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A BILL TO BE ENTITLED
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relating to the creation of the Prairie View Municipal Management |
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District No. 1; providing authority to issue bonds; providing |
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authority 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 3939 to read as follows: |
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CHAPTER 3939. PRAIRIE VIEW MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3939.0101. 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 Amarillo. |
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(3) "Director" means a board member. |
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(4) "District" means the Prairie View Municipal |
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Management District No. 1. |
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(5) "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. 3939.0102. NATURE OF DISTRICT. The Prairie View |
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Municipal Management District No. 1 is a special district created |
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under Section 59, Article XVI, Texas Constitution. |
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Sec. 3939.0103. 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. 3939.0104. 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. 3939.0105. 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. 3939.0106. 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. 3939.0107. 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. 3939.0108. 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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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3939.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors who serve staggered |
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terms of four years. |
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(b) Directors are elected in the manner provided by |
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Subchapter D, Chapter 49, Water Code. |
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Sec. 3939.0202. 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 for each |
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director in one 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. 3939.0203. INITIAL DIRECTORS. (a) The initial board |
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consists of the following directors: |
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Pos. No. |
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Name of Director |
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3 |
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Debra McCart Montgomery |
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(b) Of the initial directors, the terms of directors |
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appointed for positions one through three expire June 1, 2025, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2027. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3939.0301. 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. 3939.0302. 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 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. 3939.0303. 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. 3939.0304. 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. 3939.0305. 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. 3939.0306. 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 |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3939.0307. 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 |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3939.0308. 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. 3939.0309. 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. 3939.0310. 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 |
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purposes. |
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Sec. 3939.0311. 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. 3939.0401. 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 |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3939.0402. 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 |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3939.0501. TAX ELECTION REQUIRED. (a) The district |
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must hold an election in the manner provided by Chapter 49, Water |
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Code, or, if applicable, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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Sec. 3939.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election under Section 3939.0501, the district may impose an |
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operation and maintenance tax on taxable property in the district |
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in the manner provided by Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the operation and maintenance |
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tax rate. The rate may not exceed the rate approved at the |
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election. |
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Sec. 3939.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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terms determined by the board. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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Sec. 3939.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds |
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secured by: |
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(1) revenue other than ad valorem taxes, including |
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contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 3939.0505. BONDS SECURED BY AD VALOREM TAXES; |
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ELECTIONS. (a) If authorized at an election under Section |
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3939.0501, the district may issue bonds payable from ad valorem |
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taxes. |
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(b) At the time the district issues bonds payable wholly or |
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partly from ad valorem taxes, the board shall provide for the annual |
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imposition of a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, for each year that all or part of the |
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bonds are outstanding as required and in the manner provided by |
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Sections 54.601 and 54.602, Water Code. |
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(c) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3939.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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board may not issue bonds until each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located has consented by ordinance or resolution to the creation of |
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the district and to the inclusion of land in the district. |
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(b) This section applies only to the district's first |
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issuance of bonds payable from ad valorem taxes. |
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SUBCHAPTER I. DISSOLUTION |
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Sec. 3939.0901. DISSOLUTION. (a) The board shall dissolve |
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the district on written petition filed with the board by the owners |
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of: |
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(1) 66 percent or more of the assessed value subject to |
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assessment by the district of the property in the district based on |
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the most recent certified county property tax rolls; or |
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(2) 66 percent or more of the surface area of the |
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district, excluding roads, streets, highways, utility |
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rights-of-way, other public areas, and other property exempt from |
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assessment by the district according to the most recent certified |
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county property tax rolls. |
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(b) The district may not be dissolved if the district: |
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(1) has any outstanding bonded or other indebtedness |
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until that bonded or other indebtedness has been repaid or defeased |
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in accordance with the order or resolution authorizing the issuance |
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of the bonded or other indebtedness; |
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(2) has a contractual obligation to pay money until |
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that obligation has been fully paid in accordance with the |
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contract; or |
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(3) owns, operates, or maintains public works, |
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facilities, or improvements unless the district has contracted with |
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another party for the ownership and operation or maintenance of the |
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public works, facilities, or improvements. |
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(c) Section 375.262, Local Government Code, does not apply |
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to the district. |
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SECTION 2. The Prairie View Municipal Management District |
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No. 1 initially includes all territory contained in the following |
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area: |
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(a) A 621.87 acre tract of land out of Sections 30 and 31, |
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Block 2, A. B. & M. Survey, Potter County, Texas, and more |
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particularly described as follows: |
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BEGINNING at a Gresham Aluminum Cap found on the east |
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right-of-way line of Spur 228 same being the southwest corner of |
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said Section 30 for a corner of this tract. |
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THENCE N. 00° 11' 35" E., along said east right-of-way line, a |
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distance of 4161.54 feet to a/2" iron rod with a yellow cap |
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inscribed "RPLS 4263" (such type cap and rod hereafter referred to |
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as an OJD Cap) set on said east right-of-way line for the most |
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westerly northwest corner of this tract. |
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THENCE N. 87° 28' 24" E., continuing along said right-of-way |
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line, a distance of 1.08 feet to a Gresham Aluminum Cap found for an |
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angle corner of this tract. |
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THENCE N. 40° 07' 53" E., along said right-of-way line, a |
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distance of 116.08 feet to TxDot Brass Cap Monument found on the |
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south right-of-way line of Interstate Highway No. 40 for the most |
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northerly northwest corner of this tract. |
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THENCE N. 80° 18' 54" E., along said south right-of-way line, |
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a distance of 286.20 feet to a Gresham Aluminum Cap found on said |
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south right-of-way line for an angle corner of this tract. |
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THENCE N. 80° 18' 37" E., continuing along said south |
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right-of-way line, a distance of 300.34 feet to a Gresham Aluminum |
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Cap found on said south right-of-way line for an angle corner of |
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this tract. |
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THENCE N. 69° 11' 51" E., continuing along said south |
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right-of-way line, a distance of 102.08 feet to a Gresham Aluminum |
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Cap found on said south right-of-way line for an angle corner of |
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this tract. |
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THENCE N. 80° 26' 43" E., continuing along said south |
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right-of-way line, a distance of 3052.07 feet to a Gresham Aluminum |
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Cap found on said south right-of-way line same being the beginning |
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of a curve to the right for a corner of this tract. |
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THENCE in a northeasterly direction along said curve to the |
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right and said south right-of-way line with a radius equal to |
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5579.58 feet, a long chord bearing of N. 82° 11' 05" E. and a long |
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chord distance of 338.73 feet, a curve distance of 338.78 feet to a |
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Gresham Aluminum Cap found at the end of said curve to the right |
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same being on said south right-of-way line for a corner of this |
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tract. |
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THENCE S. 83° 50' 20" E., continuing along said south |
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right-of-way line, a distance of 99.24 feet to a Gresham Aluminum |
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Cap found at the beginning of a curve to the right for an angle |
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corner of this tract. |
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THENCE in a northeasterly direction along said curve to the |
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right and said south right-of-way line with a radius equal to |
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5559.58 feet, a long chord bearing of N. 87° 00' 13" E. and a long |
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chord distance of 409.59 feet, a curve distance of 409.68 feet to a |
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Gresham Aluminum Cap found on said curve to the right same being on |
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said south right-of-way line for the most northerly northeast |
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corner of this tract. |
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THENCE S. 00° 17' 53" E. a distance of 1324.32 feet to a |
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Gresham Aluminum Cap found for an ell corner of this tract. |
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THENCE S. 89° 43' 42" E. a distance of 660.15 feet to a Gresham |
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Aluminum Cap found on the west right-of-way line of F.M. Highway |
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No. 1912 for the most easterly northeast corner of this tract. |
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THENCE S. 00° 17' 55" W., along said west right-of-way line, a |
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distance of 2296.12 feet to a Gresham Aluminum Cap found on said |
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west right-of-way line for an angle corner of this tract. |
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THENCE S. 00° 30' 16" E., continuing along said west |
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right-of-way line, a distance of 249.29 feet to a Gresham Aluminum |
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Cap found on said west right-of-way line for an ell corner of this |
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tract. |
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THENCE S. 89° 52' 38" W. a distance of 788.09 feet to a Gresham |
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Aluminum Cap found for an ell corner of this tract. |
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THENCE S. 00° 06' 07" W. a distance of 2131.04 feet to a |
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Gresham Aluminum Cap found for an ell corner of this tract. |
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THENCE S. 80° 34' 32" E. a distance of 789.43 feet to a Gresham |
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Aluminum Cap found on said west right-of-way line for an ell corner |
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of this tract. |
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THENCE S. 01° 23' 32" W., along said west right-of-way line, a |
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distance of 222.12 feet to a Gresham Aluminum Cap found at the |
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intersection of said west right-of-way line and the northerly |
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right-of-way line of B. S. N. F. Railroad the southeast corner of |
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this tract. |
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THENCE N. 80° 33' 44" W., along said northerly right-of-way |
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line, a distance of 5315.27 feet to a Gresham Aluminum Cap found on |
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said east right-of-way line of said Spur 228 for the southwest |
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corner of this tract. |
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THENCE N. 00° 11' 35" E., along said east right-of-way line, a |
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distance of 536.60 feet to the place of BEGINNING and containing |
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621.87 acres of land. |
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(b) An 11.30 acre± tract of land in Section 37, Block 2, A.B. & |
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M. Survey, Potter County, Texas and being all of a 6.3 acre and a |
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5.00 acre tract of land as described in that certain instrument of |
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conveyance recorded under Clerk's File No. 2020OPR0012200 of the |
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Official Public Records of Potter County, Texas. Said 11.30 acre± |
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tract of land having been surveyed on the ground by Furman Land |
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Surveyors, Inc. on March 28, 2022 and being more particularly |
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described by metes and bounds as follows: |
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COMMENCING at a 2 inch iron pipe found as called for at the |
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Northeast corner of said Section 37, Block 2, A.B. & M. Survey, |
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Potter County, Texas; |
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THENCE South 00° 04' 30" West (base line) along the East line |
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of said Section 37, a distance of 2782.61 feet to a point, from |
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whence a 2 inch iron pipe found as called for at the Southeast |
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corner of said Section 37 bears South 00° 04' 30" West, 2495.32 feet; |
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THENCE North 89° 55' 30" West, 119.69 feet to a 1/2 inch iron |
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rod found as called for in the West monumented right-of-way line of |
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Spur 228 (Volume 826, Page 117), same point being the most Easterly |
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Northeast corner of a 365.69 acre tract of land as described in that |
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certain instrument of conveyance recorded in Volume 3753, Page 786 |
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of the Official Public Records of Potter County, Texas and also |
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being the Southeast corner of the herein described tract of land, |
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from whence a 5/8 inch iron rod with cap stamped "RPLS 5437" found |
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as called for at the Southeast corner of said 365.69 acre tract of |
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land bears South 00° 04' 35" West, 3018.41 feet; |
|
THENCE South 85° 34' 44" West, 652.59 feet to a 1/2 inch iron |
|
rod found as called for, same point being an interior jog corner of |
|
said 365.69 acre tract of land and alsot being the Southwest corner |
|
of this tract of land; |
|
THENCE North 00° 03' 09" East, 726.94 feet to a 1/2 inch iron |
|
rod found as called for at the Southwest corner of a 4.92 acre tract |
|
of land as described in that certain instrument of conveyance |
|
recorded under Clerk's File No. 1302993 of the Official Public |
|
Records of Potter County, Texas, same point being the Northwest |
|
corner of this tract of land; |
|
THENCE North 80° 28' 11" East, 660.12 feet to a 1/2 inch iron |
|
rod found in the West monumented right-of-way line of said Spur 228 |
|
at the Southeast corner of said 4.92 acre tract of land, same point |
|
being the Northeast corner of this tract of land; |
|
THENCE South 00° 04' 30" West, 785.93 feet to the PLACE OF |
|
BEGINNING and containing a computed area of 11.30 acres of land, |
|
more or less. |
|
(c) A 365.72 acre tract of land out of Sections 36 and 37, |
|
Block 2, A. B. & M. Survey, Potter County, |
|
BEGINNING at an RPLS 5437 Cap found at the intersection of the |
|
west right-of-way line of Spur 228 and the northerly right-of-way |
|
line of B. N. S. F. Railroad which bears S. 00° 11' 36" W. a distance |
|
of 517.52 feet and / N. 89° 48' 07" W. a distance of 119.94 feet from |
|
a Gresham Aluminum Cap found at the southeast corner of said Section |
|
37 for the southeast corner of this tract. |
|
THENCE N. 80° 33 36" W., along said northerly right-of-way at |
|
3247.33 feet pass an RPLS 5437 Cap found, a total distance of |
|
5272.06 feet to an RPLS 5437 Cap found at the intersection said |
|
northerly right-of-way line and said east right-of-way line of |
|
Parsley Road for the southwest corner of this tract. |
|
THENCE N. 89° 54' 23" E. a distance of 329.88 feet to a Miller |
|
Cap found for an ell corner of this tract. |
|
THENCE N. 00° 14' 24" E., along said east right-of-way line, a |
|
distance of 734.90 feet to an RPLS 5437 Cap found at the |
|
intersection of said east right-of-way line and the southerly |
|
right-of-way line of Interstate Highway No. 40 for the northwest |
|
corner of this tract. |
|
THENCE N. 44° 26' 23" E., along said southerly right-of-way |
|
line, a distance of 2938.45 feet to a TxDot Brass Cap Monument found |
|
on said southerly right-of-way line same being at the beginning of a |
|
curve to the right for a corner of this tract. |
|
THENCE in a northeasterly direction along said curve to the |
|
right and said northerly right-of-way line with a radius equal to |
|
2714.79 feet, a long chord bearing of N. 62° 26 41" E. and a long |
|
chord distance of 1677.93 feet, a curve distance of 1705.86 feet to |
|
a TxDot Brass Cap Monument found at the end of said curve to the |
|
right same being on said northerly right-of-way line for a corner of |
|
this tract. |
|
THENCE N. 80° 27' 32" E., continuing along said northerly |
|
right-of-way line, a distance of 674.08 feet to a TxDot Brass Cap |
|
Monument found for an angle corner of this tract. |
|
THENCE S. 88° 11' 57" E., along said northerly right-of-way |
|
line, a distance of 101.95 feet to a TxDot Brass Cap Monument found |
|
for an angle corner of this tract. |
|
THENCE N. 80° 24' 46" E., along said northerly right-of-way |
|
line, a distance of 174.69 feet to a Keys Cap found for the most |
|
northerly northeast corner of this tract. |
|
THENCE S. 00° 14' 15" W. a distance of 599.85 feet to a Keys |
|
Cap found for an ell corner of this tract. |
|
THENCE N. 79° 14' 13" E. a distance of 80.47 feet to a Furman |
|
Cap found for an ell corner of this tract. |
|
THENCE S. 00° 10' 13" W. a distance of 1056.85 feet to an RPLS |
|
5437 Cap found for an ell corner of this tract. |
|
THENCE N. 85° 41' 53" E. a distance of 652.72 feet to a 1/2" |
|
iron rod found on the west right-of-way line of Spur 228 for the |
|
most easterly northeast corner of this tract. |
|
THENCE S. 00° 12 04" W., along said west right-of-way line, a |
|
distance of 3018.76 feet to the place of BEGINNING and containing |
|
365.72 acres of land. |
|
(d) A 22.51+/- acre tract of land being a portion of the |
|
39.51+/- acre remainder of those certain tracts of land out of |
|
Sections 30 and 31, Block 2, A.B. & M. Survey, Potter County, Texas, |
|
being described in Volume 968, Page 575 of the Deed Records of |
|
Potter County, Texas, said 22.51+/- acre tract of land having been |
|
surveyed on the ground on May 6, 2022 by Furman Land Surveyors, Inc. |
|
and being described by metes and bounds as follows: |
|
BEGINNING at a 1/2 inch iron rod with aluminum cap stamped "Gresham & |
|
Associates, Inc. PLS 1939" found, as called for, in the West |
|
Right-of-Way line of F.M. Highway 1912 for a corner of that certain |
|
418.350 acre tract of land being described in that certain |
|
instrument recorded in Volume 3564, Page 462 of the Official Public |
|
Records of Potter County, Texas, same being the Southeast corner of |
|
this tract of land; |
|
THENCE N. 80° 39' 02" W. 789.36 feet along the South line of said |
|
39.51+/- acre remainder tract to a 1/2 inch iron rod with aluminum |
|
cap stamped "Gresham & Associates, Inc. PLS 1939" found as called |
|
for the Southwest corner of said 39.51+/- acre remainder tract, |
|
same being the Southwest corner of this tract of land; |
|
THENCE N. 00° 01' 05" E. 1055.30 feet along the West line of said |
|
39.51+/- acre remainder tract to a 1/2 inch iron rod with cap |
|
stamped "FURMAN PRLS" set for the Southwest corner of that certain |
|
17.00+/- acre tract of land surveyed simultaneously, same being the |
|
Northwest corner of this tract of land, from whence a 1/2 inch iron |
|
rod with aluminum cap stamped "Gresham & Associates, Inc. PLS 1939" |
|
found as called for the Northwest corner of said 39.51+/- acre |
|
remainder tract bears N. 00° 01' 05" E. 1075.86 feet; |
|
THENCE S. 89° 43' 55" E. 527.49 feet to a 1/2 inch iron rod with cap |
|
stamped "FURMAN RPLS" set for an interior corner of this tract of |
|
land; |
|
THENCE N. 00° 54' 59" W. 418.00 feet to a 1/2 inch iron rod with cap |
|
stamped "FURMAN RPLS" set for a jog corner of this tract of land; |
|
THENCE S. 86° 48' 36" E. 265.00 feet to a 1/2 inch iron rod with cap |
|
stamped "FURMAN RPLS" set in the West Right-of-Way line of said F.M. |
|
Highway 1912 for the Southeast corner of said 17.00+/- acre tract of |
|
land surveyed simultaneously, same being the Northeast corner of |
|
this tract of land, from whence a 1/2 inch iron rod with aluminum |
|
cap stamped "Gresham & Associates, Inc. PLS 1939" found as called a |
|
corner of said 39.51+/- acre remainder tract bears N. 00° 14' 51" E. |
|
(Base line) 677.00 feet; |
|
THENCE S. 00° 14' 51" W. 1584.28 feet along the West Right-of-Way |
|
line of said F.M. Highway 1912 to the PLACE OF BEGINNING and |
|
containing 22.51 acres of land, 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, 2023. |