85R21837 SMT-F
 
  By: Schofield H.B. No. 4321
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of Harris County Improvement District No.
  25; providing authority to levy 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 3958 to read as follows:
  CHAPTER 3958.  HARRIS COUNTY IMPROVEMENT DISTRICT NO. 25
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3958.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "County" means Harris County.
               (3)  "Director" means a board member.
               (4)  "District" means the Harris County Improvement
  District No. 25.
         Sec. 3958.002.  CREATION AND NATURE OF DISTRICT. The
  district is a special district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 3958.003.  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 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 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 county services provided in the
  district.
         Sec. 3958.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment; and
               (3)  developing or expanding transportation and
  commerce.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center;
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty;
  and
               (4)  provide for water, wastewater, drainage, road, and
  recreational facilities for the district.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, parking, and street art objects are parts of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (f)  The district will not act as the agent or
  instrumentality of any private interest even though the district
  will benefit many private interests as well as the public.
         Sec. 3958.005.  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 bonds for the purposes
  for which the district is created or to pay the principal of and
  interest on the bonds;
               (3)  right to impose or collect an assessment or tax; or
               (4)  legality or operation.
         Sec. 3958.006.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3958.007.  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. 3958.051.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five voting directors who serve staggered
  terms of four years, with two or three directors' terms expiring
  June 1 of each odd-numbered year.
         (b)  The board by resolution may change the number of voting
  directors on the board 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 nine voting directors.
         Sec. 3958.052.  APPOINTMENT OF VOTING DIRECTORS. The Texas
  Commission on Environmental Quality shall appoint voting directors
  from persons recommended by the board.
         Sec. 3958.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3958.054.  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. 3958.055.  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. 3958.056.  INITIAL VOTING DIRECTORS.  (a) On or after
  the effective date of the Act enacting this chapter, the owner or
  owners of a majority of the assessed value of the real property in
  the district according to the most recent certified tax appraisal
  roll for the county may submit a petition to the Texas Commission on
  Environmental Quality requesting that the commission appoint as
  initial voting directors the five persons named in the petition.
  The commission shall appoint the five persons named in the petition
  as initial directors by position.
         (b)  Of the initial directors, the terms of directors
  appointed for positions one through three expire June 1, 2019, and
  the terms of directors appointed for positions four and five expire
  June 1, 2021.
         (c)  Section 3958.052 does not apply to this section.
         (d)  This section expires September 1, 2021.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3958.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3958.102.  IMPROVEMENT PROJECTS AND SERVICES. The
  district may provide, design, construct, acquire, improve,
  relocate, operate, maintain, or finance an improvement project or
  service using any money available to the district, or contract with
  a governmental or private entity to provide, design, construct,
  acquire, improve, relocate, operate, maintain, or finance an
  improvement project or service authorized under this chapter or
  Chapter 375, Local Government Code.
         Sec. 3958.103.  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. 3958.104.  NONPROFIT CORPORATION. (a) The board by
  resolution may authorize the creation of a nonprofit corporation to
  assist and act for the district in implementing a project or
  providing a service authorized by this chapter.
         (b)  The nonprofit corporation:
               (1)  has each power of and is considered to be a local
  government corporation created under Subchapter D, Chapter 431,
  Transportation Code; and
               (2)  may implement any project and provide any service
  authorized by this chapter.
         (c)  The board shall appoint the board of directors of the
  nonprofit corporation. The board of directors of the nonprofit
  corporation shall serve in the same manner as the board of directors
  of a local government corporation created under Subchapter D,
  Chapter 431, Transportation Code, except that a board member is not
  required to reside in the district.
         Sec. 3958.105.  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. 3958.106.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with a qualified party,
  including the county, to provide law enforcement services in the
  district for a fee.
         Sec. 3958.107.  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. 3958.108.  ECONOMIC DEVELOPMENT. (a) The district may
  engage in activities that accomplish the economic development
  purposes of the district.
         (b)  The district may establish and provide for the
  administration of one or more programs to promote state or local
  economic development and to stimulate business and commercial
  activity in the district, including programs to:
               (1)  make loans and grants of public money; and
               (2)  provide district personnel and services.
         (c)  The district may create economic development programs
  and exercise the economic development powers provided to
  municipalities by:
               (1)  Chapter 380, Local Government Code; and
               (2)  Subchapter A, Chapter 1509, Government Code.
         Sec. 3958.109.  PARKING FACILITIES. (a) The district may
  acquire, lease as lessor or lessee, construct, develop, own,
  operate, and maintain parking facilities or a system of parking
  facilities, including lots, garages, parking terminals, or other
  structures or accommodations for parking motor vehicles off the
  streets and related appurtenances.
         (b)  The district's parking facilities serve the public
  purposes of the district and are owned, used, and held for a public
  purpose even if leased or operated by a private entity for a term of
  years.
         (c)  The district's parking facilities are part of and
  necessary components of a street and are considered to be a street
  or road improvement.
         (d)  The development and operation of the district's parking
  facilities may be considered an economic development program.
         Sec. 3958.110.  ANNEXATION OF LAND. The district may annex
  land as provided by Subchapter J, Chapter 49, Water Code.
         Sec. 3958.111.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3958.151.  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. 3958.152.  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. 3958.153.  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. 3958.154.  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 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. 3958.155.  TAX AND ASSESSMENT ABATEMENTS.  The district
  may designate reinvestment zones and may grant abatements of a tax
  or assessment on property in the zones.
  SUBCHAPTER E. TAXES AND BONDS
         Sec. 3958.201.  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 3958.203.
         (b)  The district must hold an election in the manner
  provided by Subchapter L, Chapter 375, Local Government Code, to
  obtain voter approval before the district may impose an ad valorem
  tax or issue bonds payable from ad valorem taxes.
         (c)  Section 375.243, Local Government Code, does not apply
  to the district.
         (d)  All or any part of any facilities or improvements that
  may be acquired by a district by the issuance of its bonds may be
  submitted as a single proposition or as several propositions to be
  voted on at the election.
         Sec. 3958.202.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3958.201, the district may
  impose an operation and maintenance tax on taxable property in the
  district in accordance with Section 49.107, Water Code, for any
  district purpose, including to:
               (1)  maintain and operate the district;
               (2)  construct or acquire improvements; or
               (3)  provide a service.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         (c)  Section 49.107(h), Water Code, does not apply to the
  district.
         Sec. 3958.203.  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. 3958.204.  AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
  AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
  determined by the board. Section 375.205, Local Government Code,
  does not apply to a loan, line of credit, or other borrowing from a
  bank or financial institution secured by revenue other than ad
  valorem taxes.
         (b)  The district may issue bonds, notes, or other
  obligations payable wholly or partly from ad valorem taxes,
  assessments, impact fees, revenue, contract payments, grants, or
  other district money, or any combination of those sources of money,
  to pay for any authorized district purpose.
         (c)  The limitation on the outstanding principal amount of
  bonds, notes, and other obligations provided by Section 49.4645,
  Water Code, does not apply to the district.
         Sec. 3958.205.  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.
  SUBCHAPTER F. MUNICIPAL ANNEXATION AND DISSOLUTION
         Sec. 3958.251.  MUNICIPAL ANNEXATION; DISSOLUTION. (a) The
  district is a "water or sewer district" under Section 43.071, Local
  Government Code.
         (b)  Section 43.075, Local Government Code, applies to the
  district.
         (c)  Section 375.264, Local Government Code, does not apply
  to the dissolution of the district by a municipality.
         SECTION 2.  Harris County Improvement District No. 25
  initially includes all territory contained in the following area:
         TRACT 1 - 88.03 ACRES
         FIELD NOTES of a 88.03 of an acre tract of land situated in
  the H.T. & B. R.R. Survey, Block 3, Sec. 9, Abstract No. 421, the
  H.T. & B. R.R. Survey, Block 3, Sec. 7, Abstract No. 903 the C.
  Collis Survey, Abstract No. 1330, and the G. Lolley Survey,
  Abstract No. 1410 Harris County, Texas; said 88.03 of an acre tract
  of land being out of and a part of Restricted Reserve "A" of the
  Westside Mall, Sec. 2 and recorded at Film Code No. (F.C. No.)
  602144 of the Harris County Map Records (H.C.M.R.); said 88.03 of an
  acre tract of land being more particularly described by metes and
  bounds as follows:
         NOTE: All bearings are Lambert Grid bearings and all
  coordinates refer to the Texas State Plane Coordinate System, South
  Central Zone (#4204), as defined by article 21.071 of the Natural
  Resources Code of the State of Texas, 1983 Datum (2001 adjustment).
  All distances are actual distances. Scale factor = 0.99989325287.
         BEGINNING at a found 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the Southeast intersection of Partnership Way
  (80' right-of-way) and Grand Circle Boulevard (80' right-of-way) as
  recorded at F.C. No. 446143 of the H.C.M.R.
         THENCE N 30°52'03" W with the common West line of said
  Restricted Reserve "A" and across said Grand Circle Boulevard a
  distance of 80.00 feet to a set 5/8" iron rod with cap stamped
  "E.H.R.A. 713-784-4500" for the Northwest corner of this tract of
  land and being in the North right-of-way line of the proposed Grand
  Circle Boulevard (80' right-of-way).
         THENCE N 59°07'57" E with the common North right-of-way line
  of said Grand Circle Boulevard and the North line of this tract of
  land a distance of 22.95 feet to a set 5/8" iron rod with cap stamped
  "E.H.R.A. 713-784-4500" for the beginning of a curve to the right.
         THENCE in a Northeasterly direction with the common North
  right-of-way line of said Grand Circle Boulevard, the North line of
  this tract of land and said curve to the right having a central
  angle of 42°04'54", a radius of 340.00 feet, a length of 249.72 feet,
  and a chord bearing and distance of N 80°10'24" E, 244.14 feet to a
  set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
  end of this curve.
         THENCE S 78°47'08" E with the common North right-of-way line
  of said Grand Circle Boulevard and the North line of this tract of
  land a distance of 183.98 feet to a set 5/8" iron rod with cap
  stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
  left.
         THENCE in a Southeasterly direction with the common North
  right-of-way line of said Grand Circle Boulevard, the North line of
  this tract of land and said curve to the left having a central angle
  of 12°30'52", a radius of 260.00 feet, a length of 56.79 feet, and a
  chord bearing and distance of S 85°02'35" E, 56.68 feet to a set 5/8"
  iron rod with cap stamped "E.H.R.A. 713-784-4500" for the end of
  this curve.
         THENCE N 88°42'07" E with the common North right-of-way line
  of said Grand Circle Boulevard and the North line of this tract of
  land a distance of 522.00 feet to a set 5/8" iron rod with cap
  stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
  right.
         THENCE in a Southeasterly direction with the common North
  right-of-way line of said Grand Circle Boulevard, the North line of
  this tract of land and said curve to the right having a central
  angle of 24°56'38", a radius of 340.00 feet, a length of 147.82 feet
  and a chord bearing and distance of S 78°50'34" E, 146.66 feet to a
  set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
  beginning of a reverse curve to the left.
         THENCE in a Northeasterly direction with the common North
  right-of-way line of said Grand Circle Boulevard, the North line of
  this tract of land and said reverse curve to the left having a
  central angle of 92°17'27", a radius of 25.00 feet, a length of 40.27
  feet and a chord bearing and distance of N 67°28'02" E, 36.05 feet to
  a set 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
  Northeast corner of this tract of land and the end of said reverse
  curve to the left; said point being the Southwest intersection of
  Westside Way (80' right-of-way) as recorded at F.C. No. 602144 of
  the H.C.M.R. and said Grand Circle Boulevard.
         THENCE S 21°19'19" W with the Northeast line of this tract of
  land a distance of 5.27 feet to a set 5/8" iron rod with cap stamped
  "E.H.R.A. 713-784-4500" for the beginning of a curve to the left.
         THENCE in a Southeasterly direction with the common
  Southwesterly right-of-way line of said Grand Circle Boulevard, the
  Easterly line of this tract of land and said curve to the left
  having a central angle of 87°40'44", a radius of 105.00 feet, a
  length of 160.68 feet and a chord bearing and distance of S 22°31'03"
  E, 145.45 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the beginning of a reverse curve to the right.
         THENCE in a Southeasterly direction with the Southwesterly
  right-of-way line of said Grand Circle Boulevard, the Easterly line
  of this tract of land and said reverse curve to the right having a
  central angle of 09°46'53", a radius of 1500.00 feet, a length of
  256.08 feet and a chord bearing and distance of S 61°27'59" E, 255.77
  feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the end of this reverse curve.
         THENCE S 56°34'32" E with the Southwesterly right-of-way line
  of said Grand Circle Boulevard and the Easterly line of this tract
  of land a distance of 187.17 feet to a found 5/8" iron rod with cap
  stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
  right.
         THENCE in a Southeasterly direction with the Southwesterly
  right-of-way line of said Grand Circle Boulevard, the Easterly line
  of this tract of land and said curve to the right having a central
  angle of 13°05'36", a radius of 570.00 feet, a length of 130.26 feet
  and a chord bearing and distance of S 50°01'44" E, 129.98 feet to a
  found 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for
  the beginning of a compound curve to the right.
         THENCE in a Southeasterly direction with the Westerly
  right-of-way line of said Grand Circle Boulevard, the Easterly line
  of this tract of land and said compound curve to the right having a
  central angle of 42°11'03", a radius of 470.00 feet, a length of
  346.04 feet and a chord bearing and distance of S 22°23'24" E, 338.28
  feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the end of this compound curve.
         THENCE S 01°17'53" E with the Westerly right-of-way line of
  said Grand Circle Boulevard and the Easterly line of this tract of
  land a distance of 468.93 feet to a set 5/8" iron rod with cap
  stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
  right.
         THENCE in a Southerly direction with the common West
  right-of-way line of said Grand Circle Boulevard, the East line of
  this tract of land and said curve to the right having a central
  angle of 06°21'59", a radius of 220.00 feet, a length of 24.45 feet
  and a chord bearing and distance of S 01°53'07" W, 24.43 feet to a
  found 5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for
  the beginning of a compound curve to the right.
         THENCE in a Southwesterly direction with the common
  Northwesterly right-of-way line of said Grand Circle Boulevard, the
  Southeast line of this tract of land and said compound curve to the
  right having a central angle of 34°12'51", a radius of 520.00 feet, a
  length of 310.52 feet and a chord bearing and distance of S 22°10'32"
  W, 305.92 feet to a 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the beginning of a compound curve to the right.
         THENCE in a Southwesterly direction with the common
  Northwesterly right-of-way line of said Grand Circle Boulevard, the
  Southeast line of this tract of land and said compound curve to the
  right having a central angle of 11°59'44", a radius of 620.00 feet, a
  length of 129.81 feet and a chord bearing and distance of S 45°16'49"
  W, 129.57 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the end of this curve.
         THENCE S 51°16'41" W with the Northwesterly right-of-way line
  of said Grand Circle Boulevard and the Southwest line of this tract
  of land a distance of 165.06 feet to a found 5/8" iron rod with cap
  stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
  right.
         THENCE in a Southwesterly direction with the common Northwest
  right-of-way line of said Grand Circle Boulevard, the Southeast
  line of this tract of land and said curve to the right having a
  central angle of 11°31'39", a radius of 525.00 feet, a length of
  105.63 feet and a chord bearing and distance of S 57°02'31" W, 105.45
  feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the end of this curve.
         THENCE S 62°48'20" W with the common Northwesterly
  right-of-way line of said Grand Circle Boulevard and the Southeast
  line of this tract of land a distance of 122.10 feet to a found 5/8"
  iron rod with cap stamped "E.H.R.A. 713-784-4500" for the beginning
  of a curve to the right.
         THENCE in a Southwesterly direction with the common
  Northwesterly right-of-way line of said Grand Circle Boulevard, the
  Southeast line of this tract of land and said curve to the right
  having a central angle of 21°56'19", a radius of 720.00 feet, a
  length of 275.69 feet and a chord bearing and distance of S 73°46'30"
  W, 274.01 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the beginning of a compound curve to the right.
         THENCE in a Southwesterly direction with the common
  Northwesterly right-of-way line of said Grand Circle Boulevard, the
  Southeast line of this tract of land and said compound curve to the
  right having a central angle of 04°27'02", a radius of 3949.99 feet,
  a length of 306.83 feet and a chord bearing and distance of S
  86°58'11" W, 306.75 feet to a 5/8" iron rod with cap stamped
  "E.H.R.A. 713-784-4500" found for the beginning of a compound curve
  to the right.
         THENCE in a Southwesterly direction with the common
  Northeasterly right-of-way line of said Grand Circle Boulevard, the
  Southwest line of this tract of land and said compound curve to the
  right having a central angle of 11°38'51", a radius of 2937.00 feet,
  a length of 597.06 feet and a chord bearing and distance of N
  84°58'53" W, 596.03 feet to a found 5/8" iron rod with cap stamped
  "E.H.R.A. 713-784-4500" for the beginning of a compound curve to
  the right.
         THENCE in a Northwesterly direction with the common
  Northeasterly right-of-way line of said Grand Circle Boulevard, the
  Southwest line of this tract of land and said compound curve to the
  right having a central angle of 33°55'34", a radius of 800.00 feet, a
  length of 473.70 feet and a chord bearing and distance of N 62°11'40"
  W, 466.81 feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the end of this compound curve.
         THENCE N 45°13'53" W with the Northeasterly right-of-way line
  of said Grand Circle Boulevard and the Southwest line of this tract
  of land a distance of 1.49 feet to a found 5/8" iron rod with cap
  stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
  right.
         THENCE in a Northwesterly direction with the Westerly line of
  this tract of land, the Easterly right-of-way of said Grand Circle
  Boulevard and said curve to the right having a central angle of
  42°18'57", a radius of 790.00 feet, a length of 583.46 feet and a
  chord bearing and distance of N 24°04'24" W, 570.29 feet to a found
  5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the end
  of this curve.
         THENCE N 02°54'56" W with the Westerly line of this tract of
  land and the Easterly right-of-way of said Grand Circle Boulevard a
  distance of 65.71 feet to a found 5/8" iron rod with cap stamped
  "E.H.R.A. 713-784-4500" for the beginning of a curve to the right.
         THENCE in a Northeasterly direction with the Westerly line of
  this tract of land, the Easterly right-of-way of said Grand Circle
  Boulevard and said curve to the right having a central angle of
  19°44'56", a radius of 1260.00 feet, a length of 434.30 feet and a
  chord bearing and distance of N 06°57'32" E, 432.15 feet to a found
  5/8" iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
  beginning of a compound curve to the right.
         THENCE in a Northeasterly direction with the Northwesterly
  line of this tract of land, the Southeasterly right-of-way of said
  Grand Circle Boulevard and said compound curve to the right having a
  central angle of 30°41'24", a radius of 940.00 feet, a length of
  503.50 feet and a chord bearing and distance of N 32°10'42" E, 497.51
  feet to a found 5/8" iron rod with cap stamped "E.H.R.A.
  713-784-4500" for the end of this compound curve.
         THENCE N 47°31'24" E with the Northwesterly line of this tract
  of land and the Southeasterly right-of-way of said Grand Circle
  Boulevard a distance of 16.25 feet to a found 5/8" iron rod with cap
  stamped "E.H.R.A. 713-784-4500" for the beginning of a curve to the
  right.
         THENCE in a Northeasterly direction with the Northwesterly
  line of this tract of land, the Southeasterly right-of-way of said
  Grand Circle Boulevard and said curve to the right having a central
  angle of 11°36'33", a radius of 1165.00 feet, a length of 236.05 feet
  and a chord bearing and distance of N 53°19'41" E, 235.65 feet to the
  PLACE OF BEGINNING; containing within said boundaries a calculated
  area of 88.03 (3,834,413 sq.ft.) of an acre of land.
         TRACT 2 - 15.59 ACRES
         Being all of Restricted Reserve A of Westside Mall, Section
  1, Partial Replat No. 1 according to the map or plat thereof as
  recorded at Film Code No. 675479 of the Map Records of Harris
  County, Texas.
         TRACT 3 - 4.09 ACRES
         FIELD NOTES of a 4.09 acre tract of land situated in the H.T. &
  B. RR Co. Survey, Abstract No. 421, Harris County, Texas; said
  4.09 acre tract of land being out of and a part of Restricted
  Reserve A according to the map or plat thereof as recorded at Film
  Code No. 462117 of the Map Records of Harris County, Texas; said
  4.09 acre tract of land being more particularly described by metes
  and bounds as follows:
         NOTE: All bearings are Lambert grid bearings and all
  coordinates refer to the Texas State Plane Coordinate System, South
  Central Zone (#4202), as defined by article 21.071 of the Natural
  Resources Code of the State of Texas, 1983 Datum (2001 adjustment).
  All distance are actual distances. Scale factor = 0.99989325287.
         BEGINNING at a found 1/2 inch iron rod with cap stamped "Bury &
  Partners" for the Northwest corner of this tract of land, the same
  being the Southwest corner of a called 7.0279 acre tract of land
  conveyed to J.C. Penney Properties, Inc. as recorded at County
  Clerk's File No. Y870027 of the Official Public Records of Real
  Property of Harris County, Texas; said point being in the East
  right-of-way line of State Highway 99 (aka Grand Parkway, R.O.W.
  varies) as recorded at County Clerk's File No. M125086 of the
  Official Public Records of Real Property of Harris County, Texas.
         THENCE N 88°19'00" E with the North line of this tract of land
  and the South line of J.C. Penney tract of land a distance of 271.10
  feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
  713-784-4500", an angle point of said J.C. Penney tract of land.
         THENCE S 01°40'57" E with the North line of this tract of land
  and the South line of said J.C. Penney tract of land a distance of
  8.00 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
  713-784-4500", an angle point of said J.C. Penney tract of land.
         THENCE N 88°19'03" E with the North line of this tract of land
  and the South line of said J.C. Penney tract of land a distance of
  76.25 feet to a found mag nail with shiner stamped "Bury & Partners"
  for an angle point of this tract of land and an angle point of a
  tract of land called 4.996 acres as conveyed to Parkside NEC Grand
  Parkway as recorded at County Clerk's File No. 20140006523 of the
  Official Public Records of Real Property of Harris County, Texas.
         THENCE N 02°40'57" W with the North line of this tract of land
  and an interior line of said Parkside NEC tract of land a distance
  of 8.00 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
  713-784-4500", an angle point of said Parkside NEC tract of land;
  said point being in the South line of said J.C. Penney tract of
  land.
         THENCE N 88°19'03" E with the North line of this tract of land
  and the South line of said J.C. Penney tract of land a distance of
  73.89 feet to a found 5/8 inch iron rod with cap stamped "E.H.R.A.
  713-784-4500", an angle point of said J.C. Penney tract of land.
         THENCE S 01°40'57" E with an interior line of this tract of
  land and the most Westerly East line of said J.C. Penney tract of
  land a distance of 115.00 feet to a found mag nail with shiner
  stamped "Bury & Partners" for an interior corner of this tract of
  land and an angle point of said J.C. Penney tract of land.
         THENCE N 88°19'03" E with the North line of this tract of land
  and the South line of said J.C. Penney tract of land a distance of
  305.86 feet to a found mag nail with shiner stamped "Bury &
  Partners" for the most Easterly Northeast corner of this tract of
  land and the Southeast corner of said J.C. Penney tract of land;
  said point being in the West right-of-way line of Grand Circle
  Boulevard (80' R.O.W.) as recorded at Film Code No. 446143 of the
  Map Records of Harris County, Texas, and the beginning of a
  non-tangent curve to the left, concave Easterly.
         THENCE in a Southerly direction with the East line of this
  tract of land, the West right-of-way line of said Grand Circle
  Boulevard and said non-tangent curve to the left having a central
  angle of 00°41'26", a radius of 1340.00 feet, a length of 16.15 feet
  and a chord bearing and distance of S 06°05'18" W, 16.15 feet to a
  found 3/4 inch iron rod with cap stamped "E.H.R.A. 713-784-4500"
  for the most Easterly Southeast corner of this tract of land and
  also being the Northeast corner of a called 1.5000 acre tract of
  land conveyed to Cowboy Red-Katy, Ltd. as recorded at County
  Clerk's File No. 20090003573 of the Official Public Records of Real
  Property of Harris County, Texas.
         THENCE S 88°19'03" W with the most Easterly South line of this
  tract of land and the North line of said Cowboy Red-Katy tract of
  land a distance of 226.15 feet to a found 'X' for an angle point of
  this tract of land and also being the Northwest corner of said
  Cowboy Red-Katy tract of land.
         THENCE S 01°40'57" E with the East line of this tract of land
  and the West line of said Cowboy Red-Katy tract of land a distance
  of 197.16 feet to a found 5/8 inch iron rod with cap stamped
  "E.H.R.A. 713-784-4500" for the Easterly Southeast corner of this
  tract of land.
         THENCE S 88°20'27" W, a distance of 243.49 feet to a found 5/8
  inch iron rod with cap stamped "E.H.R.A. 713-784-4500" for an
  internal corner of the herein described tract.
         THENCE S 01°41'03" E, a distance of 135.45 feet to a found 5/8
  inch iron rod with cap stamped "E.H.R.A. 713-784-4500" for the
  point of curvature to the left.
         THENCE in a southerly direction with said curve to the left
  having a central angle of 21°52'28", a radius of 212.00 feet, a
  length of 80.94 feet and a chord bearing and distance of S 12°37'17"
  E, 80.45 feet to a found 5/8 inch iron rod with cap stamped
  "E.H.R.A. 713-784-4500", being the beginning of a non-tangent curve
  to the left, concave Southeasterly; said point being in the South
  line of said Reserve A and also being in the North right-of-way line
  of Mercantile Parkway (R.O.W. varies) as recorded at Film Code
  No. 446143 of the Map Records of Harris County, Texas.
         THENCE in a Southwesterly with the South line of this tract of
  land, the South line of said Reserve A, the North right-of-way line
  of said Mercantile Parkway and said curve to the right having a
  central angle of 09°15'11", a radius of 500.00 feet, a length of
  80.75 feet and a chord bearing and distance of S 67°14'17" W, 80.66
  feet to the most Southerly Southwest corner of this tract of land
  and also being the Southeast corner of a called 1.459 acre tract of
  land conveyed to Levine Investments Limited Partnership as recorded
  at County Clerk's File No. 20080241652 of the Official Public
  Records of Real Property of Harris County, Texas; from this point a
  found 3/4 inch iron rod with cap stamped "Pate Surveyors" bears S
  58°23'35" W a distance of 0.21 feet.
         THENCE N 01°41'03" W with an interior line of this tract of
  land and the East line of said Levine Investments tract of land a
  distance of 243.47 feet to a found "X" for an angle point of this
  tract of land and also being the Northeast corner of said Levine
  Investments tract of land.
         THENCE S 88°20'27" W with the South line of this tract of and
  the North line of said Levine Investments tract of land a distance
  of 232.73 feet to a found 3/4 inch iron rod with cap stamped "Pate
  Surveyors" for the most Westerly Southwest corner of this tract of
  land, the Northwest corner of said Levine Investments tract of land
  and also being in the East right-of-way line of said State Highway
  99.
         THENCE N 04°51'27" E with the West line of this tract of land
  and the East right-of-way line of said State Highway 99 a distance
  of 330.09 feet to the PLACE OF BEGINNING; containing within said
  boundaries a calculated area of 4.09 acres (178,296 sq.ft.) of
  land.
         TRACT 4 - 1.78 ACRES
         Being all of Unrestricted Reserve D in Block 3 of Westside
  Mall, Section One according to the map or plat thereof as recorded
  at Film Code No. 462117 of the Map Records of Harris County, Texas.
         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, 2017.