1 | 1 | | By: Taylor S.B. No. 1884 |
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2 | 2 | | (Bonnen of Galveston) |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the creation of the Westwood Management District; |
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8 | 8 | | providing authority to issue bonds; providing authority to impose |
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9 | 9 | | fees or taxes. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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12 | 12 | | Code, is amended by adding Chapter 3917 to read as follows: |
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13 | 13 | | CHAPTER 3917. WESTWOOD MANAGEMENT DISTRICT |
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14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
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15 | 15 | | Sec. 3917.001. DEFINITIONS. In this chapter: |
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16 | 16 | | (1) "Board" means the district's board of directors. |
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17 | 17 | | (2) "City" means the City of League City. |
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18 | 18 | | (3) "County" means Galveston County. |
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19 | 19 | | (4) "Director" means a board member. |
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20 | 20 | | (5) "District" means the Westwood Management |
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21 | 21 | | District. |
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22 | 22 | | Sec. 3917.002. PRECONDITION; EXPIRATION. (a) The |
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23 | 23 | | district may not exercise any powers under this chapter until each |
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24 | 24 | | municipality in whose corporate limits or extraterritorial |
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25 | 25 | | jurisdiction the district is located has consented by ordinance or |
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26 | 26 | | resolution to the creation of the district and to the inclusion of |
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27 | 27 | | land in the district. |
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28 | 28 | | (b) This chapter, including Section 3917.055, expires |
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29 | 29 | | September 1, 2015, if any municipality described by Subsection (a) |
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30 | 30 | | has not consented to the creation of the district and the inclusion |
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31 | 31 | | of land in the district by that date. |
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32 | 32 | | Sec. 3917.003. NATURE OF DISTRICT. The Westwood Management |
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33 | 33 | | District is a special district created under Section 59, Article |
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34 | 34 | | XVI, Texas Constitution. |
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35 | 35 | | Sec. 3917.004. PURPOSE; DECLARATION OF INTENT. (a) The |
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36 | 36 | | creation of the district is essential to accomplish the purposes of |
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37 | 37 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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38 | 38 | | Texas Constitution, and other public purposes stated in this |
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39 | 39 | | chapter. By creating the district and in authorizing the city, the |
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40 | 40 | | county, and other political subdivisions to contract with the |
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41 | 41 | | district, the legislature has established a program to accomplish |
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42 | 42 | | the public purposes set out in Section 52-a, Article III, Texas |
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43 | 43 | | Constitution. |
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44 | 44 | | (b) The creation of the district is necessary to promote, |
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45 | 45 | | develop, encourage, and maintain employment, commerce, |
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46 | 46 | | transportation, housing, tourism, recreation, the arts, |
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47 | 47 | | entertainment, economic development, safety, and the public |
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48 | 48 | | welfare in the district. |
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49 | 49 | | (c) This chapter and the creation of the district may not be |
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50 | 50 | | interpreted to relieve the city or the county from providing the |
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51 | 51 | | level of services provided as of the effective date of the Act |
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52 | 52 | | enacting this chapter to the area in the district. The district is |
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53 | 53 | | created to supplement and not to supplant city or county services |
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54 | 54 | | provided in the district. |
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55 | 55 | | Sec. 3917.005. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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56 | 56 | | (a) The district is created to serve a public use and benefit. |
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57 | 57 | | (b) All land and other property included in the district |
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58 | 58 | | will benefit from the improvements and services to be provided by |
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59 | 59 | | the district under powers conferred by Sections 52 and 52-a, |
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60 | 60 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
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61 | 61 | | other powers granted under this chapter. |
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62 | 62 | | (c) The creation of the district is in the public interest |
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63 | 63 | | and is essential to further the public purposes of: |
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64 | 64 | | (1) developing and diversifying the economy of the |
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65 | 65 | | state; |
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66 | 66 | | (2) eliminating unemployment and underemployment; and |
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67 | 67 | | (3) developing or expanding transportation and |
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68 | 68 | | commerce. |
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69 | 69 | | (d) The district will: |
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70 | 70 | | (1) promote the health, safety, and general welfare of |
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71 | 71 | | residents, employers, potential employees, employees, visitors, |
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72 | 72 | | and consumers in the district, and of the public; |
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73 | 73 | | (2) provide needed funding for the district to |
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74 | 74 | | preserve, maintain, and enhance the economic health and vitality of |
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75 | 75 | | the district territory as a community and business center; |
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76 | 76 | | (3) promote the health, safety, welfare, and enjoyment |
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77 | 77 | | of the public by providing pedestrian ways and by landscaping and |
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78 | 78 | | developing certain areas in the district, which are necessary for |
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79 | 79 | | the restoration, preservation, and enhancement of scenic beauty; |
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80 | 80 | | and |
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81 | 81 | | (4) provide for water, wastewater, drainage, road, and |
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82 | 82 | | recreational facilities for the district. |
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83 | 83 | | (e) Pedestrian ways along or across a street, whether at |
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84 | 84 | | grade or above or below the surface, and street lighting, street |
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85 | 85 | | landscaping, parking, and street art objects are parts of and |
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86 | 86 | | necessary components of a street and are considered to be a street |
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87 | 87 | | or road improvement. |
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88 | 88 | | (f) The district will not act as the agent or |
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89 | 89 | | instrumentality of any private interest even though the district |
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90 | 90 | | will benefit many private interests as well as the public. |
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91 | 91 | | Sec. 3917.006. INITIAL DISTRICT TERRITORY. (a) The |
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92 | 92 | | district is initially composed of the territory described by |
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93 | 93 | | Section 2 of the Act enacting this chapter. |
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94 | 94 | | (b) The boundaries and field notes contained in Section 2 of |
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95 | 95 | | the Act enacting this chapter form a closure. A mistake in the |
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96 | 96 | | field notes or in copying the field notes in the legislative process |
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97 | 97 | | does not affect the district's: |
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98 | 98 | | (1) organization, existence, or validity; |
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99 | 99 | | (2) right to issue any type of bonds for the purposes |
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100 | 100 | | for which the district is created or to pay the principal of and |
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101 | 101 | | interest on bonds; |
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102 | 102 | | (3) right to impose or collect a tax; or |
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103 | 103 | | (4) legality or operation. |
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104 | 104 | | Sec. 3917.007. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES; |
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105 | 105 | | AGREEMENTS. (a) All or any part of the area of the district is |
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106 | 106 | | eligible to be included in: |
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107 | 107 | | (1) a tax increment reinvestment zone created under |
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108 | 108 | | Chapter 311, Tax Code; |
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109 | 109 | | (2) a tax abatement reinvestment zone created under |
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110 | 110 | | Chapter 312, Tax Code; |
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111 | 111 | | (3) an enterprise zone created under Chapter 2303, |
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112 | 112 | | Government Code; or |
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113 | 113 | | (4) a district created under Chapter 42, Local |
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114 | 114 | | Government Code, that has the same or similar powers, duties, and |
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115 | 115 | | authority as the district created under this chapter. |
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116 | 116 | | (b) The district may enter into an agreement with a district |
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117 | 117 | | described by Subsection (a)(4) to coordinate services and |
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118 | 118 | | improvement projects. |
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119 | 119 | | Sec. 3917.008. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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120 | 120 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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121 | 121 | | Chapter 375, Local Government Code, applies to the district. |
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122 | 122 | | Sec. 3917.009. CONSTRUCTION OF CHAPTER. This chapter shall |
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123 | 123 | | be liberally construed in conformity with the findings and purposes |
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124 | 124 | | stated in this chapter. |
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125 | 125 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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126 | 126 | | Sec. 3917.051. GOVERNING BODY; TERMS. (a) The district is |
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127 | 127 | | governed by a board of five directors who serve staggered terms of |
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128 | 128 | | four years, with two or three directors' terms expiring June 1 of |
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129 | 129 | | each odd-numbered year. |
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130 | 130 | | (b) The board by resolution or the governing body of the |
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131 | 131 | | city by resolution or ordinance may change the number of directors |
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132 | 132 | | on the board if the board determines that the change is in the best |
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133 | 133 | | interest of the district. The board may not consist of fewer than |
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134 | 134 | | five or more than seven directors. |
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135 | 135 | | Sec. 3917.052. APPOINTMENT OF DIRECTORS. The mayor and |
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136 | 136 | | members of the governing body of the city shall appoint directors |
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137 | 137 | | from persons recommended by the board. A person is appointed if a |
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138 | 138 | | majority of those members and the mayor vote to appoint that person. |
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139 | 139 | | Sec. 3917.053. QUORUM. For purposes of determining the |
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140 | 140 | | requirements for a quorum of the board, the following are not |
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141 | 141 | | counted: |
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142 | 142 | | (1) a board position vacant for any reason, including |
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143 | 143 | | death, resignation, or disqualification; or |
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144 | 144 | | (2) a director who is abstaining from participation in |
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145 | 145 | | a vote because of a conflict of interest. |
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146 | 146 | | Sec. 3917.054. COMPENSATION. A director is entitled to |
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147 | 147 | | receive fees of office and reimbursement for actual expenses as |
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148 | 148 | | provided by Section 49.060, Water Code. Sections 375.069 and |
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149 | 149 | | 375.070, Local Government Code, do not apply to the board. |
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150 | 150 | | Sec. 3917.055. INITIAL DIRECTORS. (a) The initial board |
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151 | 151 | | consists of the following directors: |
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152 | 152 | | Pos. No. Name of Director |
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153 | 153 | | 1 Travis Campbell |
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154 | 154 | | 2 Scott Short |
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155 | 155 | | 3 Javier Morales |
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156 | 156 | | 4 Tommy Cones |
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157 | 157 | | 5 Maria Morales |
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158 | 158 | | (b) Of the initial directors, the terms of directors |
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159 | 159 | | appointed for positions one and two expire June 1, 2015, and the |
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160 | 160 | | terms of directors appointed for positions three through five |
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161 | 161 | | expire June 1, 2017. |
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162 | 162 | | (c) Section 3917.052 does not apply to this section. |
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163 | 163 | | (d) This section expires September 1, 2019. |
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164 | 164 | | SUBCHAPTER C. POWERS AND DUTIES |
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165 | 165 | | Sec. 3917.101. GENERAL POWERS AND DUTIES. The district has |
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166 | 166 | | the powers and duties necessary to accomplish the purposes for |
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167 | 167 | | which the district is created. |
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168 | 168 | | Sec. 3917.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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169 | 169 | | district may provide, design, construct, acquire, improve, |
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170 | 170 | | relocate, operate, maintain, or finance an improvement project or |
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171 | 171 | | service using any money available to the district, or contract with |
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172 | 172 | | a governmental or private entity to provide, design, construct, |
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173 | 173 | | acquire, improve, relocate, operate, maintain, or finance an |
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174 | 174 | | improvement project or service authorized under this chapter or |
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175 | 175 | | Chapter 375, Local Government Code. |
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176 | 176 | | Sec. 3917.103. DEVELOPMENT CORPORATION AND DISTRICT |
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177 | 177 | | POWERS. The district, using money available to the district, may |
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178 | 178 | | exercise the powers given to a development corporation under |
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179 | 179 | | Chapter 505, Local Government Code, and a municipal development |
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180 | 180 | | district under Chapter 377, Local Government Code, including the |
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181 | 181 | | power to own, operate, acquire, construct, lease, improve, or |
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182 | 182 | | maintain a project under those chapters. |
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183 | 183 | | Sec. 3917.104. AGREEMENTS; GRANTS. (a) As provided by |
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184 | 184 | | Chapter 375, Local Government Code, the district may make an |
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185 | 185 | | agreement with or accept a gift, grant, or loan from any person. |
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186 | 186 | | (b) The implementation of a project is a governmental |
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187 | 187 | | function or service for the purposes of Chapter 791, Government |
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188 | 188 | | Code. |
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189 | 189 | | (c) The board may enter into a contract with the board of |
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190 | 190 | | directors of a tax increment reinvestment zone created under |
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191 | 191 | | Chapter 311, Tax Code, that has territory within or bordering the |
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192 | 192 | | district and the governing body of the municipality or county that |
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193 | 193 | | created the zone to manage the zone or implement the project plan |
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194 | 194 | | and reinvestment zone financing plan. |
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195 | 195 | | Sec. 3917.105. LAW ENFORCEMENT SERVICES. To protect the |
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196 | 196 | | public interest, the district may contract with a qualified party, |
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197 | 197 | | including the county or the city, to provide law enforcement |
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198 | 198 | | services in the district for a fee. |
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199 | 199 | | Sec. 3917.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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200 | 200 | | district may join and pay dues to a charitable or nonprofit |
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201 | 201 | | organization that performs a service or provides an activity |
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202 | 202 | | consistent with the furtherance of a district purpose. |
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203 | 203 | | Sec. 3917.107. ECONOMIC DEVELOPMENT. (a) The district may |
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204 | 204 | | engage in activities that accomplish the economic development |
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205 | 205 | | purposes of the district. |
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206 | 206 | | (b) The district may establish and provide for the |
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207 | 207 | | administration of one or more programs to promote state or local |
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208 | 208 | | economic development and to stimulate business and commercial |
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209 | 209 | | activity in the district, including programs to: |
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210 | 210 | | (1) make loans and grants of public money; and |
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211 | 211 | | (2) provide district personnel and services. |
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212 | 212 | | (c) The district may create economic development programs |
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213 | 213 | | and exercise the economic development powers that: |
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214 | 214 | | (1) Chapter 380, Local Government Code, provides to a |
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215 | 215 | | municipality; and |
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216 | 216 | | (2) Subchapter A, Chapter 1509, Government Code, |
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217 | 217 | | provides to a municipality. |
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218 | 218 | | Sec. 3917.108. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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219 | 219 | | district may annex land as provided by Subchapter J, Chapter 49, |
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220 | 220 | | Water Code. |
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221 | 221 | | (b) The district may exclude land as provided by Subchapter |
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222 | 222 | | J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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223 | 223 | | Code, does not apply to the district. |
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224 | 224 | | Sec. 3917.109. APPROVAL BY CITY. (a) The district must |
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225 | 225 | | obtain the approval of the city for: |
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226 | 226 | | (1) the issuance of bonds; and |
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227 | 227 | | (2) the plans and specifications of an improvement |
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228 | 228 | | project related to the use of land owned by the city, an easement |
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229 | 229 | | granted to the city, or a right-of-way of a street, road, or |
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230 | 230 | | highway. |
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231 | 231 | | (b) The district may not issue bonds until the governing |
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232 | 232 | | body of the city adopts a resolution or ordinance authorizing the |
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233 | 233 | | issuance of the bonds. |
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234 | 234 | | (c) The governing body of the city: |
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235 | 235 | | (1) is not required to adopt a resolution or ordinance |
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236 | 236 | | to approve plans and specifications described by Subsection (a); |
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237 | 237 | | and |
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238 | 238 | | (2) may establish an administrative process to approve |
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239 | 239 | | plans and specifications described by Subsection (a) without the |
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240 | 240 | | involvement of the governing body. |
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241 | 241 | | Sec. 3917.110. NO EMINENT DOMAIN POWER. The district may |
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242 | 242 | | not exercise the power of eminent domain. |
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243 | 243 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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244 | 244 | | Sec. 3917.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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245 | 245 | | board by resolution shall establish the number of directors' |
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246 | 246 | | signatures and the procedure required for a disbursement or |
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247 | 247 | | transfer of district money. |
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248 | 248 | | Sec. 3917.152. MONEY USED FOR IMPROVEMENT PROJECTS OR |
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249 | 249 | | SERVICES. The district may acquire, construct, finance, operate, |
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250 | 250 | | or maintain an improvement project or service authorized under this |
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251 | 251 | | chapter or Chapter 375, Local Government Code, using any money |
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252 | 252 | | available to the district. |
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253 | 253 | | Sec. 3917.153. ASSESSMENTS NOT AUTHORIZED. (a) The |
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254 | 254 | | district may not impose an assessment. |
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255 | 255 | | (b) Subchapter F, Chapter 375, Local Government Code, does |
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256 | 256 | | not apply to the district. |
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257 | 257 | | Sec. 3917.154. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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258 | 258 | | 375.161, Local Government Code, does not apply to a tax approved by |
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259 | 259 | | the district voters or a required payment for service provided by |
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260 | 260 | | the district, including water and sewer services. |
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261 | 261 | | Sec. 3917.155. COMPETITIVE BIDDING. Subchapter I, Chapter |
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262 | 262 | | 49, Water Code, applies to the district. Sections 375.221 and |
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263 | 263 | | 375.223, Local Government Code, do not apply to the district. |
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264 | 264 | | Sec. 3917.156. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO |
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265 | 265 | | IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district |
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266 | 266 | | may issue bonds, impose taxes, or borrow money, the district and the |
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267 | 267 | | city must negotiate and execute a mutually approved and accepted |
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268 | 268 | | interlocal project development agreement regarding the development |
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269 | 269 | | plans and rules for: |
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270 | 270 | | (1) the development and operation of the district; and |
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271 | 271 | | (2) the financing of improvement projects. |
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272 | 272 | | SUBCHAPTER E. TAXES AND BONDS |
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273 | 273 | | Sec. 3917.201. ELECTIONS REGARDING TAXES AND BONDS. |
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274 | 274 | | (a) The district may issue, without an election, bonds, notes, and |
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275 | 275 | | other obligations secured by: |
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276 | 276 | | (1) revenue other than ad valorem taxes; or |
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277 | 277 | | (2) contract payments described by Section 3917.203. |
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278 | 278 | | (b) The district must hold an election in the manner |
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279 | 279 | | provided by Subchapter L, Chapter 375, Local Government Code, to |
