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relating to the creation of the Gateway Park Municipal Management |
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District; providing authority to issue bonds; providing authority |
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to impose assessments, fees, and 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 3985 to read as follows: |
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CHAPTER 3985. GATEWAY PARK MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3985.0101. 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 El Campo. |
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(3) "Development agreement" means a development |
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agreement between the city and the primary landowner that |
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establishes the standards that apply to development in the |
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district, in addition to those contained in zoning, subdivision, |
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and other applicable ordinances of the city. |
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(4) "Director" means a board member. |
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(5) "District" means the Gateway Park Municipal |
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Management District. |
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(6) "Rail facilities" includes all real and personal |
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property owned or held by the district for railroad purposes, |
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including land, interests in land, structures, easements, rail |
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lines, stations, platforms, rolling stock, garages, equipment, and |
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other facilities necessary or convenient for the operation of those |
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facilities. |
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Sec. 3985.0102. NATURE OF DISTRICT. The Gateway Park |
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Municipal Management District is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3985.0103. 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. |
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(b) By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(c) 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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(d) This chapter and the creation of the district may not be |
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interpreted to relieve the city from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant city services provided in the |
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district. |
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Sec. 3985.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district under powers conferred by Sections 52 and 52-a, Article |
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III, and Section 59, Article XVI, Texas Constitution, and other |
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powers granted under this chapter. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, |
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rail, and recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3985.0105. 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 bonds 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 bonds; |
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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. 3985.0106. 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; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 3985.0107. 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. 3985.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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Sec. 3985.0109. MUNICIPAL CONSENT OR AGREEMENT. (a) The |
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district shall comply with all applicable requirements of a |
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municipal ordinance or resolution that consents to the creation of |
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the district or to the inclusion of land in the district. |
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(b) An agreement between the district and a municipality |
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related to municipal consent to the creation of the district, |
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including a development agreement, is valid and enforceable. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3985.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors who serve staggered four-year |
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terms. |
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(b) Three directors must be elected in the manner provided |
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by Subchapter D, Chapter 49, Water Code. |
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(c) Two directors must be appointed by the governing body of |
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the city. |
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Sec. 3985.0202. QUALIFICATIONS. (a) To be qualified to |
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serve as a director, a person must be at least 18 years old. |
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(b) Of the elected directors: |
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(1) two directors must be qualified under Section |
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375.063, Local Government Code; and |
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(2) one director must be a resident of the city. |
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(c) The directors appointed by the governing body of the |
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city must be residents of the city. |
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Sec. 3985.0203. VACANCY. If a vacancy occurs on the board, |
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the remaining directors shall appoint a director for the remainder |
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of the unexpired term. |
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Sec. 3985.0204. COMPENSATION; EXPENSES. (a) The district |
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may compensate each elected director in an amount not to exceed $150 |
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for each board meeting. The total amount of compensation for each |
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director in one year may not exceed $7,200. |
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(b) An appointed director is not entitled to compensation |
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for service on the board. |
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(c) An elected or appointed director is entitled to |
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reimbursement for necessary and reasonable expenses incurred in |
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carrying out the duties and responsibilities of the board. |
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Sec. 3985.0205. INITIAL DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district, together with the city, may submit a petition to the Texas |
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Commission on Environmental Quality requesting that the commission |
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appoint as initial directors five persons named in the petition. |
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The commission shall appoint as initial directors the persons named |
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in the petition. |
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(b) Initial directors serve until the earlier of: |
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(1) for each director serving in a position for which |
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the directors are elected, the date the permanent directors are |
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elected under Section 3985.0201 or June 1, 2023; and |
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(2) for each director serving in a position for which |
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the directors are appointed under Section 3985.0201, June 1, 2023. |
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(c) If the permanent elected directors have not been elected |
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under Section 3985.0201 and the terms of those temporary directors |
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have expired, the Texas Commission on Environmental Quality shall |
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appoint or reappoint successor directors to serve terms that expire |
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on the earlier of: |
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(1) the date the permanent elected directors are |
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elected under Section 3985.0201; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3985.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3985.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 372 or 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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Sec. 3985.0303. 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. 3985.0304. LAW ENFORCEMENT SERVICES. To protect the |
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public interest, the district may contract with a qualified party, |
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including the city, to provide law enforcement services in the |
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district for a fee. |
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Sec. 3985.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The 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. 3985.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may engage in activities that accomplish the economic |
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development purposes of the district. |
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(b) The district may establish and provide for the |
|
administration of one or more programs to promote state or local |
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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 |
|
(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. 3985.0307. 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 |
|
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 |
|
purposes of the district and are owned, used, and held for a public |
|
purpose even if leased or operated by a private entity for a term of |
|
years. |
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(c) The district's parking facilities are parts of and |
|
necessary components of a street and are considered to be a street |
|
or road improvement. |
|
(d) The development and operation of the district's parking |
|
facilities may be considered an economic development program. |
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Sec. 3985.0308. ADDING OR EXCLUDING LAND. The district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 3985.0309. 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. 3985.0310. RAIL FACILITIES. The district may |
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construct, acquire, improve, maintain, finance, and operate rail |
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facilities and improvements for freight, commuter, or other rail |
|
purposes. |
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Sec. 3985.0311. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 3985.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
|
unless a written petition requesting that service or improvement |
|
has been filed with the board. |
|
(b) A petition filed under Subsection (a) 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 |
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certified tax appraisal roll for the county. |
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Sec. 3985.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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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 |
|
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: |
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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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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3985.0501. TAX ELECTION REQUIRED. The district must |
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hold an election in the manner provided by Chapter 49, Water Code, |
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or, if applicable, Chapter 375, Local Government Code, to obtain |
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voter approval before the district may impose an ad valorem tax. |
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Sec. 3985.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
|
election under Section 3985.0501, the district may impose an |
|
operation and maintenance tax on taxable property in the district |
|
in the manner provided by Section 49.107, Water Code, for any |
|
district purpose, including to: |
|
(1) maintain and operate the district; |
|
(2) construct or acquire improvements; or |
|
(3) provide a service. |
|
(b) The board shall determine the operation and maintenance |
|
tax rate. The rate may not exceed the rate approved at the |
|
election. |
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Sec. 3985.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
|
terms determined by the board. |
|
(b) The district may issue bonds, notes, or other |
|
obligations payable wholly or partly from ad valorem taxes, |
|
assessments, impact fees, revenue, contract payments, grants, or |
|
other district money, or any combination of those sources of money, |
|
to pay for any authorized district purpose. |
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Sec. 3985.0504. BONDS SECURED BY REVENUE OR CONTRACT |
|
PAYMENTS. The district may issue, without an election, bonds |
|
secured by: |
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(1) revenue other than ad valorem taxes, including |
|
contract revenues; or |
|
(2) contract payments, provided that the requirements |
|
of Section 49.108, Water Code, have been met. |
|
Sec. 3985.0505. BONDS SECURED BY AD VALOREM TAXES; |
|
ELECTIONS. (a) If authorized at an election under Section |
|
3985.0501, the district may issue bonds payable from ad valorem |
|
taxes. |
|
(b) Section 375.243, Local Government Code, does not apply |
|
to the district. |
|
(c) At the time the district issues bonds payable wholly or |
|
partly from ad valorem taxes, the board shall provide for the annual |
|
imposition of a continuing direct annual ad valorem tax, without |
|
limit as to rate or amount, for each year that all or part of the |
|
bonds are outstanding as required and in the manner provided by |
|
Sections 54.601 and 54.602, Water Code. |
|
(d) All or any part of any facilities or improvements that |
|
may be acquired by a district by the issuance of its bonds may be |
|
submitted as a single proposition or as several propositions to be |
|
voted on at the election. |
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Sec. 3985.0506. BONDS AND OTHER OBLIGATIONS FOR IMPROVEMENT |
|
UNDER AGREEMENT. If the improvements financed by an obligation |
|
will be constructed or financed pursuant to the imposition of |
|
assessments: |
|
(1) the district must enter into an agreement with the |
|
city before the issuance of the obligation; and |
|
(2) the obligation may be in the form of bonds, notes, |
|
or other obligations, payable wholly or partly from assessments, |
|
issued by public or private sale, in the manner provided by |
|
Subchapter A, Chapter 372, Local Government Code. |
|
Sec. 3985.0507. CONSENT OF MUNICIPALITY AND AGREEMENT |
|
REQUIRED. (a) The board may not issue bonds until each |
|
municipality in whose corporate limits or extraterritorial |
|
jurisdiction the district is located has consented by ordinance or |
|
resolution to the creation of the district and to the inclusion of |
|
land in the district. |
|
(b) Subsection (a) applies only to the district's first |
|
issuance of bonds payable from ad valorem taxes. |
|
(c) The board may not impose taxes or assessments, borrow |
|
money, or issue obligations until the district and the city have |
|
entered into an agreement for the development of the property in the |
|
district and financing of improvement projects in the district. |
|
SUBCHAPTER I. DISSOLUTION |
|
Sec. 3985.0901. DISSOLUTION. (a) The board shall dissolve |
|
the district on written petition filed with the board by the owners |
|
of: |
|
(1) 66 percent or more of the assessed value of the |
|
property subject to assessment by the district based on the most |
|
recent certified county property tax rolls; or |
|
(2) 66 percent or more of the surface area of the |
|
district, excluding roads, streets, highways, utility |
|
rights-of-way, other public areas, and other property exempt from |
|
assessment by the district according to the most recent certified |
|
county property tax rolls. |
|
(b) The board by majority vote may dissolve the district at |
|
any time. |
|
(c) The district may not be dissolved by its board under |
|
Subsection (a) or (b) if the district: |
|
(1) has any outstanding debt until that debt has been |
|
repaid or defeased in accordance with the order or resolution |
|
authorizing the issuance of the debt; |
|
(2) has a contractual obligation to pay money until |
|
that obligation has been fully paid in accordance with the |
|
contract; or |
|
(3) owns, operates, or maintains public works, |
|
facilities, or improvements unless the district contracts with |
|
another person for the ownership and operation or maintenance of |
|
the public works, facilities, or improvements. |
|
(d) Sections 375.261, 375.262, and 375.264, Local |
|
Government Code, do not apply to the district. |
|
SECTION 2. The Gateway Park Municipal Management District |
|
initially includes all territory contained in the following area: |
|
Field Note Description of a 410.73 acre tract of land |
|
situated in the I. & G.N. R.R. Co. Survey No. 37, Abstract No. 222, |
|
the I. & G.N. R.R. Co. Survey No. 36, Abstract No. 223 and the H. & |
|
T.C. R.R. Co. (J. Telfener) Survey No. 2, Abstract No. 453 in |
|
Wharton County, Texas, being a part or portion of a called 540.95 |
|
acre tract of land conveyed to Joe A. Zalman, Jr., et al, in Volume |
|
225, Page 156 in Official Records of Wharton County, Texas. |
|
BEGINNING at a 5/8" Iron Rod called and found at the |
|
intersection of the centerline of County Road 421 (measures 64' |
|
wide), with the Southeast right-of-way of the Texas Mexican |
|
Railway, for the North corner of said 540.95 acre tract, and for the |
|
North corner of this herein described tract; |
|
THENCE: S 34°23'52" E - along and with the centerline of |
|
County Road 421, same being the Northeast line of said 540.95 acre |
|
tract, a distance of 4,479.67 feet to a 5/8" Iron Rod (bent) called |
|
and found for an angle point of said 540.95 acre tract, in the East |
|
line of Survey No. 37, same being the North corner of a called 4.00 |
|
acre tract of land conveyed to Joseph J. Kocurek in Volume 173, Page |
|
566 in Official Records of Wharton County, Texas, and for an angle |
|
point of this herein described tract; |
|
THENCE: S 02°32'31" E - along and with the upper East line of |
|
said 540.95 acre tract, the East line of Survey No. 37, same being |
|
the West line of said 4.00 acre tract, at 146.79 feet, pass a 4" Iron |
|
Pipe called and found for reference, continuing on course a total |
|
distance of 177.14 feet to a 5/8" Iron Rod called and found in the |
|
centerline of County Road 405 (measures 64' wide), for the |
|
Southeast corner of Survey No. 37, the Northeast corner of Survey |
|
No. 36, the Northeast corner of a called 80.020 acre tract of land |
|
conveyed to Joseph John Kocurek in Volume 396, Page 602 in Deed |
|
Records of Wharton County, Texas, same being the upper Southeast |
|
corner of said 540.95 acre tract, and for the upper Southeast corner |
|
of this herein described tract; |
|
THENCE: S 87°25'51" W - along and with the centerline of |
|
County Road 405, the North line of said 80.020 acre tract, same |
|
being the upper South line of said 540.95 acre tract, a distance of |
|
1,098.24 feet to a 5/8" Iron Rod called and found for an interior |
|
corner of said 540.95 acre tract, same being the Northwest corner of |
|
said 80.020 acre tract, and for an interior corner of this herein |
|
described tract, from which, a 5/8" Iron Rod bears: N 51°06'58" W - |
|
1.42 feet; |
|
THENCE: S 02°33'37" E - along and with the lower East line of |
|
said 540.95 acre tract, same being the West line of said 80.020 acre |
|
tract, at 3,140.72 feet, pass a 4" Iron Pipe called and found for |
|
reference, continuing on course a total distance of 3,172.25 feet |
|
to a 5/8" Iron Rod called and found in the centerline of County Road |
|
400 (measures 64' wide), in the South line of Survey No. 36, same |
|
being in the North line of a called 82.125 acre tract of land |
|
conveyed to Rebekkah Jean Jones, et al, in Volume 1007, Page 19 in |
|
Official Records of Wharton County, Texas, for the lower Southeast |
|
corner of said 540.95 acre tract, and for the lower Southeast corner |
|
of this herein described tract from which, a 5/8" Iron Rod bears: N |
|
44°18'47" W - 3.80 feet; |
|
THENCE: S 87°26'24" W - along and with the centerline of |
|
County Road 400, the North line of said 82.125 acre tract, same |
|
being the lower South line of said 540.95 acre tract, a distance of |
|
1,689.69 feet to a point at the centerline intersection of County |
|
Road 400 and County Road 407 (measures 64' wide), for an angle point |
|
of said 540.95 acre tract, and for an angle point of this herein |
|
described tract, from which, a 5/8" Iron Rod bears: N 02°19'43" E - |
|
3.85 feet; |
|
THENCE: S 87°26'36" W - along and with the centerline of |
|
County Road 400, same being the lower South line of said 540.95 acre |
|
tract, a distance of 507.08 feet to a point for the lower Southwest |
|
corner of said 540.95 acre tract, same being the Southeast corner of |
|
a called 78.821 acre tract of land conveyed to the Watz Family Trust |
|
in Volume 730, Page 17 in Official Records of Wharton County, Texas, |
|
and for the lower Southwest corner of this herein described tract; |
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THENCE: N 02°35'11" W - along and with the West line of said |
|
540.95 acre tract, same being the East line of said 78.821 acre |
|
tract, at 10.17 feet, pass a 3/4" Iron Shaft called and found for |
|
reference, at 32.00 feet, pass a 5/8" Iron Rod set in the North line |
|
of County Road 400, continuing on course a total distance of |
|
3,174.10 feet to a 2" Iron Pipe (bent) called and found in the |
|
centerline of County Road 405, for an interior corner of said 540.95 |
|
acre tract, same being the Northeast corner of said 78.821 acre |
|
tract, and for an interior corner of this herein described tract; |
|
THENCE: S 87°25'24" W - along and with the centerline of |
|
County Road 405, the upper South line of said 540.95 acre tract, |
|
same being the North line of said 78.821 acre tract, a distance of |
|
444.85 feet to a point for the Southeast corner of a 113.44 acre |
|
tract of land surveyed by this firm January 14, 2019, and for the |
|
upper Southwest corner of this herein described tract; |
|
THENCE: N 02°32'31" W - along and with the East line of said |
|
113.44 acre tract, at 32.00 feet, pass a 5/8" Iron Rod set in the |
|
North margin of County Road 405, continuing a total distance of |
|
555.41 feet to a 5/8" Iron Rod set for an angle point of said 113.44 |
|
acre tract, and for an angle point of this herein described tract; |
|
THENCE: N 36°43'40" W - along and with the East line of said |
|
113.44 acre tract, a distance of 1,932.86 feet to a 5/8" Iron Rod |
|
set for the North corner of said 113.44 acre tract, same being in |
|
the Southeast line of a 16.75 acre tract of land surveyed by this |
|
firm January 14, 2019, and for the West corner of this herein |
|
described tract; |
|
THENCE: N 53°16'28" E - along and with the Southeast line of |
|
said 16.75 acre tract, a distance of 1,543.43 feet to a point at the |
|
PC of a non-tangent curve to the left, for an angle point of said |
|
16.75 acre tract, and for an angle point of this herein described |
|
tract; |
|
THENCE: Northeasterly - along and with the Southeast line of |
|
said 16.75 acre tract and with said non-tangent curve to the left, |
|
having a radius of 800.49 feet, an arc length of 72.72 feet, a chord |
|
bearing of N 50°40'19" E and a chord distance of 72.69 feet to a |
|
point for an angle point of said 16.75 acre tract, and for an angle |
|
point of this herein described tract; |
|
THENCE: N 48°04'10" E - along and with the Southeast line of |
|
said 16.75 acre tract, a distance of 184.07 feet to a point for an |
|
angle point of said 16.75 acre tract, and for an angle point of this |
|
herein described tract; |
|
THENCE: N 53°16'28" E - along and with the Southeast line of |
|
said 16.75 acre tract, a distance of 179.76 feet to a point at the PC |
|
of a non-tangent curve to the left, for an angle point of said 16.75 |
|
acre tract, and for an angle point of this herein described tract; |
|
THENCE: Northeasterly - along and with the Southeast line of |
|
said 16.75 acre tract and with said non-tangent curve to the left, |
|
having a radius of 800.49 feet, an arc length of 225.66 feet, a |
|
chord bearing of N 45°11'55" E and a chord distance of 224.91 feet to |
|
a point for an angle point of said 16.75 acre tract, and for an angle |
|
point of this herein described tract; |
|
THENCE: N 37°07'22" E - along and with the Southeast line of |
|
said 16.75 acre tract, a distance of 157.22 feet to a point at the PC |
|
of a non-tangent curve to the right, for an angle point of said |
|
16.75 acre tract, and for an angle point of this herein described |
|
tract; |
|
THENCE: Northeasterly - along and with the Southeast line of |
|
said 16.75 acre tract and with said non-tangent curve to the right, |
|
having a radius of 728.49 feet, an arc length of 156.81 feet, a |
|
chord bearing of N 43°17'22" E and a chord distance of 156.51 feet to |
|
a point for an angle point of said 16.75 acre tract, and for an angle |
|
point of this herein described tract; |
|
THENCE: N 49°27'22" E - along and with the Southeast line of |
|
said 16.75 acre tract, a distance of 80.15 feet to a point in the |
|
Northwest line of said 540.95 acre tract, same being in the |
|
Southeast right-of-way of the Texas Mexican Railway, for the East |
|
corner of said 16.75 acre tract, and for an angle point of this |
|
herein described tract; |
|
THENCE: N 53°16'20" E - along and with the Northwest line of |
|
said 540.95 acre tract, same being in the Southeast right-of-way of |
|
the Texas Mexican Railway, at 445.29 feet, pass a 5/8" Iron Rod |
|
(slightly bent) called and found in the Southwest margin of County |
|
Road 421, continuing on course a total distance of 477.29 feet to |
|
the POINT OF BEGINNING, containing within these metes and bounds |
|
410.73 Acres, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) 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, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4680 was passed by the House on May 3, |
|
2019, by the following vote: Yeas 126, Nays 14, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4680 was passed by the Senate on May |
|
21, 2019, by the following vote: Yeas 29, Nays 2. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |