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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Chambers County Improvement District |
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No. 2; providing authority to levy an assessment, impose a tax, and |
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issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3872 to read as follows: |
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CHAPTER 3872. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3872.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a board member. |
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(3) "District" means the Chambers County Improvement |
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District No. 2. |
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Sec. 3872.002. NATURE OF DISTRICT. The district is a |
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special district created under Sections 52 and 52-a, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 3872.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 3872.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 3872.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 3872.005. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district, the legislature has established |
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a program to accomplish the public purposes set out in Sections 52 |
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and 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the City of Baytown, Chambers County, or any |
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other governmental entity from providing the level of services |
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provided, as of the effective date of the Act creating this chapter, |
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to the area in the district. The district is created to supplement |
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and not to supplant the governmental services provided in the area |
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in the district. |
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Sec. 3872.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3872.007. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3872.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district may be included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) an industrial district created under Chapter 42, |
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Local Government Code. |
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Sec. 3872.009. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3872.010. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3872.011-3872.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3872.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors elected or appointed as |
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provided by this chapter and Chapter 49, Water Code. |
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(b) Except as provided by Section 3872.052, directors serve |
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staggered four-year terms. |
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Sec. 3872.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3872.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 3872.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3872.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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Sec. 3872.053. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code, for directors of a |
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municipal utility district. Sections 375.069 and 375.070, Local |
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Government Code, do not apply to the board. |
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[Sections 3872.054-3872.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3872.101. GENERAL POWERS. (a) The district may |
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purchase, construct, acquire, own, operate, maintain, improve, or |
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extend, inside and outside the district, works, facilities, and |
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improvements necessary or convenient to accomplish the purposes of |
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the district authorized by Sections 52 and 52-a, Article III, and |
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Section 59, Article XVI, Texas Constitution. |
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(b) The district has the rights, powers, privileges, |
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authority, and functions conferred by the general law of this state |
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applicable to: |
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(1) a municipal management district, including |
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Chapter 375, Local Government Code; and |
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(2) municipal utility districts, including Chapters |
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49 and 54, Water Code. |
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Sec. 3872.102. RECREATIONAL FACILITIES. The district may |
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develop or finance recreational facilities as authorized by Chapter |
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375, Local Government Code, Sections 52 and 52-a, Article III, |
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Texas Constitution, and any other law that applies to the district. |
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Sec. 3872.103. EVALUATION OF FEASIBILITY. For purposes of |
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any applicable evaluation by the commission of the economic |
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feasibility of the district or its project and bonds, debt service |
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tax rate, maintenance tax rate, or overlapping tax rate, the |
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commission shall treat the district as a municipal utility district |
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situated wholly within Harris County, Texas. |
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Sec. 3872.104. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, and convey |
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to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads or improvements, |
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including storm drainage, in aid of those roads. |
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Sec. 3872.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 3872.106. DEVELOPMENT CORPORATION POWERS. The |
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district may exercise the powers given to a development corporation |
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under Chapter 505, Local Government Code, including the power to |
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own, operate, acquire, construct, lease, improve, or maintain a |
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project described by that chapter. |
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Sec. 3872.107. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered for purposes of |
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this chapter to be a local government corporation created under |
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Chapter 431, Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Chapter 431, |
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Transportation Code, except that a member of the corporation's |
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board of directors is not required to reside in the district. |
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Sec. 3872.108. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3872.109. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. |
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To protect the public interest, the district may contract with a |
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qualified party, including Chambers County or the City of Baytown, |
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for the provision of law enforcement services in the district for a |
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fee. |
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Sec. 3872.110. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3872.111. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may establish and provide for the administration of one or |
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more programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(b) The district has all of the powers of a municipality |
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under Chapter 380, Local Government Code. |
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Sec. 3872.112. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement with a municipality under Section 43.0751, |
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Local Government Code. |
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Sec. 3872.113. LIMITED EMINENT DOMAIN. (a) The district |
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may exercise the power of eminent domain only for the purposes, only |
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to the extent, and subject to the limitations the general law |
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provides for a municipal utility district. |
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(b) The district may not exercise the power of eminent |
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domain outside the district to acquire a site or easement for: |
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(1) a road project authorized by Section 3872.104; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 3872.114. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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Sec. 3872.115. FIREFIGHTING AND EMERGENCY MEDICAL |
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SERVICES. Subchapter L, Chapter 49, Water Code, applies to the |
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district. |
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[Sections 3872.116-3872.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3872.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of the district's money. |
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Sec. 3872.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, maintain, or |
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provide any works, facilities, improvements, or services |
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authorized under this chapter, Chapter 375, Local Government Code, |
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or Chapters 49 and 54, Water Code, using any money available to the |
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district. |
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Sec. 3872.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by: |
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(1) the owners of a majority of the assessed value of |
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real property in the district subject to assessment according to |
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the most recent certified tax appraisal roll for Chambers County; |
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or |
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(2) at least 25 persons who own real property in the |
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district subject to assessment, if more than 25 persons own real |
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property in the district subject to assessment as determined by the |
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most recent certified tax appraisal roll for Chambers County. |
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Sec. 3872.154. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3872.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district are: |
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(1) a first and prior lien against the property |
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assessed; |
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(2) superior to any other lien or claim other than a |
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lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) the personal liability of and a charge against the |
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owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3872.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3872.157. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 3872.161, |
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the district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code, for any district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 3872.158. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3872.159. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS. (a) The district may borrow money on terms and conditions |
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as determined by the board. Section 375.205, Local Government |
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Code, does not apply to a loan, line of credit, or other borrowing |
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from a bank or financial institution secured by revenue other than |
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ad valorem taxes. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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Sec. 3872.160. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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while all or part of the bonds are outstanding as required and in |
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the manner provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 3872.161. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3872.158. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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(d) At the time of issuance, the total principal amount of |
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bonds or other obligations issued or incurred to finance road |
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projects and payable from ad valorem taxes may not exceed |
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one-fourth of the assessed value of the real property in the |
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district. |
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(e) Sections 375.207 and 375.243, Local Government Code, do |
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not apply to the district. |
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Sec. 3872.162. COMPETITIVE BIDDING. Subchapter I, Chapter |
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49, Water Code, applies to the district. Subchapter K, Chapter 375, |
|
Local Government Code, does not apply to the district. |
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Sec. 3872.163. TAX AND ASSESSMENT ABATEMENTS. The district |
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may grant in the manner authorized by Chapter 312, Tax Code, an |
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abatement for a tax or assessment owed to the district. |
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[Sections 3872.164-3872.200 reserved for expansion] |
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SUBCHAPTER E. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED |
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PROPERTY |
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Sec. 3872.201. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
|
property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 3872.202. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
|
valorem taxes of the defined area or designated property, the board |
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shall call and hold an election in the defined area or within the |
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boundaries of the designated property only. |
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(b) The election shall be conducted as provided by Section |
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3872.161. |
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(c) The board may submit the issues to the voters on the same |
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ballot to be used in another election. |
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Sec. 3872.203. DECLARING RESULTS AND ISSUING ORDER. (a) If |
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a majority of the voters voting at the election approve the |
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proposition or propositions, the board shall declare the results |
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and, by order, shall establish the defined area and describe it by |
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metes and bounds or designate the specific property. |
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(b) The board's order is not subject to judicial review |
|
except on the ground of fraud, palpable error, or arbitrary and |
|
confiscatory abuse of discretion. |
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Sec. 3872.204. TAXES FOR IMPROVEMENTS AND FACILITIES IN |
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DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and |
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adoption of the order described by Section 3872.203, the district |
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may apply separately, differently, equitably, and specifically its |
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taxing power and lien authority to the defined area or designated |
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property to provide money to construct, administer, maintain, and |
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operate services, improvements, and facilities that primarily |
|
benefit the defined area or designated property. |
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Sec. 3872.205. ISSUANCE OF BONDS FOR DEFINED AREA OR |
|
DESIGNATED PROPERTY. After the order under Section 3872.203 is |
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adopted, the district may issue bonds to provide for any land, |
|
improvements, facilities, plants, equipment, and appliances for |
|
the defined area or designated property. |
|
[Sections 3872.206-3872.250 reserved for expansion] |
|
SUBCHAPTER F. MUNICIPAL ANNEXATION AND EFFECT ON MUNICIPAL POWERS |
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Sec. 3872.251. MUNICIPAL ANNEXATION OF THE DISTRICT. |
|
Notwithstanding Chapter 43, Local Government Code, a municipality |
|
in whose extraterritorial jurisdiction the district is located may |
|
annex all or part of the district. Municipal annexation of all or |
|
part of the district has no effect on the validity of the district |
|
and the district shall continue to exist and exercise the powers |
|
granted by this Act. Municipal annexation does not result in total |
|
or partial dissolution of the district or an assumption by the |
|
annexing municipality of any of the district's obligations or |
|
indebtedness. |
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Sec. 3872.252. EFFECT ON MUNICIPAL POWERS. (a) The |
|
creation of the district does not affect the power of a municipality |
|
in whose extraterritorial jurisdiction the district or part of the |
|
district lies to: |
|
(1) designate all or part of the district as an |
|
industrial district; |
|
(2) limit a power of the municipality conferred by |
|
Chapter 42, Local Government Code; or |
|
(3) provide municipal services to any area in the |
|
municipality or its extraterritorial jurisdiction that is also in |
|
the district. |
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(b) The creation of the district does not affect the power |
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the municipality had before the district was created to spend money |
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or provide services. |
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SECTION 2. Chambers County Improvement District No. 2 |
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initially includes all territory contained in the following area: |
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A certain 723.06 acre tract, situated in the G. L. Short |
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Survey, Abstract No. 228, the R. A. Porter Survey, Abstract No. 205 |
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in Chambers County, Texas; being all of a called 1.9725 acre tract |
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(Tract 1), all of a called 17.5648 acre tract (Tract 2), all of a |
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called 665.8778 acre tract (Tract 3), and all of a called 37.6437 |
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acre tract (Tract 4) described in Deed of Trust recorded in Volume |
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(08) 1053, Page 719 of the Chambers County Official Public Records; |
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said 723.06 acre tract being comprised of four tracts and being more |
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particularly described as follows with all bearings being based on |
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the Texas Coordinate System, South Central Zone, NAD83; |
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Tract I - 1.97 acres |
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BEGINNING at the northeast corner of said called 1.9725 acre |
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tract, being in the north right-of-way line of Farm to Market Road |
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No. 565 (Old Alignment), as recorded in Volume 120, Page 475 of the |
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Chambers County Deed Records; |
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THENCE, along the southeast line of the said 1.9725 acre |
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tract, common with the northwest right-of-way line of said Farm to |
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Market Road No. 565 (Old Alignment), along the arc of a curve to the |
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left having a radius of 612.96 feet, a central angle of 80°06'02", an |
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arc length of 856.93 feet, and a long chord bearing South 38°32'49" |
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West, 788.83 feet, to a point for corner; |
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THENCE, South 01°30'10" East, continuing along said common |
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line, 51.93 feet to a point for corner marking the southern corner |
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of the said 1.9725 acre tract, being in the east line of a called |
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63.623 acre tract as recorded in Volume (07) 995, Page 26 of the |
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Chambers County Official Public Records; |
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THENCE, North 13°22'45" West, along the west line of the said |
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1.9725 acre tract, common with the east line of the said 63.623 acre |
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tract, 559.38 feet to the northwest corner of the said 1.9725 acre |
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tract, common with a southwest corner of a called 92.8172 acre tract |
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as recorded in Volume (07) 943, Page 142 of the Chambers County |
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Official Public Records; |
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THENCE, North 78°37'32" East, along the north line of said |
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1.9725 acre tract, common with a south line of said 92.8172 acre |
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tract, 632.05 feet to the POINT OF BEGINNING, CONTAINING 1.97 acres |
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of land in Chambers County, Texas. |
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Tract II - 17.56 acres; |
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BEGINNING at the northeast corner of the aforementioned |
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17.5648 acre tract, being in the south right-of-way line of the |
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aforementioned Farm to Market Road No. 565 (Old Alignment); |
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THENCE, South 17°51'16" East, 48.43 feet to the beginning of a |
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non-tangent curve to the left in the north right-of-way line of Farm |
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to Market Road No. 565 (new right-of-way location) as described in |
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Volume (90) 104, Page 441 of the Chambers County Official Public |
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Records; |
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THENCE, along the south line of the aforementioned 17.5648 |
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acre tract, common with the north right-of-way line of said Farm to |
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Market Road No. 565 (new right-of-way location) the following three |
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(3) courses and distances: |
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1. Along the arc of said non-tangent curve to the left having |
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a radius of 1,969.86 feet, a central angle of 14°10'39", an |
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arc length of 487.43 feet, and a long chord bearing South |
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50°41'22" West, 486.19 feet to a point for corner; |
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2. South 43°36'03" West, 894.38 feet to the beginning of a |
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curve to the right; |
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3. Along the arc of said curve to the right having a radius of |
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1,849.86 feet, a central angle of 15°38'15", an arc length |
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of 504.88 feet, and a long chord bearing South 51°25'10" |
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West, 503.31 feet to a point for corner; |
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THENCE, North 13°25'03" West, 198.68 feet to the beginning of |
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a non-tangent curve to the left; |
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THENCE, along the arc of said curve to the left having a |
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radius of 612.96 feet, a central angle of 10°10'16", an arc length of |
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108.81 feet, and a long chord bearing North 03°34'57" East, 108.67 |
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feet to a point for corner; |
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THENCE, North 01°30'10" West, 278.30 feet to the beginning of |
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a curve to the right; |
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THENCE, along the arc of said curve to the right having a |
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radius of 532.96 feet, a central angle of 80°05'59", an arc length of |
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745.08 feet, and a long chord bearing North 38°32'49" East, 685.87 |
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feet to a point for corner; |
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THENCE, North 78°37'32" East, 1,010.63 feet to the POINT OF |
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BEGINNING, CONTAINING 17.56 acres of land in Chambers County, |
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Texas. |
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Tract III - 665.89 acres |
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BEGINNING at the northeast corner of the said 665.8778 acre |
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tract, being in the south right-of-way line of the aforementioned |
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Farm to Market Road No. 565 (new right-of-way location); |
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THENCE, South 02°31'31" East, 2,829.73 feet to a point for |
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corner; |
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THENCE, North 87°11'15" East, 2,512.35 feet to a point for |
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corner; |
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THENCE, South 02°47'49" East, 1,273.52 feet to a point for |
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corner; |
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THENCE, South 32°41'35" West, 1,392.72 feet to a point for |
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corner; |
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THENCE, South 31°38'35" West, 3,151.63 feet to the beginning |
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of a curve to the left; |
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THENCE, along the arc of said curve to the left having a |
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radius of 580.00 feet, a central angle of 28°30'23", an arc length of |
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288.57 feet, and a long chord bearing South 17°23'24" West, 285.60 |
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feet to a point for corner; |
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THENCE, South 77°19'54" West, 641.27 feet to a point for |
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corner; |
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THENCE, North 12°47'30" West, 3,758.66 feet to a point for |
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corner; |
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THENCE, South 77°18'04" West, 2,710.22 feet to a point for |
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corner; |
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THENCE, North 12°19'24" West, 3,101.61 feet to a point for |
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corner; |
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THENCE, North 77°09'13" East, 554.11 feet to the beginning of |
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a curve to the left; |
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THENCE, along the arc of said curve to the left having a |
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radius of 1,969.86 feet, a central angle of 08°25'45", an arc length |
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of 289.80 feet, and a long chord bearing North 72°56'20" East, |
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289.54 feet to a point for corner; |
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THENCE, North 76°55'21" East, 282.15 feet to a point for |
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corner; |
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THENCE, North 13°25'02" West, 61.94 feet to the beginning of a |
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non-tangent curve to the left; |
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THENCE, along the arc of said curve to the left having a |
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radius of 1,969.86 feet, a central angle of 16°43'28", an arc length |
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of 575.00 feet, and a long chord bearing North 51°57'47" East, |
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572.96 feet to a point for corner; |
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THENCE, North 43°36'03" East, 894.38 feet to the beginning of |
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a curve to the right; |
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THENCE, along the arc of said curve to the right having a |
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radius of 1,849.86 feet, a central angle of 35°00'00", an arc length |
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of 1,130.02 feet, and a long chord bearing North 61°06'03" East, |
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1,112.53 feet to a point for corner; |
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THENCE, North 78°36'03" East, 522.22 feet to the beginning of |
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a curve to the right; |
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THENCE, along the arc of said curve to the right having a |
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radius of 5,669.58 feet, a central angle of 01°02'10", an arc length |
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of 102.52 feet, and a long chord bearing North 79°07'09" East, |
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102.52 feet to a point for corner; |
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THENCE, North 79°38'13" East, 840.21 feet to the POINT OF |
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BEGINNING, CONTAINING 665.89 acres of land in Chambers County, |
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Texas. |
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Tract IV - 37.64 acres |
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BEGINNING at the north corner of the aforementioned called |
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37.6437 acre tract, being in the southeast line of the Coastal |
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Industrial Water Authority Canal (called 180-feet wide) as recorded |
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in Volume 308, Page 281 of the Chambers County Deed Records; |
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THENCE, South 02°47'49" East, along the east line of the said |
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37.6437 acre tract, common with the east line of the remainder of a |
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called 210.29 acre tract as recorded in Volume 172, Page 166 of the |
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Chambers County Deed Records, 2,158.70 feet to a point for corner |
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marking the southeast corner of the said 37.6437 acre tract, common |
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with the northeast corner of a called 59.974 acre tract recorded in |
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Volume 165, Page 456, of the Chambers County Deed Records; |
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THENCE, South 87°14'55" West, along the south line of the said |
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37.6437 acre tract, common with the north line of said 59.974 acre |
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tract, 1,504.79 feet to a point for corner marking the southwest |
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corner of the said 37.6437 acre tract being in the southeast line of |
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the aforementioned Coastal Industrial Water Authority Canal; |
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THENCE, North 31°38'35" East, along the northwest line of the |
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said 37.6437 acre tract, common with the being in the southeast line |
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of the aforementioned Coastal Industrial Water Authority Canal, |
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1,491.90 feet to a point for corner, |
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THENCE, North 32°41'35" East, continuing along said common |
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line, 1,138.65 feet to the POINT OF BEGINNING, CONTAINING 37.64 |
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acres of land in Chambers County, Texas along with the herein |
|
described 1.97 acre tract (Tract I), and the herein described 17.56 |
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acre tract (Tract II), and the herein described 665.88 acres (Tract |
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III) for a total acreage of 723.06 acres. |
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SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |