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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 Aliana Management District; |
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providing authority to impose a tax 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 3865 to read as follows: |
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CHAPTER 3865. ALIANA MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3865.001. 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 Aliana Management District. |
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Sec. 3865.002. NATURE OF DISTRICT. The district is a |
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special district created under Sections 52 and 52-a, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 3865.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose 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 district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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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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(d) 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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(e) 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; and |
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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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(f) 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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(g) 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. 3865.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made 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 a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 3865.005-3865.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3865.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Except as provided by Section 3865.053, directors serve |
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staggered four-year terms. |
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(c) The initial and each succeeding board of directors shall |
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recommend to the Fort Bend County Commissioners Court persons to |
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serve on the succeeding board. |
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(d) After reviewing the recommendations, the commissioners |
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court shall approve or disapprove the directors recommended by the |
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board. |
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(e) If the commissioners court is not satisfied with the |
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recommendations submitted by the board, the board, on the request |
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of the commissioners court, shall submit additional |
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recommendations. |
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(f) Board members may serve successive terms. |
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(g) If a court finds any provision of Subsections (c) |
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through (f) to be invalid, the Texas Commission on Environmental |
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Quality shall appoint the board from recommendations submitted by |
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the preceding board. |
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Sec. 3865.052. QUALIFICATIONS. To be qualified to serve as |
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a director, a person must be at least 18 years old, be a resident |
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citizen of the State of Texas, and either own land subject to |
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taxation in the district or be a qualified voter of the district. |
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Sec. 3865.053. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) _________________; |
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(2) _________________; |
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(3) _________________; |
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(4) _________________; and |
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(5) _________________. |
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(b) The initial directors shall draw lots to determine which |
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two shall serve two-year terms and which three shall serve |
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four-year terms. |
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[Sections 3865.054-3865.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3865.101. 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. 3865.102. MUNICIPAL MANAGEMENT DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapter 375, Local Government |
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Code, applicable to municipal management districts 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. 3865.103. EXERCISE OF POWERS OF DEVELOPMENT |
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CORPORATION. The district may exercise the powers of a corporation |
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created under Chapter 505, Local Government Code. |
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Sec. 3865.104. 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 athletics events. |
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Sec. 3865.105. ECONOMIC DEVELOPMENT. The district may |
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create economic development programs and exercise the economic |
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development powers that: |
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(1) Chapter 380, Local Government Code, provides 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, provides to any |
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municipality. |
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[Sections 3865.106-3865.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3865.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from any source |
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other than ad valorem taxation. |
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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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Sec. 3865.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 3865.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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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. 3865.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may make payments under a |
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contract from taxes other than operation and maintenance taxes |
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after the provisions of the contract have been approved by a |
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majority of the district voters voting at an election held for that |
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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. 3865.154. HOTEL OCCUPANCY TAX. The district may |
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impose a hotel occupancy tax in the manner provided in Section |
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351.002, Tax Code. A tax imposed under this section may not exceed |
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the maximum rate provided in Section 351.003(a), Tax Code. |
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Sec. 3865.155. 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 called for that purpose. |
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Revenue from the tax may be used for any purpose for which ad |
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valorem tax revenue of the district may be used. |
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(b) The district may not adopt a sales and use tax if as a |
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result of the adoption of the tax the combined rate of all sales and |
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use taxes imposed by the district and other political subdivisions |
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of this state having territory in the district would exceed two |
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percent 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 two percent at any location |
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in the district, the election to adopt a sales and use tax under |
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this chapter has no effect. |
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(d) Chapter 321, Tax Code, applies to the imposition, |
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computation, administration, enforcement, and collection of the |
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sales and use tax imposed by this section except to the extent it is |
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inconsistent with this chapter. |
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[Sections 3865.156-3865.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 3865.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, hotel occupancy taxes, sales |
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and use taxes, revenue from economic development agreements under |
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Chapter 380 or 381, Local Government Code, other district money, or |
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any combination of those sources, to pay for any authorized |
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district purpose. |
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Sec. 3865.202. TAXES FOR BONDS. (a) At the time the |
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district issues bonds payable wholly or partly from ad valorem |
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taxes, the board shall provide for the annual imposition of an ad |
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valorem tax, without limit as to rate or amount, as required by |
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Section 54.601, Water Code. |
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(b) The board shall annually impose the tax while all or |
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part of the bonds are outstanding. Sections 54.601 and 54.602, |
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Water Code, govern the amount and rate of the tax. |
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Sec. 3865.203. 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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issued or incurred to finance road projects may not exceed |
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one-fourth of the assessed value of the real property in the |
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district. |
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SECTION 2. The Aliana Management District initially |
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includes all the territory contained in the following area: |
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BEING a tract or parcel of land situated in the Jane Wilkins |
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League, Abstract No. 96 and the Jesse H. Cartwright League, |
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Abstract No. 16, Fort Bend County, Texas, and being all of a called |
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23.441 acre tract of land described in a Deed to HEB Grocery |
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Company, LP, as recorded in Clerk's File No. 2008113371 of the |
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Official Public Records of Fort Bend County, Texas, and being part |
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of a called 1997.624 acre tract of land described in a Deed to BAM |
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Houston Real Estate Investment, L.P., as recorded in Clerk's File |
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No. 2005091010 of the Official Public Records of Fort Bend County, |
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Texas, and being part of a called 314.079 acre tract of land |
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described as Part Two and part of a called 79.678 acre tract of land |
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described as Part Three in a Deed to Aliana Development Company, as |
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recorded in Clerk's File No. 2007074437 of the Official Public |
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Records of Fort Bend County, Texas, and being all of West Airport |
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Boulevard per Plat recorded in Clerk's File No. 20080069 of the |
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Official Public Records of Fort Bend County, Texas, and being all of |
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West Aliana Trace Drive per Plat recorded in Clerk's File No. |
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20070248 of the Official Public Records of Fort Bend County, Texas, |
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and also being a portion of F.M. Highway No. 1464 right-of-way |
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described in Save & Except Tract 1 per said Deed to BAM Houston Real |
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Estate Investment, L.P., recorded in Clerk's File No. 2005091010, |
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and being more particularly described as follows: |
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BEGINNING at a point for corner at the intersection of the |
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East line of Harlem Road (called 71.5' wide right-of-way) with the |
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South line of Madden Road (variable width right-of-way), said point |
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being the most Westerly Northwest corner of the above cited |
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1997.624 acre tract of land; |
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THENCE North 87 degrees 53 minutes 31 seconds East along the |
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North line of said 1997.624 acre tract and the South line of said |
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Madden Road, for a distance of 2244.25 feet to a point for corner, |
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said point being the Northeast corner of the above cited West Aliana |
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Trace Drive, (100' right-of-way per said Plat); |
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THENCE South 02 degrees 06 minutes 29 seconds East along the |
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East line of said West Aliana Trace Drive, for a distance of 50.00 |
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feet to a point for corner at the beginning of a non-tangent curve |
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to the left; |
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THENCE in a Southwesterly direction, along the East line of |
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said West Aliana Trace Drive, and along said non-tangent curve to |
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the left having a central angle of 90 degrees 02 minutes 51 seconds, |
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a radius of 25.00 feet, a chord bearing of South 42 degrees 51 |
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minutes 45 seconds West, a chord distance of 35.37 feet and an arc |
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length of 39.29 feet to a point for corner; |
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THENCE South 02 degrees 10 minutes 00 seconds East along the |
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East line of said West Aliana Trace Drive, for a distance of 666.87 |
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feet to a point for corner; |
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THENCE North 87 degrees 22 minutes 54 seconds East departing |
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the East line of said West Aliana Trace Drive, for a distance of |
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292.30 feet to a point for corner at the beginning of a non-tangent |
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curve to the left; |
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THENCE in a Southeasterly direction, along said non-tangent |
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curve to the left having a central angle of 70 degrees 31 minutes 43 |
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seconds, a radius of 75.00 feet, a chord bearing of South 57 degrees |
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21 minutes 14 seconds East, a chord distance of 86.60 feet and an |
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arc length of 92.32 feet to a point for corner; |
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THENCE North 87 degrees 22 minutes 54 seconds East for a |
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distance of 741.82 feet to a point for corner; |
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THENCE South 02 degrees 37 minutes 06 seconds East for a |
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distance of 1200.65 feet to a point for corner; |
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THENCE South 87 degrees 22 minutes 54 seconds West for a |
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distance of 405.02 feet to a point for corner at the beginning of a |
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curve to the left; |
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THENCE in a Southwesterly direction, along said curve to the |
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left having a central angle of 68 degrees 53 minutes 05 seconds, a |
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radius of 75.00 feet, a chord bearing of South 52 degrees 56 minutes |
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21 seconds West, a chord distance of 84.84 feet and an arc length of |
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90.17 feet to a point for corner; |
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THENCE South 87 degrees 22 minutes 54 seconds West for a |
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distance of 387.46 feet to a point for corner; |
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THENCE North 01 degrees 11 minutes 15 seconds West passing |
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the occupied Southeast corner of a called 2 acre tract of land |
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described in a Deed to Pleasant Green Missionary Baptist Church, as |
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recorded in Volume K, Page 654 of the Deed Records of Fort Bend |
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County, Texas, at a distance of 68.94 feet, and continuing along the |
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East line of same for a total distance of 484.17 feet to a point for |
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corner at the occupied Northeast corner of same; |
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THENCE North 89 degrees 21 minutes 05 seconds West along the |
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North line of said 2 acre tract, passing the occupied Northwest |
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corner of same at a distance of 205.32 feet, and continuing for a |
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total distance of 226.53 feet to a point for corner, said point |
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being the beginning of a non-tangent curve to the right; |
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THENCE in a Southerly direction, along said non-tangent curve |
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to the right having a central angle of 09 degrees 14 minutes 22 |
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seconds, a radius of 2550.00 feet, a chord bearing of South 02 |
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degrees 13 minutes 29 seconds East, a chord distance of 410.77 feet |
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and an arc length of 411.21 feet to a point for corner at the |
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beginning of a reverse curve to the left; |
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THENCE in a Southeasterly direction, along said reverse curve |
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to the left having a central angle of 39 degrees 39 minutes 45 |
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seconds, a radius of 1450.00 feet, a chord bearing of South 17 |
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degrees 26 minutes 10 seconds East, a chord distance of 983.83 feet |
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and an arc length of 1003.75 feet to a point for corner at the |
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beginning of a reverse curve to the right; |
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THENCE in a Southeasterly direction, along said reverse curve |
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to the right having a central angle of 03 degrees 27 minutes 52 |
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seconds, a radius of 4050.00 feet, a chord bearing of South 35 |
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degrees 32 minutes 06 seconds East, a chord distance of 244.84 feet |
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and an arc length of 244.88 feet to a point for corner at the |
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beginning of a reverse curve to the left; |
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THENCE in a Southeasterly direction, along said reverse curve |
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to the left having a central angle of 89 degrees 17 minutes 49 |
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seconds, a radius of 25.00 feet, a chord bearing of South 78 degrees |
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27 minutes 05 seconds East, a chord distance of 35.14 feet and an |
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arc length of 38.96 feet to a point for corner; |
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THENCE North 56 degrees 54 minutes 01 seconds East for a |
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distance of 408.48 feet to a point for corner at the beginning of a |
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curve to the right; |
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THENCE in an Easterly direction, along said curve to the |
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right having a central angle of 30 degrees 28 minutes 53 seconds, a |
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radius of 1475.00 feet, a chord bearing of North 72 degrees 08 |
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minutes 27 seconds East, a chord distance of 775.48 feet and an arc |
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length of 784.70 feet to a point for corner; |
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THENCE North 87 degrees 22 minutes 54 seconds East for a |
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distance of 1331.98 feet to a point for corner; |
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THENCE South 02 degrees 37 minutes 06 seconds East for a |
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distance of 406.66 feet to a point for corner in the Northerly line |
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of the above cited West Airport Boulevard, said point being the |
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beginning of a non-tangent curve to the right; |
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THENCE in an Easterly direction, along the Northerly line of |
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said West Airport Boulevard, and along said non-tangent curve to |
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the right having a central angle of 00 degrees 16 minutes 08 |
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seconds, a radius of 5050.00 feet, a chord bearing of North 82 |
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degrees 29 minutes 45 seconds East, a chord distance of 23.70 feet |
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and an arc length of 23.70 feet to a point for corner at the |
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beginning of a compound curve to the right; |
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THENCE in an Easterly direction, continuing along the |
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Northerly line of said West Airport Boulevard, and along said |
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compound curve to the right having a central angle of 30 degrees 18 |
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minutes 31 seconds, a radius of 7050.00 feet, a chord bearing of |
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South 82 degrees 12 minutes 56 seconds East, a chord distance of |
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3686.02 feet and an arc length of 3729.35 feet to a point for |
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corner; |
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THENCE South 67 degrees 03 minutes 40 seconds East continuing |
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along the Northerly line of said West Airport Boulevard, for a |
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distance of 665.98 feet to a point for corner at the beginning of a |
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curve to the left; |
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THENCE in a Southeasterly direction, continuing along the |
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Northerly line of said West Airport Boulevard, and along said curve |
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to the left having a central angle of 11 degrees 49 minutes 23 |
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seconds, a radius of 3950.00 feet, a chord bearing of South 72 |
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degrees 58 minutes 19 seconds East, a chord distance of 813.64 feet |
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and an arc length of 815.08 feet to a point for corner; |
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THENCE North 02 degrees 10 minutes 00 seconds West departing |
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the Northerly line of said West Airport Boulevard, for a distance of |
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714.11 feet to a point for corner; |
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THENCE North 87 degrees 22 minutes 54 seconds East for a |
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distance of 847.36 feet to a point for corner in the Westerly line |
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of F.M. Highway No. 1464 (a variable width right-of-way), said |
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point also being the beginning of a non-tangent curve to the left; |
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THENCE in a Northwesterly direction, along the Westerly line |
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of said F.M. Highway No. 1464, and along said non-tangent curve to |
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the left having a central angle of 18 degrees 13 minutes 08 seconds, |
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a radius of 4900.00 feet, a chord bearing of North 23 degrees 16 |
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minutes 40 seconds West, a chord distance of 1551.56 feet and an arc |
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length of 1558.11 feet to a point for corner; |
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THENCE North 32 degrees 23 minutes 16 seconds West along the |
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Westerly line of said F.M. Highway No. 1464, for a distance of |
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1364.57 feet to a point for corner, said point also being an |
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interior Northeast corner of the above cited 314.079 acre tract; |
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THENCE South 57 degrees 36 minutes 44 seconds West along an |
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interior North line of said 314.079 acre tract, for a distance of |
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300.00 feet to a point for corner at an interior Northwest corner of |
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same; |
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THENCE North 32 degrees 23 minutes 16 seconds West departing |
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an interior Northwest corner of said 314.079 acre tract, and |
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passing an interior Southeast corner of said 314.079 acre tract at a |
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distance of 170.58 feet, and continuing along an interior East line |
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of same for a total distance of 1178.58 feet to a point for corner; |
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THENCE North 31 degrees 33 minutes 58 seconds West continuing |
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along an interior East line of said 314.079 acre tract, for a |
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distance of 144.01 feet to a point for corner; |
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THENCE North 30 degrees 02 minutes 18 seconds West continuing |
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along an interior East line of said 314.079 acre tract, for a |
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distance of 144.12 feet to a point for corner; |
|
THENCE North 27 degrees 59 minutes 24 seconds West continuing |
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along an interior East line of said 314.079 acre tract, for a |
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distance of 241.96 feet to a point for corner in the Southerly line |
|
of West Bellfort, a 100' right-of-way per Plat recorded in Clerk's |
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File No. 20070260 of the Official Public Records of Fort Bend |
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County, Texas; |
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THENCE in a Northeasterly direction, along the Southerly line |
|
of said West Bellfort, and along a non-tangent curve to the left |
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having a central angle of 02 degrees 16 minutes 09 seconds, a radius |
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of 4050.00 feet, a chord bearing of North 60 degrees 17 minutes 55 |
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seconds East, a chord distance of 160.39 feet and an arc length of |
|
160.40 feet to a point for corner; |
|
THENCE North 59 degrees 09 minutes 49 seconds East along the |
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projected Southerly line of said West Bellfort, for a distance of |
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360.27 feet to a point for corner at the beginning of a curve to the |
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left; |
|
THENCE in a Northeasterly direction, along the Southerly line |
|
of said West Bellfort, and along said curve to the left having a |
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central angle of 07 degrees 57 minutes 06 seconds, a radius of |
|
2050.00 feet, a chord bearing of North 55 degrees 11 minutes 14 |
|
seconds East, a chord distance of 284.27 feet and an arc length of |
|
284.50 feet to a point for corner at the beginning of a non-tangent |
|
curve to the left; |
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THENCE in a Southeasterly direction, departing the Southerly |
|
line of said West Bellfort, and along said non-tangent curve to the |
|
left having a central angle of 06 degrees 41 minutes 00 seconds, a |
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radius of 4546.73 feet, a chord bearing of South 29 degrees 02 |
|
minutes 46 seconds East, a chord distance of 530.05 feet and an arc |
|
length of 530.35 feet to a point for corner; |
|
THENCE South 32 degrees 23 minutes 16 seconds East for a |
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distance of 1173.43 feet to a point for corner, said point being an |
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interior Northwest corner of a called 27.013 acre tract of land |
|
described as Part Five in a Deed to Aliana Development Company, as |
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recorded in Clerk's File No. 2007074437 of the Official Public |
|
Records of Fort Bend County, Texas; |
|
THENCE South 57 degrees 36 minutes 44 seconds West along a |
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Northwesterly line of said 27.013 acre tract, for a distance of |
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300.00 feet to a point for corner in the Easterly line of the above |
|
cited F.M. Highway No. 1464; |
|
THENCE South 32 degrees 23 minutes 16 seconds East along the |
|
Easterly line of said F.M. Highway No. 1464, for a distance of |
|
1364.58 feet to a point for corner at the beginning of a curve to the |
|
right; |
|
THENCE in a Southeasterly direction, along the Easterly line |
|
of said F.M. Highway No. 1464, and along said curve to the right |
|
having a central angle of 06 degrees 38 minutes 36 seconds, a radius |
|
of 5100.00 feet, a chord bearing of South 29 degrees 03 minutes 58 |
|
seconds East, a chord distance of 591.00 feet and an arc length of |
|
591.33 feet to a point for corner at the beginning of a non-tangent |
|
curve to the right; |
|
THENCE in a Northeasterly direction, along the Northerly line |
|
of said F.M. Highway No. 1464, and along said non-tangent curve to |
|
the right having a central angle of 18 degrees 38 minutes 36 |
|
seconds, a radius of 1050.00 feet, a chord bearing of North 79 |
|
degrees 22 minutes 45 seconds East, a chord distance of 340.15 feet |
|
and an arc length of 341.66 feet to a point for corner; |
|
THENCE North 88 degrees 42 minutes 09 seconds East along the |
|
Northerly line of said F.M. Highway No. 1464, for a distance of |
|
44.67 feet to a point for corner in the East line of the above cited |
|
1997.624 acre tract, said point also being the original West line of |
|
F.M. Highway No. 1464; |
|
THENCE South 02 degrees 33 minutes 11 seconds East along the |
|
East line of said 1997.624 acre tract, for a distance of 3682.01 |
|
feet to a point for corner; |
|
THENCE South 87 degrees 37 minutes 59 seconds West along the |
|
Easterly line of said 1997.624 acre tract, for a distance of 35.60 |
|
feet to a point for corner; |
|
THENCE South 02 degrees 16 minutes 30 seconds East along the |
|
Easterly line of said 1997.624 acre tract, for a distance of 18.37 |
|
feet to a point for corner at the beginning of a non-tangent curve |
|
to the right; |
|
THENCE in a Southerly direction, along the Easterly line of |
|
said 1997.624 acre tract and along said non-tangent curve to the |
|
right having a central angle of 04 degrees 32 minutes 47 seconds, a |
|
radius of 1834.86 feet, a chord bearing of South 00 degrees 15 |
|
minutes 57 seconds East, a chord distance of 145.56 feet and an arc |
|
length of 145.59 feet to a point for corner; |
|
THENCE South 87 degrees 38 minutes 52 seconds West departing |
|
the Easterly line of said 1997.624 acre tract, passing the Westerly |
|
line of said F.M. Highway No. 1464 and the Northeast corner of a |
|
called 9.000 acre tract of land conveyed to Grand Parkway Baptist |
|
Church, Inc., per Deed recorded in Clerk's File No. 2006108454 of |
|
the Official Public Records of Fort Bend County, Texas, at a |
|
distance of 56.34 feet, and continuing along the North line of said |
|
9.000 acre tract for a total distance of 1386.76 feet to a point for |
|
corner at the Northwest corner of same, said point also being in the |
|
most Easterly West line of said 1997.624 acre tract; |
|
THENCE North 02 degrees 19 minutes 34 seconds West along the |
|
most Easterly West line of said 1997.624 acre tract, passing an |
|
interior corner of same at a distance of 706.82 feet, and continuing |
|
for a total distance of 2037.21 feet to a point for corner in the |
|
Southerly line of said West Airport Boulevard, said point also |
|
being the beginning of a non-tangent curve to the right; |
|
THENCE in a Northwesterly direction, along the Southerly line |
|
of said West Airport Boulevard, and along said non-tangent curve to |
|
the right having a central angle of 07 degrees 47 minutes 10 |
|
seconds, a radius of 4050.00 feet, a chord bearing of North 70 |
|
degrees 57 minutes 14 seconds West, a chord distance of 549.94 feet |
|
and an arc length of 550.36 feet to a point for corner; |
|
THENCE North 67 degrees 03 minutes 40 seconds West continuing |
|
along the Southerly line of said West Airport Boulevard, for a |
|
distance of 665.97 feet to a point for corner at the beginning of a |
|
curve to the left; |
|
THENCE in a Westerly direction, continuing along the |
|
Southerly line of said West Airport Boulevard, and along said curve |
|
to the left having a central angle of 30 degrees 18 minutes 31 |
|
seconds, a radius of 6950.00 feet, a chord bearing of North 82 |
|
degrees 12 minutes 55 seconds West, a chord distance of 3633.74 feet |
|
and an arc length of 3676.46 feet to a point for corner at the |
|
beginning of a compound curve to the left; |
|
THENCE in a Westerly direction, continuing along the |
|
Southerly line of said West Airport Boulevard, and along said |
|
compound curve to the left having a central angle of 00 degrees 22 |
|
minutes 14 seconds, a radius of 4950.00 feet, a chord bearing of |
|
South 82 degrees 26 minutes 42 seconds West, a chord distance of |
|
32.01 feet and an arc length of 32.01 feet to a point for corner; |
|
THENCE South 02 degrees 37 minutes 06 seconds East departing |
|
the Southerly line of said West Airport Boulevard, for a distance of |
|
531.47 feet to a point for corner at the beginning of a non-tangent |
|
curve to the left; |
|
THENCE in a Southeasterly direction, along said non-tangent |
|
curve to the left having a central angle of 39 degrees 14 minutes 06 |
|
seconds, a radius of 2340.00 feet, a chord bearing of South 22 |
|
degrees 00 minutes 28 seconds East, a chord distance of 1571.26 feet |
|
and an arc length of 1602.38 feet to a point for corner; |
|
THENCE South 23 degrees 59 minutes 26 seconds East for a |
|
distance of 100.00 feet to a point for corner at the beginning of a |
|
non-tangent curve to the right; |
|
THENCE in a Westerly direction, along said non-tangent curve |
|
to the right having a central angle of 39 degrees 21 minutes 16 |
|
seconds, a radius of 2400.00 feet, a chord bearing of South 85 |
|
degrees 41 minutes 12 seconds West, a chord distance of 1616.26 feet |
|
and an arc length of 1648.47 feet to a point for corner at the |
|
beginning of a non-tangent curve to the left; |
|
THENCE in a Southeasterly direction, along said non-tangent |
|
curve to the left having a central angle of 72 degrees 37 minutes 15 |
|
seconds, a radius of 2745.59 feet, a chord bearing of South 11 |
|
degrees 22 minutes 49 seconds East, a chord distance of 3251.66 feet |
|
and an arc length of 3479.97 feet to a point for corner at the |
|
beginning of compound curve to the left; |
|
THENCE in a Southeasterly direction, along said compound |
|
curve to the left having a central angle of 21 degrees 24 minutes 28 |
|
seconds, a radius of 955.00 feet, a chord bearing of South 58 |
|
degrees 23 minutes 40 seconds East, a chord distance of 354.75 feet |
|
and an arc length of 356.82 feet to a point for corner at the |
|
beginning of a reverse curve to the right; |
|
THENCE in a Southerly direction, along said reverse curve to |
|
the right having a central angle of 135 degrees 47 minutes 22 |
|
seconds, a radius of 1045.00 feet, a chord bearing of South 01 |
|
degrees 12 minutes 14 seconds East, a chord distance of 1936.37 feet |
|
and an arc length of 2476.62 feet to a point for corner; |
|
THENCE South 66 degrees 41 minutes 27 seconds West for a |
|
distance of 606.68 feet to a point in the Easterly line of State |
|
Highway No. 99 (Grand Parkway - variable width right-of-way), said |
|
point being North 23 degrees 17 minutes 58 seconds West a distance |
|
of 2960.15 feet from the most Southerly corner of the above cited |
|
1997.624 acre tract of land; |
|
THENCE North 23 degrees 17 minutes 58 seconds West along the |
|
Easterly line of said State Highway No. 99, for a distance of |
|
4218.77 feet to a point for corner at the beginning of a curve to the |
|
right; |
|
THENCE in a Northwesterly direction, along the Easterly line |
|
of said State Highway No. 99, and along said curve to the right |
|
having a central angle of 02 degrees 06 minutes 53 seconds, a radius |
|
of 22768.31 feet, a chord bearing of North 22 degrees 14 minutes 18 |
|
seconds West, a chord distance of 840.31 feet and an arc length of |
|
840.36 feet to a point for corner; |
|
THENCE North 21 degrees 08 minutes 45 seconds West along the |
|
Easterly line of said State Highway No. 99, for a distance of 508.80 |
|
feet to a point for corner; |
|
THENCE North 18 degrees 04 minutes 14 seconds West along the |
|
Easterly line of said State Highway No. 99, for a distance of 396.37 |
|
feet to a point for corner; |
|
THENCE North 19 degrees 01 minutes 30 seconds West along the |
|
Easterly line of said State Highway No. 99, for a distance of 397.76 |
|
feet to a point for corner; |
|
THENCE North 23 degrees 18 minutes 33 seconds West along the |
|
Easterly line of said State Highway No. 99, for a distance of |
|
3050.42 feet to a point for corner at the beginning of a non-tangent |
|
curve to the left; |
|
THENCE in a Northwesterly direction, along the Easterly line |
|
of said State Highway No. 99, and along said non-tangent curve to |
|
the left having a central angle of 30 degrees 21 minutes 14 seconds, |
|
a radius of 3064.79 feet, a chord bearing of North 38 degrees 27 |
|
minutes 57 seconds West, a chord distance of 1604.73 feet and an arc |
|
length of 1623.65 feet to a point for corner; |
|
THENCE North 35 degrees 03 minutes 03 seconds West along the |
|
Easterly line of said State Highway No. 99, for a distance of 46.01 |
|
feet to a point for corner in the East line of the above cited Harlem |
|
Road; |
|
THENCE North 03 degrees 04 minutes 30 seconds West along the |
|
East line of said Harlem Road, for a distance of 225.00 feet to a |
|
point for corner; |
|
THENCE North 06 degrees 11 minutes 01 seconds West along the |
|
East line of said Harlem Road, for a distance of 100.20 feet to a |
|
point for corner; |
|
THENCE North 03 degrees 03 minutes 53 seconds West along the |
|
East line of said Harlem Road, for a distance of 450.53 feet to the |
|
POINT OF BEGINNING, and containing 655.9 acres of land, more or |
|
less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |