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AN ACT
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relating to the creation of the Montecillo Municipal Management |
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District No. 1; providing authority to levy an assessment, impose a |
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tax, 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 3900 to read as follows: |
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CHAPTER 3900. MONTECILLO MUNICIPAL MANAGEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3900.001. 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 El Paso, Texas. |
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(3) "County" means El Paso County, Texas. |
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(4) "Director" means a board member. |
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(5) "District" means the Montecillo Municipal |
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Management District No. 1. |
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Sec. 3900.002. CREATION AND NATURE OF DISTRICT. The |
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district is a special district created under Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution. |
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Sec. 3900.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the city and |
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other political subdivisions to contract with the district, the |
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legislature has established a program to accomplish the public |
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purposes set out in Section 52-a, Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve the city or county from providing the level |
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of services provided to the area in the district as of the effective |
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date of the Act enacting this chapter. The district is created to |
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supplement and not to supplant the city and county services |
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provided in the district. |
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Sec. 3900.004. 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 district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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(d) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(e) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(f) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(g) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3900.005. DISTRICT TERRITORY. (a) The district is |
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initially composed of the territory described by Section 2 of the |
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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 contract; |
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(3) authority to borrow money or issue bonds or other |
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obligations described by Section 3900.201 or to pay the principal |
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and interest of the bonds or other obligations; |
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(4) right to impose or collect a tax or an assessment, |
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or collect other revenue; or |
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(5) legality or operation. |
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Sec. 3900.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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(a) 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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(b) If the city creates a tax increment reinvestment zone |
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described by Subsection (a), the city and the board of directors of |
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the zone, by contract with the district, may grant money deposited |
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in the tax increment fund to the district to be used by the district |
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for: |
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(1) the purposes permitted for money granted to a |
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corporation under Section 380.002(b), Local Government Code; and |
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(2) any other district purpose, including the right to |
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pledge the money as security for any bonds or other obligations |
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issued by the district under Section 3900.201. |
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(c) A tax increment reinvestment zone created by the city in |
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the district is not subject to the limitations provided by Section |
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311.006, Tax Code. |
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Sec. 3900.007. 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. 3900.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3900.009-3900.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3900.051. GOVERNING BODY; TERMS. The district is |
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governed by a board of five directors who serve staggered terms of |
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four years, with two or three directors' terms expiring May 31 of |
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each even-numbered year. |
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Sec. 3900.052. APPOINTMENT OF DIRECTORS. The governing |
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body of the city shall appoint directors. |
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Sec. 3900.053. VACANCY. If there are fewer than three |
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directors, the governing body of the city shall appoint the |
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necessary number of directors to fill all board vacancies. |
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Sec. 3900.054. COMPENSATION; EXPENSES. (a) A director is |
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entitled to receive fees of office of not more than $150 a day for |
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each day the director spends performing the director's duties. |
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(b) A director is entitled to receive reimbursement for |
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actual expenses reasonably and necessarily incurred while engaging |