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280 | 280 | | obtain voter approval before the district may impose an ad valorem |
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281 | 281 | | tax or issue bonds payable from ad valorem taxes. |
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282 | 282 | | (c) Section 375.243, Local Government Code, does not apply |
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283 | 283 | | to the district. |
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284 | 284 | | (d) All or any part of any facilities or improvements that |
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285 | 285 | | may be acquired by a district by the issuance of its bonds may be |
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286 | 286 | | submitted as a single proposition or as several propositions to be |
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287 | 287 | | voted on at the election. |
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288 | 288 | | Sec. 3917.202. OPERATION AND MAINTENANCE TAX. (a) If |
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289 | 289 | | authorized by a majority of the district voters voting at an |
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290 | 290 | | election held in accordance with Section 3917.201, the district may |
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291 | 291 | | impose an operation and maintenance tax on taxable property in the |
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292 | 292 | | district in accordance with Section 49.107, Water Code, for any |
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293 | 293 | | district purpose, including to: |
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294 | 294 | | (1) maintain and operate the district; |
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295 | 295 | | (2) construct or acquire improvements; or |
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296 | 296 | | (3) provide a service. |
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297 | 297 | | (b) The board shall determine the tax rate. The rate may not |
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298 | 298 | | exceed the rate approved at the election. |
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299 | 299 | | (c) Section 49.107(h), Water Code, does not apply to the |
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300 | 300 | | district. |
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301 | 301 | | Sec. 3917.203. CONTRACT TAXES. (a) In accordance with |
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302 | 302 | | Section 49.108, Water Code, the district may impose a tax other than |
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303 | 303 | | an operation and maintenance tax and use the revenue derived from |
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304 | 304 | | the tax to make payments under a contract after the provisions of |
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305 | 305 | | the contract have been approved by a majority of the district voters |
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306 | 306 | | voting at an election held for that purpose. |
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307 | 307 | | (b) A contract approved by the district voters may contain a |
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308 | 308 | | provision stating that the contract may be modified or amended by |
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309 | 309 | | the board without further voter approval. |
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310 | 310 | | Sec. 3917.204. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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311 | 311 | | BONDS. (a) The district may borrow money on terms determined by |
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312 | 312 | | the board. Section 375.205, Local Government Code, does not apply |
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313 | 313 | | to a loan, line of credit, or other borrowing from a bank or |
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314 | 314 | | financial institution secured by revenue other than ad valorem |
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315 | 315 | | taxes. |
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316 | 316 | | (b) The district may issue bonds, notes, or other |
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317 | 317 | | obligations payable wholly or partly from ad valorem taxes, impact |
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318 | 318 | | fees, revenue, contract payments, grants, or other district money, |
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319 | 319 | | or any combination of those sources of money, to pay for any |
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320 | 320 | | authorized district purpose. |
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321 | 321 | | Sec. 3917.205. TAXES FOR BONDS. At the time the district |
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322 | 322 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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323 | 323 | | board shall provide for the annual imposition of a continuing |
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324 | 324 | | direct annual ad valorem tax, without limit as to rate or amount, |
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325 | 325 | | for each year that all or part of the bonds are outstanding as |
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326 | 326 | | required and in the manner provided by Sections 54.601 and 54.602, |
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327 | 327 | | Water Code. |
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328 | 328 | | Sec. 3917.206. BONDS FOR RECREATIONAL FACILITIES. The |
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329 | 329 | | limitation on the outstanding principal amount of bonds, notes, and |
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330 | 330 | | other obligations provided by Section 49.4645, Water Code, does not |
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331 | 331 | | apply to the district. |
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332 | 332 | | Sec. 3917.207. CITY NOT REQUIRED TO PAY DISTRICT |
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333 | 333 | | OBLIGATIONS. Except as provided by Section 375.263, Local |
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334 | 334 | | Government Code, the city is not required to pay a bond, note, or |
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335 | 335 | | other obligation of the district. |
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336 | 336 | | SUBCHAPTER F. DISSOLUTION |
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337 | 337 | | Sec. 3917.251. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
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338 | 338 | | DEBT. (a) The district may be dissolved as provided by Subchapter |
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339 | 339 | | M, Chapter 375, Local Government Code, except that Section 375.264, |
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340 | 340 | | Local Government Code, does not apply to the district. |
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341 | 341 | | (b) The board may dissolve the district regardless of |
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342 | 342 | | whether the district has debt. |
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343 | 343 | | (c) If by December 31, 2037, the district has not been |
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344 | 344 | | dissolved, the district is dissolved and this chapter expires on |
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345 | 345 | | that date. |
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346 | 346 | | (d) If the district has debt when it is dissolved, the |
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347 | 347 | | district shall remain in existence solely for the purpose of |
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348 | 348 | | discharging its debts. The dissolution is effective when all debts |
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349 | 349 | | have been discharged. |
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350 | 350 | | SECTION 2. The Westwood Management District initially |
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351 | 351 | | includes all territory contained in the following area: |
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352 | 352 | | A 24.113 acre (1,050,366 sq. ft.) tract of land being a commercial |
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353 | 353 | | reserve out of the John Dickinson Survey , Abstract - 9, lying in |
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354 | 354 | | League City, Galveston County, Texas. |
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355 | 355 | | Beginning at a found 5/8" iron rod with cap lying at the |
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356 | 356 | | intersection of East right-of-way line of Windmere Road, called 60' |
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357 | 357 | | right-of-way and the South right-of-way of Farm to Market Road 518, |
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358 | 358 | | Called 140' right-of-way being also the common boundary of League |
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359 | 359 | | City and Friendswood. |
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360 | 360 | | Thence, South 77 deg. 38 min. 11 sec. East along the South |
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361 | 361 | | right-of-way line of the said F.M. 518 a distance of 1,614.01 feet |
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362 | 362 | | to a found 5/8" iron rod w/cap being a point of curve to the right |
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363 | 363 | | with a radius of 25' for the Northeast corner of the herein |
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364 | 364 | | described tract. |
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365 | 365 | | Thence, along the curve to the right with a delta angle of 90 |
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366 | 366 | | degrees, an arc length of 39.27' whose chord bears South 32 deg. 38 |
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367 | 367 | | min. 11 sec. East a distance of 35.36' to a found 5/8" iron rod w/cap |
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368 | 368 | | for the Northeast corner of the herein described tract. |
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369 | 369 | | Thence, South 12 deg. 21 min. 44 sec. West along the West |
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370 | 370 | | right-of-way line of Maple Leaf Drive (called 100' right-of-way) a |
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371 | 371 | | distance of 451.53' to a found 5/8" iron rod w/cap being a point of |
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372 | 372 | | curve to the right with a radius of 3,150' for an Easterly corner of |
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373 | 373 | | the herein described tract. |
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374 | 374 | | Thence, continuing along the West right-of-way line of Maple Leaf |
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375 | 375 | | Drive and the said curve to the right with a delta angle of 2 deg. 14 |
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376 | 376 | | min. 47 sec., an arc length of 123.50', whose chord bears South 13 |
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377 | 377 | | deg. 29 min. 12 sec. West a distance of 123.49' to a found 5/8" iron |
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378 | 378 | | rod w/cap for the Southeast corner of the herein described tract. |
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379 | 379 | | Thence, North 77 deg. 38 min. 11 sec. West along the North line of |
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380 | 380 | | Section 1 of Westwood Subdivision a distance of 1,860.57' to a found |
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381 | 381 | | 5/8" iron rod w/cap lying on the East line of Windmere Road for the |
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382 | 382 | | Southwest corner of the herein described tract. |
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383 | 383 | | Thence, North 32 deg. 50 min. 02 sec. East along the East line of |
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384 | 384 | | Windmere Road a distance of 640.44' to the POINT OF BEGINNING, |
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385 | 385 | | containing 24.113 acres 1,050,366 square feet. |
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386 | 386 | | A 148.778 acre (6,480,767 sq. ft.) tract of land out of the John |
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387 | 387 | | Dickinson Survey , Abstract - 9, lying in League City, Galveston |
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388 | 388 | | County, Texas. |
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389 | 389 | | Beginning at a point being Northwest corner of the league City |
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390 | 390 | | Parkway (called 100' right-of-way) and a Westerly line of Windmere |
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391 | 391 | | Road and also the Southwest corner of the herein described tract for |
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392 | 392 | | the POINT OF BEGINNING. |
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393 | 393 | | Thence, North 4 deg. 55 min. 57 sec. West along the West line of the |
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394 | 394 | | subject tract and the East line of Windmere Road a distance of |
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395 | 395 | | 400.00 feet to a point for a Westerly corner of the herein described |
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396 | 396 | | tract. |
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397 | 397 | | Thence, South 85 deg. 55 min. 58 sec. East continuing along the East |
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398 | 398 | | line of Windmere Road a distance of 1,094.00 feet a point for a |
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399 | 399 | | Westerly corner of the herein described tract. |
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400 | 400 | | Thence, North 32 deg. 50 min. 02 sec. East along the West line of the |
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401 | 401 | | subject tract and the East line of Windmere Road a distance of |
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402 | 402 | | 3,239.74 feet to a point for the Northwest corner of the herein |
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403 | 403 | | described tract. |
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404 | 404 | | Thence, the following bearings and distances along the South line |
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405 | 405 | | of the existing Westwood subdivision section 1: |
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406 | 406 | | S. 75 deg. 17 min. 00 sec. E. - 734.15' |
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407 | 407 | | Curve to the left, Radius = 945.00', delta angle = 5 deg. 02 min. 53 |
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408 | 408 | | sec., arc length = 83.26', chord = S. 12 deg. 04 min. 23 sec. |
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409 | 409 | | E. - 83.23' |
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410 | 410 | | S. 09 deg. 32 min. 56 sec. W. - 296.81' |
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411 | 411 | | S. 09 deg. 33 min. 16 sec. W. - 60.00' |
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412 | 412 | | Curve to the right, Radius = 1,655.00', delta angle = 8 deg. 35 min. |
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413 | 413 | | 16 sec., arc length = 248.06', chord = S. 13 deg. 45 min. 29 sec. |
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414 | 414 | | W. - 247.83' |
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415 | 415 | | S. 71 deg. 51 min. 51 sec. E. - 115.00' |
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416 | 416 | | S. 18 deg. 13 min. 05 sec. W. - 5.02' |
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417 | 417 | | S. 71 deg. 42 min. 07 sec. E. - 60.01' |
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418 | 418 | | S. 70 deg. 32 min. 30 sec. E. - 120.03' |
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419 | 419 | | Curve to the left, Radius = 1,950.00', delta angle = 3 deg. 11 min. |
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420 | 420 | | 47 sec., arc length = 108.79', chord = N. 16 deg. 42 min. 02 sec. |
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421 | 421 | | E. - 108.78' |
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422 | 422 | | S. 74 deg. 53 min. 52 sec, E. - 120.00' |
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423 | 423 | | Curve to the right, Radius = 2,070.00', delta angle = 00 deg. 28 |
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424 | 424 | | min. 50 sec., arc length = 17.36', chord = S. 15 deg. 20 min. 32 sec. |
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425 | 425 | | W. - 17.36' |
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426 | 426 | | S. 74 deg. 25 min. 02 sec. E. - 180.00' |
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427 | 427 | | Curve to the left, Radius = 2,250.00', delta angle = 3 deg. 02 min. |
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428 | 428 | | 51 sec., arc length = 119.67', chord = N. 14 deg. 03 min. 32 sec. |
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429 | 429 | | E. - 119.66' |
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430 | 430 | | S. 77 deg. 27 min. 53 sec. E. - 180.00' |
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431 | 431 | | Curve to the left, Radius = 2,430.00', delta angle = 00 deg. 46 min. |
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432 | 432 | | 12 sec., arc length =32.66', chord = N. 12 deg. 09 min. 01 sec. |
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433 | 433 | | E. - 32.66' |
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434 | 434 | | S. 78 deg. 14 min. 05 sec. E. - 120.00' |
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435 | 435 | | Curve to the left, Radius = 2,550.00', delta angle = 1 deg. 32 min. |
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436 | 436 | | 34 sec., arc length = 68.67', chord = N. 10 deg. 59 min. 38 sec. |
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437 | 437 | | E. - 68.66' |
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438 | 438 | | N. 09 deg. 43 min. 17 sec. E. - 60.00' |
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439 | 439 | | N. 09 deg. 32 min. 54 sec. E. - 120.00' |
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440 | 440 | | S. 80 deg. 27 min. 07 sec. E. - 70.00' |
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441 | 441 | | Curve to the right, Radius = 170.00', delta angle = 95 deg. 44 min. |
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442 | 442 | | 09 sec., arc length = 284.05', chord = S. 60 deg. 39 min. 23 sec. |
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443 | 443 | | E. - 252.14' |
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444 | 444 | | Thence, S. 68 deg. 53 min. 16 sec. E. a distance of 44.12 feet to a |
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445 | 445 | | point of curve to the left with a radius of 3,250.00 feet, lying on |
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446 | 446 | | the West right-of-way of Maple Leaf Drive (100' right-of-way) for |
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447 | 447 | | the Northeast corner of the herein described tract. |
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448 | 448 | | Thence, along the said curve to the left , delta angle = 12 deg. 18 |
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449 | 449 | | min. 41 sec., arc length = 698.34', chord = S. 14 deg. 57 min. 24 |
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450 | 450 | | sec. W. - 697.00' to a point for an Easterly corner of the herein |
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451 | 451 | | described tract. |
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452 | 452 | | Thence, S. 8 deg. 48 min. 03 sec. W. a distance of 1,044.90 feet to a |
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453 | 453 | | point of curve to the right with a radius of 25.00 feet, lying on the |
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454 | 454 | | West right-of-way of Maple Leaf Drive (100' right-of-way) for the |
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455 | 455 | | Southeast corner of the herein described tract |
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456 | 456 | | Thence, along the said curve to the right , delta angle = 88 deg. 41 |
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457 | 457 | | min. 18 sec., arc length = 38.70', chord = S. 53 deg. 08 min. 42 sec. |
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458 | 458 | | W. - 34.95' to a point on the North right-of-way line of League City |
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459 | 459 | | Parkway for a Southerly corner of the herein described tract. |
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460 | 460 | | Thence, along the said curve to the left , with a radius of 3,250.00 |
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461 | 461 | | feet, delta angle = 26 deg. 39 min. 08 sec., arc length = 1,511.80', |
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462 | 462 | | chord = S. 84 deg. 09 min. 47 sec. W. - 1,498.20' to a point for a |
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463 | 463 | | Southerly of the herein described tract. |
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464 | 464 | | Thence, S. 70 deg. 50 min. 13 sec. West along the North line of the |
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465 | 465 | | League City Parkway a distance of 938.41 feet to a point for a |
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466 | 466 | | Southerly corner of the herein described tract. |
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467 | 467 | | Thence, along the said curve to the right , with a radius of |
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468 | 468 | | 3,150.00 feet, delta angle = 15 deg. 05 min. 45 sec., arc length = |
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469 | 469 | | 829.94', chord = S. 78 deg. 22 min. 55 sec. W. - 827.54' to a point |
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470 | 470 | | for a Southerly of the herein described tract. |
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471 | 471 | | Thence, S. 85 deg. 55 min. 58 sec. West along the North line of the |
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472 | 472 | | League City Parkway a distance of 1,133.35 feet to the POINT OF |
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473 | 473 | | BEGINNING, containing 148.778 acres 6,480,767 square feet. |
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474 | 474 | | A 242.462 acre (10,561,639 sq. ft.) tract of land out of the John |
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475 | 475 | | Dickinson Survey , Abstract - 9, lying in League City, Galveston |
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476 | 476 | | County, Texas. |
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477 | 477 | | Beginning at a point being the Southwest corner of the West |
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478 | 478 | | right-of-way line of Maple Leaf Drive, called 100' right-of-way and |
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479 | 479 | | the Southeast corner of the herein described tract for the POINT Of |
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480 | 480 | | BEGINNING. |
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481 | 481 | | Thence, South 87 deg. 53 min. 09 sec. West along the South line of |
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482 | 482 | | the herein described tract a distance of 1,651.84 feet to a point |
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483 | 483 | | being the Southwest corner of the herein described tract. |
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484 | 484 | | Thence, North 4 deg. 55 min. 57 Sec. West along the West line of the |
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485 | 485 | | subject tract and the East line of Windmere Road a distance of |
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486 | 486 | | 3,230.63 feet to a point for a Westerly corner of the herein |
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487 | 487 | | described tract. |
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488 | 488 | | Thence, the following bearings and distances along the South line |
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489 | 489 | | of League City Boulevard: |
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490 | 490 | | South 85 deg. 55 min. 58 sec. East - 1,131.85 feet |
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491 | 491 | | Curve to the left Radius = 3,250.00, arc length = 856.28 feet, |
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492 | 492 | | delta = 15 deg. 05 min 45 sec. and a chord which bears North 78 deg. |
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493 | 493 | | 22 min. 55 sec. East a distance of 853.81 feet. |
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494 | 494 | | North 70 deg. 50 min. 13 sec. East - 938.41 feet |
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495 | 495 | | Curve to the right Radius = 3,150.00, arc length = 1,461.82 feet, |
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496 | 496 | | delta = 26 deg. 35 min 21 sec. and a chord which bears North 84 deg. |
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497 | 497 | | 07 min. 54 sec. East a distance of 1,448.74 feet. |
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498 | 498 | | Curve to the right Radius = 25.00, arc length = 39.87 feet, |
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499 | 499 | | delta = 91 deg. 22 min 29 sec. and a chord which bears South 36 deg. |
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500 | 500 | | 53 min. 11 sec. East a distance of 35.78 feet to a point on the West |
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501 | 501 | | right-of-way of Maple Leaf Drive for the Northeast corner of the |
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502 | 502 | | herein described tract. |
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503 | 503 | | Thence, the following bearings and distances along the West line of |
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504 | 504 | | Maple Leaf Drive: |
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505 | 505 | | South 8 deg. 48 min. 03 sec. West - 156.30 feet |
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506 | 506 | | Curve to the right Radius = 2,950.00, arc length =2,138.22 feet, |
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507 | 507 | | delta = 41 deg. 31 min 45 sec. and a chord which bears South 29 deg. |
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508 | 508 | | 33 min. 56 sec. West a distance of 2,09l.72 feet |
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509 | 509 | | South 50 deg. 19 min. 48 sec. West - 352.28 feet |
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510 | 510 | | Thence, continuing along the West right-of-way line of Maple Leaf |
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511 | 511 | | Drive and a curve to the left with radius on 3,250 feet, a delta |
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512 | 512 | | angle of 34 deg. 56 min. 02 sec., an arc length of 1,981.56 feet, |
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513 | 513 | | whose chord bears South 32 deg. 51 min. 47 West a distance of |
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514 | 514 | | 1,951.01 to the POINT OF BEGINNING, containing 242.462 acres |
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515 | 515 | | 10,561,639 square feet. |
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516 | 516 | | SECTION 3. (a) The legal notice of the intention to |
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517 | 517 | | introduce this Act, setting forth the general substance of this |
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518 | 518 | | Act, has been published as provided by law, and the notice and a |
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519 | 519 | | copy of this Act have been furnished to all persons, agencies, |
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520 | 520 | | officials, or entities to which they are required to be furnished |
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521 | 521 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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522 | 522 | | Government Code. |
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523 | 523 | | (b) The governor, one of the required recipients, has |
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524 | 524 | | submitted the notice and Act to the Texas Commission on |
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525 | 525 | | Environmental Quality. |
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526 | 526 | | (c) The Texas Commission on Environmental Quality has filed |
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527 | 527 | | its recommendations relating to this Act with the governor, |
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528 | 528 | | lieutenant governor, and speaker of the house of representatives |
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529 | 529 | | within the required time. |
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530 | 530 | | (d) The general law relating to consent by political |
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531 | 531 | | subdivisions to the creation of districts with conservation, |
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532 | 532 | | reclamation, and road powers and the inclusion of land in those |
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533 | 533 | | districts has been complied with. |
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534 | 534 | | (e) All requirements of the constitution and laws of this |
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535 | 535 | | state and the rules and procedures of the legislature with respect |
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536 | 536 | | to the notice, introduction, and passage of this Act have been |
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537 | 537 | | fulfilled and accomplished. |
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538 | 538 | | SECTION 4. This Act takes effect immediately if it receives |
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539 | 539 | | a vote of two-thirds of all the members elected to each house, as |
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540 | 540 | | provided by Section 39, Article III, Texas Constitution. If this |
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541 | 541 | | Act does not receive the vote necessary for immediate effect, this |
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542 | 542 | | Act takes effect September 1, 2013. |
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