1 | 1 | | 83R21103 JSL-F |
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2 | 2 | | By: Dutton H.B. No. 1378 |
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3 | 3 | | Substitute the following for H.B. No. 1378: |
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4 | 4 | | By: Miller of Comal C.S.H.B. No. 1378 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the creation of Harris County Improvement District |
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10 | 10 | | No. 23; providing authority to issue bonds; providing authority to |
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11 | 11 | | impose assessments, fees, or taxes. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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14 | 14 | | Code, is amended by adding Chapter 3910 to read as follows: |
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15 | 15 | | CHAPTER 3910. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 23 |
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16 | 16 | | SUBCHAPTER A. GENERAL PROVISIONS |
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17 | 17 | | Sec. 3910.001. DEFINITIONS. In this chapter: |
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18 | 18 | | (1) "Board" means the district's board of directors. |
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19 | 19 | | (2) "City" means the City of Houston. |
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20 | 20 | | (3) "County" means Harris County. |
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21 | 21 | | (4) "Director" means a board member. |
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22 | 22 | | (5) "District" means the Harris County Improvement |
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23 | 23 | | District No. 23. |
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24 | 24 | | (6) "East End district" means the Greater East End |
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25 | 25 | | Management District created under Chapter 3807. |
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26 | 26 | | Sec. 3910.002. NATURE OF DISTRICT. The Harris County |
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27 | 27 | | Improvement District No. 23 is a special district created under |
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28 | 28 | | Section 59, Article XVI, Texas Constitution. |
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29 | 29 | | Sec. 3910.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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30 | 30 | | creation of the district is essential to accomplish the purposes of |
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31 | 31 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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32 | 32 | | Texas Constitution, and other public purposes stated in this |
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33 | 33 | | chapter. By creating the district and in authorizing the city, the |
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34 | 34 | | county, and other political subdivisions to contract with the |
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35 | 35 | | district, the legislature has established a program to accomplish |
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36 | 36 | | the public purposes set out in Section 52-a, Article III, Texas |
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37 | 37 | | Constitution. |
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38 | 38 | | (b) The creation of the district is necessary to promote, |
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39 | 39 | | develop, encourage, and maintain employment, commerce, |
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40 | 40 | | transportation, housing, tourism, recreation, the arts, |
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41 | 41 | | entertainment, economic development, safety, and the public |
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42 | 42 | | welfare in the district, and to accomplish the redevelopment of the |
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43 | 43 | | land in the district. |
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44 | 44 | | (c) This chapter and the creation of the district may not be |
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45 | 45 | | interpreted to relieve the city or the county from providing the |
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46 | 46 | | level of services provided as of the effective date of the Act |
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47 | 47 | | enacting this chapter to the area in the district. The district is |
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48 | 48 | | created to supplement and not to supplant East End district, city, |
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49 | 49 | | or county services provided in the district. |
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50 | 50 | | Sec. 3910.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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51 | 51 | | The district is created to serve a public use and benefit. |
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52 | 52 | | (b) All land and other property included in the district |
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53 | 53 | | will benefit from the improvements and services to be provided by |
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54 | 54 | | the district under powers conferred by Sections 52 and 52-a, |
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55 | 55 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
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56 | 56 | | other powers granted under this chapter. |
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57 | 57 | | (c) The creation of the district is in the public interest |
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58 | 58 | | and is essential to further the public purposes of: |
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59 | 59 | | (1) developing and diversifying the economy of the |
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60 | 60 | | state; |
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61 | 61 | | (2) eliminating unemployment and underemployment; and |
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62 | 62 | | (3) developing or expanding transportation and |
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63 | 63 | | commerce. |
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64 | 64 | | (d) The district will: |
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65 | 65 | | (1) promote the health, safety, and general welfare of |
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66 | 66 | | residents, employers, potential employees, employees, visitors, |
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67 | 67 | | and consumers in the district, and of the public; |
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68 | 68 | | (2) provide needed funding for the district to |
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69 | 69 | | preserve, maintain, and enhance the economic health and vitality of |
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70 | 70 | | the district territory as a community and business center; |
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71 | 71 | | (3) promote the health, safety, welfare, and enjoyment |
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72 | 72 | | of the public by providing pedestrian ways and by landscaping and |
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73 | 73 | | developing certain areas in the district, which are necessary for |
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74 | 74 | | the restoration, preservation, and enhancement of scenic beauty; |
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75 | 75 | | and |
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76 | 76 | | (4) provide for water, wastewater, drainage, road, and |
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77 | 77 | | recreational facilities for the district. |
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78 | 78 | | (e) Pedestrian ways along or across a street, whether at |
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79 | 79 | | grade or above or below the surface, and street lighting, street |
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80 | 80 | | landscaping, parking, and street art objects are parts of and |
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81 | 81 | | necessary components of a street and are considered to be a street |
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82 | 82 | | or road improvement. |
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83 | 83 | | (f) The district will not act as the agent or |
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84 | 84 | | instrumentality of any private interest even though the district |
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85 | 85 | | will benefit many private interests as well as the public. |
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86 | 86 | | Sec. 3910.005. INITIAL DISTRICT TERRITORY. (a) The |
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87 | 87 | | district is initially composed of the territory described by |
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88 | 88 | | Section 2 of the Act enacting this chapter. |
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89 | 89 | | (b) The boundaries and field notes contained in Section 2 of |
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90 | 90 | | the Act enacting this chapter form a closure. A mistake in the |
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91 | 91 | | field notes or in copying the field notes in the legislative process |
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92 | 92 | | does not affect the district's: |
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93 | 93 | | (1) organization, existence, or validity; |
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94 | 94 | | (2) right to issue any type of bond for the purposes |
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95 | 95 | | for which the district is created or to pay the principal of and |
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96 | 96 | | interest on the bond; |
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97 | 97 | | (3) right to impose or collect an assessment or tax; or |
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98 | 98 | | (4) legality or operation. |
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99 | 99 | | Sec. 3910.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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100 | 100 | | All or any part of the area of the district is eligible to be |
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101 | 101 | | included in: |
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102 | 102 | | (1) a tax increment reinvestment zone created under |
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103 | 103 | | Chapter 311, Tax Code; |
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104 | 104 | | (2) a tax abatement reinvestment zone created under |
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105 | 105 | | Chapter 312, Tax Code; |
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106 | 106 | | (3) an enterprise zone created under Chapter 2303, |
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107 | 107 | | Government Code; or |
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108 | 108 | | (4) an industrial district created under Chapter 42, |
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109 | 109 | | Local Government Code. |
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110 | 110 | | Sec. 3910.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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111 | 111 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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112 | 112 | | Chapter 375, Local Government Code, applies to the district. |
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113 | 113 | | Sec. 3910.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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114 | 114 | | be liberally construed in conformity with the findings and purposes |
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115 | 115 | | stated in this chapter. |
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116 | 116 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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117 | 117 | | Sec. 3910.051. GOVERNING BODY; TERMS. (a) The district is |
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118 | 118 | | governed by a board of nine voting directors who serve staggered |
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119 | 119 | | terms of four years, with four or five directors' terms expiring |
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120 | 120 | | June 1 of each odd-numbered year. |
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121 | 121 | | (b) The board by resolution may change the number of voting |
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122 | 122 | | directors on the board if the board determines that the change is in |
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123 | 123 | | the best interest of the district. The board may not consist of |
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124 | 124 | | fewer than 5 or more than 15 voting directors. |
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125 | 125 | | Sec. 3910.052. APPOINTMENT OF VOTING DIRECTORS. The mayor |
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126 | 126 | | and members of the governing body of the city shall appoint voting |
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127 | 127 | | directors from persons recommended by the board. A person is |
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128 | 128 | | appointed if a majority of the members of the governing body and the |
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129 | 129 | | mayor vote to appoint that person. |
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130 | 130 | | Sec. 3910.053. NONVOTING DIRECTORS. The board may appoint |
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131 | 131 | | nonvoting directors to serve at the pleasure of the voting |
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132 | 132 | | directors. |
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133 | 133 | | Sec. 3910.054. QUORUM. For purposes of determining the |
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134 | 134 | | requirements for a quorum of the board, the following are not |
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135 | 135 | | counted: |
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136 | 136 | | (1) a board position vacant for any reason, including |
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137 | 137 | | death, resignation, or disqualification; |
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138 | 138 | | (2) a director who is abstaining from participation in |
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139 | 139 | | a vote because of a conflict of interest; or |
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140 | 140 | | (3) a nonvoting director. |
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141 | 141 | | Sec. 3910.055. COMPENSATION. A director is entitled to |
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142 | 142 | | receive fees of office and reimbursement for actual expenses as |
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143 | 143 | | provided by Section 49.060, Water Code. Sections 375.069 and |
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144 | 144 | | 375.070, Local Government Code, do not apply to the board. |
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145 | 145 | | Sec. 3910.056. INITIAL VOTING DIRECTORS. (a) The initial |
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146 | 146 | | board consists of the following voting directors: |
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147 | 147 | | Pos. No. Name of Director Pos. No. Name of Director |
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148 | 148 | | Pos. No. Name of Director |
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149 | 149 | | 1 Dan Lipnick 1 Dan Lipnick |
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150 | 150 | | 1 Dan Lipnick |
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151 | 151 | | 2 Hien Le 2 Hien Le |
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152 | 152 | | 2 Hien Le |
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153 | 153 | | 3 Ndukwe Kalu 3 Ndukwe Kalu |
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154 | 154 | | 3 Ndukwe Kalu |
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155 | 155 | | 4 Adam Williams 4 Adam Williams |
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156 | 156 | | 4 Adam Williams |
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157 | 157 | | 5 Kenady Davis 5 Kenady Davis |
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158 | 158 | | 5 Kenady Davis |
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159 | 159 | | 6 Jeremy Brown 6 Jeremy Brown |
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160 | 160 | | 6 Jeremy Brown |
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161 | 161 | | 7 Jon Herbster 7 Jon Herbster |
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162 | 162 | | 7 Jon Herbster |
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163 | 163 | | 8 Carver L. Henry 8 Carver L. Henry |
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164 | 164 | | 8 Carver L. Henry |
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165 | 165 | | 9 Charles McCloud 9 Charles McCloud |
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166 | 166 | | 9 Charles McCloud |
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167 | 167 | | (b) Of the initial directors, the terms of directors |
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168 | 168 | | appointed for positions one through five expire June 1, 2015, and |
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169 | 169 | | the terms of directors appointed for positions six through nine |
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170 | 170 | | expire June 1, 2017. |
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171 | 171 | | (c) Section 3910.052 does not apply to this section. |
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172 | 172 | | (d) This section expires September 1, 2017. |
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173 | 173 | | SUBCHAPTER C. POWERS AND DUTIES |
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174 | 174 | | Sec. 3910.101. GENERAL POWERS AND DUTIES. The district has |
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175 | 175 | | the powers and duties necessary to accomplish the purposes for |
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176 | 176 | | which the district is created. |
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177 | 177 | | Sec. 3910.102. IMPROVEMENT PROJECTS AND SERVICES. Subject |
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178 | 178 | | to Section 3910.113, the district may provide, design, construct, |
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179 | 179 | | acquire, improve, relocate, operate, maintain, or finance an |
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180 | 180 | | improvement project or service using any money available to the |
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181 | 181 | | district, or contract with a governmental or private entity to |
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182 | 182 | | provide, design, construct, acquire, improve, relocate, operate, |
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183 | 183 | | maintain, or finance an improvement or service authorized under |
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184 | 184 | | this chapter or Chapter 375, Local Government Code. |
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185 | 185 | | Sec. 3910.103. DEVELOPMENT CORPORATION POWERS. The |
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186 | 186 | | district, using money available to the district, may exercise the |
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187 | 187 | | powers given to a development corporation under Chapter 505, Local |
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188 | 188 | | Government Code, including the power to own, operate, acquire, |
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189 | 189 | | construct, lease, improve, or maintain a project under that |
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190 | 190 | | chapter. |
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191 | 191 | | Sec. 3910.104. NONPROFIT CORPORATION. (a) The board by |
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192 | 192 | | resolution may authorize the creation of a nonprofit corporation to |
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193 | 193 | | assist and act for the district in implementing a project or |
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194 | 194 | | providing a service authorized by this chapter. |
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195 | 195 | | (b) The nonprofit corporation: |
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196 | 196 | | (1) has each power of and is considered to be a local |
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197 | 197 | | government corporation created under Subchapter D, Chapter 431, |
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198 | 198 | | Transportation Code; and |
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199 | 199 | | (2) may implement any project and provide any service |
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200 | 200 | | authorized by this chapter. |
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201 | 201 | | (c) The board shall appoint the board of directors of the |
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202 | 202 | | nonprofit corporation. The board of directors of the nonprofit |
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203 | 203 | | corporation shall serve in the same manner as the board of directors |
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204 | 204 | | of a local government corporation created under Subchapter D, |
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205 | 205 | | Chapter 431, Transportation Code, except that a board member is not |
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206 | 206 | | required to reside in the district. |
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207 | 207 | | Sec. 3910.105. AGREEMENTS; GRANTS. (a) As provided by |
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208 | 208 | | Chapter 375, Local Government Code, the district may make an |
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209 | 209 | | agreement with or accept a gift, grant, or loan from any person. |
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210 | 210 | | (b) The implementation of a project is a governmental |
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211 | 211 | | function or service for the purposes of Chapter 791, Government |
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212 | 212 | | Code. |
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213 | 213 | | Sec. 3910.106. LAW ENFORCEMENT SERVICES. To protect the |
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214 | 214 | | public interest, the district may contract with a qualified party, |
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215 | 215 | | including the county or the city, to provide law enforcement |
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216 | 216 | | services in the district for a fee. |
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217 | 217 | | Sec. 3910.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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218 | 218 | | district may join and pay dues to a charitable or nonprofit |
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219 | 219 | | organization that performs a service or provides an activity |
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220 | 220 | | consistent with the furtherance of a district purpose. |
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221 | 221 | | Sec. 3910.108. ECONOMIC DEVELOPMENT. (a) The district may |
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222 | 222 | | engage in activities that accomplish the economic development |
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223 | 223 | | purposes of the district. |
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224 | 224 | | (b) The district may establish and provide for the |
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225 | 225 | | administration of one or more programs to promote state or local |
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226 | 226 | | economic development and to stimulate business and commercial |
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227 | 227 | | activity in the district, including programs to: |
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228 | 228 | | (1) make loans and grants of public money; and |
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229 | 229 | | (2) provide district personnel and services. |
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230 | 230 | | (c) The district may create economic development programs |
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231 | 231 | | and exercise the economic development powers provided to |
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232 | 232 | | municipalities by: |
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233 | 233 | | (1) Chapter 380, Local Government Code; and |
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234 | 234 | | (2) Subchapter A, Chapter 1509, Government Code. |
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235 | 235 | | Sec. 3910.109. PARKING FACILITIES. (a) The district may |
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236 | 236 | | acquire, lease as lessor or lessee, construct, develop, own, |
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237 | 237 | | operate, and maintain parking facilities or a system of parking |
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238 | 238 | | facilities, including lots, garages, parking terminals, or other |
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239 | 239 | | structures or accommodations for parking motor vehicles off the |
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240 | 240 | | streets and related appurtenances. |
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241 | 241 | | (b) The district's parking facilities serve the public |
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242 | 242 | | purposes of the district and are owned, used, and held for a public |
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243 | 243 | | purpose even if leased or operated by a private entity for a term of |
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244 | 244 | | years. |
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245 | 245 | | (c) The district's parking facilities are parts of and |
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246 | 246 | | necessary components of a street and are considered to be a street |
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247 | 247 | | or road improvement. |
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248 | 248 | | (d) The development and operation of the district's parking |
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249 | 249 | | facilities may be considered an economic development program. |
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250 | 250 | | Sec. 3910.110. ANNEXATION OF LAND. The district may annex |
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251 | 251 | | land as provided by Subchapter J, Chapter 49, Water Code. |
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252 | 252 | | Sec. 3910.111. NAVIGATION DISTRICT POWERS. (a) The |
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253 | 253 | | district has the powers provided by the general law of this state |
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254 | 254 | | applicable to navigation districts created under Section 59, |
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255 | 255 | | Article XVI, Texas Constitution, including Chapters 60 and 62, |
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256 | 256 | | Water Code. |
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257 | 257 | | (b) The district may purchase, construct, acquire, own, |
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258 | 258 | | operate, maintain, improve, or extend, inside and outside the |
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259 | 259 | | district, a canal, waterway, bulkhead, dock, or other improvement |
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260 | 260 | | or facility necessary or convenient to accomplish the navigation |
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261 | 261 | | purposes of the district. |
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262 | 262 | | Sec. 3910.112. APPROVAL BY CITY. (a) Except as provided by |
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263 | 263 | | Subsection (c), the district must obtain the approval of the city |
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264 | 264 | | for: |
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265 | 265 | | (1) the issuance of bonds; |
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266 | 266 | | (2) the plans and specifications of an improvement |
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267 | 267 | | project financed by bonds; and |
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268 | 268 | | (3) the plans and specifications of an improvement |
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269 | 269 | | project related to the use of land owned by the city, an easement |
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270 | 270 | | granted by the city, or a right-of-way of a street, road, or |
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271 | 271 | | highway. |
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272 | 272 | | (b) The district may not issue bonds until the governing |
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273 | 273 | | body of the city adopts a resolution or ordinance authorizing the |
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274 | 274 | | issuance of the bonds. |
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275 | 275 | | (c) If the district obtains the approval of the city's |
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276 | 276 | | governing body of a capital improvements budget for a period not to |
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277 | 277 | | exceed 10 years, the district may finance the capital improvements |
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278 | 278 | | and issue bonds specified in the budget without further approval |
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279 | 279 | | from the city. |
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280 | 280 | | (d) The governing body of the city: |
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281 | 281 | | (1) is not required to adopt a resolution or ordinance |
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282 | 282 | | to approve plans and specifications described by Subsection (a); |
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283 | 283 | | and |
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284 | 284 | | (2) may establish an administrative process to approve |
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285 | 285 | | plans and specifications described by Subsection (a) without the |
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286 | 286 | | involvement of the governing body. |
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287 | 287 | | Sec. 3910.113. COORDINATION WITH EAST END DISTRICT. In |
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288 | 288 | | determining the improvement projects or services the district |
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289 | 289 | | provides, the district shall coordinate its efforts with the |
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290 | 290 | | efforts of the East End district to achieve governmental efficiency |
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291 | 291 | | and avoid duplication of improvement projects or services. The |
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292 | 292 | | district may not duplicate an improvement project or service that |
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293 | 293 | | the East End district provides in the same territory. |
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294 | 294 | | Sec. 3910.114. NO EMINENT DOMAIN POWER. The district may |
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295 | 295 | | not exercise the power of eminent domain. |
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296 | 296 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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297 | 297 | | Sec. 3910.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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298 | 298 | | board by resolution shall establish the number of directors' |
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299 | 299 | | signatures and the procedure required for a disbursement or |
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300 | 300 | | transfer of district money. |
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301 | 301 | | Sec. 3910.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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302 | 302 | | The district may acquire, construct, finance, operate, or maintain |
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303 | 303 | | any improvement or service authorized under this chapter or Chapter |
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304 | 304 | | 375, Local Government Code, using any money available to the |
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305 | 305 | | district. |
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306 | 306 | | Sec. 3910.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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307 | 307 | | IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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308 | 308 | | service or improvement project with assessments under this chapter |
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309 | 309 | | unless a written petition requesting that service or improvement |
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310 | 310 | | has been filed with the board. |
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311 | 311 | | (b) A petition filed under Subsection (a) must be signed by |
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312 | 312 | | the owners of a majority of the assessed value of real property in |
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313 | 313 | | the district subject to assessment according to the most recent |
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314 | 314 | | certified tax appraisal roll for the county. |
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315 | 315 | | Sec. 3910.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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316 | 316 | | The board by resolution may impose and collect an assessment for any |
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317 | 317 | | purpose authorized by this chapter in all or any part of the |
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318 | 318 | | district. |
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319 | 319 | | (b) An assessment, a reassessment, or an assessment |
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320 | 320 | | resulting from an addition to or correction of the assessment roll |
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321 | 321 | | by the district, penalties and interest on an assessment or |
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322 | 322 | | reassessment, an expense of collection, and reasonable attorney's |
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323 | 323 | | fees incurred by the district: |
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324 | 324 | | (1) are a first and prior lien against the property |
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325 | 325 | | assessed; |
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326 | 326 | | (2) are superior to any other lien or claim other than |
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327 | 327 | | a lien or claim for county, school district, or municipal ad valorem |
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328 | 328 | | taxes; and |
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329 | 329 | | (3) are the personal liability of and a charge against |
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330 | 330 | | the owners of the property even if the owners are not named in the |
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331 | 331 | | assessment proceedings. |
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332 | 332 | | (c) The lien is effective from the date of the board's |
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333 | 333 | | resolution imposing the assessment until the date the assessment is |
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334 | 334 | | paid. The board may enforce the lien in the same manner that the |
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335 | 335 | | board may enforce an ad valorem tax lien against real property. |
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336 | 336 | | (d) The board may make a correction to or deletion from the |
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337 | 337 | | assessment roll that does not increase the amount of assessment of |
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338 | 338 | | any parcel of land without providing notice and holding a hearing in |
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339 | 339 | | the manner required for additional assessments. |
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340 | 340 | | Sec. 3910.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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341 | 341 | | 375.161, Local Government Code, does not apply to a tax authorized |
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342 | 342 | | or approved by the voters of the district or a required payment for |
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343 | 343 | | a service provided by the district, including water and sewer |
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344 | 344 | | services. |
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345 | 345 | | Sec. 3910.156. NOTICE TO EAST END DISTRICT. The district |
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346 | 346 | | shall send to the board of directors of the East End district notice |
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347 | 347 | | of a hearing regarding an improvement project or service that is to |
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348 | 348 | | be financed with assessments under this chapter. The district shall |
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349 | 349 | | send the notice by certified mail, return receipt requested, or by |
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350 | 350 | | another method determined by the board to provide adequate proof |
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351 | 351 | | that the notice was timely mailed, not later than the 30th day |
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352 | 352 | | before the date of the hearing. The notice must contain the |
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353 | 353 | | information required by Section 375.115(b), Local Government Code. |
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354 | 354 | | Sec. 3910.157. TAX AND ASSESSMENT ABATEMENTS. The district |
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355 | 355 | | may designate reinvestment zones and may grant abatements of |
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356 | 356 | | district taxes or assessments on property in the zones. |
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357 | 357 | | SUBCHAPTER E. TAXES AND BONDS |
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358 | 358 | | Sec. 3910.201. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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359 | 359 | | The district may issue, without an election, bonds, notes, and |
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360 | 360 | | other obligations secured by: |
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361 | 361 | | (1) revenue other than ad valorem taxes; or |
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362 | 362 | | (2) contract payments described by Section 3910.203. |
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363 | 363 | | (b) The district must hold an election in the manner |
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364 | 364 | | provided by Subchapter L, Chapter 375, Local Government Code, to |
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365 | 365 | | obtain voter approval before the district may impose an ad valorem |
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366 | 366 | | tax or issue bonds payable from ad valorem taxes. |
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367 | 367 | | (c) Section 375.243, Local Government Code, does not apply |
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368 | 368 | | to the district. |
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369 | 369 | | (d) All or any part of any facilities or improvements that |
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370 | 370 | | may be acquired by a district by the issuance of its bonds may be |
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371 | 371 | | submitted as a single proposition or as several propositions to be |
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372 | 372 | | voted on at the election. |
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373 | 373 | | Sec. 3910.202. OPERATION AND MAINTENANCE TAX. (a) If |
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374 | 374 | | authorized by a majority of the district voters voting at an |
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375 | 375 | | election held in accordance with Section 3910.201, the district may |
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376 | 376 | | impose an operation and maintenance tax on taxable property in the |
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377 | 377 | | district in accordance with Section 49.107, Water Code, for any |
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378 | 378 | | district purpose, including to: |
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379 | 379 | | (1) maintain and operate the district; |
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380 | 380 | | (2) construct or acquire improvements; or |
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381 | 381 | | (3) provide a service. |
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382 | 382 | | (b) The board shall determine the tax rate. The rate may not |
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383 | 383 | | exceed the rate approved at the election. |
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384 | 384 | | (c) Section 49.107(h), Water Code, does not apply to the |
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385 | 385 | | district. |
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386 | 386 | | Sec. 3910.203. CONTRACT TAXES. (a) In accordance with |
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387 | 387 | | Section 49.108, Water Code, the district may impose a tax other than |
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388 | 388 | | an operation and maintenance tax and use the revenue derived from |
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389 | 389 | | the tax to make payments under a contract after the provisions of |
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390 | 390 | | the contract have been approved by a majority of the district voters |
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391 | 391 | | voting at an election held for that purpose. |
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392 | 392 | | (b) A contract approved by the district voters may contain a |
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393 | 393 | | provision stating that the contract may be modified or amended by |
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394 | 394 | | the board without further voter approval. |
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395 | 395 | | Sec. 3910.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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396 | 396 | | AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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397 | 397 | | determined by the board. Section 375.205, Local Government Code, |
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398 | 398 | | does not apply to a loan, line of credit, or other borrowing from a |
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399 | 399 | | bank or financial institution secured by revenue other than ad |
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400 | 400 | | valorem taxes. |
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401 | 401 | | (b) The district may issue bonds, notes, or other |
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402 | 402 | | obligations payable wholly or partly from ad valorem taxes, |
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403 | 403 | | assessments, impact fees, revenue, contract payments, grants, or |
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404 | 404 | | other district money, or any combination of those sources of money, |
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405 | 405 | | to pay for any authorized district purpose. |
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406 | 406 | | (c) The limitation on the outstanding principal amount of |
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407 | 407 | | bonds, notes, and other obligations provided by Section 49.4645, |
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408 | 408 | | Water Code, does not apply to the district. |
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409 | 409 | | Sec. 3910.205. TAXES FOR BONDS. At the time the district |
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410 | 410 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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411 | 411 | | board shall provide for the annual imposition of a continuing |
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412 | 412 | | direct annual ad valorem tax, without limit as to rate or amount, |
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413 | 413 | | for each year that all or part of the bonds are outstanding as |
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414 | 414 | | required and in the manner provided by Sections 54.601 and 54.602, |
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415 | 415 | | Water Code. |
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416 | 416 | | Sec. 3910.206. CITY NOT REQUIRED TO PAY DISTRICT |
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417 | 417 | | OBLIGATIONS. Except as provided by Section 375.263, Local |
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418 | 418 | | Government Code, the city is not required to pay a bond, note, or |
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419 | 419 | | other obligation of the district. |
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420 | 420 | | SECTION 2. The Harris County Improvement District No. 23 |
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421 | 421 | | initially includes all territory contained in the following area: |
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422 | 422 | | TRACT 1 |
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423 | 423 | | Being a 102.136 acre (4,449,039 square feet) tract of land |
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424 | 424 | | situated in the S.M. Harris Survey, Abstract No. 327, the Darius |
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425 | 425 | | Gregg Survey, Abstract No. 283 and the Harris & Wilson Survey, |
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426 | 426 | | Abstract No. 32, Harris County, Texas, being a portion of a called |
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427 | 427 | | 104.25 acre tract described as Tract 1, Exhibit F and a portion of |
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428 | 428 | | Tract 5, Exhibit F, both described in a special warranty deed dated |
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429 | 429 | | January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE |
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430 | 430 | | SERVICES, INC. as recorded under File No. M938947 of the Harris |
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431 | 431 | | County Official Public Records of Real Property (H.C.O.P.R.R.P.), |
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432 | 432 | | being all of a called 2.736 acre tract conveyed in a special |
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433 | 433 | | warranty deed dated May 24, 2004 from KELLOGG BROWN & ROOT, INC. to |
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434 | 434 | | KBR TECHNICAL SERVICES, INC. as recorded under File No. X640714 of |
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435 | 435 | | said H.C.O.P.R.R.P. and being all of a called 0.0784 acre tract |
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436 | 436 | | conveyed in warranty deed dated June 21, 1990 from ADAMS RESOURCES & |
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437 | 437 | | ENERGY, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as recorded |
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438 | 438 | | under File No. M691219 of said H.C.O.P.R.R.P., said 102.136 acre |
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439 | 439 | | tract being all of Blocks 50, 51 and 60 of the L.B. Swiney's |
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440 | 440 | | Addition, a subdivision of record according to the map or plat |
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441 | 441 | | thereof recorded under Volume 6, Page 610 of the Harris County Deed |
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442 | 442 | | Records (H.C.D.R.), being all of Blocks 4 and 25 of the Cage |
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443 | 443 | | Addition, a subdivision of record according to the map or plat |
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444 | 444 | | thereof recorded under Volume 43, Page 385 of said H.C.D.R. and |
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445 | 445 | | being a portion of Lots 1 through 8, Block 4 of the William A. Wilson |
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446 | 446 | | Company Subdivision, a subdivision of record according to the map |
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447 | 447 | | or plat thereof recorded under Volume 317, Page 298 of said |
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448 | 448 | | H.C.D.R., said 102.136 acre tract being more particularly described |
---|
449 | 449 | | by metes and bounds as follows with all bearings referenced to the |
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450 | 450 | | Texas State Plane Coordinate System of 1983 (1993 Adjustment), |
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451 | 451 | | South Central Zone. All coordinates and distances shown herein are |
---|
452 | 452 | | surface values and may be converted to grid by multiplying by a |
---|
453 | 453 | | combined scale factor of 0.999889585; |
---|
454 | 454 | | BEGINNING at a 5/8-inch iron rod (N = 13,845,069.64, East = |
---|
455 | 455 | | 3,131,004.78) found at the point of intersection of the southerly |
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456 | 456 | | right-of-way line of Richardson Drive (40' wide) with the easterly |
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457 | 457 | | right-of way line of Grove Street (60' wide) for the northwest |
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458 | 458 | | corner of Block 50 of said L.B. Swiney's Addition and being the most |
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459 | 459 | | westerly northwest corner of said 104.25 acre tract; |
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460 | 460 | | THENCE, North 87°03'43" East, along the southerly |
---|
461 | 461 | | right-of-way line of Richardson Drive, a distance of 275.58 feet to |
---|
462 | 462 | | a PK nail found for corner at the intersection of the easterly |
---|
463 | 463 | | projection of the southerly right-of-way line of Richardson Drive |
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464 | 464 | | with the southerly projection of the easterly right-of-way line of |
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465 | 465 | | Gregg Street for an angle point in said 104.25 acre tract; |
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466 | 466 | | THENCE, North 02°36'08" West, along the projected easterly |
---|
467 | 467 | | right-of-way line of Gregg Street, passing at a distance of 31.07 |
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468 | 468 | | feet, the southwest corner of Block 4 of said Cage Addition, same |
---|
469 | 469 | | being an angle point in said 104.25 acre tract, and continuing along |
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470 | 470 | | the easterly right-of-way line of Gregg Street and the westerly |
---|
471 | 471 | | line of said Block 4 for a total distance of 231.07 feet to a 5/8- |
---|
472 | 472 | | inch iron rod with plastic cap stamped "SURVCON INC." set in the |
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473 | 473 | | southerly right-of-way line of Clinton Drive (width varies) for the |
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474 | 474 | | northwest corner of said Block 4; |
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475 | 475 | | THENCE, along the southerly right-of-way line of Clinton |
---|
476 | 476 | | Drive, the following courses: |
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477 | 477 | | North 87°23'52" East, a distance of 540.00 feet to an "X" |
---|
478 | 478 | | in concrete found in the westerly right-of-way line of Bringhurst |
---|
479 | 479 | | Street (40' wide) for angle point and being the northeast corner of |
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480 | 480 | | Block 25 of said Cage Addition; |
---|
481 | 481 | | North 74°45'40" East, a distance of 51.25 feet to a |
---|
482 | 482 | | 5/8-inch iron rod with plastic cap stamped "SURVCON INC." set in the |
---|
483 | 483 | | easterly right-of-way line of Bringhurst Street for the beginning |
---|
484 | 484 | | of a non-tangent curve to the left; |
---|
485 | 485 | | An arc distance of 228.80 feet, along said curve to the |
---|
486 | 486 | | left, having a radius of 340.40 feet, a delta angle of 38°30'38" and |
---|
487 | 487 | | a chord bearing and distance of North 61°04'34" East, 224.51 feet to |
---|
488 | 488 | | a 5/8-inch iron rod found for a point of tangency; |
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489 | 489 | | North 41°49'15" East, a distance of 12.60 feet to a |
---|
490 | 490 | | 5/8-inch iron rod found for corner; |
---|
491 | 491 | | South 87°24'15" West, a distance of 11.40 feet to a |
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492 | 492 | | 5/8-inch iron rod found for corner; |
---|
493 | 493 | | North 41°49'15" East, a distance of 31.00 feet a point |
---|
494 | 494 | | for the beginning of a non-tangent curve to the right, from which a |
---|
495 | 495 | | found 5/8-inch iron rod bears North 60°15' East, 0.33 feet; |
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496 | 496 | | An arc distance of 170.31 feet, along said curve to the |
---|
497 | 497 | | right, having a radius of 272.90 feet, a delta angle of 35°45'21" and |
---|
498 | 498 | | a chord bearing and distance of North 59°41'56" East, 167.56 feet to |
---|
499 | 499 | | an "X" in concrete found for the end of said curve to the right; |
---|
500 | 500 | | North 87°24'15" East, passing at a distance of 1,133.91 |
---|
501 | 501 | | feet, a 5/8-inch iron rod found for the northwest corner of said |
---|
502 | 502 | | 2.736 acre tract, continuing and passing at a distance of 1,193.91 |
---|
503 | 503 | | feet, a 5/8-inch iron rod found for the northeast corner of said |
---|
504 | 504 | | 2.736 acre tract, and continuing for a total distance of 1,293.20 |
---|
505 | 505 | | feet to a 5/8-inch iron rod found for the most northerly northeast |
---|
506 | 506 | | corner of said 104.25 acre tract; |
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507 | 507 | | South 02°51'30" East, a distance of 10.55 feet to a |
---|
508 | 508 | | 5/8-inch iron rod found for angle point; |
---|
509 | 509 | | North 87°08'30" East, passing at a distance of 80.00 |
---|
510 | 510 | | feet, the northwest corner of said 0.0784 acre tract, and |
---|
511 | 511 | | continuing for a total distance of 228.00 feet to a 5/8-inch iron |
---|
512 | 512 | | rod found for a cutback corner, same being the most northerly |
---|
513 | 513 | | northeast corner of said 0.0784 acre tract; |
---|
514 | 514 | | THENCE, South 47°51'30" East, along a cutback line, a distance |
---|
515 | 515 | | of 21.21 feet to a 5/8-inch iron rod with plastic cap stamped |
---|
516 | 516 | | "SURVCON INC." set for corner in the westerly right-of-way line of |
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517 | 517 | | Hirsch Street (100 feet wide), same being the most easterly |
---|
518 | 518 | | northeast corner of said 0.0784 acre tract; |
---|
519 | 519 | | THENCE, South 02°51'30" East, along said westerly |
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520 | 520 | | right-of-way line of Hirsch Street and the easterly line of said |
---|
521 | 521 | | 0.0784 acre tract, passing at a distance of 179.15 feet, a 1/2-inch |
---|
522 | 522 | | iron rod found for the southeast corner of said 0.0784 acre tract |
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523 | 523 | | and the most easterly northeast corner of said 104.25 acre tract, |
---|
524 | 524 | | continuing along said westerly right-of-way line of Hirsch Street |
---|
525 | 525 | | and the easterly line of said 104.25 acre tract, passing at a |
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526 | 526 | | distance of 660.00 feet, a 5/8-inch iron rod found for an angle |
---|
527 | 527 | | point in said 104.25 acre tract, same being the northwest corner of |
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528 | 528 | | a called 0.2865 acre roadway easement conveyed to the City of |
---|
529 | 529 | | Houston and described as Tract 4 in deed recorded in Volume 3468, |
---|
530 | 530 | | Page 487 of said H.C.D.R., and continuing along the westerly |
---|
531 | 531 | | right-of-way easement line of Hirsch Street, for a total distance |
---|
532 | 532 | | of 818.07 feet to a point for the beginning of a tangent curve to the |
---|
533 | 533 | | right; |
---|
534 | 534 | | THENCE, an arc distance of 1,095.02 feet, continuing along |
---|
535 | 535 | | said westerly right-of-way easement line of Hirsch Street and along |
---|
536 | 536 | | said curve to the right, having a radius of 1,587.02 feet, a delta |
---|
537 | 537 | | angle of 39°32'00" and a chord bearing and distance of South |
---|
538 | 538 | | 16°54'30" West, 1,073.43 feet to 3/4-inch iron rod found for the |
---|
539 | 539 | | point of tangency; |
---|
540 | 540 | | THENCE, South 36°40'30" West, continuing along said westerly |
---|
541 | 541 | | right-of-way easement line of Hirsch Street, a distance of 85.13 |
---|
542 | 542 | | feet to a point in the northerly line of Buffalo Bayou and the |
---|
543 | 543 | | southerly line of said 104.25 acre tract; |
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544 | 544 | | THENCE, along the meanders of the northerly line of Buffalo |
---|
545 | 545 | | Bayou and along the southerly line of said 104.25 acre tract, the |
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546 | 546 | | following courses: |
---|
547 | 547 | | North 81°21'02" West, a distance of 294.22 feet to a |
---|
548 | 548 | | point for corner; |
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549 | 549 | | South 81°17'51" West, a distance of 92.69 feet to a point |
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550 | 550 | | for corner; |
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551 | 551 | | South 71°46'20" West, a distance of 87.60 feet to a point |
---|
552 | 552 | | for corner; |
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553 | 553 | | South 56°00'12" West, a distance of 139.78 feet to a |
---|
554 | 554 | | point for corner; |
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555 | 555 | | South 42°22'06" West, a distance of 530.18 feet to a |
---|
556 | 556 | | point for corner; |
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557 | 557 | | South 86°47'52" West, a distance of 13.79 feet to a point |
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558 | 558 | | for corner; |
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559 | 559 | | South 43°55'05" West, a distance of 65.25 feet to a point |
---|
560 | 560 | | for corner; |
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561 | 561 | | South 74°12'42" West, a distance of 73.39 feet to a point |
---|
562 | 562 | | for corner; |
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563 | 563 | | South 80°29'10" West, a distance of 95.12 feet to a point |
---|
564 | 564 | | for corner; |
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565 | 565 | | North 62°25'33" West, a distance of 84.80 feet to a point |
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566 | 566 | | for corner; |
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567 | 567 | | North 23°26'39" West, a distance of 96.22 feet to a point |
---|
568 | 568 | | for corner; |
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569 | 569 | | North 48°58'41" West, a distance of 75.07 feet to a point |
---|
570 | 570 | | for corner; |
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571 | 571 | | North 22°52'13" West, a distance of 70.85 feet to a point |
---|
572 | 572 | | for corner; |
---|
573 | 573 | | North 00°23'51" East, a distance of 570.94 feet to a |
---|
574 | 574 | | point for the most southerly corner of said 2.736 acre tract; |
---|
575 | 575 | | North 00°03'45" East, along the westerly line of said |
---|
576 | 576 | | 2.736 acre tract, a distance of 60.38 feet to an angle point in the |
---|
577 | 577 | | northwesterly line of said 2.736 acre tract; |
---|
578 | 578 | | North 17°43'38" West, a distance of 86.97 feet to a point |
---|
579 | 579 | | for corner; |
---|
580 | 580 | | North 35°56'28" West, a distance of 143.97 feet to a |
---|
581 | 581 | | point for corner; |
---|
582 | 582 | | North 61°18'39" West, a distance of 144.29 feet to a |
---|
583 | 583 | | point for corner; |
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584 | 584 | | North 83°06'56" West, a distance of 306.10 feet to a |
---|
585 | 585 | | point for corner; |
---|
586 | 586 | | South 88°11'58" West, a distance of 152.95 feet to a |
---|
587 | 587 | | point for corner; |
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588 | 588 | | North 89°23'55" West, a distance of 158.35 feet to a |
---|
589 | 589 | | point for corner; |
---|
590 | 590 | | North 81°40'26" West, a distance of 86.39 feet to a point |
---|
591 | 591 | | for corner; |
---|
592 | 592 | | North 79°43'08" West, a distance of 97.41 feet to a point |
---|
593 | 593 | | in said easterly right-of-way line of Grove Street for the |
---|
594 | 594 | | southwest corner of said 104.25 acre tract; |
---|
595 | 595 | | THENCE, North 02°56'17" West, along said easterly |
---|
596 | 596 | | right-of-way line of Grove Street and the westerly line of said |
---|
597 | 597 | | 104.25 acre tract, passing at a distance of 65.05 feet, a found |
---|
598 | 598 | | 5/8-inch iron rod, and continuing for a total distance of 705.08 |
---|
599 | 599 | | feet to the POINT OF BEGINNING, containing a computed area of |
---|
600 | 600 | | 102.136 acres (4,449,039 square feet) of land. Said 102.136 acre |
---|
601 | 601 | | tract being subject to portions of three (3) existing roadways |
---|
602 | 602 | | defined as follows: 1.) a 0.542 acre (23,589 square feet) tract |
---|
603 | 603 | | within the right-of-way of Richardson Drive between the easterly |
---|
604 | 604 | | right- of-way line of Gregg Street and the easterly right-of-way |
---|
605 | 605 | | line of Bringhurst Street, 2.) a 0.184 acre (7,997 square feet) |
---|
606 | 606 | | tract within the right-of-way of Cage Street between the southerly |
---|
607 | 607 | | right- of-way line of Clinton Drive and the northerly right-of-way |
---|
608 | 608 | | line of Richardson Drive and 3.) a 0.236 acre (10,280 square feet) |
---|
609 | 609 | | tract within the right-of-way of Bringhurst Street between the |
---|
610 | 610 | | southerly right-of-way line of Clinton Drive and the northerly |
---|
611 | 611 | | right-of-way line of Richardson Drive. |
---|
612 | 612 | | TRACT 2 |
---|
613 | 613 | | Being a 4.059 acre (176,821 square feet) tract of land |
---|
614 | 614 | | situated in the Darius Gregg Survey, Abstract No. 283 and the Harris & |
---|
615 | 615 | | Wilson Survey, Abstract No. 32, Harris County, Texas, being a |
---|
616 | 616 | | portion of a called 104.25 acre tract described as Tract 1 of |
---|
617 | 617 | | Exhibit F in a special warranty deed dated January 2, 1990 from |
---|
618 | 618 | | BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as |
---|
619 | 619 | | recorded under File No. M938947 of the Harris County Official |
---|
620 | 620 | | Public Records of Real Property (H.C.O.P.R.R.P.), said 4.059 acre |
---|
621 | 621 | | tract being more particularly described by metes and bounds as |
---|
622 | 622 | | follows with all bearings referenced to the Texas State Plane |
---|
623 | 623 | | Coordinate System of 1983 (1993 Adjustment), South Central Zone. |
---|
624 | 624 | | All coordinates and distances shown herein are surface values and |
---|
625 | 625 | | may be converted to grid by multiplying by a combined scale factor |
---|
626 | 626 | | of 0.999889585: |
---|
627 | 627 | | BEGINNING at a 5/8-inch iron rod (N = 13,844,963.67, East = |
---|
628 | 628 | | 3,133,786.01) found in the existing westerly right-of-way line of |
---|
629 | 629 | | Hirsch Street (width varies) for an angle point in the easterly line |
---|
630 | 630 | | of said 104.25 acre tract, same being the northwest corner of a |
---|
631 | 631 | | called 0.2865 acre roadway easement conveyed to the City of Houston |
---|
632 | 632 | | and described as Tract 4 in deed recorded in Volume 3468, Page 487 |
---|
633 | 633 | | of the Harris County Deed Records (H.C.D.R.); |
---|
634 | 634 | | THENCE, North 87°42'30" East, along the easterly line of said |
---|
635 | 635 | | 104.25 acre tract and along the northerly line of said 0.2865 acre |
---|
636 | 636 | | roadway easement, a distance of 41.88 feet to an "X" in concrete |
---|
637 | 637 | | found for an angle point in the easterly line of said 104.25 acre |
---|
638 | 638 | | tract and the northeast corner of said 0.2865 acre roadway |
---|
639 | 639 | | easement; |
---|
640 | 640 | | THENCE, South 02°17'32" East, along the easterly line of said |
---|
641 | 641 | | 104.25 acre tract, a distance of 1,163.73 feet to a point in the |
---|
642 | 642 | | northerly line of Buffalo Bayou; |
---|
643 | 643 | | THENCE, along the meanders of the northerly line of Buffalo |
---|
644 | 644 | | Bayou and along the southerly line of said 104.25 acre tract, the |
---|
645 | 645 | | following courses: |
---|
646 | 646 | | South 40°14'22" West, a distance of 42.90 feet to a point |
---|
647 | 647 | | for corner; |
---|
648 | 648 | | South 75°00'39" West, a distance of 50.16 feet to a point |
---|
649 | 649 | | for corner; |
---|
650 | 650 | | South 84°00'51" West, a distance of 77.13 feet to a point |
---|
651 | 651 | | for corner; |
---|
652 | 652 | | South 83°31'17" West, a distance of 214.24 feet to a |
---|
653 | 653 | | point for corner; |
---|
654 | 654 | | South 74°08'41" West, a distance of 61.85 feet to a point |
---|
655 | 655 | | for corner; |
---|
656 | 656 | | North 81°21'02" West, a distance of 18.52 feet to a point |
---|
657 | 657 | | for the southwest corner of a called 1,595 square foot roadway |
---|
658 | 658 | | easement conveyed to the City of Houston and described as Tract 1 in |
---|
659 | 659 | | deed recorded in Volume 3468, Page 487 of said H.C.D.R.; |
---|
660 | 660 | | THENCE, North 36°40'30" East, along the westerly right-of-way |
---|
661 | 661 | | easement line of Hirsch Street, a distance of 85.13 feet to a |
---|
662 | 662 | | 3/4-inch iron rod found for the beginning of a tangent curve to the |
---|
663 | 663 | | left; |
---|
664 | 664 | | THENCE, an arc distance of 1,095.02 feet, continuing along |
---|
665 | 665 | | the westerly right-of-way easement line of Hirsch Street and along |
---|
666 | 666 | | said curve to the left, having a radius of 1,587.02 feet, a delta |
---|
667 | 667 | | angle of 39°32'00" and a chord bearing and distance of North |
---|
668 | 668 | | 16°54'30" East, 1,073.43 feet to the point of tangency; |
---|
669 | 669 | | THENCE, North 02°51'30" West, continuing along the westerly |
---|
670 | 670 | | right-of-way easement line of Hirsch Street, a distance of 158.07 |
---|
671 | 671 | | feet to the POINT OF BEGINNING, containing a computed area of 4.059 |
---|
672 | 672 | | acres (176,821 square feet) of land. Said 4.059 acre tract being |
---|
673 | 673 | | subject to an existing roadway easement defined as follows: a 2.392 |
---|
674 | 674 | | acre (104,206 square feet) tract within the right-of-way easement |
---|
675 | 675 | | of Hirsch Street along the westerly line of said 4.059 acre tract. |
---|
676 | 676 | | TRACT 3 |
---|
677 | 677 | | Being a 24.983 acre (1,088,253 square feet) tract of land |
---|
678 | 678 | | situated in the S.M. Harris Survey, Abstract No. 327, Harris |
---|
679 | 679 | | County, Texas, and being all of a called 24.92 acre tract described |
---|
680 | 680 | | as Tract 2 of Exhibit F in a special warranty deed dated January 2, |
---|
681 | 681 | | 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES, |
---|
682 | 682 | | INC. as recorded under File No. M938947 of the Harris County |
---|
683 | 683 | | Official Public Records of Real Property (H.C.O.P.R.R.P.), same |
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684 | 684 | | being all of Blocks 43, 44, 45 46, 47, 48, 53, 54, 55, 56, 57 and 58 |
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685 | 685 | | of the L.B. Swiney's Addition, a subdivision of record according to |
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686 | 686 | | the map or plat thereof recorded under Volume 6, Page 610 of the |
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687 | 687 | | Harris County Deed Records (H.C.D.R.), said Blocks 43, 44 and 45 |
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688 | 688 | | also being defined in the Swiney Addition, a subdivision of record |
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689 | 689 | | according to the map or plat thereof recorded under Volume 1A, Page |
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690 | 690 | | 65 of the Harris County Map Records (H.C.M.R.), and being all of |
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691 | 691 | | Blocks 16, 17, 18, 21 and Tract C of the Barnes & Wetmore Addition, a |
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692 | 692 | | subdivision of record according to the map or plat thereof recorded |
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693 | 693 | | under Volume 37, Page 77 of said H.C.M.R., and being all of Lots 1, |
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694 | 694 | | 2, 3, 4, 7, 8, 9, 10 and 11 and a portion of Lot 6 of Block 19, all of |
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695 | 695 | | Lots 1, 2, 3, 4, 12, 13 and 14 and a portion of Lots 5 and 10 of Block |
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696 | 696 | | 20 and a portion of Tract B, all of said Barnes & Wetmore Addition, |
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697 | 697 | | and being a portion of the abandoned public streets by City of |
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698 | 698 | | Houston Ordinance No.(s) 2601, 2988 and 2986, as recorded in Volume |
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699 | 699 | | 1779, Page 159, Volume 1825, Page 235 and Volume 3218, Page 132, |
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700 | 700 | | respectively, all of said H.C.D.R., said 24.983 acre tract being |
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701 | 701 | | more particularly described by metes and bounds as follows with all |
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702 | 702 | | bearings referenced to the Texas State Plane Coordinate System of |
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703 | 703 | | 1983 (1993 Adjustment), South Central Zone. All coordinates and |
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704 | 704 | | distances shown herein are surface values and may be converted to |
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705 | 705 | | grid by multiplying by a combined scale factor of 0.999889585: |
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706 | 706 | | BEGINNING at a 5/8-inch iron rod (N = 13,845,290.36, East = |
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707 | 707 | | 3,130,622.97) found at the point of intersection of the southerly |
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708 | 708 | | right-of-way line of Clinton Drive (width varies) with the westerly |
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709 | 709 | | right-of way line of Bayou Street (60' wide) for the common |
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710 | 710 | | northeast corner of said 24.92 acre tract and Lot 1, Block 43 of |
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711 | 711 | | said L.B. Swiney's Addition; |
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712 | 712 | | THENCE, South 02°56'17" East, along the westerly right-of-way |
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713 | 713 | | line of Bayou Street and the easterly line of said 24.92 acre tract, |
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714 | 714 | | passing at a distance of 750.00 feet, a found 5/8-iron rod, and |
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715 | 715 | | continuing for a total distance of 811.60 feet to a point in the |
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716 | 716 | | northerly line of Buffalo Bayou for the common southeast corner of |
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717 | 717 | | said 24.92 acre tract and said Block 58; |
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718 | 718 | | THENCE, along the meanders of the northerly line of Buffalo |
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719 | 719 | | Bayou and along the southerly line of said 24.92 acre tract, the |
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720 | 720 | | following courses: |
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721 | 721 | | North 84°59'39" West, a distance of 126.92 feet to a |
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722 | 722 | | point for corner; |
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723 | 723 | | South 85°43'56" West, a distance of 185.30 feet to a |
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724 | 724 | | point for corner; |
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725 | 725 | | South 72°56'47" West, a distance of 78.42 feet to a point |
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726 | 726 | | for corner; |
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727 | 727 | | South 56°53'10" West, a distance of 405.98 feet to a |
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728 | 728 | | point for corner; |
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729 | 729 | | South 60°22'55" West, a distance of 78.78 feet to a point |
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730 | 730 | | for corner; |
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731 | 731 | | South 72°14'30" West, a distance of 84.28 feet to a point |
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732 | 732 | | for corner; |
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733 | 733 | | South 84°58'16" West, a distance of 63.45 feet to a point |
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734 | 734 | | for corner; |
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735 | 735 | | North 87°53'15" West, a distance of 129.94 feet to a |
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736 | 736 | | point for the southwest corner of said 24.92 acre tract; |
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737 | 737 | | THENCE, along the westerly line of said 24.92 acre tract, the |
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738 | 738 | | following courses: |
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739 | 739 | | North 06°46'38" West, a distance of 263.23 feet to a |
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740 | 740 | | point for corner, from which a found 5/8-inch iron rod bears South |
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741 | 741 | | 73°45' West, 0.30 feet; |
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742 | 742 | | North 12°46'38" West, a distance of 185.40 feet to a |
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743 | 743 | | point for corner, from which a found 5/8-inch iron rod bears South |
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744 | 744 | | 88°16' East, 0.33 feet; |
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745 | 745 | | North 22°58'38" West, a distance of 192.60 feet to a |
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746 | 746 | | point for corner, from which a found 5/8-inch iron rod bears South |
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747 | 747 | | 00°00' West, 0.21 feet; |
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748 | 748 | | North 15°42'38" West, a distance of 131.20 feet to a |
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749 | 749 | | point for corner, from which a found 5/8-inch iron rod bears South |
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750 | 750 | | 44°08' East, 0.23 feet; |
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751 | 751 | | North 05°54'38" West, a distance of 286.20 feet to a 60d |
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752 | 752 | | nail found for corner; |
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753 | 753 | | North 02°42'02" East, a distance of 29.48 feet to a point |
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754 | 754 | | for corner in the southerly right-of-way line of Clinton Drive for |
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755 | 755 | | the northwest corner of said 24.92 acre tract, from which a found |
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756 | 756 | | 5/8-inch iron rod bears South 83°37' East, 0.20 feet; |
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757 | 757 | | THENCE, North 87°03'43" East, along the southerly |
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758 | 758 | | right-of-way line of Clinton Drive, a distance of 1,238.93 feet to |
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759 | 759 | | the POINT OF BEGINNING, containing a computed area of 24.983 acres |
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760 | 760 | | (1,088,253 square feet) of land. Said 24.983 acre tract being |
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761 | 761 | | subject to portions of three (3) existing roadways defined as |
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762 | 762 | | follows: 1.) a 0.753 acre (32,800 square feet) tract within the |
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763 | 763 | | right- of-way of Richardson Drive between the westerly right-of-way |
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764 | 764 | | line of Bayou Street and a line 200 feet west of the westerly |
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765 | 765 | | right-of-way line of Meadow Street, 2.) a 0.275 acre (12,000 square |
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766 | 766 | | feet) tract within the right-of-way of Meadow Street between the |
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767 | 767 | | southerly right-of-way line of Clinton Drive and the northerly |
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768 | 768 | | right-of-way line of Richardson Drive and 3.) a 0.275 acre (12,000 |
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769 | 769 | | square feet) tract within the right-of-way of Sydnor Street between |
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770 | 770 | | the southerly right-of-way line of Clinton Drive and the northerly |
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771 | 771 | | right-of-way line of Richardson Drive. |
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772 | 772 | | TRACTS 4-7 |
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773 | 773 | | Being 4.592 acres (200,000 square feet) of land situated in |
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774 | 774 | | the S. M. Harris Survey, Abstract No. 327 and being out of the L.B. |
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775 | 775 | | Swiney's Addition, a subdivision of record according to the map or |
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776 | 776 | | plat thereof recorded under Volume 6, Page 610 of the Harris County |
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777 | 777 | | Deed Records (H.C.D.R.). Said 4.592 acre tract being comprised of |
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778 | 778 | | four (4) tracts defined as follows: |
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779 | 779 | | TRACT 4 |
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780 | 780 | | A 1.148 acre (50,000 square feet) tract of land, being all of |
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781 | 781 | | Lots 1 through 10, Block 52 of said L.B. Swiney's Addition, being a |
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782 | 782 | | portion of Tracts 4 and 5 of Exhibit F as described in deed dated |
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783 | 783 | | January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE |
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784 | 784 | | SERVICES, INC. as recorded under File No. M938947 of the Harris |
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785 | 785 | | County Official Public Records of Real Property (H.C.O.P.R.R.P.). |
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786 | 786 | | TRACT 5 |
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787 | 787 | | A 1.148 acre (50,000 square feet) tract of land, being all of |
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788 | 788 | | Lots 1 through 10, Block 49 of said L.B. Swiney's Addition and |
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789 | 789 | | described as follows: All of Lots 1 through 7 and Lot 10, Block 49, |
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790 | 790 | | being a portion of Tract 4 of Exhibit F as described in said deed |
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791 | 791 | | recorded under File No. M938947 of said H.C.O.P.R.R.P.; and all of |
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792 | 792 | | Lots 8 and 9, Block 49 described as a called 10,000 square foot |
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793 | 793 | | tract of land addressed in a May 22, 1996 motion under City of |
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794 | 794 | | Houston Ordinance 96-456 as recorded under File No. S023877 of said |
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795 | 795 | | H.C.O.P.R.R.P., said 10,000 square foot tract of land being |
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796 | 796 | | conveyed in a special warranty deed dated July 18, 1996 from the |
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797 | 797 | | City of Houston to BROWN & ROOT CORPORATE SERVICES, INC. as recorded |
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798 | 798 | | under File No. S023876 of said H.C.O.P.R.R.P. |
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799 | 799 | | TRACT 6 |
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800 | 800 | | A 1.148 acre (50,000 square feet) tract of land, being all of |
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801 | 801 | | Lots 1 through 10, Block 42 of said L.B. Swiney's Addition, being |
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802 | 802 | | all of Tracts 7, 10, 11 and 13 and a portion of Tract 5 of Exhibit F |
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803 | 803 | | as described in said deed recorded under File No. M938947 of said |
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804 | 804 | | H.C.O.P.R.R.P. |
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805 | 805 | | TRACT 7 |
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806 | 806 | | A 1.148 acre (50,000 square feet) tract of land, being all of |
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807 | 807 | | Lots 1 through 10, Block 41 of said L.B. Swiney's Addition, being |
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808 | 808 | | all of Tracts 6, 8, 9, 12 and 14 and a portion of Tract 5 of Exhibit F |
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809 | 809 | | as described in said deed recorded under File No. M938947 of said |
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810 | 810 | | H.C.O.P.R.R.P. |
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811 | 811 | | SECTION 3. (a) The legal notice of the intention to |
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812 | 812 | | introduce this Act, setting forth the general substance of this |
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813 | 813 | | Act, has been published as provided by law, and the notice and a |
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814 | 814 | | copy of this Act have been furnished to all persons, agencies, |
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815 | 815 | | officials, or entities to which they are required to be furnished |
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816 | 816 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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817 | 817 | | Government Code. |
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818 | 818 | | (b) The governor, one of the required recipients, has |
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819 | 819 | | submitted the notice and Act to the Texas Commission on |
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820 | 820 | | Environmental Quality. |
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821 | 821 | | (c) The Texas Commission on Environmental Quality has filed |
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822 | 822 | | its recommendations relating to this Act with the governor, |
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823 | 823 | | lieutenant governor, and speaker of the house of representatives |
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824 | 824 | | within the required time. |
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825 | 825 | | (d) The general law relating to consent by political |
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826 | 826 | | subdivisions to the creation of districts with conservation, |
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827 | 827 | | reclamation, and road powers and the inclusion of land in those |
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828 | 828 | | districts has been complied with. |
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829 | 829 | | (e) All requirements of the constitution and laws of this |
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830 | 830 | | state and the rules and procedures of the legislature with respect |
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831 | 831 | | to the notice, introduction, and passage of this Act have been |
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832 | 832 | | fulfilled and accomplished. |
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833 | 833 | | SECTION 4. This Act takes effect immediately if it receives |
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834 | 834 | | a vote of two-thirds of all the members elected to each house, as |
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835 | 835 | | provided by Section 39, Article III, Texas Constitution. If this |
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836 | 836 | | Act does not receive the vote necessary for immediate effect, this |
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837 | 837 | | Act takes effect September 1, 2013. |
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838 | 838 | | |
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839 | 839 | | Pos. No. Name of Director |
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840 | 840 | | |
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841 | 841 | | 1 Dan Lipnick |
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842 | 842 | | |
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843 | 843 | | 2 Hien Le |
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844 | 844 | | |
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845 | 845 | | 3 Ndukwe Kalu |
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846 | 846 | | |
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847 | 847 | | 4 Adam Williams |
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848 | 848 | | |
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849 | 849 | | 5 Kenady Davis |
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850 | 850 | | |
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851 | 851 | | 6 Jeremy Brown |
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852 | 852 | | |
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853 | 853 | | 7 Jon Herbster |
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854 | 854 | | |
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855 | 855 | | 8 Carver L. Henry |
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856 | 856 | | |
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857 | 857 | | 9 Charles McCloud |
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