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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. 17; 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 3891 to read as follows: |
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CHAPTER 3891. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 17 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3891.001. 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. 17. |
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Sec. 3891.002. NATURE OF DISTRICT. The Harris County |
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Improvement District No. 17 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3891.003. 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. 3891.004. 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. 3891.005. 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. 3891.006. 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. 3891.007. 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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[Sections 3891.008-3891.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3891.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring June 1 of |
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each odd-numbered year. |
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Sec. 3891.052. APPOINTMENT OF DIRECTORS. (a) The board |
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shall recommend to the Harris County Commissioners Court persons to |
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serve on the succeeding board. |
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(b) After reviewing the board's recommendations of persons |
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to serve on the succeeding board, the commissioners court shall |
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appoint as directors or disapprove the recommended persons. |
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(c) If the governing body of the City of Houston objects to |
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any of the board's recommendations of persons to serve on the |
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succeeding board, the board, on the request of the commissioners |
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court, shall submit additional recommendations. |
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(d) Board members may serve successive terms. |
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(e) If any provision of Subsections (a) through (d) is found |
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to be invalid, the Texas Commission on Environmental Quality shall |
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appoint the succeeding board from recommendations of persons to |
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serve on the succeeding board submitted by the board. |
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Sec. 3891.053. ELIGIBILITY. To be eligible to serve as a |
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director, a person must meet the qualifications in Section 375.063, |
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Local Government Code. |
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Sec. 3891.054. INITIAL DIRECTORS. (a) The initial board |
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consists of the following voting directors: |
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Pos. No. Name of Director |
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1 Joe Bullard |
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2 Hollis Bullard |
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3 Tim Culp |
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4 Joe Fogarty |
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5 Art DePue |
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(b) Of the initial directors, the terms of three directors |
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expire June 1, 2011, and the terms of two directors expire June 1, |
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2013. The initial directors shall draw lots to determine which two |
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directors' terms expire June 1, 2013. |
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(c) Section 3891.052 does not apply to this section. |
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(d) This section expires September 1, 2014. |
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[Sections 3891.055-3891.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3891.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3891.102. MUNICIPAL MANAGEMENT POWERS AND DUTIES. The |
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district has the powers and duties provided by the general laws of |
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this state, including Chapter 375, Local Government Code, |
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applicable to a municipal management district created under |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 3891.103. 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. |
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Sec. 3891.104. SPORTS VENUE. The district may construct, |
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acquire, improve, maintain, and operate a sports venue, including |
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an arena, coliseum, stadium, or other type of area or facility used |
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for one or more professional or amateur sports or athletic events. |
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Sec. 3891.105. AGREEMENTS; GRANTS. The district may make |
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an agreement with or accept a gift, grant, or loan from any person. |
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Sec. 3891.106. 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. 3891.107. 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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(b) The district has all of the economic development |
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authority that: |
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(1) Chapter 380, Local Government Code, grants to a |
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municipality with a population of more than 100,000; and |
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(2) Chapter 1509, Government Code, grants to a |
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municipality. |
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Sec. 3891.108. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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[Sections 3891.109-3891.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3891.151. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 3891.158, |
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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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Sec. 3891.152. 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. 3891.153. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. 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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Sec. 3891.154. HOTEL OCCUPANCY TAX. (a) The district may |
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impose a hotel occupancy tax in the manner that Chapter 351, Tax |
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Code, provides for a municipality. |
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(b) A tax imposed under this section may not exceed the |
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maximum rate under Section 351.003(a), Tax Code. |
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Sec. 3891.155. SALES AND USE TAX. (a) The district may |
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impose a sales and use tax if authorized by a majority of the voters |
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of the district voting at an election held for that purpose. |
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Revenue from the tax may be used for any district purpose for which |
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ad valorem tax revenue is used. |
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(b) The district may not impose a sales and use tax if as a |
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result of the imposition of the tax the combined rate of all sales |
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and use taxes imposed by the district and other political |
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subdivisions of this state having territory in the district would |
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exceed the amount allowable by law at any location in the district. |
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(c) If the voters of the district approve the adoption of |
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the tax at an election held on the same election date on which |
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another political subdivision adopts a sales and use tax or |
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approves an increase in the rate of its sales and use tax and as a |
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result the combined rate of all sales and use taxes imposed by the |
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district and other political subdivisions of this state having |
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territory in the district would exceed the amount allowable by law |
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at any location in the district, the election to adopt a sales and |
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use tax under this chapter has no effect. |
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(d) Except as otherwise provided by this chapter, Chapter |
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321, Tax Code, applies to the imposition, computation, |
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administration, enforcement, and collection of the sales and use |
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tax imposed by this section. |
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Sec. 3891.156. 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 an ad valorem tax, |
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without limit as to rate or amount, while all or part of the bonds |
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are outstanding as required and in the manner provided by Sections |
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54.601 and 54.602, Water Code. |
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Sec. 3891.157. BONDS FOR ROAD PROJECTS. At the time of |
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issuance the total principal amount of bonds or other obligations |
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incurred to finance a road project may not exceed one-fourth of the |
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assessed value of real property in the district. |
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Sec. 3891.158. 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 revenue or contract payments from any |
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source other than ad valorem taxes. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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SECTION 2. The Harris County Improvement District No. 17 |
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initially includes all the territory contained in the following |
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area: |
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BEING 606.1394 acres of land out of a 644.0794 acre tract, that same |
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tract described in a deed filed for record July 06, 1933 in Volume |
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932, Page 98, Deed Records, Harris County, Texas, from John D. Reid, |
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et al, to Humble Oil and Refining Company, all of the Chauncy |
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Goodrich Survey Number 776, Patent 466, Volume 1, Abstract 305, |
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containing 640 acres more or less in Harris County, Texas; said |
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606.1394 acres more fully described as follows: BEGINNING at a 12 |
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inch diameter wood fence post found in the West line of the Sam |
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Lewis Survey, Abstract 1704, the Southeast corner of the J. M. |
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Hooper Survey, Abstract 375 and the Northeast corner of the Chauncy |
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Goodrich Survey; THENCE South 00° 19' 00" East, with the West line of |
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the Lewis Survey, a distance of 1005.00 feet to a point for the most |
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Easterly Northeast corner of that certain 9.26 acre tract, conveyed |
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to Humble Oil and Refining Company from Magnolia Petroleum Company, |
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by deed filed for record in Volume 1063, Page 557, Deed Records, |
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Harris County, Texas; THENCE North 29° 36' 00" West, a distance of |
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206.4 feet to a point for corner in the North line of said 9.26 acres |
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;THENCE South 89° 41' 00" West, a distance of 449.00 feet to a point |
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in the East line of that certain 28.68 acre tract conveyed to Humble |
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Oil and Refining Company from Socony Mobil Oil Company, |
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Incorporation, by deed filed for record in Volume 6028, Page 80 or |
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Harris County Clerk's File Number C139334, Harris County Deed |
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Records, said point being the Northwest corner of said 9.26 acre |
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tract; THENCE with the perimeter lines of said 28.68 acres the |
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following calls: |
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(1) North 00° 19' 00" West, a distance of 586.4 feet to corner; |
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(2) South 89° 36" 00" West, a distance of 597.9 feet to corner; |
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(3) South 00° 31' 00" East, a distance of 434.1 feet to corner; |
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(4) South 88° 43' 00" West, a distance of 418.6 feet to corner; |
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(5) North 01° 00' 00" West, a distance of 211.2 feet to corner; |
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(6) South 89° 00' 00" West, a distance of 394.5 feet to corner; |
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(7) South 00° 54' 00" East, a distance of 500.00 feet to corner; |
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(8) South 89° 13' 00" East, a distance of 508.4 feet to corner; |
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(9) South 00° 54' 00" East, a distance of 411.6 feet to corner; |
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(10) North 89° 38' 00" East, a distance of 289.7 feet to corner; |
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(11) South 00° 36' 00" East, a distance of 180.8 feet to corner; |
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(12) North 89° 38' 00" East, passing at 603.6 feet the Southeast |
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corner of said 28.68 acres, the Southwest corner of said 9.26 acres, |
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continuing with the South line of said 9.26 acres, in all, a |
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distance of 1153.6 feet to a point for the Southeast corner of said |
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9.26 acres in the West line of the Lewis Survey, the East line of the |
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Goodrich Survey and said 644.0794 acre tract: THENCE South 00° 19' |
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00" East, with the West line of the Lewis Survey, a distance of |
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3706.59 feet to a 1 inch iron pipe found in the North line of the |
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August Senechal Survey, Abstract 722 and Lot 53 of Boudreaux |
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Estates, unrecorded subdivision; THENCE South 89° 19' 23" West, with |
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the North line of the Senechal Survey, Lots 50, 51, 52 and 53 of said |
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Boudreaux Estates, a 16.349 acre tract conveyed to John E. Kolb, |
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Trustee of Harris County, recorded under Harris County Clerk's File |
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Number F196319, passing it's Northwest corner and the common North |
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corner of said Senechal Survey and I & G. N. R. R. Company Survey, |
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Abstract 952 at 2385 feet more or less, continuing in the North line |
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of said I & G. N. R. R. Company Survey and a 6.470 acre tract |
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recorded under Harris County Clerk's File Number R716867 and along |
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a wire fence, in all, a distance of 5279.26 feet to a 3/4 inch iron |
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pipe found at the base of a fence corner post, said pipe marking the |
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Southeast corner of the John M. Hooper Survey, Abstract 372, the |
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Southeast corner of the William Kobs, 323 acre tract, recorded in |
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Volume 16, Page 188, Deed Records, Harris County, Texas and the |
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Southwest corner of the Chauncy Goodrich Survey and the tract |
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herein described; THENCE North 00° 13" 42" West, with the East line |
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of the Kobs Tract, the East line of the Hooper Survey, the West line |
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of the Goodrich Survey and along a wire fence, a distance of 5355.75 |
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feet to a fence corner post found in the South line of the Hooper |
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Survey, Abstract 375, marking the Northwest corner of the tract |
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herein described from which a 5/8 inch iron rod found bears North |
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86° 01'14" West, 4.65 feet; THENCE South 89° 52' 17" East, with the |
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South line of the Hooper Survey, Abstract 375, the North line of the |
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Goodrich Survey, the tract herein described and along a wire fence, |
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a distance of 5271.05 feet to the PLACE OF BEGINNING containing |
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606.1394 acres. Together with the following: (1) a 60 foot wide road |
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easement extending from the Southwest right-of-way of State Highway |
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249 West to the common line between the Sam Lewis Survey, Abstract |
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1704, and the C. N. Pillot Survey, Abstract 632, recorded under |
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Harris County Clerk's File Number S283266, Official Public Records |
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of Real Property, Harris County, Texas; (2) a 100 foot wide road |
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easement extending from the common line between the Lewis Survey |
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and the Pillot Survey, West, to the East line of the Chauncy |
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Goodrich Survey, Abstract 305, recorded in Volume 934, Page 27, |
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Deed Records, Harris County, Texas; (3) a 100 foot wide road |
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easement, extending West from the Goodrich Survey East line and |
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being more fully described as follows: BEGINNING at a 1/2 inch iron |
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rod found for the Northwest corner of that certain 100 foot wide |
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road easement recorded in Volume 934, Page 27, Deed Records, Harris |
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County, Texas, in the West line of the Sam Lewis Survey, Abstract |
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1704, the East line of the Chauncy Goodrich Survey, Abstract 305; |
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THENCE South 00° 19' 00" East, with the East line of the Goodrich |
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Survey, a distance of 100.00 feet; THENCE South 89° 18' 37" West, a |
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distance of 1118.84 feet to a 1/2 inch iron rod found for corner; |
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THENCE North 00° 54' 00" West, a distance of 100.00 feet to a 1/2 |
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inch iron rod found in the South line of that certain 28.68 acre |
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tract recorded in Volume 6028, Page 80, Deed Records, Harris |
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County, Texas, the Northwest corner of the tract herein described; |
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THENCE North 89° 18" 37" East, with the South line of said 28.68 acre |
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tract and a 9.26 acre Tomball Gas Plant Tract recorded in Volume |
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1063, Page 557, Deed Records, Harris County, Texas, a distance of |
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1119.86 feet to the PLACE OF BEGINNING, containing 2.56 acres more |
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or less. |
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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 |
|
subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
|
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. |
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* * * * * |