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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. 15; 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 3883 to read as follows: |
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CHAPTER 3883. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 15 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3883.001. 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. 15. |
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Sec. 3883.002. NATURE OF DISTRICT. The Harris County |
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Improvement District No. 15 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3883.003. 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 enacting 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. 3883.004. 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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(4) provide for water, wastewater, drainage, road, |
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and recreational facilities for the district; and |
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(5) provide for canals, waterways, bulkheads, docks, |
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and other similar improvements or 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. 3883.005. 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. 3883.006. 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. 3883.007. 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. 3883.008. 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 3883.009-3883.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3883.051. 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. 3883.052. 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. 3883.053. 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 Dan Arnold |
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2 Kirk Pfeffer |
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3 David Dacote |
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4 Jim Casey |
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5 Steve Alvis |
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6 Gregory D. Compean |
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7 Ramon Garza |
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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 3883.052 does not apply to this section. |
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Sec. 3883.054. 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. 3883.055. 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. 3883.056. 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 3883.057-3883.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3883.101. MARITIME IMPROVEMENT AND OPERATIONS POWERS. |
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(a) In this section, "port authority" means the Port of Houston |
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Authority of Harris County, Texas. |
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(b) Except as provided by this section, the district may |
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purchase, construct, acquire, own, operate, maintain, improve, or |
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extend, inside and outside the district, canals, waterways, |
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bulkheads, docks, and any other improvements or facilities |
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necessary or convenient to accomplish the navigation purposes of |
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the district authorized by Section 59, Article XVI, Texas |
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Constitution. |
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(c) The district may not exercise its powers in, over, |
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under, or across any lands or submerged lands of the port authority, |
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as conveyed by the State of Texas to the Harris County Houston Ship |
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Channel Navigation District by Chapter 292, Acts of the 40th |
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Legislature, Regular Session, 1927. |
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(d) The design, construction, operation, and maintenance of |
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any improvements or facilities related to navigation of the area |
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commonly known as the Houston Ship Channel or its tributaries, as |
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described in Section 1, Chapter 97, Acts of the 40th Legislature, |
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1st Called Session, 1927, by the district, any owner of land in the |
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district, or any other person acting by, through, or on behalf of |
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the district or a person who owns land in the district, whether by |
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permission, agency, agreement, lease, easement, license, or |
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otherwise, must comply with the applicable rules, regulations, |
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bylaws, and similar legislative or regulatory acts or policies of |
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the port authority. |
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(e) Each rule, bylaw, or similar legislative or regulatory |
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act or policy of the district is subject to any applicable rule, |
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bylaw, or similar legislative or regulatory act or policy of the |
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port authority. In case of any conflict or inconsistency, the port |
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authority's rules, bylaws, or similar legislative or regulatory |
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acts or policies control over the rules, bylaws, or similar |
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legislative or regulatory acts or policies of the district. |
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(f) The rights, powers, privileges, and authority this |
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chapter confers on the district do not supersede or diminish the |
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rights, powers, privileges, and authority of the port authority, |
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the United States Army Corps of Engineers, or any other state or |
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federal agency. |
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Sec. 3883.102. 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 section. |
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Sec. 3883.103. 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. 3883.104. 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. 3883.105. 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. 3883.106. 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. 3883.107. 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. 3883.108. 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 pursuant to Section 43.0751, |
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Local Government Code. |
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Sec. 3883.109. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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Sec. 3883.110. 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 3883.111-3883.150 reserved for expansion] |
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SUBCHAPTER D. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES |
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Sec. 3883.151. 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. 3883.152. 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. 3883.153. RULES. The district may adopt rules |
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governing the district's public parking facilities. |
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Sec. 3883.154. FINANCING OF PUBLIC TRANSIT SYSTEM OR |
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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 parking |
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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 parking facilities. |
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[Sections 3883.155-3883.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 3883.201. 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. 3883.202. 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. 3883.203. 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. 3883.204. 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 mailing notice. |
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Sec. 3883.205. 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. 3883.206. 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. 3883.207. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 3883.211, |
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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. 3883.208. 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. 3883.209. 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 set forth in Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3883.210. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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while all or part of the bonds are outstanding as required and in |
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the manner provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 3883.211. 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 3883.208. |
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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 |
|
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 which |
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may be acquired by a district by the issuance of its bonds may be |
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included in one single proposition to be voted on at the election or |
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the bonds may be submitted in several propositions. |
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Sec. 3883.212. 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. 3883.213. 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 3883.214-3883.250 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. 3883.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
|
certain property of the district to pay for improvements, |
|
facilities, or services that primarily benefit that area or |
|
property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 3883.252. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
|
valorem taxes of the area defined or property designated under |
|
Section 3883.251, the board must call and hold an election as |
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provided by Section 3883.211 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. 3883.253. 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 |
|
abuse of discretion. |
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Sec. 3883.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
|
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
|
approval and adoption of the order described in Section 3883.253, |
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the district may apply separately, differently, equitably, and |
|
specifically its taxing power and lien authority to the defined |
|
area or designated property to provide money to construct, |
|
administer, maintain, and operate services, improvements, and |
|
facilities that primarily benefit the defined area or designated |
|
property. |
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Sec. 3883.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES |
|
FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under |
|
Section 3883.253 is adopted, the district may issue bonds to |
|
provide for any land, improvements, facilities, plants, equipment, |
|
and appliances for the defined area or designated property. |
|
[Sections 3883.256-3883.300 reserved for expansion] |
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SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION |
|
Sec. 3883.301. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The |
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district is a "water or sewer district" under Section 43.071, Local |
|
Government Code. |
|
(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. Harris County Improvement District No. 15 |
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initially includes all territory contained in the following area: |
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TRACT 1: |
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Being a tract of land containing 384.667 acres, located in |
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the Richard and Robert Vince Survey, Abstract-76 in Harris County, |
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Texas; said 384.667 acres being all of a called 384.581 acre tract |
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described in the Special Warranty Deed with Vendor's Lien, recorded |
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in the name Port At Greens Bayou, Ltd., in Harris County Clerk's |
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File Number (H.C.C.F. No.) Z264553; said 384.667 acre tract being |
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more particularly described by metes and bounds as follows (all |
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bearings are based on the Texas State Plane Coordinate System, |
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South Central Zone (NAD27), per said H.C.C.F. No. Z264553): |
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Beginning at a 5/8-inch iron rod found on the westerly |
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Right-Of-Way (R.O.W.) line of Beltway 8 East (variable width per |
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instruments recoded under H.C.C.F. Nos. F894212, L150096, G259887, |
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G259888, G259889 and G259890), being the northeast corner of said |
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384.581 acre tract, and being in the southerly line of a called |
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75.253 acre tract described in the General Warranty Deed recorded |
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in the name of Missouri Pacific Railroad Company in Volume 4245, |
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Page 527 of the Harris County Deed Records (H.C.D.R.); |
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Thence, with the westerly lines of said Beltway 8 East and the |
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easterly lines of said 384.581 acre tract, the following nine (9) |
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courses: |
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1. South 02 degrees 42 minutes 24 seconds East, a distance |
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of 1089.96 feet to a 5/8-inch iron rod with "MSG cap set; |
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2. North 87 degrees 17 minutes 36 seconds East, a distance |
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of 149.99 feet to a 5/8-inch rod found; |
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3. South 02 degrees 42 minutes 24 seconds East, a distance |
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of 838.69 feet to a 5/8-inch iron rod found; |
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4. South 31 degrees 31 minutes 02 seconds East, a distance |
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of 342.36 feet to a 5/8-inch iron rod found; |
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5. South 01 degrees 41 minutes 01 seconds East, a distance |
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of 1120.10 feet to a 5/8-inch iron rod with "MSG" cap set; |
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6. South 47 degrees 42 minutes 24 seconds East, a distance |
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of 127.27 feet to a 5/8-inch iron rod found; |
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7. South 02 degrees 42 minutes 24 seconds East, a distance |
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of 1190.61 feet to a 5/8-inch iron rod found for the beginning of a |
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curve to the right; |
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8. 1302.59 feet with the arc of said curve to the right |
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having a radius of 11358.39 feet, through a central angle of 06 |
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degrees 34 minutes 15 seconds, a chord that bears South 00 degrees |
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34 minutes 44 seconds West, a distance of 1301.88 feet to a 5/8-inch |
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iron rod found for the point of tangency; |
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9. South 03 degrees 51 minutes 51 seconds West, a distance |
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of 781.06 feet to a point (located in the waters of the Houston Ship |
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Channel) for the southeast corner of said 384.581 acre tract; |
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Thence, with the southerly lines of said 384.581 acre tract |
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(being located in the waters of the Houston Ship Channel), the |
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following six (6) courses: |
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1. North 85 degrees 58 minutes 21 seconds West, a distance |
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of 258.12 feet to a point for the beginning of a curve to the right; |
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2. 97.41 feet with the arc of said curve to the right having |
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a radius of 5239.83 feet, through a central angle of 01 degrees 03 |
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minutes 55 seconds, a chord that bears North 85 degrees 26 minutes |
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25 seconds West, a distance of 97.41 feet to a point; |
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3. North 05 degrees 05 minutes 33 seconds East, a distance |
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of 45.00 feet to a point for the beginning of a non-tangent curve to |
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the right; |
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4. 749.51 feet with the arc of said curve to the right having |
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a radius of 5194.83 feet, through a central angle of 08 degrees 16 |
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minutes 00 seconds, a chord that bears North 80 degrees 46 minutes |
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27 seconds West, a distance of 748.86 feet to a point; |
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5. North 13 degrees 21 minutes 33 seconds East, a distance |
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of 10.00 feet to a point for the beginning of a non-tangent curve to |
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the right; |
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6. 1141.26 feet with the arc of said curve to the right |
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having a radius of 5184.83 feet, through a central angle of 12 |
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degrees 36 minutes 42 seconds, a chord that bears North 70 degrees |
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20 minutes 07 seconds West, a distance of 1138.95 feet to a point |
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for the southeast corner of a called 16.581 acre tract (Tract 2) |
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recorded in Special Warranty Deed to James H. Glanville, Trustee, |
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H.C.C.F. No. Y868202; |
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Thence, with the easterly line of said 16.581 acre tract, |
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North 03 degrees 14 minutes 42 seconds West, a distance of 2128.53 |
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feet to a 5/8-inch iron rod found for the northeast corner of said |
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16.581 acre tract; |
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Thence, with the northerly line of said 16.581 acre tract, |
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South 86 degrees 45 minutes 18 seconds West, a distance of 477.73 |
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feet to a 5/8-inch iron rod found on the east R.O.W. line of Penn |
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City Road (66 feet wide), for the northeast corner of said 16.581 |
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acre tract; |
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Thence, with the easterly R.O.W. line of said Penn City Road |
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and the westerly line of aforesaid 384.581 acre tract, North 03 |
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degrees 19 minutes 04 seconds West, a distance of 611.10 feet to a |
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5/8-inch iron rod with "MSG" cap set for the southwest corner of a |
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0.0402 acre tract described in the General Warranty Deed recorded |
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in the name of James H. Glanville, Trustee, in H.C.C.F. No. U634600; |
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Thence, through and across said 384.581 acre tract, with the |
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lines of said 0.0402 acre tract and a 0.0568 acre tract described in |
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the General Warranty Deed recorded in the name of James H. |
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Glanville, Trustee, in H.C.C.F. No. U634600 the following seven (7) |
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courses: |
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1. North 86 degrees 40 minutes 56 seconds East, a distance |
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of 50.00 feet to a 5/8-inch iron rod with "MSG cap set; |
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2. South 03 degrees 19 minutes 04 seconds East, a distance |
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of 10.00 feet to a 5/8-inch iron rod with "MSG" cap set: |
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3. North 86 degrees 40 minutes 56 seconds East, a distance |
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of 45.00 feet to a 5/8-inch iron rod with "MSG cap set; |
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4. North 03 degrees 19 minutes 04 seconds West, a distance |
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of 55.00 feet to a 5/8-inch iron rod with "MSG" cap set: |
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5. South 86 degrees 40 minutes 56 seconds West, a distance |
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of 45.00 feet to a 5/8-inch iron rod with "MSG cap set; |
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6. South 03 degrees 19 minutes 04 seconds East, a distance |
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of 10.00 feet to a 5/8-inch iron rod with "MSG" cap set: |
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7. South 86 degrees 40 minutes 56 seconds West, a distance |
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of 50.00 feet to a 5/8-inch iron rod with "MSG cap set on the |
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easterly R.O.W. line of said Penn City Road; |
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Thence, with the easterly R.O.W. line of said Penn City Road |
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and the westerly line of said 384.581 acre tract, North 03 degrees |
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19 minutes 04 seconds West, a distance of 4014.64 feet to a 5/8-inch |
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iron rod with "MSG cap set for the southwest corner of aforesaid |
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75.253 acre, being the northwest corner of said 384.581 acre tract |
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and the herein described tract; |
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Thence, with the northerly lines of said 384.581 acre tract |
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and the southerly lines of said 75.253 acre tract the following six |
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(6) courses: |
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1. South 75 degrees 28 minutes 50 seconds East, a distance |
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of 155.83 feet to a 5/8-inch iron rod found; |
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2. South 50 degrees 38 minutes 18 seconds East, a distance |
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of 183.20 feet to a 5/8-inch iron rod with "MSG" cap set; |
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3. South 75 degrees 30 minutes 37 seconds East, a distance |
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of 1274.61 feet to a 5/8-inch iron rod with "MSG" cap set; |
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4. South 81 degrees 57 minutes 02 seconds East, a distance |
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of 677.16 feet to a 5/8-inch iron rod found; |
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5. South 75 degrees 28 minutes 50 seconds East, a distance |
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of 198.65 feet a 5/8-inch iron rod found; |
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6. South 73 degrees 51 minutes 49 seconds East, a distance |
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of 104.58 feet to the Point of Beginning and containing 384.667 |
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acres of land, Save and Except the following tract of land: |
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SAVE AND EXCEPT the following 0.0861 acre tract: |
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Being a tract of land containing 0.0861 acre, located in the |
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Richard and Robert Vince Survey, Abstract-76 in Harris County, |
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Texas; said 0.0861 acre tract being all of a called 0.0861 acre |
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tract described in the General Warranty Deed recorded in the name |
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Ballard Exploration Co., Inc., in H.C.C.F. Number V163848, said |
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0.0861 acre tract being more particularly described by metes and |
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bounds as follows (all bearings are based on the Texas State Plane |
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Coordinate System, South Central Zone (NAD27), per said H.C.C.F. |
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No. U488635): |
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Commencing at a 5/8-inch iron rod found on the westerly |
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R.O.W. line of Beltway 8 East (variable width per instruments |
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recoded under H.C.C.F. Nos. F894212, L150096, G259887, G259888, |
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G259889 and G259890), being the northeast corner of said 384.581 |
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acre tract, and being in the southerly line of a said 75.253 acre |
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tract; |
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Thence, with the northerly lines of said 384.581 acre tract |
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and the southerly lines of said 75.253 acre tract the following two |
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(2) courses: |
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1. North 73 degrees 51 minutes 49 seconds West, a distance |
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of 104.58 feet to a 5/8-inch iron rod found; |
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2. North 75 degrees 28 minutes 50 seconds West, a distance |
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of 54.14 feet a point; |
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Thence, through and across said 384.581 acre tract, South 11 |
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degrees 05 minutes 26 seconds West, a distance of 68.63 feet a |
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5/8-inch iron rod found for the northwest corner of said 0.0861 acre |
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tract and the Point of Beginning of the herein described tract; |
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Thence, with the north line of said 0.0861 acre tract, South |
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78 degrees 54 minutes 34 seconds East, a distance of 75.00 feet to a |
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5/8-inch iron rod with "MSG cap set for the northeast corner of said |
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0.0861 acre tract and the herein described tract; |
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Thence, with the east line of said 0.0861 acre tract, South 11 |
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degrees 05 minutes 26 seconds West, a distance of 50.00 feet a |
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5/8-inch iron rod with "MSG cap set for the southeast corner of said |
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0.0861 acre tract and the herein described tract; |
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Thence, with the south line of said 0.0861 acre tract, North |
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78 degrees 54 minutes 34 seconds West, a distance of 75.00 feet to a |
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5/8-inch iron rod with "MSG cap set for the southwest corner of said |
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0.0861 acre tract and the herein described tract; |
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Thence, with the west line of said 0.0861 acre tract, North 11 |
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degrees 05 minutes 26 seconds East, a distance of 50.00 feet to the |
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Point of Beginning and containing 0.0861 acre of land. |
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TRACT 2: |
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Being a tract of land containing 48.454 acres, located in the |
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Richard and Robert Vince Survey, Abstract-76 in Harris County, |
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Texas; said 48.454 acres being all of Tract 1, called 19.979 acres, |
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all of Tract 2, called 16.581 acres, both described in the Special |
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Warranty Deed recorded in the name of James H. Glanville, Trustee, |
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in Harris County Clerk's File (H.C.C.F.) Number Y868202 and a |
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portion of a called 17.552 acre tract described in the Special |
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Warranty Deed recorded in the name of James H. Glanville, Trustee, |
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in H.C.C.F. Number U550209; said 48.454 acre tract being more |
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particularly described by metes and bounds as follows (all bearings |
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are based on the Texas State Plane Coordinate System, South Central |
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Zone (NAD27), per said H.C.C.F. Number Y868202): |
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Beginning at a 5/8-inch iron rod found on the easterly |
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Right-Of-Way (R.O.W.) line of Penn City Road (66 feet wide), being |
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the northwest corner of said 16.581 acre tract and being the most |
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westerly southwest corner of the remainder of a called 384.581 acre |
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tract recorded in Special Warranty Deed with Vendor's Lien to Port |
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At Greens Bayou, Ltd., in H.C.C.F. Number Z264553; |
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Thence, along the north line of said 16.581 acre tract, being |
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a south line of said 384.581 acre tract, North 86 degrees 45 minutes |
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18 seconds East, a distance of 477.73 feet to a 5/8-inch iron rod |
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found for an inner corner of said 384.581 acre tract, being the |
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northeast corner of said 16.581 acre tract and the herein described |
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tract; |
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Thence, along the easterly line of said 16.581 acre tract and |
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a westerly line of said 384.581 acre tract, South 03 degrees 14 |
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minutes 42 seconds East, passing at 1868.53 feet a 5/8-inch iron rod |
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found for reference, continuing for a total distance of 2128.53 |
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feet to a point for the southeast corner of said 16.581 acre tract |
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and the most southerly southwest corner of said 384.581 acre tract, |
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being located in the waters of the Houston Ship Channel; |
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Thence, along the southerly line of said 16.581 acre tract, |
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350.61 feet along the arc of a non-tangent curve to the right having |
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a central angle of 03 degrees 52 minutes 28 seconds, a radius of |
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5184.83 feet and a chord that bears North 62 degrees 05 minutes 32 |
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seconds West, a distance of 350.54 feet to a 5/8-inch iron rod found |
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for the southwest corner of said 16.581 acre tract, on the easterly |
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line of aforementioned 19.979 acre tract; |
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Thence, along the easterly line of said 19.979 acre tract, |
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South 03 degrees 14 minutes 42 seconds East, a distance of 295.57 |
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feet to a point located in the waters of the Houston Ship Channel |
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for the southeast corner of said 19.979 acre tract; |
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Thence, along the southerly lines of said 19.979 acre tract |
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and aforesaid 17.552 acre tract (being located in the waters of the |
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Houston Ship Channel), the following three (3) courses: |
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1. North 58 degrees 42 minutes 06 seconds West, a distance |
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of 342.89 feet; |
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2. North 29 degrees 11 minutes 00 seconds West, passing at a |
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distance of 868.45 feet a point for the most westerly southwest |
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corner of said 19.979 acre tract, being the most southerly |
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southeast corner of said 17.552 acre tract, continuing in all a |
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distance of 936.81 feet; |
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3. North 55 degrees 41 minutes 57 seconds West, a distance |
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of 631.24 feet to the southwest corner of said 17.552 acre tract and |
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the most southerly southeast corner of a called 38.64 acre tract |
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described in the General Warranty Deed recorded in the name of The |
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Port of Houston Authority in H.C.C.F. Number M567481; |
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Thence, along a west line of said 17.552 acre tract, North 03 |
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degrees 19 minutes 04 seconds West, a distance of 570.00 feet to a |
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point (located in the waters of the Houston Ship Channel) for the |
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southwest corner of a called 5.659 acre tract described in the |
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General Warranty Deed recorded in the name of Ballard Exploration |
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Company, Inc., in H.C.C.F. No. U550210, being the northwest corner |
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of the herein described tract; |
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Thence, along the southerly lines of said 5.659 acre tract, |
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the following three (3) courses: |
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1. North 86 degrees 40 minutes 56 seconds East, a distance |
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of 590.00 feet to a 5/8-inch iron rod found; |
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2. South 03 degrees 19 minutes 04 seconds East, a distance |
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of 25.00 feet to a 5/8-inch iron rod set, from which a 5/8-inch iron |
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rod found bears South 07 degrees 30 minutes West, 0.8 feet; |
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3. North 86 degrees 40 minutes 56 seconds East, a distance |
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of 360.00 feet to a 5/8-inch iron rod found on the westerly R.O.W. |
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line of aforesaid Penn City Road, being the southeast corner of said |
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5.659 acre tract and an interior corner of the herein described |
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tract; |
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Thence, with the westerly R.O.W. line of said Penn City Road, |
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South 03 degrees 19 minutes 04 seconds East, passing at a distance |
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of 175.64 feet a 5/8-inch iron rod found at the most northerly |
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northeast corner of aforesaid 19.979 acre tract and continuing in |
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all a distance of 225.31 feet to a 5/8-inch iron rod found for an |
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interior corner of said 19.979 acre tract and the herein described |
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tract; |
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Thence, with the southerly R.O.W. line of said Penn City |
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Road, South 55 degrees 08 minutes 42 seconds East, a distance of |
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83.95 feet to a 5/8-inch iron rod set for the southeast corner of |
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said Penn City Road, said point being on the westerly line of |
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aforementioned 16.581 acre tract; |
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Thence, along the easterly R.O.W. line of said Penn City Road |
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and the westerly line of said 16.581 acre tract, North 03 degrees 19 |
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minutes 04 seconds West, a distance of 552.12 feet to the Point of |
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Beginning and containing 48.454 acres of land. |
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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. |