1 | 1 | | 89R25573 JTZ-F |
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2 | 2 | | By: Cook H.B. No. 5696 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | relating to the creation of The Reserve Municipal Management |
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9 | 9 | | District; providing authority to issue bonds; providing authority |
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10 | 10 | | to impose assessments, fees, and taxes. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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13 | 13 | | Code, is amended by adding Chapter 4026 to read as follows: |
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14 | 14 | | CHAPTER 4026. THE RESERVE MUNICIPAL MANAGEMENT DISTRICT |
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15 | 15 | | SUBCHAPTER A. GENERAL PROVISIONS |
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16 | 16 | | Sec. 4026.0101. DEFINITIONS. In this chapter: |
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17 | 17 | | (1) "Board" means the district's board of directors. |
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18 | 18 | | (2) "City" means the City of Mansfield. |
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19 | 19 | | (3) "Director" means a board member. |
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20 | 20 | | (4) "District" means The Reserve Municipal Management |
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21 | 21 | | District. |
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22 | 22 | | Sec. 4026.0102. NATURE OF DISTRICT. The Reserve Municipal |
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23 | 23 | | Management District is a special district created under Section 59, |
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24 | 24 | | Article XVI, Texas Constitution. |
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25 | 25 | | Sec. 4026.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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26 | 26 | | creation of the district is essential to accomplish the purposes of |
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27 | 27 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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28 | 28 | | Texas Constitution, and other public purposes stated in this |
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29 | 29 | | chapter. |
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30 | 30 | | (b) By creating the district and in authorizing the city and |
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31 | 31 | | other political subdivisions to contract with the district, the |
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32 | 32 | | legislature has established a program to accomplish the public |
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33 | 33 | | purposes set out in Section 52-a, Article III, Texas Constitution. |
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34 | 34 | | (c) The creation of the district is necessary to promote, |
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35 | 35 | | develop, encourage, and maintain employment, commerce, |
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36 | 36 | | transportation, housing, tourism, recreation, the arts, |
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37 | 37 | | entertainment, economic development, safety, and the public |
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38 | 38 | | welfare in the district. |
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39 | 39 | | (d) This chapter and the creation of the district may not be |
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40 | 40 | | interpreted to relieve the city from providing the level of |
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41 | 41 | | services provided as of the effective date of the Act enacting this |
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42 | 42 | | chapter to the area in the district. The district is created to |
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43 | 43 | | supplement and not to supplant city services provided in the |
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44 | 44 | | district. |
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45 | 45 | | Sec. 4026.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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46 | 46 | | (a) All land and other property included in the district will |
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47 | 47 | | benefit from the improvements and services to be provided by the |
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48 | 48 | | district under powers conferred by Sections 52 and 52-a, Article |
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49 | 49 | | III, and Section 59, Article XVI, Texas Constitution, and other |
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50 | 50 | | powers granted under this chapter. |
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51 | 51 | | (b) The district is created to serve a public use and |
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52 | 52 | | benefit. |
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53 | 53 | | (c) The creation of the district is in the public interest |
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54 | 54 | | and is essential to further the public purposes of: |
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55 | 55 | | (1) developing and diversifying the economy of the |
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56 | 56 | | state; |
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57 | 57 | | (2) eliminating unemployment and underemployment; and |
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58 | 58 | | (3) developing or expanding transportation and |
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59 | 59 | | commerce. |
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60 | 60 | | (d) The district will: |
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61 | 61 | | (1) promote the health, safety, and general welfare of |
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62 | 62 | | residents, employers, potential employees, employees, visitors, |
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63 | 63 | | and consumers in the district, and of the public; |
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64 | 64 | | (2) provide needed funding for the district to |
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65 | 65 | | preserve, maintain, and enhance the economic health and vitality of |
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66 | 66 | | the district territory as a community and business center; |
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67 | 67 | | (3) promote the health, safety, welfare, and enjoyment |
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68 | 68 | | of the public by providing pedestrian ways and by landscaping and |
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69 | 69 | | developing certain areas in the district, which are necessary for |
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70 | 70 | | the restoration, preservation, and enhancement of scenic beauty; |
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71 | 71 | | and |
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72 | 72 | | (4) provide for water, wastewater, drainage, road, and |
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73 | 73 | | recreational facilities for the district. |
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74 | 74 | | (e) Pedestrian ways along or across a street, whether at |
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75 | 75 | | grade or above or below the surface, and street lighting, street |
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76 | 76 | | landscaping, parking, and street art objects are parts of and |
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77 | 77 | | necessary components of a street and are considered to be a street |
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78 | 78 | | or road improvement. |
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79 | 79 | | (f) The district will not act as the agent or |
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80 | 80 | | instrumentality of any private interest even though the district |
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81 | 81 | | will benefit many private interests as well as the public. |
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82 | 82 | | Sec. 4026.0105. INITIAL DISTRICT TERRITORY. (a) The |
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83 | 83 | | district is initially composed of the territory described by |
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84 | 84 | | Section 2 of the Act enacting this chapter. |
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85 | 85 | | (b) The boundaries and field notes contained in Section 2 of |
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86 | 86 | | the Act enacting this chapter form a closure. A mistake in the |
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87 | 87 | | field notes or in copying the field notes in the legislative process |
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88 | 88 | | does not affect the district's: |
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89 | 89 | | (1) organization, existence, or validity; |
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90 | 90 | | (2) right to issue any type of bonds for the purposes |
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91 | 91 | | for which the district is created or to pay the principal of and |
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92 | 92 | | interest on the bonds; |
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93 | 93 | | (3) right to impose or collect an assessment or tax; or |
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94 | 94 | | (4) legality or operation. |
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95 | 95 | | Sec. 4026.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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96 | 96 | | All or any part of the area of the district is eligible to be |
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97 | 97 | | included in: |
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98 | 98 | | (1) a tax increment reinvestment zone created under |
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99 | 99 | | Chapter 311, Tax Code; or |
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100 | 100 | | (2) a tax abatement reinvestment zone created under |
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101 | 101 | | Chapter 312, Tax Code. |
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102 | 102 | | Sec. 4026.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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103 | 103 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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104 | 104 | | Chapter 375, Local Government Code, applies to the district. |
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105 | 105 | | Sec. 4026.0108. CONSTRUCTION OF CHAPTER. This chapter |
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106 | 106 | | shall be liberally construed in conformity with the findings and |
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107 | 107 | | purposes stated in this chapter. |
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108 | 108 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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109 | 109 | | Sec. 4026.0201. GOVERNING BODY; TERMS. (a) The district is |
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110 | 110 | | governed by a board of five elected directors who serve staggered |
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111 | 111 | | terms of four years. |
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112 | 112 | | (b) Directors are elected in the manner provided by |
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113 | 113 | | Subchapter D, Chapter 49, Water Code. |
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114 | 114 | | Sec. 4026.0202. COMPENSATION; EXPENSES. (a) The district |
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115 | 115 | | may compensate each director in an amount not to exceed $150 for |
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116 | 116 | | each board meeting. The total amount of compensation for each |
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117 | 117 | | director in one year may not exceed $7,200. |
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118 | 118 | | (b) A director is entitled to reimbursement for necessary |
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119 | 119 | | and reasonable expenses incurred in carrying out the duties and |
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120 | 120 | | responsibilities of the board. |
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121 | 121 | | (c) Sections 375.069 and 375.070, Local Government Code, do |
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122 | 122 | | not apply to the board. |
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123 | 123 | | Sec. 4026.0203. INITIAL DIRECTORS. (a) The initial board |
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124 | 124 | | consists of the following directors: |
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125 | 125 | | Pos. No. Name of Director Pos. No. Name of Director |
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126 | 126 | | Pos. No. Name of Director |
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127 | 127 | | 1 Clay Roby 1 Clay Roby |
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128 | 128 | | 1 Clay Roby |
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129 | 129 | | 2 Jimmy O'Neal 2 Jimmy O'Neal |
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130 | 130 | | 2 Jimmy O'Neal |
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131 | 131 | | 3 Dan White 3 Dan White |
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132 | 132 | | 3 Dan White |
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133 | 133 | | 4 Joe Smolinski 4 Joe Smolinski |
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134 | 134 | | 4 Joe Smolinski |
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135 | 135 | | 5 Jason Moore 5 Jason Moore |
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136 | 136 | | 5 Jason Moore |
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137 | 137 | | (b) Of the initial directors, the terms of directors |
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138 | 138 | | appointed for positions one through three expire June 1, 2027, and |
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139 | 139 | | the terms of directors appointed for positions four and five expire |
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140 | 140 | | June 1, 2029. |
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141 | 141 | | SUBCHAPTER C. POWERS AND DUTIES |
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142 | 142 | | Sec. 4026.0301. GENERAL POWERS AND DUTIES. The district |
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143 | 143 | | has the powers and duties necessary to accomplish the purposes for |
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144 | 144 | | which the district is created. |
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145 | 145 | | Sec. 4026.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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146 | 146 | | district, using any money available to the district for the |
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147 | 147 | | purpose, may provide, design, construct, acquire, improve, |
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148 | 148 | | relocate, operate, maintain, or finance an improvement project or |
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149 | 149 | | service authorized under this chapter or Chapter 375, Local |
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150 | 150 | | Government Code, including a canal, waterway, bulkhead, or dock, |
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151 | 151 | | inside or outside the district's boundaries, that is necessary to, |
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152 | 152 | | incidental to, or in aid of the navigation of inland water for the |
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153 | 153 | | purposes of the district. |
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154 | 154 | | (b) The district may contract with a governmental or private |
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155 | 155 | | entity to carry out an action under Subsection (a). |
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156 | 156 | | (c) The implementation of a district project or service is a |
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157 | 157 | | governmental function or service for the purposes of Chapter 791, |
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158 | 158 | | Government Code. |
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159 | 159 | | Sec. 4026.0303. NONPROFIT CORPORATION. (a) The board by |
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160 | 160 | | resolution may authorize the creation of a nonprofit corporation to |
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161 | 161 | | assist and act for the district in implementing a project or |
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162 | 162 | | providing a service authorized by this chapter. |
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163 | 163 | | (b) The nonprofit corporation: |
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164 | 164 | | (1) has each power of and is considered to be a local |
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165 | 165 | | government corporation created under Subchapter D, Chapter 431, |
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166 | 166 | | Transportation Code; and |
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167 | 167 | | (2) may implement any project and provide any service |
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168 | 168 | | authorized by this chapter. |
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169 | 169 | | (c) The board shall appoint the board of directors of the |
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170 | 170 | | nonprofit corporation. The board of directors of the nonprofit |
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171 | 171 | | corporation shall serve in the same manner as the board of directors |
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172 | 172 | | of a local government corporation created under Subchapter D, |
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173 | 173 | | Chapter 431, Transportation Code, except that a board member is not |
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174 | 174 | | required to reside in the district. |
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175 | 175 | | Sec. 4026.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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176 | 176 | | The district may join and pay dues to a charitable or nonprofit |
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177 | 177 | | organization that performs a service or provides an activity |
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178 | 178 | | consistent with the furtherance of a district purpose. |
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179 | 179 | | Sec. 4026.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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180 | 180 | | district may engage in activities that accomplish the economic |
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181 | 181 | | development purposes of the district. |
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182 | 182 | | (b) The district may establish and provide for the |
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183 | 183 | | administration of one or more programs to promote state or local |
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184 | 184 | | economic development and to stimulate business and commercial |
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185 | 185 | | activity in the district, including programs to: |
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186 | 186 | | (1) make loans and grants of public money; and |
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187 | 187 | | (2) provide district personnel and services. |
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188 | 188 | | (c) The district may create economic development programs |
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189 | 189 | | and exercise the economic development powers provided to |
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190 | 190 | | municipalities by: |
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191 | 191 | | (1) Chapter 380, Local Government Code; and |
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192 | 192 | | (2) Subchapter A, Chapter 1509, Government Code. |
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193 | 193 | | Sec. 4026.0306. PARKING FACILITIES. (a) The district may |
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194 | 194 | | acquire, lease as lessor or lessee, construct, develop, own, |
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195 | 195 | | operate, and maintain parking facilities or a system of parking |
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196 | 196 | | facilities, including lots, garages, parking terminals, or other |
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197 | 197 | | structures or accommodations for parking motor vehicles off the |
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198 | 198 | | streets and related appurtenances. |
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199 | 199 | | (b) The district's parking facilities serve the public |
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200 | 200 | | purposes of the district and are owned, used, and held for a public |
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201 | 201 | | purpose even if leased or operated by a private entity for a term of |
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202 | 202 | | years. |
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203 | 203 | | (c) The district's parking facilities are parts of and |
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204 | 204 | | necessary components of a street and are considered to be a street |
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205 | 205 | | or road improvement. |
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206 | 206 | | (d) The development and operation of the district's parking |
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207 | 207 | | facilities may be considered an economic development program. |
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208 | 208 | | Sec. 4026.0307. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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209 | 209 | | board by resolution shall establish the number of directors' |
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210 | 210 | | signatures and the procedure required for a disbursement or |
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211 | 211 | | transfer of district money. |
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212 | 212 | | Sec. 4026.0308. ADDING OR EXCLUDING LAND. Except as |
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213 | 213 | | provided by Section 4026.0309, the district may add or exclude land |
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214 | 214 | | in the manner provided by Subchapter J, Chapter 49, Water Code, or |
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215 | 215 | | by Subchapter H, Chapter 54, Water Code. |
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216 | 216 | | Sec. 4026.0309. DIVISION OF DISTRICT. (a) The district may |
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217 | 217 | | be divided into two or more new districts only if the district: |
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218 | 218 | | (1) has no outstanding bonded debt; and |
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219 | 219 | | (2) is not imposing ad valorem taxes. |
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220 | 220 | | (b) This chapter applies to any new district created by the |
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221 | 221 | | division of the district, and a new district has all the powers and |
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222 | 222 | | duties of the district. |
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223 | 223 | | (c) Any new district created by the division of the district |
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224 | 224 | | may not, at the time the new district is created, contain any land |
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225 | 225 | | outside the area described by Section 2 of the Act enacting this |
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226 | 226 | | chapter. |
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227 | 227 | | (d) The board, on its own motion or on receipt of a petition |
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228 | 228 | | signed by the owner or owners of a majority of the assessed value of |
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229 | 229 | | the real property in the district, may adopt an order dividing the |
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230 | 230 | | district. |
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231 | 231 | | (e) An order dividing the district must: |
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232 | 232 | | (1) name each new district; |
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233 | 233 | | (2) include the metes and bounds description of the |
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234 | 234 | | territory of each new district; |
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235 | 235 | | (3) appoint initial directors for each new district; |
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236 | 236 | | and |
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237 | 237 | | (4) provide for the division of assets and liabilities |
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238 | 238 | | between or among the new districts. |
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239 | 239 | | (f) On or before the 30th day after the date of adoption of |
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240 | 240 | | an order dividing the district, the district shall file the order |
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241 | 241 | | with the Texas Commission on Environmental Quality and record the |
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242 | 242 | | order in the real property records of each county in which the |
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243 | 243 | | district is located. |
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244 | 244 | | (g) Municipal consent to the creation of the district and to |
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245 | 245 | | the inclusion of land in the district granted under Section |
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246 | 246 | | 4026.0506 acts as municipal consent to the creation of any new |
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247 | 247 | | district created by the division of the district and to the |
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248 | 248 | | inclusion of land in the new district. |
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249 | 249 | | Sec. 4026.0310. NO EMINENT DOMAIN POWER. The district may |
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250 | 250 | | not exercise the power of eminent domain. |
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251 | 251 | | SUBCHAPTER D. ASSESSMENTS |
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252 | 252 | | Sec. 4026.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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253 | 253 | | AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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254 | 254 | | service or improvement project with assessments under this chapter |
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255 | 255 | | unless a written petition requesting that service or improvement |
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256 | 256 | | has been filed with the board. |
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257 | 257 | | (b) A petition filed under Subsection (a) must be signed by |
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258 | 258 | | the owners of a majority of the assessed value of real property in |
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259 | 259 | | the district subject to assessment according to the most recent |
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260 | 260 | | certified tax appraisal roll for the county. |
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261 | 261 | | Sec. 4026.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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262 | 262 | | The board by resolution may impose and collect an assessment for any |
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263 | 263 | | purpose authorized by this chapter in all or any part of the |
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264 | 264 | | district. |
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265 | 265 | | (b) An assessment, a reassessment, or an assessment |
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266 | 266 | | resulting from an addition to or correction of the assessment roll |
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267 | 267 | | by the district, penalties and interest on an assessment or |
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268 | 268 | | reassessment, an expense of collection, and reasonable attorney's |
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269 | 269 | | fees incurred by the district: |
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270 | 270 | | (1) are a first and prior lien against the property |
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271 | 271 | | assessed; |
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272 | 272 | | (2) are superior to any other lien or claim other than |
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273 | 273 | | a lien or claim for county, school district, or municipal ad valorem |
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274 | 274 | | taxes; and |
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275 | 275 | | (3) are the personal liability of and a charge against |
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276 | 276 | | the owners of the property even if the owners are not named in the |
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277 | 277 | | assessment proceedings. |
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278 | 278 | | (c) The lien is effective from the date of the board's |
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279 | 279 | | resolution imposing the assessment until the date the assessment is |
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280 | 280 | | paid. The board may enforce the lien in the same manner that the |
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281 | 281 | | board may enforce an ad valorem tax lien against real property. |
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282 | 282 | | (d) The board may make a correction to or deletion from the |
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283 | 283 | | assessment roll that does not increase the amount of assessment of |
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284 | 284 | | any parcel of land without providing notice and holding a hearing in |
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285 | 285 | | the manner required for additional assessments. |
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286 | 286 | | SUBCHAPTER E. TAXES AND BONDS |
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287 | 287 | | Sec. 4026.0501. TAX ELECTION REQUIRED. (a) The district |
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288 | 288 | | must hold an election in the manner provided by Chapter 49, Water |
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289 | 289 | | Code, or, if applicable, Chapter 375, Local Government Code, to |
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290 | 290 | | obtain voter approval before the district may impose an ad valorem |
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291 | 291 | | tax. |
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292 | 292 | | (b) Section 375.243, Local Government Code, does not apply |
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293 | 293 | | to the district. |
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294 | 294 | | Sec. 4026.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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295 | 295 | | authorized by a majority of the district voters voting at an |
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296 | 296 | | election under Section 4026.0501, the district may impose an |
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297 | 297 | | operation and maintenance tax on taxable property in the district |
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298 | 298 | | in the manner provided by Section 49.107, Water Code, for any |
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299 | 299 | | district purpose, including to: |
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300 | 300 | | (1) maintain and operate the district; |
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301 | 301 | | (2) construct or acquire improvements; or |
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302 | 302 | | (3) provide a service. |
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303 | 303 | | (b) The board shall determine the operation and maintenance |
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304 | 304 | | tax rate. The rate may not exceed the rate approved at the |
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305 | 305 | | election. |
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306 | 306 | | Sec. 4026.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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307 | 307 | | BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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308 | 308 | | terms determined by the board. |
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309 | 309 | | (b) The district may issue, by public or private sale, |
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310 | 310 | | bonds, notes, or other obligations payable wholly or partly from ad |
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311 | 311 | | valorem taxes, assessments, impact fees, revenue, including |
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312 | 312 | | contract revenues, contract payments, grants, or other district |
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313 | 313 | | money, or any combination of those sources of money, to pay for any |
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314 | 314 | | authorized district purpose. |
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315 | 315 | | (c) The district may issue, by public or private sale, |
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316 | 316 | | bonds, notes, or other obligations payable wholly or partly from |
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317 | 317 | | assessments in the manner provided by Subchapter A, Chapter 372, |
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318 | 318 | | Local Government Code, if the improvement financed by the |
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319 | 319 | | obligation issued under this section will be conveyed to or |
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320 | 320 | | operated and maintained by a municipality or other retail utility |
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321 | 321 | | provider pursuant to an agreement with the district entered into |
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322 | 322 | | before the issuance of the obligation. |
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323 | 323 | | Sec. 4026.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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324 | 324 | | PAYMENTS. The district may issue, without an election, bonds |
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325 | 325 | | secured by: |
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326 | 326 | | (1) revenue other than ad valorem taxes, including |
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327 | 327 | | contract revenues; or |
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328 | 328 | | (2) contract payments, provided that the requirements |
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329 | 329 | | of Section 49.108, Water Code, have been met. |
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330 | 330 | | Sec. 4026.0505. BONDS SECURED BY AD VALOREM TAXES; |
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331 | 331 | | ELECTIONS. (a) If authorized at an election under Section |
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332 | 332 | | 4026.0501, the district may issue bonds payable from ad valorem |
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333 | 333 | | taxes. |
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334 | 334 | | (b) At the time the district issues bonds payable wholly or |
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335 | 335 | | partly from ad valorem taxes, the board shall provide for the annual |
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336 | 336 | | imposition of a continuing direct annual ad valorem tax, without |
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337 | 337 | | limit as to rate or amount, for each year that all or part of the |
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338 | 338 | | bonds are outstanding as required and in the manner provided by |
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339 | 339 | | Sections 54.601 and 54.602, Water Code. |
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340 | 340 | | (c) All or any part of any facilities or improvements that |
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341 | 341 | | may be acquired by a district by the issuance of its bonds may be |
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342 | 342 | | submitted as a single proposition or as several propositions to be |
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343 | 343 | | voted on at the election. |
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344 | 344 | | Sec. 4026.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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345 | 345 | | board may not issue bonds until each municipality in whose |
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346 | 346 | | corporate limits or extraterritorial jurisdiction the district is |
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347 | 347 | | located has consented by ordinance or resolution to the creation of |
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348 | 348 | | the district and to the inclusion of land in the district as |
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349 | 349 | | required by applicable law. |
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350 | 350 | | (b) This section applies only to the district's first |
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351 | 351 | | issuance of bonds payable from ad valorem taxes. |
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352 | 352 | | SUBCHAPTER I. DISSOLUTION |
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353 | 353 | | Sec. 4026.0901. DISSOLUTION. (a) The board shall dissolve |
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354 | 354 | | the district on written petition filed with the board by the owners |
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355 | 355 | | of: |
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356 | 356 | | (1) at least two-thirds of the assessed value of the |
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357 | 357 | | property subject to assessment by the district based on the most |
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358 | 358 | | recent certified county property tax rolls; or |
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359 | 359 | | (2) at least two-thirds of the surface area of the |
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360 | 360 | | district, excluding roads, streets, highways, utility |
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361 | 361 | | rights-of-way, other public areas, and other property exempt from |
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362 | 362 | | assessment by the district according to the most recent certified |
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363 | 363 | | county property tax rolls. |
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364 | 364 | | (b) The board by majority vote may dissolve the district at |
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365 | 365 | | any time. |
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366 | 366 | | (c) The district may not be dissolved by its board under |
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367 | 367 | | Subsection (a) or (b) if the district: |
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368 | 368 | | (1) has any outstanding bonded indebtedness until that |
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369 | 369 | | bonded indebtedness has been repaid or defeased in accordance with |
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370 | 370 | | the order or resolution authorizing the issuance of the bonds; |
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371 | 371 | | (2) has a contractual obligation to pay money until |
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372 | 372 | | that obligation has been fully paid in accordance with the |
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373 | 373 | | contract; or |
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374 | 374 | | (3) owns, operates, or maintains public works, |
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375 | 375 | | facilities, or improvements unless the district contracts with |
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376 | 376 | | another person for the ownership, operation, or maintenance of the |
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377 | 377 | | public works, facilities, or improvements. |
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378 | 378 | | (d) Sections 375.261, 375.262, and 375.264, Local |
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379 | 379 | | Government Code, do not apply to the district. |
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380 | 380 | | SECTION 2. The Reserve Municipal Management District |
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381 | 381 | | initially includes all territory contained in the following area: |
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382 | 382 | | BEGINNING, at the west line of Matlock Road having a Texas State |
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383 | 383 | | Plane Coordinate System, NAD 83, North Central Zone (4202) grid |
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384 | 384 | | coordinate of North 6,892,348.42, East 2,400,693.84; |
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385 | 385 | | THENCE, South 29 degrees, 55 minutes, 44.23 seconds East, a |
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386 | 386 | | distance of 567.590 feet to a point for corner; |
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387 | 387 | | THENCE, South 33 degrees, 06 minutes, 30.23 seconds East, a |
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388 | 388 | | distance of 90.140 feet to a point for corner; |
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389 | 389 | | THENCE, South 29 degrees, 55 minutes, 43.23 seconds East, a |
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390 | 390 | | distance of 85.000 feet to a point for corner; said point being the |
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391 | 391 | | beginning of a curve to the right; |
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392 | 392 | | THENCE, Along said curve, having a central angle of 30 degrees, 33 |
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393 | 393 | | minutes, 43.20 seconds, a radius of 995.000 feet, a chord bearing |
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394 | 394 | | and distance of South 14 degrees, 38 minutes, 52.23 seconds East, |
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395 | 395 | | 524.470 feet, an arc distance of 530.740 feet to a point at the end |
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396 | 396 | | of said curve; |
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397 | 397 | | THENCE, South 00 degrees, 38 minutes, 00.77 seconds West, a |
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398 | 398 | | distance of 129.510 feet to a point for corner; said point being the |
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399 | 399 | | beginning of a non-tangent curve to the left; |
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400 | 400 | | THENCE, Along said curve, having a central angle of 110 degrees, 30 |
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401 | 401 | | minutes, 03.96 seconds, a radius of 115.000 feet, a chord bearing |
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402 | 402 | | and distance of South 05 degrees, 13 minutes, 08.77 seconds West, |
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403 | 403 | | 188.980 feet, an arc distance of 221.790 feet to a point at the end |
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404 | 404 | | of said curve; |
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405 | 405 | | THENCE, South 29 degrees, 51 minutes, 36.23 seconds East, a |
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406 | 406 | | distance of 78.956 feet to a point for corner; said point being the |
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407 | 407 | | beginning of a non-tangent curve to the left; |
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408 | 408 | | THENCE, Along said curve, having a central angle of 18 degrees, 08 |
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409 | 409 | | minutes, 03.84 seconds, a radius of 1105.000 feet, a chord bearing |
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410 | 410 | | and distance of South 20 degrees, 37 minutes, 21.23 seconds East, |
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411 | 411 | | 348.280 feet, an arc distance of 349.738 feet to a point at the end |
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412 | 412 | | of said curve; |
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413 | 413 | | THENCE, South 29 degrees, 41 minutes, 23.23 seconds East, a |
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414 | 414 | | distance of 177.850 feet to a point for corner; said point being the |
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415 | 415 | | beginning of a non-tangent curve to the right; |
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416 | 416 | | THENCE, Along said curve, having a central angle of 5 degrees, 07 |
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417 | 417 | | minutes, 57.36 seconds, a radius of 500.610 feet, a chord bearing |
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418 | 418 | | and distance of South 27 degrees, 07 minutes, 18.23 seconds East, |
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419 | 419 | | 44.830 feet, an arc distance of 44.845 feet to a point at the end of |
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420 | 420 | | said curve; said point being the beginning of a non-tangent curve to |
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421 | 421 | | the left; |
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422 | 422 | | THENCE, Along said curve, having a central angle of 6 degrees, 22 |
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423 | 423 | | minutes, 12.72 seconds, a radius of 527.610 feet, a chord bearing |
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424 | 424 | | and distance of South 27 degrees, 44 minutes, 32.23 seconds East, |
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425 | 425 | | 58.630 feet, an arc distance of 58.660 feet to a point at the end of |
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426 | 426 | | said curve; |
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427 | 427 | | THENCE, South 29 degrees, 41 minutes, 27.23 seconds East, a |
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428 | 428 | | distance of 81.270 feet to a point for corner; said point being the |
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429 | 429 | | beginning of a non-tangent curve to the right; |
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430 | 430 | | THENCE, Along said curve, having a central angle of 88 degrees, 46 |
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431 | 431 | | minutes, 15.60 seconds, a radius of 58.000 feet, a chord bearing and |
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432 | 432 | | distance of South 14 degrees, 41 minutes, 29.77 seconds West, |
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433 | 433 | | 81.140 feet, an arc distance of 89.862 feet to a point at the end of |
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434 | 434 | | said curve; |
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435 | 435 | | THENCE, South 59 degrees, 04 minutes, 23.77 seconds West, a |
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436 | 436 | | distance of 1606.253 feet to a point for corner; |
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437 | 437 | | THENCE, North 75 degrees, 40 minutes, 33.00 seconds West, a |
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438 | 438 | | distance of 36.018 feet to a point for corner; |
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439 | 439 | | THENCE, North 30 degrees, 28 minutes, 34.00 seconds West, a |
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440 | 440 | | distance of 25.140 feet to a point for corner; |
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441 | 441 | | THENCE, North 30 degrees, 22 minutes, 19.00 seconds West, a |
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442 | 442 | | distance of 51.590 feet to a point for corner; said point being the |
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443 | 443 | | beginning of a non-tangent curve to the left; |
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444 | 444 | | THENCE, Along said curve, having a central angle of 17 degrees, 48 |
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445 | 445 | | minutes, 18.00 seconds, a radius of 914.000 feet, a chord bearing |
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446 | 446 | | and distance of North 39 degrees, 17 minutes, 25.00 seconds West, |
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447 | 447 | | 282.890 feet, an arc distance of 284.031 feet to a point at the end |
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448 | 448 | | of said curve; said point being the beginning of a compound curve to |
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449 | 449 | | the left; |
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450 | 450 | | THENCE, Along said curve, having a central angle of 30 degrees, 33 |
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451 | 451 | | minutes, 24.84 seconds, a radius of 914.000 feet, a chord bearing |
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452 | 452 | | and distance of North 63 degrees, 28 minutes, 16.85 seconds West, |
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453 | 453 | | 481.697 feet, an arc distance of 487.454 feet to a point at the end |
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454 | 454 | | of said curve; |
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455 | 455 | | THENCE, North 29 degrees, 15 minutes, 04.00 seconds West, a |
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456 | 456 | | distance of 1147.565 feet to a point for corner; |
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457 | 457 | | THENCE, North 29 degrees, 26 minutes, 33.00 seconds West, a |
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458 | 458 | | distance of 839.410 feet to a point for corner; |
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459 | 459 | | THENCE, North 30 degrees, 07 minutes, 05.99 seconds West, a |
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460 | 460 | | distance of 667.664 feet to a point for corner; |
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461 | 461 | | THENCE, North 30 degrees, 07 minutes, 05.00 seconds West, a |
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462 | 462 | | distance of 599.046 feet to a point for corner; |
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463 | 463 | | THENCE, North 59 degrees, 34 minutes, 19.00 seconds East, a |
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464 | 464 | | distance of 602.393 feet to a point for corner; said point being the |
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465 | 465 | | beginning of a non-tangent curve to the right; |
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466 | 466 | | THENCE, Along said curve, having a central angle of 46 degrees, 33 |
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467 | 467 | | minutes, 12.60 seconds, a radius of 145.000 feet, a chord bearing |
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468 | 468 | | and distance of North 82 degrees, 50 minutes, 53.00 seconds East, |
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469 | 469 | | 114.600 feet, an arc distance of 117.814 feet to a point at the end |
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470 | 470 | | of said curve; |
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471 | 471 | | THENCE, South 73 degrees, 44 minutes, 12.00 seconds East, a |
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472 | 472 | | distance of 164.490 feet to a point for corner; said point being the |
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473 | 473 | | beginning of a non-tangent curve to the right; |
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474 | 474 | | THENCE, Along said curve, having a central angle of 14 degrees, 56 |
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475 | 475 | | minutes, 32.64 seconds, a radius of 785.370 feet, a chord bearing |
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476 | 476 | | and distance of South 66 degrees, 04 minutes, 21.00 seconds East, |
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477 | 477 | | 204.240 feet, an arc distance of 204.820 feet to a point at the end |
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478 | 478 | | of said curve; |
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479 | 479 | | THENCE, North 28 degrees, 27 minutes, 50.00 seconds East, a |
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480 | 480 | | distance of 339.780 feet to a point for corner; |
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481 | 481 | | THENCE, North 74 degrees, 40 minutes, 12.00 seconds East, a |
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482 | 482 | | distance of 20.780 feet to a point for corner; said point being the |
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483 | 483 | | beginning of a non-tangent curve to the right; |
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484 | 484 | | THENCE, Along said curve, having a central angle of 11 degrees, 33 |
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485 | 485 | | minutes, 58.68 seconds, a radius of 1140.000 feet, a chord bearing |
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486 | 486 | | and distance of South 52 degrees, 57 minutes, 45.68 seconds East, |
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487 | 487 | | 229.741 feet, an arc distance of 230.132 feet to a point at the end |
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488 | 488 | | of said curve; |
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489 | 489 | | THENCE, South 47 degrees, 10 minutes, 47.17 seconds East, a |
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490 | 490 | | distance of 302.870 feet to a point for corner; said point being the |
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491 | 491 | | beginning of a non-tangent curve to the left; |
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492 | 492 | | THENCE, Along said curve, having a central angle of 50 degrees, 36 |
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493 | 493 | | minutes, 33.84 seconds, a radius of 1060.000 feet, a chord bearing |
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494 | 494 | | and distance of South 72 degrees, 29 minutes, 03.06 seconds East, |
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495 | 495 | | 906.156 feet, an arc distance of 936.299 feet to a point at the end |
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496 | 496 | | of said curve; |
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497 | 497 | | THENCE, South 06 degrees, 24 minutes, 37.23 seconds East, a |
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498 | 498 | | distance of 73.347 feet to a point for corner; said point being the |
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499 | 499 | | beginning of a non-tangent curve to the left; |
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500 | 500 | | THENCE, Along said curve, having a central angle of 23 degrees, 41 |
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501 | 501 | | minutes, 22.20 seconds, a radius of 115.000 feet, a chord bearing |
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502 | 502 | | and distance of South 18 degrees, 15 minutes, 09.23 seconds East, |
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503 | 503 | | 47.210 feet, an arc distance of 47.548 feet to a point at the end of |
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504 | 504 | | said curve; |
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505 | 505 | | THENCE, South 30 degrees, 06 minutes, 00.23 seconds East, a |
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506 | 506 | | distance of 218.970 feet to a point for corner; |
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507 | 507 | | THENCE, North 60 degrees, 04 minutes, 59.77 seconds East, a |
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508 | 508 | | distance of 348.680 feet to the POINT OF BEGINNING; |
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509 | 509 | | CONTAINING: 7,564,921 square feet or 173.667 acres of land, more or |
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510 | 510 | | less. |
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511 | 511 | | SECTION 3. (a) The legal notice of the intention to |
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512 | 512 | | introduce this Act, setting forth the general substance of this |
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513 | 513 | | Act, has been published as provided by law, and the notice and a |
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514 | 514 | | copy of this Act have been furnished to all persons, agencies, |
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515 | 515 | | officials, or entities to which they are required to be furnished |
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516 | 516 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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517 | 517 | | Government Code. |
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518 | 518 | | (b) The governor, one of the required recipients, has |
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519 | 519 | | submitted the notice and Act to the Texas Commission on |
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520 | 520 | | Environmental Quality. |
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521 | 521 | | (c) The Texas Commission on Environmental Quality has filed |
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522 | 522 | | its recommendations relating to this Act with the governor, |
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523 | 523 | | lieutenant governor, and speaker of the house of representatives |
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524 | 524 | | within the required time. |
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525 | 525 | | (d) All requirements of the constitution and laws of this |
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526 | 526 | | state and the rules and procedures of the legislature with respect |
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527 | 527 | | to the notice, introduction, and passage of this Act have been |
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528 | 528 | | fulfilled and accomplished. |
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529 | 529 | | SECTION 4. This Act takes effect immediately if it receives |
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530 | 530 | | a vote of two-thirds of all the members elected to each house, as |
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531 | 531 | | provided by Section 39, Article III, Texas Constitution. If this |
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532 | 532 | | Act does not receive the vote necessary for immediate effect, this |
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533 | 533 | | Act takes effect September 1, 2025. |
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534 | 534 | | |
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535 | 535 | | |
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536 | 536 | | |
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537 | 537 | | Pos. No. Name of Director |
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538 | 538 | | |
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539 | 539 | | |
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540 | 540 | | |
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541 | 541 | | 1 Clay Roby |
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542 | 542 | | |
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543 | 543 | | |
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544 | 544 | | |
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545 | 545 | | 2 Jimmy O'Neal |
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546 | 546 | | |
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547 | 547 | | |
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548 | 548 | | |
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549 | 549 | | 3 Dan White |
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550 | 550 | | |
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551 | 551 | | |
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552 | 552 | | |
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553 | 553 | | 4 Joe Smolinski |
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554 | 554 | | |
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555 | 555 | | |
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556 | 556 | | |
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557 | 557 | | 5 Jason Moore |
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