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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 Rio de Vida Planning and Improvement |
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District No. 1; providing authority to levy an assessment, impose a |
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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 3867 to read as follows: |
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CHAPTER 3867. RIO DE VIDA PLANNING AND IMPROVEMENT |
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DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3867.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Austin, Texas. |
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(3) "County" means Travis County. |
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(4) "Director" means a board member. |
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(5) "District" means the Rio de Vida Planning and |
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Improvement District No. 1. |
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(6) "Improvement project" means a project authorized |
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by Section 3867.102 or Subchapter C-1. |
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Sec. 3867.002. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 3867.003. 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, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city and county services |
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provided in the district. |
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Sec. 3867.004. 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 further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; 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 public gardens and by |
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landscaping and developing certain areas in the district, which are |
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necessary for the restoration, preservation, and enhancement of |
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scenic beauty. |
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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. 3867.005. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under |
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Section 3867.110 or other law. |
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(b) The boundaries and field notes of the district contained |
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in Section 2 of the Act enacting this chapter form a closure. A |
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mistake in the field notes of the district contained in Section 2 of |
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the Act enacting this chapter or in copying the field notes in the |
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legislative process 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 or other obligation |
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for a purpose for which the district is created or to pay the |
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principal of and 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. 3867.006. 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 abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(2) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(3) an industrial district created under Chapter 42, |
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Local Government Code. |
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Sec. 3867.007. MUNICIPAL CONSENT REQUIRED. (a) The |
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district may not hold an election under Subchapter E until each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by ordinance or |
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resolution to: |
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(1) the district's creation; and |
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(2) the inclusion of the municipality's land in the |
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district. |
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(b) Consent issued by the city under Subsection (a) may |
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include terms relating to: |
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(1) annexation by the city under Subchapter J; and |
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(2) the continuation of all or a portion of the |
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district's operations after annexation by the city under Subchapter |
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J. |
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Sec. 3867.008. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3867.009. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3867.010-3867.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3867.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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Sec. 3867.052. APPOINTMENT OF DIRECTORS. (a) Except as |
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provided by Subsection (c), the members of the governing body of the |
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city shall appoint four directors from persons recommended by the |
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board and one director who has at least 15 years of experience in |
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the commercial real estate industry. |
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(b) A person is appointed if a majority of the members of the |
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governing body vote to appoint the person. |
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(c) Beginning on January 1, 2041, the members of the |
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governing body of the city may appoint directors without the |
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recommendation of the board. This subsection applies only to a |
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director whose term expires on or after January 1, 2041. |
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Sec. 3867.053. QUALIFICATIONS. To be qualified to serve as |
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a director, a person must: |
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(1) reside in the district; or |
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(2) own real property in the district. |
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Sec. 3867.054. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; or |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest. |
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Sec. 3867.055. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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Sec. 3867.056. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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Pos. No. Name of Director |
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1 ________________ |
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2 ________________ |
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3 ________________ |
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4 ________________ |
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5 ________________ |
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(b) Of the initial directors, the terms of directors serving |
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in positions 1, 2, and 3 expire June 1, 2013, and the terms of |
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directors serving in positions 4 and 5 expire June 1, 2015. |
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(c) Section 3867.052 does not apply to the initial |
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directors. |
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(d) This section expires September 1, 2015. |
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[Sections 3867.057-3867.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3867.101. 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. 3867.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using money available to the district, or contract with a |
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governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter, |
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including a project or service described by Subchapter C-1, or |
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under Chapter 375, Local Government Code. |
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Sec. 3867.103. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3867.104. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3867.105. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the county or the city, to provide law enforcement |
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services in the district for a fee. |
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Sec. 3867.106. 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. 3867.107. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers that: |
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(1) Chapter 380, Local Government Code, provides to a |
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municipality; and |
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(2) Subchapter A, Chapter 1509, Government Code, |
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provides to a municipality. |
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Sec. 3867.108. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities 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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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3867.109. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement with a municipality under Section 43.0751, |
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Local Government Code. |
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Sec. 3867.110. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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Sec. 3867.111. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 3867.112-3867.150 reserved for expansion] |
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SUBCHAPTER C-1. IMPROVEMENT PROJECTS |
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Sec. 3867.151. IMPROVEMENT PROJECTS. In addition to the |
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general authority provided by Section 3867.102, the district may |
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provide, or it may contract with a governmental or private entity to |
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provide, an improvement project described by this subchapter or |
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activities in support of or incidental to those projects. |
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Sec. 3867.152. WATER OR SEWER FACILITY. An improvement |
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project may include the planning, design, construction, |
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improvement, maintenance, and operation of a water or sewer |
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facility. |
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Sec. 3867.153. POTABLE WATER. An improvement project may |
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include a supply and distribution facility or system to provide |
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potable water to district residents and businesses. |
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Sec. 3867.154. NONPOTABLE WATER. An improvement project |
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may include a facility or system designed to enable approved use of |
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nonpotable water, including wastewater supply, collection, |
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treatment, transmission, and distribution to district residents |
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and businesses. |
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Sec. 3867.155. WASTEWATER. An improvement project may |
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include a facility or system to provide wastewater collection, |
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treatment, and disposal to serve district residents and businesses. |
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Sec. 3867.156. DRAINAGE. An improvement project may |
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include the planning, design, construction, improvement, and |
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maintenance of a drainage facility for the district. |
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Sec. 3867.157. STORM WATER. An improvement project may |
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include protection and improvement of the quality of storm water |
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that flows through the district and may include the planning, |
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design, construction, improvement, and maintenance of a storm water |
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detention improvement. |
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Sec. 3867.158. WETLANDS. An improvement project may |
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include the planning, design, construction, improvement, |
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maintenance, and operation of a facility for wetlands enhancement. |
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Sec. 3867.159. RECREATION. An improvement project may |
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include a recreational facility, including public boat ramps and |
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docks on the district's Colorado River frontage. |
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Sec. 3867.160. POWER GENERATION. An improvement project |
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may include the planning, design, construction, improvement, |
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maintenance, and operation of an alternative power generation |
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facility located in or outside of the district, including: |
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(1) a facility for solar, geothermal, or wind power; |
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and |
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(2) appurtenant transmission facilities. |
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Sec. 3867.161. ROADS. An improvement project may include a |
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paved road or street inside and outside the district, to the extent |
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authorized by Section 52, Article III, Texas Constitution. |
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Sec. 3867.162. PARKING OR HELIPORT. An improvement project |
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may include the planning, design, construction, improvement, |
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maintenance, and operation of an off-street parking facility or |
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heliport. |
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Sec. 3867.163. EDUCATION AND CULTURE. An improvement |
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project may include the planning and acquisition of: |
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(1) public art and sculpture and related exhibits and |
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facilities; or |
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(2) an educational facility and a cultural exhibit or |
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facility. |
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Sec. 3867.164. CONVENTION CENTER. An improvement project |
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may include the planning, design, construction, acquisition, |
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lease, rental, improvement, maintenance, installation, and |
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management of and provision of furnishings for a facility for: |
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(1) a conference, convention, or exhibition; |
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(2) a manufacturer, consumer, or trade show; |
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(3) a civic, community, or institutional event; or |
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(4) an exhibit, display, attraction, special event, or |
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seasonal or cultural celebration or holiday. |
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Sec. 3867.165. DEMOLITION. An improvement project may |
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include the removal, razing, demolition, or clearing of land or |
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improvements in connection with an improvement project, including |
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mass grading to reclaim a site from the site's present state. |
