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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Harris County Improvement District |
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No. 23; providing authority to issue bonds; providing authority to |
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impose assessments, fees, or taxes. |
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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 3910 to read as follows: |
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CHAPTER 3910. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 23 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3910.001. 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. |
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(3) "County" means Harris County. |
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(4) "Director" means a board member. |
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(5) "District" means the Harris County Improvement |
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District No. 23. |
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(6) "East End district" means the Greater East End |
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Management District created under Chapter 3807. |
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Sec. 3910.002. NATURE OF DISTRICT. The Harris County |
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Improvement District No. 23 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3910.003. 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, and to accomplish the redevelopment of the |
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land 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 East End district, city, |
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or county services provided in the district. |
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Sec. 3910.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) 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; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3910.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3910.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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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. 3910.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3910.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3910.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of nine voting directors who serve staggered |
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terms of four years, with four or five directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may change the number of voting |
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directors on the board if the board determines that the change is in |
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the best interest of the district. The board may not consist of |
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fewer than 5 or more than 15 voting directors. |
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Sec. 3910.052. APPOINTMENT OF VOTING DIRECTORS. The mayor |
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and members of the governing body of the city shall appoint voting |
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directors from persons recommended by the board. A person is |
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appointed if a majority of the members of the governing body and the |
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mayor vote to appoint that person. |
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Sec. 3910.053. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3910.054. 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; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3910.055. 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. 3910.056. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
Name of Director |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through five expire June 1, 2015, and |
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the terms of directors appointed for positions six through nine |
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expire June 1, 2017. |
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(c) Section 3910.052 does not apply to this section. |
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(d) This section expires September 1, 2017. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3910.101. 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. 3910.102. IMPROVEMENT PROJECTS AND SERVICES. Subject |
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to Section 3910.113, the district may provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service using any money available to the |
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district, or contract with a governmental or private entity to |
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provide, design, construct, acquire, improve, relocate, operate, |
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maintain, or finance an improvement or service authorized under |
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this chapter or Chapter 375, Local Government Code. |
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Sec. 3910.103. 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 |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3910.104. 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. 3910.105. 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. 3910.106. 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. 3910.107. 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. 3910.108. 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 provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3910.109. 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. 3910.110. ANNEXATION OF LAND. The district may annex |
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land as provided by Subchapter J, Chapter 49, Water Code. |
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Sec. 3910.111. NAVIGATION DISTRICT POWERS. (a) The |
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district has the powers provided by the general law of this state |
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applicable to navigation districts created under Section 59, |
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Article XVI, Texas Constitution, including Chapters 60 and 62, |
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Water Code. |
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(b) The district may purchase, construct, acquire, own, |
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operate, maintain, improve, or extend, inside and outside the |
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district, a canal, waterway, bulkhead, dock, or other improvement |
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or facility necessary or convenient to accomplish the navigation |
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purposes of the district. |
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Sec. 3910.112. APPROVAL BY CITY. (a) Except as provided |
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by Subsection (c), the district must obtain the approval of the city |
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for: |
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(1) the issuance of bonds; |
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(2) the plans and specifications of an improvement |
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project financed by bonds; and |
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(3) the plans and specifications of an improvement |
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project related to the use of land owned by the city, an easement |
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granted by the city, or a right-of-way of a street, road, or |
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highway. |
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(b) The district may not issue bonds until the governing |
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body of the city adopts a resolution or ordinance authorizing the |
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issuance of the bonds. |
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(c) If the district obtains the approval of the city's |
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governing body of a capital improvements budget for a period not to |
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exceed 10 years, the district may finance the capital improvements |
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and issue bonds specified in the budget without further approval |
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from the city. |
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(d) The governing body of the city: |
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(1) is not required to adopt a resolution or ordinance |
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to approve plans and specifications described by Subsection (a); |
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and |
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(2) may establish an administrative process to approve |
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plans and specifications described by Subsection (a) without the |
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involvement of the governing body. |
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Sec. 3910.113. COORDINATION WITH EAST END DISTRICT. In |
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determining the improvement projects or services the district |
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provides, the district shall coordinate its efforts with the |
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efforts of the East End district to achieve governmental efficiency |
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and avoid duplication of improvement projects or services. The |
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district may not duplicate an improvement project or service that |
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the East End district provides in the same territory. |
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Sec. 3910.114. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3910.151. 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. 3910.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3910.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3910.154. ASSESSMENTS; LIENS FOR ASSESSMENTS. |
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(a) The board by resolution may impose and collect an assessment |
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for any purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3910.155. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to a tax authorized |
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or approved by the voters of the district or a required payment for |
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a service provided by the district, including water and sewer |
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services. |
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Sec. 3910.156. NOTICE TO EAST END DISTRICT. The district |
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shall send to the board of directors of the East End district notice |
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of a hearing regarding an improvement project or service that is to |
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be financed with assessments under this chapter. The district |
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shall send the notice by certified mail, return receipt requested, |
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or by another method determined by the board to provide adequate |
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proof that the notice was timely mailed, not later than the 30th day |
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before the date of the hearing. The notice must contain the |
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information required by Section 375.115(b), Local Government Code. |
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Sec. 3910.157. TAX AND ASSESSMENT ABATEMENTS. The district |
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may designate reinvestment zones and may grant abatements of |
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district taxes or assessments on property in the zones. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3910.201. ELECTIONS REGARDING TAXES AND BONDS. |
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(a) The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3910.203. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3910.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election held in accordance with Section 3910.201, the district may |
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impose an operation and maintenance tax on taxable property in the |
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district in accordance with Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3910.203. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3910.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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determined by the board. Section 375.205, Local Government Code, |
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does not apply to a loan, line of credit, or other borrowing from a |
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bank or financial institution secured by revenue other than ad |
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valorem taxes. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3910.205. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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for each year that all or part of the bonds are outstanding as |
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required and in the manner provided by Sections 54.601 and 54.602, |
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Water Code. |
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Sec. 3910.206. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the city is not required to pay a bond, note, or |
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other obligation of the district. |
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SECTION 2. The Harris County Improvement District No. 23 |
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initially includes all territory contained in the following area: |
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TRACT 1 |
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Being a 102.136 acre (4,449,039 square feet) tract of land |
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situated in the S.M. Harris Survey, Abstract No. 327, the Darius |
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Gregg Survey, Abstract No. 283 and the Harris & Wilson Survey, |
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Abstract No. 32, Harris County, Texas, being a portion of a called |
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104.25 acre tract described as Tract 1, Exhibit F and a portion of |
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Tract 5, Exhibit F, both described in a special warranty deed dated |
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January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE |
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SERVICES, INC. as recorded under File No. M938947 of the Harris |
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County Official Public Records of Real Property (H.C.O.P.R.R.P.), |
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being all of a called 2.736 acre tract conveyed in a special |
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warranty deed dated May 24, 2004 from KELLOGG BROWN & ROOT, INC. to |
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KBR TECHNICAL SERVICES, INC. as recorded under File No. X640714 of |
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said H.C.O.P.R.R.P. and being all of a called 0.0784 acre tract |
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conveyed in warranty deed dated June 21, 1990 from ADAMS RESOURCES & |
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ENERGY, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as recorded |
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under File No. M691219 of said H.C.O.P.R.R.P., said 102.136 acre |
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tract being all of Blocks 50, 51 and 60 of the L.B. Swiney's |
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Addition, a subdivision of record according to the map or plat |
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thereof recorded under Volume 6, Page 610 of the Harris County Deed |
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Records (H.C.D.R.), being all of Blocks 4 and 25 of the Cage |
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Addition, a subdivision of record according to the map or plat |
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thereof recorded under Volume 43, Page 385 of said H.C.D.R. and |
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being a portion of Lots 1 through 8, Block 4 of the William A. Wilson |
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Company Subdivision, a subdivision of record according to the map |
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or plat thereof recorded under Volume 317, Page 298 of said |
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H.C.D.R., said 102.136 acre tract being more particularly described |
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by metes and bounds as follows with all bearings referenced to the |
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Texas State Plane Coordinate System of 1983 (1993 Adjustment), |
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South Central Zone. All coordinates and distances shown herein are |
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surface values and may be converted to grid by multiplying by a |
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combined scale factor of 0.999889585; |
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BEGINNING at a 5/8-inch iron rod (N = 13,845,069.64, East = |
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3,131,004.78) found at the point of intersection of the southerly |
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right-of-way line of Richardson Drive (40' wide) with the easterly |
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right-of way line of Grove Street (60' wide) for the northwest |
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corner of Block 50 of said L.B. Swiney's Addition and being the most |
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westerly northwest corner of said 104.25 acre tract; |
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THENCE, North 87°03'43" East, along the southerly |
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right-of-way line of Richardson Drive, a distance of 275.58 feet to |
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a PK nail found for corner at the intersection of the easterly |
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projection of the southerly right-of-way line of Richardson Drive |
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with the southerly projection of the easterly right-of-way line of |
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Gregg Street for an angle point in said 104.25 acre tract; |
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THENCE, North 02°36'08" West, along the projected easterly |
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right-of-way line of Gregg Street, passing at a distance of 31.07 |
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feet, the southwest corner of Block 4 of said Cage Addition, same |
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being an angle point in said 104.25 acre tract, and continuing along |
|
the easterly right-of-way line of Gregg Street and the westerly |
|
line of said Block 4 for a total distance of 231.07 feet to a 5/8- |
|
inch iron rod with plastic cap stamped "SURVCON INC." set in the |
|
southerly right-of-way line of Clinton Drive (width varies) for the |
|
northwest corner of said Block 4; |
|
THENCE, along the southerly right-of-way line of Clinton |
|
Drive, the following courses: |
|
North 87°23'52" East, a distance of 540.00 feet to an "X" |
|
in concrete found in the westerly right-of-way line of Bringhurst |
|
Street (40' wide) for angle point and being the northeast corner of |
|
Block 25 of said Cage Addition; |
|
North 74°45'40" East, a distance of 51.25 feet to a |
|
5/8-inch iron rod with plastic cap stamped "SURVCON INC." set in the |
|
easterly right-of-way line of Bringhurst Street for the beginning |
|
of a non-tangent curve to the left; |
|
An arc distance of 228.80 feet, along said curve to the |
|
left, having a radius of 340.40 feet, a delta angle of 38°30'38" and |
|
a chord bearing and distance of North 61°04'34" East, 224.51 feet to |
|
a 5/8-inch iron rod found for a point of tangency; |
|
North 41°49'15" East, a distance of 12.60 feet to a |
|
5/8-inch iron rod found for corner; |
|
South 87°24'15" West, a distance of 11.40 feet to a |
|
5/8-inch iron rod found for corner; |
|
North 41°49'15" East, a distance of 31.00 feet a point |
|
for the beginning of a non-tangent curve to the right, from which a |
|
found 5/8-inch iron rod bears North 60°15' East, 0.33 feet; |
|
An arc distance of 170.31 feet, along said curve to the |
|
right, having a radius of 272.90 feet, a delta angle of 35°45'21" and |
|
a chord bearing and distance of North 59°41'56" East, 167.56 feet to |
|
an "X" in concrete found for the end of said curve to the right; |
|
North 87°24'15" East, passing at a distance of 1,133.91 |
|
feet, a 5/8-inch iron rod found for the northwest corner of said |
|
2.736 acre tract, continuing and passing at a distance of 1,193.91 |
|
feet, a 5/8-inch iron rod found for the northeast corner of said |
|
2.736 acre tract, and continuing for a total distance of 1,293.20 |
|
feet to a 5/8-inch iron rod found for the most northerly northeast |
|
corner of said 104.25 acre tract; |
|
South 02°51'30" East, a distance of 10.55 feet to a |
|
5/8-inch iron rod found for angle point; |
|
North 87°08'30" East, passing at a distance of 80.00 |
|
feet, the northwest corner of said 0.0784 acre tract, and |
|
continuing for a total distance of 228.00 feet to a 5/8-inch iron |
|
rod found for a cutback corner, same being the most northerly |
|
northeast corner of said 0.0784 acre tract; |
|
THENCE, South 47°51'30" East, along a cutback line, a distance |
|
of 21.21 feet to a 5/8-inch iron rod with plastic cap stamped |
|
"SURVCON INC." set for corner in the westerly right-of-way line of |
|
Hirsch Street (100 feet wide), same being the most easterly |
|
northeast corner of said 0.0784 acre tract; |
|
THENCE, South 02°51'30" East, along said westerly |
|
right-of-way line of Hirsch Street and the easterly line of said |
|
0.0784 acre tract, passing at a distance of 179.15 feet, a 1/2-inch |
|
iron rod found for the southeast corner of said 0.0784 acre tract |
|
and the most easterly northeast corner of said 104.25 acre tract, |
|
continuing along said westerly right-of-way line of Hirsch Street |
|
and the easterly line of said 104.25 acre tract, passing at a |
|
distance of 660.00 feet, a 5/8-inch iron rod found for an angle |
|
point in said 104.25 acre tract, same being the northwest corner of |
|
a called 0.2865 acre roadway easement conveyed to the City of |
|
Houston and described as Tract 4 in deed recorded in Volume 3468, |
|
Page 487 of said H.C.D.R., and continuing along the westerly |
|
right-of-way easement line of Hirsch Street, for a total distance |
|
of 818.07 feet to a point for the beginning of a tangent curve to the |
|
right; |
|
THENCE, an arc distance of 1,095.02 feet, continuing along |
|
said westerly right-of-way easement line of Hirsch Street and along |
|
said curve to the right, having a radius of 1,587.02 feet, a delta |
|
angle of 39°32'00" and a chord bearing and distance of South |
|
16°54'30" West, 1,073.43 feet to 3/4-inch iron rod found for the |
|
point of tangency; |
|
THENCE, South 36°40'30" West, continuing along said westerly |
|
right-of-way easement line of Hirsch Street, a distance of 85.13 |
|
feet to a point in the northerly line of Buffalo Bayou and the |
|
southerly line of said 104.25 acre tract; |
|
THENCE, along the meanders of the northerly line of Buffalo |
|
Bayou and along the southerly line of said 104.25 acre tract, the |
|
following courses: |
|
North 81°21'02" West, a distance of 294.22 feet to a |
|
point for corner; |
|
South 81°17'51" West, a distance of 92.69 feet to a point |
|
for corner; |
|
South 71°46'20" West, a distance of 87.60 feet to a point |
|
for corner; |
|
South 56°00'12" West, a distance of 139.78 feet to a |
|
point for corner; |
|
South 42°22'06" West, a distance of 530.18 feet to a |
|
point for corner; |
|
South 86°47'52" West, a distance of 13.79 feet to a point |
|
for corner; |
|
South 43°55'05" West, a distance of 65.25 feet to a point |
|
for corner; |
|
South 74°12'42" West, a distance of 73.39 feet to a point |
|
for corner; |
|
South 80°29'10" West, a distance of 95.12 feet to a point |
|
for corner; |
|
North 62°25'33" West, a distance of 84.80 feet to a point |
|
for corner; |
|
North 23°26'39" West, a distance of 96.22 feet to a point |
|
for corner; |
|
North 48°58'41" West, a distance of 75.07 feet to a point |
|
for corner; |
|
North 22°52'13" West, a distance of 70.85 feet to a point |
|
for corner; |
|
North 00°23'51" East, a distance of 570.94 feet to a |
|
point for the most southerly corner of said 2.736 acre tract; |
|
North 00°03'45" East, along the westerly line of said |
|
2.736 acre tract, a distance of 60.38 feet to an angle point in the |
|
northwesterly line of said 2.736 acre tract; |
|
North 17°43'38" West, a distance of 86.97 feet to a point |
|
for corner; |
|
North 35°56'28" West, a distance of 143.97 feet to a |
|
point for corner; |
|
North 61°18'39" West, a distance of 144.29 feet to a |
|
point for corner; |
|
North 83°06'56" West, a distance of 306.10 feet to a |
|
point for corner; |
|
South 88°11'58" West, a distance of 152.95 feet to a |
|
point for corner; |
|
North 89°23'55" West, a distance of 158.35 feet to a |
|
point for corner; |
|
North 81°40'26" West, a distance of 86.39 feet to a point |
|
for corner; |
|
North 79°43'08" West, a distance of 97.41 feet to a point |
|
in said easterly right-of-way line of Grove Street for the |
|
southwest corner of said 104.25 acre tract; |
|
THENCE, North 02°56'17" West, along said easterly |
|
right-of-way line of Grove Street and the westerly line of said |
|
104.25 acre tract, passing at a distance of 65.05 feet, a found |
|
5/8-inch iron rod, and continuing for a total distance of 705.08 |
|
feet to the POINT OF BEGINNING, containing a computed area of |
|
102.136 acres (4,449,039 square feet) of land. Said 102.136 acre |
|
tract being subject to portions of three (3) existing roadways |
|
defined as follows: 1.) a 0.542 acre (23,589 square feet) tract |
|
within the right-of-way of Richardson Drive between the easterly |
|
right- of-way line of Gregg Street and the easterly right-of-way |
|
line of Bringhurst Street, 2.) a 0.184 acre (7,997 square feet) |
|
tract within the right-of-way of Cage Street between the southerly |
|
right- of-way line of Clinton Drive and the northerly right-of-way |
|
line of Richardson Drive and 3.) a 0.236 acre (10,280 square feet) |
|
tract within the right-of-way of Bringhurst Street between the |
|
southerly right-of-way line of Clinton Drive and the northerly |
|
right-of-way line of Richardson Drive. |
|
TRACT 2 |
|
Being a 4.059 acre (176,821 square feet) tract of land |
|
situated in the Darius Gregg Survey, Abstract No. 283 and the Harris & |
|
Wilson Survey, Abstract No. 32, Harris County, Texas, being a |
|
portion of a called 104.25 acre tract described as Tract 1 of |
|
Exhibit F in a special warranty deed dated January 2, 1990 from |
|
BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES, INC. as |
|
recorded under File No. M938947 of the Harris County Official |
|
Public Records of Real Property (H.C.O.P.R.R.P.), said 4.059 acre |
|
tract being more particularly described by metes and bounds as |
|
follows with all bearings referenced to the Texas State Plane |
|
Coordinate System of 1983 (1993 Adjustment), South Central Zone. |
|
All coordinates and distances shown herein are surface values and |
|
may be converted to grid by multiplying by a combined scale factor |
|
of 0.999889585: |
|
BEGINNING at a 5/8-inch iron rod (N = 13,844,963.67, East = |
|
3,133,786.01) found in the existing westerly right-of-way line of |
|
Hirsch Street (width varies) for an angle point in the easterly line |
|
of said 104.25 acre tract, same being the northwest corner of a |
|
called 0.2865 acre roadway easement conveyed to the City of Houston |
|
and described as Tract 4 in deed recorded in Volume 3468, Page 487 |
|
of the Harris County Deed Records (H.C.D.R.); |
|
THENCE, North 87°42'30" East, along the easterly line of said |
|
104.25 acre tract and along the northerly line of said 0.2865 acre |
|
roadway easement, a distance of 41.88 feet to an "X" in concrete |
|
found for an angle point in the easterly line of said 104.25 acre |
|
tract and the northeast corner of said 0.2865 acre roadway |
|
easement; |
|
THENCE, South 02°17'32" East, along the easterly line of said |
|
104.25 acre tract, a distance of 1,163.73 feet to a point in the |
|
northerly line of Buffalo Bayou; |
|
THENCE, along the meanders of the northerly line of Buffalo |
|
Bayou and along the southerly line of said 104.25 acre tract, the |
|
following courses: |
|
South 40°14'22" West, a distance of 42.90 feet to a point |
|
for corner; |
|
South 75°00'39" West, a distance of 50.16 feet to a point |
|
for corner; |
|
South 84°00'51" West, a distance of 77.13 feet to a point |
|
for corner; |
|
South 83°31'17" West, a distance of 214.24 feet to a |
|
point for corner; |
|
South 74°08'41" West, a distance of 61.85 feet to a point |
|
for corner; |
|
North 81°21'02" West, a distance of 18.52 feet to a point |
|
for the southwest corner of a called 1,595 square foot roadway |
|
easement conveyed to the City of Houston and described as Tract 1 in |
|
deed recorded in Volume 3468, Page 487 of said H.C.D.R.; |
|
THENCE, North 36°40'30" East, along the westerly right-of-way |
|
easement line of Hirsch Street, a distance of 85.13 feet to a |
|
3/4-inch iron rod found for the beginning of a tangent curve to the |
|
left; |
|
THENCE, an arc distance of 1,095.02 feet, continuing along |
|
the westerly right-of-way easement line of Hirsch Street and along |
|
said curve to the left, having a radius of 1,587.02 feet, a delta |
|
angle of 39°32'00" and a chord bearing and distance of North |
|
16°54'30" East, 1,073.43 feet to the point of tangency; |
|
THENCE, North 02°51'30" West, continuing along the westerly |
|
right-of-way easement line of Hirsch Street, a distance of 158.07 |
|
feet to the POINT OF BEGINNING, containing a computed area of 4.059 |
|
acres (176,821 square feet) of land. Said 4.059 acre tract being |
|
subject to an existing roadway easement defined as follows: a 2.392 |
|
acre (104,206 square feet) tract within the right-of-way easement |
|
of Hirsch Street along the westerly line of said 4.059 acre tract. |
|
TRACT 3 |
|
Being a 24.983 acre (1,088,253 square feet) tract of land |
|
situated in the S.M. Harris Survey, Abstract No. 327, Harris |
|
County, Texas, and being all of a called 24.92 acre tract described |
|
as Tract 2 of Exhibit F in a special warranty deed dated January 2, |
|
1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE SERVICES, |
|
INC. as recorded under File No. M938947 of the Harris County |
|
Official Public Records of Real Property (H.C.O.P.R.R.P.), same |
|
being all of Blocks 43, 44, 45 46, 47, 48, 53, 54, 55, 56, 57 and 58 |
|
of the L.B. Swiney's Addition, a subdivision of record according to |
|
the map or plat thereof recorded under Volume 6, Page 610 of the |
|
Harris County Deed Records (H.C.D.R.), said Blocks 43, 44 and 45 |
|
also being defined in the Swiney Addition, a subdivision of record |
|
according to the map or plat thereof recorded under Volume 1A, Page |
|
65 of the Harris County Map Records (H.C.M.R.), and being all of |
|
Blocks 16, 17, 18, 21 and Tract C of the Barnes & Wetmore Addition, a |
|
subdivision of record according to the map or plat thereof recorded |
|
under Volume 37, Page 77 of said H.C.M.R., and being all of Lots 1, |
|
2, 3, 4, 7, 8, 9, 10 and 11 and a portion of Lot 6 of Block 19, all of |
|
Lots 1, 2, 3, 4, 12, 13 and 14 and a portion of Lots 5 and 10 of Block |
|
20 and a portion of Tract B, all of said Barnes & Wetmore Addition, |
|
and being a portion of the abandoned public streets by City of |
|
Houston Ordinance No.(s) 2601, 2988 and 2986, as recorded in Volume |
|
1779, Page 159, Volume 1825, Page 235 and Volume 3218, Page 132, |
|
respectively, all of said H.C.D.R., said 24.983 acre tract being |
|
more particularly described by metes and bounds as follows with all |
|
bearings referenced to the Texas State Plane Coordinate System of |
|
1983 (1993 Adjustment), South Central Zone. All coordinates and |
|
distances shown herein are surface values and may be converted to |
|
grid by multiplying by a combined scale factor of 0.999889585: |
|
BEGINNING at a 5/8-inch iron rod (N = 13,845,290.36, East = |
|
3,130,622.97) found at the point of intersection of the southerly |
|
right-of-way line of Clinton Drive (width varies) with the westerly |
|
right-of way line of Bayou Street (60' wide) for the common |
|
northeast corner of said 24.92 acre tract and Lot 1, Block 43 of |
|
said L.B. Swiney's Addition; |
|
THENCE, South 02°56'17" East, along the westerly right-of-way |
|
line of Bayou Street and the easterly line of said 24.92 acre tract, |
|
passing at a distance of 750.00 feet, a found 5/8-iron rod, and |
|
continuing for a total distance of 811.60 feet to a point in the |
|
northerly line of Buffalo Bayou for the common southeast corner of |
|
said 24.92 acre tract and said Block 58; |
|
THENCE, along the meanders of the northerly line of Buffalo |
|
Bayou and along the southerly line of said 24.92 acre tract, the |
|
following courses: |
|
North 84°59'39" West, a distance of 126.92 feet to a |
|
point for corner; |
|
South 85°43'56" West, a distance of 185.30 feet to a |
|
point for corner; |
|
South 72°56'47" West, a distance of 78.42 feet to a point |
|
for corner; |
|
South 56°53'10" West, a distance of 405.98 feet to a |
|
point for corner; |
|
South 60°22'55" West, a distance of 78.78 feet to a point |
|
for corner; |
|
South 72°14'30" West, a distance of 84.28 feet to a point |
|
for corner; |
|
South 84°58'16" West, a distance of 63.45 feet to a point |
|
for corner; |
|
North 87°53'15" West, a distance of 129.94 feet to a |
|
point for the southwest corner of said 24.92 acre tract; |
|
THENCE, along the westerly line of said 24.92 acre tract, the |
|
following courses: |
|
North 06°46'38" West, a distance of 263.23 feet to a |
|
point for corner, from which a found 5/8-inch iron rod bears South |
|
73°45' West, 0.30 feet; |
|
North 12°46'38" West, a distance of 185.40 feet to a |
|
point for corner, from which a found 5/8-inch iron rod bears South |
|
88°16' East, 0.33 feet; |
|
North 22°58'38" West, a distance of 192.60 feet to a |
|
point for corner, from which a found 5/8-inch iron rod bears South |
|
00°00' West, 0.21 feet; |
|
North 15°42'38" West, a distance of 131.20 feet to a |
|
point for corner, from which a found 5/8-inch iron rod bears South |
|
44°08' East, 0.23 feet; |
|
North 05°54'38" West, a distance of 286.20 feet to a 60d |
|
nail found for corner; |
|
North 02°42'02" East, a distance of 29.48 feet to a point |
|
for corner in the southerly right-of-way line of Clinton Drive for |
|
the northwest corner of said 24.92 acre tract, from which a found |
|
5/8-inch iron rod bears South 83°37' East, 0.20 feet; |
|
THENCE, North 87°03'43" East, along the southerly |
|
right-of-way line of Clinton Drive, a distance of 1,238.93 feet to |
|
the POINT OF BEGINNING, containing a computed area of 24.983 acres |
|
(1,088,253 square feet) of land. Said 24.983 acre tract being |
|
subject to portions of three (3) existing roadways defined as |
|
follows: 1.) a 0.753 acre (32,800 square feet) tract within the |
|
right- of-way of Richardson Drive between the westerly right-of-way |
|
line of Bayou Street and a line 200 feet west of the westerly |
|
right-of-way line of Meadow Street, 2.) a 0.275 acre (12,000 square |
|
feet) tract within the right-of-way of Meadow Street between the |
|
southerly right-of-way line of Clinton Drive and the northerly |
|
right-of-way line of Richardson Drive and 3.) a 0.275 acre (12,000 |
|
square feet) tract within the right-of-way of Sydnor Street between |
|
the southerly right-of-way line of Clinton Drive and the northerly |
|
right-of-way line of Richardson Drive. |
|
TRACTS 4-7 |
|
Being 4.592 acres (200,000 square feet) of land situated in |
|
the S. M. Harris Survey, Abstract No. 327 and being out of the L.B. |
|
Swiney's Addition, a subdivision of record according to the map or |
|
plat thereof recorded under Volume 6, Page 610 of the Harris County |
|
Deed Records (H.C.D.R.). Said 4.592 acre tract being comprised of |
|
four (4) tracts defined as follows: |
|
TRACT 4 |
|
A 1.148 acre (50,000 square feet) tract of land, being all of |
|
Lots 1 through 10, Block 52 of said L.B. Swiney's Addition, being a |
|
portion of Tracts 4 and 5 of Exhibit F as described in deed dated |
|
January 2, 1990 from BROWN & ROOT I, INC. to BROWN & ROOT CORPORATE |
|
SERVICES, INC. as recorded under File No. M938947 of the Harris |
|
County Official Public Records of Real Property (H.C.O.P.R.R.P.). |
|
TRACT 5 |
|
A 1.148 acre (50,000 square feet) tract of land, being all of |
|
Lots 1 through 10, Block 49 of said L.B. Swiney's Addition and |
|
described as follows: All of Lots 1 through 7 and Lot 10, Block 49, |
|
being a portion of Tract 4 of Exhibit F as described in said deed |
|
recorded under File No. M938947 of said H.C.O.P.R.R.P.; and all of |
|
Lots 8 and 9, Block 49 described as a called 10,000 square foot |
|
tract of land addressed in a May 22, 1996 motion under City of |
|
Houston Ordinance 96-456 as recorded under File No. S023877 of said |
|
H.C.O.P.R.R.P., said 10,000 square foot tract of land being |
|
conveyed in a special warranty deed dated July 18, 1996 from the |
|
City of Houston to BROWN & ROOT CORPORATE SERVICES, INC. as recorded |
|
under File No. S023876 of said H.C.O.P.R.R.P. |
|
TRACT 6 |
|
A 1.148 acre (50,000 square feet) tract of land, being all of |
|
Lots 1 through 10, Block 42 of said L.B. Swiney's Addition, being |
|
all of Tracts 7, 10, 11 and 13 and a portion of Tract 5 of Exhibit F |
|
as described in said deed recorded under File No. M938947 of said |
|
H.C.O.P.R.R.P. |
|
TRACT 7 |
|
A 1.148 acre (50,000 square feet) tract of land, being all of |
|
Lots 1 through 10, Block 41 of said L.B. Swiney's Addition, being |
|
all of Tracts 6, 8, 9, 12 and 14 and a portion of Tract 5 of Exhibit F |
|
as described in said deed recorded under File No. M938947 of said |
|
H.C.O.P.R.R.P. |
|
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, 2013. |
|
|
|
* * * * * |