85R26135 SMT-F
 
  By: Davis of Harris H.B. No. 4333
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Harris County Improvement District
  No. 24; providing authority to issue bonds; providing authority to
  impose assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 4, Special District Local Laws
  Code, is amended by adding Chapter 3799 to read as follows:
  CHAPTER 3799.  HARRIS COUNTY IMPROVEMENT DISTRICT NO. 24
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3799.001.  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. 24.
         Sec. 3799.002.  CREATION AND NATURE OF DISTRICT. The
  district is a special district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 3799.003.  PURPOSE; DECLARATION OF INTENT. (a) The
  creation of the district is essential to accomplish the purposes of
  Sections 52 and 52-a, Article III, and Section 59, Article XVI,
  Texas Constitution, and other public purposes stated in this
  chapter. By creating the district and in authorizing the city, the
  county, and other political subdivisions to contract with the
  district, the legislature has established a program to accomplish
  the public purposes set out in Section 52-a, Article III, Texas
  Constitution.
         (b)  The creation of the district is necessary to promote,
  develop, encourage, and maintain employment, commerce,
  transportation, housing, tourism, recreation, the arts,
  entertainment, economic development, safety, and the public
  welfare in the district.
         (c)  This chapter and the creation of the district may not be
  interpreted to relieve the city or county from providing the level
  of services provided as of the effective date of the Act enacting
  this chapter to the area in the district. The district is created
  to supplement and not to supplant city or county services provided
  in the district.
         Sec. 3799.004.  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. 3799.005.  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. 3799.006.  APPLICABILITY OF MUNICIPAL MANAGEMENT
  DISTRICTS LAW. Except as otherwise provided by this chapter,
  Chapter 375, Local Government Code, applies to the district.
         Sec. 3799.007.  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. 3799.051.  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 5 or more than 15 voting directors.
         Sec. 3799.052.  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. 3799.053.  NONVOTING DIRECTORS. The board may appoint
  nonvoting directors to serve at the pleasure of the voting
  directors.
         Sec. 3799.054.  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. 3799.055.  INITIAL VOTING DIRECTORS.  (a)  The initial
  board consists of the following voting directors:
 
Pos. No. Name of Director
 
1 Harry Masterson
 
2 Simmi Jaggi
 
3 Jay Houren
 
4 John Wade
 
5 Richard Fuqua
         (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 3799.052 does not apply to the initial voting
  directors.
         (d)  This section expires September 1, 2021.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 3799.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 3799.102.  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. 3799.103.  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. 3799.104.  LAW ENFORCEMENT SERVICES. To protect the
  public interest, the district may contract with a qualified party,
  including the city or the county, to provide law enforcement
  services in the district for a fee.
         Sec. 3799.105.  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. 3799.106.  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. 3799.107.  APPROVAL BY CITY.  (a)  Except as provided
  by Subsection (c), the district must obtain the approval of the city
  for:
               (1)  the issuance of bonds;
               (2)  the plans and specifications of an improvement
  project financed by bonds; and
               (3)  the plans and specifications of an improvement
  project related to the use of land owned by the city, an easement
  granted by the city, or a right-of-way of a street, road, or
  highway.
         (b)  The district may not issue bonds until the governing
  body of the city adopts a resolution or ordinance authorizing the
  issuance of the bonds.
         (c)  If the district obtains the approval of the city's
  governing body of a capital improvements budget for a period not to
  exceed 10 years, the district may finance the capital improvements
  and issue bonds specified in the budget without further approval
  from the city.
         (d)  The governing body of the city:
               (1)  is not required to adopt a resolution or ordinance
  to approve plans and specifications described by Subsection (a);
  and
               (2)  may establish an administrative process to approve
  plans and specifications described by Subsection (a) without the
  involvement of the governing body.
         Sec. 3799.108.  NO ANNEXATION POWER.  The district may not
  annex land without legislative approval.
         Sec. 3799.109.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
         Sec. 3799.151.  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. 3799.152.  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. 3799.153.  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. 3799.154.  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. 3799.155.  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. 3799.201.  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 3799.203.
         (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. 3799.202.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized by a majority of the district voters voting at an
  election held in accordance with Section 3799.201, 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. 3799.203.  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. 3799.204.  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. 3799.205.  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. 3799.206.  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. 24
  initially includes all territory contained in the following area:
         TRACT 1
         FIELD NOTE DESCRIPTION OF 5.369 ACRES (233,869 SQUARE FEET)
  OF LAND IN THE A.C. REYNOLDS SURVEY, ABSTRACT No. 61 AND BEING
  UNRESTRICTED RESERVE "A", HIGHLAND VILLAGE SHOPPING CENTER,
  SECTION ONE AS RECORDED IN FILM CODE 629155, HARRIS COUNTY MAP
  RECORDS, ALL BEING LOCATED IN THE CITY OF HOUSTON, HARRIS COUNTY,
  TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
  FOLLOWS:
         BEGINNING at a PK Nail with Shiner found for the intersection
  of the north right-of-way of Westheimer (80-feet wide) and the west
  right-of-way of Drexel Drive (60-feet wide), said point also being
  the southeast corner of Unrestricted Reserve "A";
         THENCE, S 86°49'28" W, along the north right-of-way line of
  Westheimer, common with the south line of Unrestricted Reserve "A",
  a distance of 767.10 feet to a PK Nail with Shiner found for the
  southwest corner of the herein described tract, said point being on
  the east line of the Union Pacific Railroad Fee Strip;
         THENCE, N 02°46'33" W, along the east line of the Union
  Pacific Railroad Fee Strip, common with the west line of
  Unrestricted Reserve "A", a distance of 300.00 feet to a 5/8-inch
  iron rod with cap found for the northwest corner of the herein
  described tract, said point also being the southwest corner of Oak
  Estates Subdivision, Section Two as recorded in Volume 35, Page 43
  Harris County Map Records;
         THENCE, N 86°49'28" E, along the south line of Oak Estates
  Subdivision, Section Two, common with the north line of
  Unrestricted Reserve "A", a distance of 657.84 feet to a 5/8-inch
  iron rod with cap found for an interior corner of the herein
  described tract and being the southeast corner of Oak Estates
  Subdivision, Section Two;
         THENCE, N 02°11'30" W, along the west line of Oak Estates
  Subdivision, Section Two, a distance of 5.14 feet to a 5/8-inch iron
  rod with cap found for an interior corner of the herein described
  tract, said point being the southwest corner of Block Six, Oak
  Estates Subdivision, Section One;
         THENCE, N 87°12'29" E, along the south line of Block Six,
  common with the north line of Unrestricted Reserve "A", a distance
  of 163.65 feet to a 5/8-inch iron rod with cap found for the
  northeast corner of the herein described tract, said point being on
  the west right-of-way line of Drexel Drive and being on a
  non-tangent curve to the left;
         THENCE, along the aforementioned curve to the left, being the
  west right-of-way line of Drexel Drive, common with the east line of
  Unrestricted Reserve "A", having a radius of 338.66 feet, a delta of
  32°58'06", an arc length of 194.87 feet, a chord bearing of S
  13°41'31" W, and a chord distance of 192.19 feet to a PK Nail with
  Shiner found for a point of tangency;
         THENCE, S 02°47'32" E, along the west right-of-way line of
  Drexel Drive, common with the east line of Unrestricted Reserve
  "A", a distance of 120.12 feet to the POINT OF BEGINNING and
  containing 5.369 acres (233,869 square feet) of land.
         TRACT 2
         FIELD NOTE DESCRIPTION OF 4.0363 ACRES (175,820 SQUARE FEET)
  OF LAND COMPRISED OF RESERVE "B" AND ALL OF THE UNRESTRICTED TRACT
  EAST OF DREXEL DRIVE IN THE PLAT OF OAK ESTATES, SECTION ONE, AS
  RECORDED IN VOLUME 31, PAGE 67, H.C.M.R., ALL LOCATED IN THE CITY OF
  HOUSTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
  BOUNDS AS FOLLOWS:
         BEGINNING at a PK Nail found for the intersection of the north
  right-of-way line of Westheimer Road (80-feet wide) and the east
  right-of-way line of Drexel Drive (60-feet wide) and being the
  southwest corner of the herein described tract;
         THENCE, N 02°47'32" W, along the east right-of-way line of
  Drexel Drive, a distance of 119.72 feet to an "X" cut in concrete
  for the point of a curve to the right;
         THENCE, along the aforementioned curve to the right, being
  the east right-of-way line of Drexel Drive, having a radius of
  278.66 feet, a delta of 41°24'04", an arc length of 201.36 feet, a
  chord bearing of N 17°54'30" E and a chord distance of 197.00 feet to
  a 5/8-inch iron rod set with cap for the northwest corner of the
  herein described tract, said point also being the southwest corner
  of Block 8, Oak Estates, Section One;
         THENCE N 87°12'33" E, along the south line of Block 8, a
  distance of 527.04 feet to a 5/8-inch iron rod with cap set for the
  southeast corner of Block 8, common with the northeast corner of the
  herein described tract, said point also being on the west line of a
  tract conveyed to Walgreens Co. Store No. 1582 and recorded in
  Harris County Clerk's File No. J782393;
         THENCE, S 02°21'32" E, along the west line of the Walgreens
  Co. Store No. 1582 tract, a distance of 300.02 feet to a PK Nail
  found for the southwest corner of the Walgreens Co. Store No. 1582
  tract, common with the southeast corner of the herein described
  tract and being on the north right-of-way line of Westheimer Road;
         THENCE, S 86°49'28" W, along the north right-of-way line of
  Westheimer Road, a distance of 594.42 feet to the POINT OF BEGINNING
  and containing 4.0363 acres (175,820 square feet) of land.
         TRACT 3
         FIELD NOTE DESCRIPTION OF 3.5246 ACRES (153,531 SQUARE FEET)
  BEING THE RESERVED TRACT LOCATED BETWEEN SUFFOLK DRIVE AND DREXEL
  DRIVE, IN THE PLAT OF HIGHLAND VILLAGE SUBDIVISION, AS RECORDED IN
  VOLUME 27, PAGE 42, H.C.M.R., ALL BEING LOCATED IN THE CITY OF
  HOUSTON, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
  BOUNDS AS FOLLOWS:
         BEGINNING at a PK Nail found for the intersection of the south
  right-of-way line of Westheimer Road (80-feet wide) and the west
  right-of-way line of Drexel Drive (60-feet wide) and being the
  northeast corner of the herein described tract;
         THENCE, along a curve to the left, being the west
  right-of-way line of Drexel Drive, having a radius of 337.92 feet, a
  delta of 24°46'37", an arc length of 146.13 feet, a chord bearing of
  S 15°31'55" E and a chord distance of 144.99 feet to a point of
  tangency;
         THENCE, S 27°54'33" E, along the west right-of-way line of
  Drexel Drive, a distance of 0.28 feet to a point for a curve to the
  right;
         THENCE, along the aforementioned curve to the right, being
  the west right-of-way line of Drexel Drive, having a radius of
  249.66 feet, a delta of 27°15'42", an arc length of 118.79 feet, a
  chord bearing of S 14°16'42" E and a chord distance of 117.67 feet to
  a point of tangency;
         THENCE, S 00°40'36" E, along the west right-of-way line of
  Drexel Drive, a distance of 2.40 feet to a 1/2-inch iron rod found
  for the southeast corner of the herein described tract, said point
  also being the northeast corner of Block 6, Highland Village
  Subdivision;
         THENCE, S 86°49'28" W, along the north line of Block 6, a
  distance of 652.48 feet to a 1/2-inch iron rod with cap found for
  the southwest corner of the herein described tract, common with the
  northwest corner of Block 6 and being on a non-tangent curve to the
  right;
         THENCE, along the aforementioned curve to the right, being
  the east right-of-way line of Suffolk Drive, having a radius of
  240.45 feet, a delta of 24°59'21", an arc length of 104.87 feet, a
  chord bearing of N 09°44'58" E and a chord distance of 104.04 feet to
  a point of tangency;
         THENCE, N 22°14'38" E, along the east right-of-way line of
  Suffolk Drive, a distance of 34.45 feet to a point for a curve to the
  left;
         THENCE, along the aforementioned curve to the left, being the
  east right-of-way line of Suffolk Drive, having a radius of 296.96
  feet, a delta of 25°22'34", an arc length of 131.52 feet, a chord
  bearing of N 09°33'21" E and a chord distance of 130.45 feet to a
  1/2-inch iron rod with cap found for the northwest corner of the
  herein described tract and being on the south right-of-way line of
  Westheimer Road;
         THENCE, N 86°49'28" E, along the south right-of-way line of
  Westheimer Road, a distance of 532.00 feet to the POINT OF BEGINNING
  and containing 3.5246 acres (153,531 square feet) of land.
         TRACT 4
         FIELD NOTE DESCRIPTION OF 0.8377 ACRES (36,492 SQUARE FEET)
  BEING RESERVES A & B AND THE RESERVED TRACT EAST OF DREXEL, IN THE
  PLAT OF HIGHLAND VILLAGE SUBDIVISION AS RECORDED IN VOLUME 27, PAGE
  42, H.C.M.R., ALL BEING LOCATED IN THE CITY OF HOUSTON, TEXAS AND
  BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
         BEGINNING at a PK Nail found for the intersection of the south
  right-of-way line of Westheimer Road (80-feet wide) and the east
  right-of-way line of Drexel Drive (60-feet wide) and being the
  northwest corner of the herein described tract;
         THENCE, N 86°49'28" E, along the south right-of-way line of
  Westheimer Road, a distance of 175.00 feet to a 5/8-inch iron rod
  found for the northeast corner of the herein described tract, said
  point being the northwest corner of a called 1.7783 acre tract
  conveyed to Weshy, Ltd. Under Harris County Clerk's File
  No. S582699;
         THENCE, S 00°40'36" E, along the west line of the called
  1.7783 acre tract, a distance of 260.01 feet to a 5/8-inch iron rod
  with cap set for the southeast corner of the herein described tract,
  said point also being the northeast corner of Block 1, Highland
  Village Subdivision;
         THENCE, S 86°49'28" W, along the north line of Block 1, a
  distance of 109.93 feet to a 1/2-inch iron rod found for the
  southwest corner of the herein described tract, common with the
  northwest corner of Block 1 and being on a non-tangent curve to the
  left;
         THENCE, along the aforementioned curve to the left, being the
  east right-of-way line of Drexel Drive, having a radius of 309.66
  feet, a delta of 27°12'57", an arc length of 147.09 feet, a chord
  bearing of N 14°18'05" W and a chord distance of 145.71 feet to a
  point of tangency;
         THENCE, N 27°54'33" W, along the east right-of-way line of
  Drexel Drive, a distance of 0.28 feet to a point for a curve to the
  right;
         THENCE, along the aforementioned curve to the right, being
  the east right-of-way line of Drexel Drive, having a radius of
  277.92 feet, a delta of 24°47'10", an arc length of 120.23 feet, a
  chord bearing of N 15°30'58" W and a chord distance of 119.29 feet to
  the POINT OF BEGINNING and containing 0.8377 acres (36,492 square
  feet) of land.
         TRACT 5
         FIELD NOTE DESCRIPTION OF 0.8429 ACRES (36,717 SQUARE FEET)
  BEING THE RESERVED TRACT LOCATED WEST OF SUFFOLK DRIVE, IN THE PLAT
  OF HIGHLAND VILLAGE SUBDIVISION, AS RECORDED IN VOLUME 27, PAGE 42,
  H.C.M.R., ALL BEING LOCATED IN THE CITY OF HOUSTON, TEXAS AND BEING
  MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
         BEGINNING at a point for the Intersection of the south
  right-of-way line of Westheimer Road (80-feet wide) and the west
  right-of-way line of Suffolk Drive (60-feet wide) and being the
  northeast corner of the herein described tract;
         THENCE, along a curve to the right, being the west
  right-of-way line of Suffolk Drive, having a radius of 236.96 feet,
  a delta of 25°21'55", an arc length of 104.90 feet, a chord bearing
  of S 09°33'41" W and a chord distance of 104.05 feet to a point of
  tangency;
         THENCE, S 22°14'38" W, along the west right-of-way line of
  Suffolk Drive, a distance of 34.45 feet to a point for a curve to the
  left;
         THENCE, along the aforementioned curve to the left, being the
  west right-of-way line of Suffolk Drive, having a radius of 300.45
  feet, a delta of 25°01'11", an arc length of 131.20 feet, a chord
  bearing of S 09°44'02" W and a chord distance of 130.16 feet to a
  point of tangency;
         THENCE, S 02°46'33" E, along the west right-of-way line of
  Suffolk Drive, a distance of 0.29 feet to the southeast corner of
  the herein described tract, said point also being the northeast of
  Unrestricted Reserve "A", Highland Village Subdivision, Partial
  Replat No. 1 as recorded in Film Code 630209 H.C.M.R.;
         THENCE, S 86°49'28" W, along the north line of Unrestricted
  Reserve "A", a distance of 110.00 feet to the southwest corner of
  the herein described tract, common with the northwest corner of
  Unrestricted Reserve "A" and being on the east line of the Union
  Pacific tract;
         THENCE, N 02°46'33" W, along the east line of the Union
  Pacific tract, a distance of 259.77 feet to the northwest corner of
  the herein described tract and being on the south right-of-way line
  of Westheimer Road;
         THENCE, N 86°49'28" E, along the south right-of-way line of
  Westheimer Road, a distance of 175.00 feet to the POINT OF BEGINNING
  and containing 0.8429 acres (36,717 square feet) of land.
         TRACT 6
         FIELD NOTE DESCRIPTION OF 0.5050 ACRES (22,000 SQUARE FEET)
  BEING ALL OF UNRESTRICTED RESERVE A, HIGHLAND VILLAGE PARTIAL
  REPLAT No. 1 AS RECORDED IN FILM CODE 630209 H.C.M.R., ALL BEING
  LOCATED IN THE CITY OF HOUSTON, TEXAS AND BEING MORE PARTICULARLY
  DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
         COMMENCING at a point for the intersection of the south
  right-of-way line of Westheimer Road (80-feet wide) and the west
  right-of-way line of Suffolk Drive (60-feet wide) and being the
  northeast corner of the of the Highland Village Reserved Tract as
  recorded in Volume 027, Page 042, Harris County Map Records and
  being on a non-tangent curve to the right;
         THENCE, along a curve to the right, being the west
  right-of-way line of Suffolk Drive, having a radius of 236.96 feet,
  a delta of 25°21'55", an arc length of 104.90 feet, a chord bearing
  of S 09°33'41" W and a chord distance of 104.05 feet to a point of
  tangency;
         THENCE, S 22°14'38" W, along the west right-of-way line of
  Suffolk Drive, a distance of 34.45 feet to a point for a curve to the
  left;
         THENCE, along the aforementioned curve to the left, being the
  west right-of-way line of Suffolk Drive, having a radius of 300.45
  feet, a delta of 25°01'11", an arc length of 131.20 feet, a chord
  bearing of S 09°44'02" W and a chord distance of 130.16 feet to a
  point of tangency;
         THENCE, S 02°46'33" E, along the west right-of-way line of
  Suffolk Drive, a distance of 0.29 feet to the POINT OF BEGINNING and
  the northeast corner Unrestricted Reserve "A";
         THENCE, S 02°46'33" E, along the west right-of-way line of
  Suffolk Drive, a distance of 200.00 feet to the southeast corner of
  the herein described tract, said point also being the northeast of
  the remainder of Lot 83, Highland Village Subdivision;
         THENCE, S 86°49'28" W, along the north line of the remainder
  of Lot 83, a distance of 110.00 feet to the southwest corner of the
  herein described tract, common with the northwest corner of the
  remainder of Lot 83 and being on the east line of the Union Pacific
  tract;
         THENCE, N 02°46'33" W, along the east line of the Union
  Pacific tract, a distance of 200.00 feet to the northwest corner of
  Unrestricted Reserve "A";
         THENCE, N 86°49'28" E, along the north line of Unrestricted
  Reserve "A", a distance of 110.00 feet to the POINT OF BEGINNING and
  containing 0.5050 acres (22,000 square feet) of land.
         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.