83R5899 JSL-F
 
  By: Ellis S.B. No. 690
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of Harris County Improvement District No.
  23; providing authority to issue bonds; providing authority to
  impose assessments, fees, and taxes.
         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 3910 to read as follows:
  CHAPTER 3910.  HARRIS COUNTY IMPROVEMENT DISTRICT NO. 23
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3910.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Houston.
               (3)  "County" means Harris County.
               (4)  "Director" means a board member.
               (5)  "District" means the Harris County Improvement
  District No. 23.
         Sec. 3910.002.  NATURE OF DISTRICT. The Harris County
  Improvement District No. 23 is a special district created under
  Section 59, Article XVI, Texas Constitution.
         Sec. 3910.003.  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, the
  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 the 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 city or county services
  provided in the district.
         Sec. 3910.004.  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 further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment; and
               (3)  developing or expanding 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. 3910.005.  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. 3910.006.  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;
               (3)  an enterprise zone created under Chapter 2303,
  Government Code; or
               (4)  an industrial district created under Chapter 42,
  Local Government Code.
         Sec. 3910.007.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3910.008.  CONSTRUCTION OF CHAPTER. This chapter shall
  be liberally construed in conformity with the findings and purposes
  stated in this chapter.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 3910.051.  GOVERNING BODY; 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 change the number of voting
  directors on the board if the board determines that the change is in
  the best interest of the district. The board may not consist of
  fewer than 5 or more than 15 voting directors.
         Sec. 3910.052.  APPOINTMENT OF VOTING 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 a majority of the members of the governing body and the
  mayor vote to appoint that person.
         Sec. 3910.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3910.054.  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. 3910.055.  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.
         Sec. 3910.056.  INITIAL VOTING DIRECTORS.  (a)  The initial
  board consists of the following voting directors:
 
Pos. No. Name of Director
 
1 Dan Lipnick
 
2 Hien Le
 
3 Ndukwe Kalu
 
4 Adam William
 
5 Kenady Davis
 
6 Cortney Cole
 
7 Jon Herbster
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through four expire June 1, 2015, and
  the terms of directors appointed for positions five through seven
  expire June 1, 2017.
         (c)  Section 3910.052 does not apply to this section.
         (d)  This section expires September 1, 2017.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3910.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3910.102.  IMPROVEMENT PROJECTS AND SERVICES. The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service using any money available to the district, or contract with
  a governmental or private entity to provide, design, construct,
  acquire, improve, relocate, operate, maintain, or finance an
  improvement or service authorized under this chapter or Chapter
  375, Local Government Code.
         Sec. 3910.103.  DEVELOPMENT CORPORATION POWERS. The
  district, using money available to 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 under that
  chapter.
         Sec. 3910.104.  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 to be a local
  government corporation created under Subchapter D, 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 Subchapter D,
  Chapter 431, Transportation Code, except that a board member is not
  required to reside in the district.
         Sec. 3910.105.  AGREEMENTS; GRANTS. (a) As provided by
  Chapter 375, Local Government Code, 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. 3910.106.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with a qualified party,
  including the county or the city, to provide law enforcement
  services in the district for a fee.
         Sec. 3910.107.  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. 3910.108.  ECONOMIC DEVELOPMENT. (a) The district may
  engage in activities that accomplish the economic development
  purposes of the district.
         (b)  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.
         (c)  The district may create economic development programs
  and exercise the economic development powers provided to
  municipalities by:
               (1)  Chapter 380, Local Government Code; and
               (2)  Subchapter A, Chapter 1509, Government Code.
         Sec. 3910.109.  PARKING FACILITIES. (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 lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets and related appurtenances.
         (b)  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.
         (c)  The district's parking facilities are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (d)  The development and operation of the district's parking
  facilities may be considered an economic development program.
         Sec. 3910.110.  ANNEXATION OF LAND. The district may annex
  land as provided by Subchapter J, Chapter 49, Water Code.
         Sec. 3910.111.  NAVIGATION DISTRICT POWERS. (a) The
  district has the powers provided by the general law of this state
  applicable to navigation districts created under Section 59,
  Article XVI, Texas Constitution, including Chapters 60 and 62,
  Water Code.
         (b)  The district may purchase, construct, acquire, own,
  operate, maintain, improve, or extend, inside and outside the
  district, a canal, waterway, bulkhead, dock, or other improvement
  or facility necessary or convenient to accomplish the navigation
  purposes of the district.
         Sec. 3910.112.  APPROVAL BY CITY.  (a)  Except as provided by
  Subsection (c), the district must obtain the approval of the city
  for:
               (1)  the issuance of bonds;
               (2)  the plans and specifications of an improvement
  project financed by bonds; and
               (3)  the plans and specifications of 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 district may not issue bonds until the governing
  body of the city adopts a resolution or ordinance authorizing the
  issuance of the bonds.
         (c)  If the district obtains the approval of the city's
  governing body of a capital improvements budget for a period not to
  exceed 10 years, the district may finance the capital improvements
  and issue bonds specified in the budget without further approval
  from the city.
         (d)  The governing body of the city:
               (1)  is not required to adopt a resolution or ordinance
  to approve plans and specifications described by Subsection (a);
  and
               (2)  may establish an administrative process to approve
  plans and specifications described by Subsection (a) without the
  involvement of the governing body.
         Sec. 3910.113.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3910.151.  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 district money.
         Sec. 3910.152.  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. 3910.153.  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 the county.
         Sec. 3910.154.  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. 3910.155.  RESIDENTIAL PROPERTY NOT EXEMPT. Section
  375.161, Local Government Code, does not apply to a tax authorized
  or approved by the voters of the district or a required payment for
  a service provided by the district, including water and sewer
  services.
         Sec. 3910.156.  TAX AND ASSESSMENT ABATEMENTS. The district
  may designate reinvestment zones and may grant abatements of
  district taxes or assessments on property in the zones.
  SUBCHAPTER E. TAXES AND BONDS
         Sec. 3910.201.  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 3910.203.
         (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 that
  may be acquired by a district by the issuance of its bonds may be
  submitted as a single proposition or as several propositions to be
  voted on at the election.
         Sec. 3910.202.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3910.201, the district may
  impose an 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. 3910.203.  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. 3910.204.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
  AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
  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,
  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 provided by Section 49.4645,
  Water Code, does not apply to the district.
         Sec. 3910.205.  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,
  for each year that 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. 3910.206.  CITY NOT REQUIRED TO PAY DISTRICT
  OBLIGATIONS. Except as provided by Section 375.263, Local
  Government Code, the city is not required to pay a bond, note, or
  other obligation of the district.
         SECTION 2.  The Harris County Improvement District No. 23
  initially includes all territory contained in the following area:
         TRACT 1
         Being a 102.136 acre (4,449,039 square feet) tract of land
  situated in the S.M. Harris Survey, Abstract No. 327, the Darius
  Gregg Survey, Abstract No. 283 and the Harris & Wilson Survey,
  Abstract No. 32, Harris County, Texas, being a portion of a called
  104.25 acre tract described as Tract 1, Exhibit F and a portion of
  Tract 5, Exhibit F, both described in a special warranty deed dated
  January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE
  SERVICES, INC. as recorded under File No. M938947 of the Harris
  County Official Public Records of Real Property (H.C.O.P.R.R.P.),
  being all of a called 2.736 acre tract conveyed in a special
  warranty deed dated May 24, 2004 from KELLOGG BROWN & ROOT, INC. to
  KBR TECHNICAL SERVICES, INC. as recorded under File No. X640714 of
  said H.C.O.P.R.R.P. and being all of a called 0.0784 acre tract
  conveyed in warranty deed dated June 21, 1990 from ADAMS RESOURCES &
  ENERGY, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as recorded
  under File No. M691219 of said H.C.O.P.R.R.P., said 102.136 acre
  tract being all of Blocks 50, 51 and 60 of the L.B. Swiney's
  Addition, a subdivision of record according to the map or plat
  thereof recorded under Volume 6, Page 610 of the Harris County Deed
  Records (H.C.D.R.), being all of Blocks 4 and 25 of the Cage
  Addition, a subdivision of record according to the map or plat
  thereof recorded under Volume 43, Page 385 of said H.C.D.R. and
  being a portion of Lots 1 through 8, Block 4 of the William A. Wilson
  Company Subdivision, a subdivision of record according to the map
  or plat thereof recorded under Volume 317, Page 298 of said
  H.C.D.R., said 102.136 acre tract being more particularly described
  by metes and bounds as follows with all bearings referenced to the
  Texas State Plane Coordinate System of 1983 (1993 Adjustment),
  South Central Zone. All coordinates and distances shown herein are
  surface values and may be converted to grid by multiplying by a
  combined scale factor of 0.999889585;
         BEGINNING at a 5/8-inch iron rod (N = 13,845,069.64, East =
  3,131,004.78) found at the point of intersection of the southerly
  right-of-way line of Richardson Drive (40' wide) with the easterly
  right-of way line of Grove Street (60' wide) for the northwest
  corner of Block 50 of said L.B. Swiney's Addition and being the most
  westerly northwest corner of said 104.25 acre tract;
         THENCE, North 87°03'43" East, along the southerly
  right-of-way line of Richardson Drive, a distance of 275.58 feet to
  a PK nail found for corner at the intersection of the easterly
  projection of the southerly right-of-way line of Richardson Drive
  with the southerly projection of the easterly right-of-way line of
  Gregg Street for an angle point in said 104.25 acre tract;
         THENCE, North 02°36'08" West, along the projected easterly
  right-of-way line of Gregg Street, passing at a distance of 31.07
  feet, the southwest corner of Block 4 of said Cage Addition, same
  being an angle point in said 104.25 acre tract, and continuing along
  the easterly right-of-way line of Gregg Street and the westerly
  line of said Block 4 for a total distance of 231.07 feet to a 5/8-
  inch iron rod with plastic cap stamped "SURVCON INC." set in the
  southerly right-of-way line of Clinton Drive (width varies) for the
  northwest corner of said Block 4;
         THENCE, along the southerly right-of-way line of Clinton
  Drive, the following courses:
               North 87°23'52" East, a distance of 540.00 feet to an "X"
  in concrete found in the westerly right-of-way line of Bringhurst
  Street (40' wide) for angle point and being the northeast corner of
  Block 25 of said Cage Addition;
               North 74°45'40" East, a distance of 51.25 feet to a
  5/8-inch iron rod with plastic cap stamped "SURVCON INC." set in the
  easterly right-of-way line of Bringhurst Street for the beginning
  of a non-tangent curve to the left;
               An arc distance of 228.80 feet, along said curve to the
  left, having a radius of 340.40 feet, a delta angle of 38°30'38" and
  a chord bearing and distance of North 61°04'34" East, 224.51 feet to
  a 5/8-inch iron rod found for a point of tangency;
               North 41°49'15" East, a distance of 12.60 feet to a
  5/8-inch iron rod found for corner;
               South 87°24'15" West, a distance of 11.40 feet to a
  5/8-inch iron rod found for corner;
               North 41°49'15" East, a distance of 31.00 feet a point
  for the beginning of a non-tangent curve to the right, from which a
  found 5/8-inch iron rod bears North 60°15' East, 0.33 feet;
               An arc distance of 170.31 feet, along said curve to the
  right, having a radius of 272.90 feet, a delta angle of 35°45'21" and
  a chord bearing and distance of North 59°41'56" East, 167.56 feet to
  an "X" in concrete found for the end of said curve to the right;
               North 87°24'15" East, passing at a distance of 1,133.91
  feet, a 5/8-inch iron rod found for the northwest corner of said
  2.736 acre tract, continuing and passing at a distance of 1,193.91
  feet, a 5/8-inch iron rod found for the northeast corner of said
  2.736 acre tract, and continuing for a total distance of 1,293.20
  feet to a 5/8-inch iron rod found for the most northerly northeast
  corner of said 104.25 acre tract;
               South 02°51'30" East, a distance of 10.55 feet to a
  5/8-inch iron rod found for angle point;
               North 87°08'30" East, passing at a distance of 80.00
  feet, the northwest corner of said 0.0784 acre tract, and
  continuing for a total distance of 228.00 feet to a 5/8-inch iron
  rod found for a cutback corner, same being the most northerly
  northeast corner of said 0.0784 acre tract;
         THENCE, South 47°51'30" East, along a cutback line, a distance
  of 21.21 feet to a 5/8-inch iron rod with plastic cap stamped
  "SURVCON INC." set for corner in the westerly right-of-way line of
  Hirsch Street (100 feet wide), same being the most easterly
  northeast corner of said 0.0784 acre tract;
         THENCE, South 02°51'30" East, along said westerly
  right-of-way line of Hirsch Street and the easterly line of said
  0.0784 acre tract, passing at a distance of 179.15 feet, a 1/2-inch
  iron rod found for the southeast corner of said 0.0784 acre tract
  and the most easterly northeast corner of said 104.25 acre tract,
  continuing along said westerly right-of-way line of Hirsch Street
  and the easterly line of said 104.25 acre tract, passing at a
  distance of 660.00 feet, a 5/8-inch iron rod found for an angle
  point in said 104.25 acre tract, same being the northwest corner of
  a called 0.2865 acre roadway easement conveyed to the City of
  Houston and described as Tract 4 in deed recorded in Volume 3468,
  Page 487 of said H.C.D.R., and continuing along the westerly
  right-of-way easement line of Hirsch Street, for a total distance
  of 818.07 feet to a point for the beginning of a tangent curve to the
  right;
         THENCE, an arc distance of 1,095.02 feet, continuing along
  said westerly right-of-way easement line of Hirsch Street and along
  said curve to the right, having a radius of 1,587.02 feet, a delta
  angle of 39°32'00" and a chord bearing and distance of South
  16°54'30" West, 1,073.43 feet to 3/4-inch iron rod found for the
  point of tangency;
         THENCE, South 36°40'30" West, continuing along said westerly
  right-of-way easement line of Hirsch Street, a distance of 85.13
  feet to a point in the northerly line of Buffalo Bayou and the
  southerly line of said 104.25 acre tract;
         THENCE, along the meanders of the northerly line of Buffalo
  Bayou and along the southerly line of said 104.25 acre tract, the
  following courses:
               North 81°21'02" West, a distance of 294.22 feet to a
  point for corner;
               South 81°17'51" West, a distance of 92.69 feet to a point
  for corner;
               South 71°46'20" West, a distance of 87.60 feet to a point
  for corner;
               South 56°00'12" West, a distance of 139.78 feet to a
  point for corner;
               South 42°22'06" West, a distance of 530.18 feet to a
  point for corner;
               South 86°47'52" West, a distance of 13.79 feet to a point
  for corner;
               South 43°55'05" West, a distance of 65.25 feet to a point
  for corner;
               South 74°12'42" West, a distance of 73.39 feet to a point
  for corner;
               South 80°29'10" West, a distance of 95.12 feet to a point
  for corner;
               North 62°25'33" West, a distance of 84.80 feet to a point
  for corner;
               North 23°26'39" West, a distance of 96.22 feet to a point
  for corner;
               North 48°58'41" West, a distance of 75.07 feet to a point
  for corner;
               North 22°52'13" West, a distance of 70.85 feet to a point
  for corner;
               North 00°23'51" East, a distance of 570.94 feet to a
  point for the most southerly corner of said 2.736 acre tract;
               North 00°03'45" East, along the westerly line of said
  2.736 acre tract, a distance of 60.38 feet to an angle point in the
  northwesterly line of said 2.736 acre tract;
               North 17°43'38" West, a distance of 86.97 feet to a point
  for corner;
               North 35°56'28" West, a distance of 143.97 feet to a
  point for corner;
               North 61°18'39" West, a distance of 144.29 feet to a
  point for corner;
               North 83°06'56" West, a distance of 306.10 feet to a
  point for corner;
               South 88°11'58" West, a distance of 152.95 feet to a
  point for corner;
               North 89°23'55" West, a distance of 158.35 feet to a
  point for corner;
               North 81°40'26" West, a distance of 86.39 feet to a point
  for corner;
               North 79°43'08" West, a distance of 97.41 feet to a point
  in said easterly right-of-way line of Grove Street for the
  southwest corner of said 104.25 acre tract;
         THENCE, North 02°56'17" West, along said easterly
  right-of-way line of Grove Street and the westerly line of said
  104.25 acre tract, passing at a distance of 65.05 feet, a found
  5/8-inch iron rod, and continuing for a total distance of 705.08
  feet to the POINT OF BEGINNING, containing a computed area of
  102.136 acres (4,449,039 square feet) of land. Said 102.136 acre
  tract being subject to portions of three (3) existing roadways
  defined as follows: 1.) a 0.542 acre (23,589 square feet) tract
  within the right-of-way of Richardson Drive between the easterly
  right- of-way line of Gregg Street and the easterly right-of-way
  line of Bringhurst Street, 2.) a 0.184 acre (7,997 square feet)
  tract within the right-of-way of Cage Street between the southerly
  right- of-way line of Clinton Drive and the northerly right-of-way
  line of Richardson Drive and 3.) a 0.236 acre (10,280 square feet)
  tract within the right-of-way of Bringhurst Street between the
  southerly right-of-way line of Clinton Drive and the northerly
  right-of-way line of Richardson Drive.
         TRACT 2
         Being a 4.059 acre (176,821 square feet) tract of land
  situated in the Darius Gregg Survey, Abstract No. 283 and the Harris &
  Wilson Survey, Abstract No. 32, Harris County, Texas, being a
  portion of a called 104.25 acre tract described as Tract 1 of
  Exhibit F in a special warranty deed dated January 2, 1990 from
  BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as
  recorded under File No. M938947 of the Harris County Official
  Public Records of Real Property (H.C.O.P.R.R.P.), said 4.059 acre
  tract being more particularly described by metes and bounds as
  follows with all bearings referenced to the Texas State Plane
  Coordinate System of 1983 (1993 Adjustment), South Central Zone.
  All coordinates and distances shown herein are surface values and
  may be converted to grid by multiplying by a combined scale factor
  of 0.999889585:
         BEGINNING at a 5/8-inch iron rod (N = 13,844,963.67, East =
  3,133,786.01) found in the existing westerly right-of-way line of
  Hirsch Street (width varies) for an angle point in the easterly line
  of said 104.25 acre tract, same being the northwest corner of a
  called 0.2865 acre roadway easement conveyed to the City of Houston
  and described as Tract 4 in deed recorded in Volume 3468, Page 487
  of the Harris County Deed Records (H.C.D.R.);
         THENCE, North 87°42'30" East, along the easterly line of said
  104.25 acre tract and along the northerly line of said 0.2865 acre
  roadway easement, a distance of 41.88 feet to an "X" in concrete
  found for an angle point in the easterly line of said 104.25 acre
  tract and the northeast corner of said 0.2865 acre roadway
  easement;
         THENCE, South 02°17'32" East, along the easterly line of said
  104.25 acre tract, a distance of 1,163.73 feet to a point in the
  northerly line of Buffalo Bayou;
         THENCE, along the meanders of the northerly line of Buffalo
  Bayou and along the southerly line of said 104.25 acre tract, the
  following courses:
               South 40°14'22" West, a distance of 42.90 feet to a point
  for corner;
               South 75°00'39" West, a distance of 50.16 feet to a point
  for corner;
               South 84°00'51" West, a distance of 77.13 feet to a point
  for corner;
               South 83°31'17" West, a distance of 214.24 feet to a
  point for corner;
               South 74°08'41" West, a distance of 61.85 feet to a point
  for corner;
               North 81°21'02" West, a distance of 18.52 feet to a point
  for the southwest corner of a called 1,595 square foot roadway
  easement conveyed to the City of Houston and described as Tract 1 in
  deed recorded in Volume 3468, Page 487 of said H.C.D.R.;
         THENCE, North 36°40'30" East, along the westerly right-of-way
  easement line of Hirsch Street, a distance of 85.13 feet to a
  3/4-inch iron rod found for the beginning of a tangent curve to the
  left;
         THENCE, an arc distance of 1,095.02 feet, continuing along
  the westerly right-of-way easement line of Hirsch Street and along
  said curve to the left, having a radius of 1,587.02 feet, a delta
  angle of 39°32'00" and a chord bearing and distance of North
  16°54'30" East, 1,073.43 feet to the point of tangency;
         THENCE, North 02°51'30" West, continuing along the westerly
  right-of-way easement line of Hirsch Street, a distance of 158.07
  feet to the POINT OF BEGINNING, containing a computed area of 4.059
  acres (176,821 square feet) of land. Said 4.059 acre tract being
  subject to an existing roadway easement defined as follows: a 2.392
  acre (104,206 square feet) tract within the right-of-way easement
  of Hirsch Street along the westerly line of said 4.059 acre tract.
         TRACT 3
         Being a 24.983 acre (1,088,253 square feet) tract of land
  situated in the S.M. Harris Survey, Abstract No. 327, Harris
  County, Texas, and being all of a called 24.92 acre tract described
  as Tract 2 of Exhibit F in a special warranty deed dated January 2,
  1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES,
  INC. as recorded under File No. M938947 of the Harris County
  Official Public Records of Real Property (H.C.O.P.R.R.P.), same
  being all of Blocks 43, 44, 45 46, 47, 48, 53, 54, 55, 56, 57 and 58
  of the L.B. Swiney's Addition, a subdivision of record according to
  the map or plat thereof recorded under Volume 6, Page 610 of the
  Harris County Deed Records (H.C.D.R.), said Blocks 43, 44 and 45
  also being defined in the Swiney Addition, a subdivision of record
  according to the map or plat thereof recorded under Volume 1A, Page
  65 of the Harris County Map Records (H.C.M.R.), and being all of
  Blocks 16, 17, 18, 21 and Tract C of the Barnes & Wetmore Addition, a
  subdivision of record according to the map or plat thereof recorded
  under Volume 37, Page 77 of said H.C.M.R., and being all of Lots 1,
  2, 3, 4, 7, 8, 9, 10 and 11 and a portion of Lot 6 of Block 19, all of
  Lots 1, 2, 3, 4, 12, 13 and 14 and a portion of Lots 5 and 10 of Block
  20 and a portion of Tract B, all of said Barnes & Wetmore Addition,
  and being a portion of the abandoned public streets by City of
  Houston Ordinance No.(s) 2601, 2988 and 2986, as recorded in Volume
  1779, Page 159, Volume 1825, Page 235 and Volume 3218, Page 132,
  respectively, all of said H.C.D.R., said 24.983 acre tract being
  more particularly described by metes and bounds as follows with all
  bearings referenced to the Texas State Plane Coordinate System of
  1983 (1993 Adjustment), South Central Zone. All coordinates and
  distances shown herein are surface values and may be converted to
  grid by multiplying by a combined scale factor of 0.999889585:
         BEGINNING at a 5/8-inch iron rod (N = 13,845,290.36, East =
  3,130,622.97) found at the point of intersection of the southerly
  right-of-way line of Clinton Drive (width varies) with the westerly
  right-of way line of Bayou Street (60' wide) for the common
  northeast corner of said 24.92 acre tract and Lot 1, Block 43 of
  said L.B. Swiney's Addition;
         THENCE, South 02°56'17" East, along the westerly right-of-way
  line of Bayou Street and the easterly line of said 24.92 acre tract,
  passing at a distance of 750.00 feet, a found 5/8-iron rod, and
  continuing for a total distance of 811.60 feet to a point in the
  northerly line of Buffalo Bayou for the common southeast corner of
  said 24.92 acre tract and said Block 58;
         THENCE, along the meanders of the northerly line of Buffalo
  Bayou and along the southerly line of said 24.92 acre tract, the
  following courses:
               North 84°59'39" West, a distance of 126.92 feet to a
  point for corner;
               South 85°43'56" West, a distance of 185.30 feet to a
  point for corner;
               South 72°56'47" West, a distance of 78.42 feet to a point
  for corner;
               South 56°53'10" West, a distance of 405.98 feet to a
  point for corner;
               South 60°22'55" West, a distance of 78.78 feet to a point
  for corner;
               South 72°14'30" West, a distance of 84.28 feet to a point
  for corner;
               South 84°58'16" West, a distance of 63.45 feet to a point
  for corner;
               North 87°53'15" West, a distance of 129.94 feet to a
  point for the southwest corner of said 24.92 acre tract;
         THENCE, along the westerly line of said 24.92 acre tract, the
  following courses:
               North 06°46'38" West, a distance of 263.23 feet to a
  point for corner, from which a found 5/8-inch iron rod bears South
  73°45' West, 0.30 feet;
               North 12°46'38" West, a distance of 185.40 feet to a
  point for corner, from which a found 5/8-inch iron rod bears South
  88°16' East, 0.33 feet;
               North 22°58'38" West, a distance of 192.60 feet to a
  point for corner, from which a found 5/8-inch iron rod bears South
  00°00' West, 0.21 feet;
               North 15°42'38" West, a distance of 131.20 feet to a
  point for corner, from which a found 5/8-inch iron rod bears South
  44°08' East, 0.23 feet;
               North 05°54'38" West, a distance of 286.20 feet to a 60d
  nail found for corner;
               North 02°42'02" East, a distance of 29.48 feet to a point
  for corner in the southerly right-of-way line of Clinton Drive for
  the northwest corner of said 24.92 acre tract, from which a found
  5/8-inch iron rod bears South 83°37' East, 0.20 feet;
         THENCE, North 87°03'43" East, along the southerly
  right-of-way line of Clinton Drive, a distance of 1,238.93 feet to
  the POINT OF BEGINNING, containing a computed area of 24.983 acres
  (1,088,253 square feet) of land. Said 24.983 acre tract being
  subject to portions of three (3) existing roadways defined as
  follows: 1.) a 0.753 acre (32,800 square feet) tract within the
  right- of-way of Richardson Drive between the westerly right-of-way
  line of Bayou Street and a line 200 feet west of the westerly
  right-of-way line of Meadow Street, 2.) a 0.275 acre (12,000 square
  feet) tract within the right-of-way of Meadow Street between the
  southerly right-of-way line of Clinton Drive and the northerly
  right-of-way line of Richardson Drive and 3.) a 0.275 acre (12,000
  square feet) tract within the right-of-way of Sydnor Street between
  the southerly right-of-way line of Clinton Drive and the northerly
  right-of-way line of Richardson Drive.
         TRACTS 4-7
         Being 4.592 acres (200,000 square feet) of land situated in
  the S. M. Harris Survey, Abstract No. 327 and being out of the L.B.
  Swiney's Addition, a subdivision of record according to the map or
  plat thereof recorded under Volume 6, Page 610 of the Harris County
  Deed Records (H.C.D.R.). Said 4.592 acre tract being comprised of
  four (4) tracts defined as follows:
               TRACT 4
         A 1.148 acre (50,000 square feet) tract of land, being all of
  Lots 1 through 10, Block 52 of said L.B. Swiney's Addition, being a
  portion of Tracts 4 and 5 of Exhibit F as described in deed dated
  January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE
  SERVICES, INC. as recorded under File No. M938947 of the Harris
  County Official Public Records of Real Property (H.C.O.P.R.R.P.).
               TRACT 5
         A 1.148 acre (50,000 square feet) tract of land, being all of
  Lots 1 through 10, Block 49 of said L.B. Swiney's Addition and
  described as follows: All of Lots 1 through 7 and Lot 10, Block 49,
  being a portion of Tract 4 of Exhibit F as described in said deed
  recorded under File No. M938947 of said H.C.O.P.R.R.P.; and all of
  Lots 8 and 9, Block 49 described as a called 10,000 square foot
  tract of land addressed in a May 22, 1996 motion under City of
  Houston Ordinance 96-456 as recorded under File No. S023877 of said
  H.C.O.P.R.R.P., said 10,000 square foot tract of land being
  conveyed in a special warranty deed dated July 18, 1996 from the
  City of Houston to BROWN & ROOT CORPORATE SERVICES, INC. as recorded
  under File No. S023876 of said H.C.O.P.R.R.P.
               TRACT 6
         A 1.148 acre (50,000 square feet) tract of land, being all of
  Lots 1 through 10, Block 42 of said L.B. Swiney's Addition, being
  all of Tracts 7, 10, 11 and 13 and a portion of Tract 5 of Exhibit F
  as described in said deed recorded under File No. M938947 of said
  H.C.O.P.R.R.P.
               TRACT 7
         A 1.148 acre (50,000 square feet) tract of land, being all of
  Lots 1 through 10, Block 41 of said L.B. Swiney's Addition, being
  all of Tracts 6, 8, 9, 12 and 14 and a portion of Tract 5 of Exhibit F
  as described in said deed recorded under File No. M938947 of said
  H.C.O.P.R.R.P.
         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, 2013.