wide) as
  described in Volume 1770, Page 161 of the Deed Records of Harris
  County, Texas;
         THENCE with the northwest line of the said Texas Pipe Line
  Company Fee strip, North 52 degrees 09 minutes 27 seconds East, for
  a distance of 36.83 feet to a 5/8-inch diameter iron rod found at
  the south corner of a 0.7286 acre tract of land described in deed to
  J.C. Penny Company as recorded in Volume 6379, Page 156 of the
  Harris County Deed Records;
         THENCE North 21 degrees 54 minutes 35 seconds West with the
  southwesterly line of the said 0.7286 acre J.C. Penny tract for a
  distance of 529.64 feet to a 1/2-inch diameter iron rod found at the
  western corner of the said 0.7286 acre J.C. Penny tract;
         THENCE North 68 degrees 05 minutes 25 seconds East, at 60.93
  feet, pass the north corner of the said 0.7286 acre J.C. Penny tract
  and the south corner of a 0.7286 acre tract described in deed to
  Federated Department Stores as recorded in Volume 6379, Page 160 of
  the Deed Records of Harris County, Texas and then with the
  southeasterly line of the said 0.7286 acre Federated tract for a
  total distance of 695.69 feet to an "X" found scribed in concrete at
  the easterly corner of the said 0.7286 acre Federated tract;
         THENCE North 21 degrees 54 minutes 35 seconds West with the
  easterly line of the said 0.7286 acre Federated tract for a distance
  of 50.00 feet to a "P.K." nail and washer found at the north corner
  of the said 0.7286 acre Federated tract;
         THENCE North 47 degrees 24 minutes 22 seconds East for a
  distance of 564.48 feet to a 5/8-inch diameter iron rod found on the
  southeasterly right-of-way line of the Gulf Freeway;
         THENCE with the southwest right-of-way line of the Gulf
  Freeway, South 42 degrees 35 minutes 38 seconds East for a distance
  of 414.58 feet to a 5/8-inch diameter iron rod set on the northwest
  line of the said Texas Pipe Line Company Fee strip;
         THENCE with the northwesterly line of the said Texas Pipe
  Line Company Fee strip, South 52 degrees 09 minutes 27 seconds West
  for a distance of 868.50 feet to a 1/2-inch diameter iron rod set;
         THENCE departing the said Texas Pipe Line Company Fee strip,
  South 00 degrees 12 minutes 27 seconds West at 76.20 feet pass the
  northwest corner of the said Trustees of the Presbytery of Houston
  tract, in all a total distance of 365.68 feet to the POINT OF
  BEGINNING containing 14.4703 acres (630.325) square feet) of land.
         SAVE AND EXCEPT (TRACT 2)
         SAVE AND EXCEPT a tract of land containing 0.7321 acres
  (31,890 square feet), being part of the Texas Pipe Line Company Fee
  strip and being more particularly described by metes and Bounds as
  follows:
         COMMENCING at a iron rod on the north right-of-way line of
  Kingspoint Road (60 feet wide), said iron rod being located 939.74
  feet South 89 degrees 47 minutes 33 seconds East from the
  intersection of the north right-of-way line of Kingspoint Road with
  the east right-of-way line of Kleckley Drive (80 feet wide), said
  iron rod being the southwest corner of a tract, described in deed
  from John E. Crosland to Trustees of The Presbytery of Houston,
  recorded in Volume 4035, Page 79, of the Deed Records of Harris
  County, Texas;
         THENCE with the north right-of-way line of Kingspoint Road,
  North 89 degrees 47 minutes 33 seconds West 369.86 feet to a
  5/8-inch diameter iron rod set on the southeast right-of-way line
  of the said Texas Pipe Line Company Fee strip, for POINT OF
  BEGINNING of the tract herein described;
         THENCE with the north right-of-way line of Kingspoint Road,
  North 89 degrees 47 minutes 33 seconds West for a distance of 97.35
  feet to a 5/8-inch diameter iron rod found on the northwest line of
  the said Texas Pipe Line Company Fee strip;
         THENCE with the northwest line of the said Texas Pipe Line
  Company Fee strip, North 52 degrees 09 minutes 27 seconds East for a
  distance of 593.30 feet to a 1/2-inch diameter iron rod set;
         THENCE South 00 degrees 12 minutes 27 seconds West for a
  distance of 76.20 feet to a 1/2-inch diameter iron rod set at the
  northwest corner of the said Trustees of The Presbytery of Houston
  tract and on the south right-of-way line of the said Texas Pipe Line
  Company Fee strip;
         THENCE with the southeast line of the Texas Pipe Line Company
  Fee strip, South 52 degrees 09 minutes 27 seconds West for a
  distance of 469.68 feet to the POINT OF BEGINNING containing 0.7321
  acres (31,890 square feet) of land.
         The subject property contains 14.4703 gross acres (630,325
  square feet) less 0.7321 acres (31,890 square feet) in the save and
  except tract for a net acreage of 13.7382 acres (598,435 square
  feet) 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.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor,
  lieutenant governor, and speaker of the house of representatives
  within the required time.
         (d)  The general law relating to consent by political
  subdivisions to the creation of districts with conservation,
  reclamation, and road powers and the inclusion of land in those
  districts has been complied with.
         (e)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act have been
  fulfilled and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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