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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Alden Lake Management District; |
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providing authority to impose an assessment, impose a tax, and |
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issue bonds. |
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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 3876 to read as follows: |
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CHAPTER 3876. ALDEN LAKE MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3876.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Alden Lake Management |
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District. |
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Sec. 3876.002. NATURE OF DISTRICT. The Alden Lake |
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Management District is a special district created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 3876.003. 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 and in authorizing the City of |
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Lake Jackson, Brazoria County, and other political subdivisions to |
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contract with the district, the legislature has established a |
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program to accomplish the public purposes set out in Section 52-a, |
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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 Lake Jackson and Brazoria County |
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from providing the level of services provided, as of the effective |
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date of the Act creating this chapter, to the area in the district. |
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The district is created to supplement and not to supplant the city |
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or county services provided in the area in the district. |
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Sec. 3876.004. 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, roads, |
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and 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. 3876.005. 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 boundary description contained in Section 2 of the |
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Act creating this chapter forms a closure. A mistake in the |
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boundary description 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. 3876.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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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; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 3876.007. 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. 3876.008. 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 3876.009-3876.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3876.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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Sec. 3876.052. APPOINTMENT OF DIRECTORS. (a) The |
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governing body of the City of Lake Jackson shall appoint directors. |
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A person is appointed if a majority of the members of the governing |
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body, including the mayor, vote to appoint that person. |
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(b) The governing body of the City of Lake Jackson shall |
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appoint: |
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(1) three directors from a list of persons nominated |
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by the board; and |
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(2) two directors chosen by the governing body. |
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(c) Section 375.063, Local Government Code, does not apply |
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to directors appointed under Subsection (b)(2). |
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(d) If a person owns 25 percent or more of the surface area |
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of land in the district, the board shall request that the person |
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provide to the board a list of individuals for the board to nominate |
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under this section. If the person does not provide a list of |
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individuals to the board before the 31st day after the date the |
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board requests the list or if no person owns 25 percent or more of |
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the surface area of land in the district, the board is not required |
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to obtain a list and may nominate any eligible individual for |
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appointment to the board. If more than one person owns 25 percent |
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or more of the surface area of land included in the district, only |
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the person who owns the greatest amount of land included in the |
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district is entitled to have the board request a list under this |
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subsection. |
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(e) If a person who owns 25 percent or more of the surface |
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area of land in the district provides a list of individuals under |
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Subsection (d), at least a majority of the board must be composed of |
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individuals from a list or lists provided by that person. |
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(f) The City of Lake Jackson for any reason may remove a |
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director appointed under Subsection (b)(2) and appoint a person to |
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serve the remainder of the unexpired term. |
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(g) The board may appoint a person to fill a vacancy in the |
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office of a director appointed under Subsection (b)(1) for the |
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remainder of the unexpired term. |
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(h) The City of Lake Jackson may appoint a person to fill a |
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vacancy in the office of a director appointed under Subsection |
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(b)(2) for the remainder of the unexpired term. |
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Sec. 3876.053. INITIAL DIRECTORS. (a) The initial board |
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consists of two directors appointed by the governing body of the |
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City of Lake Jackson to serve in positions 1 and 2 and the following |
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directors to serve in positions 3 through 5: |
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Pos. No. Name of Director |
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3 John Richers |
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4 Kenneth R. Philips |
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5 Bryan K. Chapline |
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(b) Of the initial directors, the terms of directors |
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appointed for positions 1 and 3 expire June 1, 2011, and the terms |
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of directors appointed for positions 2, 4, and 5 expire June 1, |
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2013. |
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(c) Section 3876.052 does not apply to this section. |
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(d) This section expires September 1, 2014. |
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Sec. 3876.054. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3876.055. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3876.056. 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. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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[Sections 3876.057-3876.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3876.101. 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. 3876.102. 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 board member is not required to |
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reside in the district. |
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Sec. 3876.103. 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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(c) The board may enter into a contract with the board of |
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directors of a tax increment reinvestment zone created under |
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Chapter 311, Tax Code, and the governing body of the county or |
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municipality that created the zone to manage the zone or implement |
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the project plan and reinvestment zone financing plan. |
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Sec. 3876.104. 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 Brazoria County or the City of Lake |
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Jackson, for the provision of law enforcement services in the |
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district for a fee. |
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Sec. 3876.105. 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. 3876.106. 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) For purposes of this section, the district has all of |
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the powers of a municipality under Chapter 380, Local Government |
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Code. |
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Sec. 3876.107. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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Sec. 3876.108. 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, only if the City of Lake Jackson by ordinance or |
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resolution consents to the annexation. |
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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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[Sections 3876.109-3876.150 reserved for expansion] |
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SUBCHAPTER D. PARKING FACILITIES |
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Sec. 3876.151. PARKING FACILITIES AUTHORIZED; OPERATION BY |
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PRIVATE ENTITY. (a) The district may acquire, lease as lessor or |
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lessee, construct, develop, own, operate, and maintain parking |
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facilities or a system of parking facilities, including: |
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(1) lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets; and |
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(2) equipment, entrances, exits, fencing, and other |
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accessories necessary for safety and convenience in parking |
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vehicles. |
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(b) A parking facility of the district may be leased to, or |
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operated for the district by, an entity other than the district. |
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(c) The district's parking facilities are a program |
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authorized by the legislature under Section 52-a, Article III, |
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Texas Constitution. |
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(d) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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Sec. 3876.152. RULES. The district may adopt rules |
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covering its public parking system. |
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Sec. 3876.153. FINANCING OF PARKING FACILITIES. (a) The |
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district may use any of its resources, including revenue, |
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assessments, taxes, or grant or contract proceeds, to pay the cost |
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of acquiring or operating public parking facilities. |
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(b) The district may: |
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(1) set, charge, impose, and collect fees, charges, or |
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tolls for the use of the public parking facilities; and |
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(2) issue bonds or notes to finance the cost of these |
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facilities. |
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[Sections 3876.154-3876.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 3876.201. 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. 3876.202. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3876.203. 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 the assessment according |
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to the most recent certified tax appraisal roll for Brazoria |
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County; or |
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(2) at least 25 persons who own real property in the |
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district that is subject to assessment, if more than 25 persons own |
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real property in the district subject to assessment as determined |
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by the most recent certified tax appraisal roll for Brazoria |
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County. |
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Sec. 3876.204. 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. 3876.205. 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. Section 375.114, Local Government Code, does not apply |
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to the 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: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the 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. 3876.206. 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. 3876.207. RESIDENTIAL PROPERTY. Section 375.161, |
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Local Government Code, does not apply to a tax imposed by the |
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district or a requirement for payment for a service provided by the |
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district. |
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Sec. 3876.208. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 3876.212, |
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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 |
|
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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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3876.209. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
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Sec. 3876.210. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS. (a) The district may borrow money on terms and conditions |
|
as determined by the board. Section 375.205, Local Government |
|
Code, does not apply to a loan, line of credit, or other borrowing |
|
from a bank or financial institution secured by revenue other than |
|
ad valorem taxes. |
|
(b) The district may issue bonds, notes, or other |
|
obligations payable wholly or partly from ad valorem taxes, |
|
assessments, impact fees, revenue, contract payments, grants, or |
|
other district money, or any combination of those sources of money, |
|
to pay for any authorized district purpose. |
|
(c) The limitation on the outstanding principal amount of |
|
bonds, notes, and other obligations provided by Section 49.4645, |
|
Water Code, does not apply to the district. |
|
Sec. 3876.211. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the imposition of a continuing direct |
|
annual ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 3876.212. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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The district may issue, without an election, bonds, notes, and |
|
other obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 3876.209. |
|
(b) The district must hold an election in the manner |
|
provided by Subchapter L, Chapter 375, Local Government Code, to |
|
obtain voter approval before the district may impose an ad valorem |
|
tax or issue bonds payable from ad valorem taxes. |
|
(c) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(d) All or any part of any facilities or improvements that |
|
the district may acquire by the issuance of its bonds may be |
|
submitted as a single proposition or as several propositions to be |
|
voted on at the election. |
|
Sec. 3876.213. CITY NOT REQUIRED TO PAY DISTRICT |
|
OBLIGATIONS. Except as provided by Section 375.263, Local |
|
Government Code, the City of Lake Jackson is not required to pay a |
|
bond, note, or other obligation of the district. |
|
Sec. 3876.214. COMPETITIVE BIDDING. Subchapter I, Chapter |
|
49, Water Code, applies to the district. Sections 375.221 and |
|
375.223, Local Government Code, do not apply to the district. |
|
Sec. 3876.215. TAX AND ASSESSMENT ABATEMENTS. The district |
|
may grant in the manner authorized by Chapter 312, Tax Code, an |
|
abatement for a tax or assessment owed to the district. |
|
[Sections 3876.216-3876.250 reserved for expansion] |
|
SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED |
|
PROPERTY |
|
Sec. 3876.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
|
DESIGNATED PROPERTY. The district may define areas or designate |
|
certain property of the district to pay for improvements, |
|
facilities, or services that primarily benefit that area or |
|
property and do not generally and directly benefit the district as a |
|
whole. |
|
Sec. 3876.252. PROCEDURE FOR ELECTION. (a) Before the |
|
district may impose an ad valorem tax or issue bonds payable from ad |
|
valorem taxes of the defined area or designated property, the board |
|
shall hold an election in the defined area or within the boundaries |
|
of the designated property only. |
|
(b) The election shall be conducted as provided by Section |
|
3876.212. |
|
(c) The board may submit the issues to the voters on the same |
|
ballot to be used in another election. |
|
Sec. 3876.253. DECLARING RESULT AND ISSUING ORDER. (a) If |
|
a majority of the voters voting at the election approve the |
|
proposition or propositions, the board shall declare the results |
|
and, by order, shall establish the defined area and describe it by |
|
metes and bounds or designate the specific property. |
|
(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. |
|
Sec. 3876.254. TAXES FOR IMPROVEMENTS AND FACILITIES IN |
|
DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and |
|
adoption of the order described by Section 3876.253, the district |
|
may apply separately, differently, equitably, and specifically its |
|
taxing power and lien authority to the defined area or designated |
|
property to provide money to construct, administer, maintain, and |
|
operate services, improvements, and facilities that primarily |
|
benefit the defined area or designated property. |
|
Sec. 3876.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES |
|
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under |
|
Section 3876.253 is adopted, the district may issue bonds to |
|
provide for any land, improvements, facilities, plants, equipment, |
|
and appliances for the defined area or designated property. |
|
SECTION 2. The Alden Lake Management District initially |
|
includes all territory contained in the following area: |
|
BEING 987.49 acres of land situated in Brazoria County, |
|
Texas, approximately 849.30 acres of land located in the Stephen F. |
|
Austin Five Leagues Grant, Abstract 19 and approximately 138.19 |
|
acres of land located in the Jarad E. Groce Five Leagues Grant, |
|
Abstract 66; said 987.49 acre tract also being out of that certain |
|
7424.4 acre tract of land conveyed from T. Martin et ux to the |
|
Prison Commission of Texas in Deed dated February 1, 1918 and |
|
recorded in Volume 145, Page 242 of Deed Records of Brazoria County, |
|
Texas; and being all of and the same as that certain called 987.49 |
|
acre tract of land as conveyed by the Texas Department of Criminal |
|
Justice to the State of Texas Permanent School Fund in Deed dated |
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May 07, 2004, as recorded in File Number 2004028412 of the Official |
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Records of Brazoria County, Texas; said 987.49 acre tract of land |
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bearings are based on Texas Coordinate System, South Central Zone, |
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North American Datum 1983 (2002 adjustment), referenced to |
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Continuously Operating Reference Stations NETP (Grid North: |
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13,853,429.64, East: 3,131,034.28) and GALI (Grid North: |
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13,692,235.17, East: 3,326,526.51), with all distances described |
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herein being surface and may be converted to grid by dividing by the |
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combined scale factor of 1.000129997; and being more particularly |
|
described as follows: |
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BEGINNING at a set "X" in the concrete base of fence post |
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(Grid North: 13,588,395.64, East: 3,101,401.59) at the southeast |
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corner of said 987.49 acre tract, said iron rod bears South 86 |
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degrees 36 minutes 03 seconds West a distance of 512.01 feet from a |
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found Texas Department of Transportation Type II Monument at the |
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Southeast corner of said 7424.4 acre tract and the Northeast corner |
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of a 123.19 acre tract of land conveyed to the City of Lake Jackson |
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in deed and recorded in Volume 754, Page 478 of the Deed Records of |
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Brazoria County, Texas; |
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THENCE along the South line of said 7424.4 acre tract and the |
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North line of said 123.19 acre tract South 86 degrees 36 minutes 03 |
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seconds West at 541.42 feet pass a set 3/4 inch iron rod with a |
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"DANNENBAUM ENGINEERING" cap for a reference point, for a total |
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distance of 601.42 feet to a point on the East gradient boundary |
|
line of Oyster Creek, a navigable stream; |
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THENCE along the East gradient boundary line of said Oyster |
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Creek, to angle points, as follows: |
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G1 North 61 degrees 44 minutes 59 seconds West a distance |
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of 43.57 feet; |
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G2 North 73 degrees 43 minutes 21 seconds West a distance |
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of 93.47 feet; |
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G3 North 80 degrees 38 minutes 20 seconds West a distance |
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of 113.73 feet; |
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G4 North 88 degrees 58 minutes 48 seconds West a distance |
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of 188.81 feet; |
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G5 South 86 degrees 52 minutes 34 seconds West a distance |
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of 253.92 feet to a point, said point bears South 55 degrees 46 |
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minutes 44 seconds West a distance of 143.92 feet from a set 3/4 |
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inch iron rod with a "DANNENBAUM ENGINEERING" cap for a reference |
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point; |
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G6 South 81 degrees 21 minutes 17 seconds West a distance |
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of 185.58 feet; |
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G7 South 82 degrees 30 minutes 47 seconds West a distance |
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of 206.17 feet; |
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G8 South 79 degrees 45 minutes 34 seconds West a distance |
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of 203.43 feet; |
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G9 South 80 degrees 38 minutes 36 seconds West a distance |
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of 199.26 feet; |
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G10 South 84 degrees 25 minutes 38 seconds West a |
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distance of 139.34 feet; |
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G11 South 85 degrees 02 minutes 56 seconds West a |
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distance of 208.51 feet to a point, said point bears South 46 |
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degrees 33 minutes 39 seconds West a distance of 126.44 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
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reference point; |
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G12 North 87 degrees 33 minutes 24 seconds West a |
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distance of 173.57 feet; |
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G13 North 73 degrees 02 minutes 00 seconds West a |
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distance of 218.98 feet; |
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G14 North 76 degrees 30 minutes 47 seconds West a |
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distance of 166.76 feet; |
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G15 North 68 degrees 42 minutes 40 seconds West a |
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distance of 192.85 feet; |
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G16 North 69 degrees 19 minutes 46 seconds West a |
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distance of 201.58 feet to a point, said point bears South 11 |
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degrees 40 minutes 10 seconds West a distance of 67.54 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
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reference point; |
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G17 North 61 degrees 33 minutes 02 seconds West a |
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distance of 205.39 feet; |
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G18 North 55 degrees 56 minutes 49 seconds West a |
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distance of 201.86 feet; |
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G19 North 44 degrees 56 minutes 57 seconds West a |
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distance of 139.17 feet; |
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G20 North 33 degrees 00 minutes 13 seconds West a |
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distance of 237.07 feet; |
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G21 North 35 degrees 28 minutes 37 seconds West a |
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distance of 189.82 feet; |
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G22 North 39 degrees 14 minutes 15 seconds West a |
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distance of 125.02 feet to a point, said point bears South 15 |
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degrees 15 minutes 57 seconds West a distance of 73.97 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
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reference point; |
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G23 North 38 degrees 57 minutes 35 seconds West a |
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distance of 114.05 feet; |
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G24 North 39 degrees 33 minutes 46 seconds West a |
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distance of 153.94 feet; |
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G25 North 31 degrees 01 minutes 11 seconds West a |
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distance of 145.00 feet; |
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G26 North 33 degrees 23 minutes 32 seconds West a |
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distance of 152.23 feet; |
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G27 North 24 degrees 36 minutes 13 seconds West a |
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distance of 107.72 feet; |
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G28 North 22 degrees 14 minutes 23 seconds West a |
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distance of 151.58 feet; |
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G29 North 32 degrees 15 minutes 04 seconds West a |
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distance of 82.88 feet; |
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G30 North 29 degrees 08 minutes 45 seconds West a |
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distance of 149.93 feet; |
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G31 North 02 degrees 51 minutes 07 seconds West a |
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distance of 85.67 feet; |
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G32 North 15 degrees 53 minutes 55 seconds East a |
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distance of 100.97 feet to a point, said point bears North 51 |
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degrees 04 minutes 42 seconds West a distance of 50.49 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
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reference point; |
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G33 North 22 degrees 12 minutes 47 seconds East a |
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distance of 85.33 feet; |
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G34 North 25 degrees 38 minutes 23 seconds East a |
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distance of 82.57 feet; |
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G35 North 35 degrees 56 minutes 23 seconds East a |
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distance of 218.82 feet; |
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G36 North 42 degrees 43 minutes 59 seconds East a |
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distance of 140.25 feet; |
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G37 North 52 degrees 29 minutes 42 seconds East a |
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distance of 142.30 feet; |
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G38 North 48 degrees 55 minutes 34 seconds East a |
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distance of 123.58 feet; |
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G39 North 50 degrees 50 minutes 45 seconds East a |
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distance of 124.47 feet; |
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G40 North 53 degrees 11 minutes 26 seconds East a |
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distance of 130.24 feet; |
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G41 North 55 degrees 59 minutes 10 seconds East a |
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distance of 150.45 feet; |
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G42 North 50 degrees 15 minutes 08 seconds East a |
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distance of 150.72 feet to a point, said point bears North 11 |
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degrees 01 minutes 52 seconds West a distance of 73.81 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
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reference point; |
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G43 North 43 degrees 01 minutes 06 seconds East a |
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distance of 117.16 feet; |
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G44 North 39 degrees 25 minutes 48 seconds East a |
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distance of 83.71 feet; |
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G45 North 26 degrees 21 minutes 30 seconds East a |
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distance of 149.28 feet; |
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G46 North 17 degrees 27 minutes 30 seconds East a |
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distance of 146.50 feet; |
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G47 North 08 degrees 29 minutes 53 seconds East a |
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distance of 84.49 feet; |
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G48 North 05 degrees 20 minutes 21 seconds East a |
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distance of 102.92 feet; |
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G49 North 03 degrees 53 minutes 03 seconds West a |
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distance of 110.81 feet to a point, said point bears South 51 |
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degrees 12 minutes 00 seconds West a distance of 48.67 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
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reference point; |
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G50 North 12 degrees 56 minutes 32 seconds West a |
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distance of 212.55 feet; |
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G51 North 26 degrees 41 minutes 07 seconds West a |
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distance of 122.68 feet; |
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G52 North 39 degrees 12 minutes 00 seconds West a |
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distance of 103.34 feet; |
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G53 North 46 degrees 12 minutes 10 seconds West a |
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distance of 120.83 feet; |
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G54 North 52 degrees 46 minutes 42 seconds West a |
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distance of 151.57 feet; |
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G55 North 61 degrees 52 minutes 37 seconds West a |
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distance of 165.10 feet; |
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G56 North 68 degrees 24 minutes 44 seconds West a |
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distance of 211.54 feet; |
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G57 North 62 degrees 07 minutes 45 seconds West a |
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distance of 219.75 feet; |
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G58 North 65 degrees 59 minutes 15 seconds West a |
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distance of 166.52 feet; |
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G59 North 67 degrees 22 minutes 00 seconds West a |
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distance of 131.86 feet to a point, said point bears South 62 |
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degrees 16 minutes 01 seconds West a distance of 81.91 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
|
reference point; |
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G60 North 71 degrees 25 minutes 45 seconds West a |
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distance of 251.84 feet; |
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G61 North 77 degrees 58 minutes 34 seconds West a |
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distance of 218.99 feet; |
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G62 North 78 degrees 43 minutes 39 seconds West a |
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distance of 186.27 feet; |
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G63 North 80 degrees 33 minutes 10 seconds West a |
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distance of 141.24 feet; |
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G64 North 82 degrees 43 minutes 25 seconds West a |
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distance of 176.38 feet; |
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G65 North 75 degrees 12 minutes 06 seconds West a |
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distance of 133.35 feet to a point, said point bears South 42 |
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degrees 08 minutes 21 seconds West a distance of 38.40 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
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reference point; |
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G66 North 86 degrees 48 minutes 52 seconds West a |
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distance of 217.78 feet; |
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G67 North 88 degrees 09 minutes 20 seconds West a |
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distance of 270.26 feet; |
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G68 North 89 degrees 33 minutes 24 seconds West a |
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distance of 163.83 feet; |
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G69 South 86 degrees 41 minutes 21 seconds West a |
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distance of 223.77 feet; |
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G70 South 83 degrees 21 minutes 21 seconds West a |
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distance of 172.61 feet; |
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G71 South 83 degrees 51 minutes 00 seconds West a |
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distance of 155.40 feet to a point, said point bears South 45 |
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degrees 17 minutes 08 seconds East a distance of 46.90 feet from a |
|
set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
|
reference point; |
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G72 South 78 degrees 10 minutes 10 seconds West a |
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distance of 147.74 feet; |
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G73 South 83 degrees 42 minutes 11 seconds West a |
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distance of 132.81 feet; |
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G74 South 87 degrees 10 minutes 15 seconds West a |
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distance of 178.50 feet; |
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G75 North 87 degrees 25 minutes 17 seconds West a |
|
distance of 135.09 feet; |
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G76 South 88 degrees 19 minutes 55 seconds West a |
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distance of 156.06 feet; |
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G77 North 85 degrees 41 minutes 00 seconds West a |
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distance of 82.78 feet to a point, said point bears South 33 degrees |
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43 minutes 58 seconds East a distance of 54.39 feet from a set 3/4 |
|
inch iron rod with a "DANNENBAUM ENGINEERING" cap for a reference |
|
point; |
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G78 South 87 degrees 02 minutes 37 seconds West a |
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distance of 101.27 feet; |
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G79 North 73 degrees 17 minutes 12 seconds West a |
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distance of 111.92 feet; |
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G80 North 69 degrees 12 minutes 00 seconds West a |
|
distance of 113.14 feet; |
|
G81 North 57 degrees 30 minutes 43 seconds West a |
|
distance of 104.75 feet; |
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G82 North 41 degrees 00 minutes 44 seconds West a |
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distance of 111.30 feet to a point, said point bears South 28 |
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degrees 29 minutes 11 seconds West a distance of 117.91 feet from a |
|
set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
|
reference point; |
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G83 North 24 degrees 51 minutes 54 seconds West a |
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distance of 134.57 feet; |
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G84 North 09 degrees 14 minutes 29 seconds West a |
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distance of 105.84 feet; |
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G85 North 02 degrees 05 minutes 17 seconds West a |
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distance of 90.38 feet; |
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G86 North 14 degrees 57 minutes 28 seconds East a |
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distance of 148.49 feet; |
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G87 North 24 degrees 09 minutes 24 seconds East a |
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distance of 158.40 feet; |
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G88 North 40 degrees 22 minutes 44 seconds East a |
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distance of 165.76 feet; |
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G89 North 47 degrees 02 minutes 46 seconds East a |
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distance of 198.70 feet to a point, said point bears North 08 |
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degrees 19 minutes 28 seconds East a distance of 56.91 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
|
reference point; |
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G90 North 48 degrees 28 minutes 07 seconds East a |
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distance of 177.12 feet; |
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G91 North 48 degrees 48 minutes 11 seconds East a |
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distance of 262.38 feet; |
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G92 North 46 degrees 38 minutes 11 seconds East a |
|
distance of 207.99 feet; |
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G93 North 49 degrees 54 minutes 00 seconds East a |
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distance of 166.30 feet; |
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G94 North 56 degrees 07 minutes 52 seconds East a |
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distance of 166.77 feet; |
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G95 North 47 degrees 54 minutes 39 seconds East a |
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distance of 134.62 feet; |
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G96 North 52 degrees 12 minutes 00 seconds East a |
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distance of 172.93 feet to a point, said point bears North 22 |
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degrees 35 minutes 08 seconds East a distance of 64.86 feet from a |
|
set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
|
reference point; |
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G97 North 50 degrees 05 minutes 25 seconds East a |
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distance of 191.12 feet; |
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G98 North 48 degrees 11 minutes 49 seconds East a |
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distance of 196.64 feet; |
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G99 North 47 degrees 50 minutes 35 seconds East a |
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distance of 197.27 feet; |
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G100 North 47 degrees 25 minutes 10 seconds East a |
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distance of 189.70 feet; |
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G101 North 48 degrees 32 minutes 40 seconds East a |
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distance of 186.20 feet to a point, said point bears North 24 |
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degrees 54 minutes 37 seconds East a distance of 82.99 feet from a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
|
reference point; |
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G102 North 62 degrees 34 minutes 17 seconds East a |
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distance of 297.28 feet; |
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G103 North 69 degrees 16 minutes 43 seconds East a |
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distance of 231.02 feet; |
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G104 North 66 degrees 05 minutes 11 seconds East a |
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distance of 215.91 feet; |
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G105 North 73 degrees 14 minutes 02 seconds East a |
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distance of 341.31 feet; |
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G106 North 73 degrees 59 minutes 35 seconds East a |
|
distance of 207.86 feet; |
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G107 North 61 degrees 35 minutes 34 seconds East a |
|
distance of 102.12 feet; |
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G108 North 56 degrees 42 minutes 21 seconds East a |
|
distance of 123.61 feet; |
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G109 North 42 degrees 39 minutes 46 seconds East a |
|
distance of 118.62 feet; |
|
G110 North 38 degrees 14 minutes 09 seconds East a |
|
distance of 122.52 feet; |
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G111 North 40 degrees 27 minutes 30 seconds East a |
|
distance of 109.48 feet; |
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G112 North 33 degrees 36 minutes 41 seconds East a |
|
distance of 62.46 feet; |
|
G113 North 00 degrees 03 minutes 19 seconds East a |
|
distance of 106.64 feet; |
|
G114 North 28 degrees 20 minutes 05 seconds West a |
|
distance of 74.84 feet; |
|
G115 North 47 degrees 28 minutes 12 seconds West a |
|
distance of 98.25 feet; |
|
G116 North 55 degrees 20 minutes 11 seconds West a |
|
distance of 84.78 feet; |
|
G117 North 61 degrees 01 minutes 36 seconds West a |
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distance of 91.07 feet to a point at the Northwest corner of the |
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herein described tract of land; |
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THENCE departing said Gradient boundary line, North 83 |
|
degrees 41 minutes 43 seconds East a distance of 80.00 feet pass a |
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set 3/4 inch iron rod with a "DANNENBAUM ENGINEERING" cap for a |
|
reference point, a distance of 2342.51 feet pass a fence corner, and |
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continuing North 83 degrees 41 minutes 43 seconds East along an |
|
existing fence line, a total distance of 4391.77 feet to set 3/4 |
|
inch iron rod at a fence corner, with a "DANNENBAUM ENGINEERING" cap |
|
on the West right-of-way line of State Highway 288 as recorded in |
|
Volume 1239, Page 933 of the Deed Records of Brazoria County, Texas, |
|
and being the Northeast corner of the herein described tract of |
|
land; |
|
THENCE along the West right-of-way line of State Highway 288 |
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and the East line of the herein described tract of land the |
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following courses: |
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- South 03 degrees 23 minutes 47 seconds East a distance of |
|
334.81 feet to a set 3/4 inch iron rod with a "DANNENBAUM |
|
ENGINEERING" cap at a point of curvature; |
|
- Along an arc of a curve to the right, having a chord |
|
distance of South 21 degrees 51 minutes 13 seconds West a distance |
|
of 888.75 feet, a radius of 1041.74 feet and a central angle of 50 |
|
degrees 30 minutes 00 seconds, a distance of 918.18 feet to a set |
|
5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap. Said iron rod |
|
bears North 21 degrees 19 minutes 39 seconds East a distance of 0.42 |
|
feet from a Type I concrete monument; |
|
- South 47 degrees 06 minutes 13 seconds West a distance of |
|
175.34 feet to a set 5/8 inch iron rod with a "DANNENBAUM |
|
ENGINEERING" cap at a point of curvature. Said iron rod bears North |
|
19 degrees 21 minutes 20 seconds East a distance of 0.38 feet from a |
|
Type I concrete monument; |
|
- Along an arc of a curve to the left, having a chord |
|
distance of South 24 degrees 37 minutes 56 seconds West a distance |
|
of 394.04 feet, a radius of 515.46 feet and a central angle of 44 |
|
degrees 56 minutes 35 seconds, a distance of 404.33 feet to a set |
|
5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap. Said iron rod |
|
bears North 71 degrees 09 minutes 15 seconds West a distance of 0.73 |
|
feet from a Type I concrete monument; |
|
- South 43 degrees 00 minutes 11 seconds West a distance of |
|
72.39 feet to a set 5/8 inch iron rod with a "DANNENBAUM |
|
ENGINEERING" cap. Said iron rod bears South 31 degrees 26 minutes 39 |
|
seconds East a distance of 0.20 feet from a Type I concrete |
|
monument; |
|
- South 86 degrees 36 minutes 13 seconds West a distance of |
|
200.00 feet to a set 5/8 inch iron rod with a "DANNENBAUM |
|
ENGINEERING" cap. Said iron rod bears South 13 degrees 58 minutes 29 |
|
seconds East a distance of 0.18 feet from a Type I concrete |
|
monument; |
|
- South 03 degrees 23 minutes 47 seconds East a distance of |
|
120.00 feet to a set 5/8 inch iron rod with a "DANNENBAUM |
|
ENGINEERING" cap. Said iron rod bears South 41 degrees 51 minutes 42 |
|
seconds East a distance of 0.38 feet from a Type I concrete |
|
monument; |
|
- North 86 degrees 36 minutes 13 seconds East a distance of |
|
200.00 feet to a set 5/8 inch iron rod with a "DANNENBAUM |
|
ENGINEERING" cap. Said iron rod bears North 68 degrees 06 minutes 20 |
|
seconds East a distance of 0.75 feet from a Type I concrete |
|
monument; |
|
- South 49 degrees 47 minutes 45 seconds East a distance of |
|
72.39 feet to a set 5/8 inch iron rod with a "DANNENBAUM |
|
ENGINEERING" cap to a point of curvature; |
|
- Along an arc of a curve to the left, having a chord |
|
distance of South 31 degrees 25 minutes 32 seconds East a distance |
|
of 394.04 feet, a radius of 515.46 feet and a central angle of 44 |
|
degrees 56 minutes 35 seconds, a distance of 404.33 feet to a set |
|
5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap. Said iron rod |
|
bears South 64 degrees 47 minutes 02 seconds East a distance of 0.74 |
|
feet from a Type I concrete monument; |
|
- South 53 degrees 53 minutes 47 seconds East a distance of |
|
126.21 feet to a set 5/8 inch iron rod with a "DANNENBAUM |
|
ENGINEERING" cap at a point of curvature. Said iron rod bears North |
|
87 degrees 26 minutes 34 seconds East a distance of 1.13 feet from a |
|
Type I concrete monument; |
|
- Along an arc of a curve to the right, having a chord |
|
distance of South 28 degrees 38 minutes 47 seconds East a distance |
|
of 977.62 feet, a radius of 1145.92 feet and a central angle of 50 |
|
degrees 30 minutes 00 seconds, a distance of 1010.00 feet to a set |
|
5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap. Said iron rod |
|
bears North 80 degrees 54 minutes 46 seconds East a distance of 0.44 |
|
feet from a Type I concrete monument; |
|
- South 03 degrees 23 minutes 47 seconds East a distance of |
|
4860.82 feet to a set 5/8 inch iron rod with a "DANNENBAUM |
|
ENGINEERING" cap at a point of curvature. Said iron rod bears South |
|
71 degrees 34 minutes 42 seconds West a distance of 0.40 feet from a |
|
Type I concrete monument; |
|
- Along an arc of a curve to the right, having a chord |
|
distance of South 01 degrees 50 minutes 31 seconds West a distance |
|
of 1007.83 feet, a radius of 5519.58 feet and a central angle of 10 |
|
degrees 28 minutes 35 seconds, a distance of 1009.24 feet to a set |
|
5/8 inch iron rod with a "DANNENBAUM ENGINEERING" cap to the PLACE |
|
OF BEGINNING; containing 987.49 acres of land, more or less. |
|
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. |
|
|
|
* * * * * |