83(R) SB 690 - Enrolled version

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	S.B. No. 690

AN ACT

relating to the creation of Harris County Improvement District

No. 23; providing authority to issue bonds; providing authority to

impose assessments, fees, or 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.

(6) "East End district" means the Greater East End

Management District created under Chapter 3807.

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, and to accomplish the redevelopment of the

land in the district.

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 East End district, 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.

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 nine voting directors who serve staggered

terms of four years, with four or five 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

Dan Lipnick

Hien Le

Ndukwe Kalu

Adam Williams

Kenady Davis

Sakina Lanig

Alison Leland

Carver L. Henry

Charles McCloud

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

appointed for positions one through five expire June 1, 2015, and

the terms of directors appointed for positions six through nine

expire June 1, 2017.

(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. Subject

to Section 3910.113, 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.

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.

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.

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.

or financed by the district under this section is subject to any

applicable rules, regulations, bylaws, or similar legislative or

regulatory acts or policies of the Port of Houston Authority of

Harris County, Texas.

(d) This chapter does not supersede or diminish the rights,

powers, privileges, and authority of the Port of Houston Authority

of Harris County, Texas.

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.

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. COORDINATION WITH EAST END DISTRICT. In

determining the improvement projects or services the district

provides, the district shall coordinate its efforts with the

efforts of the East End district to achieve governmental efficiency

and avoid duplication of improvement projects or services. The

district may not duplicate an improvement project or service that

the East End district provides in the same territory.

Sec. 3910.114. 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.

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. NOTICE TO EAST END DISTRICT. The district

shall send to the board of directors of the East End district notice

of a hearing regarding an improvement project or service that is to

be financed with assessments under this chapter. The district

shall send the notice by certified mail, return receipt requested,

or by another method determined by the board to provide adequate

proof that the notice was timely mailed, not later than the 30th day

before the date of the hearing. The notice must contain the

information required by Section 375.115(b), Local Government Code.

Sec. 3910.157. 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.

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.

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.

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.

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.

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 690 passed the Senate on

April 24, 2013, by the following vote: Yeas 30, Nays 0;

May 21, 2013, Senate refused to concur in House amendments and

requested appointment of Conference Committee; May 22, 2013, House

granted request of the Senate; May 26, 2013, Senate adopted

Conference Committee Report by the following vote: Yeas 31,

Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 690 passed the House, with

amendments, on May 17, 2013, by the following vote: Yeas 133,

Nays 1, two present not voting; May 22, 2013, House granted request

of the Senate for appointment of Conference Committee;

May 26, 2013, House adopted Conference Committee Report by the

following vote: Yeas 133, Nays 0, one present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor