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AN ACT
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relating to the creation of Jefferson County Management District |
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No. 1; providing authority to impose an assessment, impose a tax, |
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and issue bonds. |
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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 3864 to read as follows: |
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CHAPTER 3864. JEFFERSON COUNTY MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3864.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Port Arthur. |
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(3) "County" means Jefferson County. |
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(4) "Director" means a board member. |
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(5) "District" means the Jefferson County Management |
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District No. 1. |
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Sec. 3864.002. NATURE OF DISTRICT. The Jefferson County |
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Management District No. 1 is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3864.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city, the |
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county, and other political subdivisions to contract with the |
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district, the legislature has established a program to accomplish |
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the public purposes set out in Section 52-a, Article III, Texas |
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Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or the county from providing the |
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level of services provided as of the effective date of the Act |
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enacting this chapter to the area in the district. The district is |
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created to supplement and not to supplant city or county services |
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provided in the district. |
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Sec. 3864.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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(4) provide for road, rail, and recreational |
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facilities for the district; and |
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(5) provide for water facilities, wastewater |
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facilities, drainage facilities, canals, waterways, bulkheads, |
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docks, and other similar improvements or facilities for the |
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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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(g) Rail facilities and improvements are: |
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(1) necessary and convenient for the use and |
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implementation of the district's navigation facilities and |
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improvements; |
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(2) necessary components of and are considered to be a |
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navigation facility and improvement; and |
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(3) necessary and convenient for the development and |
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expansion of transportation in this state. |
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Sec. 3864.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3864.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code; or |
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(4) an industrial district created under Chapter 42, |
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Local Government Code. |
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Sec. 3864.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3864.008. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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stated in this chapter. |
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[Sections 3864.009-3864.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3864.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may change the number of voting |
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directors on the board if the board determines that the change is in |
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the best interest of the district. The board may not consist of |
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fewer than 5 or more than 15 voting directors. |
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Sec. 3864.052. APPOINTMENT OF VOTING DIRECTORS. The Texas |
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Commission on Environmental Quality shall appoint voting directors |
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from persons recommended by the board. |
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Sec. 3864.0525. INITIAL VOTING DIRECTORS. (a) On or after |
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the effective date of the Act creating this chapter, the owner or |
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owners of a majority of the assessed value of the real property in |
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the district according to the most recent certified tax appraisal |
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roll for the county may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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initial voting directors the five persons named in the petition. |
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The commission shall appoint the five persons named in the petition |
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as initial directors by position. |
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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, 2013, and |
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the terms of directors appointed for positions four and five expire |
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June 1, 2015. |
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(c) Section 3864.052 does not apply to appointment of |
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directors under this section. |
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(d) This section expires September 1, 2016. |
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Sec. 3864.053. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3864.054. QUORUM. For purposes of determining the |
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requirements for a quorum of the board, the following are not |
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counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3864.055. COMPENSATION. A director is entitled to |
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receive fees of office and reimbursement for actual expenses as |
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provided by Section 49.060, Water Code. Sections 375.069 and |
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375.070, Local Government Code, do not apply to the board. |
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[Sections 3864.056-3864.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3864.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 3864.102. IMPROVEMENT PROJECTS AND SERVICES. The |
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district may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service using 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. 3864.103. DEVELOPMENT CORPORATION POWERS. The |
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district, using money available to the district, may exercise the |
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powers given to a development corporation under Chapter 505, Local |
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Government Code, including the power to own, operate, acquire, |
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construct, lease, improve, or maintain a project under that |
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chapter. |
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Sec. 3864.104. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered to be a local |
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government corporation created under Subchapter D, Chapter 431, |
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Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Subchapter D, |
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Chapter 431, Transportation Code, except that a board member is not |
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required to reside in the district. |
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Sec. 3864.105. AGREEMENTS; GRANTS. (a) As provided by |
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Chapter 375, Local Government Code, the district may make an |
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agreement with or accept a gift, grant, or loan from any person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3864.106. 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 county or the city, to provide law enforcement |
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services in the district for a fee. |
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Sec. 3864.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3864.108. ECONOMIC DEVELOPMENT. (a) The district may |
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engage in activities that accomplish the economic development |
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purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 3864.109. PARKING FACILITIES. (a) The district may |
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acquire, lease as lessor or lessee, construct, develop, own, |
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operate, and maintain parking facilities or a system of parking |
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facilities, including lots, garages, parking terminals, or other |
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structures or accommodations for parking motor vehicles off the |
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streets and related appurtenances. |
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(b) The district's parking facilities serve the public |
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purposes of the district and are owned, used, and held for a public |
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purpose even if leased or operated by a private entity for a term of |
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years. |
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(c) The district's parking facilities are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(d) The development and operation of the district's parking |
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facilities may be considered an economic development program. |
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Sec. 3864.110. ANNEXATION OR EXCLUSION OF LAND. (a) The |
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district may annex land as provided by Subchapter J, Chapter 49, |
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Water Code. |
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(b) The district may exclude land as provided by Subchapter |
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J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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Code, does not apply to the district. |
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Sec. 3864.111. NAVIGATION DISTRICT POWERS. (a) The |
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district has the powers provided by the general law of this state |
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applicable to navigation districts created under Section 59, |
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Article XVI, Texas Constitution, including Chapters 60 and 62, |
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Water Code. |
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(b) The district may purchase, construct, acquire, own, |
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operate, maintain, improve, or extend, inside and outside the |
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district, a canal, waterway, bulkhead, dock, or other improvement |
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or facility necessary or convenient to accomplish the navigation |
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purposes of the district. |
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Sec. 3864.112. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership under Section 43.0751, Local Government Code, with a |
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municipality in whose extraterritorial jurisdiction the district |
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is located. |
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Sec. 3864.113. RAIL FACILITIES. The district may |
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construct, acquire, improve, maintain, finance, and operate rail |
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facilities and improvements in aid of those facilities. |
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Sec. 3864.114. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 3864.115-3864.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3864.151. TAX AND ASSESSMENT ABATEMENTS. The district |
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may designate reinvestment zones and may grant abatements of a tax |
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or assessment on property in the zones. |
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Sec. 3864.152. 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. 3864.153. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3864.154. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 3864.155. 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. 3864.156. 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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Sec. 3864.157. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to a tax approved by |
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the voters of the district or a required payment for a service |
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provided by the district, including water and sewer services. |
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Sec. 3864.158. COMPETITIVE BIDDING. Subchapter I, Chapter |
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49, Water Code, applies to the district. Sections 375.221 and |
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375.223, Local Government Code, do not apply to the district. |
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[Sections 3864.159-3864.200 reserved for expansion] |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3864.201. ELECTIONS REGARDING TAXES AND BONDS. (a) |
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The district may issue, without an election, bonds, notes, and |
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other obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 3864.203. |
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(b) The district must hold an election in the manner |
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provided by Subchapter L, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax or issue bonds payable from ad valorem taxes. |
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(c) Section 375.243, Local Government Code, does not apply |
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to the district. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 3864.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election held in accordance with Section 3864.201, the district may |
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impose an operation and maintenance tax on taxable property in the |
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district in accordance with Section 49.107, Water Code, for any |
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district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 3864.203. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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Sec. 3864.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS |
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AND OTHER OBLIGATIONS. (a) The district may borrow money on terms |
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determined by the board. Section 375.205, Local Government Code, |
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does not apply to a loan, line of credit, or other borrowing from a |
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bank or financial institution secured by revenue other than ad |
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valorem taxes. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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Sec. 3864.205. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct annual ad valorem tax, without limit as to rate or amount, |
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for each year that all or part of the bonds are outstanding as |
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required and in the manner provided by Sections 54.601 and 54.602, |
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Water Code. |
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Sec. 3864.206. TAXES FOR RAIL FACILITIES AND IMPROVEMENTS. |
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Under Sections 52 and 52-a, Article III, and Section 59, Article |
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XVI, Texas Constitution, the district may impose taxes in |
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accordance with this subchapter for the construction and |
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maintenance of rail facilities and improvements. |
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[Sections 3864.207-3864.250 reserved for expansion] |
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SUBCHAPTER F. DEFINED AREAS |
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Sec. 3864.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 3864.252. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
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valorem taxes of the area defined or property designated under |
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Section 3864.251, the board shall call and hold an election in the |
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defined area or within the boundaries of the designated property |
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only. |
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(b) The board may submit the proposition to the voters on |
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the same ballot to be used in another election. |
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Sec. 3864.253. DECLARING RESULT AND ISSUING ORDER. (a) If |
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a majority of the voters voting at the election approve the |
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proposition or propositions, the board shall declare the results |
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and, by order, shall establish the defined area and describe it by |
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metes and bounds or designate the specific property. |
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(b) The board's order is not subject to judicial review |
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except on the ground of fraud, palpable error, or arbitrary and |
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confiscatory abuse of discretion. |
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Sec. 3864.254. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described by Section 3864.253, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 3864.255. ISSUANCE OF BONDS FOR DEFINED AREAS OR |
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DESIGNATED PROPERTY. After the order under Section 3864.253 is |
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adopted, the district may issue bonds to provide for any land, |
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improvements, facilities, plants, equipment, and appliances for |
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the defined area or designated property. |
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[Sections 3864.256-3864.300 reserved for expansion] |
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SUBCHAPTER G. MUNICIPAL ANNEXATION AND DISSOLUTION |
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Sec. 3864.301. MUNICIPAL ANNEXATION; DISSOLUTION. (a) The |
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district is a "water or sewer district" under Section 43.071, Local |
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Government Code. |
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(b) Section 43.075, Local Government Code, applies to the |
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district. |
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(c) Section 375.264, Local Government Code, does not apply |
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to the dissolution of the district by a municipality. |
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SECTION 2. Jefferson County Management District No. 1 |
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initially includes all territory contained in the following area: |
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A 1,116.39 acre (48,630,066 square feet) tract of land In the |
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T & NO Railroad Survey, Section 276, Abstract 414, the T & NO |
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Railroad Survey, Section 275, Abstract 316, the BBB & C Railroad Co. |
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Survey, Section 390, Abstract 93, the W. Kyle Survey, Abstract 414, |
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the William H. Voris Survey, Abstract 382, and the R. A. Greer |
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Survey, Abstract 666, Port Arthur, Jefferson County, Texas, and |
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being comprised of a called 1101.94 acre tract of land (called |
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Parcel 1) conveyed to Equistar Chemicals, LP and described in a deed |
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to National Distillers and Chemical Corporation, as recorded under |
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Jefferson County Clerk's File Number 8403467, a called 2.02 acre |
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tract of land (called Parcel N) described in a deed to National |
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Distillers and Chemical Corporation, as recorded under Jefferson |
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County Clerk's File Number 8403467, and a called 9.49 acre tract of |
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land described in a deed to National Distillers and Chemical |
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Corporation, as recorded under Jefferson County Clerk's File Number |
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8414481, said 1,116.39 acre tract being more particularly described |
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as follows (bearings based on the Texas State Plane Coordinate |
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System, South Central Zone, derived by GPS observations from TXBM, |
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TXCN, and TXGA (TXDOT COR Stations)): |
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COMMENCING at a 3/8-inch iron rod found at the northwest |
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corner of a called 1.345 acre tract of land described in a deed from |
|
Equistar Chemicals, LP to Lakeside Palomar Community Development, |
|
Inc., as recorded under Jefferson County Clerk's File Number |
|
2001004526, the intersection of the southerly right-of-way line of |
|
State Highway 73 (width varies), and the easterly right-of-way line |
|
of Lakeside Plaza: |
|
THENCE, South 85 degrees 12 minutes 34 seconds East, along |
|
the southerly right-of-way line of said State Highway 73, a |
|
distance of 139.60 feet, to a 3/8-inch iron rod found at the |
|
northeast corner of said called 1.345 acre tract, the most |
|
northerly corner of said called 1101.94 acre tract, and the most |
|
northerly corner and POINT OF BEGINNING of the herein described |
|
tract of land; |
|
THENCE, South 75 degrees 27 minutes 26 seconds East, along |
|
the southerly right-of-way line of said State Highway 73, a |
|
distance of 636.46 feet, to a 5/8-inch iron rod with "CLR" cap set |
|
at a northeasterly corner of the herein described tract, the |
|
intersection of the southerly right-of-way line of said State |
|
Highway 73 and the westerly right-of-way line of F.M. 823 (100 feet |
|
wide); |
|
THENCE, South 34 degrees 49 minutes 10 seconds East, along |
|
the westerly right-of-way line of said F.M. 823, a distance of |
|
846.39 feet, to a 5/8-inch iron rod with "CLR" cap set at a point of |
|
curvature; |
|
THENCE, Southeasterly, along said curve to the left, through |
|
a central angle of 10 degrees 25 minutes 43 seconds, to a 5/8-inch |
|
iron rod with "CLR" cap set at a point of tangency, said curve |
|
having a radius of 1,687.07 feet, an arc length of 307.07 feet, and |
|
a chord which bears South 40 degrees 02 minutes 02 seconds East, a |
|
distance of 306.65 feet; |
|
THENCE, South 45 degrees 06 minutes 25 seconds East, a |
|
distance of 59.59 feet, to a 5/8-inch iron rod with "CLR" cap set at |
|
an interior corner of the herein described tract; |
|
THENCE, North 47 degrees 31 minutes 22 seconds East, a |
|
distance of 100.11 feet, to a 1-inch iron pipe found at an interior |
|
corner of the herein described tract, and lying in the easterly |
|
right-of-way line of said F.M. 823; |
|
THENCE, North 45 degrees 06 minutes 25 seconds West, along |
|
the easterly right-of-way line of said F.M. 823, a distance of 64.31 |
|
feet, to a 5/8-inch iron rod with "CLR" cap set at a point of |
|
curvature; |
|
THENCE, Northwesterly, along a curve to the right, through a |
|
central angle of 10 degrees 25 minutes 59 seconds, to a 5/8-inch |
|
iron rod with "CLR" cap set at a point of tangency, said curve |
|
having a radius of 1,587.07 feet, an arc length of 288.99 feet, and |
|
a chord which bears North 40 degrees 02 minutes 10 seconds West, a |
|
distance of 288.59 feet; |
|
THENCE, North 34 degrees 49 minutes 10 seconds West, a |
|
distance of 742.18 feet, to a 1-inch iron pipe found at a |
|
northwesterly corner of the herein described tract; |
|
THENCE, North 29 degrees 49 minutes 53 seconds East, a |
|
distance of 61.31 feet, to a 1-inch iron pipe found at a |
|
northwesterly corner of the herein described tract, and lying in |
|
the southerly right-of-way line of said State Highway 73; |
|
THENCE, South 85 degrees 05 minutes 29 seconds East, along |
|
the southerly right-of-way line of said State Highway 73, a |
|
distance of 75.01 feet, to a 5/8-inch iron rod with "CLR" cap set at |
|
a northeasterly corner of the herein described tract; |
|
THENCE, South 30 degrees 56 minutes 15 seconds East, a |
|
distance of 1,073.07 feet, to a 1-inch iron pipe found at an |
|
interior corner of the herein described tract; |
|
THENCE, North 43 degrees 45 minutes 45 seconds East, a |
|
distance of 123.97 feet, to a 5/8-inch iron rod with "CLR" cap set |
|
at a northeasterly corner of the herein described tract; |
|
THENCE, South 30 degrees 54 minutes 24 seconds East, a |
|
distance of 4,363.53 feet, to a 5/8-inch iron rod with "CLR" cap set |
|
at an angle point in the easterly line of the herein described |
|
tract; |
|
THENCE, South 32 degrees 16 minutes 49 seconds East, a |
|
distance of 400.39 feet, to a broken concrete monument found at the |
|
most northerly corner of the aforementioned called 9.49 acre tract; |
|
THENCE, Southeasterly along a non-tangent curve to the left |
|
through a central angle of 01 degrees 34 minutes 14 seconds, to a |
|
5-inch concrete monument found at the most easterly corner of said |
|
called 9.49 acre tract, said curve having a radius of 5,779.65 feet, |
|
an arc length of 158.43 feet, and a chord which bears South 34 |
|
degrees 37 minutes 50 seconds East, a distance of 158.40 feet; |
|
THENCE, South 36 degrees 37 minutes 44 seconds West, a |
|
distance of 2,716.64 feet, to a 1-inch iron pipe found at the most |
|
southerly corner of said called 9.49 acre tract and an interior |
|
corner of the herein described tract; |
|
THENCE, South 64 degrees 42 minutes 06 seconds East, a |
|
distance of 1,434.17 feet, to a 5-inch concrete monument found at an |
|
easterly corner of the herein described tract, and lying in the in |
|
an easterly line of the herein described tract; |
|
THENCE, South 14 degrees 26 minutes 02 seconds East, a |
|
distance of 389.11 feet, to a point in the northerly bank of Taylor |
|
Bayou, at the southeasterly corner of the herein described tract; |
|
THENCE, North 89 degrees 54 minutes 00 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 88.44 feet, to a |
|
point for corner; |
|
THENCE, North 76 degrees 03 minutes 49 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 88.58 feet, to a |
|
point for corner; |
|
THENCE, North 84 degrees 22 minutes 39 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 59.83 feet, to a |
|
point for corner; |
|
THENCE, South 88 degrees 58 minutes 36 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 59.73 feet, to a |
|
point for corner; |
|
THENCE, South 86 degrees 45 minutes 53 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 38.13 feet, to a |
|
point for corner; |
|
THENCE, North 13 degrees 41 minutes 30 seconds East, a |
|
distance of 11.39 feet, to a point for corner; |
|
THENCE, North 01 degrees 38 minutes 12 seconds East, a |
|
distance of 23.09 feet, to a point for corner; |
|
THENCE, North 07 degrees 36 minutes 37 seconds West, a |
|
distance of 14.64 feet, to a point for corner; |
|
THENCE, North 57 degrees 12 minutes 26 seconds West, a |
|
distance of 30.60 feet, to a point for corner; |
|
THENCE, South 65 degrees 32 minutes 21 seconds West, a |
|
distance of 29.18 feet, to a point for corner; |
|
THENCE, South 22 degrees 23 minutes 51 seconds West, a |
|
distance of 48.68 feet, to a point for corner; |
|
THENCE, North 88 degrees 16 minutes 09 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 286.98 feet, to a |
|
point for corner; |
|
THENCE, North 89 degrees 45 minutes 37 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 182.99 feet, to a |
|
point for corner; |
|
THENCE, South 68 degrees 20 minutes 56 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 223.09 feet, to a |
|
point for corner; |
|
THENCE, North 15 degrees 55 minutes 19 seconds West, a |
|
distance of 32.56 feet, to a point for corner; |
|
THENCE, South 79 degrees 59 minutes 40 seconds West, a |
|
distance of 43.90 feet, to a point for corner; |
|
THENCE, South 19 degrees 20 minutes 41 seconds West, a |
|
distance of 64.42 feet, to a point for corner; |
|
THENCE, South 62 degrees 40 minutes 57 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 337.26 feet, to a |
|
point for corner; |
|
THENCE, South 85 degrees 56 minutes 10 seconds West, a |
|
distance of 1,098.26 feet, to a point for corner; |
|
THENCE, North 36 degrees 37 minutes 44 seconds East, a |
|
distance of 49.73 feet, to a point for corner; |
|
THENCE, South 85 degrees 24 minutes 44 seconds West, a |
|
distance of 545.00 feet, to a point for corner; |
|
THENCE, North 06 degrees 30 minutes 08 seconds West, a |
|
distance of 53.66 feet, to a point for corner; |
|
THENCE, North 76 degrees 15 minutes 31 seconds West, a |
|
distance of 48.62 feet, to a point for corner; |
|
THENCE, North 22 degrees 38 minutes 15 seconds West, a |
|
distance of 140.59 feet, along the northeasterly bank of Taylor |
|
Bayou, to a point for corner; |
|
THENCE, North 33 degrees 05 minutes 13 seconds West, along |
|
the northeasterly bank of Taylor Bayou, a distance of 96.41 feet, to |
|
a point for corner; |
|
THENCE, North 60 degrees 35 minutes 09 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 281.92 feet, to a |
|
point for corner; |
|
THENCE, North 78 degrees 00 minutes 48 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 123.30 feet, to a |
|
point for corner; |
|
THENCE, South 82 degrees 22 minutes 05 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 112.91 feet, to a |
|
point for corner; |
|
THENCE, South 54 degrees 28 minutes 06 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 157.98 feet, to a |
|
point for corner; |
|
THENCE, South 76 degrees 30 minutes 13 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 76.71 feet, to a |
|
point for corner; |
|
THENCE, South 46 degrees 35 minutes 51 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 402.96 feet, to a |
|
point for corner; |
|
THENCE, South 38 degrees 51 minutes 09 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 65.50 feet, to a |
|
point for corner; |
|
THENCE, South 16 degrees 59 minutes 01 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 80.03 feet, to a |
|
point for corner; |
|
THENCE, South 16 degrees 35 minutes 00 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 132.26 feet, to a |
|
point for corner; |
|
THENCE, South 27 degrees 14 minutes 01 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 468.77 feet, to a |
|
point for corner; |
|
THENCE, South 40 degrees 46 minutes 37 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 350.04 feet, to a |
|
point for corner; |
|
THENCE, South 46 degrees 28 minutes 54 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 237.05 feet, to a |
|
point for corner; |
|
THENCE, South 62 degrees 42 minutes 00 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 196.52 feet, to a |
|
point for corner; |
|
THENCE, South 79 degrees 33 minutes 00 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 105.88 feet, to a |
|
point for corner; |
|
THENCE, North 08 degrees 41 minutes 43 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 59.02 feet, to a |
|
point for corner; |
|
THENCE, North 89 degrees 24 minutes 01 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 123.82 feet, to a |
|
point for corner; |
|
THENCE, South 04 degrees 20 minutes 03 seconds East, along |
|
the northerly bank of Taylor Bayou, a distance of 33.27 feet, to a |
|
point for corner; |
|
THENCE, North 87 degrees 33 minutes 19 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 107.49 feet, to a |
|
point for corner; |
|
THENCE, North 81 degrees 22 minutes 14 seconds West, along |
|
the northerly bank of Taylor Bayou, a distance of 167.37 feet, to a |
|
point for corner; |
|
THENCE, North 58 degrees 34 minutes 35 seconds West, along |
|
the northeasterly bank of Taylor Bayou, a distance of 233.42 feet, |
|
to a point for corner; |
|
THENCE, North 52 degrees 36 minutes 32 seconds West, along |
|
the northeasterly bank of Taylor Bayou, a distance of 416.40 feet, |
|
to a point for corner; |
|
THENCE, North 45 degrees 04 minutes 29 seconds West, along |
|
the northeasterly bank of Taylor Bayou, a distance of 334.26 feet, |
|
to a point for corner; |
|
THENCE, North 41 degrees 12 minutes 18 seconds West, along |
|
the northeasterly bank of Taylor Bayou, a distance of 279.62 feet, |
|
to a point for corner; |
|
THENCE, North 38 degrees 01 minutes 24 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 338.36 feet, to a |
|
point for corner; |
|
THENCE, North 29 degrees 27 minutes 09 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 425.91 feet, to a |
|
point for corner; |
|
THENCE, North 15 degrees 26 minutes 41 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 338.77 feet, to a |
|
point for corner; |
|
THENCE, North 11 degrees 04 minutes 11 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 341.81 feet, to a |
|
point for corner; |
|
THENCE, North 05 degrees 50 minutes 15 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 471.18 feet, to a |
|
point for corner; |
|
THENCE, North 12 degrees 00 minutes 33 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 249.38 feet, to a |
|
point for corner; |
|
THENCE, North 19 degrees 47 minutes 46 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 118.89 feet, to a |
|
point for corner; |
|
THENCE, North 19 degrees 25 minutes 05 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 172.13 feet, to a |
|
point for corner; |
|
THENCE, North 35 degrees 29 minutes 15 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 314.01 feet, to a |
|
point for corner; |
|
THENCE, North 38 degrees 03 minutes 21 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 348.90 feet, to a |
|
point for corner; |
|
THENCE, North 12 degrees 31 minutes 53 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 120.92 feet, to a |
|
point for corner; |
|
THENCE, North 00 degrees 45 minutes 58 seconds East, along |
|
the easterly bank of Taylor Bayou, a distance of 157.80 feet, to a |
|
point for corner; |
|
THENCE, North 14 degrees 11 minutes 10 seconds East, along |
|
the easterly bank of Taylor Bayou, a distance of 281.70 feet, to a |
|
point for corner; |
|
THENCE, North 28 degrees 59 minutes 24 seconds East, along |
|
the easterly bank of Taylor Bayou, a distance of 582.04 feet, to a |
|
point for corner; |
|
THENCE, North 43 degrees 40 minutes 13 seconds East, along |
|
the easterly bank of Taylor Bayou, a distance of 389.34 feet, to a |
|
point for corner; |
|
THENCE, North 25 degrees 34 minutes 14 seconds East, along |
|
the easterly bank of Taylor Bayou, a distance of 336.16 feet, to a |
|
point for corner; |
|
THENCE, North 08 degrees 04 minutes 22 seconds East, along |
|
the easterly bank of Taylor Bayou, a distance of 220.47 feet, to a |
|
point for corner; |
|
THENCE, North 14 degrees 38 minutes 23 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 273.06 feet, to a |
|
point for corner; |
|
THENCE, North 27 degrees 28 minutes 48 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 465.55 feet, to a |
|
point for corner; |
|
THENCE, North 28 degrees 46 minutes 03 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 417.94 feet, to a |
|
point for corner; |
|
THENCE, North 04 degrees 24 minutes 55 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 125.95 feet, to a |
|
point for corner; |
|
THENCE, North 52 degrees 02 minutes 00 seconds West, along |
|
the easterly bank of Taylor Bayou, a distance of 67.85 feet, to a |
|
point at the northwest corner of the herein described tract, and |
|
lying in the southerly bank of Tiger Bayou; |
|
THENCE, leaving the easterly bank of Taylor Bayou, and along |
|
the southerly bank of Tiger Bayou, as follows; |
|
THENCE, North 54 degrees 32 minutes 23 seconds East, a |
|
distance of 251.63 feet, to a 5/8-inch iron rod with "CLR" cap set |
|
at a northerly corner of the herein described tract; |
|
THENCE, North 51 degrees 22 minutes 50 seconds East, a |
|
distance of 242.28 feet, to a 5/8-inch iron rod found at a northerly |
|
corner of the herein described tract; |
|
THENCE, North 24 degrees 29 minutes 19 seconds East, a |
|
distance of 395.65 feet, to a 5/8-inch iron rod with "CLR" cap set |
|
at a northerly corner of the herein described tract; |
|
THENCE, North 52 degrees 35 minutes 33 seconds East, a |
|
distance of 603.19 feet, to a 5/8-inch iron rod found at a northerly |
|
corner of the herein described tract; |
|
THENCE, North 68 degrees 18 minutes 18 seconds East, a |
|
distance of 273.23 feet, to a 5/8-inch iron rod with "CLR" cap set |
|
at a northerly corner of the herein described tract; |
|
THENCE, North 78 degrees 40 minutes 42 seconds East, a |
|
distance of 196.73 feet, to a 5/8-inch iron rod found at a northerly |
|
corner of the herein described tract; |
|
THENCE, South 80 degrees 02 minutes 00 seconds East, a |
|
distance of 151.51 feet, to a 5/8-inch iron rod found at a northerly |
|
corner of the herein described tract; |
|
THENCE, North 82 degrees 58 minutes 03 seconds East, a |
|
distance of 584.69 feet, to a 5/8-inch iron rod found at a northerly |
|
corner of the herein described tract; |
|
THENCE, North 77 degrees 22 minutes 04 seconds East, a |
|
distance of 236.38 feet, to a 5/8-inch iron rod with "CLR" cap set |
|
at a northerly corner of the herein described tract; |
|
THENCE, North 83 degrees 54 minutes 58 seconds East, a |
|
distance of 928.06 feet, to a 5/8-inch iron rod with "CLR" cap set |
|
at a northerly re-entrant corner of the herein described tract; |
|
THENCE, leaving the southerly bank of Tiger Bayou, North 08 |
|
degrees 36 minutes 40 seconds West, a distance of 933.50 feet, to a |
|
3/8-inch iron rod in concrete found at a northwesterly corner of the |
|
herein described tract; |
|
THENCE, North 87 degrees 08 minutes 10 seconds East, a |
|
distance of 114.31 feet, to a 1/2-inch iron rod found at a northerly |
|
re-entrant corner of the herein described tract; |
|
THENCE, North 09 degrees 21 minutes 06 seconds West, a |
|
distance of 227.73 feet, to a 1/2-inch iron rod found at a |
|
northwesterly corner of the herein described tract; |
|
THENCE, South 85 degrees 30 minutes 28 seconds East, a |
|
distance of 124.46 feet, to a 1/2-inch iron rod found at a northerly |
|
re-entrant corner of the herein described tract; |
|
THENCE, along a non-tangent curve to the left, through a |
|
central angle of 12 degrees 16 minutes 36 seconds, to a 1/2-inch |
|
iron rod found at a northwesterly corner of the herein described |
|
tract, lying in the westerly right-of-way line of Lakeside Plaza |
|
Drive, said curve having a radius of 258.42 feet, an arc length of |
|
55.37 feet, and a chord which bears North 01 degrees 06 minutes 08 |
|
seconds West, a distance of 55.27 feet,; |
|
THENCE, South 85 degrees 09 minutes 10 seconds East, a |
|
distance of 59.76 feet, to a 5/8-inch iron rod with "CLR" cap set at |
|
a northerly re-entrant corner of the herein described tract, and |
|
lying the easterly right-of-way line of said Lakeside Plaza Drive; |
|
THENCE, with the easterly right-of-way line of said Lakeside |
|
Plaza Drive, North 04 degrees 48 minutes 08 seconds East, a |
|
distance of 114.86 feet, to a 1/2-inch iron rod found at the |
|
southwest corner of the aforementioned called 1.345 acre tract, and |
|
a northwesterly corner of the herein described tract; |
|
THENCE, South 85 degrees 13 minutes 23 seconds East, a |
|
distance of 139.54 feet, to a 1/2-inch iron rod found at the |
|
southeast corner of said called 1.345 acre tract, and a northerly |
|
re-entrant corner of the herein described tract; |
|
THENCE, North 04 degrees 48 minutes 39 seconds East, a |
|
distance of 420.04 feet, to the POINT OF BEGINNING and containing a |
|
computed area of 1,116.39 acres (48,630,066 square feet) of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of districts with conservation, |
|
reclamation, and road powers and the inclusion of land in those |
|
districts has been complied with. |
|
(e) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act have been |
|
fulfilled and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 2296 was passed by the House on April |
|
14, 2011, by the following vote: Yeas 142, Nays 0, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 2296 was passed by the Senate on May |
|
25, 2011, by the following vote: Yeas 31, Nays 0 |
|
. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |