81(R) HB 4777 - Enrolled version

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	H.B. No. 4777




	AN ACT
	relating to the creation of the Harris County Improvement District
	No. 12; 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 3880 to read as follows:
	CHAPTER 3880. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 12
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 3880.001. DEFINITIONS. In this chapter:
	(1) "Board" means the district's board of directors.
	(2) "Director" means a board member.
	(3) "District" means the Harris County Improvement
	District No. 12.
	Sec. 3880.002. NATURE OF DISTRICT. The Harris County
	Improvement District No. 12 is a special district created under
	Section 59, Article XVI, Texas Constitution.
	Sec. 3880.003. 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 of Houston or Harris County from
	providing the level of services provided, as of the effective date
	of the Act enacting this chapter, to the area in the district. The
	district is created to supplement and not to supplant the city and
	county services provided in the area in the district.
	Sec. 3880.004. 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. 3880.005. 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. 3880.006. 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. 3880.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
	DISTRICTS LAW. Except as otherwise provided by this chapter,
	Chapter 375, Local Government Code, applies to the district.
	Sec. 3880.008. LIBERAL CONSTRUCTION OF CHAPTER. This
	chapter shall be liberally construed in conformity with the
	findings and purposes stated in this chapter.
	[Sections 3880.009-3880.050 reserved for expansion]
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 3880.051. 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, 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. 3880.052. APPOINTMENT OF DIRECTORS. The mayor and
	members of the governing body of the City of Houston shall appoint
	voting directors from persons recommended by the board. A person is
	appointed if a majority of the members of the governing body,
	including the mayor, vote to appoint the person.
	Sec. 3880.053. INITIAL VOTING DIRECTORS. (a) The initial
	board consists of the following voting directors:
	Pos. No. Name of Director
	1 Randy Robertson
	2 Steve Helm
	3 Stewart Masterson
	4 Kyle Sears
	5 Lisa Stone
	6 Brandon Dudley
	7 Billy Briscoe
	(b) Of the initial directors, the terms of directors
	appointed for positions 1 through 4 expire June 1, 2011, and the
	terms of directors appointed for positions 5 through 7 expire June
	1, 2013.
	(c) Section 3880.052 does not apply to this section.
	(d) This section expires September 1, 2014.
	Sec. 3880.054. NONVOTING DIRECTORS. The board may appoint
	nonvoting directors to serve at the pleasure of the voting
	directors.
	Sec. 3880.055. 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. 3880.056. 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 3880.057-3880.100 reserved for expansion]
	SUBCHAPTER C. POWERS AND DUTIES
	Sec. 3880.101. 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. 3880.102. 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. 3880.103. 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. 3880.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT
	SERVICES. To protect the public interest, the district may
	contract with a qualified person, including Harris County or the
	City of Houston, for the provision of law enforcement services in
	the district for a fee.
	Sec. 3880.105. APPROVAL BY THE CITY OF HOUSTON. (a) Except
	as provided by Subsection (c), the district must obtain the
	approval of the City of Houston for:
	(1) the issuance of bonds; and
	(2) 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 governing body of the City of Houston must provide
	the approval required by Subsection (a)(1) by adoption of a
	resolution or ordinance of the governing body of the City of
	Houston. The approval required by Subsection (a)(2) may be
	provided by an administrative process that does not involve the
	city's governing body.
	(c) If the district obtains the approval of the governing
	body of the City of Houston 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.
	Sec. 3880.106. 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. 3880.107. 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. 3880.108. NO EMINENT DOMAIN. The district may not
	exercise the power of eminent domain.
	Sec. 3880.109. ANNEXATION OR EXCLUSION OF LAND. (a) The
	district may annex land as provided by Subchapter J, Chapter 49,
	Water Code.
	(b) The district may exclude land as provided by Subchapter
	J, Chapter 49, Water Code. Section 375.044(b), Local Government
	Code, does not apply to the district.
	[Sections 3880.110-3880.150 reserved for expansion]
	SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PUBLIC PARKING FACILITIES
	Sec. 3880.151. 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. 3880.152. PARKING FACILITIES AUTHORIZED; OPERATION BY
	PRIVATE ENTITY. (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. 3880.153. RULES. The district may adopt rules
	governing the district's public parking facilities.
	Sec. 3880.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR 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 a 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 3880.155-3880.200 reserved for expansion]
	SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
	Sec. 3880.201. 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. 3880.202. 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. 3880.203. 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. 3880.204. 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 notice.
	Sec. 3880.205. 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. 3880.206. 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. 3880.207. RESIDENTIAL PROPERTY. Section 375.161,
	Local Government Code, does not apply to a tax imposed by the
	district or a requirement for payment of a service provided by the
	district.
	Sec. 3880.208. OPERATION AND MAINTENANCE TAX. (a) If
	authorized at an election held in accordance with Section 3880.212,
	the district may impose an annual operation and maintenance tax on
	taxable property in the district in accordance with Section 49.107,
	Water Code, for any district purpose, including to:
	(1) maintain and operate the district;
	(2) construct or acquire improvements; or
	(3) provide a service.
	(b) The board shall determine the tax rate. The rate may not
	exceed the rate approved at the election.
	(c) Section 49.107(h), Water Code, does not apply to the
	district.
	Sec. 3880.209. CONTRACT TAXES. (a) In accordance with
	Section 49.108, Water Code, the district may impose a tax other than
	an operation and maintenance tax and use the revenue derived from
	the tax to make payments under a contract after the provisions of
	the contract have been approved by a majority of the district voters
	voting at an election held for that purpose.
	(b) A contract approved by the district voters may contain a
	provision stating that the contract may be modified or amended by
	the board without further voter approval.
	Sec. 3880.210. AUTHORITY TO BORROW MONEY AND TO ISSUE
	BONDS. (a) The district may borrow money on terms and conditions
	as determined by the board. Section 375.205, Local Government
	Code, does not apply to a loan, line of credit, or other borrowing
	from a bank or financial institution secured by revenue other than
	ad valorem taxes.
	(b) The district may issue bonds, notes, or other
	obligations payable wholly or partly from ad valorem taxes,
	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. 3880.211. TAXES FOR BONDS. At the time the district
	issues bonds payable wholly or partly from ad valorem taxes, the
	board shall provide for the annual imposition of a continuing
	direct 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. 3880.212. ELECTIONS REGARDING TAXES AND BONDS. (a)
	The district may issue, without an election, bonds, notes, and
	other obligations secured by:
	(1) revenue other than ad valorem taxes; or
	(2) contract payments described by Section 3880.209.
	(b) The district must hold an election in the manner
	provided by Subchapter L, Chapter 375, Local Government Code, to
	obtain voter approval before the district may impose an ad valorem
	tax or 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 district 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. 3880.213. CITY NOT REQUIRED TO PAY DISTRICT
	OBLIGATIONS. Except as provided by Section 375.263, Local
	Government Code, the City of Houston is not required to pay a bond,
	note, or other obligation of the district.
	Sec. 3880.214. 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. 3880.215. TAX AND ASSESSMENT ABATEMENTS. The district
	may grant in the manner authorized by Chapter 312, Tax Code, an
	abatement for a tax or assessment owed to the district.
	[Sections 3880.216-3880.250 reserved for expansion]
	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
	PROPERTY
	Sec. 3880.251. 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. 3880.252. 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 3880.251, the board must call and hold an election as
	provided by Section 3880.212 only in the defined area or in the
	boundaries of the designated property.
	(b) The board may submit the proposition to the voters on
	the same ballot to be used in another election.
	Sec. 3880.253. 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. 3880.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
	approval and adoption of the order described by Section 3880.253,
	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. 3880.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
	Section 3880.253 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. 12
	initially includes all territory contained in the following area:
	Being a tract or parcel containing 254.065 gross acres of
	land situated in the B.B.B. & C. Railroad Company Survey, Abstract
	Number 179 and the B.B.B. & C. Railroad Company Survey, Abstract
	Number 173, Harris County, Texas; Save and Except, 2.998 acres of
	land, being Lots 10, 11 and 15 of the Cohen Subdivision recorded in
	Volume 414, Page 560 Harris County Deed Records (H.C.D.R.); said
	251.067 net acre tract being more particularly described as follows
	(bearings are based on the record information contained in the deed
	recorded under Harris County Clerk's File (H.C.C.F.) Number
	W130111):
	BEGINNING at a 5/8-inch iron rod with plastic cap stamped
	"Terra Surveying" found in the south line of a called 5.54 acre
	tract as recorded under H.C.C.F. Number F859575 and marking the
	northwest corner of a called 0.9469 acre tract as recorded under
	H.C.C.F. Number W130111, being in the west line of the Pye, Martyr
	and Fox Subdivision as recorded in Volume 1, Page 120 of the Harris
	County Map Records (H.C.M.R.) and marking the most northerly
	northwest corner of the herein described tract, from which a found
	1-1/2-inch iron pipe bears South 86°24'29" West, 0.52 feet;
	THENCE, North 86°24'29" East, along the south line of said
	called 5.54 acre tract and along the north line of said called
	0.9469 acre tract, a distance of 14.70 feet to a 5/8-inch iron rod
	with plastic cap stamped "Terra Surveying" found in the south
	right-of-way (R.O.W.) line of West Bellfort Boulevard (100-foot
	wide R.O.W.), marking the most westerly corner of a called 0.22725
	acre tract for West Bellfort Boulevard as recorded under H.C.C.F.
	Numbers R065536 and S199160;
	THENCE, Easterly, along the arc of a curve to the left and
	along said south R.O.W. line of West Bellfort Boulevard, at an arc
	distance of 270.49 feet passing a 5/8-inch iron rod found in the
	northwesterly R.O.W. line of Old South Main Street (Not Open), at an
	arc distance of 349.51 feet passing a 5/8-inch iron rod with plastic
	cap stamped "Terra Surveying" found in the southeasterly R.O.W.
	line of said Old South Main Street and a northwesterly corner of a
	called 64.958 acre tract as recorded under H.C.C.F. Number W130111,
	at an arc distance of 392.39 feet passing a 5/8-inch iron rod found
	marking another corner of said called 64.958 acre tract and the
	northwest corner of a called 2.536 acre tract as recorded under
	H.C.C.F. Number W121644, at an arc distance of 773.26 feet passing a
	5/8-inch iron rod with plastic cap stamped "Terra Surveying" found
	marking the northeast corner of said called 2.536 acre tract and in
	the west line of a called 2.32 acre tract as recorded under H.C.C.F.
	Number W119371, at a distance of 1,057.47 feet passing the common
	line of said called 2.32 acre tract and a called 0.4666 acre tract,
	from which the common northerly corner of said 2.32 acres and said
	0.4666 acres bears North 03°00'42" West, 12.17 feet, continuing, in
	all, a distance of 1,104.70 feet along the arc of said curve to the
	left, having a radius of 2,050.00 feet, a central angle of 30°52'32"
	and a chord which bears North 86°39'30" East, 1,091.38 feet to a
	point in the south line of Lakes At 610, Section Two, a plat of
	subdivision recorded in Volume 315, Page 13 H.C.M.R.;
	THENCE, North 86°48'53" East, along the south line of said
	Section 2, a distance of 121.60 feet to a 1/2-inch iron rod found
	marking the southwest corner of the Replat of Unrestricted Reserve
	"E", Lakes At 610, Section Two as recorded in Volume 332, Page 137
	H.C.M.R., marking the northwest corner of a called 2.018 acre tract
	as recorded under H.C.C.F. Number Y294667 and marking the northeast
	corner of Buffalo Speedway Extension, a plat of subdivision
	recorded at Film Code Number 613118 H.C.M.R. for an angle point;
	THENCE, Southerly, along the east R.O.W. line of said Buffalo
	Speedway Extension and along the west line of said called 2.018 acre
	tract, a distance of 212.68 feet along the arc of a curve to the
	right, having a radius of 2,050 feet, a central angle of 05°56'39"
	and a chord which bears South 00°13'09" East, 212.59 feet to the
	southwest corner of said called 2.018 acre tract and to the
	northwest corner of a called 4.289 acre tract as recorded under
	H.C.C.F. Number Z116895;
	THENCE, North 86°56'34" East, along the common line of said
	2.018 acre tract and said 4.289 acre tract, a distance of 420.52
	feet to a point for the southeast corner of said called 2.018 acre
	tract for an angle point;
	THENCE, North 03°11'14" West, continuing along the common
	line of said 2.018 acre tract and said 4.289 acre tract, a distance
	of 213.24 feet to a 5/8-inch iron found in the south line of the
	aforesaid Replat of Unrestricted Reserve "E", Lakes At 610, Section
	Two, said iron rod marking the northeast corner of said 2.018 acre
	tract and the most northerly northwest corner of said 4.289 acre
	tract;
	THENCE, North 86°56'34" East, along the common line of said
	4.289 acre tract and the Replat of Unrestricted Reserve "E", at a
	distance of 334.31 feet passing a 5/8-inch iron rod found marking
	the northeast corner of said called 4.289 acre tract and the
	northwest corner of a called 1.0005 acre tract as recorded under
	H.C.C.F. Number W224269, continuing along the south line of said
	Replat of Unrestricted Reserve "E", a distance of 466.34 feet to the
	northeast corner of said 1.0005 acre tract and to the northwest
	corner of Bedford Falls, a plat of subdivision recorded at Film Code
	Number 561066 H.C.M.R. for the northeast corner of the herein
	described tract;
	THENCE, South 03°01'40" East, along the west line of Bedford
	Falls and along the east line of said called 1.0005 acre tract, a
	called 1.0094 acre tract, a called 1.0057 acre tract and a called
	1.0326 acre tract as recorded under H.C.C.F. Numbers W121643,
	W119372 and W119373, a distance of 1,329.95 feet to a 3/4-inch iron
	rod found in the north line of Lot 2, Block 3, Corrected Map of W.E.
	Armstrong Subdivision of 100 Acres as recorded in Volume 173, Page
	402 H.C.D.R., said iron rod marking the common southerly corner of
	said Bedford Falls and said 1.0326 acre tract for an angle point;
	THENCE, South 86°30'14" West, along the south line of said
	called 1.0326 acre tract and along the north line of said Corrected
	Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 132.00
	feet to a 3/4-inch pinch top pipe found in the east line of the
	aforesaid called 64.958 acre tract, said iron rod marking the
	southwest corner of said called 1.0326 acre tract and the northwest
	corner of said Corrected Map of W.E. Armstrong Subdivision of 100
	Acres for an angle point;
	THENCE, South 02°49'56" East, along the east line of said
	called 64.958 acre tract and along the west line of said Corrected
	Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 425.22
	feet to a 5/8-inch iron rod with plastic cap stamped "Terra
	Surveying" found marking the southeast corner of said called 64.958
	acre tract and the northeast corner of Lot 27, Mrs. M.B. Martyr's
	Subdivision of 26-2/3 Acres as recorded in Volume 1, Page 112
	H.C.M.R. for an angle point;
	THENCE, South 02°56'01" East, along the east line of said Mrs.
	M.B. Martyr's Subdivision and along the west line of said Corrected
	Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 481.43
	feet to a 5/8-inch iron rod with plastic cap stamped "Terra
	Surveying" set marking the common east corner of Lot 20 and Lot 19
	of Mrs. M.B. Martyr's Subdivision for an angle point;
	THENCE, South 86°51'22" West, along the common line of said
	Lot 20 and Lot 19, a distance of 361.74 feet to a 5/8-inch iron rod
	with plastic cap stamped "Terra Surveying" set in the east line of a
	16-foot wide Road as delineated by said Mrs. M.B. Martyr's
	Subdivision and marking the common west corner of Lot 20 and Lot 19
	of Mrs. M.B. Martyr's Subdivision for an angle point;
	THENCE, North 02°54'40" West, along the west line of said Lot
	20 and along the east line of said 16-foot wide Road, a distance of
	60.15 feet to an angle point;
	THENCE, South 86°48'23" West, crossing said 16-foot wide Road
	and along the center of Lot 21 which divides the north half of Lot 21
	from the south half of Lot 21 out of Mrs. M.B. Martyr's Subdivision,
	a distance of 378.68 feet to a 5/8-inch iron rod found in the east
	line of Lot 13 of the H.F. Cohen Subdivision as recorded in Volume
	414, Page 560 H.C.D.R. and in the west line of said Mrs. M.B.
	Martyr's Subdivision for an angle point;
	THENCE, South 02°56'14" East, along the east line of said H.F.
	Cohen Subdivision and along the west line of said Mrs. M.B. Martyr's
	Subdivision, a distance of 540.52 feet to a point for the common
	west corner of Lot 13 and Lot 10 of said Mrs. M.B. Martyr's
	Subdivision for an angle point;
	THENCE, North 86°54'43" East, along the common line of said
	Lot 13 and Lot 10, a distance of 362.44 feet to a point in the west
	line of the aforesaid 16-foot wide Road and to the common east
	corner of said Lot 13 and Lot 10 for an angle point;
	THENCE, South 02°54'40" East, along the east line of Lot 10,
	9, 6,5,2 and 1 of said Mrs. M.B. Martyr's Subdivision and along the
	west line of said 16-foot wide Road, a distance of 609.03 feet to a
	5/8-inch iron rod with plastic cap stamped "Terra Surveying" set in
	the northerly line of the G.H. & S.A. Railroad (100-foot wide), said
	iron rod marking the southeast corner of Lot 1 of said Mrs. M.B.
	Martyr's Subdivision for the southeasterly corner of the herein
	described tract;
	THENCE, South 69°14'45" West, parallel with and 50.00 feet
	northerly of the centerline of the main line of said G.H. & S.A.
	Railroad, at a distance of 380.40 feet passing a 5/8-inch iron rod
	with plastic cap stamped "Terra Surveying" set marking the
	southerly corner of said H.F. Cohen Subdivision and said Mrs. M.B.
	Martyr's Subdivision, at a distance of 899.40 feet passing a
	5/8-inch iron rod with plastic cap stamped "Terra Surveying" set
	marking the common southerly corner of said H.F. Cohen Subdivision
	and a called 32.750 acre tract as recorded under H.C.C.F. Numbers
	W888894, W888895, W888896 and W888897, at a distance of 1,667.32
	feet passing a 3/4-inch iron pipe found marking the common
	southerly corner of said 32.750 acre tract and a called 78.8844 acre
	tract as recorded under H.C.C.F. Numbers X866237 and X866239,
	continuing, in all, a distance of 2,039.51 feet to a 3/4-inch iron
	pipe found marking the southeast corner of a called 4.241 acre tract
	as recorded under H.C.C.F. Number P622067 for an angle point;
	THENCE, North 03°06'21" West, along a line of said called
	78.8844 acre tract and along the east line of said called 4.241 acre
	tract, a distance of 409.00 feet to the northeast corner of said
	4.241 acre tract for an angle point;
	THENCE, South 87°09'37" West, along the north line of said
	called 4.241 acre tract, a distance of 116.89 feet to an angle
	point;
	THENCE, South 67°02'11" West, continuing along the north line
	of said called 4.241 acre tract, at a distance of 35.92 feet passing
	a 5/8-inch iron rod found marking the southeast corner of a called
	2.684 acre tract as recorded under H.C.C.F. Number Z063340,
	continuing, in all, a distance of 119.13 feet to a 5/8-inch iron rod
	found marking an angle point;
	THENCE, South 68°16'18" West, continuing along the north line
	of said called 4.241 acre tract and along the south line of said
	called 2.684 acre tract, a distance of 204.19 feet to a 5/8-inch
	iron rod found in the east line of a called 13.946 acre tract as
	recorded under H.C.C.F. Number Z063342, marking the southwest
	corner of said called 2.684 acre tract and marking the northwest
	corner of said called 4.241 acre tract for an angle point;
	THENCE, South 03°13'00" East, along the east line of said
	13.946 acre tract and along the west line of said called 4.241 acre
	tract, a distance of 438.47 feet to a 5/8-inch iron rod found in the
	aforesaid northerly line of the G.H. & S.A. Railroad (width
	varies), said iron rod marking the southwest corner of said 4.241
	acre tract and the southeast corner of said called 13.946 acre tract
	for an angle point;
	THENCE, South 71°11'27" West, along the south line of said
	13.946 acre tract and along the northerly line of the G.H. & S.A.
	Railroad, a distance of 49.24 feet to a 3/4-inch iron rod found
	marking the southeast corner of that certain tract conveyed to the
	City of Houston for Willowbend Boulevard (100-foot R.O.W.) as
	recorded under H.C.C.F. Number D551516 for an angle point;
	THENCE, South 71°50'03" West, along the south line of said
	City of Houston tract and along the northerly line of the G.H. &
	S.A. Railroad, a distance of 52.36 feet to a 5/8-inch iron rod found
	marking an angle point;
	THENCE, South 73°29'13" West, along the south line of said
	City of Houston tract and along the northerly line of the G.H. &
	S.A. Railroad, a distance of 53.69 feet to a 5/8-inch iron rod with
	plastic cap stamped "Terra Surveying" set marking the southwest
	corner of said City of Houston tract and the southeast corner of a
	called 1.715 acre tract as recorded under H.C.C.F. Number Z063342
	for an angle point;
	THENCE, South 73°31'49" West, along the south line of said
	1.715 acre tract and along the northerly line of the G.H. & S.A.
	Railroad, a distance of 302.97 feet to a point for the southwest
	corner of said 1.715 acre tract and for the southeast corner of a
	called 6.6173 acre tract as recorded under H.C.C.F. Numbers X866237
	and X866239 for an angle point;
	THENCE, South 73°29'16" West, along the south line of said
	6.6173 acre tract and along the northerly line of the G.H. & S.A.
	Railroad, a distance of 403.39 feet to a 5/8-inch iron rod found
	marking the southwest corner of said called 6.6173 acre tract and
	the southeast corner of a called 19.4807 acre tract as recorded
	under H.C.C.F. Number P948748 for the southwest corner of the
	herein described tract;
	THENCE, North 02°56'42" West, along the common line of said
	6.6173 acre tract and said 19.4807 acre tract, a distance of 946.14
	feet to a 5/8-inch iron rod found in the southerly R.O.W. line of
	Willowbend Boulevard (100-foot wide) as recorded under H.C.C.F.
	Numbers D578468 and D501181, said iron rod marking the northwest
	corner of said called 6.6173 acre tract and the northeast corner of
	said called 19.4807 acre tract for an angle point;
	THENCE, North 02°58'47" West, crossing Willowbend Boulevard,
	a distance of 120.22 feet to a 5/8-inch iron rod found in the
	northerly R.O.W. line of said Willowbend Boulevard, marking the
	southeast corner of Unrestricted Reserve "A" (7.9459 acres), R.
	Hassell Properties, a plat of subdivision recorded at Film Code
	Number 531140 H.C.M.R. and the southwesterly corner of the
	aforesaid called 78.8844 acre tract for an angle point;
	THENCE, North 02°58'17" West, along the east line of said
	Unrestricted Reserve "A" and along the west line of said 78.8844
	acre tract, a distance of 1,468.17 feet to a point for the northeast
	corner of said Unrestricted Reserve "A" and the northwest corner of
	said called 78.8844 acre tract for the most westerly northwest
	corner of the herein described tract;
	THENCE, North 45°48'01" East, along the north line of said
	78.8844 acre tract, a distance of 689.16 feet to a 5/8-inch iron rod
	found marking an angle point;
	THENCE, North 45°50'45" East, along the north line of said
	78.8844 acre tract, a distance of 1,447.21 feet to a point in the
	centerline of the aforesaid Old South Main Street (Not Open), and in
	west line of the aforesaid Pye, Martyr and Fox Subdivision for an
	angle point;
	THENCE, North 02°28'55" West, along the west line of said Pye,
	Martyr and Fox Subdivision, a distance of 41.97 feet to a 6-inch by
	6-inch concrete monument found flush with the ground, in the
	northwesterly R.O.W. line of Old South Main Street and marking the
	southeast corner of a called 19.3266 acre tract as recorded under
	H.C.C.F. Number T152334 and marking the southwesterly corner of the
	aforesaid called 0.9469 acre tract for an angle point;
	THENCE, North 03°05'39" West, along the west line of said Pye,
	Martyr and Fox Subdivision, along the west line of said called
	0.9469 acre tract and along the east line of said called 19.3266
	acre tract, a distance of 297.83 feet to the POINT OF BEGINNING and
	containing 254.065 gross acres of land. Save and Except 2.998 acres
	of land, being Lots 10, 11 and 15 of the Cohen Subdivision recorded
	in Volume 414, Page 560 Harris County Deed Records for a 251.067 net
	acre tract.
	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.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 4777 was passed by the House on May
	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 4777 was passed by the Senate on May
	27, 2009, by the following vote: Yeas 31, Nays 0.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor