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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers, duties, and governance of the Westwood |
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Magnolia Parkway Improvement District; authorizing assessments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1(a), Chapter 323, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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(a) The Westwood Magnolia Parkway [Southwest Montgomery
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County] Improvement District is created as a special district in |
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Montgomery County under Section 59, Article XVI, Texas |
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Constitution. |
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SECTION 2. Section 2, Chapter 323, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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Sec. 2. DEFINITIONS. In this Act: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "County" means Montgomery County, Texas. |
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(4) "District" means the Westwood Magnolia Parkway |
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[Southwest Montgomery County] Improvement District. |
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(5) [(4)] "Planned community" means a planned |
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community of 15,000 or more acres of land originally established |
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under the federal Urban Growth and New Community Development Act of |
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1970 (42 U.S.C. Section 4501 et seq.) that is subject to restrictive |
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covenants containing ad valorem based assessments. |
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SECTION 3. Sections 3(a) and (b), Chapter 323, Acts of the |
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78th Legislature, Regular Session, 2003, are amended to read as |
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follows: |
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(a) The creation of the district is essential to accomplish |
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the purposes of Sections [Section] 52 and 52-a, Article III, and |
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Section 59, Article XVI, Texas Constitution, and other public |
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purposes stated in this Act. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, economic |
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development, and the public welfare in a [the southwest] portion of |
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Montgomery County. |
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SECTION 4. Chapter 323, Acts of the 78th Legislature, |
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Regular Session, 2003, is amended by adding Section 4A to read as |
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follows: |
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Sec. 4A. DISTRICT TERRITORY. The district's territory |
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includes the following described territory: |
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Reserves "A" and "D" and Lots 39-92 of Block 1, Lots 55-79 of |
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Block 5, Lot 4 of Block 7, and Lots 12-25 of Block 8 of Westwood One, |
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a subdivision of record in Cabinet B, Sheets 62A-64B, Map Records of |
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Montgomery County, Texas (M.C.M.R.); |
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Lots 1-48 and 69-81 of Block 1, Lots 1-3 of Block 3, Lots 1-4 |
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of Block 4, Lots 1-4 of Block 5, Lots 1-5 of Block 6, Lots 1-5, |
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31-35, 38-39, and 65 of Block 7, Lots 1-6 of Block 8, Lots 1-6 of |
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Block 9, Lots 30-57 of Block 10, Lots 13-33 of Block 11, and Lots |
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1-15 of Block 12 of Westwood Two, a subdivision of record in Cabinet |
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B, Sheets 103A-107A, M.C.M.R.; |
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Lots 38-85 of Block 1, Lots 38 and 39 of Block 6, Lots 1, 2, |
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160, and 161 of Block 9, and Lots 1-33 of Block 12 of Westwood Three, |
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a subdivision of record in Cabinet B, Sheets 157A-159A, M.C.M.R.; |
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Lots 1-18 of Block 1 and Lots 1-10 of Block 9 of Westwood |
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Four, a subdivision of record in Cabinet C, Sheets 25A-25B, |
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M.C.M.R.; |
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All of Reserves "A", "B", and "C" of Kroger Store No. 389, a |
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subdivision of record under Cabinet V, Sheets 183 and 184, |
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M.C.M.R.; |
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All of Reserves "A" through "I" of West Village, a |
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subdivision of record in Cabinet Z, Sheets 594-597, M.C.M.R.; |
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Being all of the following tracts of land described as |
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follows: |
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TRACT ONE |
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BEGINNING at the southwest corner of that certain called |
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2.971 acre tract described as Tract I, in the deed from Hay S. Wong |
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to Karen Lee Thornton, by instrument of record under File Number |
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2003-148372, in the Official Public Records of Real Property of |
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Montgomery County, Texas (M.C.O.P.R.R.P.), said point being on the |
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north right-of-way line of FM 1488 (width varies); |
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Thence, Northerly along the west line of said 2.971 acre |
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tract, to the northwest corner of said 2.971 acre tract; |
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Thence, Easterly along the north line of said 2.971 acre |
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tract, the north line of the 2.926 acre tract described in the deed |
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from Lillian F. Beaman, Trustee to Steven L. Crews, et ux., by |
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instrument of record under File Number 2001-045818, |
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M.C.O.P.R.R.P., the north line of the 0.975 acre tract described in |
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the deed from Steven L. Crews, et al. to Thai Ocha, Inc., by |
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instrument of record under File Number 2003-128027, |
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M.C.O.P.R.R.P., the north line of the 1.72 acre tract described in |
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the deed from Bow Toy to Daniel P. Morrison, M.D., by instrument of |
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record under Volume 1163, Page 105, in the Deed Records of |
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Montgomery County, Texas, the north line of the 2.897 acre tract |
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described in the deed from Bow Toy, et ux., to Mary Anna Toy, by |
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instrument of record under File Number 9110997, M.C.O.P.R.R.P., the |
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north line of the 1.433 acre tract described as Tract I in the deed |
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from Theresa C. Queng to See Yeut Ming, by instrument of record |
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under File Number 2005-037291, M.C.O.P.R.R.P., the north line of |
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the 0.5730 acre tract described in the deed from David Lee to 1488 |
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Del Sul Investments, by instrument of record under File Number |
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2005-023510, M.C.O.P.R.R.P., the north line of the 0.5730 acre |
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tract described in the deed from Mary Susan Botkin to 1488 Del Sul |
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Investments, L.P., by instrument of record under File Number |
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2004-123177, M.C.O.P.R.R.P., the north line of the 0.8626 acre |
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tract described in the deed from Karen Lee Thornton, et al. to 1488 |
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Del Sul Investments, L.P., by instrument of record under File |
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Number 2004-129630, M.C.O.P.R.R.P., the north line of Lot C-3 |
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described in the deed from The Estate of Richard Lee to Karen Lee |
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Thornton, by instrument of record under File Number 99012443, |
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M.C.O.P.R.R.P., the north line of the 1.0 acre tract described in |
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the deed from Michael R. Pugh, et al. to CHBC Inc., by instrument of |
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record under File Number 2001-104753, M.C.O.P.R.R.P., the north |
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line of the 1.00 acre tract described in the deed from Michael R. |
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Pugh, et al. to George D. Cowger, et ux., by instrument of record |
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under File Number 9755259, M.C.O.P.R.R.P., and the north line of |
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the 0.816 acre tract described in the deed from Michael R. Pugh, et |
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al. to Dewaine Collom, by instrument of record under File Number |
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9803155, M.C.O.P.R.R.P., to the northeast corner of said 0.816 acre |
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tract, common to the northwest corner of Reserve "C" of Forest West, |
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Section One, a subdivision of record under Cabinet P, Sheets |
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156-158, Map Records of Montgomery County, Texas (M.C.M.R.); |
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Thence, Southerly along the west line of said Reserve "C", to |
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the southwest corner of said Reserve "C", to a point on the north |
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right-of-way line of said F.M. 1488; |
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Thence, Westerly along the north right-of-way line of FM 1488 |
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to the POINT OF BEGINNING. |
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TRACT TWO |
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All of the following described lands, BEGINNING at the |
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southeast corner of Reserve "B", of Forest West, Section One, a |
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subdivision of record under Cabinet P, Sheets 156-158, Map Records |
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of Montgomery County, Texas (M.C.M.R.); |
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Thence, Northerly along the most southerly east line of said |
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Reserve "B" to the most southerly southwest corner of Windcrest |
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Estates, Section One, a subdivision of record under Cabinet H, |
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Sheets 195A-1958, M.C.M.R.; |
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Thence, Easterly along the south line of said Windcrest |
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Estates, Section One, to the southeast corner of said Windcrest |
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Estates, Section One, said point being on the west right-of-way |
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line of Honea-Egypt Road (width varies) (FM 2978); |
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Thence, along said west right-of-way line of said Honea-Egypt |
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Road to the intersection of the west right-of-way line of said |
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Honea-Egypt Road and the north right-of-way line of FM 1488 (width |
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varies); |
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Thence, Westerly along the north right-of-way line of FM 1488 |
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to the POINT OF BEGINNING. |
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TRACT THREE |
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Being a 1.961 acre tract (calculated) being all of that |
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certain called 0.254 acre Restricted Commercial Reserve "A" of |
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Powell Plaza 111, a subdivision of record in Cabinet Z, Sheets 805, |
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Map Records of Montgomery County, Texas (M.C.M.R.), and being a |
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portion of that certain 1.168 (tract 1) and 0.9880 (tract 2) |
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described in the deed dated July 17, 2003, conveyed from Toby Powell |
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and wife, Vanessa Powell to Powell Plaza, L.L.C. by an instrument of |
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record under File Number 2003-088540, M.C.O.P.R.R.P., more |
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particularly described as follows: |
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BEGINNING at the southeast corner of said 0.9880 acre tract, |
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said point being the southwest corner of the residue of that certain |
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called 0.4848 acre tract conveyed to First Bank of Conroe, N.A. by |
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an instrument of record under File Number 2000-034432, |
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M.C.O.P.R.R.P.; |
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Thence, along the south line of said 0.9880 acre tract to the |
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southwest corner of said 0.9880 acre tract, said point being on the |
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east line of said 1.168 acre tract; |
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Thence, along the east line of said 1.168 acre tract to the |
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southeast corner of said 1.168 acre tract; |
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Thence, along the south line of said 1.168 acre tract to the |
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southwest corner of said 1. i 68 acre tract, said point being on the |
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east line of Reserve "A" of West Village, a subdivision of record in |
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Cabinet Z, Sheet 594, M.C.M.R.; |
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Thence, along the west line of said 1.168 acre tract and the |
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east line of said Reserve "A" of said West Village subdivision to |
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the southerly right-of-way line of FM 1488 as described in File |
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Numbers 2005-088763 and 2006-120899, M.C.O.P.R.R.P.; |
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Thence, along the south right-of-way line of said FM 1488 as |
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described in File Number 2006-120899, M.C.O.P.R.R.P. to a point for |
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corner on the east line of said 0.9880 acre tract and the west line |
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of the aforementioned 0.4848 acre tract; |
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Thence, along the east line of said 0.9880 acre tract and the |
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west line of said 0.4848 acre tract to the POINT OF BEGINNING of the |
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herein described tract of land. |
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TRACT FOUR |
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Being a 11.79 acre tract of land, located in the Dickinson |
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Garrett Survey, A-225, Montgomery County, Texas, being all of |
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Tracts 1 and 2 of FOREST WEST (an unrecorded subdivision), more |
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particularly being and all of that certain called 7.998 acre tract |
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(described as all of Tract 2 and a portion of Tract 1 of said FOREST |
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WEST) conveyed from Magnolia Circle properties, LTD. to HEB Grocery |
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Company, LP by an instrument of record under Document Number |
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2015009422, of the Official Public Records of Real Property of |
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Montgomery County, Texas (M.C.O.P.R.) and a portion of that certain |
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called 6.164 acre tract (described as a portion of Tract 1 of said |
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FOREST WEST) conveyed from First American Residential, L.L.C to HEB |
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Grocery Company, LP by an instrument of record under Document |
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Number 2015000626, M.C.O.P.R., more particularly described by |
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metes and bounds as follows (Bearings based on Texas Coordinate |
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System, Central Zone, NAD83, 1993 Adjustment): |
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COMMENCING at the north end of the northwest right-of-way |
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cutback corner at the intersection of Farm To Market 1488 (FM 1488) |
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(150' wide), as described under Volume 381, Page 489-491, of the |
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Deed Records of Montgomery County, Texas and File Number |
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2007-090725, of the Official Public Records of Real Property of |
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Montgomery County, Texas, and Magnolia Circle (60' wide), said |
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point being the northerly southeast corner of said 6.164 acre |
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tract; |
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Thence, North 03° 19' 15" West, along the east line of said |
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6.164 acre tract, common to the west line of said Magnolia Circle |
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Drive, 179.89 feet to the southeast corner and POINT OF BEGINNING of |
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the herein described tract, said point being the common east corner |
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of said Tract 1 and Tract "A" of the aforesaid FOREST WEST; |
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Thence, South 89° 48' 46" West, departing the east line of |
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said 6.164 acre tract and along the common line of said Tract "A" |
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and Tract 1, 519.00 feet to an angle point on the west line of said |
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6.164 acre tract, said point being the common west corner of said |
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Tract "A" and Tract 1, said point being the southwest corner of the |
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herein described tract; |
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Thence, North 03° 19' 15" West, along the west line of said |
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6.164 acre tract, common to the west line of aforesaid Tract 1, at |
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304.51 feet pass the common west corner of said 6.164 acre tract and |
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the aforesaid 7.998 acre tract, continuing along the west line of |
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said 7.998 acre tract, at 556.51 feet pass the common west corner of |
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said Tract 1 and the aforesaid Tract 2, continuing along the west |
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line of said 7.998 acre tract, common to the west line of said Tract |
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2 in all a total distance of 976.81 feet to the northwest corner of |
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the herein described tract, the northwest corner of said 7.998 acre |
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tract, and the common west corner of said Tract 2 and Tract 3 of |
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aforesaid FOREST WEST, said Tract 3 being all of that certain called |
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15.000 acre tract (described as Tract Two) conveyed from Issa S. |
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Fallaha to Rima Fallaha by an instrument of record under File Number |
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99097061, M.C.O.P.R.R.P.; |
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Thence, North 86° 40' 45" East, along the north line of said |
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7.998 acre tract, the south line of said 15.000 acre tract, and |
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along the common line of said Tract 2 and said Tract 3, 518.20 feet |
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to the northeast corner of the herein described tract, the |
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northeast corner of said 7.998 acre tract, the southeast corner of |
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said 15.000 acre tract, and the common east corner of said Tract 2 |
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and Tract 3, said point being on the west right-of-way line of |
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aforesaid Magnolia Circle; |
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Thence, South 03° 19' 15" East, along the east line of said |
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7.998 acre tract, common to the east line of said Tract 2, and said |
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west right-of-way line, at 420.41 feet pass the common east corner |
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of said Tract 1 and Tract 2, continuing along the east line of said |
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7.998 acre tract, common to said west right-of-way line and the east |
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line of said Tract 1, in all a total distance of 672.30 feet to the |
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common east corner of said 7.998 acre tract and the aforesaid 6.164 |
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acre tract; |
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Thence, South 03° 19' 29" East, along the east line of said |
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6.164 acre tract, common to the east line of said Tract 1 and the |
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west right-of-way line of said Magnolia Circle, 332.88 feet to the |
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POINT OF BEGINNING of the herein described tract and containing |
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11.79 acres of land, more or less. |
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SECTION 5. Section 5, Chapter 323, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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Sec. 5. FINDINGS RELATING TO BOUNDARIES. The boundaries |
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and field notes of the district as described by Section 4A of this |
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Act form a closure. A mistake in the field notes or in copying the |
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field notes in the legislative process does not in any way affect |
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the district's: |
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(1) organization, existence, or validity; |
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(2) right to enter any type of contract for a purpose |
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for which the district is created; |
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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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SECTION 6. Section 6(b), Chapter 323, Acts of the 78th |
|
Legislature, Regular Session, 2003, is amended to read as follows: |
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(b) All land and other property in the district will benefit |
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from the improvements and services to be provided by the district |
|
under powers conferred by Sections [Section] 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
|
powers granted under this Act. |
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SECTION 7. Section 9, Chapter 323, Acts of the 78th |
|
Legislature, Regular Session, 2003, is amended to read as follows: |
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Sec. 9. BOARD OF DIRECTORS. (a) Except as provided by this |
|
section [Section 14 of this Act], the district is governed by a |
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board of five [11] directors who serve staggered terms of four years |
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with two or three directors' terms expiring on June 1 of each |
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odd-numbered year. |
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(b) [Except as provided by Section 14 of this Act, six
|
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directors are elected by the voters of the district at large.] Five |
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directors are appointed as follows from persons recommended by the |
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board: |
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(1) two directors appointed by the county commissioner |
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of County Commissioners Precinct No. 2 [one director appointed by
|
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the governing body of the City of Magnolia]; |
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(2) [one director appointed by the governing body of
|
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the City of Stagecoach;
|
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[(3)] one director appointed by the governing body of |
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the City of Conroe; |
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(3) [(4)] one director appointed by the governing body |
|
of the Magnolia Independent School District; and |
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(4) [(5)] one director appointed by the county |
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commissioners court [Montgomery County Commissioners Court]. |
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(c) The board by resolution may change the number of |
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directors on the board if: |
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(1) the county commissioners court consents to the |
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change in the number of directors; |
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(2) the board determines that the change is in the best |
|
interest of the district; and |
|
(3) the board designates in the resolution a governing |
|
body of a political subdivision of this state to appoint from |
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persons recommended by the board the director for a new director |
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position established under this subsection. |
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(d) The board may not consist of fewer than five or more than |
|
nine directors. |
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(e) To be eligible to serve as a director, a person must be |
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at least 18 years old[, a resident of the district,] and: |
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(1) an owner of real property in the district; |
|
(2) an owner, whether beneficial or otherwise, of at |
|
least 10 percent of the outstanding stock of a corporate owner of |
|
real property in the district or of a corporate lessee of real |
|
property in the district with a lease term of five years or more |
|
measured from the date of appointment or election, excluding |
|
options; |
|
(3) an owner of at least 10 percent of the beneficial |
|
interest in a trust that: |
|
(A) owns real property in the district; or |
|
(B) leases real property in the district under an |
|
original lease term of five years or more measured from the date of |
|
appointment or election, excluding options; |
|
(4) a lessee of real property in the district under an |
|
original lease term of five years or more, excluding options; |
|
(5) an owner of at least 10 percent of the outstanding |
|
interest in a general or limited partnership that: |
|
(A) owns real property in the district; or |
|
(B) leases real property in the district under an |
|
original lease term of five years or more measured from the date of |
|
appointment or election, excluding options; or |
|
(6) an agent, employee, officer, or director of any |
|
individual, corporation, trust, or partnership that owns or leases |
|
real property described by Subdivision (1), (2), (3), (4), or (5) of |
|
this subsection who is designated by the owner or lessee to serve as |
|
a director. |
|
(f) [(d)] A person may not be appointed as a director under |
|
Subsection (b) of this section if: |
|
(1) the appointment would cause more than two [three] |
|
members of the board to be an agent, employee, officer, or director |
|
of the same individual, corporation, trust, or partnership that |
|
owns or leases property in the district; or |
|
(2) the proposed director serves on the board of |
|
directors of a nonprofit organization, such as a homeowners |
|
association or chamber of commerce, that serves any purpose similar |
|
to those of the district, including economic development, and |
|
serves a geographic territory that encompasses any part of the |
|
district. |
|
SECTION 8. Section 10(a), Chapter 323, Acts of the 78th |
|
Legislature, Regular Session, 2003, is amended to read as follows: |
|
(a) A vacancy in an appointed position is filled for the |
|
remainder of the unexpired term by the appointment of a person |
|
recommended by the board made by the entity that made the original |
|
appointment. [A vacancy in an elected position is filled by the
|
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remaining members of the board for the unexpired term.] |
|
SECTION 9. Chapter 323, Acts of the 78th Legislature, |
|
Regular Session, 2003, is amended by adding Sections 11A and 11B to |
|
read as follows: |
|
Sec. 11A. QUORUM. For purposes of determining a quorum of |
|
the board, the following are not counted: |
|
(1) a board position vacant for any reason, including |
|
death, resignation, or disqualification; or |
|
(2) a director who is abstaining from participation in |
|
a vote because of a conflict of interest. |
|
Sec. 11B. COMPENSATION. A director is entitled to receive |
|
fees of office and reimbursement for actual expenses as provided by |
|
Section 49.060, Water Code. Sections 375.069 and 375.070, Local |
|
Government Code, do not apply to the board. |
|
SECTION 10. Section 13, Chapter 323, Acts of the 78th |
|
Legislature, Regular Session, 2003, is amended to read as follows: |
|
Sec. 13. REMOVAL OF DIRECTOR. On petition of at least |
|
two-thirds of the remaining directors, a governing body or person |
|
that appointed a director to the [The] board, after notice and |
|
hearing, may remove the [a] director for: |
|
(1) misconduct; |
|
(2) [or] failure to carry out the director's duties; |
|
or |
|
(3) failure to attend three consecutive meetings [by
|
|
vote of not less than 75 percent of the remaining directors]. |
|
SECTION 11. Section 18(b), Chapter 323, Acts of the 78th |
|
Legislature, Regular Session, 2003, is amended to read as follows: |
|
(b) A project authorized under this section may include: |
|
(1) landscaping, lighting, banners, signs, streets or |
|
sidewalks, hike and bike paths and trails, pedestrian walkways, |
|
skywalks, crosswalks or tunnels, and highway right-of-way or |
|
transit corridor beautification and improvements; |
|
(2) drainage or storm water detention improvements and |
|
solid waste, water, sewer, telecommunications infrastructure, or |
|
power facilities and services, including electrical, gas, steam, |
|
and chilled water facilities; |
|
(3) parks, lakes, gardens, recreational facilities, |
|
open space, scenic areas, and related exhibits and preserves, |
|
fountains, plazas, and pedestrian malls, public art and sculpture |
|
and related exhibits and facilities, and educational and cultural |
|
exhibits and facilities; |
|
(4) conferences, conventions, or exhibitions, |
|
manufacturer, consumer, or trade shows, civic, community, or |
|
institutional events, exhibits, displays, attractions and |
|
facilities for special events, holidays, and seasonal or cultural |
|
celebrations; |
|
(5) off-street parking facilities, bus terminals, |
|
heliports, mass-transit, and roadway-borne or water-borne |
|
transportation and people-mover systems; and |
|
(6) any other public improvements, facilities, or |
|
services authorized under this Act or Chapter 375, Local Government |
|
Code [similar to the projects described in this subsection]. |
|
SECTION 12. Chapter 323, Acts of the 78th Legislature, |
|
Regular Session, 2003, is amended by adding Sections 19A, 19B, 19C, |
|
19D, and 19E to read as follows: |
|
Sec. 19A. TAX AND ASSESSMENT ABATEMENTS. The district may |
|
designate reinvestment zones and may grant abatements of district |
|
taxes or assessments on property within such zones. |
|
Sec. 19B. DISBURSEMENTS AND TRANSFERS OF MONEY. The board |
|
by resolution shall establish the number of directors' signatures |
|
and the procedure required for a disbursement or transfer of |
|
district money. |
|
Sec. 19C. MONEY USED FOR IMPROVEMENTS OR SERVICES. The |
|
district may acquire, construct, finance, operate, or maintain any |
|
improvement or service authorized under this Act or Chapter 375, |
|
Local Government Code, using any money available to the district. |
|
Sec. 19D. PETITION REQUIRED FOR FINANCING SERVICES AND |
|
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
|
service or improvement project with assessments under this Act |
|
unless a written petition requesting that service or improvement |
|
has been filed with the board. |
|
(b) A petition filed under Subsection (a) of this section |
|
must be signed by the owners of a majority of the assessed value of |
|
real property in the district subject to assessment according to |
|
the most recent certified tax appraisal roll for the county. |
|
Sec. 19E. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The |
|
board by resolution may impose and collect an assessment for any |
|
purpose authorized by this Act in all or any part of the district. |
|
(b) An assessment, a reassessment, or an assessment |
|
resulting from an addition to or correction of the assessment roll |
|
by the district, penalties and interest on an assessment or |
|
reassessment, an expense of collection, and reasonable attorney's |
|
fees incurred by the district: |
|
(1) are a first and prior lien against the property |
|
assessed; |
|
(2) are superior to any other lien or claim other than |
|
a lien or claim for county, school district, or municipal ad valorem |
|
taxes; and |
|
(3) are the personal liability of and a charge against |
|
the owners of the property even if the owners are not named in the |
|
assessment proceedings. |
|
(c) The lien is effective from the date of the board's |
|
resolution imposing the assessment until the date the assessment is |
|
paid. The board may enforce the lien in the same manner that the |
|
board may enforce an ad valorem tax lien against real property. |
|
(d) The board may make a correction to or deletion from the |
|
assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
|
the manner required for additional assessments. |
|
SECTION 13. Chapter 323, Acts of the 78th Legislature, |
|
Regular Session, 2003, is amended by adding Sections 23A, 23B, 23C, |
|
23D, and 23E to read as follows: |
|
Sec. 23A. DEVELOPMENT CORPORATION POWERS. The district, |
|
using money available to the district, may exercise the powers |
|
given to a development corporation under Chapter 505, Local |
|
Government Code, including the power to own, operate, acquire, |
|
construct, lease, improve, or maintain a project that may be |
|
undertaken in accordance with that chapter. |
|
Sec. 23B. NONPROFIT CORPORATION. (a) The board by |
|
resolution may authorize the creation of a nonprofit corporation to |
|
assist and act for the district in implementing a project or |
|
providing a service authorized by this Act. |
|
(b) The nonprofit corporation: |
|
(1) has each power of and is considered to be a local |
|
government corporation created under Subchapter D, Chapter 431, |
|
Transportation Code; and |
|
(2) may implement any project and provide any service |
|
authorized by this Act. |
|
(c) The board shall appoint the board of directors of the |
|
nonprofit corporation. The board of directors of the nonprofit |
|
corporation shall serve in the same manner as the board of directors |
|
of a local government corporation created under Subchapter D, |
|
Chapter 431, Transportation Code, except that a board member is not |
|
required to reside in the district. |
|
Sec. 23C. AGREEMENTS; GRANTS. (a) As provided in Chapter |
|
375, Local Government Code, the district may make an agreement with |
|
or accept a gift, grant, or loan from any person. |
|
(b) The implementation of a project is a governmental |
|
function or service for the purposes of Chapter 791, Government |
|
Code. |
|
Sec. 23D. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
|
district may join and pay dues to a charitable or nonprofit |
|
organization that performs a service or provides an activity |
|
consistent with the furtherance of a district purpose. |
|
Sec. 23E. ECONOMIC DEVELOPMENT PROGRAMS. (a) The district |
|
may engage in activities that accomplish the economic development |
|
purposes of the district. |
|
(b) The district may establish and provide for the |
|
administration of one or more programs to promote state or local |
|
economic development and to stimulate business and commercial |
|
activity in the district, including programs to: |
|
(1) make loans and grants of public money; and |
|
(2) provide district personnel and services. |
|
(c) The district may create economic development programs |
|
and exercise the economic development powers provided to |
|
municipalities by: |
|
(1) Chapter 380, Local Government Code; and |
|
(2) Subchapter A, Chapter 1509, Government Code. |
|
SECTION 14. Chapter 323, Acts of the 78th Legislature, |
|
Regular Session, 2003, is amended by adding Section 25A to read as |
|
follows: |
|
Sec. 25A. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All |
|
or any part of the area of the district is eligible to be included |
|
in: |
|
(1) a tax increment reinvestment zone created under |
|
Chapter 311, Tax Code; |
|
(2) a tax abatement reinvestment zone created under |
|
Chapter 312, Tax Code; |
|
(3) an enterprise zone created under Chapter 2303, |
|
Government Code; or |
|
(4) an industrial district created under Chapter 42, |
|
Local Government Code. |
|
SECTION 15. Section 26(c), Chapter 323, Acts of the 78th |
|
Legislature, Regular Session, 2003, is amended to read as follows: |
|
(c) The district may adopt, reduce, or repeal the limited |
|
sales and use tax authorized by this section at an election in which |
|
a majority of the voters of the district voting in the election |
|
approve the adoption or the abolition of the tax, as applicable. |
|
The board may set the tax at any rate of up to two percent in |
|
increments of one-eighth of one percent except that the tax may not |
|
be imposed at a rate that would cause the combined tax rate of all |
|
local sales and use taxes in any location in the district to exceed |
|
two percent. If as a result of the imposition or increase in a sales |
|
and use tax by the district in an area in which there is located all |
|
or part of a political subdivision that has adopted a sales and use |
|
tax or as a result of the annexation by the district of all or part |
|
of the territory in a political subdivision that has adopted a sales |
|
and use tax the overlapping local sales and use taxes in the area |
|
will exceed a total of two percent, the district's sales and use tax |
|
is automatically reduced in that area to a rate that when added to |
|
the combined rate of local sales and use taxes will equal two |
|
percent. |
|
SECTION 16. Chapter 323, Acts of the 78th Legislature, |
|
Regular Session, 2003, is amended by adding Section 27A to read as |
|
follows: |
|
Sec. 27A. AUTHORITY TO BORROW MONEY. The district may |
|
borrow money on terms as determined by the board. Section 375.205, |
|
Local Government Code, does not apply to a loan, line of credit, or |
|
other borrowing from a bank or financial institution secured by |
|
revenue other than ad valorem taxes. |
|
SECTION 17. Section 28(c), Chapter 323, Acts of the 78th |
|
Legislature, Regular Session, 2003, is amended to read as follows: |
|
(c) To pay for any district purpose authorized by law, and |
|
in [In] addition to the sources of money described by Subchapter J, |
|
Chapter 375, Local Government Code, the bonds of the district may be |
|
secured and made payable, wholly or partly, by a pledge of any part |
|
of any source of money for the district, including: |
|
(1) sales and use taxes; |
|
(2) assessments; |
|
(3) impact fees; |
|
(4) revenue; |
|
(5) contract payments; or |
|
(6) grants [the net proceeds the district receives
|
|
from a specified portion of the sales and use tax authorized by this
|
|
Act]. |
|
SECTION 18. REPEAL. The following provisions of Chapter |
|
323, Acts of the 78th Legislature, Regular Session, 2003, are |
|
repealed: |
|
(1) Section 4; |
|
(2) Section 10(b); |
|
(3) Section 11; |
|
(4) Section 15; |
|
(5) Section 16; |
|
(6) Section 19; and |
|
(7) Section 23. |
|
SECTION 19. (a) An elected or appointed director of the |
|
Westwood Magnolia Parkway Improvement District's board of |
|
directors who is serving on September 1, 2017, continues to serve |
|
until the expiration of the director's term. If the position of a |
|
director who is serving on that date subsequently becomes vacant |
|
before the expiration of the director's term, the vacancy shall be |
|
filled in the same manner as Section 10, Chapter 323, Acts of the |
|
78th Legislature, Regular Session, 2003, provided immediately |
|
before September 1, 2017. |
|
(b) On the expiration of the terms of the directors who are |
|
continuing to serve on September 1, 2017, as described by |
|
Subsection (a) of this section, the county commissioner serving for |
|
County Commissioners Precinct No. 2 for the Montgomery County |
|
Commissioners Court shall appoint two members in the manner |
|
provided by Section 9, Chapter 323, Acts of the 78th Legislature, |
|
Regular Session, 2003, as amended by this Act. |
|
(c) This section expires January 2, 2025. |
|
SECTION 20. (a) The legislature validates and confirms all |
|
acts and proceedings of the board of directors of the Westwood |
|
Magnolia Parkway Improvement District that were taken before the |
|
effective date of this Act. |
|
(b) Subsection (a) of this section does not apply to any |
|
matter that on the effective date of this Act: |
|
(1) is involved in litigation if the litigation |
|
ultimately results in the matter being held invalid by a final |
|
judgment of a court; or |
|
(2) has been held invalid by a final judgment of a |
|
court. |
|
SECTION 21. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 22. This Act takes effect September 1, 2017. |