84R10341 JXC-F

By: Ellis S.B. No. 1691

A BILL TO BE ENTITLED

AN ACT

relating to the territory included in, the composition of the board of directors of, and the method of assessment of the Harris County Improvement District No. 10 and to clarifying the law to reflect the prior division of the district.

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

SECTION 1. The heading to Chapter 3860, Special District Local Laws Code, is amended to read as follows:

CHAPTER 3860. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 10 AND FIVE

CORNERS IMPROVEMENT DISTRICT

SECTION 2. Section 3860.001(2), Special District Local Laws Code, is amended to read as follows:

(2) "District" means the Harris County Improvement District No. 10 or the Five Corners Improvement District, as appropriate.

SECTION 3. Section 3860.111, Special District Local Laws Code, is amended to read as follows:

Sec. 3860.111. DIVISION OF DISTRICT. (a) As provided by Chapter 968, Acts of the 80th Legislature, Regular Session, 2007, and Chapter 1091, Acts of the 81st Legislature, Regular Session, 2009, the district was divided into the Harris County Improvement District No. 10 and the Five Corners Improvement District [The district shall be divided into two districts only if the district is not imposing ad valorem taxes].

(b) The Harris County Improvement District No. 10 [Not later than the 60th day after the effective date of the Act creating this chapter, the board shall adopt an order dividing the district into two districts. The original district] includes all district territory not included in the Five Corners Improvement District [new district].

(c) The Five Corners Improvement District [new district] includes:

(1) all the territory included in state representative district 131 on the date the order of division was [is] effective;

(2) territory added to the district by Chapter 1091, Acts of the 81st Legislature, Regular Session, 2009; and

(3) any territory added by other law. [Neither district may request consent to its creation from the City of Houston until the order dividing the district is adopted.]

(d) Notwithstanding Section 3860.051(a), [(c) After the division of the district:

[(1)] the Harris County Improvement District No. 10 [original district] is governed by a board of nine [seven] voting directors [consisting of the directors appointed to positions 8 through 14;] and

[(2)] the Five Corners Improvement District [new district] is governed by a board of nine [seven] voting directors [consisting of the directors appointed to positions one through seven of the original district].

[(d) An order dividing the district must:

[(1) name the new district;

[(2) describe the boundaries of the new district;

[(3) name the initial directors of the new district; and

[(4) divide the assets and liabilities in any manner between the new district and the original district.]

(e) [Not later than the 10th day after the date the board adopts the order, the district shall file the order with the Texas Commission on Environmental Quality and record the order in the real property records of Harris County.

[(f)] The Harris County Improvement District No. 10 and the Five Corners Improvement District have [new district has] all the powers and duties of the district created by Chapter 968, Acts of the 80th Legislature, Regular Session, 2007, and any applicable subsequently enacted law.

SECTION 4. Chapter 3860, Special District Local Laws Code, is amended by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. FINANCIAL PROVISIONS FOR HARRIS COUNTY

IMPROVEMENT DISTRICT NO. 10

Sec. 3860.221. APPLICABILITY. This subchapter applies to the Harris County Improvement District No. 10. This subchapter does not apply to the Five Corners Improvement District.

Sec. 3860.222. 10-YEAR PLAN. (a) If the board adopts an order under Section 375.116, Local Government Code, before January 1, 2017, that grants a petition for improvement projects or services financed through a 10-year assessment period, the board shall create a 10-year plan for the management of the project or service and assessments.

(b) The board shall include in an order that levies assessments described by Subsection (a):

(1) the amount of annual installments during the 10-year assessment period; and

(2) penalties and interest the district may collect on delinquent assessments.

Sec. 3860.223. ASSESSMENT DISTRIBUTION. To provide sufficient funds for projects and programs dedicated to public improvements in preparation for the 2017 Super Bowl, a 10-year plan adopted under Section 3860.222 must provide that:

(1) of the levy from the first 5 years of the 10-year assessment period:

(A) 60 percent shall be apportioned to fund services and improvements in the territory added to the Harris County Improvement District No. 10 after March 1, 2015; and

(B) 40 percent shall be apportioned to fund services and improvements in the territory of the Harris County Improvement District No. 10 that existed on March 1, 2015; and

(2) of the levy from the last 5 years of the 10-year assessment period:

(A) 60 percent shall be apportioned to fund services and improvements in the territory of the Harris County Improvement District No. 10 that existed on March 1, 2015; and

(B) 40 percent shall be apportioned to fund services and improvements in the territory added to the Harris County Improvement District No. 10 after March 1, 2015.

SECTION 5. (a) The change in law made to Section 3860.111(d)(2), Special District Local Laws Code, by this Act conforms the law relating to the number of directors serving on the board of the Five Corners Improvement District to reflect the number of directors serving on the effective date of this Act. This Act does not otherwise affect that board.

(b) The terms of the members of the board of the Harris County Improvement District No. 10 serving on the effective date of this Act who were appointed under Chapter 3860, Special District Local Laws Code, before the effective date of this Act expire on the effective date of this Act. On the effective date of this Act, the board of directors of the Harris County Improvement District No. 10 is composed of the following directors:

(1) ______________

(2) ______________

(3) ______________

(4) ______________

(5) ______________

(6) ______________

(7) ______________

(8) ______________

(9) ______________

(c) The terms of the directors in positions (b)(2), (4), (6), and (8) of this section expire June 1, 2017.

(d) The terms of the directors in positions (b)(1), (3), (5), (7), and (9) of this section expire June 1, 2019.

(e) The mayor and members of the governing body of the City of Houston shall appoint successor directors as provided by Section 375.064, Local Government Code, and Section 3860.052, Special District Local Laws Code.

SECTION 6. The following territory totaling approximately 2,194 acres in Harris County is added to the territory of the Harris County Improvement District No. 10:

Tract 1 - BEGINNING at a point where the south right of way of El Paseo Street and east right of way of Cambridge Street intersect then south southwest along the east right of way of Cambridge Street to north right of way of Holly Hall Street;

THENCE, east along the north right of way of Holly Hall Street to the right of way centerline of FM 521/Almeda Road;

THENCE, south southwest along the right of way centerline of FM 521/Almeda Road to northwest corner of Harris County Improvement District (HCID) No. 10 A;

THENCE, south southwest along the west boundary of HCID No. 10 A and the right of way centerline of FM 521/Almeda Road to south right of way of Holmes Road;

THENCE, west southwest along south right of way of Holmes Road to a point due south of southeast corner of Harris County Improvement District No. 12 (HCID 12), and southeast corner of 4.5 acre tract (ABST 179 BBB&C RR CO MARTYRS M B U/R TRS 13 14 17 & 18 & S 1/2 OF TR 21 (4.5 AC));

THENCE, north across right of way of Holmes Road and along east boundary of HCID 12 to southeast corner of said 4.5 acre tract;

THENCE, west along south boundary of said 4.5 acre tract, and coincident boundary line of HCID 12 to southeast corner of said tract;

THENCE, north along west boundary of said 4.5 tract, and coincident boundary line of HCID 12 to northwest corner of said tract;

THENCE, east along north boundary of said 4.5 tract, and coincident boundary line of HCID 12 to west boundary of approximate 6.1 acre tract (ABST 179 BBB&C RR CO MARTYRS M B U/R TRS 20 & 23 THRU 27);

THENCE, south along west boundary of said 6.1 acre tract, and coincident boundary line of HCID 12 to southwest corner of said tract and coincident northwest corner of 0.8321 acre tract (ABST 179 BBB&C RR CO MARTYRS M B U/R N 100 FT OF TR 19);

THENCE, east along north boundary of said 0.8321 acre tract, and coincident boundary line of HCID 12 to northeast corner of said tract and coincident west boundary of 25 acre tract (ABST 179 BBB&C RR CO ARMSTRONG W E BLKS 2 & 3 TRS A B C1 OF RES G);

THENCE, north along west boundary of said 25 acre tract, and coincident boundary line of HCID 12 to northwest corner of said parcel;

THENCE, east along north boundary of said 25 acre tract, and coincident boundary line of HCID 12 to a point south of southwest corner of Bedford Falls Development (BEDFORD FALLS AMEND);

THENCE, north along coincident boundary line of HCID 12 and across right of way of Grand Fountains Drive, to southwest corner of Bedford Falls Development (BEDFORD FALLS AMEND);

THENCE, east along south boundary of Bedford Falls Development (BEDFORD FALLS AMEND) to west right of way of Lakes at 610 Drive;

THENCE, generally north along west right of way of Lakes at 610 Drive to southeast corner of 7.0721 acre tract (LAKES AT 610 SEC 2 RES E);

THENCE, west along south boundary of 7.0721 acre tract to southwest corner of said tract;

THENCE, north along west boundary of said 7.0721 acre tract to south ROW of W. Bellfort Street;

THENCE, generally west along south right of way of West Bellfort Street to east right of way of South Main Street/US 90 Hwy;

THENCE, southwest along east right of way of South Main Street/US 90 Hwy. to north corner of 0.2167 acre tract (MAINVIEW 14 BLK 4 TRS 1 & 14B ADJ 15X79 FT OF LT);

THENCE, southeast along east boundary of said 0.2167 acre tract to east corner of said tract;

THENCE, southwest along south boundary of said 0.2167 acre tract, and 0.1123 acre tract (MAINVIEW TRS 2 & 14A BLK 4) to south corner of said 0.1123 acre tract and coincident north corner of 0.4131 acre tract (MAINVIEW TRS 11A 12 13 13C & 14D BLK 4);

THENCE, southeast along east boundary of said 0.4131 acre tract to east corner of said tract;

THENCE, southwest along south boundary of said 0.4131 acre tract, and 1.3895 acre tract (MAINVIEW BLK 4 LTS 5 6 8 9 & 10 & TRS 7B & 11) to west right of way of Clearview Street;

THENCE, northwest along west right of way of Clearview Street to east right of way of South Main Street/US 90 Hwy;

THENCE, southwest along east right of way of South Main Street/US 90 Hwy. to northeast corner of 6.6694 acre tract (ABST 173 BBB&CRR CO TRS 19 & 20);

THENCE, south along east boundary of said 6.6694 acre tract to southeast corner of said tract;

THENCE, northeast along north ROW/easement of Old Main Street Loop Rd. to a point north of 6.6537 acre parcel (R HASSELL PROPERTIES RES A1 BLK 1);

THENCE, south across right of way/easement of Old Main Street Loop Road and along east boundary of said 6.6537 acre parcel, and coincident boundary line of HCID 12 to right of way centerline of Willowbend Boulevard;

THENCE, generally west along right of way centerline of Willowbend Boulevard to west right of way of Stella Link Road;

THENCE, north along west right of way of Stella Link Road to north right of way of Woodfin Street;

THENCE, east along north right of way of Woodfin Street to right of way centerline of Stella Link Road;

THENCE, north along right of way centerline of Stella Link Road to right of way centerline of Interstate 610 (So. Loop Fwy. W.);

THENCE, generally east along right of way centerline of Interstate 610 (So. Loop Fwy. W.) to right of way centerline of South Main Street;

THENCE, northeast along right of way centerline of South Main Street to south bank of Brays Bayou;

THENCE, east and northeast along south bank of Brays Bayou to right of way centerline of Fannin Street and coincident boundary of Greater Southeast Management District;

THENCE, south along right of way centerline of Fannin Street and coincident boundary of Greater Southeast Management District to south right of way of Old Spanish Trail/US 90 Alternate Hwy.;

THENCE, west southwest along south right of way of Old Spanish Trail/US 90A Hwy. to east right of way of Greenbriar Drive;

THENCE, south and east along east right of way of Greenbriar Drive and across Fannin Street to east right of way of Fannin Street and coincident northwest corner of 3.2334 acre parcel (HOMESTEAD VILLAGE-ASTRODOME RES A BLK 1);

THENCE, east along north boundary of said 3.2334 acre parcel and 3.6393 acre parcel (ASTRODOME OAKS SEC 1 R/P RES A) to west right of way of Knight Road and coincident boundary of Greater Southeast Management District;

THENCE, south along west right of way of Knight Road and coincident boundary of Greater Southeast Management District to south right of way of El Paseo Street;

THENCE, east along south right of way of El Paseo Street and coincident boundary of Greater Southeast Management District to east right of way of Cambridge Street to the POINT OF BEGINNING;

Save and Except Harris County Improvement District No. 8;

Save and Except RES A BLK 1 SAMUELS DODGE AT SOUTH LOOP W;

Save and Except TR 1L ABST 874 J WALTERS;

Save and Except RES A BLK 1 MIKE CALVERT TOYOTA;

Save and Except TR 30E & ABANDED ROW PARCEL 596-081 ABST 887 J HAMILTON;

Save and Except LOTS 1-24 BLK 1 BUFFALO SPEEDWAY;

Save and Except RES A, B & C BLK 1 BUFFALO SPEEDWAY;

Save and Except PERMANENT ACCESS ESMT BUFFALO SPEEDWAY BLK 1 BUFFALO SPEEDWAY;

Save and Except PT RES B BLK 1(POLLUTION CONTROL) (DETENTION POND) R & S PARK;

Save and Except PT RES B BLK 1(PC*1200210010003) R & S PARK;

Save and Except +/-9.7 acre tract located at southwest corner of intersection of Westridge Street and Hearth Drive with beginning point at south right of way of Westridge Street and west right of way of Hearth Dr.;

THENCE, south along west right of way of Hearth Drive to north right of way of South Bartell Drive;

THENCE, west along north right of way of South Bartell Drive to east right of way of West Bartell Drive;

THENCE, north along east right of way of West Bartell Drive to south right of way of Westridge Street;

THENCE, east along south right of way of Westridge Street to west right of way of Hearth Drive and the beginning point of +/- 9.7 acre tract;

Save and Except HEARTHWOOD CONDO SEC 1;

Save and Except BLDG 1-8 CITY PLAZA CONDO;

Save and Except BRAESWOOD PARK CONDO;

Save and Except THE BRAESWOOD CONDO;

Save and Except BRIAR GREEN CONDO PH 1-2;

Save and Except THE VALENCIA CONDO;

Save and Except LOTS 1-19 BLK 1 NAOMI PLACE SEC 2;

Save and Except LOTS 1-5 BLK 1 NAOMI PLACE SEC 3;

Save and Except LOTS 1-12 BLK 1 NAOMI PLACE;

Save and Except LOTS 1-5 BLK 1 NAOMI PLACE SEC 4 PAR RP AMEND;

Save and Except LOTS 1-7 BLK 1 NAOMI PLACE SEC 4 R/P AMEND;

Save and Except LOTS 1-12 BLK 2 NAOMI PLACE SEC 4 R/P AMEND;

Save and Except LOTS 1-12 BLK 1 NAOMI AVENUE PLACE;

Save and Except LOT 1 BLK 39 KNIGHTS MAIN STREET;

Save and Except LOTS 1 and 6 BLK 40 KNIGHTS MAIN STREET;

Save and Except TR 1 BLK 17 KNIGHTS MAIN STREET;

Save and Except BLDG A-E CHEZ CHARME/ELTON CONDO;

Save and Except BLDG A- E CHEZ CHARME/ALSACE CONDO;

Save and Except CONTEMPORARY PLAZA SEC 3;

Save and Except CONTEMPORARY PLAZA SEC 4;

Save and Except CONTEMPORARY PLAZA SEC 5;

Save and Except CONTEMPORARY PLAZA SEC 6;

Save and Except CONTEMPORARY PLAZA SEC 7 AMEND;

Save and Except CONTEMPORARY PLAZA SEC 8;

Save and Except CONTEMPORARY PLAZA SEC 8 & PAR R/P;

Save and Except CONTEMPORARY PLAZA T/H CONDO AMEND;

Save and Except BLK 1-6 CONTEMPORARY MAIN SEC 1;

Save and Except PERMANENT ACCESS ESMNTS CONTEMPORARY MAIN SEC 1;

Save and Except RES A BLK 1 (OPEN SPACE) CONTEMPORARY MAIN SEC 1;

Save and Except RES B BLK 2 (OPEN SPACE) CONTEMPORARY MAIN SEC 1;

Save and Except RES C BLK 3 (OPEN SPACE) CONTEMPORARY MAIN SEC 1;

Save and Except RES D BLK 4 (OPEN SPACE) CONTEMPORARY MAIN SEC 1;

Save and Except RES E BLK 5 (OPEN SPACE) CONTEMPORARY MAIN SEC 1;

Save and Except RES F BLK 6 (OPEN SPACE) CONTEMPORARY MAIN SEC 1;

Save and Except RES G BLK 6 CONTEMPORARY MAIN SEC 1;

Save and Except LT 1-6 BLK 1 CHEQUERS COURT;

Save and Except RES A BLK 1 (OPEN SPACE) CHEQUERS COURT;

Save and Except ROW-PRIVATE ACCESS CHEQUERS COURT;

Save and Except LT 1-12 BLK 1 KINGSGATE;

Save and Except RES A-E BLK 1 (OPEN SPACE) KINGSGATE;

Save and Except ROW-PRIVATE ACCESS EASEMENTS KINGSGATE;

Save and Except LT 1-12 BLK 1 CONTEMPORARY PLAZA SEC 1;

Save and Except RES A-D BLK 1 (OPEN SPACE) CONTEMPORARY PLAZA SEC 1;

Save and Except LT 1-9 BLK 2 CONTEMPORARY PLAZA SEC 1;

Save and Except RES A-D BLK 2 (OPEN SPACE) CONTEMPORARY PLAZA SEC 1;

Save and Except CONTEMPORARY PLAZA 2 AMEND 1;

Save and Except BLK 1 SILVERSTON PLAZA;

Save and Except CONTEMPORARY PLAZA SEC 9 R/P;

Save and Except ABST 645 P W ROSE TR 34.

SECTION 7. 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, 2015.