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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. 18; 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 3879 to read as follows: |
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CHAPTER 3879. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 18 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3879.001. 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. 18. |
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Sec. 3879.002. NATURE OF DISTRICT. The Harris County |
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Improvement District No. 18 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3879.003. 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 Harris County from providing the level of |
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services provided, as of the effective date of the Act creating this |
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chapter, to the area in the district. The district is created to |
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supplement and not to supplant the county services provided in the |
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area in the district. |
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Sec. 3879.004. 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, employees, potential 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. 3879.005. 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 boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3879.006. 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. 3879.007. 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. 3879.008. 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 3879.009-3879.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3879.051. GOVERNING BODY; TERMS. (a) 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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(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. 3879.052. APPOINTMENT OF DIRECTORS. The Texas |
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Commission on Environmental Quality shall appoint voting directors |
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from persons recommended by the board. |
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Sec. 3879.053. 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 Robert DeForest |
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2 Burdette Keeland |
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3 Bobby Deden |
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4 Dwayne Mason |
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5 John Murphy |
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(b) Of the initial directors, the terms of directors |
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appointed for positions 1 through 3 expire June 1, 2011, and the |
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terms of directors appointed for positions 4 and 5 expire June 1, |
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2013. |
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(c) Section 3879.052 does not apply to this section. |
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(d) This section expires September 1, 2014. |
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Sec. 3879.054. 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. 3879.055. 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. 3879.056. 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 3879.057-3879.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3879.101. 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. 3879.102. 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. 3879.103. 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. 3879.104. 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. 3879.105. 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. 3879.106. 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) 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. 3879.107. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership with the City of Houston as provided by Section |
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43.0751, Local Government Code. |
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Sec. 3879.108. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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Sec. 3879.109. USE OF CONDUITS. (a) The district may |
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finance, acquire, construct, improve, operate, maintain, or charge |
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a fee for the use of district conduits for: |
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(1) fiber-optic cable; |
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(2) electronic transmission lines; or |
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(3) other types of transmission lines and supporting |
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facilities. |
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(b) The district may not require a person to use a district |
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conduit. |
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Sec. 3879.110. 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 3879.111-3879.150 reserved for expansion] |
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SUBCHAPTER D. PUBLIC PARKING FACILITIES |
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Sec. 3879.151. 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 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. 3879.152. RULES. The district may adopt rules |
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governing the district's public parking facilities. |
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Sec. 3879.153. FINANCING OF PUBLIC PARKING FACILITIES. (a) |
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The 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 district's public 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 parking facilities. |
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[Sections 3879.154-3879.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 3879.201. 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. 3879.202. 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. 3879.203. 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. 3879.204. 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. 3879.205. 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. 3879.206. 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. 3879.207. 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 required payment for a service provided by the |
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district, including water and sewer service. |
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Sec. 3879.208. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 3879.212, |
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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. 3879.209. 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. 3879.210. 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, sales |
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and use taxes, assessments, impact fees, revenue, contract |
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payments, grants, or other district money, or any combination of |
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those sources of money, 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. 3879.211. 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. 3879.212. 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 3879.209. |
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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 sales and use tax or issue bonds payable from ad valorem |
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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. 3879.213. 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. 3879.214. 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 3879.215-3879.250 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. 3879.251. 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. 3879.252. 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 3879.251, the board must call and hold an election as |
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provided by Section 3879.212 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. 3879.253. 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. 3879.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREA OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described in Section 3879.253, |
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the district may apply separately, differently, equitably, and |
|
specifically its taxing power and lien authority to the defined |
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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. |
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Sec. 3879.255. 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 3879.253 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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[Sections 3879.256-3879.300 reserved for expansion] |
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SUBCHAPTER G. SALES AND USE TAX |
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Sec. 3879.301. MEANINGS OF WORDS AND PHRASES. Words and |
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phrases used in this subchapter that are defined by Chapters 151 and |
|
321, Tax Code, have the meanings assigned by Chapters 151 and 321, |
|
Tax Code. |
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Sec. 3879.302. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) Except as otherwise provided by this subchapter, |
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Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code, |
|
apply to taxes imposed under this subchapter and to the |
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administration and enforcement of those taxes in the same manner |
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that those laws apply to state taxes. |
|
(b) Chapter 321, Tax Code, relating to municipal sales and |
|
use taxes, applies to the application, collection, change, and |
|
administration of a sales and use tax imposed under this subchapter |
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to the extent consistent with this chapter, as if references in |
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Chapter 321, Tax Code, to a municipality referred to the district |
|
and references to a governing body referred to the board. |
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(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404, |
|
321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not |
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apply to a tax imposed under this subchapter. |
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Sec. 3879.303. AUTHORIZATION; ELECTION. (a) The district |
|
may adopt a sales and use tax to serve the purposes of the district |
|
after an election in which a majority of the voters of the district |
|
voting in the election authorize the adoption of the tax. |
|
(b) The board by order may call an election to authorize a |
|
sales and use tax. The election may be held with any other district |
|
election. |
|
(c) The district shall provide notice of the election and |
|
shall hold the election in the manner prescribed by Section |
|
3879.212. |
|
(d) The ballots shall be printed to provide for voting for |
|
or against the proposition: "Authorization of a sales and use tax |
|
in the Harris County Improvement District No. 18 at a rate not to |
|
exceed _____ percent." |
|
Sec. 3879.304. ABOLISHING SALES AND USE TAX. (a) Except as |
|
provided by Subsection (b), the board may abolish the sales and use |
|
tax without an election. |
|
(b) The board may not abolish the sales and use tax if the |
|
district has outstanding debt secured by the tax. |
|
Sec. 3879.305. SALES AND USE TAX RATE. (a) On adoption of |
|
the tax authorized by this subchapter, there is imposed a tax on the |
|
receipts from the sale at retail of taxable items within the |
|
district, and an excise tax on the use, storage, or other |
|
consumption within the district of taxable items purchased, leased, |
|
or rented from a retailer within the district during the period that |
|
the tax is in effect. |
|
(b) The board shall determine the rate of the tax, which may |
|
be in one-eighth of one percent increments not to exceed the maximum |
|
rate authorized by the district voters at the election. The board |
|
may lower the tax rate to the extent it does not impair any |
|
outstanding debt or obligations payable from the tax. |
|
(c) The rate of the excise tax is the same as the rate of the |
|
sales tax portion of the tax and is applied to the sales price of the |
|
taxable item. |
|
[Sections 3879.306-3879.350 reserved for expansion] |
|
SUBCHAPTER H. HOTEL OCCUPANCY TAXES |
|
Sec. 3879.351. HOTEL OCCUPANCY TAX. (a) In this section, |
|
"hotel" has the meaning assigned by Section 156.001, Tax Code. |
|
(b) For purposes of this section, a reference in Chapter |
|
351, Tax Code, to a municipality is a reference to the district and |
|
a reference in Chapter 351, Tax Code, to the municipality's |
|
officers or governing body is a reference to the board. |
|
(c) Except as otherwise provided by this section, |
|
Subchapter A, Chapter 351, Tax Code, governs a hotel occupancy tax |
|
authorized by this section, including the collection of the tax. |
|
(d) The district may impose a hotel occupancy tax and may |
|
use revenue from the tax for any district purpose that is an |
|
authorized use of hotel occupancy tax revenue under Chapter 351, |
|
Tax Code. |
|
(e) The board by order may impose, repeal, increase, or |
|
decrease the rate of a tax on a person who, under a lease, |
|
concession, permit, right of access, license, contract, or |
|
agreement, pays for the use or possession or for the right to the |
|
use or possession of a room that: |
|
(1) is in a hotel located in the district's boundaries; |
|
(2) costs $2 or more each day; and |
|
(3) is ordinarily used for sleeping. |
|
(f) The amount of the tax may not exceed seven percent of the |
|
price paid for a room in a hotel. |
|
(g) The district may examine and receive information |
|
related to the imposition of hotel occupancy taxes to the same |
|
extent as if the district were a municipality. |
|
[Sections 3879.352-3879.400 reserved for expansion] |
|
SUBCHAPTER I. MUNICIPAL ANNEXATION AND DISSOLUTION |
|
Sec. 3879.401. MUNICIPAL ANNEXATION; DISSOLUTION. (a) |
|
Section 43.071, Local Government Code, applies to the district, and |
|
the district is a "water or sewer district" for purposes of that |
|
section. |
|
(b) Section 43.075, Local Government Code, applies to the |
|
district. |
|
(c) Section 375.264, Local Government Code, does not apply |
|
to the dissolution of the district by a municipality. |
|
SECTION 2. The Harris County Improvement District No. 18 |
|
initially includes all territory contained in the following area: |
|
TRACT 1 of 3: |
|
Being a tract or parcel containing 69.9705 acres of land |
|
situated in the F. Limsky Survey, Abstract Number 512, Harris |
|
County, Texas, and being all of the called 69.9297 acre tract as |
|
described in the deed to Chrymirene Properties Company, Inc., and |
|
Springwoods Realty Company recorded under Harris County Clerk's |
|
File Number T146401; said 69.9705 acre tract being more |
|
particularly described by metes and bounds as follows (all bearings |
|
stated herein are based on the Texas State Plane Coordinate System, |
|
South Central Zone, NAD 29 (19683 adjustment) as depicted on the |
|
Texas Department of Transportation Right-of-Way map for Interstate |
|
Highway 45, Account Number 9012-7-30, CSJ 0110-05-068): |
|
BEGINNING at a 3/4-inch iron rod found in the south |
|
right-of-way line of the Missouri Pacific Railroad (100 feet wide), |
|
as described in the deed recorded in Volume 139, Page 452, of the |
|
Harris County Deed Records, marking the northwest corner of said |
|
called 69.9297 acre tract common with the northeast corner of the |
|
called 15.00 acre tract as described in the deed recorded under |
|
Harris County Clerk's File Number D798332; |
|
THENCE, South 80°57'24" East, along said south right-of-way |
|
line, a distance of 1,762.44 feet to a 5/8-inch iron rod found |
|
marking the northwest corner of the called 10.445 acre tract as |
|
described in the deed recorded under Harris County Clerk's File |
|
Number F394301; |
|
THENCE, South 02°49'28" East, along the west line of said |
|
called 10.445 acre tract, a distance of 1,630.01 feet to a 5/8-inch |
|
iron rod with plastic cap stamped "TERRA SURVEYING" set in the north |
|
right-of-way line of Spring Stuebner Road (60 feet wide); |
|
THENCE, South 86°54'21" West, along said north right-of-way |
|
line, a distance of 1,498.48 feet to a 5/8-inch iron rod found |
|
marking the southeast corner aforesaid called 15.00 acre tract; |
|
THENCE, North 02°53'31" West, along the east line of said |
|
called 15.00 acre tract, a distance of 360.27 feet to a 5/8-inch |
|
iron rod found marking an angle corner of said called 15.00 acre |
|
tract; |
|
THENCE, South 86°54'45" West, along the east line of said |
|
called 15.00 acre tract, a distance of 223.95 feet to a 5/8-inch |
|
iron rod found marking an angle corner of said called 15.00 acre |
|
tract; |
|
THENCE, North 2°53'31" West, along the east line of said |
|
called 15.00 acre tract, a distance of 1,640.27 feet to the POINT OF |
|
BEGINNING 69.9705 acres of land. This description is based on the |
|
plat of the ALTA/ACSM Land Title Survey prepared by Terra Surveying |
|
Company, Inc., dated July 19, 2006, TSC Project Number |
|
0106-0301-A01. |
|
TRACT 2 of 3: |
|
Being a tract or parcel containing 83.0841 acres of land |
|
situated in the F. Limsky Survey, Abstract Number 512, Harris |
|
County, Texas, and being all of the called 82.8694 acre tract as |
|
described in the deed to Chrymirene Properties Company, Inc., and |
|
Springwoods Realty Company recorded under Harris County Clerk's |
|
File Number T146401; said 83.0841 acre tract being more |
|
particularly described by metes and bounds as follows (all bearings |
|
stated herein are based on the Texas State Plane Coordinate System, |
|
South Central Zone, NAD 29 (19683 adjustment) as depicted on the |
|
Texas Department of Transportation Right-of-Way map for Interstate |
|
Highway 45, Account Number 9012-7-30, CSJ 0110-05-068): |
|
BEGINNING at a 5/8-inch iron rod found in the south |
|
right-of-way line of the Missouri Pacific Railroad (100 feet wide), |
|
as described in the deed recorded in Volume 139, Page 452, of the |
|
Harris County Deed Records, marking the northeast corner of said |
|
called 82.8694 acre tract common with the northwest corner of the |
|
called 4.1807 acre tract as described in the deed recorded under |
|
Harris County Clerk's File Number H058736; |
|
THENCE, South 02°15'54" East, along the west line of said |
|
called 4.1807 acre tract, a distance of 507.13 feet to a 5/8-inch |
|
iron rod with plastic cap stamped "TERRA SURVEYING" set in the north |
|
right-of-way line of Spring Stuebner Road (60 feet wide) marking |
|
the southeast corner of the herein described tract; |
|
THENCE, South 86°54'21" West, along said north right-of-way |
|
line, a distance of 3,901.63 feet to a 5/8-inch iron rod found |
|
marking the southeast corner of the called 9.4671 acre tract as |
|
described in the deed recorded under Harris County Clerk's File |
|
Number F773219; |
|
THENCE, North 02°49'28" West, along the east line of said |
|
called 9.4671 acre tract, a distance of 1,346.43 feet to a 5/8-inch |
|
iron rod with plastic cap stamped "TERRA SURVEYING" set in the |
|
aforesaid south right-of-way line of the Missouri Pacific Railroad |
|
marking the north west corner of the herein described tract; |
|
THENCE, South 80°57'24" East, along said south right-of-way |
|
line a distance of 3,991.87 feet to the POINT OF BEGINNING 83.0841 |
|
acres of land. This description is based on the plat of the |
|
ALTA/ACSM Land Title Survey prepared by Terra Surveying Company, |
|
Inc., dated July 19, 2006, TSC Project Number 0106-0301-A01. |
|
TRACT 3 of 3: |
|
Being a tract or parcel containing 1,421.1124 acres of land |
|
situated in the F. Limsky Survey, Abstract Number 512, Richard |
|
Beach Survey, Abstract Number 137, and the James Moore Survey, |
|
Abstract Number 583, all in Harris County, Texas, and being all of |
|
the called 1,408.0939 acre tract as described in the deed to |
|
Chrymirene Properties Company, Inc., and Springwoods Realty |
|
Company recorded under Harris County Clerk's File Number T146401, |
|
and all of the called 1.4856 acre tract as described in the deed to |
|
Springwoods Realty Corporation recorded under Harris County |
|
Clerk's File Number T785884; said 1,421.1124 acre tract being more |
|
particularly described by metes and bounds as follows (all bearings |
|
stated herein are based on the Texas State Plane Coordinate System, |
|
South Central Zone, NAD 29 (19683 adjustment) as depicted on the |
|
Texas Department of Transportation Right-of-Way map for Interstate |
|
Highway 45, Account Number 9012-7-30, CSJ 0110-05-068): |
|
BEGINNING at an axle found in the north right-of-way line of |
|
the Missouri Pacific Railroad (100 feet wide), as described in the |
|
deed recorded in Volume 139, Page 452, of the Harris County Deed |
|
Records, marking the southeast corner of said called 1,408.0939 |
|
acre tract common with the southwest corner of the called 6.00 acre |
|
tract as described in the deed recorded under Harris County Clerk's |
|
File Number U173578; |
|
THENCE, North 80°57'24" West, along said north right-of-way |
|
line, a distance of 7,926.68 feet to a 5/8-inch iron rod found |
|
marking the southeast corner of the called 140.1685 acre tract as |
|
described in the deed recorded under Harris County Clerk's File |
|
Number R984278 common with the southwest corner of the herein |
|
described tract; |
|
THENCE, North 02°26'47" West, along the east line of said |
|
called 140.1685 acre tract, a distance of 5,748.58 feet to the |
|
northwest corner of the herein described tract in the centerline of |
|
Spring Creek; |
|
THENCE, along the centerline of Spring Creek as meandered in |
|
July of 2006 the following Forty-Eight (48) courses and distances; |
|
North 31°22'36" East, a distance of 142.45 feet; |
|
North 49°35'22" East, a distance of 116.57 feet; |
|
South 89°00'36" East, a distance of 292.35 feet; |
|
South 58°27'00" East, a distance of 85.79 feet; |
|
North 80°56'30" East, a distance of 164.19 feet; |
|
North 61°57'17" East, a distance of 269.77 feet; |
|
South 63°15'16" East, a distance of 349.48 feet; |
|
South 80°26'06" East, a distance of 208.37 feet; |
|
South 40°36'00" East, a distance of 274.54 feet; |
|
South 84°38'53" East, a distance of 113.03 feet; |
|
North 50°47'47" East, a distance of 543.35 feet; |
|
South 80°14'02" East, a distance of 212.53 feet; |
|
South 45°39'14" East, a distance of 195.16 feet; |
|
South 24°16'46" East, a distance of 186.29 feet; |
|
North 87°16'43" East, a distance of 92.63 feet; |
|
North 67°47'36" East, a distance of 416.14 feet; |
|
North 26°29'19" East, a distance of 95.14 feet; |
|
North 9°45'41" West, a distance of 542.50 feet; |
|
North 52°46'48" East, a distance of 192.95 feet; |
|
South 84°36'09" East, a distance of 200.78 feet; |
|
North 39°09'55" East, a distance of 131.98 feet; |
|
North 13°59'12" East, a distance of 488.80 feet; |
|
North 55°54'31" East, a distance of 252.47 feet; |
|
North 71°50'16" East, a distance of 496.79 feet; |
|
North 45°34'12" East, a distance of 107.58 feet; |
|
North 81°30'41" East, a distance of 83.70 feet; |
|
South 75°38'22" East, a distance of 94.27 feet; |
|
South 58°03'06" East, a distance of 147.30 feet; |
|
South 76°45'02" East, a distance of 382.50 feet; |
|
North 48°06'00" East, a distance of 238.60 feet; |
|
North 22°25'42" East, a distance of 198.43 feet; |
|
North 59°54'16" East, a distance of 84.46 feet; |
|
North 72°24'48" East, a distance of 208.16 feet; |
|
South 84°43'33" East, a distance of 357.51 feet; |
|
North 72°30'04" East, a distance of 117.17 feet; |
|
South 87°26'11" East, a distance of 212.90 feet; |
|
South 69°13'23" East, a distance of 345.53 feet; |
|
South 29°06'11" East, a distance of 101.86 feet; |
|
North 89°54'32" East, a distance of 176.49 feet; |
|
North 59°26'57" East, a distance of 423.79 feet; |
|
North 66°31'27" East, a distance of 168.10 feet; |
|
South 83°32'01" East, a distance of 222.63 feet; |
|
North 84°20'46" East, a distance of 74.88 feet; |
|
North 54°40'19" East, a distance of 77.43 feet; |
|
North 41°03'04" East, a distance of 231.87 feet; |
|
North 71°35'52" East, a distance of 144.34 feet; |
|
South 81°33'16" East, a distance of 91.64 feet; |
|
South 66°42'36" East, a distance of 117.37 feet to the |
|
intersection of said centerline and the west right-of-way |
|
line of Interstate Highway 45 (width varies); |
|
THENCE, along said west right-of-way line the following |
|
Sixteen (16) courses and distances |
|
South 03°11'31" East (called South 04°11'25" East), a |
|
distance of 366.12 feet to a 5/8-inch iron rod with plastic |
|
cap stamped "TERRA SURVEYING" set; |
|
South 03°25'46" East (called South 04°11'25" East), a |
|
distance of 154.92 feet to a found Texas Department of |
|
Transportation monument; |
|
South 03°01'28" East (called South 04°11'25" East), a |
|
distance of 40.53 feet to a found Texas Department of |
|
Transportation from which a found 2-inch iron pipe bears |
|
North 47°09' East, 0.92 feet; |
|
North 86°37'31" East (called North 86°45'55" East), a |
|
distance of 150.29 feet to a found Texas Department of |
|
Transportation monument from which a found 5/8-inch iron rod |
|
bears North 43°10' East, 1.35 feet; |
|
South 10°15'13" East (called South 10°22'11" East), a |
|
distance of 647.19 feet (called 649.81 feet) to a 5/8-inch |
|
iron rod with plastic cap stamped "TERRA SURVEYING" set from |
|
which a 5/8-inch iron rod found disturbed bears South |
|
07°57'24" East, 3.67 feet; |
|
South 04°53'28" East (called South 04°51'18" East), a |
|
distance of 303.83 feet (called 300.13 feet) to a found |
|
5/8-inch iron rod; |
|
South 07°28'17" East, a distance of 99.95 feet to a found |
|
5/8-inch iron rod; |
|
South 39°41'01" West, a distance of 57.06 feet to a set |
|
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING"; |
|
South 87°20'13" West, a distance of 10.00 feet to a found |
|
Texas Department of Transportation monument; |
|
South 02°39'47" East, a distance of 80.00 feet to a set |
|
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING"; |
|
North 87°20'13" East, a distance of 10.00 feet to a set |
|
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING"; |
|
South 46°26'42" East, a distance of 77.96 feet to a set |
|
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING"; |
|
South 04°58'48" East, a distance of 208.76 to a found |
|
Texas Department of Transportation monument; |
|
South 07°10'22" East, a distance of 485.85 feet to a set |
|
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING"; |
|
South 05°23'54" East, a distance of 206.08 feet set |
|
5/8-inch iron rod with plastic cap stamped "TERRA SURVEYING"; |
|
South 03°02'04" East, a distance of 377.43 feet to a |
|
5/8-inch iron rod found marking the northeast corner of the |
|
called 10 acre tract as described in the deed recorded in |
|
Volume 1048, Page 67, of the Harris County Deed Records; |
|
THENCE, South 88°19'48" West, along the north line of said |
|
called 10 acre tract, a distance of 764.64 feet (called 763.69 feet) |
|
to a 1/2-inch iron pipe found marking the northwest corner of said |
|
called 10.0 acre tract; |
|
THENCE, South 02°14'16" East, along the west line of said |
|
called 10 acre tract, a distance of 426.96 feet to a 5/8-inch iron |
|
rod with plastic cap stamped "TERRA SURVEYING" set marking an |
|
interior corner of the herein described tract; |
|
THENCE, North 87°52'57" East, along the south line of said |
|
called 10 acre tract, a distance of 770.46 feet (called 771.28 feet) |
|
to a 5/8-inch iron rod found in the aforesaid west right-of-way line |
|
of Interstate Highway 45 marking the southeast corner of said |
|
called 10 acre tract; |
|
THENCE, South 03°02'04" East, along said west right-of-way |
|
line, a distance of 739.59 feet to a 5/8-inch iron rod with plastic |
|
cap stamped "TERRA SURVEYING" set marking the Point of Curvature of |
|
a curve to the left; |
|
THENCE, continuing along said west right-of-way line, along |
|
said curve to the left having a central angle of 00°02'17", an arc |
|
distance of 15.34 feet, a radius of 23,099.81 feet, and a chord |
|
which bears South 03°03'11" East, a distance of 15.34 feet to a |
|
5/8-inch iron rod found marking the northeast corner of the called |
|
6.64 acre tract as described in the deed recorded in Volume 2247, |
|
Page 590, of the Harris County Deed Records; |
|
THENCE, South 87°50'13" West (called South 87°45'44" West), |
|
along the north line of said called 6.64 acre tract, a distance of |
|
779.22 feet (called 779.49 feet) to a 5/8-inch iron rod found |
|
marking the northwest corner of said called 6.64 acre tract; |
|
THENCE, South 02°12'23" East (called South 02°34'59" East), |
|
along the east line of said called 6.64 acre tract, a distance of |
|
299.10 feet (called 299.26 feet) to a 1/2-inch iron pipe found |
|
marking the northeast corner of the called 1.701 acre tract as |
|
described in the deed recorded under Harris County Clerk's File |
|
Number T934409; |
|
THENCE, South 02°16'10" East (called South 02°14'48" East), |
|
along the west line of said called 1.701 acre tract and then along |
|
the west line the called 1.701 acre tract as described in the deed |
|
recorded under Harris County Clerk's File Number T934408, a |
|
distance of 550.83 feet to a 5/8-inch iron rod found marking the |
|
southwest corner of said called 1.701 acre tract; |
|
THENCE, North 86°17'22" East, along the south line of said |
|
called 1.701 acre tract, a distance of 601.99 feet to a 5/8-inch |
|
iron rod found marking the southeast corner of said called 1.701 |
|
acre tract; |
|
THENCE, North 03°22'36" West, along the east line of said |
|
called 1.701 acre tract, a distance of 550.67 feet (called 550.47 |
|
feet) to a 1/2-inch iron rod found in the south line of the |
|
aforesaid called 6.64 acre tract; |
|
THENCE, North 86°11'48" East (called North 86°15'38" East), |
|
along said south line, a distance of 194.02 feet (called 155.50 |
|
feet) to a Texas Department of Transportation monument found |
|
marking a point on a curve to the left in the aforesaid west |
|
right-of-way line of Interstate Highway 45; |
|
THENCE, along said west right-of-way line and said curve to |
|
the left having a central angle of 00°02'13", an arc distance of |
|
14.88 feet, a radius of 23,099.81 feet, and a chord which bears |
|
South 03°46'46" East, a distance of 14.88 feet to a 5/8-inch iron rod |
|
with plastic cap stamped "TERRA SURVEYING" set marking the end of |
|
said curve; |
|
THENCE, South 00°07'56" West, continuing along said west |
|
right-of-way line, a distance of 53.41 feet to a 5/8-inch iron rod |
|
with plastic cap stamped "TERRA SURVEYING" set marking an angle |
|
corner of the herein described tract; |
|
THENCE, South 00°20'00" West (called South 03°27'08" East), |
|
along the west line of the called 1.590 acre tract as described in |
|
the deed recorded in Volume 3274, Page 338, of the Harris County |
|
Deed Records, a distance of 642.96 feet to a 5/8-inch iron rod with |
|
plastic cap stamped "TERRA SURVEYING" set marking an angle corner |
|
of the herein described tract; |
|
THENCE, South 03°18'44" East (called South 03°27'08" East), |
|
along the west lines of those certain tracts recorded under Harris |
|
County Clerk's File Numbers F754657, T406580, U406352, and J617466, |
|
a distance of 469.29 feet to a 5/8-inch iron rod with plastic cap |
|
stamped "TERRA SURVEYING" set marking an angle corner of the herein |
|
described tract; |
|
THENCE, South 02°56'18" East (called South 03°27'08" East), |
|
along the west line of the called 0.325 acre tract as described in |
|
the deed recorded under Harris County Clerk's File Number R872066 |
|
and then along the west line of the called 0.729 acre tract as |
|
described in the deed recorded under Harris County Clerk's File |
|
Number M665530, a distance of 234.23 feet to a 1/2-inch iron pipe |
|
found marking the southeast corner of said called 0.729 acre tract; |
|
THENCE, North 86°45'29" East, along the south line of said |
|
called 0.729 acre tract, a distance of 82.21 feet to a 5/8-inch iron |
|
rod with plastic cap stamped "TERRA SURVEYING" set in the aforesaid |
|
west right-of-way line of Interstate Highway 45; |
|
THENCE, South 05°01'46" East, along said west right-of-way |
|
line, a distance of 705.37 feet to a Texas Department of |
|
Transportation monument found in the north line of the called |
|
1.6920 acre tract as described in the deed recorded under Harris |
|
County Clerk's File Number F261338; |
|
THENCE, South 87°29'17" West, along said north line, distance |
|
of 102.64 feet to a 5/8-inch iron rod with plastic cap stamped |
|
"TERRA SURVEYING" set marking an angle corner of the herein |
|
described tract; |
|
THENCE, South 05°50'04" East (called South 03°27'08" East), |
|
along the west line of said called 1.6920 acre tract, a distance of |
|
273.84 feet to 5/8-inch iron rod found marking the southeast corner |
|
of the called 12.939 acre tract as described in the deed recorded |
|
under Harris County Clerk's File Number U776662; |
|
THENCE, South 86°17'01" West (called South 86°12'32" West), |
|
along a north line of said called 12.939 acre tract, a distance of |
|
155.34 feet (called 155.56 feet) to an angle iron found in the east |
|
line of the called 3.1232 acre tract; |
|
THENCE, North 03°45'59" West (called North 03°47'28" West), |
|
along said east line, a distance of 206.96 feet (called 207.15 feet) |
|
to a 1/2-inch iron rod found marking the southeast corner of said |
|
called 3.1232 acre tract; |
|
THENCE, South 87°16'46" West (called South 87°15'28" West), |
|
along the north line of said called 3.1232 acre tract and then along |
|
the north line of the aforesaid called 12.939 acre tract, a distance |
|
of 635.71 feet (called 635.50 feet) to a 1/2-inch iron rod found |
|
marking the northwest corner of said called 12.939 acre tract; |
|
THENCE, South 02°14'41" East (called South 02°15'34" East), |
|
along the west line of said called 12.939 acre tract, a distance of |
|
809.36 feet (called 810.15 feet) to an axle found marking the |
|
southwest corner of said called 12.939 acre tract; |
|
THENCE, South 02°13'55" East, along the west line of the |
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aforesaid called 6.00 acre tract, a distance of 1,708.71 feet to the |
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POINT OF BEGINNING 1421.1124 acres of land. This description is |
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based on the plat of the ALTA/ACSM Land Title Survey prepared by |
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Terra Surveying Company, Inc., dated July 19, 2006, TSC Project |
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Number 0106-0301-A01. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) The general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with. |
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(e) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |