1 | 1 | | 85R8261 SMT-F |
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2 | 2 | | By: Creighton S.B. No. 2249 |
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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 East Lake Houston Management |
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8 | 8 | | District; providing authority to issue bonds; providing authority |
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9 | 9 | | to impose assessments, 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 3936 to read as follows: |
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13 | 13 | | CHAPTER 3936. EAST LAKE HOUSTON MANAGEMENT DISTRICT |
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14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
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15 | 15 | | Sec. 3936.001. 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 Houston. |
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18 | 18 | | (3) "Director" means a board member. |
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19 | 19 | | (4) "District" means the East Lake Houston Management |
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20 | 20 | | District. |
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21 | 21 | | Sec. 3936.002. CREATION AND NATURE OF DISTRICT. The |
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22 | 22 | | district is a special district created under Section 59, Article |
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23 | 23 | | XVI, Texas Constitution. |
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24 | 24 | | Sec. 3936.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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25 | 25 | | creation of the district is essential to accomplish the purposes of |
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26 | 26 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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27 | 27 | | Texas Constitution, and other public purposes stated in this |
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28 | 28 | | chapter. By creating the district and in authorizing the city and |
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29 | 29 | | other political subdivisions to contract with the district, the |
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30 | 30 | | legislature has established a program to accomplish the public |
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31 | 31 | | purposes set out in Section 52-a, Article III, Texas Constitution. |
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32 | 32 | | (b) The creation of the district is necessary to promote, |
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33 | 33 | | develop, encourage, and maintain employment, commerce, |
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34 | 34 | | transportation, housing, tourism, recreation, the arts, |
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35 | 35 | | entertainment, economic development, safety, and the public |
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36 | 36 | | welfare in the district. |
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37 | 37 | | (c) The district is created to supplement and not to |
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38 | 38 | | supplant city services provided in the district. |
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39 | 39 | | Sec. 3936.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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40 | 40 | | The district is created to serve a public use and benefit. |
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41 | 41 | | (b) All land and other property included in the district |
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42 | 42 | | will benefit from the improvements and services to be provided by |
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43 | 43 | | the district under powers conferred by Sections 52 and 52-a, |
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44 | 44 | | Article III, and Section 59, Article XVI, Texas Constitution, and |
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45 | 45 | | other powers granted under this chapter. |
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46 | 46 | | (c) The creation of the district is in the public interest |
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47 | 47 | | and is essential to further the public purposes of: |
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48 | 48 | | (1) developing and diversifying the economy of the |
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49 | 49 | | state; |
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50 | 50 | | (2) eliminating unemployment and underemployment; |
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51 | 51 | | (3) developing or expanding transportation and |
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52 | 52 | | commerce; and |
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53 | 53 | | (4) providing quality residential housing. |
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54 | 54 | | (d) The district will: |
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55 | 55 | | (1) promote the health, safety, and general welfare of |
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56 | 56 | | residents, employers, potential employees, employees, visitors, |
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57 | 57 | | and consumers in the district, and of the public; |
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58 | 58 | | (2) provide needed funding for the district to |
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59 | 59 | | preserve, maintain, and enhance the economic health and vitality of |
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60 | 60 | | the district territory as a residential community and business |
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61 | 61 | | center; and |
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62 | 62 | | (3) promote the health, safety, welfare, and enjoyment |
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63 | 63 | | of the public by providing pedestrian ways and by landscaping, |
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64 | 64 | | removing graffiti from, and developing certain areas in the |
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65 | 65 | | district, which are necessary for the restoration, preservation, |
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66 | 66 | | and enhancement of scenic beauty. |
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67 | 67 | | (e) Pedestrian ways along or across a street, whether at |
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68 | 68 | | grade or above or below the surface, and street lighting, street |
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69 | 69 | | landscaping, vehicle parking, and street art objects are parts of |
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70 | 70 | | and necessary components of a street and are considered to be an |
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71 | 71 | | improvement project that includes a street or road improvement. |
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72 | 72 | | (f) The district will not act as the agent or |
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73 | 73 | | instrumentality of any private interest even though the district |
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74 | 74 | | will benefit many private interests as well as the public. |
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75 | 75 | | Sec. 3936.005. DISTRICT TERRITORY. (a) The district is |
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76 | 76 | | initially composed of the territory described by Section 2 of the |
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77 | 77 | | Act enacting this chapter. |
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78 | 78 | | (b) The boundaries and field notes contained in Section 2 of |
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79 | 79 | | the Act enacting this chapter form a closure. A mistake in the |
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80 | 80 | | field notes or in copying the field notes in the legislative process |
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81 | 81 | | does not affect the district's: |
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82 | 82 | | (1) organization, existence, or validity; |
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83 | 83 | | (2) right to issue any type of bond for the purposes |
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84 | 84 | | for which the district is created or to pay the principal of and |
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85 | 85 | | interest on a bond; |
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86 | 86 | | (3) right to impose or collect an assessment or tax; or |
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87 | 87 | | (4) legality or operation. |
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88 | 88 | | Sec. 3936.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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89 | 89 | | (a) All or any part of the area of the district is eligible to be |
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90 | 90 | | included in: |
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91 | 91 | | (1) a tax increment reinvestment zone created under |
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92 | 92 | | Chapter 311, Tax Code; |
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93 | 93 | | (2) a tax abatement reinvestment zone created under |
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94 | 94 | | Chapter 312, Tax Code; |
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95 | 95 | | (3) an enterprise zone created under Chapter 2303, |
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96 | 96 | | Government Code; or |
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97 | 97 | | (4) an industrial district created under Chapter 42, |
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98 | 98 | | Local Government Code. |
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99 | 99 | | (b) If the city creates a tax increment reinvestment zone |
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100 | 100 | | described by Subsection (a), the city and the board of directors of |
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101 | 101 | | the zone, by contract with the district, may grant money deposited |
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102 | 102 | | in the tax increment fund to the district to be used by the district |
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103 | 103 | | for the purposes permitted for money granted to a corporation under |
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104 | 104 | | Section 380.002(b), Local Government Code, including the right to |
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105 | 105 | | pledge the money as security for any bonds issued by the district |
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106 | 106 | | for an improvement project. |
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107 | 107 | | (c) A tax increment reinvestment zone created by the city in |
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108 | 108 | | the district is not subject to the limitations provided by Section |
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109 | 109 | | 311.006(b), Tax Code. |
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110 | 110 | | Sec. 3936.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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111 | 111 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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112 | 112 | | Chapter 375, Local Government Code, applies to the district. |
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113 | 113 | | Sec. 3936.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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114 | 114 | | be liberally construed in conformity with the findings and purposes |
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115 | 115 | | stated in this chapter. |
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116 | 116 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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117 | 117 | | Sec. 3936.051. GOVERNING BODY; TERMS. The district is |
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118 | 118 | | governed by a board of five voting directors who serve staggered |
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119 | 119 | | terms of four years with two or three directors' terms expiring June |
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120 | 120 | | 1 of each odd-numbered year. |
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121 | 121 | | Sec. 3936.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY |
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122 | 122 | | CITY. To be qualified to serve as a director appointed by the |
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123 | 123 | | governing body of the city, a person must be: |
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124 | 124 | | (1) a resident of the district who is also a registered |
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125 | 125 | | voter of the district; |
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126 | 126 | | (2) an owner of property in the district; |
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127 | 127 | | (3) an owner of stock or a partnership or membership |
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128 | 128 | | interest, whether beneficial or otherwise, of a corporate |
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129 | 129 | | partnership, limited liability company, or other entity owner of a |
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130 | 130 | | direct or indirect interest in property in the district; |
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131 | 131 | | (4) an owner of a beneficial interest in a trust, or a |
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132 | 132 | | trustee in a trust, that directly or indirectly owns property in the |
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133 | 133 | | district; |
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134 | 134 | | (5) an agent, employee, or tenant of a person |
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135 | 135 | | described by Subdivision (2), (3), or (4); or |
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136 | 136 | | (6) an initial director. |
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137 | 137 | | Sec. 3936.053. APPOINTMENT OF DIRECTORS. The governing |
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138 | 138 | | body of the city shall appoint directors from persons recommended |
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139 | 139 | | by the board. |
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140 | 140 | | Sec. 3936.054. VACANCY. If a vacancy occurs on the board, |
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141 | 141 | | the remaining directors shall appoint a director for the remainder |
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142 | 142 | | of the unexpired term. |
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143 | 143 | | Sec. 3936.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A |
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144 | 144 | | director shall file the director's oath or affirmation of office |
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145 | 145 | | with the district, and the district shall retain the oath or |
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146 | 146 | | affirmation in the district records. |
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147 | 147 | | (b) A director shall file a copy of the director's oath or |
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148 | 148 | | affirmation with the secretary of the city. |
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149 | 149 | | Sec. 3936.056. QUORUM. A vacant director position is not |
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150 | 150 | | counted for purposes of establishing a quorum. |
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151 | 151 | | Sec. 3936.057. OFFICERS. The board shall elect from among |
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152 | 152 | | the directors a chair, a vice chair, and a secretary. The offices |
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153 | 153 | | of chair and secretary may not be held by the same person. |
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154 | 154 | | Sec. 3936.058. COMPENSATION; EXPENSES. (a) The district |
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155 | 155 | | may compensate each director in an amount not to exceed $50 for each |
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156 | 156 | | board meeting. The total amount of compensation a director may |
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157 | 157 | | receive each year may not exceed $2,000. |
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158 | 158 | | (b) A director is entitled to reimbursement for necessary |
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159 | 159 | | and reasonable expenses incurred in carrying out the duties and |
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160 | 160 | | responsibilities of the board. |
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161 | 161 | | Sec. 3936.059. LIABILITY INSURANCE. The district may obtain |
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162 | 162 | | and pay for comprehensive general liability insurance coverage from |
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163 | 163 | | a commercial insurance company or other source that protects and |
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164 | 164 | | insures a director against personal liability and from all claims |
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165 | 165 | | relating to: |
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166 | 166 | | (1) actions taken by the director in the director's |
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167 | 167 | | capacity as a member of the board; |
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168 | 168 | | (2) actions and activities taken by the district; or |
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169 | 169 | | (3) the actions of others acting on behalf of the |
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170 | 170 | | district. |
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171 | 171 | | Sec. 3936.060. NO EXECUTIVE COMMITTEE. The board may not |
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172 | 172 | | create an executive committee to exercise the powers of the board. |
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173 | 173 | | Sec. 3936.061. BOARD MEETINGS. The board shall hold |
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174 | 174 | | meetings at a place accessible to the public. |
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175 | 175 | | Sec. 3936.062. INITIAL DIRECTORS. (a) The initial board |
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176 | 176 | | consists of: |
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177 | 177 | | Pos. No. Name of Director Pos. No. Name of Director |
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178 | 178 | | Pos. No. Name of Director |
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179 | 179 | | 1 __________ 1 __________ |
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180 | 180 | | 1 __________ |
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181 | 181 | | 2 __________ 2 __________ |
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182 | 182 | | 2 __________ |
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183 | 183 | | 3 __________ 3 __________ |
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184 | 184 | | 3 __________ |
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185 | 185 | | 4 __________ 4 __________ |
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186 | 186 | | 4 __________ |
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187 | 187 | | 5 __________ 5 __________ |
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188 | 188 | | 5 __________ |
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189 | 189 | | (b) The terms of the initial directors expire June 1, 2019. |
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190 | 190 | | (c) Of the directors who replace an initial director, the |
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191 | 191 | | terms of directors serving in positions 1 through 3 expire June 1, |
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192 | 192 | | 2021, and the terms of directors serving in positions 4 and 5 expire |
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193 | 193 | | June 1, 2023. |
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194 | 194 | | (d) Section 3936.052 does not apply to initial directors |
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195 | 195 | | under this section. |
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196 | 196 | | (e) This section expires September 1, 2023. |
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197 | 197 | | SUBCHAPTER C. POWERS AND DUTIES |
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198 | 198 | | Sec. 3936.101. GENERAL POWERS AND DUTIES. The district has |
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199 | 199 | | the powers and duties necessary to accomplish the purposes for |
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200 | 200 | | which the district is created. |
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201 | 201 | | Sec. 3936.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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202 | 202 | | district may provide, design, construct, acquire, improve, |
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203 | 203 | | relocate, operate, maintain, or finance an improvement project or |
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204 | 204 | | service using money available to the district, or contract with a |
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205 | 205 | | governmental or private entity to provide, design, construct, |
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206 | 206 | | acquire, improve, relocate, operate, maintain, or finance an |
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207 | 207 | | improvement project or service authorized under this chapter or |
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208 | 208 | | Chapter 375, Local Government Code. |
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209 | 209 | | Sec. 3936.103. LOCATION OF IMPROVEMENT PROJECT. An |
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210 | 210 | | improvement project described by Section 3936.102 may be located: |
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211 | 211 | | (1) in the district; or |
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212 | 212 | | (2) in an area outside but adjacent to the district if |
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213 | 213 | | the project is for the purpose of extending a public infrastructure |
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214 | 214 | | improvement beyond the district's boundaries to a logical terminus. |
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215 | 215 | | Sec. 3936.104. DEVELOPMENT CORPORATION POWERS. The |
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216 | 216 | | district, using money available to the district, may exercise the |
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217 | 217 | | powers given to a development corporation under Chapter 505, Local |
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218 | 218 | | Government Code, including the power to own, operate, acquire, |
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219 | 219 | | construct, lease, improve, or maintain a project under that |
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220 | 220 | | chapter. |
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221 | 221 | | Sec. 3936.105. NONPROFIT CORPORATION. (a) The board by |
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222 | 222 | | resolution may authorize the creation of a nonprofit corporation to |
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223 | 223 | | assist and act for the district in implementing a project or |
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224 | 224 | | providing a service authorized by this chapter. |
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225 | 225 | | (b) The nonprofit corporation: |
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226 | 226 | | (1) has each power of and is considered to be a local |
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227 | 227 | | government corporation created under Subchapter D, Chapter 431, |
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228 | 228 | | Transportation Code; and |
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229 | 229 | | (2) may implement any project and provide any service |
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230 | 230 | | authorized by this chapter. |
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231 | 231 | | (c) The board shall appoint the board of directors of the |
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232 | 232 | | nonprofit corporation. The board of directors of the nonprofit |
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233 | 233 | | corporation shall serve in the same manner as the board of directors |
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234 | 234 | | of a local government corporation created under Subchapter D, |
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235 | 235 | | Chapter 431, Transportation Code, except that a board member is not |
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236 | 236 | | required to reside in the district. |
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237 | 237 | | Sec. 3936.106. AGREEMENTS; GRANTS. (a) As provided by |
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238 | 238 | | Chapter 375, Local Government Code, the district may make an |
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239 | 239 | | agreement with or accept a gift, grant, or loan from any person. |
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240 | 240 | | (b) The implementation of a project is a governmental |
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241 | 241 | | function or service for the purposes of Chapter 791, Government |
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242 | 242 | | Code. |
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243 | 243 | | Sec. 3936.107. LAW ENFORCEMENT SERVICES. To protect the |
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244 | 244 | | public interest, the district may contract with a qualified party, |
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245 | 245 | | including the city or a county, to provide law enforcement services |
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246 | 246 | | in the district for a fee. |
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247 | 247 | | Sec. 3936.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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248 | 248 | | district may join and pay dues to a charitable or nonprofit |
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249 | 249 | | organization that performs a service or provides an activity |
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250 | 250 | | consistent with the furtherance of a district purpose. |
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251 | 251 | | Sec. 3936.109. ECONOMIC DEVELOPMENT. (a) The district may |
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252 | 252 | | engage in activities that accomplish the economic development |
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253 | 253 | | purposes of the district. |
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254 | 254 | | (b) The district may establish and provide for the |
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255 | 255 | | administration of one or more programs to promote state or local |
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256 | 256 | | economic development and to stimulate business and commercial |
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257 | 257 | | activity in the district, including programs to: |
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258 | 258 | | (1) make loans and grants of public money; and |
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259 | 259 | | (2) provide district personnel and services. |
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260 | 260 | | (c) The district may create economic development programs |
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261 | 261 | | and exercise the economic development powers that: |
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262 | 262 | | (1) Chapter 380, Local Government Code, provides to a |
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263 | 263 | | municipality; and |
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264 | 264 | | (2) Subchapter A, Chapter 1509, Government Code, |
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265 | 265 | | provides to a municipality. |
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266 | 266 | | Sec. 3936.110. REAL PROPERTY RESTRICTIONS. (a) The |
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267 | 267 | | district may adopt restrictions on the use of real property in the |
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268 | 268 | | district. |
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269 | 269 | | (b) The district may enforce restrictions on the use of real |
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270 | 270 | | property in the district in the manner provided for a municipal |
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271 | 271 | | utility district by Section 54.237, Water Code. |
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272 | 272 | | Sec. 3936.111. MUNICIPAL UTILITY DISTRICT POWERS. The |
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273 | 273 | | district has the powers granted to a municipal utility district by |
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274 | 274 | | Subchapter D, Chapter 54, Water Code. |
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275 | 275 | | Sec. 3936.112. CONCURRENCE ON ADDITIONAL POWERS. If the |
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276 | 276 | | legislature grants the district a power that is in addition to the |
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277 | 277 | | powers approved by the initial resolution of the governing body of |
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278 | 278 | | the city consenting to the creation of the district, the district |
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279 | 279 | | may not exercise that power unless the governing body of the city |
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280 | 280 | | consents to that change by resolution. |
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281 | 281 | | Sec. 3936.113. NO EMINENT DOMAIN POWER. The district may |
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282 | 282 | | not exercise the power of eminent domain. |
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283 | 283 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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284 | 284 | | Sec. 3936.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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285 | 285 | | board by resolution shall establish the number of signatures and |
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286 | 286 | | the procedure required for a disbursement or transfer of the |
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287 | 287 | | district's money. |
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288 | 288 | | Sec. 3936.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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289 | 289 | | The district may acquire, construct, finance, operate, or maintain |
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290 | 290 | | an improvement project or service authorized under this chapter or |
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291 | 291 | | Chapter 375, Local Government Code, using any money available to |
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292 | 292 | | the district. |
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293 | 293 | | Sec. 3936.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT |
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294 | 294 | | BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or |
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295 | 295 | | secure the payment or repayment of any bond, note, or other |
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296 | 296 | | temporary or permanent obligation or reimbursement or other |
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297 | 297 | | contract with any person and the costs and expenses of the |
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298 | 298 | | establishment, administration, and operation of the district and |
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299 | 299 | | the district's costs or share of the costs or revenue of an |
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300 | 300 | | improvement project or district contractual obligation or |
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301 | 301 | | indebtedness by: |
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302 | 302 | | (1) the imposition of an ad valorem tax or sales and |
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303 | 303 | | use tax or an assessment, user fee, concession fee, or rental |
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304 | 304 | | charge; or |
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305 | 305 | | (2) any other revenue or resources of the district, or |
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306 | 306 | | other revenue authorized by the city, including revenues from a tax |
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307 | 307 | | increment reinvestment zone created by the city under applicable |
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308 | 308 | | law. |
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309 | 309 | | Sec. 3936.154. PETITION REQUIRED FOR FINANCING SERVICES AND |
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310 | 310 | | IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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311 | 311 | | service or improvement project with assessments under this chapter |
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312 | 312 | | unless a written petition requesting that service or improvement |
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313 | 313 | | has been filed with the board. |
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314 | 314 | | (b) The petition must be signed by the owners of a majority |
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315 | 315 | | of the assessed value of real property in the district subject to |
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316 | 316 | | assessment according to the most recent certified tax appraisal |
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317 | 317 | | roll for the county. |
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318 | 318 | | Sec. 3936.155. METHOD OF NOTICE FOR HEARING. The district |
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319 | 319 | | may mail the notice required by Section 375.115(c), Local |
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320 | 320 | | Government Code, by certified or first class United States mail. |
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321 | 321 | | The board shall determine the method of notice. |
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322 | 322 | | Sec. 3936.156. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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323 | 323 | | The board by resolution may impose and collect an assessment for any |
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324 | 324 | | purpose authorized by this chapter in all or any part of the |
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325 | 325 | | district. |
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326 | 326 | | (b) An assessment, a reassessment, or an assessment |
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327 | 327 | | resulting from an addition to or correction of the assessment roll |
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328 | 328 | | by the district, penalties and interest on an assessment or |
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329 | 329 | | reassessment, an expense of collection, and reasonable attorney's |
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330 | 330 | | fees incurred by the district: |
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331 | 331 | | (1) are a first and prior lien against the property |
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332 | 332 | | assessed; |
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333 | 333 | | (2) are superior to any other lien or claim other than |
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334 | 334 | | a lien or claim for county, school district, or municipal ad valorem |
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335 | 335 | | taxes; and |
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336 | 336 | | (3) are the personal liability of and a charge against |
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337 | 337 | | the owners of the property even if the owners are not named in the |
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338 | 338 | | assessment proceedings. |
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339 | 339 | | (c) The lien is effective from the date of the board's |
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340 | 340 | | resolution imposing the assessment until the date the assessment is |
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341 | 341 | | paid. The board may enforce the lien in the same manner that the |
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342 | 342 | | board may enforce an ad valorem tax lien against real property. |
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343 | 343 | | (d) The board may make a correction to or deletion from the |
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344 | 344 | | assessment roll that does not increase the amount of assessment of |
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345 | 345 | | any parcel of land without providing notice and holding a hearing in |
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346 | 346 | | the manner required for additional assessments. |
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347 | 347 | | Sec. 3936.157. STORM WATER USER CHARGES. The district may |
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348 | 348 | | establish user charges related to the operation of storm water |
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349 | 349 | | facilities, including the regulation of storm water for the |
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350 | 350 | | protection of water quality in the district. |
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351 | 351 | | Sec. 3936.158. NONPOTABLE WATER USER CHARGES. The district |
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352 | 352 | | may establish user charges for the use of nonpotable water for |
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353 | 353 | | irrigation purposes, subject to approval of the governing body of |
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354 | 354 | | the city. |
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355 | 355 | | Sec. 3936.159. COSTS FOR IMPROVEMENT PROJECTS. The |
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356 | 356 | | district may undertake separately or jointly with other persons, |
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357 | 357 | | including the city or a county, all or part of the cost of an |
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358 | 358 | | improvement project, including an improvement project: |
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359 | 359 | | (1) for improving, enhancing, and supporting public |
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360 | 360 | | safety and security, fire protection and emergency medical |
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361 | 361 | | services, and law enforcement in or adjacent to the district; or |
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362 | 362 | | (2) that confers a general benefit on the entire |
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363 | 363 | | district or a special benefit on a definable part of the district. |
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364 | 364 | | Sec. 3936.160. TAX AND ASSESSMENT ABATEMENTS. The district |
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365 | 365 | | may designate reinvestment zones and may grant abatements of a tax |
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366 | 366 | | or assessment on property in the zones. |
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367 | 367 | | Sec. 3936.161. POWERS OF MUNICIPAL UTILITY DISTRICT TO |
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368 | 368 | | ESTABLISH DEFINED AREAS AND DESIGNATED PROPERTY; TAXES; BONDS. The |
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369 | 369 | | district has the powers of a municipal utility district under |
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370 | 370 | | Subchapter J, Chapter 54, Water Code, including the power to: |
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371 | 371 | | (1) implement a plan; |
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372 | 372 | | (2) issue bonds; and |
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373 | 373 | | (3) impose a tax in a defined area established under |
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374 | 374 | | that subchapter. |
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375 | 375 | | SUBCHAPTER E. TAXES AND BONDS |
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376 | 376 | | Sec. 3936.201. TAX ABATEMENT. The district may enter into a |
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377 | 377 | | tax abatement agreement in accordance with the general laws of this |
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378 | 378 | | state authorizing and applicable to a tax abatement agreement by a |
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379 | 379 | | municipality. |
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380 | 380 | | Sec. 3936.202. PROPERTY TAX AUTHORIZED. (a) The district |
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381 | 381 | | may impose an ad valorem tax on all taxable property in the district |
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382 | 382 | | to: |
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383 | 383 | | (1) pay for an improvement project of the types |
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384 | 384 | | authorized by Section 52(b), Article III, and Section 59, Article |
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385 | 385 | | XVI, Texas Constitution, and Chapter 54, Water Code; or |
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386 | 386 | | (2) secure the payment of bonds issued for a purpose |
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387 | 387 | | described by Subdivision (1). |
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388 | 388 | | (b) The district may not impose an ad valorem tax to pay for |
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389 | 389 | | an improvement project under this chapter unless the imposition is |
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390 | 390 | | approved by the voters of the district voting at an election held |
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391 | 391 | | for that purpose. The board may call an election to approve the |
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392 | 392 | | imposition of an ad valorem tax to pay for an improvement project |
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393 | 393 | | under this chapter only if the board receives a petition requesting |
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394 | 394 | | the election signed by: |
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395 | 395 | | (1) more than 51 percent of the record owners of real |
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396 | 396 | | property in the district subject to taxation; or |
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397 | 397 | | (2) owners representing more than 51 percent of the |
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398 | 398 | | appraised value of real property in the district subject to |
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399 | 399 | | taxation, as determined by the tax rolls of the appraisal district. |
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400 | 400 | | Sec. 3936.203. SALES AND USE TAX. (a) The district may |
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401 | 401 | | impose a sales and use tax if authorized by a majority of the voters |
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402 | 402 | | of the district voting at an election called for that purpose. |
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403 | 403 | | Revenue from the tax may be used for any purpose for which ad |
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404 | 404 | | valorem tax revenue of the district may be used. |
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405 | 405 | | (b) The district may not adopt a sales and use tax if as a |
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406 | 406 | | result of the adoption of the tax the combined rate of all sales and |
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407 | 407 | | use taxes imposed by the district and other political subdivisions |
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408 | 408 | | of this state having territory in the district would exceed two |
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409 | 409 | | percent at any location in the district. |
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410 | 410 | | (c) If the voters of the district approve the adoption of |
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411 | 411 | | the tax at an election held on the same election date on which |
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412 | 412 | | another political subdivision adopts a sales and use tax or |
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413 | 413 | | approves an increase in the rate of its sales and use tax and as a |
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414 | 414 | | result the combined rate of all sales and use taxes imposed by the |
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415 | 415 | | district and other political subdivisions of this state having |
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416 | 416 | | territory in the district would exceed two percent at any location |
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417 | 417 | | in the district, the election to adopt a sales and use tax under |
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418 | 418 | | this chapter has no effect. |
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419 | 419 | | Sec. 3936.204. BONDS AND OTHER OBLIGATIONS. (a) The |
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420 | 420 | | district may issue, by public or private sale, bonds, notes, or |
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421 | 421 | | other obligations payable wholly or partly from ad valorem taxes, |
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422 | 422 | | sales and use taxes, or assessments in the manner provided by |
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423 | 423 | | Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local |
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424 | 424 | | Government Code. |
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425 | 425 | | (b) In exercising the district's borrowing power, the |
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426 | 426 | | district may issue a bond or other obligation in the form of a bond, |
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427 | 427 | | note, certificate of participation or other instrument evidencing a |
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428 | 428 | | proportionate interest in payments to be made by the district, or |
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429 | 429 | | other type of obligation. |
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430 | 430 | | (c) In addition to the sources of money described by |
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431 | 431 | | Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local |
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432 | 432 | | Government Code, district bonds may be secured and made payable |
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433 | 433 | | wholly or partly by a pledge of any part of the money the district |
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434 | 434 | | receives from improvement revenue or from any other source. |
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435 | 435 | | Sec. 3936.205. BOND MATURITY. Bonds may mature not more |
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436 | 436 | | than 40 years from their date of issue. |
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437 | 437 | | Sec. 3936.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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438 | 438 | | the time bonds or other obligations payable wholly or partly from ad |
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439 | 439 | | valorem taxes are issued: |
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440 | 440 | | (1) the board shall impose a continuing direct annual |
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441 | 441 | | ad valorem tax for each year that all or part of the bonds are |
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442 | 442 | | outstanding; and |
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443 | 443 | | (2) the district annually shall impose an ad valorem |
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444 | 444 | | tax on all taxable property in the district in an amount sufficient |
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445 | 445 | | to: |
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446 | 446 | | (A) pay the interest on the bonds or other |
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447 | 447 | | obligations as the interest becomes due; and |
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448 | 448 | | (B) create a sinking fund for the payment of the |
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449 | 449 | | principal of the bonds or other obligations when due or the |
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450 | 450 | | redemption price at any earlier required redemption date. |
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451 | 451 | | SUBCHAPTER F. DISSOLUTION |
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452 | 452 | | Sec. 3936.251. DISSOLUTION BY CITY ORDINANCE. (a) The city |
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453 | 453 | | by ordinance may dissolve the district. |
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454 | 454 | | (b) The city may not dissolve the district until the |
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455 | 455 | | district's outstanding debt or contractual obligations that are |
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456 | 456 | | payable from ad valorem taxes have been repaid or discharged, or the |
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457 | 457 | | city has affirmatively assumed the obligation to pay the |
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458 | 458 | | outstanding debt from city revenue. |
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459 | 459 | | Sec. 3936.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE. |
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460 | 460 | | (a) If the dissolved district has bonds or other obligations |
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461 | 461 | | outstanding secured by and payable from assessments or other |
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462 | 462 | | revenue, other than ad valorem taxes, the city shall succeed to the |
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463 | 463 | | rights and obligations of the district regarding enforcement and |
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464 | 464 | | collection of the assessments or other revenue. |
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465 | 465 | | (b) The city shall have and exercise all district powers to |
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466 | 466 | | enforce and collect the assessments or other revenue to pay: |
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467 | 467 | | (1) the bonds or other obligations when due and |
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468 | 468 | | payable according to their terms; or |
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469 | 469 | | (2) special revenue or assessment bonds or other |
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470 | 470 | | obligations issued by the city to refund the outstanding bonds or |
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471 | 471 | | obligations. |
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472 | 472 | | Sec. 3936.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
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473 | 473 | | After the city dissolves the district, the city assumes, subject to |
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474 | 474 | | the appropriation and availability of funds, the obligations of the |
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475 | 475 | | district, including any bonds or other debt payable from |
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476 | 476 | | assessments or other district revenue. |
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477 | 477 | | (b) If the city dissolves the district, the board shall |
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478 | 478 | | transfer ownership of all district property to the city. |
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479 | 479 | | SECTION 2. The East Lake Houston Management District |
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480 | 480 | | initially includes all the territory contained in the following |
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481 | 481 | | area: |
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482 | 482 | | Tract 1 or East Lake Houston Tract is +/- 137 acres, within the F. |
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483 | 483 | | Rankin Survey Abstract (No. 57) and situated southwest of |
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484 | 484 | | intersection Crosby Huffman Road (Farm-to-Market Road 2100) and Old |
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485 | 485 | | Atascocita Road in northeast Harris County with point of beginning |
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486 | 486 | | being southeast corner of +/- 137 acre tract (ABST 57 F H RANKIN TRS |
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487 | 487 | | 8A & 8B) and west Right-Of-Way (ROW) of Crosby Huffman Road (FM |
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488 | 488 | | 2100) and north boundary of Spanish Cove Subdivision Section 2; |
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489 | 489 | | Then generally west along south boundary of said 137 acre tract, and |
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490 | 490 | | north boundary of Spanish Cove Subdivision Sections 1-2 to east ROW |
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491 | 491 | | Union Pacific Railway (former BSL&W); |
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492 | 492 | | Then northeast along the east ROW of Union Pacific Railway (former |
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493 | 493 | | BSL&W) to a point southeast of northeast corner of 0.2914 acre |
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494 | 494 | | parcel (ABST 57 F H RANKIN TRS 8B-1 & 8B-2 (LIFT STATION) (PT NM)); |
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495 | 495 | | Then northwest across ROW of Union Pacific Railway and along south |
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496 | 496 | | boundary of said +/- 137 acre tract to northeast corner of said |
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497 | 497 | | 0.2914 acre parcel; |
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498 | 498 | | Then west along south boundary of said +/- 137 acre tract and north |
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499 | 499 | | boundary of said 0.2914 acre parcel to northwest corner of said |
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500 | 500 | | 0.2914 acre parcel; |
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501 | 501 | | Then south along boundary line of said +/- 137 acre tract and west |
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502 | 502 | | boundary of said 0.2914 acre parcel to southwest corner of said |
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503 | 503 | | 0.2914 parcel and north boundary of 0.455 acre parcel (SPANISH COVE |
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504 | 504 | | SEC 1 LT 44 BLK 1); |
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505 | 505 | | Then west along boundary line of said +/- 137 acre tract and north |
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506 | 506 | | boundary of said 0.455 acre parcel, and 0.499 acre parcel (SPANISH |
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507 | 507 | | COVE SEC 1 LT 43 BLK 1) to southwest corner of said +/- 137 acre |
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508 | 508 | | tract; |
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509 | 509 | | Then northeast and north along the west boundary of said +/- 137 |
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510 | 510 | | acre tract to northwest corner of said tract and southwest corner of |
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511 | 511 | | 0.73 acre tract (ABST 57 F H RANKIN TRS 1E 1F 1G & 1K); |
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512 | 512 | | Then east along north boundary of said +/- 137 acre tract, across |
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513 | 513 | | ROW of Union Pacific Railway to northeast corner of said tract and |
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514 | 514 | | west ROW of Crosby Huffman Road (FM 2100); |
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515 | 515 | | Then south along east boundary of said +/- 137 acre tract and west |
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516 | 516 | | ROW of Crosby Huffman Road (FM 2100) to southeast corner of said +/- |
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517 | 517 | | 137 acre tract and point of beginning of +/-137 acre Tract 1; |
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518 | 518 | | Tract 2 or Red Wolf Tract is +/- 298 acres (called 296.28 acres), is |
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519 | 519 | | situated 1.3 miles northeast of intersection of Humble-Crosby Road |
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520 | 520 | | (Farm-to-Market Road 2100) and Luce Bayou (trib. to Lake Houston) |
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521 | 521 | | in northeast Harris County and being out of and a part of the JOHN R. |
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522 | 522 | | RHEA SURVEY, A-62, Harris County, Texas, and being composed of that |
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523 | 523 | | called 296.28 acre tract referred to as Exhibit A-2 in deed from |
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524 | 524 | | Donald T. Keller, Jr., and Sanford G. Cohen as Substitute Trustees |
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525 | 525 | | to LBP Properties, LLC as recorded in Harris County Clerk's File |
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526 | 526 | | (HCCF) 20100142110 and that called 0.1261 acre tract conveyed to PB |
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527 | 527 | | Advantage, LLC, a Texas limited liability company by LBP |
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528 | 528 | | Properties, LLC, as recorded in HCCF 20110468701 and being more |
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529 | 529 | | particularly described by metes and bounds as follows: |
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530 | 530 | | The bearings in this description are based on the Texas State Plane |
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531 | 531 | | Coordinate System, South Central Zone, NAD 83, as determined from |
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532 | 532 | | GPS observations. |
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533 | 533 | | BEGINNING at the northeast corner of a called 296.28 acre tract |
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534 | 534 | | described in Exhibit "A-2" of HCCF 201001412110, said point being a |
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535 | 535 | | brass disk in concrete, said point also being an interior corner of |
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536 | 536 | | a called 530.18 acre tract designated Tract 2 Parcel D in that |
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537 | 537 | | certain deed to Ned Holmes, recorded in HCCF F520006; |
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538 | 538 | | THENCE along the east line of the called 296.28 acre tract and a |
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539 | 539 | | westerly line of the said Holmes tract S 03°06'44" E a distance of |
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540 | 540 | | 3,188.97 feet (called S 00°24'06" E 3,186.25 feet) to a 5/8" iron rod |
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541 | 541 | | found for corner in the southwest line of a Gulf States Utilities |
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542 | 542 | | 150' easement, same being the northeast line of Fairway Crossing At |
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543 | 543 | | Lake Houston Sec Two, the map of which is recorded in HCCF# 420032; |
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544 | 544 | | THENCE N 65°09'42" W along the northeast line of said subdivision |
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545 | 545 | | and the southwest line of said easement a distance of 1,333.90 feet |
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546 | 546 | | (called N 62°58'31"W 1,333.99 feet) to a 1/2"" iron rod found for |
---|
547 | 547 | | corner at the intersection of the northeast line of said Fairway |
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548 | 548 | | Crossing At Lake Houston Sec Two, and the easterly line of that |
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549 | 549 | | certain called 14.49712 acre tract referred to as Tract C, Exhibit |
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550 | 550 | | "2-C" as recorded in HCCF 20100142110; |
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551 | 551 | | THENCE along the easterly line of said called 14.49712 acre tract as |
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552 | 552 | | follows: |
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553 | 553 | | N 80°54'19" E 236.13 feet (called N 82°01'21" E 243.56 feet in the |
---|
554 | 554 | | called 296.28 acre description and N 83°50'49" E 235.81 feet in the |
---|
555 | 555 | | called 14.49712 acre description) to a 1/2" iron rod found for |
---|
556 | 556 | | corner; |
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557 | 557 | | N 14°01'16" W 928.56 feet (called N 11°17'34" W 926.79 feet in the |
---|
558 | 558 | | called 296.28 acre description and N 11°01'17" W 926.79 feet in the |
---|
559 | 559 | | called 14.49712 acre description) to a 16d nail found for corner; |
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560 | 560 | | N 25°46'00" E 391.76 feet (called N 28°05'34" E 381.49 feet in the |
---|
561 | 561 | | called 296.28 acre description and N 28°30'46" E 392.75 feet in the |
---|
562 | 562 | | called 14.49712 acre description) to a 1/2" iron rod found for |
---|
563 | 563 | | corner; |
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564 | 564 | | N 02°01'06" E 308.36 feet (called N 05°11'44" E 307.39 feet in the |
---|
565 | 565 | | called 296.28 acre description and N04°58'01"E 308.33 feet in the |
---|
566 | 566 | | called 14.49712 acre description) to a 1/2" iron rod found for |
---|
567 | 567 | | corner; |
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568 | 568 | | N 61°46'38" W 210.87 feet (called N 56°09'08" W 213.35 feet in the |
---|
569 | 569 | | called 296.28 acre description and N58°49'35" W 210.71 feet in the |
---|
570 | 570 | | called 14.49712 acre description) to a 1/2" iron rod found for |
---|
571 | 571 | | corner; |
---|
572 | 572 | | S 28°09'20" W 152.72 feet (called S 31°20'05" W 163.96 feet in the |
---|
573 | 573 | | called 296.28 acre description and S 31°10'25"W 152.63 feet in the |
---|
574 | 574 | | called 14.49712 acre description ) to a 1/2" iron rod found for |
---|
575 | 575 | | corner; |
---|
576 | 576 | | S 61°51'40" E 29.90 feet (called S 58°41'04" E 30.00 feet in the |
---|
577 | 577 | | called 296.28 acre description and S 58°49'35"E 30.00 feet in the |
---|
578 | 578 | | called 14.49712 acre description) to a bent 1/2" iron rod found for |
---|
579 | 579 | | corner; |
---|
580 | 580 | | S 19°54'48" W 732.14 feet (called S 22°57'53" W 729.79 feet in the |
---|
581 | 581 | | called 296.28 acre description and S 22°53'35" W 732.05 feet in the |
---|
582 | 582 | | called 14.49712 acre description) to a 1/2" iron rod found for |
---|
583 | 583 | | corner; |
---|
584 | 584 | | S 24°55'18" E 724.63 feet (called S 21°38'23" E 725.62 feet in the |
---|
585 | 585 | | called 296.28 acre description and S 21°57'23"E 724.64 feet in the |
---|
586 | 586 | | called 14.49712 acre description) to 1/2" iron rod found for |
---|
587 | 587 | | corner; |
---|
588 | 588 | | S 80°53'45" W 342.17 feet (called S 84°10'59" W 339.44 feet in the |
---|
589 | 589 | | called 296.28 acre description and S 83°50'49"W 342.64 feet in the |
---|
590 | 590 | | called 14.49712 acre description) to a 5/8" iron rod with plastic |
---|
591 | 591 | | cap set for corner; |
---|
592 | 592 | | S 51°55'05" W 75.08 feet (called S 55°24'45" W 77.82 feet in the |
---|
593 | 593 | | called 296.28 acre description and S 4°52'09"W 74.46 feet in the |
---|
594 | 594 | | called 14.49712 acre description) to a 1/2" iron rod found for |
---|
595 | 595 | | corner; |
---|
596 | 596 | | S 55°56'57" W 171.23 feet (called S 59°02'06" W 171.45 feet in the |
---|
597 | 597 | | called 296.28 acre description and S 58°53'35" W 171.45 feet in the |
---|
598 | 598 | | called 14.49712 acre description) to a 5/8" iron rod found for |
---|
599 | 599 | | corner; |
---|
600 | 600 | | S 35°29'07" W 491.18 feet (called S 38°34'34" W 490.92 feet in the |
---|
601 | 601 | | called 296.28 acre description and S 38°26'03" W 490.92 feet in the |
---|
602 | 602 | | called 14.49712 acre description) to a bent 1/2" iron rod found for |
---|
603 | 603 | | corner; |
---|
604 | 604 | | S 31°08'26" W 85.71 feet (called S 34°13'30" W 85.80 feet in the |
---|
605 | 605 | | called 296.28 acre description and S34°05'04"W 85.80 feet in the |
---|
606 | 606 | | called 14.49712 acre description) to a 5/8" iron rod found for |
---|
607 | 607 | | corner at the northernmost corner of the above called 0.1261 acre |
---|
608 | 608 | | tract; same being the southwesterly corner of the called 14.49712 |
---|
609 | 609 | | acre tract; |
---|
610 | 610 | | THENCE S 50°37'55" E 92.81 feet (called S 48°03'42" E 94.48 feet) |
---|
611 | 611 | | along the southerly line of the called 14.49712 acre tract and the |
---|
612 | 612 | | northerly line of the called 0.1261 acre tract to a 5/8" iron rod |
---|
613 | 613 | | found for corner at the westernmost corner of Lot 1, Block 4 of |
---|
614 | 614 | | Fairway Crossing At Lake Houston Sec Two, the map of which is |
---|
615 | 615 | | recorded in Film Code 420032, and being the northwest corner of |
---|
616 | 616 | | North Fairway Oaks Drive, a 60' wide right of way; |
---|
617 | 617 | | THENCE S 33°15'47" W 60.29 feet (plat call S 36°25'22" W 60.28 |
---|
618 | 618 | | feet)along the west end of North Fairway Oaks Drive and the east |
---|
619 | 619 | | line of the called 0.1261 acre tract to a 1/2" iron rod found for |
---|
620 | 620 | | corner at the southwest corner of North Fairway Oaks Drive and the |
---|
621 | 621 | | northwest corner of Lot 2, Block 5, same being the northeasterly |
---|
622 | 622 | | corner of that certain called 12.68949 acre tract referred to as |
---|
623 | 623 | | Tract B, Exhibit "2 B" in the aforementioned HCCF 20100142110; |
---|
624 | 624 | | THENCE N 50°37'55" W 90.55 feet (called N 48°03'44" W 92.00 feet in |
---|
625 | 625 | | the called 12.68949 acre description) along the south line of the |
---|
626 | 626 | | called 0.1261 acre tract and the north line of the called 12.68949 |
---|
627 | 627 | | acre tract to a bent 1/2" iron rod found at the westernmost corner |
---|
628 | 628 | | of the called 0.1261 acre tract and the northwest corner of the |
---|
629 | 629 | | called 12.68949 acre tract; |
---|
630 | 630 | | THENCE along the westerly line of the called 12.68949 acre tract as |
---|
631 | 631 | | follows: |
---|
632 | 632 | | S 69°35'25"W 128.56 feet (called S 72°46'05" W 128.85 feet in the |
---|
633 | 633 | | called 296.28 acre tract and S 72°37'34"W 128.85 feet in the called |
---|
634 | 634 | | 12.68949 acre tract) to a 1/2" iron rod found for corner; |
---|
635 | 635 | | S 75°15'33"W 892.23 feet (called S 78°21'40" W 892.22 feet in the |
---|
636 | 636 | | called 296.28 acre tract and S 78°13'09"W 892.22 feet in the called |
---|
637 | 637 | | 12.68949 acre tract) to a 1/2" iron rod found for corner; |
---|
638 | 638 | | S 45°02'53"W 488.53 feet (called S 48°07'53" W 488.36 feet in the |
---|
639 | 639 | | called 296.28 acre tract and S 47°59'22"W 488.36 feet in the called |
---|
640 | 640 | | 12.68949 acre tract) to a 1/2" iron rod found for corner; |
---|
641 | 641 | | S 30°53'17"W 259.05 feet (called S 34°03'03" W 258.86 feet in the |
---|
642 | 642 | | called 296.28 acre tract and S 33°54'32"W 258.86 feet in the called |
---|
643 | 643 | | 12.68949 acre tract) to a 1/2" iron rod found for corner; |
---|
644 | 644 | | S 14°22'04"W 125.12 feet (called S 16°58'32" W 125.63 feet in the |
---|
645 | 645 | | called 296.28 acre tract and S 16°50'01" W 125.63 feet in the called |
---|
646 | 646 | | 12.68949 acre tract) to a 5/8" iron rod found for corner; |
---|
647 | 647 | | S 58°04'53"W 122.13 feet (called S 61°45'16" W 122.45 feet in the |
---|
648 | 648 | | called 296.28 acre tract and S 61°36'45" W 122.45 feet in the called |
---|
649 | 649 | | 12.68949 acre tract) to a bent 1/2" iron rod found for corner; |
---|
650 | 650 | | S 20°15'20"W 79.05 feet (called S 23°00'26" W 79.80 feet in the |
---|
651 | 651 | | called 296.28 acre tract and S 22°51'55" W 79.81 feet in the called |
---|
652 | 652 | | 12.68949 acre tract) to a 1/2" iron rod found for the westernmost |
---|
653 | 653 | | corner of the called 12.678949 acre tract and the southernmost |
---|
654 | 654 | | corner of the called 296.28 acre tract, said point falling in the |
---|
655 | 655 | | north line of Golf View Lane, based on a width of 60 feet; access to |
---|
656 | 656 | | Golf View Lane is denied based on a 1' buffer reserve per the |
---|
657 | 657 | | recorded plat HCFC 619004; |
---|
658 | 658 | | THENCE N 70°04'57"W a distance of 405.90 feet (called N 66°59'31" W |
---|
659 | 659 | | 407.83 feet) along the north line of Golf View Lane to a 3/4" iron |
---|
660 | 660 | | rod found for corner at the intersection of the north line of Golf |
---|
661 | 661 | | View Lane and the east line of a certain called 45.88444 acre tract |
---|
662 | 662 | | referred to as Tract A, Exhibit 2-A, HCCF 20100142110; |
---|
663 | 663 | | THENCE along the east line of the called 45.88444 acre tract as |
---|
664 | 664 | | follows: |
---|
665 | 665 | | N 27°27'07" E 103.92 feet (called N 34°19'47"E 106.12 feet in the |
---|
666 | 666 | | called 296.28 acre tract) to a 1/2" iron rod found for corner; |
---|
667 | 667 | | N 00°48'38" E 775.41 feet (called N 04°03'47" E 775.14 feet in the |
---|
668 | 668 | | called 296.28 acre tract and N 03°55'16" E 775.14 feet in the called |
---|
669 | 669 | | 45.88444 acre tract) to a 1/2" iron rod found for corner; |
---|
670 | 670 | | N 11°47'50" E 278.92 feet (called N 14°55'16" E 279.03 feet in the |
---|
671 | 671 | | called 296.28 acre tract and N 14°46'45" E 379.00 feet in the called |
---|
672 | 672 | | 45.88444 acre tract) to a 1/2" iron rod found for corner; |
---|
673 | 673 | | N 15°01'22" E 125.05 feet (called N 18°07'02" E 125.00 feet in the |
---|
674 | 674 | | called 296.28 acre tract) to a 5/8" iron rod set for corner at the |
---|
675 | 675 | | southwest corner of a called 0.2006 acre tract referred to as Tract |
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676 | 676 | | H, Exhibit "2-H" in HCCF 20100142110; |
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677 | 677 | | THENCE leaving the east line of the called 45.88444 acre tract and |
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678 | 678 | | along the boundary of the called 0.2006 acre tract the following |
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679 | 679 | | courses and distances: |
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680 | 680 | | N 80°23'56" E 88.16 feet (called N 83°29'31" E 88.0 feet in the called |
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681 | 681 | | 296.28 acre tract and called N 83°21'00" E 88.00 feet in the called |
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682 | 682 | | 0.2006 acre tract) to a 5/8" iron rod found for corner; |
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683 | 683 | | N 08°02'56" E 104.00 feet (called N 11°08'31" E 104.00 feet in the |
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684 | 684 | | called 296.28 acre tract and called N 11°00'00" E 104.00 feet in the |
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685 | 685 | | called 0.2006 acre tract) to a 5/8" iron rod found for corner; |
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686 | 686 | | N 83°20'05" W 68.24 feet (called N 80°14'30" W 68.09 feet in the |
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687 | 687 | | called 296.28 acre tract and called N 80°23'01" W 68.09 feet in the |
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688 | 688 | | called 0.2006 acre tract) to a 5/8" iron rod found for corner in the |
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689 | 689 | | east line of the called 45.88444 acre tract at the northwest corner |
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690 | 690 | | of the called 0.2006 acre tract; |
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691 | 691 | | THENCE along the east line of the called 45.88444 acre tract as |
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692 | 692 | | follows: |
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693 | 693 | | N 15°01'22"E 374.10 feet (called N 18°07'02" E 374.33 feet) to a 1/2" |
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694 | 694 | | iron rod found for corner; N 04°42'24"W 268.97 feet (called |
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695 | 695 | | N01°36'25"W 269.04 feet in the called 296.28 acre tract and |
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696 | 696 | | N01°44'56"W 269.04 feet in the called 45.88444 acre tract) to a 5/8" |
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697 | 697 | | iron rod found for corner; |
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698 | 698 | | N 08°39'46"W 492.91 feet (called N 05°34'11" W 492.91 feet in the |
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699 | 699 | | called 296.28 acre tract and N05°42'42"W 492.91 feet in the called |
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700 | 700 | | 45.88444 acre tract) to a 1/2" iron rod found for corner; |
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701 | 701 | | N 27°20'18"W 157.05 feet (called N 24°24'44" W 154.74 feet in the |
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702 | 702 | | called 296.28 acre tract and N24°33'15"W 154.74 feet in the called |
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703 | 703 | | 45.88444 acre tract) to a 1/2" iron rod found for corner; |
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704 | 704 | | THENCE N 35°22'31"E 38.49 feet (called N 36°20'10" E 40.09 feet in |
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705 | 705 | | the called 296.28 acre tract and N36°12'07"E 40.09 feet in the |
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706 | 706 | | called 45.88444 acre tract) to a 1/2" iron rod found for the |
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707 | 707 | | northeast corner of the called 45.88444 acre tract; |
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708 | 708 | | THENCE N 86°36'57"E 126.94 feet (called N 89°43'13" E 126.82 feet in |
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709 | 709 | | the called 296.28 acre tract) to a 1/2" iron rod found for corner |
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710 | 710 | | same being the southeast corner of a called 17.75276 acre tract |
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711 | 711 | | referred to as Tract D, Exhibit "2-D" as recorded in HCCF |
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712 | 712 | | 20100142110; |
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713 | 713 | | THENCE along the perimeter of the called 17.75276 acre tract as |
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714 | 714 | | follows: |
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715 | 715 | | N 43°50'37" E 581.47 feet (called N 46°57'34" E 581.37 feet in the |
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716 | 716 | | called 296.28 acre tract and N 46°49'03"E 581.37 feet in the called |
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717 | 717 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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718 | 718 | | N 49°55'28" E 351.83 feet (called N 53°01'09" E 351.94 feet in the |
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719 | 719 | | called 296.28 acre tract and N 52°52'38"E 351.94 feet in the called |
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720 | 720 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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721 | 721 | | N 81°25'46" E 316.32 feet (called N 84°30'32" E 315.99 feet in the |
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722 | 722 | | called 296.28 acre tract and N 84°22'01"E 315.99 feet in the called |
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723 | 723 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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724 | 724 | | S 28°09'17" E 207.98 feet (called S 24°59'15" E 208.09 feet in the |
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725 | 725 | | called 296.28 acre tract and S 25°07'54"E 208.29 feet in the called |
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726 | 726 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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727 | 727 | | S69°24'27" E 688.15 feet (called S 66°21'05" E 688.15 feet in the |
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728 | 728 | | called 296.28 acre tract and S 66°29'36"E 688.15 feet in the called |
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729 | 729 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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730 | 730 | | N79°02'26"E 754.79 feet (called N 82°10'03" E 754.71 feet in the |
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731 | 731 | | called 296.28 acre tract and N 82°01'32"E 754.71 feet in the called |
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732 | 732 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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733 | 733 | | S61°49'53"E 48.38 feet (called S 58°41'04" E 48.22 feet in the called |
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734 | 734 | | 296.28 acre tract and S 58°49'35"E 48.22 in the called 17.75276 acre |
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735 | 735 | | tract) to a 5/8" iron rod found for corner; |
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736 | 736 | | N28°09'20"E 152.63 feet (called N 31°20'05" E 163.98 feet in the |
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737 | 737 | | called 296.28 acre tract and N 31°10'25"E 152.63 feet in the called |
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738 | 738 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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739 | 739 | | N61°47'48"W 110.97 feet (called N 59°05'52" W 110.91 feet in the |
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740 | 740 | | called 296.28 acre tract and N58°49'35"W 110.91 feet in the called |
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741 | 741 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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742 | 742 | | S85°38'08"W 703.20 feet (called S88°02'49" W 707.15 feet in the |
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743 | 743 | | called 296.28 acre tract and S88°35'31"W 703.22 feet in the called |
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744 | 744 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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745 | 745 | | N 66°18'11"W 578.25 feet (called N 63°08'04" W 576.35 feet in the |
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746 | 746 | | called 296.28 acre tract and N 63°20'34"W 578.20 feet in the called |
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747 | 747 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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748 | 748 | | N 07°07'29"E 119.96 feet (called N 09°48'52" E 120.00 feet in the |
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749 | 749 | | called 296.28 acre tract and N 10°05'09"E 120.00 feet in the called |
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750 | 750 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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751 | 751 | | N 72°30'45"W 254.23 feet (called N 69°30'15" W 254.67 feet in the |
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752 | 752 | | called 296.28 acre tract and N 69°29'18"W 254.20 feet in the called |
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753 | 753 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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754 | 754 | | S 77°07'40"W 613.42 feet (called S80°11'27" W 613.36 feet in the |
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755 | 755 | | called 296.28 acre tract and S 80°02'56"W 613.36 feet in the called |
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756 | 756 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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757 | 757 | | S 66°31'16"W 74.51 feet (called S 69°48'19" W 74.55 feet in the |
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758 | 758 | | called 296.28 acre tract and S 69°39'48"W 74.55 feet in the called |
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759 | 759 | | 17.75276 acre tract) to a 1/2" iron rod found for corner; |
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760 | 760 | | S 41°44'01"W 900.90 feet (called S 44°50'16" W 901.02 feet in the |
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761 | 761 | | called 296.28 acre tract and S 44°41'45"W 901.02 feet in the called |
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762 | 762 | | 17.75276 acre tract) to a 1/2" iron rod found for corner at the |
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763 | 763 | | southwest corner of the called 17.75276 acre tract; |
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764 | 764 | | THENCE S 13°30'17"E 76.76 feet (called S 10°19'13"E 76.41 feet in the |
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765 | 765 | | called 296.28 acre tract) to a 1/2" iron rod found at the northwest |
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766 | 766 | | corner of the previously mentioned called 45.88444 acre tract; |
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767 | 767 | | THENCE continuing along the west line of the called 45.88444 acre |
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768 | 768 | | tract as follows: |
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769 | 769 | | S 55°35'24" W 145.50 feet (called S 58°34'17" W 145.44 feet in the |
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770 | 770 | | called 296.28 acre tract and S 58°25'45"W 145.44 feet in the called |
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771 | 771 | | 45.88444 acre tract) to a 1/2" iron rod found for corner; |
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772 | 772 | | S 00°34'21" W 338.38 feet (called S 03°41'22" W 338.21 feet in the |
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773 | 773 | | called 296.28 acre tract and S 03°32'51"W 338.21 feet in the called |
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774 | 774 | | 45.88444 acre tract) to a 1/2" iron rod found for corner; |
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775 | 775 | | S 12°53'23" E 563.12 feet (called S 09°47'24" E 563.17 feet in the |
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776 | 776 | | called 296.28 acre tract and S 09°55'55"E 563.17 feet in the called |
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777 | 777 | | 45.88444 acre tract) to a 1/2" iron rod found for corner; |
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778 | 778 | | S 23°05'47" W 500.11 feet (called S 26°11'56" W 518.43 feet in the |
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779 | 779 | | called 296.28 acre tract) to the center of Mexican Gully and the |
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780 | 780 | | northernmost corner of Lot 4, Block 1 of Fairway Crossing At Lake |
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781 | 781 | | Houston Sec 6, the map of which is recorded in HCCF 619004; |
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782 | 782 | | THENCE along the centerline of Mexican Gully and the north line of |
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783 | 783 | | Fairway Crossing At Lake Houston Sec 6 the following courses and |
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784 | 784 | | distances: |
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785 | 785 | | S 78°19'25" W 159.62 feet; |
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786 | 786 | | S 58°33'36" E 50.18 feet; |
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787 | 787 | | S 56°10'34" W 88.29 feet; |
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788 | 788 | | S 69°58'30" W 134.39 feet; |
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789 | 789 | | N 48°59'41" W 200.44 feet; |
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790 | 790 | | S 68°19'46" W 248.22 feet; |
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791 | 791 | | S 01°06'53" E 150.83 feet; |
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792 | 792 | | S 67°24'23" W 245.65 feet; |
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793 | 793 | | S 47°42'48" W 139.43 feet; |
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794 | 794 | | S 12°08'51" E 74.49 feet; |
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795 | 795 | | S 15°19'27" E121.44 feet to the center of Luce Bayou; |
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796 | 796 | | THENCE along the center of Luce Bayou as follows: |
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797 | 797 | | N 86°30'53" W39.56 feet; |
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798 | 798 | | S 89°52'33" W129.23 feet; |
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799 | 799 | | N 70°38'13" W178.22 feet; |
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800 | 800 | | N 58°56'28" W146.63 feet; |
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801 | 801 | | N 34°52'28" W137.27 feet; |
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802 | 802 | | N 12°26'05" W211.68 feet; |
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803 | 803 | | N 23°10'46" E87.01 feet; |
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804 | 804 | | N 54°16'47" E83.54 feet; |
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805 | 805 | | N 25°54'48" E133.66 feet; |
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806 | 806 | | N 55°01'33" E55.56 feet; |
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807 | 807 | | N 21°22'10" E106.67 feet; |
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808 | 808 | | N 53°49'00" E86.13 feet; |
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809 | 809 | | S 65°31'41" E93.18 feet; |
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810 | 810 | | S 59°07'21" E87.78 feet; |
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811 | 811 | | S 36°39'52" E78.63 feet; |
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812 | 812 | | N 54°27'19" E255.38 feet; |
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813 | 813 | | N 04°28'28" E236.87 feet; |
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814 | 814 | | S 88°02'08" E373.40 feet; |
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815 | 815 | | N 21°24'47" E130.93 feet; |
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816 | 816 | | N 28°58'59" W310.88 feet; |
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817 | 817 | | N 55°56'15" W276.86 feet; |
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818 | 818 | | N 16°17'33" W180.44 feet; |
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819 | 819 | | N 28°42'30" W175.44 feet; |
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820 | 820 | | N 45°33'12" E324.30 feet; |
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821 | 821 | | N 19°10'00" E200.32 feet; |
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822 | 822 | | S 85°37'21" E129.05 feet; |
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823 | 823 | | S 12°10'03" W162.50 feet; |
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824 | 824 | | S 66°28'37" E214.05 feet; |
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825 | 825 | | N 71°24'50" E176.10 feet; |
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826 | 826 | | N 32°58'25" W471.75 feet; |
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827 | 827 | | N 23°27'47" E147.60 feet; |
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828 | 828 | | S 59°20'36" E281.49 feet; |
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829 | 829 | | N 04°07'09" E75.17 feet; |
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830 | 830 | | N 20°56'02" W293.88 feet; |
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831 | 831 | | N 31°07'23" E133.76 feet; |
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832 | 832 | | N 40°22'47" E236.30 feet; |
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833 | 833 | | S 52°04'44" E175.06 feet; |
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834 | 834 | | S 85°46'53" E217.37 feet; |
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835 | 835 | | N 72°02'52" E142.62 feet; |
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836 | 836 | | S 64°19'26" E130.86 feet; |
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837 | 837 | | N 47°10'33" E249.93 feet; |
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838 | 838 | | N 47°32'27" E 40.03 feet to a point in the north line of the called |
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839 | 839 | | 296.28 acre tract and the south line of the Ned Holmes Tract 2 |
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840 | 840 | | Parcel D Called 530.18 acre tract described in HCCF# F52006; |
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841 | 841 | | THENCE along the north line of the called 296.28 acre tract and the |
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842 | 842 | | south line of the Holmes tract N 87°14'06" E (called S 89°55'11" E) at |
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843 | 843 | | 603.11 pass a concrete monument with brass disk, and continuing for |
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844 | 844 | | a total distance of 3,252.43 feet (called 3,240.28 feet) to the |
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845 | 845 | | place of BEGINNING of Tract 2, containing 12,983,894 square feet, |
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846 | 846 | | or 298.069 acres of land, more or less (called 296.28 acres). |
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847 | 847 | | The meanders along Luce Bayou were determined from aerial |
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848 | 848 | | photography for the purposes of calculating acreage. The actual |
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849 | 849 | | boundary along this line is the center of the creek. |
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850 | 850 | | SECTION 3. (a) The legal notice of the intention to |
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851 | 851 | | introduce this Act, setting forth the general substance of this |
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852 | 852 | | Act, has been published as provided by law, and the notice and a |
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853 | 853 | | copy of this Act have been furnished to all persons, agencies, |
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854 | 854 | | officials, or entities to which they are required to be furnished |
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855 | 855 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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856 | 856 | | Government Code. |
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857 | 857 | | (b) The governor, one of the required recipients, has |
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858 | 858 | | submitted the notice and Act to the Texas Commission on |
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859 | 859 | | Environmental Quality. |
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860 | 860 | | (c) The Texas Commission on Environmental Quality has filed |
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861 | 861 | | its recommendations relating to this Act with the governor, |
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862 | 862 | | lieutenant governor, and speaker of the house of representatives |
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863 | 863 | | within the required time. |
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864 | 864 | | (d) The general law relating to consent by political |
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865 | 865 | | subdivisions to the creation of districts with conservation, |
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866 | 866 | | reclamation, and road powers and the inclusion of land in those |
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867 | 867 | | districts has been complied with. |
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868 | 868 | | (e) All requirements of the constitution and laws of this |
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869 | 869 | | state and the rules and procedures of the legislature with respect |
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870 | 870 | | to the notice, introduction, and passage of this Act have been |
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871 | 871 | | fulfilled and accomplished. |
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872 | 872 | | SECTION 4. This Act takes effect immediately if it receives |
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873 | 873 | | a vote of two-thirds of all the members elected to each house, as |
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874 | 874 | | provided by Section 39, Article III, Texas Constitution. If this |
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875 | 875 | | Act does not receive the vote necessary for immediate effect, this |
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876 | 876 | | Act takes effect September 1, 2017. |
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877 | 877 | | |
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878 | 878 | | Pos. No. Name of Director |
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879 | 879 | | |
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880 | 880 | | 1 __________ |
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881 | 881 | | |
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882 | 882 | | 2 __________ |
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883 | 883 | | |
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884 | 884 | | 3 __________ |
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885 | 885 | | |
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886 | 886 | | 4 __________ |
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887 | 887 | | |
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888 | 888 | | 5 __________ |
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