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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 Bridgeland Management District; |
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providing authority to levy an assessment, impose a tax, and issue |
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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 3901 to read as follows: |
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CHAPTER 3901. BRIDGELAND MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3901.001. 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 Houston, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "County" means Harris County. |
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(5) "Director" means a board member. |
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(6) "District" means the Bridgeland Management |
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District. |
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Sec. 3901.002. 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. 3901.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 3901.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 3901.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 3901.005. 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, the legislature has established |
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a program to accomplish the public purposes set out in Sections 52 |
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and 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city, the county, or another |
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governmental entity from providing the level of services provided |
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as of the effective date of the Act enacting this chapter to the |
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area in the district. The district is created to supplement and not |
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to supplant governmental services provided in the district. |
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Sec. 3901.006. 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, road facilities, and |
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recreational facilities and by landscaping and developing certain |
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areas, which are necessary for the restoration, preservation, and |
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enhancement of 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. 3901.007. DISTRICT TERRITORY. (a) The district is |
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initially composed of the territory described by Section 2 of the |
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Act enacting this chapter, as that territory may have been modified |
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under Section 3901.114 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 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, note, or other |
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obligation for a purpose for which the district is created or to pay |
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the 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. 3901.008. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) an industrial district created under Chapter 42, |
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Local Government Code. |
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Sec. 3901.009. 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. 3901.010. 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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Sec. 3901.011. CONFLICTS OF LAW. This chapter prevails |
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over any provision of general law, including a provision of Chapter |
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375, Local Government Code, that is in conflict or inconsistent |
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with this chapter. |
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[Sections 3901.012-3901.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3901.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors elected or appointed as |
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provided by this chapter and Subchapter D, Chapter 49, Water Code. |
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(b) Except as provided by Section 3901.053, directors serve |
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staggered four-year terms. |
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Sec. 3901.052. 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. 3901.053. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
|
directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3901.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
|
Section 3901.003 and the terms of the temporary directors have |
|
expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 3901.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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(e) This section expires September 1, 2019. |
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[Sections 3901.054-3901.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3901.101. 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. 3901.102. IMPROVEMENT PROJECTS AND SERVICES. (a) 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 or |
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under Chapter 375, Local Government Code. |
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(b) An improvement project described by Subsection (a) may |
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be located inside or outside the district. |
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Sec. 3901.103. RECREATIONAL FACILITIES. The district may |
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develop or finance recreational facilities as authorized by Chapter |
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375, Local Government Code, Sections 52 and 52-a, Article III, |
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Texas Constitution, and any other law that applies to the district. |
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Sec. 3901.104. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds, notes, or other |
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obligations for, improve, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
|
or paved roads or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 3901.105. CONVEYANCE AND APPROVAL OF ROAD PROJECT. |
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(a) The district shall convey a road project authorized by Section |
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3901.104 to: |
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(1) the municipality or county that will operate and |
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maintain the road if the municipality or county has approved the |
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plans and specifications of the road project; or |
|
(2) the state if the state will operate and maintain |
|
the road and the Texas Transportation Commission has approved the |
|
plans and specifications of the road project. |
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(b) Except as provided by Subsection (c), the district shall |
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operate and maintain a road project authorized by Section 3901.104 |
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that the district implements and is not approved by a municipality, |
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a county, or this state under Subsection (a). |
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(c) The district may agree in writing with a municipality, a |
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county, or this state to assign operation and maintenance duties to |
|
the district, the municipality, the county, or this state in a |
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manner other than the manner described in Subsections (a) and (b). |
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Sec. 3901.106. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
|
Government Code, including the power to own, operate, acquire, |
|
construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3901.107. 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 |
|
government corporation created under Subchapter D, Chapter 431, |
|
Transportation Code; and |
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(2) may implement any project and provide any service |
|
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 |
|
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. 3901.108. 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 |
|
function or service for the purposes of Chapter 791, Government |
|
Code. |
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Sec. 3901.109. 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. |
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Sec. 3901.110. 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. 3901.111. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
|
purposes of the district. |
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(b) The district may establish and provide for the |
|
administration of one or more programs to promote state or local |
|
economic development and to stimulate business and commercial |
|
activity in the district, including programs to: |
|
(1) make loans and grants of public money; and |
|
(2) provide district personnel and services. |
|
(c) The district may create economic development programs |
|
and exercise the economic development powers that: |
|
(1) Chapter 380, Local Government Code, provides to a |
|
municipality; and |
|
(2) Subchapter A, Chapter 1509, Government Code, |
|
provides to a municipality. |
|
Sec. 3901.112. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
|
partnership agreement with the city under Section 43.0751, Local |
|
Government Code. |
|
Sec. 3901.113. REGIONAL PARTICIPATION AGREEMENT. The |
|
district may negotiate and enter into a written regional |
|
participation agreement with the city under Section 43.0754, Local |
|
Government Code. |
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Sec. 3901.114. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
|
Water Code. |
|
(b) The district may exclude land as provided by Subchapter |
|
J, Chapter 49, Water Code. Section 375.044(b), Local Government |
|
Code, does not apply to the district. |
|
(c) The district may include and exclude land as provided by |
|
Sections 54.739-54.747, Water Code. |
|
Sec. 3901.115. FIREFIGHTING AND EMERGENCY MEDICAL |
|
SERVICES. Subchapter L, Chapter 49, Water Code, applies to the |
|
district. |
|
Sec. 3901.116. APPLICABILITY OF OTHER LAW TO CERTAIN |
|
CONTRACTS. (a) Subchapter I, Chapter 49, Water Code, applies to a |
|
district contract for construction work, equipment, materials, or |
|
machinery. The district may use a project delivery method |
|
described by Subchapter I, Chapter 49, Water Code, or Subchapter H, |
|
Chapter 271, Local Government Code. |
|
(b) Sections 375.221 and 375.223, Local Government Code, do |
|
not apply to the district. |
|
Sec. 3901.117. TERMS OF EMPLOYMENT; COMPENSATION. The |
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board may employ and establish the terms of employment and |
|
compensation of an executive director or general manager and any |
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other district employees the board considers necessary. |
|
Sec. 3901.118. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
[Sections 3901.119-3901.150 reserved for expansion] |
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SUBCHAPTER C-1. PUBLIC TRANSIT SYSTEM AND PARKING FACILITIES |
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Sec. 3901.151. PUBLIC TRANSIT SYSTEM; PETITION REQUIRED. |
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(a) The district may acquire, lease as lessor or lessee, construct, |
|
develop, own, operate, and maintain a public transit system to |
|
serve the area in the district. |
|
(b) The board may not act under Subsection (a) unless a |
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written petition requesting the action has been filed with the |
|
board. |
|
(c) The petition must be signed by: |
|
(1) the owners of property representing a majority of |
|
the total assessed value of the real property in the district that |
|
abuts the right-of-way in which the public transit system is |
|
proposed to be located; or |
|
(2) the owners of a majority of the area of the real |
|
property in the district that abuts the right-of-way in which the |
|
public transit system is proposed to be located. |
|
(d) For purposes of Subsection (c), the determination of a |
|
majority is based on the property owners along the entire |
|
right-of-way of the proposed transit project and may not be |
|
calculated on a block-by-block basis. |
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Sec. 3901.152. PARKING FACILITIES. (a) The district may |
|
acquire, lease as lessor or lessee, construct, develop, own, |
|
operate, and maintain parking facilities or a system of parking |
|
facilities, including lots, garages, parking terminals, or other |
|
structures or accommodations for parking motor vehicles off the |
|
streets and related appurtenances. |
|
(b) The district's parking facilities serve the public |
|
purposes of the district and are owned, used, and held for a public |
|
purpose even if leased or operated by a private entity for a term of |
|
years. |
|
(c) The district's parking facilities are parts of and |
|
necessary components of a street and are considered to be a street |
|
or road improvement. |
|
(d) The development and operation of the district's parking |
|
facilities may be considered an economic development program. |
|
Sec. 3901.153. RULES. The district may adopt rules |
|
covering its public transit system or its public parking |
|
facilities, except that a rule relating to or affecting the use of |
|
the public right-of-way or a requirement for off-street parking is |
|
subject to all applicable county requirements. |
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Sec. 3901.154. FEES. The district may impose a fee for the |
|
use of the public transit system and associated parking facilities. |
|
Sec. 3901.155. AGREEMENT WITH RAPID TRANSIT AUTHORITY. (a) |
|
In this section, "authority" means a rapid transit authority |
|
created under Chapter 451, Transportation Code. |
|
(b) The district and an authority may agree to jointly |
|
construct, own, operate, and maintain a transit facility or a |
|
parking facility under the terms the authority and district desire. |
|
(c) The agreement may provide that the district and the |
|
authority exchange or trade land provided that each party to the |
|
agreement receives fair market value. The authority is not |
|
required to offer any property that it proposes to trade to the |
|
district for sale to the public or for sale to any abutting property |
|
owner. |
|
[Sections 3901.156-3901.200 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
|
Sec. 3901.201. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
|
The district may acquire, construct, finance, operate, maintain, or |
|
provide any improvement or service authorized under this chapter or |
|
Chapter 375, Local Government Code, using any money available to |
|
the district. |
|
Sec. 3901.202. PETITION REQUIRED FOR FINANCING SERVICES AND |
|
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
|
service or improvement project with assessments under this chapter |
|
unless a written petition requesting that service or improvement |
|
has been filed with the board. |
|
(b) The petition 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 50 persons who own real property in the |
|
district subject to assessment, if more than 50 persons own real |
|
property in the district according to the most recent certified tax |
|
appraisal roll for the county. |
|
Sec. 3901.203. METHOD OF NOTICE FOR HEARING. The district |
|
may mail the notice required by Section 375.115(c), Local |
|
Government Code, by certified or first class United States mail. |
|
The board shall determine the method of notice. |
|
Sec. 3901.204. 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. 3901.205. TAX AND ASSESSMENT ABATEMENTS. The district |
|
may designate reinvestment zones and may grant abatements of a tax |
|
or assessment on property in the zones. |
|
Sec. 3901.206. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS. |
|
The district may not impose an assessment on the property, |
|
including the equipment, rights-of-way, facilities, or |
|
improvements, of: |
|
(1) an electric utility or a power generation company |
|
as defined by Section 31.002, Utilities Code; |
|
(2) a gas utility as defined by Section 101.003 or |
|
121.001, Utilities Code; |
|
(3) a telecommunications provider as defined by |
|
Section 51.002, Utilities Code; or |
|
(4) a person who provides to the public cable |
|
television or advanced telecommunications services. |
|
Sec. 3901.207. AUTHORITY TO ISSUE BONDS AND OTHER |
|
OBLIGATIONS. (a) The district may issue by competitive bid or |
|
negotiated sale bonds, notes, or other obligations payable wholly |
|
or partly from taxes, assessments, fees, revenue, contract |
|
payments, grants, or other district money, or any combination of |
|
those sources of money, to pay for any authorized district purpose. |
|
(b) In addition to any other terms authorized by the board |
|
by bond order or resolution, the proceeds of the district's bonds |
|
may be used for a reserve fund, credit enhancement, or capitalized |
|
interest for the bonds. |
|
(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. 3901.208. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT |
|
OBLIGATIONS. Except as provided by Section 375.263, Local |
|
Government Code, a municipality is not required to pay a bond, note, |
|
or other obligation of the district. |
|
[Sections 3901.209-3901.250 reserved for expansion] |
|
SUBCHAPTER E. SALES AND USE TAX |
|
Sec. 3901.251. 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. 3901.252. 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 ballot shall be printed to provide for voting for or |
|
against the proposition: "Authorization of a sales and use tax in |
|
the Bridgeland Management District at a rate not to exceed ____ |
|
percent" (insert rate of one or more increments of one-eighth of one |
|
percent). |
|
Sec. 3901.253. SALES AND USE TAX RATE. (a) On or after the |
|
date the results are declared of an election held under Section |
|
3901.252, at which the voters approved imposition of the tax |
|
authorized by this subchapter, the board shall determine and adopt |
|
by resolution or order 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 3901.252, the |
|
board may increase or decrease the rate of the tax by one or more |
|
increments of one-eighth of one percent. |
|
(c) The initial rate of the tax or any rate resulting from |
|
subsequent increases or decreases may not exceed the lesser of: |
|
(1) the maximum rate authorized by the district voters |
|
at the election held under Section 3901.252; 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. |
|
Sec. 3901.254. TAX AFTER ANNEXATION. (a) This section |
|
applies to the district after a municipality annexes part of the |
|
territory in the district and imposes the municipality's sales and |
|
use tax in the annexed territory. |
|
(b) If at the time of annexation the district has |
|
outstanding debt or other obligations payable wholly or partly from |
|
district sales and use tax revenue, Section 321.102(g), Tax Code, |
|
applies to the district. |
|
(c) If at the time of annexation the district does not have |
|
outstanding debt or other obligations payable wholly or partly from |
|
district sales and use tax revenue, the district may: |
|
(1) exclude the annexed territory from the district, |
|
if the district has no outstanding debt or other obligations |
|
payable from any source; or |
|
(2) reduce the sales and use tax in the annexed |
|
territory by resolution or order of the board to a rate that, when |
|
added to the sales and use tax rate imposed by the municipality in |
|
the annexed territory, is equal to the sales and use tax rate |
|
imposed by the district in the district territory that was not |
|
annexed by the municipality. |
|
Sec. 3901.255. NOTIFICATION OF RATE CHANGE. The board |
|
shall notify the comptroller of any changes made to the tax rate |
|
under this subchapter in the same manner the municipal secretary |
|
provides notice to the comptroller under Section 321.405(b), Tax |
|
Code. |
|
Sec. 3901.256. 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. 3901.257. 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 3901.252 before the district may subsequently impose |
|
the tax. |
|
(e) This section does not apply to a decrease in the sales |
|
and use tax authorized under Section 3901.254(c)(2). |
|
[Sections 3901.258-3901.300 reserved for expansion] |
|
SUBCHAPTER F. HOTEL OCCUPANCY TAX |
|
Sec. 3901.301. DEFINITION. In this subchapter, "hotel" has |
|
the meaning assigned by Section 156.001, Tax Code. |
|
Sec. 3901.302. 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. 3901.303. TAX AUTHORIZED; USE OF REVENUE. The |
|
district may impose a hotel occupancy tax for any district purpose, |
|
including to: |
|
(1) maintain and operate the district; |
|
(2) construct or acquire an improvement project; and |
|
(3) provide a service. |
|
Sec. 3901.304. TAX RATE. (a) The amount of the hotel |
|
occupancy tax may not exceed the maximum rate prescribed by Section |
|
352.003(a), Tax Code. |
|
(b) The district tax is in addition to a tax imposed by the |
|
city under Chapter 351, Tax Code, or by the county under Chapter |
|
352, Tax Code. |
|
Sec. 3901.305. 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. |
|
Sec. 3901.306. USE OF REVENUE. The district may use revenue |
|
from the hotel occupancy tax for a district purpose. The district |
|
may pledge any part of the revenue to the payment of bonds, notes, |
|
or other obligations and combine the pledged revenue with revenue |
|
from other sources. |
|
Sec. 3901.307. ABOLITION OF TAX. (a) Except as provided by |
|
Subsection (b), the board may abolish the tax imposed under this |
|
subchapter. |
|
(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. |
|
[Sections 3901.308-3901.350 reserved for expansion] |
|
SUBCHAPTER G. DISSOLUTION |
|
Sec. 3901.351. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
|
DEBT. (a) The board may dissolve the district regardless of |
|
whether the district has debt. Section 375.264, Local Government |
|
Code, does not apply to the district. |
|
(b) If the district has debt when it is dissolved, the |
|
district shall remain in existence solely for the purpose of |
|
discharging its debts. The dissolution is effective when all debts |
|
have been discharged. |
|
SECTION 2. The Bridgeland Management District initially |
|
includes all the territory contained in the following area: |
|
TRACT "1" |
|
Being part of the following tracts: a called 318.95 acres |
|
described as Parcel A, Tract 8, a called 308.84 acres described as |
|
Parcel A, Tract 7, a called 696.66 acres described as Parcel A, |
|
Tract 5, a called 1,004.14 acres described as Parcel A, Tract 6, all |
|
recorded under Harris County Clerk's File Number (H.C.C.F. No.) |
|
W677033, also being a part of a called 85.23 acre tract described |
|
and recorded under H.C.C.F. No. X298640 and a part of a called |
|
160.09 acre tract described and recorded under H.C.C.F. No. |
|
X376291: |
|
BEGINNING at a 5/8-inch iron rod with cap stamped "Terra |
|
Surveying" found for the southwest corner of said called 318.95 |
|
acre tract described as Parcel A, Tract 8, having coordinates of X: |
|
2,994,159.20, Y: 13,902,936.87; |
|
THENCE, N 02°11'42" W, a distance of 1,399.87 feet to a 4-inch |
|
by 4-inch concrete monument found for the southeast corner of said |
|
308.84 acre tract described as Parcel A, Tract 7; |
|
THENCE, S 87°56'50" W, a distance of 333.91 feet along the |
|
south line of said 308.84 acre tract to a point in the proposed |
|
eastern right-of-way line of Grand Parkway (400-foot R.O.W.) as |
|
described and recorded under H.C.C.F. No. W538164 and being the |
|
southwest corner of the herein described tract; |
|
THENCE, along the said eastern right-of-way line and over and |
|
across the following tracts of land, said 308.84 acres, said 696.66 |
|
acres and said 1004.14 acres the following four (4) courses: |
|
In a northwesterly direction, 1,310.92 feet along the |
|
arc of a curve to the left having a radius of 5,930.00 feet, a |
|
central angle of 12°39'58" and whose chord bears N 25°29'27" W, |
|
1,308.26 feet to the point of tangency of said curve; |
|
N 31°49'26" W, a distance of 1,363.00 feet to the point |
|
of curvature of a curve to the right; |
|
In a northwesterly direction, 1,931.70 feet along the |
|
arc of said curve to the right having a radius of 3,620.00 feet, a |
|
central angle of 30°34'27" and whose chord bears N 16°32'12" W, |
|
1,908.87 feet to the point of tangency of said curve; |
|
N 01°14'59" W, a distance of 1,534.92 feet to the |
|
northwest corner of the herein described tract; |
|
THENCE, leaving said eastern right-of-way line and going over |
|
and across the following tracts of land, said 1,004.14 acres, said |
|
160.174 acres, said 85.23 acres and said 318.95 acre tract the |
|
following twenty two (22) courses: |
|
In a northeasterly direction, 39.15 feet along the arc |
|
of a curve to the right having a radius of 25.00 feet, a central |
|
angle of 89°43'37" and whose chord bears N 43°36'48" E, 35.27 feet to |
|
the point of reverse curvature; |
|
In a northeasterly direction, 2,387.74 feet along the |
|
arc of a curve to the left having a radius of 2,060.00 feet, a |
|
central angle of 66°24'41" and whose chord bears N 55°16'16" E, |
|
2,256.30 feet to the point of tangency of said curve; |
|
N 22°03'56" E, a distance of 155.49 feet to the point of |
|
curvature of a curve to the right; |
|
In a northeasterly direction, 409.59 feet along the arc |
|
of said curve to the right having a radius of 1,940.00 feet, a |
|
central angle of 12°05'48" and whose chord bears N 28°06'50" E, |
|
408.83 feet to the point of reverse curvature; |
|
In a southeasterly direction, 40.25 feet along the arc |
|
of a curve to the left having a radius of 25.00 feet, a central angle |
|
of 92°14'40" and whose chord bears S 11°57'36" E, 36.04 feet to the |
|
point of tangency of said curve; |
|
S 58°04'56" E, a distance of 191.06 feet to the point of |
|
curvature of a curve to the right; |
|
In a southeasterly direction, 1,282.80 feet along the |
|
arc of said curve to the right having a radius of 2,050.00 feet, a |
|
central angle of 35°51'11" and whose chord bears S 40°09'20" E, |
|
1,261.97 feet to the point of tangency of said curve; |
|
S 22°13'45" E, a distance of 250.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a southeasterly direction, 1,080.44 feet along the |
|
arc of said curve to the left having a radius of 1,950.00 feet, a |
|
central angle of 31°44'45" and whose chord bears S 38°06'08" E, |
|
1,066.67 feet to the point of tangency of said curve; |
|
S 53°58'30" E, a distance of 86.71 feet to the point of |
|
curvature of a curve to the left; |
|
In a northeasterly direction, 39.27 feet along the arc |
|
of said curve to the left having a radius of 25.00 feet, a central |
|
angle of 90°00'00" and whose chord bears N 81°01'30" E, 35.36 feet to |
|
the end of said curve; |
|
S 53°58'30" E, a distance of 100.00 feet to the northeast |
|
corner of the herein described tract; |
|
S 36°01'30" W, a distance of 176.16 feet to the point of |
|
curvature of a curve to the left; |
|
In a southeasterly direction, 2,826.69 feet along the |
|
arc of said curve to the left having a radius of 1,950.00 feet, a |
|
central angle of 83°03'18" and whose chord bears S 05°30'09" E, |
|
2,585.62 feet to the point of tangency of said curve; |
|
S 47°01'48" E, a distance of 100.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a southeasterly direction, 923.10 feet along the arc |
|
of said curve to the right having a radius of 2,050.00 feet, a |
|
central angle of 25°48'00" and whose chord bears S 34°07'48" E, |
|
915.33 feet to the point of tangency of said curve; |
|
S 21°13'48" E, a distance of 468.24 feet to the point of |
|
curvature of a curve to the right; |
|
In a southeasterly direction, 627.89 feet along the arc |
|
of said curve to the right having a radius of 2,050.00 feet, a |
|
central angle of 17°32'56" and whose chord bears S 12°27'20" E, |
|
625.43 feet to the point of tangency of said curve; |
|
S 03°40'52" E, a distance of 140.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a southeasterly direction, 816.46 feet along the arc |
|
of said curve to the left having a radius of 1,950.00 feet, a |
|
central angle of 23°59'23" and whose chord bears S 15°40'34" E, |
|
810.51 feet to the point of tangency of said curve; |
|
S 27°40'15" E, a distance of 140.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a southeasterly direction, 916.01 feet along the arc |
|
of said curve to the right having a radius of 2,050.00 feet, a |
|
central angle of 25°36'06" and whose chord bears S 14°52'12" E, |
|
908.41 feet to the southeast corner of the herein described tract |
|
and being in the south line of said 318.95 acre tract; |
|
THENCE, along the south line of said 318.95 acre tract the |
|
following two (2) courses: |
|
S 87°55'51" W, a distance of 1,848.39 feet to an angle |
|
point; |
|
S 88°02'12" W, a distance of 1,521.38 feet to the POINT |
|
OF BEGINNING and containing 636.01 acres of land. |
|
TRACT "2" |
|
Being part of the following tracts: a called 1,004.14 acres |
|
described as Parcel A, Tract 6, a called 327.05 acres described as |
|
Parcel A, Tract 9, a called 102.09 acres described as Parcel A, |
|
Tract 10B and a called 2,065.8 acres described as Parcel B, Tract 1, |
|
all recorded under Harris County Clerk's File Number (H.C.C.F. No.) |
|
W677033: |
|
BEGINNING at the northwest corner of the previously described |
|
Tract "1" being in the proposed eastern right-of-way line of Grand |
|
Parkway (400-foot R.O.W.) as described and recorded under H.C.C.F. |
|
No. W538164 and being the most westerly southwest corner of the |
|
herein described tract; |
|
THENCE, N 01°14'59" W, a distance of 170.00 feet along said |
|
eastern right-of-way line to the most westerly northwest corner of |
|
the herein described tract; |
|
THENCE, leaving said eastern right-of-way line and going over |
|
and across the following tracts of land, said 1,004.14 acres, said |
|
327.05 acres, said 102.09 acres and said 2,065.8 acre tract the |
|
following twenty six (26) courses: |
|
In a southeasterly direction, 39.40 feet along the arc |
|
of a curve to the left having a radius of 25.00 feet, a central angle |
|
of 90°17'51" and whose chord bears S 46°23'55" E, 35.45 feet to the |
|
point of compound curvature; |
|
In a northeasterly direction, 2,247.83 feet along the |
|
arc of a curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 66°23'14" and whose chord bears N 55°15'33" E, |
|
2,124.18 feet to the point of tangency of said curve; |
|
N 22°03'56" E, a distance of 155.49 feet to the point of |
|
curvature of a curve to the right; |
|
In a northeasterly direction, 2,270.11 feet along the |
|
arc of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 63°08'23" and whose chord bears N 53°38'08" E, |
|
2,156.98 feet to the point of tangency of said curve; |
|
N 85°12'19" E, a distance of 2,421.42 feet to the point |
|
of curvature of a curve to the left; |
|
In a northeasterly direction, 731.64 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 21°36'30" and whose chord bears N 74°24'04" E, |
|
727.32 feet to the point of tangency of said curve; |
|
N 63°35'49" E, a distance of 155.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a northeasterly direction, 1,768.22 feet along the |
|
arc of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 49°10'49" and whose chord bears N 88°11'14" E, |
|
1,714.43 feet to the point of tangency of said curve; |
|
S 67°13'22" E, a distance of 100.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a northeasterly direction, 1,607.41 feet along the |
|
arc of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 47°28'23" and whose chord bears N 89°02'26" E, |
|
1,561.82 feet to the point of tangency of said curve; |
|
N 65°18'15" E, a distance of 100.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a southeasterly direction, 2,039.03 feet along the |
|
arc of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 56°42'45" and whose chord bears S 86°20'22" E, |
|
1,956.80 feet to the point of tangency of said curve; |
|
S 57°59'00" E, a distance of 100.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a southeasterly direction, 581.39 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 17°10'15" and whose chord bears S 66°34'08" E, |
|
579.22 feet to the point of tangency of said curve; |
|
S 75°09'15" E, a distance of 100.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a southeasterly direction, 658.40 feet along the arc |
|
of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 18°18'45" and whose chord bears S 65°59'52" E, |
|
655.60 feet to the point of tangency of said curve; |
|
S 56°50'30" E, a distance of 418.46 feet to the point of |
|
curvature of a curve to the left; |
|
In a southeasterly direction, 857.24 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 25°19'03" and whose chord bears S 69°30'02" E, |
|
850.28 feet to the point of tangency of said curve; |
|
S 82°09'33" E, a distance of 323.49 feet to the point of |
|
curvature of a curve to the right; |
|
In a southeasterly direction, 2,544.61 feet along the |
|
arc of said curve to the right having a radius of 1,350.00 feet, a |
|
central angle of 107°59'48" and whose chord bears S 28°09'39" E, |
|
2,184.30 feet to the point of tangency of said curve; |
|
S 25°50'15" W, a distance of 282.60 feet to the point of |
|
curvature of a curve to the left; |
|
In a southwesterly direction, 431.30 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 12°44'17" and whose chord bears S 19°28'06" W, |
|
430.42 feet to the point of tangency of said curve; |
|
S 13°05'58" W, a distance of 742.12 feet to the point of |
|
curvature of a curve to the left; |
|
In a southeasterly direction, 1,728.35 feet along the |
|
arc of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 51°02'42" and whose chord bears S 12°25'23" E, |
|
1,671.76 feet to the point of tangency of said curve; |
|
S 37°56'44" E, a distance of 556.48 feet to the point of |
|
curvature of a curve to the left; |
|
In a southeasterly direction, 39.27 feet along the arc |
|
of said curve to the left having a radius of 25.00 feet, a central |
|
angle of 90°00'00" and whose chord bears S 82°56'44" E, 35.36 feet to |
|
the end of said curve being in the line common to said 2,065.8 acre |
|
tract and a called 1,805.5 acre tract described and recorded under |
|
H.C.C.F. No. R814591 and being the most easterly northeast corner |
|
of the herein described tract; |
|
THENCE, S 52°03'16" W, a distance of 170.00 feet along the |
|
proposed northern right-of-way line for Fry Road to the most |
|
easterly southeast corner of the herein described tract; |
|
THENCE, leaving said northern right-of-way line and going |
|
over and across the following tracts of land, said 2,065.8 acres, |
|
said 102.09 acres, said 327.05 acres and said 1,004.14 acre tract |
|
the following twenty six (26) courses: |
|
In a northeasterly direction, 39.27 feet along the arc |
|
of a curve to the left having a radius of 25.00 feet, a central angle |
|
of 90°00'00" and whose chord bears N 07°03'16" E, 35.36 feet to the |
|
point of tangency of said curve; |
|
N 37°56'44" W, a distance of 556.48 feet to the point of |
|
curvature of a curve to the right; |
|
In a northwesterly direction, 1,835.26 feet along the |
|
arc of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 51°02'42" and whose chord bears N 12°25'23" W, |
|
1,775.17 feet to the point of tangency of said curve; |
|
N 13°05'58" E, a distance of 742.12 feet to the point of |
|
curvature of a curve to the right; |
|
In a northeasterly direction, 457.98 feet along the arc |
|
of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 12°44'17" and whose chord bears N 19°28'06" E, |
|
457.04 feet to the point of tangency of said curve; |
|
N 25°50'15" E, a distance of 282.60 feet to the point of |
|
curvature of a curve to the left; |
|
In a northwesterly direction, 2,318.42 feet along the |
|
arc of said curve to the left having a radius of 1,230.00 feet, a |
|
central angle of 107°59'48" and whose chord bears N 28°09'39" W, |
|
1,990.14 feet to the point of tangency of said curve; |
|
N 82°09'33" W, a distance of 323.49 feet to the point of |
|
curvature of a curve to the right; |
|
In a northwesterly direction, 910.26 feet along the arc |
|
of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 25°19'03" and whose chord bears N 69°30'02" W, |
|
902.87 feet to the point of tangency of said curve; |
|
N 56°50'30" W, a distance of 418.46 feet to the point of |
|
curvature of a curve to the left; |
|
In a northwesterly direction, 620.05 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 18°18'45" and whose chord bears N 65°59'52" W, |
|
617.41 feet to the point of tangency of said curve; |
|
N 75°09'15" W, a distance of 100.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a northwesterly direction, 617.36 feet along the arc |
|
of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 17°10'15" and whose chord bears N 66°34'08" W, |
|
615.05 feet to the point of tangency of said curve; |
|
N 57°59'00" W, a distance of 100.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a northwesterly direction, 1,920.25 feet along the |
|
arc of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 56°42'45" and whose chord bears N 86°20'22" W, |
|
1,842.82 feet to the point of tangency of said curve; |
|
S 65°18'15" W, a distance of 100.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a southwesterly direction, 1,706.84 feet along the |
|
arc of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 47°28'23" and whose chord bears S 89°02'26" W, |
|
1,658.43 feet to the point of tangency of said curve; |
|
N 67°13'22" W, a distance of 100.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a southwesterly direction, 1,665.21 feet along the |
|
arc of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 49°10'49" and whose chord bears S 88°11'14" W, |
|
1,614.56 feet to the point of tangency of said curve; |
|
S 63°35'49" W, a distance of 155.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a southwesterly direction, 776.90 feet along the arc |
|
of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 21°36'30" and whose chord bears S 74°24'04" W, |
|
772.31 feet to the point of tangency of said curve; |
|
S 85°12'19" W, a distance of 2,421.42 feet to the point |
|
of curvature of a curve to the left; |
|
In a southwesterly direction, 2,137.87 feet along the |
|
arc of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 63°08'23" and whose chord bears S 53°38'08" W, |
|
2,031.33 feet to the point of tangency of said curve; |
|
S 22°03'56" W, a distance of 155.49 feet to the point of |
|
curvature of a curve to the right; |
|
In a southwesterly direction, 2,387.74 feet along the |
|
arc of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 66°24'41" and whose chord bears S 55°16'16" W, |
|
2,256.30 feet to the point of reverse curvature; |
|
In a southwesterly direction, 39.15 feet along the arc |
|
of a curve to the left having a radius of 25.00 feet, a central angle |
|
of 89°43'37" and whose chord bears S 43°36'48" W, 35.27 feet to the |
|
POINT OF BEGINNING and containing 63.14 acres of land. |
|
TRACT "3" |
|
COMMENCING at a 1/2-inch iron pipe with cap stamped "BROWN & |
|
GAY" found for the most westerly northwest corner of that called |
|
24.50 acre tract described as "Fry Road South of Cypress Creek" as |
|
shown on the plat recorded under Film Code No. 508125 of the Harris |
|
County Map Record (H.C.M.R.) and the most easterly southeast corner |
|
of said 2,065.8 acre tract being in the north right-of-way line of |
|
Fry Road (140-foot R.O.W.) as described and recorded under H.C.C.F. |
|
No. X431479; |
|
THENCE, N 02°23'47" W, a distance of 1,720.85 feet along the |
|
east line of said 2,065.8 acre tract to a point; |
|
THENCE, S 87°36'13" W, a distance of 886.04 feet over and |
|
across said 2,065.8 acre tract to the southeast corner of the herein |
|
described tract and being the POINT OF BEGINNING; |
|
THENCE, going over and across the following tracts of land, |
|
said 2,065.8 acres and said 318.95 acre tract the following eleven |
|
(11) courses: |
|
In a northwesterly direction, 41.21 feet along the arc |
|
of a curve to the left having a radius of 25.00 feet, a central angle |
|
of 94°27'07" and whose chord bears N 44°49'14" W, 36.70 feet to the |
|
point of tangency of said curve; |
|
S 87°57'12" W, a distance of 1,435.28 feet to the point |
|
of curvature of a curve to the left; |
|
In a southwesterly direction, 334.40 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 09°52'34" and whose chord bears S 83°00'55" W, |
|
333.99 feet to the point of tangency of said curve; |
|
S 78°04'38" W, a distance of 330.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a southwesterly direction, 776.45 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 22°55'54" and whose chord bears S 66°36'41" W, |
|
771.28 feet to the end of said curve; |
|
S 74°04'01" W, a distance of 306.73 feet to the most |
|
western point of the herein described tract; |
|
In a northeasterly direction, 1,115.61 feet along the |
|
arc of a curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 31°01'44" and whose chord bears N 62°33'46" E, |
|
1,102.03 feet to the point of tangency of said curve; |
|
N 78°04'38" E, a distance of 330.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a northeasterly direction, 355.08 feet along the arc |
|
of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 09°52'34" and whose chord bears N 83°00'55" E, |
|
354.64 feet to the point of tangency of said curve; |
|
N 87°57'12" E, a distance of 1,455.57 feet to the point |
|
of curvature of a curve to the left; |
|
In a northeasterly direction, 35.27 feet along the arc |
|
of said curve to the left having a radius of 25.00 feet, a central |
|
angle of 80°50'31" and whose chord bears N 47°31'56" E, 32.42 feet to |
|
the end of said curve; |
|
THENCE, In a southwesterly direction, 169.20 feet along the |
|
arc of a curve to the left having a radius of 2,060.00 feet, a |
|
central angle of 04°42'22" and whose chord bears S 04°45'30" W, |
|
169.15 feet to the POINT OF BEGINNING and containing 8.54 acres of |
|
land. |
|
TRACT "4" |
|
COMMENCING at a 3/8-inch iron rod found for the southeast |
|
corner of said 318.95 acre tract and the most westerly southwest |
|
corner of said 2,065.8 acre tract and being in the north line of a |
|
called 1,119.71 acre tract described and recorded under H.C.C.F. |
|
No. W815977; |
|
THENCE, N 02°29'16" W, a distance of 2,724.18 feet along the |
|
line common to said 2,065.8 acre tract and said 318.95 acre tract to |
|
the POINT OF BEGINNING; |
|
THENCE, going over and across the following tracts of land, |
|
said 2,065.8 acres and said 318.95 acre tract the following twenty |
|
(20) courses: |
|
In a northwesterly direction, 354.36 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 10°27'56" and whose chord bears N 86°45'32" W, |
|
353.86 feet to the point of tangency of said curve; |
|
S 88°00'30" W, a distance of 838.74 feet to the point of |
|
curvature of a curve to the left; |
|
In a southwesterly direction, 651.40 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 19°14'18" and whose chord bears S 78°23'21" W, |
|
648.34 feet to the point of tangency of said curve; |
|
S 68°46'12" W, a distance of 148.65 feet to the point of |
|
curvature of a curve to the left; |
|
In a southwesterly direction, 39.27 feet along the arc |
|
of said curve to the left having a radius of 25.00 feet, a central |
|
angle of 90°00'00" and whose chord bears S 23°46'12" W, 35.36 feet to |
|
the end of said curve and being in an eastern line of the previously |
|
described Tract "1" and being the most westerly southwest corner of |
|
the herein described tract; |
|
N 21°13'48" W, a distance of 170.00 feet along the east |
|
line of said Tract "1" to the most westerly northwest corner of the |
|
herein described tract; |
|
In a southeasterly direction, 39.27 feet along the arc |
|
of a curve to the left having a radius of 25.00 feet, a central angle |
|
of 90°00'00" and whose chord bears S 66°13'48" E, 35.36 feet to the |
|
point of tangency of said curve; |
|
N 68°46'12" E, a distance of 148.65 feet to the point of |
|
curvature of a curve to the right; |
|
In a northeasterly direction, 691.69 feet along the arc |
|
of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 19°14'18" and whose chord bears N 78°23'21" E, |
|
688.45 feet to the point of tangency of said curve; |
|
N 88°00'30" E, a distance of 838.74 feet to the point of |
|
curvature of a curve to the right; |
|
In a southeasterly direction, 376.28 feet along the arc |
|
of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 10°27'56" and whose chord bears S 86°45'32" E, |
|
375.75 feet to the point of tangency of said curve; |
|
S 81°31'34" E, a distance of 110.13 feet to the point of |
|
curvature of a curve to the left; |
|
In a southeasterly direction, 286.94 feet along the arc |
|
of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 08°28'28" and whose chord bears S 85°45'48" E, |
|
286.68 feet to the point of tangency of said curve; |
|
N 89°59'58" E, a distance of 2,646.00 feet to the point |
|
of curvature of a curve to the left; |
|
In a northeasterly direction, 1,174.66 feet along the |
|
arc of said curve to the left having a radius of 1,940.00 feet, a |
|
central angle of 34°41'33" and whose chord bears N 72°39'12" E, |
|
1,156.80 feet to the northeast corner of the herein described |
|
tract; |
|
S 05°46'21" W, a distance of 154.52 feet to the southeast |
|
corner of the herein described tract; |
|
In a southwesterly direction, 1,147.00 feet along the |
|
arc of a curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 31°54'08" and whose chord bears S 74°02'54" W, |
|
1,132.24 feet to the point of tangency of said curve; |
|
S 89°59'58" W, a distance of 2,646.00 feet to the point |
|
of curvature of a curve to the right; |
|
In a northwesterly direction, 304.69 feet along the arc |
|
of said curve to the right having a radius of 2,060.00 feet, a |
|
central angle of 08°28'28" and whose chord bears N 85°45'48" W, |
|
304.41 feet to the point of tangency of said curve; |
|
N 81°31'34" W, a distance of 110.13 feet to the POINT OF |
|
BEGINNING and containing 17.25 acres of land. |
|
TRACT "5" |
|
COMMENCING at a 3/8-inch iron rod found for the southeast |
|
corner of said 318.95 acre tract and the most westerly southwest |
|
corner of said 2,065.8 acre tract and being in the north line of a |
|
called 1,119.71 acre tract described and recorded under H.C.C.F. |
|
No. W815977; |
|
THENCE, N 88°00'29" E, a distance of 1,965.26 feet along the |
|
line common to said 2,065.8 acre tract and said 1,119.71 acre tract |
|
to the southwest corner of the herein described tract and being the |
|
POINT OF BEGINNING; |
|
THENCE, going over and across said 2,065.8 acre tract the |
|
following seven (7) courses: |
|
N 01°59'31" W, a distance of 371.46 feet to the point of |
|
curvature of a curve to the left; |
|
In a northwesterly direction, 48.73 feet along the arc |
|
of said curve to the left having a radius of 1,950.00 feet, a |
|
central angle of 01°25'55" and whose chord bears N 02°42'28" W, 48.73 |
|
feet to the point of tangency of said curve; |
|
N 03°25'26" W, a distance of 346.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a northeasterly direction, 845.88 feet along the arc |
|
of said curve to the right having a radius of 2,050.00 feet, a |
|
central angle of 23°38'30" and whose chord bears N 08°23'49" E, |
|
839.89 feet to the point of tangency of said curve; |
|
N 20°13'04" E, a distance of 405.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a northeasterly direction, 628.82 feet along the arc |
|
of said curve to the left having a radius of 1,950.00 feet, a |
|
central angle of 18°28'34" and whose chord bears N 10°58'47" E, |
|
626.09 feet to the point of compound curvature; |
|
In a northwesterly direction, 40.03 feet along the arc |
|
of a curve to the left having a radius of 25.00 feet, a central angle |
|
of 91°44'32" and whose chord bears N 44°07'46" W, 35.89 feet to the |
|
end of said curve, being in the southern line of the previously |
|
described Tract "3" and being the northwest corner of the herein |
|
described tract; |
|
THENCE, N 89°59'58" E, a distance of 150.06 feet along said |
|
southern line to the northeast corner of the herein described |
|
tract; |
|
THENCE, leaving said southern line and going over and across |
|
said 2,065.8 acre tract the following seven (7) courses: |
|
In a southwesterly direction, 38.56 feet along the arc |
|
of a curve to the left having a radius of 25.00 feet, a central angle |
|
of 88°23'02" and whose chord bears S 45°48'27" W, 34.85 feet to the |
|
point of reverse curvature; |
|
In a southwesterly direction, 665.57 feet along the arc |
|
of a curve to the right having a radius of 2050.00 feet, a central |
|
angle of 18°36'08" and whose chord bears S 10°55'00" W, 662.65 feet |
|
to the point of tangency of said curve; |
|
S 20°13'04" W, a distance of 405.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a southwesterly direction, 804.62 feet along the arc |
|
of said curve to the left having a radius of 1950.00 feet, a central |
|
angle of 23°38'30" and whose chord bears S 08°23'49" W, 798.92 feet |
|
to the point of tangency of said curve; |
|
S 03°25'26" E, a distance of 346.00 feet to the point of |
|
curvature of a curve to the right; |
|
In a southeasterly direction, 51.23 feet along the arc |
|
of said curve to the right having a radius of 2050.00 feet, a |
|
central angle of 01°25'55" and whose chord bears S 02°42'28" E, 51.23 |
|
feet to the point of tangency of said curve; |
|
S 01°59'31" E, a distance of 371.46 feet to the southeast |
|
corner of the herein described tract; |
|
THENCE, S 88°00'29" W, a distance of 100.00 feet to the POINT |
|
OF BEGINNING and containing 6.14 acres of land. |
|
TRACT "6" |
|
BEGINNING at the northeast corner of the previously described |
|
Tract "1" and being the most southern corner of the herein described |
|
tract; |
|
THENCE, going over and across said 1,004.14 acre tract |
|
described as Parcel A, Tract 6 the following seven (7) courses: |
|
N 53°58'30" W, a distance of 100.00 feet along a northern |
|
line of said Tract "1" to the southwest corner of the herein |
|
described tract; |
|
N 36°01'30" E, a distance of 23.84 feet to the point of |
|
curvature of a curve to the right; |
|
In a northeasterly direction, 693.30 feet along the arc |
|
of said curve to the right having a radius of 2050.00 feet, a |
|
central angle of 19°22'38" and whose chord bears N 45°42'49" E, |
|
690.00 feet to the point of tangency of said curve; |
|
N 55°24'08" E, a distance of 200.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a northeasterly direction, 1,578.87 feet along the |
|
arc of said curve to the left having a radius of 1950.00 feet, a |
|
central angle of 46°23'27" and whose chord bears N 32°12'24" E, |
|
1,536.09 feet to the most northern point of the herein described |
|
tract; |
|
S 13°51'54" E, a distance of 55.87 feet to an angle |
|
point; |
|
S 02°02'20" E, a distance of 275.64 feet to the most |
|
northerly northeast corner of the herein described tract; |
|
In a southwesterly direction, 1,336.49 feet along the |
|
arc of a curve to the right having a radius of 2050.00 feet, a |
|
central angle of 37°21'13" and whose chord bears S 36°43'31" W, |
|
1,312.94 feet to the point of tangency of said curve; |
|
S 55°24'08" W, a distance of 200.00 feet to the point of |
|
curvature of a curve to the left; |
|
In a southwesterly direction, 659.48 feet along the arc |
|
of said curve to the left having a radius of 1950.00 feet, a central |
|
angle of 19°22'38" and whose chord bears S 45°42'49" W, 656.34 feet |
|
to the point of tangency of said curve; |
|
S 36°01'30" W, a distance of 23.84 feet to the POINT OF |
|
BEGINNING and containing 5.42 acres of land. |
|
TRACT "7" |
|
Being part of a called 696.66 acre tract described as Parcel |
|
A, Tract 5, and a called 1,004.14 acre tract described as Parcel A, |
|
Tract 6, both recorded under Harris County Clerk's File Number |
|
(H.C.C.F. No.) W677033; |
|
BEGINNING at the northeast corner of said 696.66 acre tract |
|
and the southeast corner of a called 1,234.29 acre tract described |
|
and recorded under H.C.C.F. No. X629628 and being in the west line |
|
of said 1,004.14 acre tract also being the centerline of Cypress |
|
Creek; |
|
THENCE, S 01°14'59" E, a distance of 620.08 feet along the |
|
line common to said 696.66 acre tract and said 1,004.14 acre tract |
|
to the northwest corner of the herein described tract and being the |
|
POINT OF BEGINNING; |
|
THENCE, leaving said common line and over and across said |
|
1,004.14 acre tract and said 696.66 acre tract the following twelve |
|
(12 courses: |
|
S 73°33'10" E, a distance of 313.90 feet to an angle |
|
point; |
|
EAST, a distance of 318.91 feet to an angle point; |
|
N 83°24'02" E, a distance of 448.51 feet to an angle |
|
point; |
|
N 81°33'06" E, a distance of 350.85 feet to an angle |
|
point; |
|
N 89°24'35" E, a distance of 454.94 feet to an angle |
|
point; |
|
EAST, a distance of 398.64 feet to an angle point; |
|
N 88°36'14" E, a distance of 384.68 feet to an angle |
|
point; |
|
N 85°48'49" E, a distance of 82.94 feet to the northeast |
|
corner of the herein described tract; |
|
In a southwesterly direction, 1,276.64 feet along the |
|
arc of a curve to the left having a radius of 2,060.00 feet, a |
|
central angle of 35°30'28" and whose chord bears S 39°49'10" W, |
|
1,256.31 feet to the point of tangency of said curve; |
|
S 22°03'56" W, a distance of 155.49 feet to the point of |
|
curvature of a curve to the right; |
|
In a southwesterly direction, 2,247.77 feet along the |
|
arc of said curve to the right having a radius of 1,940.00 feet, a |
|
central angle of 66°23'08" and whose chord bears S 55°15'30" W, |
|
2,124.14 feet to the point of compound curvature; |
|
In a northwesterly direction, 39.45 feet along the arc |
|
of a curve to the right having a radius of 25.00 feet, a central |
|
angle of 90°25'13" and whose chord bears N 46°27'46" W, 35.48 feet to |
|
the southwest corner of the herein described tract and being in the |
|
proposed eastern right-of-way line of Grand Parkway (Width Varies); |
|
THENCE, along the said eastern right-of-way line and over and |
|
across said 696.66 acres the following three (3) courses: |
|
N 01°14'43" W, a distance of 683.29 feet to an angle |
|
point; |
|
N 06°32'00" W, a distance of 542.98 feet to an angle |
|
point; |
|
N 01°14'59" W, a distance of 1,038.41 feet to the POINT |
|
OF BEGINNING and containing 88.56 acres of land. |
|
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. |