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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 Harris County Improvement District |
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No. 12; providing authority to impose an assessment, impose a tax, |
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and 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 3880 to read as follows: |
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CHAPTER 3880. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 12 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3880.001. 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 Harris County Improvement |
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District No. 12. |
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Sec. 3880.002. NATURE OF DISTRICT. The Harris County |
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Improvement District No. 12 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3880.003. 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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Houston, Harris 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 Houston or Harris County from |
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providing the level of services provided, as of the effective date |
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of the Act enacting this chapter, to the area in the district. The |
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district is created to supplement and not to supplant the city and |
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county services provided in the area in the district. |
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Sec. 3880.004. 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, road, |
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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. 3880.005. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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. 3880.006. 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. 3880.007. 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. 3880.008. 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 3880.009-3880.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3880.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven voting directors who serve staggered |
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terms of four years, with three or four directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may change the number of voting |
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directors on the board, but only if the board determines that the |
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change is in the best interest of the district. The board may not |
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consist of fewer than five or more than 15 voting directors. |
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Sec. 3880.052. APPOINTMENT OF DIRECTORS. The mayor and |
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members of the governing body of the City of Houston shall appoint |
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voting directors from persons recommended by the board. A person is |
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appointed if a majority of the members of the governing body, |
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including the mayor, vote to appoint the person. |
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Sec. 3880.053. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. Name of Director |
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1 Randy Robertson |
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2 Steve Helm |
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3 Stewart Masterson |
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4 Kyle Sears |
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5 Lisa Stone |
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6 Brandon Dudley |
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7 Billy Briscoe |
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(b) Of the initial directors, the terms of directors |
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appointed for positions 1 through 4 expire June 1, 2011, and the |
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terms of directors appointed for positions 5 through 7 expire June |
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1, 2013. |
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(c) Section 3880.052 does not apply to this section. |
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(d) This section expires September 1, 2014. |
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Sec. 3880.054. 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. 3880.055. 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. 3880.056. 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 3880.057-3880.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3880.101. 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. 3880.102. 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. 3880.103. 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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Sec. 3880.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT |
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SERVICES. To protect the public interest, the district may |
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contract with a qualified person, including Harris County or the |
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City of Houston, for the provision of law enforcement services in |
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the district for a fee. |
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Sec. 3880.105. APPROVAL BY THE CITY OF HOUSTON. (a) Except |
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as provided by Subsection (c), the district must obtain the |
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approval of the City of Houston for: |
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(1) the issuance of bonds; and |
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(2) the plans and specifications of an improvement |
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project related to the use of land owned by the city, an easement |
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granted by the city, or a right-of-way of a street, road, or |
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highway. |
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(b) The governing body of the City of Houston must provide |
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the approval required by Subsection (a)(1) by adoption of a |
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resolution or ordinance of the governing body of the City of |
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Houston. The approval required by Subsection (a)(2) may be |
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provided by an administrative process that does not involve the |
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city's governing body. |
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(c) If the district obtains the approval of the governing |
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body of the City of Houston of a capital improvements budget for a |
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period not to exceed 10 years, the district may finance the capital |
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improvements and issue bonds specified in the budget without |
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further approval from the city. |
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Sec. 3880.106. 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. 3880.107. 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. 3880.108. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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Sec. 3880.109. 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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[Sections 3880.110-3880.150 reserved for expansion] |
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SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PUBLIC PARKING FACILITIES |
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Sec. 3880.151. PUBLIC TRANSIT SYSTEM. The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain a public transit system to serve the area in |
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the district. |
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Sec. 3880.152. 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 on behalf of the district by an entity other than the |
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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. 3880.153. RULES. The district may adopt rules |
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governing the district's public parking facilities. |
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Sec. 3880.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR PUBLIC |
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PARKING FACILITIES. (a) The district may use any of its resources, |
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including revenue, assessments, taxes, or grant or contract |
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proceeds, to pay the cost of acquiring or operating a public transit |
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system or 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 district's public transit system or public |
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parking facilities; and |
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(2) issue bonds or notes to finance the cost of the |
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district's public transit system or public parking facilities. |
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[Sections 3880.155-3880.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 3880.201. 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. 3880.202. 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. 3880.203. 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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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for Harris County. |
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Sec. 3880.204. 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. 3880.205. 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. |
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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. 3880.206. 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. 3880.207. 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 of a service provided by the |
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district. |
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Sec. 3880.208. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 3880.212, |
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the district may impose an annual operation and maintenance tax on |
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taxable property in the district in accordance with Section 49.107, |
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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. 3880.209. 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. 3880.210. 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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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3880.211. 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 ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 3880.212. 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 3880.209. |
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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) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of district bonds may |
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be included in one single proposition to be voted on at the election |
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or the bonds may be submitted in several propositions. |
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Sec. 3880.213. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the City of Houston is not required to pay a bond, |
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note, or other obligation of the district. |
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Sec. 3880.214. COMPETITIVE BIDDING. Subchapter I, Chapter |
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49, Water Code, applies to the district. Sections 375.221 and |
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375.223, Local Government Code, do not apply to the district. |
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Sec. 3880.215. 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 3880.216-3880.250 reserved for expansion] |
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SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED |
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PROPERTY |
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Sec. 3880.251. 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 |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 3880.252. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
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valorem taxes of the area defined or property designated under |
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Section 3880.251, the board must call and hold an election as |
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provided by Section 3880.212 only in the defined area or in the |
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boundaries of the designated property. |
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(b) The board may submit the proposition to the voters on |
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the same ballot to be used in another election. |
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Sec. 3880.253. DECLARING RESULT 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) A court may not review the board's order except on the |
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ground of fraud, palpable error, or arbitrary and confiscatory |
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abuse of discretion. |
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Sec. 3880.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described by Section 3880.253, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 3880.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES |
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FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under |
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Section 3880.253 is adopted, the district may issue bonds to |
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provide for any land, improvements, facilities, plants, equipment, |
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and appliances for the defined area or designated property. |
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SECTION 2. The Harris County Improvement District No. 12 |
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initially includes all territory contained in the following area: |
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Being a tract or parcel containing 254.065 gross acres of |
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land situated in the B.B.B. & C. Railroad Company Survey, Abstract |
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Number 179 and the B.B.B. & C. Railroad Company Survey, Abstract |
|
Number 173, Harris County, Texas; Save and Except, 2.998 acres of |
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land, being Lots 10, 11 and 15 of the Cohen Subdivision recorded in |
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Volume 414, Page 560 Harris County Deed Records (H.C.D.R.); said |
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251.067 net acre tract being more particularly described as follows |
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(bearings are based on the record information contained in the deed |
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recorded under Harris County Clerk's File (H.C.C.F.) Number |
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W130111): |
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BEGINNING at a 5/8-inch iron rod with plastic cap stamped |
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"Terra Surveying" found in the south line of a called 5.54 acre |
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tract as recorded under H.C.C.F. Number F859575 and marking the |
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northwest corner of a called 0.9469 acre tract as recorded under |
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H.C.C.F. Number W130111, being in the west line of the Pye, Martyr |
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and Fox Subdivision as recorded in Volume 1, Page 120 of the Harris |
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County Map Records (H.C.M.R.) and marking the most northerly |
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northwest corner of the herein described tract, from which a found |
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1-1/2-inch iron pipe bears South 86°24'29" West, 0.52 feet; |
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THENCE, North 86°24'29" East, along the south line of said |
|
called 5.54 acre tract and along the north line of said called |
|
0.9469 acre tract, a distance of 14.70 feet to a 5/8-inch iron rod |
|
with plastic cap stamped "Terra Surveying" found in the south |
|
right-of-way (R.O.W.) line of West Bellfort Boulevard (100-foot |
|
wide R.O.W.), marking the most westerly corner of a called 0.22725 |
|
acre tract for West Bellfort Boulevard as recorded under H.C.C.F. |
|
Numbers R065536 and S199160; |
|
THENCE, Easterly, along the arc of a curve to the left and |
|
along said south R.O.W. line of West Bellfort Boulevard, at an arc |
|
distance of 270.49 feet passing a 5/8-inch iron rod found in the |
|
northwesterly R.O.W. line of Old South Main Street (Not Open), at an |
|
arc distance of 349.51 feet passing a 5/8-inch iron rod with plastic |
|
cap stamped "Terra Surveying" found in the southeasterly R.O.W. |
|
line of said Old South Main Street and a northwesterly corner of a |
|
called 64.958 acre tract as recorded under H.C.C.F. Number W130111, |
|
at an arc distance of 392.39 feet passing a 5/8-inch iron rod found |
|
marking another corner of said called 64.958 acre tract and the |
|
northwest corner of a called 2.536 acre tract as recorded under |
|
H.C.C.F. Number W121644, at an arc distance of 773.26 feet passing a |
|
5/8-inch iron rod with plastic cap stamped "Terra Surveying" found |
|
marking the northeast corner of said called 2.536 acre tract and in |
|
the west line of a called 2.32 acre tract as recorded under H.C.C.F. |
|
Number W119371, at a distance of 1,057.47 feet passing the common |
|
line of said called 2.32 acre tract and a called 0.4666 acre tract, |
|
from which the common northerly corner of said 2.32 acres and said |
|
0.4666 acres bears North 03°00'42" West, 12.17 feet, continuing, in |
|
all, a distance of 1,104.70 feet along the arc of said curve to the |
|
left, having a radius of 2,050.00 feet, a central angle of 30°52'32" |
|
and a chord which bears North 86°39'30" East, 1,091.38 feet to a |
|
point in the south line of Lakes At 610, Section Two, a plat of |
|
subdivision recorded in Volume 315, Page 13 H.C.M.R.; |
|
THENCE, North 86°48'53" East, along the south line of said |
|
Section 2, a distance of 121.60 feet to a 1/2-inch iron rod found |
|
marking the southwest corner of the Replat of Unrestricted Reserve |
|
"E", Lakes At 610, Section Two as recorded in Volume 332, Page 137 |
|
H.C.M.R., marking the northwest corner of a called 2.018 acre tract |
|
as recorded under H.C.C.F. Number Y294667 and marking the northeast |
|
corner of Buffalo Speedway Extension, a plat of subdivision |
|
recorded at Film Code Number 613118 H.C.M.R. for an angle point; |
|
THENCE, Southerly, along the east R.O.W. line of said Buffalo |
|
Speedway Extension and along the west line of said called 2.018 acre |
|
tract, a distance of 212.68 feet along the arc of a curve to the |
|
right, having a radius of 2,050 feet, a central angle of 05°56'39" |
|
and a chord which bears South 00°13'09" East, 212.59 feet to the |
|
southwest corner of said called 2.018 acre tract and to the |
|
northwest corner of a called 4.289 acre tract as recorded under |
|
H.C.C.F. Number Z116895; |
|
THENCE, North 86°56'34" East, along the common line of said |
|
2.018 acre tract and said 4.289 acre tract, a distance of 420.52 |
|
feet to a point for the southeast corner of said called 2.018 acre |
|
tract for an angle point; |
|
THENCE, North 03°11'14" West, continuing along the common |
|
line of said 2.018 acre tract and said 4.289 acre tract, a distance |
|
of 213.24 feet to a 5/8-inch iron found in the south line of the |
|
aforesaid Replat of Unrestricted Reserve "E", Lakes At 610, Section |
|
Two, said iron rod marking the northeast corner of said 2.018 acre |
|
tract and the most northerly northwest corner of said 4.289 acre |
|
tract; |
|
THENCE, North 86°56'34" East, along the common line of said |
|
4.289 acre tract and the Replat of Unrestricted Reserve "E", at a |
|
distance of 334.31 feet passing a 5/8-inch iron rod found marking |
|
the northeast corner of said called 4.289 acre tract and the |
|
northwest corner of a called 1.0005 acre tract as recorded under |
|
H.C.C.F. Number W224269, continuing along the south line of said |
|
Replat of Unrestricted Reserve "E", a distance of 466.34 feet to the |
|
northeast corner of said 1.0005 acre tract and to the northwest |
|
corner of Bedford Falls, a plat of subdivision recorded at Film Code |
|
Number 561066 H.C.M.R. for the northeast corner of the herein |
|
described tract; |
|
THENCE, South 03°01'40" East, along the west line of Bedford |
|
Falls and along the east line of said called 1.0005 acre tract, a |
|
called 1.0094 acre tract, a called 1.0057 acre tract and a called |
|
1.0326 acre tract as recorded under H.C.C.F. Numbers W121643, |
