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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Pearland Municipal Management District |
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No. 2; 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 3867 to read as follows: |
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CHAPTER 3867. PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3867.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Pearland. |
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(3) "County" means Brazoria County. |
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(4) "Director" means a board member. |
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(5) "District" means the Pearland Municipal |
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Management District No. 2. |
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Sec. 3867.002. NATURE OF DISTRICT. The Pearland Municipal |
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Management District No. 2 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3867.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city or county services |
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provided in the district. |
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Sec. 3867.004. 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 street or road and recreational |
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facilities and improvements, including related drainage |
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facilities, for the district. |
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(e) Pedestrian or other nonmotorized vehicle ways along or |
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across a street, whether at grade or above or below the surface, and |
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street lighting, street landscaping, parking, and street art |
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objects are parts of and necessary components of a street and are |
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considered to be a street or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3867.005. 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. 3867.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax 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. 3867.007. 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. 3867.008. 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. 3867.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven voting directors who serve staggered |
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terms of four years, with three or four 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 and the governing body of the city |
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consents to the change. The board may not consist of fewer than 5 or |
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more than 15 voting directors. |
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Sec. 3867.052. APPOINTMENT OF VOTING DIRECTORS. The |
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governing body of the city shall appoint voting directors from |
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persons recommended by the board. A person is appointed if a |
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majority of the members of the governing body of the city vote to |
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appoint that person. |
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Sec. 3867.053. 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. 3867.054. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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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. 3867.055. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
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Name of Director |
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7 |
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Sylvester L. Roeder III |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through four expire June 1, 2015, and |
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the terms of directors appointed for positions five through seven |
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expire June 1, 2017. |
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(c) Section 3867.052 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. 3867.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3867.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using any money available to the district, or contract with |
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a 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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Chapter 375, Local Government Code. |
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Sec. 3867.103. 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. 3867.104. 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. 3867.105. 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. 3867.106. LAW ENFORCEMENT AND SECURITY SERVICES. To |
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protect the public interest, the district may provide security |
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services or contract with a qualified party, including the county |
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or the city, to provide law enforcement services in the district for |
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a fee. |
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Sec. 3867.107. 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. 3867.108. 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. 3867.109. 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. 3867.110. 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. 3867.111. APPROVAL BY CITY. (a) Except as provided |
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by Chapter 375, Local Government Code, the district must obtain the |
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approval of the city for: |
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(1) the issuance of bonds; |
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(2) the annexation or exclusion of land; |
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(3) the plans and specifications of an improvement |
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project financed by bonds; and |
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(4) 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 or annex or exclude |
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land until the governing body of the city adopts a resolution or |
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ordinance authorizing the issuance of the bonds or the annexation |
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or exclusion of the land. |
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(c) 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. 3867.112. 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. 3867.151. 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. 3867.152. 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. 3867.153. 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. 3867.154. 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. 3867.155. TAX AND ASSESSMENT ABATEMENTS. The district |
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may designate reinvestment zones and may grant abatements of a tax |
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or assessment on property in the zones. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3867.201. 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 3867.203. |
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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. 3867.202. 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 3867.201, 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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Sec. 3867.203. 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. 3867.204. 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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Sec. 3867.205. 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. 3867.206. TAXES AND BONDS FOR RECREATIONAL FACILITIES. |
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(a) The limitation on the outstanding principal amount of bonds, |
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notes, and other obligations provided by Section 49.4645, Water |
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Code, does not apply to the district. |
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(b) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3867.207. 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 Pearland Municipal Management District No. 2 |
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initially includes all territory contained in the following area: |
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BEING 1,483 acres, more or less, of land within the City |
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Limits of Pearland, Texas, located in the H. T. & B. R. R. Co. |
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Survey, Abstract No. 300, the J. W. Maxcy Survey, Abstract No. 675, |
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the R. B. Lyle Survey, Abstract No. 539, the W. W. Dupuy and L. F. |
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Roberts Survey, Abstract No. 726, the H. T. & B. R. R. Co. Survey, |
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Abstract No. 304, the W. M. Morris Survey, Abstract No. 344, the J. |
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Crawley Survey, Abstract No.174 and the D. White Survey, Abstract |
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No. 747, Brazoria County, Texas and also located in the James |
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Hamilton Survey, Abstract No. 881, Harris County, Texas, said 1,483 |
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acres being more particularly described as follows: |
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BEGINNING at the southeast corner of SOUTHGATE SECTION ONE, a |
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subdivision of record in Volume 24, Pages 123-126 of the Plat |
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Records of Brazoria County, Texas (B.C.P.R.) on the northerly |
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right-of-way line of County Road 59 (width varies); |
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THENCE NORTHERLY, 2,574 feet more or less, along the east |
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line of said SOUTHGATE SECTION ONE and the east line of SOUTHGATE |
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SECTION TWO, a subdivision of record in Volume 24, Pages 278-279, |
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B.C.P.R. to the northeast corner of said SOUTHGATE SECTION TWO; |
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THENCE WESTERLY, 2,642 feet more or less, along the north |
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line of said SOUTHGATE SECTION TWO to a point on the west line of |
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said SOUTHGATE SECTION ONE for the southwest corner of Restricted |
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Reserve "A" of said SOUTHGATE SECTION ONE; |
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THENCE NORTHERLY, 1,175 feet more or less, along said west |
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line to the southwest corner of the MINOR PLAT OF KIRBY WATER PLANT |
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SITE AND FIRE STATION NO. 5, a subdivision of record under Document |
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Number 2008029867 of the Official Public Records of Brazoria |
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County, Texas (B.C.O.P.R.) |
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THENCE EASTERLY, 626 feet more or less, to the southeast |
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corner of said MINOR PLAT; |
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THENCE NORTHEASTERLY, 335 feet more or less, to the northeast |
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corner of said MINOR PLAT; |
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THENCE WESTERLY, 776 feet more or less, to the northwest |
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corner of said MINOR PLAT and being the southwest corner of the |
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remainder of a called 13.380 acre tract of land conveyed to Pearland |
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Town Center Limited Partnership as recorded under Document Number |
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2006071333 of the Official Records of Brazoria County, Texas |
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(B.C.O.R.); |
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THENCE NORTHERLY, 1,231 feet more or less, along the west |
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line of said remainder and the west line of KIRBY CROSSING SECTION |
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ONE, a subdivision of record under Document Number 2012041370, |
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B.C.O.R., to the south right-of-way line and crossing to the north |
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right-of-way line of F.M. 518 (120' wide); |
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THENCE WESTERLY, 597 feet more or less, along said north |
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right-of-way line to the southeast corner of SF-18B, a subdivision |
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of record in Volume 23, Pages 393-396, B.C.P.R.; |
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THENCE NORTHERLY, 1,053 feet more or less, along the east |
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line of said SF-18B to the south line of SF-15, a subdivision of |
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record in Volume 23, Pages 265-268, B.C.P.R.; |
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THENCE EASTERLY, 1,566 feet more or less, along said south |
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line to the west right-of-way line and crossing to the east |
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right-of-way line of Kirby Drive (100' wide); |
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THENCE SOUTHERLY, 634 feet more or less, along said east |
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right-of-way line to the northwest corner of SHADOW CREEK RANCH |
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COMMERCIAL SITE NO. 3, a subdivision of record under Document |
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Number 2006023374, B.C.O.R.; |
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THENCE SOUTHEASTERLY, 789 feet more or less, along the |
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northeast line of said SHADOW CREEK RANCH COMMERCIAL SITE NO. 3 to |
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the southeast corner of same on the north right-of-way line of the |
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aforementioned F.M. 518; |
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THENCE EASTERLY, 162 feet more or less, along said north |
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right-of-way line to the southeast corner of SF-16B, a subdivision |
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of record in Volume 23, Pages 273-276, B.C.P.R.; |
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THENCE NORTHERLY, 2,448 feet more or less, along the east |
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line of said SF-16B, SF-16A, a subdivision of record in Volume 23, |
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Pages 269-272, B.C.P.R. and SF-14B, a subdivision of record in |
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Volume 23, Pages 261-264, B.C.P.R to the southwest corner of the |
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MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK RANCH, a |
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subdivision of record under Document Number 2009049537, B.C.O.R.; |
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THENCE EASTERLY, 1,486 feet more or less, along the south |
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line of said MINOR SUBDIVISION PLAT OF DISCOVERY AT SHADOW CREEK |
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RANCH, to the northwest corner of Lot "A" of the AMENDING PLAT OF |
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SHADOW CREEK TOWN CENTER, a subdivision of record under Document |
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Number 2007002505, B.C.O.R.; |
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THENCE SOUTHERLY, 960 feet more or less, along the west line |
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of said Lot "A" and the easterly right-of-way line of Business |
|
Center Drive as shown on said AMENDING PLAT OF SHADOW CREEK TOWN |
|
CENTER to the intersection of said Business Center Drive and |
|
Memorial Herman Drive as shown on said AMENDING PLAT OF SHADOW CREEK |
|
TOWN CENTER, same being the southerly southwest corner of said Lot |
|
"A"; |
|
THENCE EASTERLY, 1,149 feet more or less, along the north |
|
right-of-way line of said Memorial Herman Drive to the easterly |
|
southeast corner of said Lot "A", said point being on the westerly |
|
right-of-way line of SH 288; |
|
THENCE NORTHERLY, 1,609 feet more or less, along said |
|
westerly right-of-way line to the northeast corner of that certain |
|
called 13.100 acre tract conveyed to Memorial Herman by an |
|
instrument of record under Document Number 2008000334, B.C.O.R.; |
|
THENCE WESTERLY, 874 feet more or less, departing said |
|
westerly right-of-way line and along the north line of said 13.100 |
|
acre tract to the westerly right-of-way line of Business Center |
|
Drive (100' wide) as shown on SHADOW CREEK RANCH BUSINESS CENTER |
|
DRIVE EXTENSION, a subdivision of record in Volume 24, Pages |
|
392-393, B.C.O.R.; |
|
THENCE NORTHERLY, 3,751 feet more or less, along said |
|
westerly right-of-way line and along the westerly right-of-way line |
|
of said Business Center Drive, as shown on SHADOW CREEK RANCH |
|
BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE, a subdivision of |
|
record in Volume 24, Pages 251-252, B.C.O.R. to a point opposite of |
|
the northwest corner of Restricted Reserve "B" as shown on SHADOW |
|
CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE; |
|
THENCE EASTERLY, 90 feet, departing said west right-of-way |
|
line to the northwest corner of said Restricted Reserve "B"; |
|
THENCE EASTERLY, 72 feet more or less, along the northerly |
|
line of said Restricted Reserve "B" to the southeast corner of said |
|
Restricted Reserve "B", said point being on the northerly |
|
right-of-way line of Medical Center Drive (100' wide) as shown on |
|
SHADOW CREEK RANCH BUSINESS CENTER DRIVE AND MEDICAL CENTER DRIVE; |
|
THENCE EASTERLY, 1,550 feet more or less, along the northerly |
|
right-of-way line of said Medical Center Drive to a point on the |
|
westerly right-of-way line of SH 288, same being the easterly line |
|
of that certain called 48.00 acre tract conveyed to H.C.A. HEALTH |
|
SERVICES OF TEXAS, INC. by an instrument of record under File Number |
|
02-063451, B.C.O.R.; |
|
THENCE NORTHERLY, 764 feet more or less, along said westerly |
|
right-of-way line and the easterly line of said 48.00 acre tract to |
|
the south corner of that certain called 2.266 acre tract conveyed to |
|
SHADOW CREEK RANCH MAINTENANCE ASSOCIATION by an instrument of |
|
record under File Number 01-048774, B.C.O.R.; |
|
THENCE NORTHERLY, 1,014 feet more or less, along the easterly |
|
line of said 48.00 acre tract to the northwest corner of said 2.266 |
|
acre tract, said point being on the southerly line of F.M. 2234 - |
|
Shadow Creek Parkway (width varies); |
|
THENCE WESTERLY, 978 feet more or less, along the north line |
|
of said 48.00 acre tract to the northwest corner of said 48.00 acre |
|
tract, said point being the northeast corner of Business Center |
|
Drive (width varies at this point); |
|
THENCE SOUTHERLY, 925 feet more or less, along the west line |
|
of said 48.00 acre tract and the easterly right-of-way line of |
|
Business Center Drive to a point opposite the southeast corner of |
|
that certain called 17.5691 acre tract of land conveyed to GLOBAL |
|
NEW MILLENIUM PARTNERS, LTD. by the instrument of record under |
|
Document Number 2009057174, B.C.O.P.R.; |
|
THENCE WESTERLY, 1,113 feet more or less, along the south |
|
line of said called 17.5691 acre tract to the southwest corner of |
|
the same; |
|
THENCE NORTHERLY, 769 feet more or less, along the west line |
|
of said called 17.5691 acre tract to the most westerly northwest |
|
corner of the same; |
|
THENCE NORTHEASTERLY, 429 feet more or less, along the |
|
northwest line of said called 17.5691 acre tract to the south |
|
right-of-way line and crossing to the north right-of-way line of |
|
F.M. 2234 - Shadow Creek Parkway (160.00' wide); |
|
THENCE EASTERLY, 464 feet more or less, along said north |
|
right-of-way line, same being the south line of SHADOW CREEK RANCH |
|
COMMERCIAL SITE NO. 18B, a subdivision of record under Document |
|
Number 2007035195, B.C.O.P.R., to the southeast corner of said SITE |
|
18B; |
|
THENCE NORTHERLY, 515 feet more or less, along the east line |
|
of said SITE 18B to a point on the south line of SHADOW CREEK |
|
MARKETPLACE, a subdivision of record under Document Number |
|
2008001974, B.C.O.P.R. |
|
THENCE EASTERLY, 60 feet more or less, along said south line |
|
to a point on the west right-of-way line of Business Center Drive |
|
(100' wide); |
|
THENCE NORTHERLY, 101 feet more or less, along said west |
|
right-of-way line to a point on the north line of said SHADOW CREEK |
|
MARKETPLACE; |
|
THENCE NORTHEASTERLY, 1,674 feet more or less, along said |
|
north line to a point on the south line of a called 48.4712 acre |
|
tract of land conveyed to AMEGY MORTGAGE COMPANY, L.L.C., by the |
|
instrument of record under Document Number 2010023540, B.C.O.P.R.; |
|
THENCE EASTERLY, 792 feet more or less, along the south line |
|
of said called 48.4712 acre tract to the west right-of-way line of |
|
State Highway 288; |
|
THENCE NORTHERLY, 4,620 feet more or less, along said west |
|
right-of-way line to a point on the south right-of-way line of |
|
Beltway 8, same being the Northern City Limit Line of |
|
Pearland,Texas; |
|
THENCE EASTERLY, 2,623 feet more or less, along said City |
|
Limit Line, crossing and to a point on the east side of said State |
|
Highway 288 for the northwest corner of the MINOR SUBDIVISION PLAT |
|
OF REC-TIME SUBDIVISION, a subdivision of record under Film Code |
|
600053 of the Harris County Map Records, (H.C.M.R.); |
|
THENCE SOUTHERLY, 1,290 feet more or less, along the west |
|
line of said MINOR SUBDIVISION PLAT OF REC-TIME SUBDIVISION to the |
|
north line of TOM BASS PARK; |
|
THENCE WESTERLY, 679 feet more or less, to the west line of |
|
said PARK; |
|
THENCE SOUTHERLY, 2,966 feet more or less, along said west |
|
line to the north line of THE LAKES AT COUNTRYPLACE SECTION EIGHT, a |
|
subdivision of record in Volume 21, Pages 173-174, B.C.P.R.; |
|
THENCE WESTERLY, 116 feet more or less, SOUTHERLY 207 feet |
|
more or less and WESTERLY 439 feet more or less, along said north |
|
line to a point on the east right-of-way line of the aforementioned |
|
State Highway 288; |
|
THENCE SOUTHERLY to SOUTHEASTERLY, 1,682 feet more or less, |
|
along said east right-of-way line to the north right-of-way line of |
|
the aforementioned F.M. 2234-Shadow Creek Parkway; |
|
THENCE EASTERLY, 250 feet more or less, along said north |
|
right-of-way line to a point at the intersection with the east |
|
right-of-way line of County Road 94 (100' wide) projected north; |
|
THENCE SOUTHERLY, 3,536 feet more or less, along said east |
|
right-of-way line to the northwest corner of SOUTHDOWN COMMERCIAL |
|
RESERVE TRACT A, a subdivision of record in Volume 17, Pages |
|
151-152, B.C.P.R.; |
|
THENCE EASTERLY, 381 feet more or less, along the north line |
|
of said SOUTHDOWN COMMERCIAL RESERVE TRACT A and SOUTHDOWN |
|
COMMERCIAL RESERVE TRACT B, a subdivision of record in Volume 20, |
|
Pages 225-226, B.C.P.R. to the northeast corner of said TRACT B; |
|
THENCE SOUTHERLY, 264 feet more or less, along the east line |
|
of said TRACT B to the north right-of-way line and crossing to the |
|
south right-of-way line of Hughes Ranch Road (70' wide); |
|
THENCE EASTERLY, 758 feet more or less, along said south |
|
right-of-way line to the northwest corner of SERENE GARDENS, a |
|
subdivision of record under Document Number 2012007617, |
|
B.C.O.P.R.; |
|
THENCE SOUTHERLY, 970 feet more or less, along the west line |
|
of said SERENE GARDENS to the southwest corner of the same; |
|
THENCE EASTERLY, 417 feet more or less, along the south line |
|
of said SERENE GARDENS to the southeast corner of the same and being |
|
on the west line of AUTUMN LAKE SECTION 2, a subdivision of record |
|
in Volume 23, Pages 43-44, B.C.P.R.; |
|
THENCE SOUTHERLY, 2,972 feet more or less, along said west |
|
line of AUTUMN LAKE SECTION 2, AUTUMN LAKE SECTION 1, a subdivision |
|
of record in Volume 21, Pages 111-116, B.C.P.R. and AUTUMN LAKE |
|
SECTION 3, a subdivision of record in Volume 24, Page 19, B.C.P.R. |
|
to the southwest corner of said SECTION 3; |
|
THENCE EASTERLY, 906 feet more or less, along the south line |
|
of said SECTION 3 to the southeast corner of the same being on the |
|
east line of Lot 29 of the Allison-Richey Gulf Coast Home Company of |
|
Suburban Gardens Subdivision, Section 85, a subdivision of record |
|
in Volume 2, Page 107, B.C.P.R.; |
|
THENCE SOUTHERLY, 1,283 feet more or less, along the east |
|
line of said Lot 29 and Lot 30 of said Allison-Richey Subdivision, |
|
same being the HOME DEPOT tract to the north right-of-way line of |
|
F.M. 518 (130' wide at this point); |
|
THENCE SOUTHWESTERLY, 154 feet more or less, crossing said |
|
F.M. 518 to the south right-of-way line of the same; |
|
THENCE SOUTHERLY, 420 feet more or less, over and across |
|
SILVERLAKE COMMERCIAL PARK PHASE II, a subdivision of record in |
|
Volume 20, Pages 99-100, B.C.P.R. to an angle point in the south |
|
line of said SILVERLAKE COMMERCIAL PARK PHASE II; |
|
THENCE WESTERLY, 520 feet more or less, along the south line |
|
of said SILVERLAKE COMMERCIAL PARK PHASE II, passing the southwest |
|
corner of the same on the east right-of-way line and crossing to the |
|
west right-of-way line of the aforementioned County Road 94 (100' |
|
wide); |
|
THENCE SOUTHERLY, 280 feet more or less, along said west |
|
right-of-way line to the southeast corner of SILVERLAKE COMMERCIAL |
|
PARK PHASE VII, a subdivision of record in Volume 21, Pages 39-40, |
|
B.C.P.R.; |
|
THENCE WESTERLY, 570 feet more or less, along the south line |
|
of said PHASE VII to the most easterly southeast corner of |
|
SILVERLAKE POWER CENTER, a subdivision of record in Volume 21, |
|
Pages 351-352, B.C.P.R.; |
|
THENCE SOUTHWESTERLY, 2,248 feet more or less, along the |
|
south and southeast line of said SILVERLAKE POWER CENTER to the most |
|
westerly corner of SCOFIELD SECTION 1 AT SILVERLAKE, a subdivision |
|
of record in Volume 20, Pages 299-300, B.C.P.R.; |
|
THENCE SOUTHEASTERLY, 911 feet more or less, along the |
|
southwest line of said SCOFIELD SECTION 1 to the westerly |
|
right-of-way line of the aforementioned County Road 94; |
|
THENCE SOUTHERLY, 3,012 feet more or less, along said |
|
westerly right-of-way line to the north right-of-way line of the |
|
aforementioned County Road 59; |
|
THENCE WESTERLY, 451 feet more or less, along said north |
|
right-of-way line to an angle point on the same and being common |
|
with the east right-of-way line of the aforementioned State Highway |
|
288; |
|
THENCE NORTHWESTERLY, 389 feet more or less, along said east |
|
right-of-way line to an angle point; |
|
THENCE WESTERLY, 509 feet more or less, crossing said State |
|
Highway 288 to an angle point on the west right-of-way line of the |
|
same; |
|
THENCE SOUTHWESTERLY, 381 feet more or less, along said west |
|
right-of-way line to an angle point on the same and being common |
|
with the north right-of-way line of the aforementioned County Road |
|
59; |
|
THENCE WESTERLY, 936 feet more or less, along said north |
|
right-of-way line to the POINT OF BEGINNING and containing 1,483 |
|
acres, more or less, 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, 2013. |