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Sec. 3867.166. MITIGATION OF ENVIRONMENTAL EFFECTS. An |
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improvement project may include the acquisition and improvement of |
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land or other property for the mitigation of the environmental |
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effects of an improvement project. |
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Sec. 3867.167. ACQUISITION OF PROPERTY. An improvement |
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project may include the acquisition of property or an interest in |
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property in connection with an improvement project. |
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Sec. 3867.168. SPECIAL OR SUPPLEMENTAL SERVICES. An |
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improvement project may include a special or supplemental service |
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for the improvement and promotion of the district or an area |
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adjacent to the district or for the protection of public health and |
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safety in or adjacent to the district, including: |
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(1) advertising; |
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(2) promotion; |
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(3) tourism; |
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(4) health and sanitation; |
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(5) public safety; |
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(6) security; |
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(7) fire protection or emergency medical services; |
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(8) business recruitment; |
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(9) development; |
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(10) the elimination of traffic congestion; and |
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(11) recreational, educational, or cultural |
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improvements, enhancements, and services. |
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Sec. 3867.169. MISCELLANEOUS DESIGN, CONSTRUCTION, AND |
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MAINTENANCE. An improvement project may include the planning, |
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design, construction, improvement, and maintenance of: |
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(1) landscaping; |
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(2) highway right-of-way or transit corridor |
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beautification and improvement; |
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(3) lighting, banners, and signs; |
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(4) a street or sidewalk; |
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(5) a hiking and cycling path or trail; |
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(6) a pedestrian walkway, skywalk, crosswalk, or |
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tunnel; |
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(7) a park, lake, garden, recreational facility, |
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sports facility, open space, scenic area, or related exhibit or |
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preserve; |
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(8) a fountain, plaza, or pedestrian mall; or |
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(9) a drainage or storm water detention improvement. |
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Sec. 3867.170. SIMILAR IMPROVEMENT PROJECTS. An |
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improvement project may include a public improvement, facility, or |
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service similar to a project described by this subchapter. |
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[Sections 3867.171-3867.200 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3867.201. TAX AND ASSESSMENT ABATEMENTS. The district |
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may designate reinvestment zones and may grant abatements of a tax |
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or assessment on property in the zones. |
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Sec. 3867.202. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of directors' |
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signatures and the procedure required for a disbursement or |
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transfer of district money. |
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Sec. 3867.203. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, maintain, or |
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provide any improvement or service authorized under this chapter or |
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Chapter 375, Local Government Code, using any money available to |
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the district. |
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Sec. 3867.204. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
|
has been filed with the board. |
|
(b) A petition filed under Subsection (a) must be signed by: |
|
(1) the owners of a majority of the assessed value of |
|
real property in the district subject to assessment according to |
|
the most recent certified tax appraisal roll for the county; or |
|
(2) at least 25 persons who own real property in the |
|
district subject to assessment, if more than 25 persons own real |
|
property in the district subject to assessment as determined by the |
|
most recent certified tax appraisal roll for the county. |
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Sec. 3867.205. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
|
Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3867.206. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
|
The board by resolution may impose and collect an assessment for any |
|
purpose authorized by this chapter in all or any part of the |
|
district. |
|
(b) An assessment, a reassessment, or an assessment |
|
resulting from an addition to or correction of the assessment roll |
|
by the district, penalties and interest on an assessment or |
|
reassessment, an expense of collection, and reasonable attorney's |
|
fees incurred by the district are: |
|
(1) a first and prior lien against the property |
|
assessed; |
|
(2) superior to any other lien or claim other than a |
|
lien or claim for county, school district, or municipal ad valorem |
|
taxes; and |
|
(3) the personal liability of and a charge against the |
|
owners of the property even if the owners are not named in the |
|
assessment proceedings. |
|
(c) The lien is effective from the date of the board's |
|
resolution imposing the assessment until the date the assessment is |
|
paid. The board may enforce the lien in the same manner that the |
|
board may enforce an ad valorem tax lien against real property. |
|
(d) The board may make a correction to or deletion from the |
|
assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
|
the manner required for additional assessments. |
|
Sec. 3867.207. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
|
375.161, Local Government Code, does not apply to: |
|
(1) a tax authorized or approved by district voters; |
|
or |
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(2) a required payment for a service provided by the |
|
district, including water and sewer service. |
|
Sec. 3867.208. COMPETITIVE BIDDING. Subchapter I, Chapter |
|
49, Water Code, applies to the district. Sections 375.221 and |
|
375.223, Local Government Code, do not apply to the district. |
|
[Sections 3867.209-3867.250 reserved for expansion] |
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SUBCHAPTER E. TAXES AND BONDS |
|
Sec. 3867.251. ELECTIONS REGARDING CERTAIN TAXES AND BONDS. |
|
(a) The district may issue, without an election, bonds, notes, and |
|
other obligations secured by: |
|
(1) revenue other than ad valorem taxes; or |
|
(2) contract payments described by Section 3867.253. |
|
(b) The district must hold an election in the manner |
|
provided by Subchapter L, Chapter 375, Local Government Code, to |
|
obtain voter approval before the district may impose an ad valorem |
|
tax or sales and use tax or issue bonds payable from ad valorem |
|
taxes. |
|
(c) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(d) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of district bonds may |
|
be included in one single proposition to be voted on at the election |
|
or the bonds may be submitted in several propositions. |
|
Sec. 3867.252. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized by a majority of the district voters voting at an |
|
election held under Section 3867.251, the district may impose an |
|
operation and maintenance tax on taxable property in the district |
|
in accordance with Section 49.107, Water Code, for any district |
|
purpose, including to: |
|
(1) operate and maintain the district; |
|
(2) construct or acquire improvements; or |
|
(3) provide a service. |
|
(b) The board shall determine the tax rate. The rate may not |
|
exceed the rate approved at the election. |
|
(c) The board may impose the tax authorized by this section |
|
after full-purpose annexation by the city under Subchapter J. The |
|
board may use the tax revenue to pay for maintaining parks, wet |
|
ponds, and other open space amenities in the district. To the |
|
extent of a conflict between this subsection and any other law, this |
|
subsection controls. |
|
Sec. 3867.253. CONTRACT TAXES. (a) In accordance with |
|
Section 49.108, Water Code, the district may impose a tax other than |
|
an operation and maintenance tax and use the revenue derived from |
|
the tax to make payments under a contract after the provisions of |
|
the contract have been approved by a majority of the district voters |
|
voting at an election held for that purpose. |
|
(b) A contract approved by the district voters may contain a |
|
provision stating that the contract may be modified or amended by |
|
the board without further voter approval. |
|
Sec. 3867.254. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
|
AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
|
determined by the board. Section 375.205, Local Government Code, |
|
does not apply to a loan, line of credit, or other borrowing from a |
|
bank or financial institution secured by revenue other than ad |
|
valorem taxes. |
|
(b) The district may issue bonds, notes, or other |
|
obligations payable wholly or partly from ad valorem taxes, sales |
|
and use taxes, assessments, impact fees, revenue, contract |
|
payments, grants, or other district money, or any combination of |
|
those sources of money, to pay for any authorized district purpose. |
|
(c) The limitation on the outstanding principal amount of |
|
bonds, notes, and other obligations provided by Section 49.4645, |
|
Water Code, does not apply to the district. |
|
Sec. 3867.255. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, for each |
|
year that all or part of the bonds are outstanding as required and |
|
in the manner provided by Sections 54.601 and 54.602, Water Code. |
|
[Sections 3867.256-3867.300 reserved for expansion] |
|
SUBCHAPTER F. DEFINED AREAS |
|
Sec. 3867.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
|
DESIGNATED PROPERTY. The district may define areas or designate |
|
certain property of the district to pay for improvements, |
|
facilities, or services that primarily benefit that area or |
|
property and do not generally and directly benefit the district as a |
|
whole. |
|
Sec. 3867.302. PROCEDURE FOR ELECTION. (a) Before the |
|
district may impose an ad valorem tax or issue bonds payable from ad |
|
valorem taxes of the defined area or designated property, the board |
|
shall hold an election in the defined area or in the designated |
|
property only. |
|
(b) The election shall be conducted as provided by Section |
|
3867.251. |
|
(c) The board may submit the issues to the voters on the same |
|
ballot to be used in another election. |
|
Sec. 3867.303. DECLARING RESULT AND ISSUING ORDER. (a) If |
|
a majority of the voters voting at the election approve the |
|
proposition or propositions, the board shall declare the results |
|
and, by order, shall establish the defined area and describe it by |
|
metes and bounds or designate the specific property. |
|
(b) A court may not review the board's order except on the |
|
ground of fraud, palpable error, or arbitrary and confiscatory |
|
abuse of discretion. |
|
Sec. 3867.304. TAXES FOR IMPROVEMENTS AND FACILITIES IN |
|
DEFINED AREAS OR DESIGNATED PROPERTY. On voter approval and |
|
adoption of the order described by Section 3867.303, the district |
|
may apply separately, differently, equitably, and specifically its |
|
taxing power and lien authority to the defined area or designated |
|
property to provide money to construct, administer, maintain, and |
|
operate services, improvements, and facilities that primarily |
|
benefit the defined area or designated property. |
|
Sec. 3867.305. ISSUANCE OF BONDS FOR DEFINED AREA OR |
|
DESIGNATED PROPERTY. After the order under Section 3867.303 is |
|
adopted, the district may issue bonds to provide for any land, |
|
improvements, facilities, plants, equipment, and appliances for |
|
the defined area or designated property. |
|
|
|
SUBCHAPTER G. SALES AND USE TAX |
|
Sec. 3867.351. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, |
|
computation, administration, enforcement, and collection of the |
|
sales and use tax authorized by this subchapter except to the extent |
|
Chapter 321, Tax Code, is inconsistent with this chapter. |
|
(b) A reference in Chapter 321, Tax Code, to a municipality |
|
or the governing body of a municipality is a reference to the |
|
district or the board, respectively. |
|
Sec. 3867.352. ELECTION; ADOPTION OF TAX. (a) The district |
|
may adopt a sales and use tax if authorized by a majority of the |
|
voters of the district voting at an election held for that purpose. |
|
(b) The board by order may call an election to authorize the |
|
adoption of the sales and use tax. The election may be held on any |
|
uniform election date and in conjunction with any other district |
|
election. |
|
(c) The district shall provide notice of the election and |
|
shall hold the election in the manner prescribed by Section |
|
3867.251. |
|
(d) The ballot shall be printed to provide for voting for or |
|
against the proposition: "Authorization of a sales and use tax in |
|
the Rio de Vida Planning and Improvement District No. 1 at a rate |
|
not to exceed ____ percent" (insert rate of one or more increments |
|
of one-eighth of one percent). |
|
Sec. 3867.353. SALES AND USE TAX RATE. (a) Not later than |
|
the 10th day after the date the results are declared of an election |
|
held under Section 3867.352, at which the voters approved |
|
imposition of the tax authorized by this subchapter, the board |
|
shall determine the initial rate of the tax, which must be in one or |
|
more increments of one-eighth of one percent. |
|
(b) After the election held under Section 3867.352, the |
|
board may decrease the rate of the tax by one or more increments of |
|
one-eighth of one percent. The board may not decrease the rate of |
|
the tax if the decrease would impair the repayment of any |
|
outstanding debt or obligation payable from the tax. |
|
(c) The initial rate of the tax or any rate resulting from |
|
subsequent decreases may not exceed the lesser of: |
|
(1) the maximum rate authorized by the district voters |
|
at the election held under Section 3867.352; or |
|
(2) a rate that, when added to the rates of all sales |
|
and use taxes imposed by other political subdivisions with |
|
territory in the district, would result in the maximum combined |
|
rate prescribed by Section 321.101(f), Tax Code, at any location in |
|
the district. |
|
(d) In determining whether the combined sales and use tax |
|
rate under Subsection (c)(2) would exceed the maximum combined rate |
|
prescribed by Section 321.101(f), Tax Code, at any location in the |
|
district, the board shall include: |
|
(1) any sales and use tax imposed by a political |
|
subdivision whose territory overlaps all or part of the district; |
|
(2) any sales and use tax to be imposed by a |
|
municipality or county as a result of an election held on the same |
|
date as the election held under Section 3867.352; and |
|
(3) any increase to an existing sales and use tax |
|
imposed by a municipality or county as a result of an election held |
|
on the same date as the election held under Section 3867.352. |
|
(e) This subsection applies only to a political subdivision |
|
that is not a municipality or county. If the voters of a political |
|
subdivision approve the adoption or increase of a sales and use tax |
|
at an election held on the same date as an election under Section |
|
3867.352, and after the board sets the district's initial tax rate |
|
under Subsection (a), the combined rate of all sales and use taxes |
|
imposed by the district and by other political subdivisions having |
|
territory in the district exceed the combined maximum rate |
|
prescribed by Section 321.101(f), Tax Code, the election held by |
|
the political subdivision on that date has no effect. |
|
(f) The board shall notify the comptroller of any changes |
|
made to the tax rate in the same manner the municipal secretary |
|
provides notice to the comptroller under Section 321.405(b), Tax |
|
Code. |
|
Sec. 3867.354. USE OF REVENUE. Revenue from the sales and |
|
use tax imposed under this subchapter is for the use and benefit of |
|
the district and may be used for any district purpose. The district |
|
may pledge all or part of the revenue to the payment of bonds, |
|
notes, or other obligations, and that pledge of revenue may be in |
|
combination with other revenue, including tax revenue, available to |
|
the district. |
|
Sec. 3867.355. ABOLITION OF TAX. (a) Except as provided by |
|
Subsection (b), the board may abolish the tax imposed under this |
|
subchapter without an election. |
|
(b) The board may not abolish the tax imposed under this |
|
subchapter if the district has outstanding debt secured by the tax |
|
and repayment of the debt would be impaired by the abolition of the |
|
tax. |
|
(c) If the board abolishes the tax, the board shall notify |
|
the comptroller of that action in the same manner the municipal |
|
secretary provides notice to the comptroller under Section |
|
321.405(b), Tax Code. |
|
(d) If the board abolishes the tax or decreases the tax rate |
|
to zero, a new election to authorize a sales and use tax must be held |
|
under Section 3867.352 before the district may subsequently impose |
|
the tax. |
|
[Sections 3867.356-3867.400 reserved for expansion] |
|
SUBCHAPTER H. HOTEL OCCUPANCY TAX |
|
Sec. 3867.401. DEFINITION. In this subchapter, "hotel" has |
|
the meaning assigned by Section 156.001, Tax Code. |
|
Sec. 3867.402. APPLICABILITY OF CERTAIN TAX CODE |
|
PROVISIONS. (a) In this subchapter: |
|
(1) a reference in Subchapter A, Chapter 352, Tax |
|
Code, to a county is a reference to the district; and |
|
(2) a reference in Subchapter A, Chapter 352, Tax |
|
Code, to the commissioners court is a reference to the board. |
|
(b) Except as inconsistent with this subchapter, Subchapter |
|
A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized |
|
by this subchapter, including the collection of the tax, subject to |
|
the limitations prescribed by Sections 352.002(b) and (c), Tax |
|
Code. |
|
Sec. 3867.403. TAX AUTHORIZED; USE OF REVENUE. The |
|
district may impose a hotel occupancy tax for any district purpose, |
|
including to: |
|
(1) operate and maintain the district; |
|
(2) construct or acquire improvements; and |
|
(3) provide a service. |
|
Sec. 3867.404. TAX RATE. (a) The amount of the hotel |
|
occupancy tax may not exceed seven percent of the price paid for a |
|
room in a hotel. |
|
Sec. 3867.405. INFORMATION. The district may examine and |
|
receive information related to the imposition of hotel occupancy |
|
taxes to the same extent as if the district were a county. |
|
[Sections 3867.406-3867.450 reserved for expansion] |
|
SUBCHAPTER I. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
|
Sec. 3867.451. DIVISION OF DISTRICT; PREREQUISITES. (a) |
|
The district may be divided into two or more new districts only if |
|
the district: |
|
(1) has no outstanding bonded debt; |
|
(2) is not imposing ad valorem taxes; and |
|
(3) complies with Subsection (b), if applicable. |
|
(b) This subsection applies only to a district located |
|
wholly or partly in the corporate limits or the extraterritorial |
|
jurisdiction of a municipality. Before the district may divide |
|
under this subchapter, the district must provide each municipality |
|
and each county in which the district is wholly or partly located a |
|
copy of the order under Section 3867.454. |
|
Sec. 3867.452. LAW APPLICABLE TO NEW DISTRICT. This |
|
chapter applies to any new district created by division of the |
|
district, and a new district has all the powers and duties of the |
|
district. |
|
Sec. 3867.453. LIMITATION ON AREA OF NEW DISTRICT. A new |
|
district created by the division of the district may not, at the |
|
time the new district is created, contain any land outside the area |
|
described by Section 2 of the Act enacting this chapter. |
|
Sec. 3867.454. DIVISION PROCEDURES. (a) The board, on its |
|
own motion or on receipt of a petition signed by the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district, may adopt an order dividing the district. |
|
(b) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
3867.251(b) to authorize the issuance of bonds payable from ad |
|
valorem taxes. |
|
(c) An order dividing the district must: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between the new districts. |
|
(d) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the Texas Commission on Environmental Quality and record the |
|
order in the real property records of each county in which the |
|
district is located. |
|
Sec. 3867.455. TAX OR BOND ELECTION. Before a new district |
|
created by the division of the district may impose a sales and use |
|
tax or an operation and maintenance tax or issue bonds payable |
|
wholly or partly from ad valorem taxes, the new district must hold |
|
an election as required by this chapter to obtain voter approval. |
|
[Sections 3867.456-3867.500 reserved for expansion] |
|
SUBCHAPTER J. MUNICIPAL ANNEXATION AND DISSOLUTION |
|
Sec. 3867.501. MUNICIPAL ANNEXATION. (a) The city may |
|
annex the district: |
|
(1) according to the terms specified in a consent |
|
agreement entered into by the city and the district; and |
|
(2) only after the district's development entity has |
|
been reimbursed to the extent allowed under: |
|
(A) Chapters 49 and 54, Water Code; and |
|
(B) the rules of the Texas Commission on |
|
Environmental Quality. |
|
(b) Sections 43.0561 and 43.0562, Local Government Code, do |
|
not apply to the annexation of the district. |
|
(c) A conveyance of real property in the district must be |
|
accompanied by a recorded notice to purchasers that describes the |
|
city's authority to annex the district when the conditions in |
|
Subsection (a) apply. |
|
Sec. 3867.502. CONTINUATION OF DISTRICT AFTER ANNEXATION. |
|
The district is not required to be dissolved if the city annexes the |
|
district. The district and the city may enter into a development |
|
agreement that authorizes the district to continue all or a portion |
|
of the district's operations after the city annexes the district. |
|
Sec. 3867.503. LIMITATION ON DISSOLUTION NOT APPLICABLE. |
|
Section 375.264, Local Government Code, does not apply to the |
|
dissolution of the district by a municipality. |
|
[Sections 3867.504-3867.550 reserved for expansion] |
|
SECTION 2. As of the effective date of this Act, the Rio de |
|
Vida Planning and Improvement District No. 1 includes all territory |
|
contained in the following described area: |
|
ALL THAT CERTAIN PARCEL OR TRACT OF LAND OUT OF THE REUBEN |
|
HORNSBY SURVEY NO. 17, JOSEPH DUTY SURVEY NO. 20 AND THE JOHN |
|
BURLESON SURVEY NO. 33, TRAVIS COUNTY, TEXAS; BEING ALL OF THE |
|
FOLLOWING TRACTS OF LAND AS CONVEYED TO TXI OPERATIONS, L.P. BY |
|
DEEDS RECORDED IN THE REAL PROPERTY RECORDS OF TRAVIS COUNTY, |
|
TEXAS: A 353.08-ACRE TRACT (TO BE KNOWN AS PARCEL 01-1) AND A |
|
65.12-ACRE TRACT (TO BE KNOWN AS PARCEL 01-2) IN VOLUME 12448, PAGE |
|
737 AND VOLUME 13170, PAGE 656; A 65.12-ACRE TRACT (TO BE KNOWN AS |
|
PARCEL 01-2) IN VOLUME 13170, PAGE 656; A 102.188-ACRE TRACT |
|
(PARCEL NO. 1) (TO BE KNOWN AS PARCEL 02-1), A 29.008-ACRE TRACT |
|
(PARCEL NO. 2) (TO BE KNOWN AS PARCEL 02-2) AND A 10.743-ACRE TRACT |
|
(PARCEL NO. 3) (TO BE KNOWN AS PARCEL 02-3) IN VOLUME 12593, PAGE |
|
2001; A 22.911-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 04-1) IN |
|
VOLUME 11985, PAGE 1238 AND VOLUME 13170, PAGE 656; A 19.253-ACRE |
|
TRACT (PARCEL 3) (TO BE KNOWN AS PARCEL 05-1), A 4.591-ACRE TRACT |
|
(PARCEL 1) (TO BE KNOWN AS PARCEL 06-1) AND A 16.931-ACRE TRACT |
|
(PARCEL 2) (TO BE KNOWN AS PARCEL 06-2) IN VOLUME 13304, PAGE 3306; |
|
A 52.487-ACRE TRACT (TO BE KNOWN AS PARCEL 08-1) IN VOLUME 13088, |
|
PAGE 429; A PORTION OF A 6.605-ACRE TRACT (TRACT 1) (TO BE KNOWN AS |
|
PARCEL 08-2) AND A 5.411-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL |
|
12-1) IN VOLUME 13088, PAGE 421; A 51.32-ACRE TRACT (TO BE KNOWN AS |
|
PARCEL 10-1) IN VOLUME 12703, PAGE 411 AND VOLUME 13170, PAGE 656; A |
|
6.262-ACRE TRACT (TO BE KNOWN AS PARCEL 11-1) IN VOLUME 12835, PAGE |
|
1489; A 22.967-ACRE TRACT (TO BE KNOWN AS PARCEL 13-1) IN VOLUME |
|
9872, PAGE 77 AND VOLUME 13170, PAGE 656; A 14.272-ACRE TRACT (TRACT |
|
8) (TO BE KNOWN AS PARCEL 14-1), A 21.100-ACRE TRACT (TRACT 9) (TO |
|
BE KNOWN AS PARCEL 15-1), A 32.738-ACRE TRACT (TRACT 17) (TO BE |
|
KNOWN AS PARCEL 17-1), A 8.051-ACRE TRACT (TRACT 12) (TO BE KNOWN AS |
|
PARCEL 18-1), A 9.744-ACRE TRACT (TRACT 13) (TO BE KNOWN AS PARCEL |
|
18-2), A 9.752-ACRE TRACT (TRACT 14) (TO BE KNOWN AS PARCEL 18-3), A |
|
15.981-ACRE TRACT (TRACT 15) (TO BE KNOWN AS PARCEL 18-4), A |
|
19.127-ACRE TRACT (TRACT 16) (TO BE KNOWN AS PARCEL 18-5), A |
|
10.274-ACRE TRACT (TRACT 10) (TO BE KNOWN AS PARCEL 21-1), A |
|
9.825-ACRE TRACT (TRACT 11) (TO BE KNOWN AS PARCEL 21-2), A PORTION |
|
OF A 44.586-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 23-1), A |
|
PORTION OF A 15.959-ACRE TRACT (TRACT 7) (TO BE KNOWN AS PARCEL |
|
23-2), A PORTION OF A 15.946-ACRE TRACT (TRACT 6) (TO BE KNOWN AS |
|
PARCEL 23-3) AND A PORTION OF A 14.135-ACRE TRACT (TRACT 3) (TO BE |
|
KNOWN AS PARCEL 28-1) IN VOLUME 12326, PAGE 1154 AND VOLUME 13170, |
|
PAGE 656; A 30.531-ACRE TRACT (TO BE KNOWN AS PARCEL 16-1) IN VOLUME |
|
10967, PAGE 1219 AND VOLUME 13170, PAGE 656; A 30.531-ACRE TRACT (TO |
|
BE KNOWN AS PARCEL 16-1) IN VOLUME 10967, PAGE 1219 AND VOLUME |
|
13170, PAGE 656; A 45.874-ACRE TRACT (TO BE KNOWN AS PARCEL 19-1) IN |
|
VOLUME 12270, PAGE 1633 AND VOLUME 13170, PAGE 656; A 13.853-ACRE |
|
TRACT (TO BE KNOWN AS PARCEL 20-1) IN VOLUME 12326, PAGE 1149 AND |
|
VOLUME 13170, PAGE 656; A PORTION OF A 32.403-ACRE TRACT (TRACT 4) |
|
(TO BE KNOWN AS PARCEL 22-1) AND A PORTION OF A 50.388-ACRE TRACT |
|
(TRACT 1) (TO BE KNOWN AS PARCEL 28-2) IN VOLUME 12326, PAGE 1109 |
|
AND VOLUME 13170, PAGE 656; AND A 83.838-ACRE TRACT (TO BE KNOWN AS |
|
PARCEL 27-1) IN VOLUME 11955, PAGE 972 AND VOLUME 13170, PAGE 656; |
|
AND ALSO BEING ALL OF THE FOLLOWING TRACTS OF LAND AS CONVEYED TO |
|
TXI OPERATIONS, L.P. BY DEEDS RECORDED IN THE OFFICIAL PUBLIC |
|
RECORDS OF TRAVIS COUNTY, TEXAS: A 49.994-ACRE TRACT (TRACT 1) (TO |
|
BE KNOWN AS PARCEL 03-1), A PORTION OF A 85.957-ACRE TRACT (TRACT 2) |
|
(TO BE KNOWN AS PARCEL 03-2), A PORTION OF A 41.043-ACRE TRACT |
|
(TRACT 3) (TO BE KNOWN AS PARCEL 03-3), A 69.542-ACRE TRACT (TRACT |
|
4) (TO BE KNOWN AS PARCEL 03-4), A 55.299-ACRE TRACT (TRACT 5) (TO |
|
BE KNOWN AS PARCEL 03-5), A PORTION OF A 33.214-ACRE TRACT (TO BE |
|
KNOWN AS PARCEL 03-6) AND A 39.355-ACRE TRACT (TRACT 6) (TO BE KNOWN |
|
AS PARCEL 03-7) IN DOCUMENT NO. 1999152526; A 223.497-ACRE TRACT |
|
(TO BE KNOWN AS PARCEL 07-1) IN DOCUMENT NO. 2005002939; A |
|
194.824-ACRE TRACT (TRACT A) (TO BE KNOWN AS PARCEL 09-1) AND A |
|
67.418-ACRE TRACT (TRACT B) (TO BE KNOWN AS PARCEL 09-2) IN DOCUMENT |
|
NO. 2005007841; PORTIONS OF A 101.697-ACRE TRACT (TRACT 1) AND A |
|
14.054-ACRE TRACT (TRACT 2) (TO BE KNOWN AS PARCEL 24-1) IN DOCUMENT |
|
NO. 1999148757; A 39.462-ACRE TRACT (TO BE KNOWN AS PARCEL 25-1) IN |
|
DOCUMENT NO. 2006133198; AND A 33.35-ACRE TRACT (TO BE KNOWN AS |
|
PARCEL 26-1) IN DOCUMENT NO. 2005007845; AND BEING MORE |
|
PARTICULARLY DESCRIBED IN FIVE (5) TRACTS BY METES AND BOUNDS AS |
|
FOLLOWS: |
|
TRACT 1 |
|
BEGINNING at a calculated point at the intersection of the |
|
north bank of the Colorado River and the east right-of-way line of |
|
State Highway No. 130, at the southwest corner of the |
|
above-described Parcel 09-1, for the southwest corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE, with the east right-of-way line of said State Highway |
|
No. 130, the following seven (7) courses: |
|
1) N08°37'24"W a distance of 537.28 feet to a calculated |
|
angle point; |
|
2) N01°34'38"W a distance of 3,468.10 feet to a calculated |
|
angle point; |
|
3) N59°15'05"E a distance of 166.15 feet to a calculated |
|
angle point; |
|
4) N08°13'09"E a distance of 547.29 feet to a calculated |
|
angle point; |
|
5) N52°30'09"W a distance of 138.99 feet to a calculated |
|
non-tangent point of curvature of a curve to the right; |
|
6) Along said curve to the right an arc distance of 1,274.92 |
|
feet, having a radius of 3,458.72 feet, and a chord which bears |
|
N19°25'33"E a distance of 1,267.71 feet to a calculated point of |
|
tangency; and |
|
7) N29°59'08"E a distance of 421.69 feet to a calculated |
|
point at the northwest corner of said Parcel 09-1; |
|
THENCE, with the north line of said Parcel 09-1, the |
|
following three (3) courses: |
|
1) S60°37'51"E a distance of 116.20 feet to a to a calculated |
|
point; |
|
2) N29°22'09"E a distance of 83.70 feet to a calculated |
|
point; and |
|
3) S60°41'35"E a distance of 416.71 feet to a calculated |
|
point on the west line of the above-described Parcel 01-1 at the |
|
most northerly northeast corner of said Parcel 09-1; |
|
THENCE, with the west line of said Parcel 01-1, the following |
|
five (5) courses: |
|
1) N27°20'56"E a distance of 39.85 feet to a calculated angle |
|
point; |
|
2) N49°43'26"E a distance of 65.85 feet to a calculated angle |
|
point; |
|
3) N27°21'16"E a distance of 619.40 feet to a calculated |
|
point at an inside corner of said Parcel 01-1; |
|
4) N62°38'24"W a distance of 5.00 feet to a calculated point |
|
at an outside corner of said Parcel 01-1; and |
|
5) N27°21'36"E a distance of 617.35 feet to a calculated |
|
point on the south line of the above-described Parcel 16-1 at the |
|
northwest corner of said Parcel 01-1; |
|
THENCE N62°22'51"W a distance of 40.60 feet to a calculated |
|
point on the east line of the above-described Parcel 23-1; |
|
THENCE, with the east line of said Parcel 23-1, the following |
|
four (4) courses: |
|
1) S27°22'35"W a distance of 618.29 feet to a calculated |
|
point for an outside corner of said Parcel 23-1; |
|
2) N62°37'49"W a distance of 5.00 feet to a calculated point |
|
for an inside corner of said Parcel 23-1; |
|
3) S27°22'11"W a distance of 618.51 feet to a calculated |
|
angle point; and |
|
4) S73°40'29"W a distance of 69.55 feet to a calculated point |
|
at the southeast corner of said Parcel 23-1; |
|
THENCE, with the south line of said Parcel 23-1, N60°41'02"W a |
|
distance of 339.91 feet to a calculated point on the east |
|
right-of-way line of State Highway No. 130 at the southwest corner |
|
of said Parcel 23-1; |
|
THENCE, with the east right-of-way line of said State Highway |
|
No. 130, the following three (3) courses: |
|
1) N30°02'29"E a distance of 1,101.68 feet to a calculated |
|
angle point; |
|
2) N20°27'12"E a distance of 2,012.40 feet to a calculated |
|
angle point; and |
|
3) N27°27'12"E a distance of 432.97 feet to a calculated |
|
point at the northwest corner of the above-described Parcel 23-3; |
|
THENCE, with the north line of said Parcel 23-3, S62°04'21"E a |
|
distance of 608.26 feet to a calculated point on the west line of |
|
the above-described Parcel 14-1 at the northeast corner of said |
|
Parcel 23-3; |
|
THENCE, with the west line of said Parcel 14-1, N27°45'52"E a |
|
distance of 393.68 feet to a calculated point at the northwest |
|
corner of said Parcel 14-1, also being the most westerly southwest |
|
corner of the above-described Parcel 01-2; |
|
THENCE, with the west line of said Parcel 01-2, N28°07'17"E a |
|
distance of 224.92 feet to a calculated point at the southeast |
|
corner of the above-described Parcel 24-1; |
|
THENCE, with the south line of said Parcel 24-1, N62°34'20"W a |
|
distance of 613.00 feet to a calculated point on the east |
|
right-of-way line of said State Highway No. 130 at the southwest |
|
corner of said Parcel 24-1; |
|
THENCE, with the east right-of-way line of said State Highway |
|
No. 130, the following nine (9) courses: |
|
1) N27°27'12"E a distance of 1,672.04 feet to a calculated |
|
angle point; |
|
2) N32°27'12"E a distance of 1,894.71 feet to a calculated |
|
angle point; |
|
3) N29°36'58"E a distance of 516.40 feet to a calculated |
|
point; |
|
4) S61°16'47"E a distance of 91.29 feet to a calculated |
|
point; |
|
5) N33°24'29"E a distance of 576.93 feet to a calculated |
|
point; |
|
6) N61°16'47"W a distance of 126.37 feet to a calculated |
|
point; |
|
7) N26°30'22"E a distance of 430.28 feet to a calculated |
|
point; |
|
8) N61°16'47"W a distance of 56.58 feet to a calculated |
|
point; and |
|
9) N27°27'30"E a distance of 956.84 feet to a calculated |
|
point at the intersection with the south right-of-way line of FM |
|
Highway No. 969, also being the northwest corner of said Parcel |
|
24-1; |
|
THENCE, with the south right-of-way line of said FM Highway |
|
No. 969, the following six (6) courses: |
|
1) S64°07'08"E a distance of 395.49 feet to a calculated |
|
point; |
|
2) S22°48'20"W a distance of 61.04 feet to a calculated |
|
point; |
|
3) S67°11'40"E a distance of 110.00 feet to a calculated |
|
point; |
|
4) N22°48'20"E a distance of 60.54 feet to a calculated |
|
point; |
|
5) S77°33'00"E a distance of 201.73 feet to a calculated |
|
angle point; and |
|
6) S65°03'31"E a distance of 381.97 feet to a calculated |
|
point at the northeast corner of the above-described Parcel 08-2; |
|
THENCE, with the east line of said Parcel 08-2, S12°49'01"W a |
|
distance of 1,365.75 feet to a calculated point at an inside corner |
|
of the above-described Parcel 02-1; |
|
THENCE, with the north line of said Parcel 02-1, S62°34'57"E a |
|
distance of 947.19 feet to a calculated point at the most easterly |
|
northeast corner of said Parcel 02-1; |
|
THENCE, with the east line of said Parcel 02-1, S27°12'42"W a |
|
distance of 1,350.79 feet to a calculated angle point; |
|
THENCE, continuing with the east line of said Parcel 02-1, |
|
S27°42'57"W a distance of 1,658.43 feet to a calculated point at the |
|
northeast corner of said Parcel 01-2; |
|
THENCE, with the east line of said Parcel 01-2, S27°36'56"W a |
|
distance of 1,486.26 feet to a calculated point at an outside corner |
|
of said Parcel 01-2 on the north line of the above-described Parcel |
|
04-1; |
|
THENCE, with the north line of said Parcel 04-1, S62°13'13"E a |
|
distance of 697.01 feet to a calculated point at the northeast |
|
corner of said Parcel 04-1, also being the northwest corner of the |
|
above-described Parcel 19-1; |
|
THENCE, with the north line of said Parcel 19-1, S62°14'53"E a |
|
distance of 461.49 feet to a calculated point at the southwest |
|
corner of the above-described Parcel 10-1; |
|
THENCE, with the west line of said Parcel 10-1, N27°49'54"E a |
|
distance of 3,150.15 feet to a calculated point at the northwest |
|
corner of said Parcel 10-1; |
|
THENCE, with the north line of said Parcel 10-1, S62°43'06"E a |
|
distance of 710.22 feet to a calculated point at the northeast |
|
corner of said Parcel 10-1; |
|
THENCE, with the east line of said Parcel 10-1, S27°52'34"W a |
|
distance of 3,156.02 feet to a calculated point at the southeast |
|
corner of said Parcel 10-1, also being the northwest corner of the |
|
above-described Parcel 06-1; |
|
THENCE, with the north line of said Parcel 06-1, S61°04'03"E a |
|
distance of 289.04 feet to a calculated point at the northwest |
|
corner of the above-described Parcel 12-1; |
|
THENCE, with the north line of said Parcel 12-1, S63°22'55"E a |
|
distance of 457.28 feet to a calculated point at the northwest |
|
corner of the above-described Parcel 06-2; |
|
THENCE, with the north line of said Parcel 06-2, S64°42'36"E a |
|
distance of 378.00 feet to a calculated point at the northwest |
|
corner of the above-described Parcel 20-1; |
|
THENCE, with the north line of said Parcel 20-1, S70°09'59"E a |
|
distance of 400.67 feet to a calculated point at the northwest |
|
corner of the above-described Parcel 02-3; |
|
THENCE, with the north line of said Parcel 02-3, the |
|
following three (3) courses: |
|
1) S67°05'07"E a distance of 104.58 feet to a calculated |
|
angle point; |
|
2) S53°35'54"E a distance of 105.83 feet to a calculated |
|
angle point; and |
|
3) S55°41'48"E a distance of 206.91 feet to a calculated |
|
point at the northeast corner of said Parcel 02-3; |
|
THENCE, with the east line of said Parcel 02-3, S28°01'49"W a |
|
distance of 899.00 feet to a calculated point on the north bank of |
|
the Colorado River at the southeast corner of said Parcel 02-3; |
|
THENCE, with the meanders of the north bank of the Colorado |
|
River, the following fifty-nine (59) courses: |
|
1) S78°57'26"W a distance of 265.40 feet to a calculated |
|
point; |
|
2) S58°33'04"W a distance of 403.36 feet to a calculated |
|
point; |
|
3) S27°53'07"W a distance of 24.17 feet to a calculated |
|
point; |
|
4) S73°19'34"W a distance of 179.78 feet to a calculated |
|
point; |
|
5) S80°40'33"W a distance of 284.45 feet to a calculated |
|
point; |
|
6) N26°28'28"E a distance of 20.96 feet to a calculated |
|
point; |
|
7) S75°36'26"W a distance of 293.31 feet to a calculated |
|
point; |
|
8) S86°20'34"W a distance of 84.16 feet to a calculated |
|
point; |
|
9) S79°42'18"W a distance of 141.79 feet to a calculated |
|
point; |
|
10) S27°00'43"W a distance of 26.90 feet to a calculated |
|
point; |
|
11) S78°05'41"W a distance of 99.68 feet to a calculated |
|
point; |
|
12) S71°38'12"W a distance of 426.53 feet to a calculated |
|
point; |
|
13) S58°35'29"W a distance of 276.51 feet to a calculated |
|
point; |
|
14) S24°20'35"W a distance of 359.58 feet to a calculated |
|
point; |
|
15) S08°24'01"W a distance of 300.61 feet to a calculated |
|
point; |
|
16) S07°37'34"E a distance of 185.37 feet to a calculated |
|
point; |
|
17) S02°25'49"E a distance of 59.41 feet to a calculated |
|
point; |
|
18) S01°21'36"W a distance of 38.60 feet to a calculated |
|
point; |
|
19) S08°00'24"E a distance of 41.40 feet to a calculated |
|
point; |
|
20) S09°09'36"W a distance of 373.90 feet to a calculated |
|
point; |
|
21) S31°59'36"W a distance of 107.30 feet to a calculated |
|
point; |
|
22) S18°00'36"W a distance of 293.50 feet to a calculated |
|
point; |
|
23) S30°25'36"W a distance of 112.00 feet to a calculated |
|
point; |
|
24) S10°51'36"W a distance of 634.90 feet to a calculated |
|
point; |
|
25) S02°34'36"W a distance of 30.70 feet to a calculated |
|
point; |
|
26) S59°28'24"E a distance of 57.10 feet to a calculated |
|
point; |
|
27) S03°40'24"E a distance of 310.40 feet to a calculated |
|
point; |
|
28) S16°21'36"W a distance of 278.50 feet to a calculated |
|
point; |
|
29) S17°53'36"W a distance of 322.40 feet to a calculated |
|
point; |
|
30) S32°29'36"W a distance of 792.30 feet to a calculated |
|
point; |
|
31) S18°11'36"W a distance of 184.90 feet to a calculated |
|
point; |
|
32) N63°10'34"W a distance of 44.96 feet to a calculated |
|
point; |
|
33) S19°04'38"W a distance of 21.49 feet to a calculated |
|
point; |
|
34) S27°17'38"W a distance of 190.50 feet to a calculated |
|
point; |
|
35) S23°12'38"W a distance of 266.20 feet to a calculated |
|
point; |
|
36) S33°52'38"W a distance of 191.10 feet to a calculated |
|
point; |
|
37) S61°12'38"W a distance of 280.40 feet to a calculated |
|
point; |
|
38) S63°15'38"W a distance of 345.10 feet to a calculated |
|
point; |
|
39) S72°35'38"W a distance of 285.20 feet to a calculated |
|
point; |
|
40) N85°31'22"W a distance of 165.00 feet to a calculated |
|
point; |
|
41) N72°50'22"W a distance of 150.00 feet to a calculated |
|
point; |
|
42) N10°15'22"W a distance of 135.80 feet to a calculated |
|
point; |
|
43) N04°17'22"W a distance of 37.00 feet to a calculated |
|
point; |
|
44) N38°51'22"W a distance of 391.50 feet to a calculated |
|
point; |
|
45) N12°14'22"W a distance of 40.00 feet to a calculated |
|
point; |
|
46) N07°15'38"E a distance of 183.00 feet to a calculated |
|
point; |
|
47) S47°45'38"W a distance of 386.10 feet to a calculated |
|
point; |
|
48) S75°54'39"W a distance of 102.43 feet to a calculated |
|
point; |
|
49) S71°46'05"W a distance of 154.03 feet to a calculated |
|
point; |
|
50) S65°38'42"W a distance of 430.32 feet to a calculated |
|
point; |
|
51) S49°58'20"W a distance of 207.45 feet to a calculated |
|
point; |
|
52) S47°30'01"W a distance of 581.94 feet to a calculated |
|
point; |
|
53) S58°05'16"W a distance of 199.26 feet to a calculated |
|
point; |
|
54) S55°02'26"W a distance of 168.25 feet to a calculated |
|
point; |
|
55) S66°49'36"W a distance of 424.33 feet to a calculated |
|
point; |
|
56) S70°27'05"W a distance of 178.44 feet to a calculated |
|
point; |
|
57) S73°49'29"W a distance of 103.82 feet to a calculated |
|
point; |
|
58) S85°43'30"W a distance of 78.52 feet to a calculated |
|
point; and |
|
59) S78°29'14"W a distance of 59.80 feet to the POINT OF |
|
BEGINNING, and containing 1,370 acres of land, more or less. |
|
TRACT 2 |
|
BEGINNING at a calculated point at the intersection of the |
|
north bank of the Colorado River and the west right-of-way line of |
|
State Highway No. 130, at the southeast corner of the |
|
above-described Parcel 03-2, for the southeast corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE, with the meanders of the north bank of the Colorado |
|
River, the following twenty-two (22) courses: |
|
1) S76°37'38"W a distance of 1.87 feet to a calculated point; |
|
2) S72°53'53"W a distance of 518.11 feet to a calculated |
|
point; |
|
3) S75°14'11"W a distance of 517.88 feet to a calculated |
|
point; |
|
4) S70°55'05"W a distance of 289.38 feet to a calculated |
|
point; |
|
5) S81°58'40"W a distance of 118.79 feet to a calculated |
|
point; |
|
6) S63°21'33"W a distance of 277.07 feet to a calculated |
|
point; |
|
7) S49°47'25"W a distance of 47.81 feet to a calculated |
|
point; |
|
8) S64°43'53"W a distance of 353.97 feet to a calculated |
|
point; |
|
9) S62°39'35"W a distance of 626.81 feet to a calculated |
|
point; |
|
10) S72°28'38"W a distance of 203.07 feet to a calculated |
|
point; |
|
11) S85°12'41"W a distance of 191.20 feet to a calculated |
|
point; |
|
12) N89°48'48"W a distance of 82.77 feet to a calculated |
|
point; |
|
13) N83°17'50"W a distance of 141.54 feet to a calculated |
|
point; |
|
14) N83°16'30"W a distance of 332.35 feet to a calculated |
|
point; |
|
15) N72°21'14"W a distance of 159.08 feet to a calculated |
|
point; |
|
16) N80°26'48"W a distance of 189.39 feet to a calculated |
|
point; |
|
17) N79°57'59"W a distance of 91.38 feet to a calculated |
|
point; |
|
18) S85°50'53"W a distance of 69.91 feet to a calculated |
|
point; |
|
19) N78°28'45"W a distance of 123.84 feet to a calculated |
|
point; |
|
20) N68°18'10"W a distance of 159.21 feet to a calculated |
|
point; |
|
21) N80°39'08"W a distance of 135.80 feet to a calculated |
|
point; and |
|
22) S78°59'06"W a distance of 43.91 feet to a calculated |
|
point at the intersection with the east right-of-way line of FM |
|
Highway No. 973, also being the most southerly southwest corner of |
|
the above-described Parcel 03-5; |
|
THENCE, with the east right-of-way line of said FM Highway |
|
No. 973, N10°21'00"E a distance of 147.12 feet to a calculated point |
|
of curvature of a curve to the left; |
|
THENCE, continuing with the east right-of-way line, along |
|
said curve to the left an arc distance of 623.12 feet, having a |
|
radius of 622.94 feet, and a chord which bears N18°18'22"W a |
|
distance of 597.46 feet to a calculated point at the most westerly |
|
southwest corner of said Parcel 03-5; |
|
THENCE, with the west line of said Parcel 03-5, N27°38'58"E a |
|
distance of 2,173.14 feet to a calculated point at the northwest |
|
corner of said Parcel 03-5; |
|
THENCE, with the north line of said Parcel 03-5, S62°35'52"E a |
|
distance of 953.15 feet to a calculated point in the west line of |
|
the above-described Parcel 03-7 at the northeast corner of said |
|
Parcel 03-5; |
|
THENCE, with the west line of said Parcel 03-7, N27°51'48"E a |
|
distance of 830.67 feet to a calculated angle point; |
|
THENCE, continuing with the west line of said Parcel 03-7, |
|
N27°04'22"E a distance of 660.77 feet to a calculated angle point; |
|
THENCE, with the west line of the above-described Parcel |
|
03-01, N27°16'45"E a distance of 2,498.68 feet to a calculated point |
|
at the northwest corner of said Parcel 03-1, also being the |
|
southwest corner of the above-described Parcel 28-2; |
|
THENCE, with the west line of said Parcel 28-2, the following |
|
five (5) courses: |
|
1) N23°25'44"E a distance of 14.81 feet to a calculated angle |
|
point; |
|
2) N27°12'18"E a distance of 110.07 feet to a calculated |
|
angle point; |
|
3) N27°08'13"E a distance of 109.97 feet to a calculated |
|
angle point; |
|
4) N27°14'30"E a distance of 114.81 feet to a calculated |
|
angle point; and |
|
5) N27°12'49"E a distance of 7.53 feet to a calculated point |
|
at the southeast corner of the above-described Parcel 27-1; |
|
THENCE, with the south line of said Parcel 27-1, N62°40'24"W a |
|
distance of 1,722.95 feet to a calculated point on the east |
|
right-of-way line of FM Highway No. 973 at the southwest corner of |
|
said Parcel 27-1; |
|
THENCE, with the east right-of-way line of said FM Highway |
|
No. 973, N27°14'18"E a distance of 2,115.67 feet to a calculated |
|
point at the intersection with the south right-of-way line of |
|
Harold Green Road at the northwest corner of said Parcel 27-1; |
|
THENCE, with the south right-of-way line of said Harold Green |
|
Road, S62°58'47"E a distance of 1,685.22 feet to a calculated angle |
|
point; |
|
THENCE, continuing with the south right-of-way line of said |
|
Harold Green Road, S49°54'08"E a distance of 37.29 feet to a |
|
calculated point at the intersection with the west right-of-way |
|
line of State Highway No. 130 at the northeast corner of said Parcel |
|
27-1; |
|
THENCE, with the west right-of-way line of said State Highway |
|
No. 130, the following six (6) courses: |
|
1) S27°10'40"W a distance of 207.10 feet to a calculated |
|
point at the northwest corner of said Parcel 28-2; |
|
2) S60°00'52"E a distance of 291.88 feet to a calculated |
|
point at the northeast corner of said Parcel 28-2; |
|
3) S29°59'08"W a distance of 908.52 feet to a calculated |
|
angle point; |
|
4) S12°44'41"W a distance of 849.11 feet to a calculated |
|
angle point; |
|
5) S18°15'23"E a distance of 401.53 feet to a calculated |
|
angle point; and |
|
6) S01°34'38"E a distance of 4,793.91 feet to the POINT OF |
|
BEGINNING, and containing 446 acres of land, more or less. |
|
TRACT 3 |
|
BEGINNING at a calculated point on the west right-of-way line |
|
of FM Highway No. 973 at the northeast corner of the above-described |
|
Parcel 03-4, for the northeast corner and POINT OF BEGINNING of the |
|
herein described tract; |
|
THENCE, with the west right-of-way line of said FM Highway |
|
No. 973, S27°14'18"W a distance of 3,646.01 feet to a calculated |
|
point at the southeast corner of said Parcel 03-4; |
|
THENCE, with the south line of said Parcel 03-4, N62°56'53"W a |
|
distance of 837.14 feet to a calculated point at the southwest |
|
corner of said Parcel 03-4; |
|
THENCE, with the west line of said Parcel 03-4, the following |
|
three (3) courses: |
|
1) N27°31'25"E a distance of 340.08 feet to a calculated |
|
angle point; |
|
2) N27°26'49"E a distance of 1,634.23 feet to a calculated |
|
angle point; and |
|
3) N27°36'28"E a distance of 1,688.35 feet to a calculated |
|
point at the northwest corner of said Parcel 03-4; |
|
THENCE, with the north line of said Parcel 03-4, S61°47'25"E a |
|
distance of 818.72 feet to the POINT OF BEGINNING, and containing 69 |
|
acres of land, more or less. |
|
TRACT 4 |
|
BEGINNING at a calculated point on the east right-of-way line |
|
of FM Highway No. 973 at the northwest corner of the above-described |
|
Parcel 11-1, for the most westerly northwest corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE, with the north line of said Parcel 11-1, S62°59'56"E a |
|
distance of 1,705.04 feet to a calculated point on the west line of |
|
the above-described Parcel 22-1 at the northeast corner of said |
|
Parcel 11-1; |
|
THENCE, with the west line of said Parcel 22-1, N27°24'34"E a |
|
distance of 854.85 feet to a calculated point on the west |
|
right-of-way line of State Highway No. 130 at the northwest corner |
|
of said Parcel 22-1; |
|
THENCE, with the west right-of-way line of said State Highway |
|
No. 130, the following six (6) courses: |
|
1) S62°02'37"E a distance of 70.21 feet to a calculated point |
|
at the northeast corner of said Parcel 22-1; |
|
2) S12°37'58"W a distance of 1,453.45 feet to a calculated |
|
point of curvature of a curve to the right; |
|
3) Along said curve to the right an arc distance of 557.08 |
|
feet, having a radius of 1813.67 feet, and a chord which bears |
|
S22°23'39"W a distance of 554.89 feet to a calculated point of |
|
tangency; |
|
4) S31°31'30"W a distance of 319.97 feet to a calculated |
|
point at the southeast corner of the above-described Parcel 23-1; |
|
5) N87°37'11"W a distance of 71.61 feet to a calculated angle |
|
point; and |
|
6) N62°35'47"W a distance of 400.24 feet to a calculated |
|
point at the southwest corner of said Parcel 23-1; |
|
THENCE, with the west lines of Parcels 23-1, 28-1 and 22-1, |
|
N27°24'44"E a distance of 1,293.45 feet to a calculated point at the |
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southeast corner of said Parcel 11-1; |
|
THENCE, with the south line of said Parcel 11-1, N62°59'56"W a |
|
distance of 1,705.16 feet to a calculated point on the east |
|
right-of-way line of said FM Highway No. 973 at the southwest corner |
|
of said Parcel 11-1; |
|
THENCE, with the east right-of-way line of said FM Highway |
|
No. 973, N26°57'04"E a distance of 160.00 feet to the POINT OF |
|
BEGINNING, and containing 24 acres of land, more or less. |
|
TRACT 5 |
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BEGINNING at a 1/2" iron rod found on the east right-of-way |
|
line of FM Highway No. 973 at the northwest corner of the |
|
above-described Parcel 07-1, for the northwest corner and POINT OF |
|
BEGINNING of the herein described tract; |
|
THENCE, with the north line of said Parcel 07-1, S63°23'23"E a |
|
distance of 1,720.22 feet to a calculated point at the northeast |
|
corner of said Parcel 07-1; |
|
THENCE, with the east line of said Parcel 07-1, a portion of |
|
said line also being the west right-of-way line of said State |
|
Highway No. 130, S27°27'34"W a distance of 5,047.34 feet to a |
|
calculated angle point; |
|
THENCE, continuing with the west right-of-way line of said |
|
State Highway No. 130, S27°52'12"W a distance of 588.10 feet to a |
|
calculated point at the southeast corner of said Parcel 07-1; |
|
THENCE, with the south line of said Parcel 07-1, N63°23'09"W a |
|
distance of 1,723.19 feet to a 1/2" iron rod found with cap marked |
|
"Brooks-Baker" on the east right-of-way line of said FM Highway No. |
|
973 at the southwest corner of said Parcel 07-1; |
|
THENCE, with the east right-of-way line of said FM Highway |
|
No. 973, the following three (3) courses: |
|
1) N27°00'51"E a distance of 790.98 feet to a calculated |
|
angle point; |
|
2) N27°35'51"E a distance of 4,186.86 feet to a calculated |
|
angle point; and |
|
3) N27°44'31"E a distance of 657.55 feet to the POINT OF |
|
BEGINNING, and containing 223 acres of land, more or less. |
|
The gross area contained within Tracts 1, 2, 3, 4 and 5 totals |
|
2,132 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, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2011. |