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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the City of Kemah Municipal Management |
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District No. 1; providing a limited authority of eminent domain; |
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providing authority to issue bonds and impose assessments, fees, |
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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 3976 to read as follows: |
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CHAPTER 3976. CITY OF KEMAH MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3976.0101. 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 Kemah, Texas. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Director" means a board member. |
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(5) "District" means the City of Kemah Municipal |
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Management District No. 1. |
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Sec. 3976.0102. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution. |
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Sec. 3976.0103. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city 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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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city from providing the level of |
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services provided to the area in the district as of the effective |
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date of the Act enacting this chapter. The district is created to |
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supplement and not to supplant the city services provided in the |
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district. |
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Sec. 3976.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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(d) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; |
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(3) develop or expand transportation and commerce; and |
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(4) provide quality residential housing. |
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(e) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways 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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(f) 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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(g) 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. 3976.0105. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under other |
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law. |
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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 contract; |
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(3) authority to borrow money or issue bonds or other |
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obligations described by Section 3976.0501 or to pay the principal |
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and interest of the bonds or other obligations; |
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(4) right to impose or collect an assessment, or |
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collect other revenue; or |
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(5) legality or operation. |
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Sec. 3976.0106. 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. 3976.0107. 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. 3976.0108. CONFLICTS OF LAW. This chapter prevails |
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over any provision of Chapter 375, Local Government Code, that is in |
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conflict or inconsistent with this chapter. |
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Sec. 3976.0109. CONSENT OF MUNICIPALITY REQUIRED. The |
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board may not hold an election to authorize the issuance of bonds |
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until the governing body of the city by ordinance or resolution |
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consents to the creation of the district and to the inclusion of |
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land in the district. The city's consent must be granted in the |
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manner provided by Section 54.016, Water Code, for including land |
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within the corporate limits or extraterritorial jurisdiction of a |
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city. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3976.0201. GOVERNING BODY; TERMS. The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring June 1 of |
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each odd-numbered year. One director is appointed by the city, and |
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four directors are appointed by the commission as provided by |
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Sections 3976.0202 and 3976.0203, respectively. |
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Sec. 3976.0202. APPOINTMENT AND REMOVAL OF DIRECTOR |
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APPOINTED BY CITY. (a) The governing body of the city shall |
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appoint one director who must be: |
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(1) at least 18 years of age; and |
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(2) a resident of the city. |
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(b) At any time the governing body of the city may remove the |
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director appointed by the city and appoint a director to serve the |
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remainder of the removed director's term. |
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Sec. 3976.0203. APPOINTMENT BY COMMISSION. (a) Before the |
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term of a director other than a director appointed under Section |
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3976.0202 expires, the board shall recommend to the commission the |
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appropriate number of persons to serve as successor directors. The |
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commission shall appoint as directors the persons recommended by |
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the board. |
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(b) A person recommended by the board under Subsection (a) |
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must be: |
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(1) at least 18 years of age; |
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(2) an owner of property in the district; |
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(3) an owner of stock, whether beneficial or |
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otherwise, of a corporate owner of property in the district; |
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(4) an owner of a beneficial interest in a trust that |
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owns property in the district; or |
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(5) an agent, employee, or tenant of a person |
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described by Subdivision (2), (3), or (4). |
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Sec. 3976.0204. VACANCY. (a) Except as provided by |
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Subsection (b), if a vacancy occurs on the board, the remaining |
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directors shall appoint a director for the remainder of the |
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unexpired term. |
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(b) If a vacancy occurs in the office of the director |
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appointed by the city, the city shall appoint a director for the |
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remainder of the unexpired term. |
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Sec. 3976.0205. DIRECTOR'S OATH OR AFFIRMATION. (a) A |
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director shall file the director's oath or affirmation of office |
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with the district, and the district shall retain the oath or |
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affirmation in the district records. |
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(b) A director shall file a copy of the director's oath or |
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affirmation with the secretary of the city. |
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Sec. 3976.0206. OFFICERS. The board shall elect from among |
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the directors a chair, a vice chair, and a secretary. The offices |
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of chair and secretary may not be held by the same person. |
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Sec. 3976.0207. COMPENSATION; EXPENSES. (a) The district |
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may compensate each director in an amount not to exceed $150 for |
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each board meeting. The total amount of compensation a director may |
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receive each year may not exceed $7,200. |
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(b) A director is entitled to reimbursement for necessary |
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and reasonable expenses incurred in carrying out the duties and |
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responsibilities of the board. |
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Sec. 3976.0208. INITIAL DIRECTORS. (a) On or after |
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September 1, 2019, the owner or owners of a majority of the assessed |
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value of the real property in the district according to the most |
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recent certified tax appraisal rolls for the county may submit a |
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petition to the commission requesting that the commission appoint |
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as initial directors the four persons named in the petition. The |
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commission shall appoint as initial directors the four persons |
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named in the petition. |
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(b) The governing body of the city shall appoint one initial |
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director. |
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(c) The initial directors shall determine by lot which three |
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positions expire June 1, 2021, and which two positions expire June |
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1, 2023. |
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(d) This section expires September 1, 2021. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3976.0301. 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. 3976.0302. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using money available to the district, or contract with a |
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governmental or private entity to provide, design, construct, |
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acquire, improve, relocate, operate, maintain, or finance an |
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improvement project or service authorized under this chapter or |
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Chapter 375, Local Government Code. |
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Sec. 3976.0303. LOCATION OF IMPROVEMENT PROJECT. A |
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district improvement project may be located inside or outside of |
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the district. |
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Sec. 3976.0304. OWNERSHIP OF IMPROVEMENT PROJECTS. (a) |
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Before a district improvement project may be put into operation, |
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the district must transfer ownership of the project: |
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(1) if the project is a water and sewer improvement |
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project, to the Galveston County Water Control and Improvement |
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District No. 12; or |
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(2) if the project is not described by Subdivision |
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(1), to the city. |
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(b) The transfer of ownership is complete on the applicable |
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entity's acceptance of ownership. |
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Sec. 3976.0305. RETAIL WATER AND SEWER SERVICES PROHIBITED. |
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The district may not provide retail water or sewer services. |
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Sec. 3976.0306. ADDING OR REMOVING TERRITORY. (a) Subject |
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to Subsection (b), the board may add or remove territory as provided |
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by Subchapter J, Chapter 49, Water Code. |
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(b) The district may add territory as described by |
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Subsection (a) only if the governing body of the city by ordinance |
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or resolution consents to the addition. |
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Sec. 3976.0307. LIMITED EMINENT DOMAIN POWER. The district |
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may not exercise the power of eminent domain unless the governing |
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body of the city consents to the exercise. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3976.0401. 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 the district's money. |
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Sec. 3976.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, or finance an improvement |
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project or service authorized by this chapter or Chapter 375, Local |
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Government Code, using any money available to the district. |
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Sec. 3976.0403. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3976.0404. 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 |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district are: |
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(1) a first and prior lien against the property |
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assessed; |
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(2) superior to any other lien or claim other than a |
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lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) the personal liability of and a charge against the |
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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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(e) The district may not impose an assessment on a |
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municipality, county, or other political subdivision. |
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Sec. 3976.0405. NOTICE OF ASSESSMENTS. Annually, the board |
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shall file with the secretary of the city written notice that |
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specifies the assessments the district will impose in the |
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district's next fiscal year in sufficient clarity to describe the |
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assessments for the operation and maintenance of the district and |
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the assessments for the payment of debt service of obligations |
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issued or incurred by the district. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3976.0501. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue, by public or private sale, bonds, notes, or |
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other obligations payable wholly or partly from ad valorem taxes or |
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assessments in the manner provided by Subchapter A, Chapter 372, or |
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Subchapter J, Chapter 375, Local Government Code. Sections |
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375.207(a) and (b), Local Government Code, do not apply to the |
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district. |
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(b) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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(c) In addition to the sources of money described by |
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Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local |
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Government Code, district bonds may be secured and made payable |
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wholly or partly by a pledge of any part of the money the district |
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receives from improvement revenue or from any other source. |
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(d) Not later than the 30th day before the date the district |
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holds a bond sale, the district shall provide the governing body of |
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the city written notice of the sale. |
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Sec. 3976.0502. TAXES FOR WATER, WASTEWATER, AND DRAINAGE |
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PURPOSES. Taxes the district imposes for water, wastewater, and |
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drainage facility construction, if any, are for the particular |
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benefit of the area inside the district, do not generally or |
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directly benefit the area inside the Galveston County Water Control |
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and Improvement District No. 12 as a whole, and do not duplicate a |
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tax imposed by the Galveston County Water Control and Improvement |
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District No. 12. |
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SUBCHAPTER F. DISSOLUTION |
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Sec. 3976.0601. DISSOLUTION BY CITY ORDINANCE. (a) The |
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governing body of the city may dissolve the district by ordinance. |
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(b) The governing body of the city may not dissolve the |
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district until water, sanitary, sewer, and drainage improvements |
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and roads have been constructed to serve at least 90 percent of the |
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developable territory of the district. |
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(c) Until the district is dissolved, the district is |
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responsible for all bonds and other obligations of the district. |
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(d) The board may not dissolve the district under Subchapter |
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M, Chapter 375, Local Government Code, unless the board obtains the |
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written consent of the city. |
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Sec. 3976.0602. COLLECTION OF ASSESSMENTS AND OTHER |
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REVENUE. (a) If the dissolved district has bonds or other |
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obligations outstanding secured by and payable from assessments or |
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other revenue, other than revenue from ad valorem taxes, the city |
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shall succeed to the rights and obligations of the district |
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regarding enforcement and collection of the assessments or other |
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revenue. |
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(b) The city shall have and exercise all district powers to |
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enforce and collect the assessments or other revenue to pay: |
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(1) the bonds or other obligations when due and |
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payable according to their terms; or |
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(2) special revenue or assessment bonds or other |
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obligations issued by the city to refund the outstanding bonds or |
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obligations. |
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Sec. 3976.0603. ASSUMPTION OF ASSETS AND LIABILITIES. (a) |
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After the city dissolves the district, the city assumes, subject to |
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the appropriation and availability of funds, the obligations of the |
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district, including any bonds or other debt payable from |
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assessments or other district revenue. |
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(b) If the city dissolves the district, the board shall |
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transfer ownership of all district property to the city. |
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SECTION 2. The City of Kemah Municipal Management District |
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No. 1 initially includes all the territory contained in the |
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following area: |
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Metes and Bounds Description |
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61.7448 Acres |
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(2,689,603 Square Feet) |
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All that certain 61.7448 acre (2,689,603 square foot) tract |
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of land situated in the Miguel Muldoon 2 League Grant, Abstract |
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Number 18, Galveston County, Texas, and being out of a part of that |
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certain call 93 acre tract described in a deed to Solomen J. Gordy |
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in Volume 485, Page 475, of the Galveston County Deed Records |
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(G.C.D.R.), said 61,7448 acre tract being more particularly |
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described by metes and bounds as follows: (All bearings are based |
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on the Texas State Plane Coordinate System, South Central Zone |
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Commending at a 5/8 inch iron rod with plastic cap stamped |
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"BENCHMARK ENGR." Set in the recognized southerly line of the said |
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Muldoon 2, League Grant and said 93 acre tract for the southwest |
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corner of that certain call 10l.709 acre tract described in a deed |
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to Houston Lighting and Power (H.L.&P.) Company in Volume 1563, |
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Page 669, of the GC.D.R., same being in the northerly line of a call |
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639.740 acre tract described in a deed to Weems, Kelsey Management |
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Company No. 2 LTD. in Volume 2252, Page 880, of the G.C.D.R., for |
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the southeast corner of the herein described tract; |
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Thence, with the northerly line of said 639.740 acre tract |
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and the southerly line of said 93 acre tract and the herein |
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described tract, South 47 Degrees 33 Minutes 12 Seconds West, a |
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distance of 1175.93 feet to a 5/8 inch iron rod with plastic cap |
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stamped "BENCHMARK ENGR." set for the most southerly southeast |
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corner and Point of Beginning of the herein described tract; |
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Thence, continuing along the northerly line of said 639.740 |
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acre tract and southerly line of said 93 acre tract an the herein |
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described tract, South 47 Degrees 33 Minutes 12 Seconds West, at |
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522.87 feet pass a 5/8 inch iron rod with a Texas Department of |
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Transportation (TXDOT) aluminum disk found for the intersection of |
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the southerly line of said 93 acre tract with the northerly |
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right-of-way (R.O.W.) line and point of curvature of State Highway |
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Number 96 (SH96), and continue, in all, a distance of 1145.99 feet |
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to a 5/8 inch iron rod with plastic cap stamp "BENCHMARK ENGR." set |
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in the northerly R.O.W. line of said SH96 for the southwest corner |
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of said 93 acre tract and the herein described tract; |
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Thence, departing at the northerly R.O.W. line of said SH96, |
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and with the westerly line of said 93 acre tract and the herein |
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described tract, North 42 Degrees 25 Minutes 43 Seconds West, a |
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distance for 1501.14 feet to a 5/8 inch iron rod with plastic cap |
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stamped "BENCHMARK ENGR." set for the southwest corner of a call |
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57,1644 acre tract described in a deed to Galveston County, Texas in |
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Galveston County Clerk's File (G.C.C.F.) Number 9041097 and the |
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northwest corner of said 93 acre tract and the herein described |
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tract; |
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Thence, with the southerly line of said 57.1644 acre tract |
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and the northerly line of said 93 acre tract and the herein |
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described tract, North 47 Degrees 34 Minutes 46 Seconds East, at |
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1792.35 feet pass a 1/2 inch iron rod found for the southeast corner |
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of said 57.1644 acre tract and the southwest corner of a call 43.41 |
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acre tract described in a partition deed to E.T. Roberts by Susan L. |
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Roberts, et al, in Vol. 269, Page 581, of the G.CD.R., and continue, |
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in all, a distance of 2677.36 feet to a 5/8 inch iron rod with |
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plastic stamped "BENCHMARK ENGR." Set for the northwest corner of |
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said 10.709 acre tract, same being the southwest corner of a call |
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9.742 acre tract described in a deed to H.L.&P. Company in Volume |
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1587, Page 258, of the G.C.D.R., and the northeast corner of the |
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herein described tract; |
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Thence, through and across said 93 acre tract the following |
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(5) courses: |
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(1) South 29 Degrees 05 Minutes 53 Seconds East, a |
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distance of 753.67 feet to a 5/8 inch iron rod with plastic cap |
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stamped "BENCHMARK ENGR." set in the westerly line of said 10.709 |
|
acre tract for the most easterly southeast corner; |
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(2) South 60 Degrees 54 Minutes 07 Second West, a |
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distance of 800.09 feet to a 5/8 inch iron rod with plastic cap |
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stamped "BENCHMARK ENGR." set for an interior corner; |
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(3) South 29 Degrees 05 Minutes 53 Seconds East, a |
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distance of 129.82 feet a 5/8 inch iron rod with plastic cap stamped |
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"BENCHMARK ENGR." set for an interior corner; |
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(4) South 52 Degrees 02 Minutes 24 Seconds West, a |
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distance of 483.16 feet to a 5/8 inch iron rod with plastic cap |
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stamped "BENCHMARK ENGR." set for an interior corner; |
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(5) South 37 Degrees 57 Minutes 36 Seconds East, a |
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distance of 865.47 feet to the Point of Beginning and containing |
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61.7448 acres of land. |
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Metes and Bounds Description |
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0.0818 Acres |
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(3562Square Feet) |
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All that certain 0.0818 acre (3562 square foot) tract of land |
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situated in the Rafael Basque Survey, Abstract Number 32, Galveston |
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County, Texas, and being out of a part of that certain call 639.740 |
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acre tract described in a deed to Weems & Kelsey Management Company |
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No. 2, LTD. in Volume 2253, Page 880 of the Galveston County Deed |
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Records (G.C.D.R.), said 0.0818 acre tract being more particularly |
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described by metes and bounds as follows: (All bearings are based |
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on the Texas State Plane Coordinate System, South Central Zone) |
|
Commencing at a 5/8 inch iron rod with ah "Texas Department of |
|
Transportation (TXDOT) aluminum disk found at the intersection of |
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the northerly right-of-way (R.O.W.) line of State Highway 96 |
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(SH96), as described in Galveston County Clerk's File (G.C.C.F.) |
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Number 2003036995, with the westerly R.O.W. line of a 100 feet wide |
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Southern Pacific Railroad R.O.W. line, and also being in the |
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easterly line of said 639.74 acre tract and the easterly line of a |
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300 foot wide Houston Lighting and Power (H.L.&P.) Company easement |
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recorded in Volume 1579, Page 594, of the G.C.D.R.; |
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Thence, with the northerly R.O.W. line of said SH96, South 60 |
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Degrees 51 Minutes 34 Seconds West, at 300.00 feet pass a 5/8 inch |
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iron rod with plastic cap stamped "BENECHMARK ENGR." set at the |
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intersection of the westerly R.O.W. line of said 300 foot H.L.&P. |
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easement with the northerly R.O.W. line of said SH96, and continue, |
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in all, a distance of 419.45 to a 5/8 inch iron rod with plastic cap |
|
stamped "BENCHMARK ENGR." set for the beginning of a curve to the |
|
left, and from which a 5/8 inch iron rod with a TXDOT aluminum disk |
|
found bears South 81 Degrees 54 Minutes 10 Seconds West, a distance |
|
of 0.44 feet; |
|
Thence, 1025.66 feet along the arc of said curve to the left |
|
having a radius of 6663.37 feet, a central angle of 08 Degrees 49 |
|
Minutes 09 Seconds, and a chord that bears South 56 Degrees 26 |
|
Minutes 59 Seconds West, a distance of 1024.65 to a 5/8 inch iron |
|
rod with plastic cap stamped "BENECHMARK ENGR." set for the |
|
southwest corner and Point of Beginning for the herein described |
|
tract; |
|
Thence, 521.80 feet continuing along the arc of said curve to |
|
the left having a radius of 6663.37 feet, a central angle of 04 |
|
Degrees 29 Minutes 12 Seconds, and a chord that bears South 49 |
|
Degrees 47 Minutes 48 Seconds West, a distance of 521,66 feet to a |
|
5/8 inch iron rod with a TXDOT aluminum disk found in the northerly |
|
line of said 639.740 acre tract, the southerly line of a call 93 are |
|
tract described in a deed to Solomon J. Gardy in Volume 485, Page |
|
75, of the G.C.D.R., and the recognized common line of the said |
|
Basquez Survey and the Michael Muldon 2 League Grant, Abstract |
|
Number 18, for the end of said curve and the west corner of the |
|
herein described tract. |
|
Thence, with a said common survey line, the northerly line of |
|
said 639.740 acre tract and the southerly line of said 93 acre |
|
tract, North 47 Degrees 33 Minutes 12 Seconds East, a distance of |
|
522.87 feet to a 5/8 inch iron rod with plastic cap stamped |
|
"BENECHMARK ENGR." set for the northeast corner of the herein |
|
described tract; |
|
Thence, through and across said 639.740 acre tract, South 37 |
|
Degrees 57 Minutes 36 Seconds East, a distance of 20.48 feet to the |
|
Point of Beginning. |
|
Metes and Bounds Description |
|
27.0000 Acres |
|
(1,176,121 Square Feet) |
|
All that certain 27.0000 acre (1,176,121 square foot) tract |
|
of land situated in the Miguel Muldoon 2 League Grant, Abstract |
|
Number 18, and the Rafael Basquez Survey, Abstract Number 32, both |
|
in Galveston County, Texas, and being out of a part of that certain |
|
call 93 acre tract described in a deed to Solomon J. Gordy in Volume |
|
485, Page 475, of the Galveston County Deed Records (G.C.D.R.), and |
|
further cited in a Special Warranty Deed dated March 5, 2001 and |
|
recorded in Galveston County Clerk's File (G.C.C.F.) Number |
|
2001010526, said 27.0000 acre tract being more particularly |
|
described by metes and bounds as follows: (All bearings are based |
|
on the Texas State Plane Coordinate System, South Central Zone) |
|
Commencing at a 5/8 inch iron rod with a Texas Department of |
|
Transportation (TXDOT) aluminum disk found at the intersection of |
|
the north right-of-way (R.O.W.) line of State Highway 96 with the |
|
west R.O.W. line of a 100 foot wide Southern Pacific Railroad R.O.W. |
|
line, and also being in the east line of that certain call 639.74 |
|
acre tract described in a deed to Weems & Kelsey Management Company |
|
No. 2, LTD. in Volume 2253, Page 880 of the G.C.D.R., and the east |
|
line of a 388 foot wide Houston Lighting and Power (H.L.&P.) Company |
|
easement recorded in Volume 1579, Page 594, of the G.C.D.R.; |
|
Thence, with the north R.O.W. line of said State Highway 96, |
|
South 60 Degrees 51 Minutes 34 Seconds West, a distance of 300.00 |
|
feet to a 5/8 inch iron rod with plastic cap stamped "BENCHMARK |
|
ENGR." set in the west R.O.W. line of said 300 foot H.L.&P. easement |
|
for the southeast corner and Point of Beginning of the herein |
|
described tract; |
|
Thence, continuing with the north R.O.W. line of said State |
|
Highway 96 and the south line of the herein described tract, South |
|
60 Degrees 51 Minutes 34 Seconds West, a distance of 119.45 feet to |
|
a 5/8 inch iron rod with plastic cap stamped "BENCHMARK ENGR." set |
|
for the beginning of a curve to the left and from which a 5/8 inch |
|
rod with a TXDOT aluminum disk found bears South 81 Degrees 54 |
|
Minutes 10 Seconds West, a distance of 0.44 feet; |
|
Thence, 1025.66 feet along the arc of said curve to the left |
|
having a radius of 6663.37 feet, a central angle of 08 Degrees 49 |
|
Minutes 09 Seconds, and a chord that bears South 56 Degrees 26 |
|
Minutes 59 Seconds West, a distance of 1024.65 feet to a 5/8 inch |
|
iron rod with plastic cap stamped "BENCHMARK ENGR." set for the |
|
southwest corner of the herein described tract; |
|
Thence, departing the north R.O.W. line of said State Highway |
|
96, and through and acres said 93 acre tract, the following four (4) |
|
courses: |
|
1) North 37 Degrees 57 Minutes 36 Seconds West, a |
|
distance of 885.96 feet to a 5/8 inch iron rod with plastic cap |
|
stamped "BENCHMARK ENGR." set for the northwest corner; |
|
2) North 52 Degrees 02 Minutes 24 Seconds East, a |
|
distance of 483.16 feet to a 5/8 inch iron rod with plastic cap |
|
stamped "BENCHMARK ENGR." set for an interior corner; |
|
3) North 29 Degrees 05 Minutes 53 Seconds West, a |
|
distance of 129.82 feet to 5/8 inch iron rod with plastic cap |
|
stamped "BENCHMARK ENGR." set for an interior corner; |
|
4) North 60 Degrees 54 Minutes 07 Secnds East, a |
|
distance of 800.09 feet to a 5/8 inch iron rod with plastic cap |
|
stamped "BENCHMARK ENGR." set in the west line of a call 10.709 |
|
Houston Power and Light (H.L.&P.) acre fee strip for the northeast |
|
corner of the herein described tract; |
|
Thence, with the west line of said H.L.&P. Fee strip and the |
|
east line of the herein described tract, South 29 Degrees 05 Minutes |
|
53 Seconds Eat, at 787.90 feet pass the southwest corner of said |
|
10.709 acre tract and the northwest corner of said H.L.&P. 330 foot |
|
wide easement and continue, in all, a distance of 1000.00 feet to |
|
the Point of Beginning and containing 27.0000 acres of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) 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. (a) Section 3976.0307, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 3976, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 3976.0307 to read as follows: |
|
Sec. 3976.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect September 1, 2019. |