4 | 12 | | AN ACT |
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5 | 13 | | relating to the creation of the Stadium Park Management District; |
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6 | 14 | | providing authority to issue bonds; providing authority to impose |
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7 | 15 | | assessments, fees, or taxes. |
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8 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 17 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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10 | 18 | | Code, is amended by adding Chapter 3950 to read as follows: |
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11 | 19 | | CHAPTER 3950. STADIUM PARK MANAGEMENT DISTRICT |
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12 | 20 | | SUBCHAPTER A. GENERAL PROVISIONS |
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13 | 21 | | Sec. 3950.001. DEFINITIONS. In this chapter: |
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14 | 22 | | (1) "Board" means the district's board of directors. |
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15 | 23 | | (2) "City" means the City of Houston. |
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16 | 24 | | (3) "County" means Harris County. |
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17 | 25 | | (4) "Director" means a board member. |
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18 | 26 | | (5) "District" means the Stadium Park Management |
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19 | 27 | | District. |
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20 | 28 | | Sec. 3950.002. CREATION AND NATURE OF DISTRICT. The |
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21 | 29 | | district is a special district created under Section 59, Article |
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22 | 30 | | XVI, Texas Constitution. |
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23 | 31 | | Sec. 3950.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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24 | 32 | | creation of the district is essential to accomplish the purposes of |
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25 | 33 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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26 | 34 | | Texas Constitution, and other public purposes stated in this |
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27 | 35 | | chapter. By creating the district and in authorizing political |
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28 | 36 | | subdivisions to contract with the district, the legislature has |
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29 | 37 | | established a program to accomplish the public purposes set out in |
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30 | 38 | | Section 52-a, Article III, Texas Constitution. |
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31 | 39 | | (b) The creation of the district is necessary to promote, |
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32 | 40 | | develop, encourage, and maintain employment, commerce, |
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33 | 41 | | transportation, housing, tourism, recreation, the arts, |
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34 | 42 | | entertainment, economic development, safety, and the public |
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35 | 43 | | welfare in the district. |
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36 | 44 | | (c) The district is created to supplement and not to |
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37 | 45 | | supplant county services provided in the district. |
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38 | 46 | | Sec. 3950.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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39 | 47 | | The district is created to serve a public use and benefit. |
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40 | 48 | | (b) All land and other property included in the district |
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41 | 49 | | will benefit from the improvements and services to be provided by |
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42 | 50 | | the district under powers conferred by Sections 52 and 52-a, |
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43 | 51 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
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44 | 52 | | other powers granted under this chapter. |
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45 | 53 | | (c) The creation of the district is in the public interest |
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46 | 54 | | and is essential to further the public purposes of: |
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47 | 55 | | (1) developing and diversifying the economy of the |
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48 | 56 | | state; |
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49 | 57 | | (2) eliminating unemployment and underemployment; |
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50 | 58 | | (3) developing or expanding transportation and |
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51 | 59 | | commerce; and |
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52 | 60 | | (4) providing quality residential housing. |
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53 | 61 | | (d) The district will: |
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54 | 62 | | (1) promote the health, safety, and general welfare of |
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55 | 63 | | residents, employers, potential employees, employees, visitors, |
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56 | 64 | | and consumers in the district, and of the public; |
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57 | 65 | | (2) provide needed funding for the district to |
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58 | 66 | | preserve, maintain, and enhance the economic health and vitality of |
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59 | 67 | | the district territory as a residential community and business |
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60 | 68 | | center; and |
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61 | 69 | | (3) promote the health, safety, welfare, and enjoyment |
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62 | 70 | | of the public by providing pedestrian ways and by landscaping, |
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63 | 71 | | removing graffiti from, and developing certain areas in the |
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64 | 72 | | district, which are necessary for the restoration, preservation, |
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65 | 73 | | and enhancement of scenic beauty. |
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66 | 74 | | (e) Pedestrian ways along or across a street, whether at |
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67 | 75 | | grade or above or below the surface, and street lighting, street |
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68 | 76 | | landscaping, vehicle parking, and street art objects are parts of |
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69 | 77 | | and necessary components of a street and are considered to be an |
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70 | 78 | | improvement project that includes a street or road improvement. |
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71 | 79 | | (f) The district will not act as the agent or |
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72 | 80 | | instrumentality of any private interest even though the district |
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73 | 81 | | will benefit many private interests as well as the public. |
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74 | 82 | | Sec. 3950.005. DISTRICT TERRITORY. (a) The district is |
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75 | 83 | | initially composed of the territory described by Section 2 of the |
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76 | 84 | | Act enacting this chapter. |
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77 | 85 | | (b) The boundaries and field notes contained in Section 2 of |
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78 | 86 | | the Act enacting this chapter form a closure. A mistake in the |
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79 | 87 | | field notes or in copying the field notes in the legislative process |
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80 | 88 | | does not affect the district's: |
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81 | 89 | | (1) organization, existence, or validity; |
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82 | 90 | | (2) right to issue any type of bond for the purposes |
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83 | 91 | | for which the district is created or to pay the principal of and |
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84 | 92 | | interest on a bond; |
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85 | 93 | | (3) right to impose or collect an assessment or tax; or |
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86 | 94 | | (4) legality or operation. |
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87 | 95 | | Sec. 3950.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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88 | 96 | | (a) All or any part of the area of the district is eligible to be |
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89 | 97 | | included in: |
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90 | 98 | | (1) a tax increment reinvestment zone created under |
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91 | 99 | | Chapter 311, Tax Code; |
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92 | 100 | | (2) a tax abatement reinvestment zone created under |
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93 | 101 | | Chapter 312, Tax Code; or |
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94 | 102 | | (3) an enterprise zone created under Chapter 2303, |
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95 | 103 | | Government Code. |
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96 | 104 | | (b) A tax increment reinvestment zone created by the city in |
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97 | 105 | | the district is not subject to the limitations provided by Section |
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98 | 106 | | 311.006(b), Tax Code. |
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99 | 107 | | (c) If the city creates a tax increment reinvestment zone |
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100 | 108 | | under Chapter 311, Tax Code, the city, by contract with the |
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101 | 109 | | district, may grant money deposited in the tax increment fund to the |
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102 | 110 | | district to be used by the district for the purposes permitted for |
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103 | 111 | | money granted to a corporation under Section 380.002(b), Local |
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104 | 112 | | Government Code, including the right to pledge the money as |
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105 | 113 | | security for any bonds issued by the district for an improvement |
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106 | 114 | | project. |
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107 | 115 | | Sec. 3950.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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108 | 116 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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109 | 117 | | Chapter 375, Local Government Code, applies to the district. |
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110 | 118 | | Sec. 3950.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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111 | 119 | | be liberally construed in conformity with the findings and purposes |
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112 | 120 | | stated in this chapter. |
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113 | 121 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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114 | 122 | | Sec. 3950.051. GOVERNING BODY; TERMS. (a) The district is |
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115 | 123 | | governed by a board of 11 voting directors who must be qualified |
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116 | 124 | | under and appointed by the governing body of the city as provided by |
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117 | 125 | | Subchapter D, Chapter 375, Local Government Code. |
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118 | 126 | | (b) The directors serve staggered terms of four years with |
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119 | 127 | | five or six directors' terms expiring June 1 of each odd-numbered |
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120 | 128 | | year. |
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121 | 129 | | Sec. 3950.052. DIRECTOR'S OATH OR AFFIRMATION. (a) A |
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122 | 130 | | director shall file the director's oath or affirmation of office |
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123 | 131 | | with the district, and the district shall retain the oath or |
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124 | 132 | | affirmation in the district records. |
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125 | 133 | | (b) A director shall file a copy of the director's oath or |
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126 | 134 | | affirmation with the clerk of the county. |
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127 | 135 | | Sec. 3950.053. QUORUM. A vacant director position is not |
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128 | 136 | | counted for purposes of establishing a quorum. |
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129 | 137 | | Sec. 3950.054. OFFICERS. The board shall elect from among |
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130 | 138 | | the directors a chair, a vice chair, and a secretary. The offices |
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131 | 139 | | of chair and secretary may not be held by the same person. |
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132 | 140 | | Sec. 3950.055. COMPENSATION; EXPENSES. (a) The district |
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133 | 141 | | may compensate each director in an amount not to exceed $50 for each |
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134 | 142 | | board meeting. The total amount of compensation a director may |
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135 | 143 | | receive each year may not exceed $2,000. |
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136 | 144 | | (b) A director is entitled to reimbursement for necessary |
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137 | 145 | | and reasonable expenses incurred in carrying out the duties and |
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138 | 146 | | responsibilities of the board. |
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139 | 147 | | Sec. 3950.056. LIABILITY INSURANCE. The district may obtain |
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140 | 148 | | and pay for comprehensive general liability insurance coverage from |
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141 | 149 | | a commercial insurance company or other source that protects and |
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142 | 150 | | insures a director against personal liability and from all claims |
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143 | 151 | | relating to: |
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144 | 152 | | (1) actions taken by the director in the director's |
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145 | 153 | | capacity as a member of the board; |
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146 | 154 | | (2) actions and activities taken by the district; or |
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147 | 155 | | (3) the actions of others acting on behalf of the |
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148 | 156 | | district. |
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149 | 157 | | Sec. 3950.057. NO EXECUTIVE COMMITTEE. The board may not |
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150 | 158 | | create an executive committee to exercise the powers of the board. |
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151 | 159 | | Sec. 3950.058. BOARD MEETINGS. The board shall hold |
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152 | 160 | | meetings at a place accessible to the public. |
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153 | 161 | | Sec. 3950.059. INITIAL DIRECTORS. (a) The initial board |
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154 | 162 | | consists of: |
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155 | 163 | | Pos. No. Name of Director Pos. No. Name of Director |
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156 | 164 | | Pos. No. Name of Director |
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157 | 165 | | 1. Gary Zimmerman; 1. Gary Zimmerman; |
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158 | 166 | | 1. Gary Zimmerman; |
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159 | 167 | | 2. Chris Pappas; 2. Chris Pappas; |
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160 | 168 | | 2. Chris Pappas; |
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161 | 169 | | 3. Al Kashani; 3. Al Kashani; |
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162 | 170 | | 3. Al Kashani; |
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163 | 171 | | 4. Terence Fontaine; 4. Terence Fontaine; |
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164 | 172 | | 4. Terence Fontaine; |
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165 | 173 | | 5. June Deadrick; 5. June Deadrick; |
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166 | 174 | | 5. June Deadrick; |
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167 | 175 | | 6. Kevin Hoffman; 6. Kevin Hoffman; |
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168 | 176 | | 6. Kevin Hoffman; |
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169 | 177 | | 7. Dallas Jones; 7. Dallas Jones; |
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170 | 178 | | 7. Dallas Jones; |
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171 | 179 | | 8. Marchris Robinson; 8. Marchris Robinson; |
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172 | 180 | | 8. Marchris Robinson; |
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173 | 181 | | 9. Jamey Rootes; 9. Jamey Rootes; |
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174 | 182 | | 9. Jamey Rootes; |
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175 | 183 | | 10. Leroy Shafer; 10. Leroy Shafer; |
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176 | 184 | | 10. Leroy Shafer; |
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177 | 185 | | 11. Ed Wulfe. 11. Ed Wulfe. |
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178 | 186 | | 11. Ed Wulfe. |
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179 | 187 | | (b) The terms of the initial directors expire June 1, 2019. |
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180 | 188 | | (c) Of the directors who replace an initial director, the |
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181 | 189 | | terms of directors serving in positions 1 through 5 expire June 1, |
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182 | 190 | | 2021, and the terms of directors serving in positions 6 through 11 |
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183 | 191 | | expire June 1, 2023. |
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184 | 192 | | (d) Section 375.063, Local Government Code, does not apply |
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185 | 193 | | to the initial directors named by Subsection (a). |
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186 | 194 | | (e) This section expires September 1, 2023. |
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187 | 195 | | SUBCHAPTER C. POWERS AND DUTIES |
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188 | 196 | | Sec. 3950.101. GENERAL POWERS AND DUTIES. The district has |
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189 | 197 | | the powers and duties necessary to accomplish the purposes for |
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190 | 198 | | which the district is created. |
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191 | 199 | | Sec. 3950.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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192 | 200 | | district may provide, design, construct, acquire, improve, |
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193 | 201 | | relocate, operate, maintain, or finance an improvement project or |
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194 | 202 | | service using money available to the district, or contract with a |
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195 | 203 | | governmental or private entity to provide, design, construct, |
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196 | 204 | | acquire, improve, relocate, operate, maintain, or finance an |
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197 | 205 | | improvement project or service authorized under this chapter or |
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198 | 206 | | Chapter 375, Local Government Code. |
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199 | 207 | | Sec. 3950.103. LOCATION OF IMPROVEMENT PROJECT. An |
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200 | 208 | | improvement project described by Section 3950.102 may be located: |
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201 | 209 | | (1) in the district; or |
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202 | 210 | | (2) in an area outside but adjacent to the district if |
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203 | 211 | | the project is for the purpose of extending a public infrastructure |
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204 | 212 | | improvement beyond the district's boundaries to a logical terminus. |
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205 | 213 | | Sec. 3950.104. DEVELOPMENT CORPORATION POWERS. The |
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206 | 214 | | district, using money available to the district, may exercise the |
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207 | 215 | | powers given to a development corporation under Chapter 505, Local |
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208 | 216 | | Government Code, including the power to own, operate, acquire, |
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209 | 217 | | construct, lease, improve, or maintain a project under that |
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210 | 218 | | chapter. |
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211 | 219 | | Sec. 3950.105. NONPROFIT CORPORATION. (a) The board by |
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212 | 220 | | resolution may authorize the creation of a nonprofit corporation to |
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213 | 221 | | assist and act for the district in implementing a project or |
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214 | 222 | | providing a service authorized by this chapter. |
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215 | 223 | | (b) The nonprofit corporation: |
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216 | 224 | | (1) has each power of and is considered to be a local |
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217 | 225 | | government corporation created under Subchapter D, Chapter 431, |
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218 | 226 | | Transportation Code; and |
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219 | 227 | | (2) may implement any project and provide any service |
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220 | 228 | | authorized by this chapter. |
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221 | 229 | | (c) The board shall appoint the board of directors of the |
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222 | 230 | | nonprofit corporation. The board of directors of the nonprofit |
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223 | 231 | | corporation shall serve in the same manner as the board of directors |
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224 | 232 | | of a local government corporation created under Subchapter D, |
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225 | 233 | | Chapter 431, Transportation Code, except that a board member is not |
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226 | 234 | | required to reside in the district. |
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227 | 235 | | Sec. 3950.106. AGREEMENTS; GRANTS. (a) As provided by |
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228 | 236 | | Chapter 375, Local Government Code, the district may make an |
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229 | 237 | | agreement with or accept a gift, grant, or loan from any person. |
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230 | 238 | | (b) The implementation of a project is a governmental |
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231 | 239 | | function or service for the purposes of Chapter 791, Government |
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232 | 240 | | Code. |
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233 | 241 | | Sec. 3950.107. LAW ENFORCEMENT SERVICES. To protect the |
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234 | 242 | | public interest, the district may contract with a qualified party, |
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235 | 243 | | including the county, to provide law enforcement services in the |
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236 | 244 | | district for a fee. |
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237 | 245 | | Sec. 3950.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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238 | 246 | | district may join and pay dues to a charitable or nonprofit |
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239 | 247 | | organization that performs a service or provides an activity |
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240 | 248 | | consistent with the furtherance of a district purpose. |
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241 | 249 | | Sec. 3950.109. ECONOMIC DEVELOPMENT. (a) The district may |
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242 | 250 | | engage in activities that accomplish the economic development |
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243 | 251 | | purposes of the district. |
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244 | 252 | | (b) The district may establish and provide for the |
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245 | 253 | | administration of one or more programs to promote state or local |
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246 | 254 | | economic development and to stimulate business and commercial |
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247 | 255 | | activity in the district, including programs to: |
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248 | 256 | | (1) make loans and grants of public money; and |
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249 | 257 | | (2) provide district personnel and services. |
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250 | 258 | | (c) The district may create economic development programs |
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251 | 259 | | and exercise the economic development powers that: |
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252 | 260 | | (1) Chapter 380, Local Government Code, provides to a |
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253 | 261 | | municipality; and |
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254 | 262 | | (2) Subchapter A, Chapter 1509, Government Code, |
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255 | 263 | | provides to a municipality. |
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256 | 264 | | Sec. 3950.110. CONCURRENCE ON ADDITIONAL POWERS. If the |
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257 | 265 | | territory of the district is located in the corporate boundaries or |
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258 | 266 | | the extraterritorial jurisdiction of a municipality, the district |
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259 | 267 | | may not exercise a power granted to the district after the date the |
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260 | 268 | | district was created unless the governing body of the municipality |
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261 | 269 | | by resolution consents to the district's exercise of the power. |
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262 | 270 | | Sec. 3950.111. NO EMINENT DOMAIN POWER. The district may |
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263 | 271 | | not exercise the power of eminent domain. |
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264 | 272 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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265 | 273 | | Sec. 3950.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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266 | 274 | | board by resolution shall establish the number of signatures and |
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267 | 275 | | the procedure required for a disbursement or transfer of the |
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268 | 276 | | district's money. |
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269 | 277 | | Sec. 3950.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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270 | 278 | | The district may acquire, construct, finance, operate, or maintain |
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271 | 279 | | an improvement project or service authorized under this chapter or |
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272 | 280 | | Chapter 375, Local Government Code, using any money available to |
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273 | 281 | | the district. |
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274 | 282 | | Sec. 3950.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT |
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275 | 283 | | BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or |
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276 | 284 | | secure the payment or repayment of any bond, note, or other |
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277 | 285 | | temporary or permanent obligation or reimbursement or other |
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278 | 286 | | contract with any person and the costs and expenses of the |
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279 | 287 | | establishment, administration, and operation of the district and |
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280 | 288 | | the district's costs or share of the costs or revenue of an |
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281 | 289 | | improvement project or district contractual obligation or |
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282 | 290 | | indebtedness by: |
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283 | 291 | | (1) the imposition of an ad valorem tax or sales and |
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284 | 292 | | use tax or an assessment, user fee, concession fee, or rental |
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285 | 293 | | charge; or |
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286 | 294 | | (2) any other revenue or resources of the district. |
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287 | 295 | | Sec. 3950.154. COSTS FOR IMPROVEMENT PROJECTS. The |
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288 | 296 | | district may undertake separately or jointly with other persons, |
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289 | 297 | | including the city or the county, all or part of the cost of an |
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290 | 298 | | improvement project, including an improvement project: |
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291 | 299 | | (1) for improving, enhancing, and supporting public |
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292 | 300 | | safety and security, fire protection and emergency medical |
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293 | 301 | | services, and law enforcement in or adjacent to the district; or |
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294 | 302 | | (2) that confers a general benefit on the entire |
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295 | 303 | | district or a special benefit on a definable part of the district. |
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296 | 304 | | Sec. 3950.155. TAX AND ASSESSMENT ABATEMENTS. The district |
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297 | 305 | | may designate reinvestment zones and may grant abatements of a tax |
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298 | 306 | | or assessment on property in the zones. |
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299 | 307 | | Sec. 3950.156. PROPERTY EXEMPT FROM IMPACT FEES. The |
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300 | 308 | | district may not impose an impact fee on a residential property, |
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301 | 309 | | including a multiunit residential property, or a condominium. |
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302 | 310 | | SUBCHAPTER E. ASSESSMENTS |
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303 | 311 | | Sec. 3950.201. PETITION REQUIRED FOR FINANCING SERVICES AND |
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304 | 312 | | IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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305 | 313 | | service or improvement project with assessments under this chapter |
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306 | 314 | | unless a written petition requesting that service or improvement |
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307 | 315 | | has been filed with the board. |
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308 | 316 | | (b) The petition must be signed by the owners of at least 60 |
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309 | 317 | | percent of the assessed value of real property in the district |
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310 | 318 | | subject to assessment according to the most recent certified tax |
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311 | 319 | | appraisal roll for the county. |
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312 | 320 | | Sec. 3950.202. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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313 | 321 | | The board by resolution may impose and collect an assessment for any |
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314 | 322 | | purpose authorized by this chapter in all or any part of the |
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315 | 323 | | district that is not a residential property, including a multiunit |
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316 | 324 | | residential property or a condominium. |
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317 | 325 | | (b) An assessment, a reassessment, or an assessment |
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318 | 326 | | resulting from an addition to or correction of the assessment roll |
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319 | 327 | | by the district, penalties and interest on an assessment or |
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320 | 328 | | reassessment, an expense of collection, and reasonable attorney's |
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321 | 329 | | fees incurred by the district: |
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322 | 330 | | (1) are a first and prior lien against the property |
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323 | 331 | | assessed; |
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324 | 332 | | (2) are superior to any other lien or claim other than |
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325 | 333 | | a lien or claim for county, school district, or municipal ad valorem |
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326 | 334 | | taxes; and |
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327 | 335 | | (3) are the personal liability of and a charge against |
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328 | 336 | | the owners of the property even if the owners are not named in the |
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329 | 337 | | assessment proceedings. |
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330 | 338 | | (c) The lien is effective from the date of the board's |
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331 | 339 | | resolution imposing the assessment until the date the assessment is |
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332 | 340 | | paid. The board may enforce the lien in the same manner that the |
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333 | 341 | | board may enforce an ad valorem tax lien against real property. |
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334 | 342 | | (d) The board may make a correction to or deletion from the |
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335 | 343 | | assessment roll that does not increase the amount of assessment of |
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336 | 344 | | any parcel of land without providing notice and holding a hearing in |
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337 | 345 | | the manner required for additional assessments. |
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338 | 346 | | Sec. 3950.203. METHOD OF NOTICE FOR HEARING. The district |
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339 | 347 | | may mail the notice required by Section 375.115(c), Local |
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340 | 348 | | Government Code, by certified or first class United States mail. |
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341 | 349 | | The board shall determine the method of notice. |
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342 | 350 | | SUBCHAPTER F. TAXES AND BONDS |
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343 | 351 | | Sec. 3950.251. TAX ABATEMENT. The district may enter into a |
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344 | 352 | | tax abatement agreement in accordance with the general laws of this |
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345 | 353 | | state authorizing and applicable to a tax abatement agreement by a |
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346 | 354 | | municipality. |
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347 | 355 | | Sec. 3950.252. PROPERTY TAX AUTHORIZED. (a) The district |
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348 | 356 | | may impose an ad valorem tax on all taxable property in the district |
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349 | 357 | | to: |
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350 | 358 | | (1) pay for an improvement project of the types |
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351 | 359 | | authorized by Section 52(b), Article III, and Section 59, Article |
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352 | 360 | | XVI, Texas Constitution; or |
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353 | 361 | | (2) secure the payment of bonds issued for a purpose |
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354 | 362 | | described by Subdivision (1). |
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355 | 363 | | (b) The district may not impose an ad valorem tax to pay for |
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356 | 364 | | an improvement project under this chapter unless: |
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357 | 365 | | (1) a written petition has been filed with the board |
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358 | 366 | | requesting an election to approve the imposition of the tax signed |
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359 | 367 | | by the owners of at least 60 percent of the assessed value of the |
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360 | 368 | | property in the district as determined from the most recent |
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361 | 369 | | certified county property tax rolls; and |
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362 | 370 | | (2) the imposition of the tax is approved by the voters |
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363 | 371 | | of the district voting at the requested election. |
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364 | 372 | | (c) The district may not impose an ad valorem tax on a |
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365 | 373 | | residential property, including a multiunit residential property |
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366 | 374 | | or a condominium. |
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367 | 375 | | Sec. 3950.253. SALES AND USE TAX. (a) The district may |
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368 | 376 | | impose a sales and use tax if authorized by a majority of the voters |
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369 | 377 | | of the district voting at an election called for that purpose. |
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370 | 378 | | Revenue from the tax may be used for any purpose for which ad |
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371 | 379 | | valorem tax revenue of the district may be used. |
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372 | 380 | | (b) The district may not adopt a sales and use tax if as a |
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373 | 381 | | result of the adoption of the tax the combined rate of all sales and |
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374 | 382 | | use taxes imposed by the district and other political subdivisions |
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375 | 383 | | of this state having territory in the district would exceed two |
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376 | 384 | | percent at any location in the district. |
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377 | 385 | | (c) If the voters of the district approve the adoption of |
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378 | 386 | | the tax at an election held on the same election date on which |
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379 | 387 | | another political subdivision adopts a sales and use tax or |
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380 | 388 | | approves an increase in the rate of its sales and use tax and as a |
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381 | 389 | | result the combined rate of all sales and use taxes imposed by the |
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382 | 390 | | district and other political subdivisions of this state having |
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383 | 391 | | territory in the district would exceed two percent at any location |
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384 | 392 | | in the district, the election to adopt a sales and use tax under |
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385 | 393 | | this chapter has no effect. |
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386 | 394 | | Sec. 3950.254. BONDS AND OTHER OBLIGATIONS. (a) The |
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387 | 395 | | district may issue, by public or private sale, bonds, notes, or |
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388 | 396 | | other obligations payable wholly or partly from ad valorem taxes, |
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389 | 397 | | sales and use taxes, or assessments in the manner provided by |
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390 | 398 | | Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local |
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391 | 399 | | Government Code. |
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392 | 400 | | (b) In exercising the district's borrowing power, the |
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393 | 401 | | district may issue a bond or other obligation in the form of a bond, |
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394 | 402 | | note, certificate of participation or other instrument evidencing a |
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395 | 403 | | proportionate interest in payments to be made by the district, or |
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396 | 404 | | other type of obligation. |
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397 | 405 | | (c) In addition to the sources of money described by |
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398 | 406 | | Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local |
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399 | 407 | | Government Code, district bonds may be secured and made payable |
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400 | 408 | | wholly or partly by a pledge of any part of the money the district |
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401 | 409 | | receives from improvement revenue or from any other source. |
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402 | 410 | | Sec. 3950.255. BOND MATURITY. Bonds may mature not more |
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403 | 411 | | than 40 years from their date of issue. |
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404 | 412 | | Sec. 3950.256. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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405 | 413 | | the time bonds or other obligations payable wholly or partly from ad |
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406 | 414 | | valorem taxes are issued: |
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407 | 415 | | (1) the board shall impose a continuing direct annual |
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408 | 416 | | ad valorem tax for each year that all or part of the bonds are |
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409 | 417 | | outstanding; and |
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410 | 418 | | (2) the district annually shall impose an ad valorem |
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411 | 419 | | tax on all taxable property in the district in an amount sufficient |
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412 | 420 | | to: |
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413 | 421 | | (A) pay the interest on the bonds or other |
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414 | 422 | | obligations as the interest becomes due; and |
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415 | 423 | | (B) create a sinking fund for the payment of the |
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416 | 424 | | principal of the bonds or other obligations when due or the |
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417 | 425 | | redemption price at any earlier required redemption date. |
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418 | 426 | | SUBCHAPTER G. DISSOLUTION |
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419 | 427 | | Sec. 3950.301. DISSOLUTION BY ORDINANCE. (a) A |
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420 | 428 | | municipality that includes territory of the district, in the |
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421 | 429 | | corporate boundaries or extraterritorial jurisdiction of the |
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422 | 430 | | municipality, by ordinance may dissolve the district. |
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423 | 431 | | (b) The municipality may not dissolve the district until the |
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424 | 432 | | district's outstanding debt or contractual obligations that are |
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425 | 433 | | payable from ad valorem taxes have been repaid or discharged, or the |
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426 | 434 | | municipality has affirmatively assumed the obligation to pay the |
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427 | 435 | | outstanding debt from municipal revenue. |
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428 | 436 | | Sec. 3950.302. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
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429 | 437 | | (a) If the dissolved district has bonds or other obligations |
---|
430 | 438 | | outstanding secured by and payable from assessments or other |
---|
431 | 439 | | revenue, other than ad valorem taxes, the municipality that |
---|
432 | 440 | | dissolves the district shall succeed to the rights and obligations |
---|
433 | 441 | | of the district regarding enforcement and collection of the |
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434 | 442 | | assessments or other revenue. |
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435 | 443 | | (b) The municipality shall have and exercise all district |
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436 | 444 | | powers to enforce and collect the assessments or other revenue to |
---|
437 | 445 | | pay: |
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438 | 446 | | (1) the bonds or other obligations when due and |
---|
439 | 447 | | payable according to their terms; or |
---|
440 | 448 | | (2) special revenue or assessment bonds or other |
---|
441 | 449 | | obligations issued by the municipality to refund the outstanding |
---|
442 | 450 | | bonds or obligations. |
---|
443 | 451 | | Sec. 3950.303. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
---|
444 | 452 | | If a municipality dissolves the district, the municipality assumes, |
---|
445 | 453 | | subject to the appropriation and availability of funds, the |
---|
446 | 454 | | obligations of the district, including any bonds or other debt |
---|
447 | 455 | | payable from assessments or other district revenue. |
---|
448 | 456 | | (b) If a municipality dissolves the district, the board |
---|
449 | 457 | | shall transfer ownership of all district property to the |
---|
450 | 458 | | municipality. |
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451 | 459 | | SECTION 2. The Stadium Park Management District initially |
---|
452 | 460 | | includes all the territory contained in the following area: |
---|
453 | 461 | | Being an area of +/- 1,234 acres (1.93 sq. miles) centered on Kirby |
---|
454 | 462 | | Dr. and IH 610 (S Loop W) with said area being more particularly |
---|
455 | 463 | | described by the following |
---|
456 | 464 | | Beginning at intersection of north right-of-way (ROW) of Old |
---|
457 | 465 | | Spanish Trail/US 90A Hwy. and east ROW of Greenbriar Dr.; |
---|
458 | 466 | | Then generally south along east ROW of Greenbriar Dr. across the |
---|
459 | 467 | | ROW of Fannin St. to east ROW of Fannin St. and northwest corner of |
---|
460 | 468 | | 3.2334 ac. parcel (RES A BLK 1 HOMESTEAD VILLAGE-ASTRODOME); |
---|
461 | 469 | | Then south along east ROW of Fannin St. and west boundary of said |
---|
462 | 470 | | 3.2334 ac. parcel to a point west of south boundary line of said |
---|
463 | 471 | | 3.2334 ac. parcel; |
---|
464 | 472 | | Then east along south boundary of said 3.2334 ac. parcel to |
---|
465 | 473 | | southeast corner of said parcel and southwest corner of 3.368 ac. |
---|
466 | 474 | | parcel (RES A BLK 1 ASTRODOME OAKS SEC 1 R/P PAR R/P); |
---|
467 | 475 | | Then north along west boundary of said 3.368 ac. parcel to northwest |
---|
468 | 476 | | corner of said parcel; |
---|
469 | 477 | | Then east along north boundary of said 3.368 ac. parcel to northeast |
---|
470 | 478 | | corner of said parcel; |
---|
471 | 479 | | Then south along east boundary of said 3.368 ac. parcel and west ROW |
---|
472 | 480 | | of Knight Rd. to a point east of north boundary of 28.7947 ac. tract |
---|
473 | 481 | | (TR 1 (BLDGS 1 THRU 25) & TR 1 (BLDGS 16 THRU 32) ASTRODOME OAKS SEC |
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474 | 482 | | 2 R/P ASTRODOME OAKS SEC 1 R/P); |
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475 | 483 | | Then generally west along north boundary of said 28.7947 ac. tract |
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476 | 484 | | to east ROW of Fannin St; |
---|
477 | 485 | | Then south along east ROW of Fannin St. and west boundary of said |
---|
478 | 486 | | 28.7947 ac. tract, across Holly Hall St., along west boundary of |
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479 | 487 | | 21.027 ac. tract (RES A BLK 1 HOLLY HALL HOME FOR THE RETIRED 3RD |
---|
480 | 488 | | R/P) to southwest corner of said 21.027 ac. tract; |
---|
481 | 489 | | Then east, south and east along south boundary of said 21.027 ac. |
---|
482 | 490 | | tract, across Knight Rd. to southeast corner of 0.2433 ac. parcel |
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483 | 491 | | (LTS 1 & 2 BLK 5 KNIGHTS MAIN STREET) and east ROW of Knight Rd.; |
---|
484 | 492 | | Then south along east ROW of Knight Rd. across Englemohr St. to |
---|
485 | 493 | | northwest corner of 0.1217 ac. parcel (LT 3 BLK 37 KNIGHTS MAIN |
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486 | 494 | | STREET); |
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487 | 495 | | Then east along north boundary of said 0.1217 ac. parcel, 0.1148 ac. |
---|
488 | 496 | | parcel (LT 5 BLK 37 KNIGHTS MAIN STREET), 0.1217 ac. parcel (LT 6 |
---|
489 | 497 | | BLK 38 KNIGHTS MAIN STREET), 0.2433 ac. parcel (LTS 4 & 5 BLK 38 |
---|
490 | 498 | | KNIGHTS MAIN STREET), 0.4798 ac. parcel (RES A BLK 1 KATIE FEINGERSH |
---|
491 | 499 | | ESTATES), 0.1217 ac. parcel (LT 3 BLK 40 KNIGHTS MAIN STREET), |
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492 | 500 | | across S. David St., 0.2433 ac. parcel (LTS 3 & 4 BLK 41 KNIGHTS MAIN |
---|
493 | 501 | | STREET), 0.1148 ac. parcel (LT 5 BLK 41 KNIGHTS MAIN STREET), 0.1217 |
---|
494 | 502 | | ac. parcel (LT 6 BLK 42 KNIGHTS MAIN STREET), 0.2433 ac. parcel (LTS |
---|
495 | 503 | | 4 & 5 BLK 42 KNIGHTS MAIN STREET), 0.1217 ac. parcel (LT 4 BLK 43 |
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496 | 504 | | KNIGHTS MAIN STREET), 0.1217 ac. parcel (LT 5 BLK 43 KNIGHTS MAIN |
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497 | 505 | | STREET), 0.1217 ac. parcel (LT 6 BLK 43 KNIGHTS MAIN STREET), 0.1148 |
---|
498 | 506 | | ac. parcel (LT 5 BLK 44 KNIGHTS MAIN STREET), 0.2433 ac. parcel (LTS |
---|
499 | 507 | | 3 & 4 BLK 44 KNIGHTS MAIN STREET) to northeast corner of said 0.2433 |
---|
500 | 508 | | ac. parcel and west ROW Cambridge St.; |
---|
501 | 509 | | Then north along west ROW of Cambridge St. to north ROW of Holly |
---|
502 | 510 | | Hall St; |
---|
503 | 511 | | Then east along north ROW of Holly Hall St. to centerline of FM 521 |
---|
504 | 512 | | Rd. (Almeda Rd.); |
---|
505 | 513 | | Then south by west along centerline of FM 521 Rd. (Almeda Rd.) to |
---|
506 | 514 | | north ROW of westbound feeder road IH 610 (S Loop W); |
---|
507 | 515 | | Then generally west along north ROW of westbound feeder road IH 610 |
---|
508 | 516 | | (S Loop W) to a point north of northeast corner of 14.01 ac. tract |
---|
509 | 517 | | (TR 1U ABST 874 J WALTERS); |
---|
510 | 518 | | Then south across ROW of IH 610 (S Loop W) and along east boundary of |
---|
511 | 519 | | said 14.01 ac. tract to southeast corner of said tract and north |
---|
512 | 520 | | boundary of 15.0459 ac. tract (TRS 2A-1 2B-2 & 2C-2 ABST 874 J |
---|
513 | 521 | | WALTERS); |
---|
514 | 522 | | Then east northeast along north boundary of said 15.0459 ac. tract |
---|
515 | 523 | | to northeast corner of said tract and west ROW of Knight Rd.; |
---|
516 | 524 | | Then east across ROW of Knight Rd. to east ROW of Knight Rd.; |
---|
517 | 525 | | Then south along east ROW of Knight Rd. to south ROW of Holmes Rd.; |
---|
518 | 526 | | Then west southwest along south ROW of Holmes Rd. to a point south |
---|
519 | 527 | | of southwest corner of 12.5087 ac. parcel (RES A4 BLK 1 CORPORATE |
---|
520 | 528 | | CENTRE KIRBY); |
---|
521 | 529 | | Then north across ROW of Holmes Rd. along west boundary of said |
---|
522 | 530 | | 12.5087 ac. parcel, 9.766 ac. parcel (RES A2 BLK 1 CORPORATE CENTRE |
---|
523 | 531 | | KIRBY) to northwest corner of said 9.766 ac. parcel and south |
---|
524 | 532 | | boundary of 8 ac. parcel (TRS 3 THRU 10 IN TR 8 ABST 179 BBB&C RR |
---|
525 | 533 | | CO); |
---|
526 | 534 | | Then west along south boundary of said 8 ac. parcel, 1 ac. tract (TR |
---|
527 | 535 | | 1 IN TR 8 ABST 179 BBB&C RR CO) to southwest corner of said 1 ac. |
---|
528 | 536 | | tract and east boundary of 15.47 ac. parcel (RESERVE BLK 1 MOORINGS |
---|
529 | 537 | | APTS R/P); |
---|
530 | 538 | | Then north along east boundary of said 15.47 ac. parcel to northeast |
---|
531 | 539 | | corner of said parcel; |
---|
532 | 540 | | Then west along north boundary of said 15.47 ac. parcel, across |
---|
533 | 541 | | Lakes at 610 Dr. to west ROW of Lakes at 610 Dr.; |
---|
534 | 542 | | Then north along west ROW of Lakes at 610 Dr. to south ROW of W. |
---|
535 | 543 | | Bellfort Ave.; |
---|
536 | 544 | | Then generally west along south ROW of W. Bellfort Ave. to west ROW |
---|
537 | 545 | | of S. Main St.; |
---|
538 | 546 | | Then northeast by north along west ROW of S. Main St. to south ROW |
---|
539 | 547 | | of eastbound feeder road IH 610 (S Loop W); |
---|
540 | 548 | | Then northeast to intersection of ROW centerline of S. Main St. and |
---|
541 | 549 | | IH 610 (S Loop W); |
---|
542 | 550 | | Then northeast by north along ROW centerline of S. Main St. to a |
---|
543 | 551 | | point northwest by north of north corner of 1.3593 ac. tract (TR |
---|
544 | 552 | | 7H-1A ABST 645 P W ROSE) at south ROW of Braeswood Park St.; |
---|
545 | 553 | | Then southeast by east across east ROW of S. Main St. and along |
---|
546 | 554 | | north boundary of said 1.3593 ac. tract to east corner of said |
---|
547 | 555 | | parcel; |
---|
548 | 556 | | Then southwest by south along east boundary of said 1.3593 ac. tract |
---|
549 | 557 | | to south corner of said tract and north boundary of 1.417 ac. parcel |
---|
550 | 558 | | (RES A BLK 1 RESIDENCE INN MEDICAL CENTER); |
---|
551 | 559 | | Then east northeast along north boundary of said 1.417 ac. parcel to |
---|
552 | 560 | | northeast corner of said parcel and west boundary of 5.566 ac. |
---|
553 | 561 | | parcel (RES C BLK 1 KIRBY OST ASSOCIATES); |
---|
554 | 562 | | Then generally south southeast along east boundary of said 1.417 |
---|
555 | 563 | | ac. tract and west boundary of said 5.566 ac. parcel to north ROW of |
---|
556 | 564 | | Old Spanish Trail/US 90A Hwy.; |
---|
557 | 565 | | Then east by north along north ROW of Old Spanish Trail/US 90A Hwy. |
---|
558 | 566 | | to east ROW of Greenbriar St and point of beginning of +/- 1,234 ac. |
---|
559 | 567 | | area. |
---|
560 | 568 | | Save and Except CITY PLAZA CONDO; |
---|
561 | 569 | | Save and Except PLAZA DEL ORO SEC 2 R/P RES A; |
---|
562 | 570 | | Save and Except PLAZA DEL ORO SEC 1 RES B5; |
---|
563 | 571 | | Save and Except KNIGHTS MAIN STREET LTS 1 3 & TR 2 BLK 9; |
---|
564 | 572 | | Save and Except NAOMI AVENUE PLACE LTS 1-12 BLK 1; |
---|
565 | 573 | | Save and Except KNIGHTS MAIN STREET LTS 1 THRU 5 BLK 12; |
---|
566 | 574 | | Save and Except SOUTH POINT BUSINESS PARK SEC 2 RES J; |
---|
567 | 575 | | Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES D2; |
---|
568 | 576 | | Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES D3; |
---|
569 | 577 | | Save and Except SOUTH POINT BUSINESS PARK SEC 4 RES E; |
---|
570 | 578 | | Save and Except Harris County Improvement District No. 8; |
---|
571 | 579 | | Save and Except MIKE CALVERT TOYOTA RES A BLK 1; |
---|
572 | 580 | | Save and Except LAKES AT 610 SEC 1 RES E1; |
---|
573 | 581 | | Save and Except LAKES AT 610 SEC 1 RES A4-A A5-A A6 & A7; |
---|
574 | 582 | | Save and Except CENTRAL HOUSTON NISSAN RES A BLK 1; |
---|
575 | 583 | | Save and Except LAKES AT 610 SEC 2 RES A1-C; |
---|
576 | 584 | | Save and Except LAKES AT 610 SEC 3 RES A1; |
---|
577 | 585 | | Save and Except PARK LAKE APT BLDGS 1 THRU 29; |
---|
578 | 586 | | Save and Except ABST 887 J HAMILTON TR 31C; |
---|
579 | 587 | | Save and Except ABST 887 J HAMILTON TR 32; |
---|
580 | 588 | | Save and Except BUFFALO SPEEDWAY LTS 1-24 BLK 1; |
---|
581 | 589 | | Save and Except BUFFALO SPEEDWAY PERMANENT ACCESS ESMT; |
---|
582 | 590 | | Save and Except BUFFALO SPEEDWAY RES A BLK 1; |
---|
583 | 591 | | Save and Except BUFFALO SPEEDWAY RES B BLK 1; |
---|
584 | 592 | | Save and Except BUFFALO SPEEDWAY RES C BLK 1; |
---|
585 | 593 | | Save and Except MAIN MEDICAL PLAZA RES A BLK 1; |
---|
586 | 594 | | Save and Except SOUTH LOOP / SOUTH MAIN RES C1-A BLK 1; |
---|
587 | 595 | | Save and Except HEARTHWOOD CONDO SEC 1 BLDGS 1-19; |
---|
588 | 596 | | Save and Except ABST 645 P W ROSE TR 8; |
---|
589 | 597 | | Save and Except TRS 6 7 & 10 & TR 4B ABST 874 J WALTERS & TRS 6 7 & 10 |
---|
590 | 598 | | ABST 887 J HAMILTON ABST 645 P W ROSE; |
---|
591 | 599 | | Save and Except HOWARD JOHNSON-ASTRODOME RES A BLK 1; |
---|
592 | 600 | | Save and Except ABST 645 P W ROSE TR 5 & TRS 5 & 8A ABST 887 J |
---|
593 | 601 | | HAMILTON; |
---|
594 | 602 | | Save and Except REINGERSH ESTATES RES A BLK 1; |
---|
595 | 603 | | Save and Except HEARTHWOOD BUSINESS PARK SEC 1 RES A; |
---|
596 | 604 | | Save and Except ABST 887 J HAMILTON TR 28; |
---|
597 | 605 | | Save and Except HEARTHWOOD 2 CONDO PH 1-6; |
---|
598 | 606 | | Save and Except ABST 887 J HAMILTON TR 1B-7; |
---|
599 | 607 | | Save and Except HEARTHWOOD BUSINESS PARK SEC 2 RES B1; |
---|
600 | 608 | | Save and Except ABST 887 J HAMILTON TR 1B-6; |
---|
601 | 609 | | Save and Except R & S PARK PT RES B BLK 1 (POLLUTION CONTROL) |
---|
602 | 610 | | (DETENTION POND); |
---|
603 | 611 | | Save and Except R & S PARK PT RES B BLK 1 (PC*1200210010003); |
---|
604 | 612 | | Save and Except ABST 887 J HAMILTON TR 28A; |
---|
605 | 613 | | Save and Except ABST 887 J HAMILTON TR 15A; |
---|
606 | 614 | | Save and Except RES A BLK 1 FANNIN AT THE LOOP; |
---|
607 | 615 | | Save and Except LTS 3-5 BLK 37 KNIGHTS MAIN STREET; |
---|
608 | 616 | | Save and Except LTS 4-6 BLK 38 KNIGHTS MAIN STREET; |
---|
609 | 617 | | Save and Except LTS 1-6 BLK 60 KNIGHTS MAIN STREET; |
---|
610 | 618 | | Save and Except LTS 1-2, 6 BLK 61 KNIGHTS MAIN STREET; |
---|
611 | 619 | | Save and Except RES A LAKES AT 610 SEC 2; |
---|
612 | 620 | | Save and Except LT 6 BLK 13 KNIGHTS MAIN STREET; |
---|
613 | 621 | | Save and Except LTS 1 & 2 BLK 14 KNIGHTS MAIN STREET; |
---|
614 | 622 | | Save and Except LTS 1 & 2 BLK 13 KNIGHTS MAIN STREET; |
---|
615 | 623 | | Save and Except LTS 3 4 & 5 & TR 7 BLK 13 KNIGHTS MAIN STREET; |
---|
616 | 624 | | Save and Except RES A BLK 1 GRAINGER SOUTH LOOP; |
---|
617 | 625 | | Save and Except LT 4 BLK 14 KNIGHTS MAIN STREET; |
---|
618 | 626 | | Save and Except LTS 5 & 6 BLK 14 KNIGHTS MAIN STREET; |
---|
619 | 627 | | SECTION 3. (a) The legal notice of the intention to |
---|
620 | 628 | | introduce this Act, setting forth the general substance of this |
---|
621 | 629 | | Act, has been published as provided by law, and the notice and a |
---|
622 | 630 | | copy of this Act have been furnished to all persons, agencies, |
---|
623 | 631 | | officials, or entities to which they are required to be furnished |
---|
624 | 632 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
625 | 633 | | Government Code. |
---|
626 | 634 | | (b) The governor, one of the required recipients, has |
---|
627 | 635 | | submitted the notice and Act to the Texas Commission on |
---|
628 | 636 | | Environmental Quality. |
---|
629 | 637 | | (c) The Texas Commission on Environmental Quality has filed |
---|
630 | 638 | | its recommendations relating to this Act with the governor, |
---|
631 | 639 | | lieutenant governor, and speaker of the house of representatives |
---|
632 | 640 | | within the required time. |
---|
633 | 641 | | (d) The general law relating to consent by political |
---|
634 | 642 | | subdivisions to the creation of districts with conservation, |
---|
635 | 643 | | reclamation, and road powers and the inclusion of land in those |
---|
636 | 644 | | districts has been complied with. |
---|
637 | 645 | | (e) All requirements of the constitution and laws of this |
---|
638 | 646 | | state and the rules and procedures of the legislature with respect |
---|
639 | 647 | | to the notice, introduction, and passage of this Act have been |
---|
640 | 648 | | fulfilled and accomplished. |
---|
641 | 649 | | SECTION 4. This Act takes effect immediately if it receives |
---|
642 | 650 | | a vote of two-thirds of all the members elected to each house, as |
---|
643 | 651 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
644 | 652 | | Act does not receive the vote necessary for immediate effect, this |
---|
645 | 653 | | Act takes effect September 1, 2017. |
---|