|
W119372 and W119373, a distance of 1,329.95 feet to a 3/4-inch iron |
|
rod found in the north line of Lot 2, Block 3, Corrected Map of W.E. |
|
Armstrong Subdivision of 100 Acres as recorded in Volume 173, Page |
|
402 H.C.D.R., said iron rod marking the common southerly corner of |
|
said Bedford Falls and said 1.0326 acre tract for an angle point; |
|
THENCE, South 86°30'14" West, along the south line of said |
|
called 1.0326 acre tract and along the north line of said Corrected |
|
Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 132.00 |
|
feet to a 3/4-inch pinch top pipe found in the east line of the |
|
aforesaid called 64.958 acre tract, said iron rod marking the |
|
southwest corner of said called 1.0326 acre tract and the northwest |
|
corner of said Corrected Map of W.E. Armstrong Subdivision of 100 |
|
Acres for an angle point; |
|
THENCE, South 02°49'56" East, along the east line of said |
|
called 64.958 acre tract and along the west line of said Corrected |
|
Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 425.22 |
|
feet to a 5/8-inch iron rod with plastic cap stamped "Terra |
|
Surveying" found marking the southeast corner of said called 64.958 |
|
acre tract and the northeast corner of Lot 27, Mrs. M.B. Martyr's |
|
Subdivision of 26-2/3 Acres as recorded in Volume 1, Page 112 |
|
H.C.M.R. for an angle point; |
|
THENCE, South 02°56'01" East, along the east line of said Mrs. |
|
M.B. Martyr's Subdivision and along the west line of said Corrected |
|
Map of W.E. Armstrong Subdivision of 100 Acres, a distance of 481.43 |
|
feet to a 5/8-inch iron rod with plastic cap stamped "Terra |
|
Surveying" set marking the common east corner of Lot 20 and Lot 19 |
|
of Mrs. M.B. Martyr's Subdivision for an angle point; |
|
THENCE, South 86°51'22" West, along the common line of said |
|
Lot 20 and Lot 19, a distance of 361.74 feet to a 5/8-inch iron rod |
|
with plastic cap stamped "Terra Surveying" set in the east line of a |
|
16-foot wide Road as delineated by said Mrs. M.B. Martyr's |
|
Subdivision and marking the common west corner of Lot 20 and Lot 19 |
|
of Mrs. M.B. Martyr's Subdivision for an angle point; |
|
THENCE, North 02°54'40" West, along the west line of said Lot |
|
20 and along the east line of said 16-foot wide Road, a distance of |
|
60.15 feet to an angle point; |
|
THENCE, South 86°48'23" West, crossing said 16-foot wide Road |
|
and along the center of Lot 21 which divides the north half of Lot 21 |
|
from the south half of Lot 21 out of Mrs. M.B. Martyr's Subdivision, |
|
a distance of 378.68 feet to a 5/8-inch iron rod found in the east |
|
line of Lot 13 of the H.F. Cohen Subdivision as recorded in Volume |
|
414, Page 560 H.C.D.R. and in the west line of said Mrs. M.B. |
|
Martyr's Subdivision for an angle point; |
|
THENCE, South 02°56'14" East, along the east line of said H.F. |
|
Cohen Subdivision and along the west line of said Mrs. M.B. Martyr's |
|
Subdivision, a distance of 540.52 feet to a point for the common |
|
west corner of Lot 13 and Lot 10 of said Mrs. M.B. Martyr's |
|
Subdivision for an angle point; |
|
THENCE, North 86°54'43" East, along the common line of said |
|
Lot 13 and Lot 10, a distance of 362.44 feet to a point in the west |
|
line of the aforesaid 16-foot wide Road and to the common east |
|
corner of said Lot 13 and Lot 10 for an angle point; |
|
THENCE, South 02°54'40" East, along the east line of Lot 10, |
|
9, 6,5,2 and 1 of said Mrs. M.B. Martyr's Subdivision and along the |
|
west line of said 16-foot wide Road, a distance of 609.03 feet to a |
|
5/8-inch iron rod with plastic cap stamped "Terra Surveying" set in |
|
the northerly line of the G.H. & S.A. Railroad (100-foot wide), said |
|
iron rod marking the southeast corner of Lot 1 of said Mrs. M.B. |
|
Martyr's Subdivision for the southeasterly corner of the herein |
|
described tract; |
|
THENCE, South 69°14'45" West, parallel with and 50.00 feet |
|
northerly of the centerline of the main line of said G.H. & S.A. |
|
Railroad, at a distance of 380.40 feet passing a 5/8-inch iron rod |
|
with plastic cap stamped "Terra Surveying" set marking the |
|
southerly corner of said H.F. Cohen Subdivision and said Mrs. M.B. |
|
Martyr's Subdivision, at a distance of 899.40 feet passing a |
|
5/8-inch iron rod with plastic cap stamped "Terra Surveying" set |
|
marking the common southerly corner of said H.F. Cohen Subdivision |
|
and a called 32.750 acre tract as recorded under H.C.C.F. Numbers |
|
W888894, W888895, W888896 and W888897, at a distance of 1,667.32 |
|
feet passing a 3/4-inch iron pipe found marking the common |
|
southerly corner of said 32.750 acre tract and a called 78.8844 acre |
|
tract as recorded under H.C.C.F. Numbers X866237 and X866239, |
|
continuing, in all, a distance of 2,039.51 feet to a 3/4-inch iron |
|
pipe found marking the southeast corner of a called 4.241 acre tract |
|
as recorded under H.C.C.F. Number P622067 for an angle point; |
|
THENCE, North 03°06'21" West, along a line of said called |
|
78.8844 acre tract and along the east line of said called 4.241 acre |
|
tract, a distance of 409.00 feet to the northeast corner of said |
|
4.241 acre tract for an angle point; |
|
THENCE, South 87°09'37" West, along the north line of said |
|
called 4.241 acre tract, a distance of 116.89 feet to an angle |
|
point; |
|
THENCE, South 67°02'11" West, continuing along the north line |
|
of said called 4.241 acre tract, at a distance of 35.92 feet passing |
|
a 5/8-inch iron rod found marking the southeast corner of a called |
|
2.684 acre tract as recorded under H.C.C.F. Number Z063340, |
|
continuing, in all, a distance of 119.13 feet to a 5/8-inch iron rod |
|
found marking an angle point; |
|
THENCE, South 68°16'18" West, continuing along the north line |
|
of said called 4.241 acre tract and along the south line of said |
|
called 2.684 acre tract, a distance of 204.19 feet to a 5/8-inch |
|
iron rod found in the east line of a called 13.946 acre tract as |
|
recorded under H.C.C.F. Number Z063342, marking the southwest |
|
corner of said called 2.684 acre tract and marking the northwest |
|
corner of said called 4.241 acre tract for an angle point; |
|
THENCE, South 03°13'00" East, along the east line of said |
|
13.946 acre tract and along the west line of said called 4.241 acre |
|
tract, a distance of 438.47 feet to a 5/8-inch iron rod found in the |
|
aforesaid northerly line of the G.H. & S.A. Railroad (width |
|
varies), said iron rod marking the southwest corner of said 4.241 |
|
acre tract and the southeast corner of said called 13.946 acre tract |
|
for an angle point; |
|
THENCE, South 71°11'27" West, along the south line of said |
|
13.946 acre tract and along the northerly line of the G.H. & S.A. |
|
Railroad, a distance of 49.24 feet to a 3/4-inch iron rod found |
|
marking the southeast corner of that certain tract conveyed to the |
|
City of Houston for Willowbend Boulevard (100-foot R.O.W.) as |
|
recorded under H.C.C.F. Number D551516 for an angle point; |
|
THENCE, South 71°50'03" West, along the south line of said |
|
City of Houston tract and along the northerly line of the G.H. & |
|
S.A. Railroad, a distance of 52.36 feet to a 5/8-inch iron rod found |
|
marking an angle point; |
|
THENCE, South 73°29'13" West, along the south line of said |
|
City of Houston tract and along the northerly line of the G.H. & |
|
S.A. Railroad, a distance of 53.69 feet to a 5/8-inch iron rod with |
|
plastic cap stamped "Terra Surveying" set marking the southwest |
|
corner of said City of Houston tract and the southeast corner of a |
|
called 1.715 acre tract as recorded under H.C.C.F. Number Z063342 |
|
for an angle point; |
|
THENCE, South 73°31'49" West, along the south line of said |
|
1.715 acre tract and along the northerly line of the G.H. & S.A. |
|
Railroad, a distance of 302.97 feet to a point for the southwest |
|
corner of said 1.715 acre tract and for the southeast corner of a |
|
called 6.6173 acre tract as recorded under H.C.C.F. Numbers X866237 |
|
and X866239 for an angle point; |
|
THENCE, South 73°29'16" West, along the south line of said |
|
6.6173 acre tract and along the northerly line of the G.H. & S.A. |
|
Railroad, a distance of 403.39 feet to a 5/8-inch iron rod found |
|
marking the southwest corner of said called 6.6173 acre tract and |
|
the southeast corner of a called 19.4807 acre tract as recorded |
|
under H.C.C.F. Number P948748 for the southwest corner of the |
|
herein described tract; |
|
THENCE, North 02°56'42" West, along the common line of said |
|
6.6173 acre tract and said 19.4807 acre tract, a distance of 946.14 |
|
feet to a 5/8-inch iron rod found in the southerly R.O.W. line of |
|
Willowbend Boulevard (100-foot wide) as recorded under H.C.C.F. |
|
Numbers D578468 and D501181, said iron rod marking the northwest |
|
corner of said called 6.6173 acre tract and the northeast corner of |
|
said called 19.4807 acre tract for an angle point; |
|
THENCE, North 02°58'47" West, crossing Willowbend Boulevard, |
|
a distance of 120.22 feet to a 5/8-inch iron rod found in the |
|
northerly R.O.W. line of said Willowbend Boulevard, marking the |
|
southeast corner of Unrestricted Reserve "A" (7.9459 acres), R. |
|
Hassell Properties, a plat of subdivision recorded at Film Code |
|
Number 531140 H.C.M.R. and the southwesterly corner of the |
|
aforesaid called 78.8844 acre tract for an angle point; |
|
THENCE, North 02°58'17" West, along the east line of said |
|
Unrestricted Reserve "A" and along the west line of said 78.8844 |
|
acre tract, a distance of 1,468.17 feet to a point for the northeast |
|
corner of said Unrestricted Reserve "A" and the northwest corner of |
|
said called 78.8844 acre tract for the most westerly northwest |
|
corner of the herein described tract; |
|
THENCE, North 45°48'01" East, along the north line of said |
|
78.8844 acre tract, a distance of 689.16 feet to a 5/8-inch iron rod |
|
found marking an angle point; |
|
THENCE, North 45°50'45" East, along the north line of said |
|
78.8844 acre tract, a distance of 1,447.21 feet to a point in the |
|
centerline of the aforesaid Old South Main Street (Not Open), and in |
|
west line of the aforesaid Pye, Martyr and Fox Subdivision for an |
|
angle point; |
|
THENCE, North 02°28'55" West, along the west line of said Pye, |
|
Martyr and Fox Subdivision, a distance of 41.97 feet to a 6-inch by |
|
6-inch concrete monument found flush with the ground, in the |
|
northwesterly R.O.W. line of Old South Main Street and marking the |
|
southeast corner of a called 19.3266 acre tract as recorded under |
|
H.C.C.F. Number T152334 and marking the southwesterly corner of the |
|
aforesaid called 0.9469 acre tract for an angle point; |
|
THENCE, North 03°05'39" West, along the west line of said Pye, |
|
Martyr and Fox Subdivision, along the west line of said called |
|
0.9469 acre tract and along the east line of said called 19.3266 |
|
acre tract, a distance of 297.83 feet to the POINT OF BEGINNING and |
|
containing 254.065 gross acres of land. Save and Except 2.998 acres |
|
of land, being Lots 10, 11 and 15 of the Cohen Subdivision recorded |
|
in Volume 414, Page 560 Harris County Deed Records for a 251.067 net |
|
acre tract. |
|
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. |