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in activities on behalf of the district. |
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Sec. 3900.055. INITIAL DIRECTORS. (a) Not later than |
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September 1, 2012, the governing body of the city shall appoint the |
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initial board. |
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(b) Of the initial directors, the terms of two directors |
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expire May 31, 2013, and the terms of three directors expire May 31, |
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2015. |
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(c) This section expires September 1, 2013. |
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[Sections 3900.056-3900.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3900.101. 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. 3900.102. PUBLIC IMPROVEMENT DISTRICT POWERS: |
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LIMITATION. The district has the powers provided by Chapter 372, |
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Local Government Code, to a municipality. The district may not |
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exercise public improvement district powers in a municipality's |
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extraterritorial jurisdiction. |
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Sec. 3900.103. WATER DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to conservation and |
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reclamation districts created under Section 59, Article XVI, Texas |
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Constitution, including Chapters 49 and 54, Water Code. |
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Sec. 3900.104. ROAD DISTRICT POWERS. The district has the |
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powers provided by the general laws relating to road districts and |
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road utility districts created under Sections 52(b) and 52-a, |
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Article III, Texas Constitution, including Chapters 365 and 441, |
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Transportation Code. |
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Sec. 3900.105. CONTRACT POWERS. The district may contract |
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with a governmental or private entity, on terms determined by the |
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board, to carry out a power or duty authorized by this chapter or to |
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accomplish a purpose for which the district is created. |
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Sec. 3900.106. IMPROVEMENT PROJECT AND SERVICE IN DEFINABLE |
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AREA. The district may undertake an improvement project or service |
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that confers a special benefit on a definable area in the district |
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and levy and collect a special assessment on benefited property in |
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the district in accordance with: |
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(1) Chapter 372, Local Government Code; or |
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(2) Chapter 375, Local Government Code. |
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Sec. 3900.107. IMPROVEMENT PROJECTS AND SERVICES IN |
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GENERAL. The district may provide, design, construct, acquire, |
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improve, relocate, operate, maintain, or finance an improvement |
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project or service using money available to the district, or |
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contract with a governmental or private entity to provide, design, |
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construct, acquire, improve, relocate, operate, maintain, or |
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finance an improvement project or service authorized under this |
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chapter or Chapter 375, Local Government Code. |
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Sec. 3900.108. 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. 3900.109. 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. 3900.110. 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. 3900.111. 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. 3900.112. 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. 3900.113. 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 that: |
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(1) Chapter 380, Local Government Code, provides to a |
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municipality; and |
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(2) Subchapter A, Chapter 1509, Government Code, |
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provides to a municipality. |
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Sec. 3900.114. 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 necessary |
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components of a street and are considered to be a street or road |
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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. 3900.115. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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Sec. 3900.116. NO TOLL ROADS. The district may not |
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construct, acquire, maintain, or operate a toll road. |
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[Sections 3900.117-3900.150 reserved for expa |
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nsion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS |
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Sec. 3900.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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board by resolution shall establish the number of signatures and |
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the procedure required for a disbursement or transfer of the |
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district's money. |
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Sec. 3900.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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an improvement project or service authorized under this chapter |
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using any money available to the district. |
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Sec. 3900.153. RESIDENTIAL PROPERTY NOT EXEMPT. Section |
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375.161, Local Government Code, does not apply to the district. |
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Sec. 3900.154. 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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[Sections 3900.155-3900.200 reserved for expansion] |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 3900.201. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue bonds or other obligations payable wholly or |
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partly from ad valorem taxes, assessments, impact fees, revenue, |
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grants, or other money of the district, including revenue from a tax |
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increment reinvestment zone created under Chapter 311, Tax Code, or |
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any combination of those sources of money, to pay for any authorized |
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purpose of the district. |
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(b) In exercising the district's borrowing power, the |
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district may issue a bond or other obligation in the form of a bond, |
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note, certificate of participation or other instrument evidencing a |
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proportionate interest in payments to be made by the district, or |
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other type of obligation. |
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Sec. 3900.202. APPROVAL BY CITY; BOND ISSUANCE PLAN. (a) |
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Except as provided by Subsection (c), the district must obtain the |
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approval of the city for: |
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(1) the issuance of bonds for an improvement project; |
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(2) the plans and specifications of an improvement |
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project financed by the bonds; and |
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(3) the plans and specifications of an improvement |
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project related to the use of land owned by the city, an easement |
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granted by the city, or a right-of-way of a street, road, or |
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highway. |
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(b) The district may not issue bonds until the governing |
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body of the city approves a bond issuance plan authorizing and |
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setting forth the limitations on the issuance of the bonds. |
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(c) If the district obtains the approval of the city of a |
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capital improvements budget for a period not to exceed five years, |
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the district may finance the capital improvements and issue bonds |
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specified in the budget without further approval from the city. |
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Sec. 3900.203. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations payable from any source other than ad valorem taxation. |
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(b) The district must hold an election to obtain voter |
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approval before the district may impose an ad valorem tax or issue |
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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) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 3900.204. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election, the district may impose an operation and |
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maintenance tax in accordance with Section 49.107, Water Code. |
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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. 3900.205. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may make payments under a |
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contract from taxes other than operation and maintenance taxes |
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after the provisions of the contract have been approved by a |
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majority of the district voters voting at an election held for that |
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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. 3900.206. TAXES FOR BONDS. (a) At the time the |
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district issues bonds payable from ad valorem taxes, the board |
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shall impose a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, as required by Section 54.601, Water |
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Code. |
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(b) The board shall annually impose the tax while all or |
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part of the bonds are outstanding. Sections 54.601 and 54.602, |
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Water Code, govern the amount and rate of the tax. |
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Sec. 3900.207. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects may not exceed |
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one-fourth of the assessed value of the real property in the |
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district. |
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Sec. 3900.208. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO |
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IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district |
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may issue bonds, impose taxes, impose assessments, or borrow money, |
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the district and the city must negotiate and execute a mutually |
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approved and accepted project development agreement regarding the |
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development plans and rules for: |
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(1) the development and operation of the district; and |
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(2) the financing of improvement projects. |
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SECTION 2. The Montecillo Municipal Management District No. |
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1 initially includes all the territory contained in the following |
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area: |
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TRACT 1 |
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A parcel of land being a portion of Tract 1, John Barker |
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Survey No. 10 and a portion of Montecillo Unit Three Amending Plat |
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as recorded in clerks file no. 20090065237, City of El Paso, El Paso |
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County, Texas, and being more particularly described by metes and |
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bounds as follows: |
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COMMENCING for reference at a found 1" pipe in concrete |
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marked "NE 10" for the northeast corner of John Barker Survey No. |
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10; from which a found pipe for the northwest corner of John Baker |
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Survey No. 10 bears North 89°10'00" West a distance of 2,596.86 |
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feet; thence from said northeast corner of John Baker No. 10, North |
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89°10'00" West a distance of 978.66 feet to a point on the westerly |
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line of Lot 2, Block 2, Montecillo Unit Three Amending for the "TRUE |
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POINT OF BEGINNING"; |
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THENCE along the westerly line of Lot 2, Block 2, Montecillo |
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Unit Three Amending Plat the following courses; South 05°24'34" West |
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a distance of 178.31 feet to a point; South 18°45'13" West a distance |
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of 133.53 feet to a point; South 09°53'25" West a distance of 133.88 |
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feet to a point; South 10°01'41" West a distance of 124.87 feet to a |
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point; South 05°56'36" West a distance of 54.88 feet to a point; |
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South 10°14'52" East a distance of 95.04 feet to a point; South |
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01°18'09" West a distance of 49.46 feet to a point; South 11°35'01" |
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West a distance of 71.13 feet to a point; South 15°50'34" East a |
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distance of 206.33 feet to a point; South 06°49'19" East a distance |
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of 46.74 feet to a point; South 01°32'51" West a distance of 152.97 |
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feet to a point; South 06°11'09" East a distance of 156.42 feet to a |
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point; South 49°10'11" East a distance of 212.37 feet to a point on |
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the northwesterly right-of-way line of Montecillo Blvd.; |
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THENCE along said right-of-way line 64.94 feet along the arc |
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of a curve to the left which has a radius of 1045.00 feet a central |
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angle of 03°33'29" a chord which bears North 15°30'36" East a |
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distance of 64.93 feet to a point; |
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THENCE along said right-of-way line North 13°43'46" East a |
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distance of 67.75 feet to a point of curve; |
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THENCE along said right-of-way line 450.97 feet along the arc |
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of a curve to the right which has a radius of 860.00 feet a central |
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angle of 30°02'42" a chord which bears North 28°45'07" East a |
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distance of 445.82 feet to a point; |
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THENCE along said right-of-way line North 43°46'28" East a |
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distance of 10.23 feet to a point of curve; |
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THENCE along said right-of-way line 213.50 feet along the arc |
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of a curve to the right which has a radius of 1068.00 feet a central |
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angle of 01°27'14" a chord which bears North 49°30'05" East a |
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distance of 213.15 feet to a point on the intersection of the |
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westerly line of Montecillo Unit Two and the northerly right-of-way |
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line of Montecillo Blvd.; |
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THENCE along the northerly right-of-way line of Montecillo |
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Blvd., 200.54 feet along the arc of a curve to the right which has a |
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radius of 1068.00 feet a central angle of 10°45'30" a chord which |
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bears North 60°36'28" East a distance of 200.24 feet to a point; |
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THENCE along said right-of-way line North 65°59'13" East a |
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distance of 56.37 feet to a point of curve; |
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THENCE 39.27 feet along the arc of a curve to the left which |
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has a radius of 25.00 feet a central angle of 89°59'44" a chord which |
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bears North 20°59'21" East a distance of 35.35 feet to a point on the |
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westerly right-of-way line of Mesa Street (U.S. 80); |
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THENCE along said right-of-way line South 24°00'31" East a |
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distance of 160.00 feet to a point; |
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THENCE leaving said right-of-way line 39.27 feet along the |
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arc of a curve to the left which has a radius of 25.00 feet a central |
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angle of 90°00'16" a chord which bears North 69°00'39" West a |
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distance of 35.36 feet to a point on the southerly right-of-way line |
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of Montecillo Blvd.; |
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THENCE along said right-of-way line South 65°59'13" West a |
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distance of 56.35 feet to a point; |
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THENCE 371.40 feet along the arc of a curve to the left which |
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has a radius of 958.00 feet a central angle of 22°12'45" a chord |
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which bears South 54°52'51" West a distance of 369.08 feet to a point |
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on the westerly line of Montecillo Unit One; |
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THENCE along said line South 28°33'14" East a distance of |
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538.18 feet to a point on the southerly line of Montecillo Unit One; |
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THENCE along said line North 63°20'17" East a distance of |
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269.84 feet to a point on the easterly line of Montecillo Unit |
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Three; |
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THENCE along said line South 00°46'50" West a distance of |
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953.90 feet to a point on the southerly line of Montecillo Unit |
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Three; |
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THENCE along said line North 82°25'27" West a distance of |
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1051.35 feet to a point on the easterly right-of-way line of |
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Montecillo Blvd.; |
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THENCE 152.54 feet along the arc of a curve to the left which |
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has a radius of 2144.12 feet a central angle of 04°04'34" a chord |
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which bears South 17°58'17" West a distance of 152.50 feet to a |
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point; |
|
THENCE leaving said right-of-way line North 82°25'27" West a |
|
distance of 111.12 feet to a point on the westerly right-of-way line |
|
of Montecillo Blvd.; |
|
THENCE along said right-of-way line 152.29 feet along the arc |
|
of a curve to the right which has a radius of 2254.12 feet a central |
|
angle of 03°52'15" a chord which bears North 17°27'29" East a |
|
distance of 152.26 feet to a point; |
|
THENCE leaving said right-of-way line Montecillo 82°25'27" |
|
West a distance of 1452.81 feet to a point on the westerly line of |
|
Montecillo Unit Three Amending; |
|
THENCE along said line North 00°49'12" East passing the |
|
northerly line of Block 6 of Montecillo Unit Three at a distance of |
|
1113.33 feet a total distance of 2051.92 feet to a point on the |
|
northerly line of John Barker Survey No.10; |
|
THENCE along said line South 89°10'00" East a distance of |
|
1618.20 feet to the "TRUE POINT OF BEGINNING" and containing 101.97 |
|
acres of land more or less. |
|
TRACT 2 |
|
A parcel of land being Tracts 6 and 7, I.F. Harrison Survey |
|
No. 54, Tracts 3 and 3A, J. Barker Survey No. 10, and Tract 4F2B, |
|
A. F. Miller Survey No. 215, City of El Paso, El Paso County, Texas, |
|
and being more particularly described by metes and bounds as |
|
follows: |
|
COMMENCING for reference at a found chiseled "X" at the most |
|
easterly corner of Rubin Heights Unit Two Replat "A" Amending Plat |
|
recorded in Volume 75, Page 53 of the El Paso County Plat Records, |
|
from which a found city monument disk at the intersection of |
|
Suncrest Drive and Rubin Drive bears, North 00°27'58" West a |
|
distance of 534.99 feet, said chiseled "X" being the "TRUE POINT OF |
|
BEGINNING". |
|
THENCE along the westerly right-of-way extension of Suncrest |
|
Drive described as northeasterly line of Tract 6, I.F. Harrison |
|
Survey No. 54 recorded in Book 3019, Page 1895 with the El Paso |
|
County Deed Records, 378.95 feet (379.09 feet, Bk. 3019, Pg. 1895) |
|
along the arc of a curve to the left which has a radius of 695.00 |
|
feet, a central angle of 31°14'25" (31°15'08", Bk. 3019, Pg. 1895), |
|
and a chord which bears South 36°00'23" East (South 36°02'41" East, |
|
Bk. 3019, Pg. 1895) a distance of 374.27 feet (374.41 feet, Bk. |
|
3019, Pg. 1895) to a set 1/2" rebar with cap "5152" at a point of |
|
tangency; |
|
THENCE along said right-of-way extension, South 51°37'35" |
|
East (South 51°40' 15" East, Bk. 3019, Pg. 1895) a distance of 90.00 |
|
feet to a found 5/8" rebar with cap "2998" at the common line |
|
between Tract 7 and Tract 6; |
|
THENCE with the westerly line of Tract 7, I.F. Harrison |
|
Survey No. 54 described in Book 3019, Page 1895 with the El Paso |
|
County Deed Records, North 38°22'25" East (North 38°19'45" East, Bk. |
|
3019, Pg. 1895) a distance of 35.00 feet to a found 5/8" rebar with |
|
cap "2998" at the centerline extension of Suncrest Drive; |
|
THENCE with said centerline extension, North 51°37'35" West |
|
(North 51°40'15" West, Bk. 3019, Pg. 1895) a distance of 90.00 feet |
|
to a set 1/2" rebar with cap "5152" at a point of curvature; |
|
THENCE with said centerline extension, 360.00 feet along the |
|
arc of a curve to the right which has a radius of 660.00 feet, a |
|
central angle of 31°15'08", and a chord of 355.55 feet that bears |
|
North 36°00'01" West (North 36°02'41" West, Bk. 3019, Pg. 1895) to a |
|
set 1/2" rebar with cap "5152"; |
|
THENCE leaving said centerline, North 69°37'36" East (North |
|
69°34'53" East, Bk. 3019, Pg. 1895) a distance of 35.00 feet to a set |
|
1/2" rebar with cap "5152" at the southwesterly corner of Lot 1, |
|
Block 2, Rubin Heights Unit One recorded in Volume 37, Page 8 with |
|
the El Paso County Plat Records; |
|
THENCE with the southerly line of said lot, North 85°08'41" |
|
East (North 85°04'36" East, Bk. 3019, Pg. 1895) a distance of 665.73 |
|
feet (665.94 feet, Bk. 3019, Pg. 1895) to a set 1/2" rebar with cap |
|
"5152"; |
|
THENCE continuing with the southerly line of said lot, North |
|
68°51'17" East (North 68°47'14" East, Bk. 3019, Pg. 1895) a distance |
|
of 480.17 feet to a set 1/2" rebar with cap "5152" at the common line |
|
between I.F. Harrison No. 54 and A.F. Miller Survey No. 215, from |
|
which a found 5/8" rebar with cap "2998" bears North 02°08'52" East a |
|
distance of 0.64 feet; |
|
THENCE with said common line, North 00°50'42" East (North |
|
00°48'15" East, Bk. 3019, Pg. 1895) a distance of 23.28 feet to a |
|
found 5/8" rebar, from which a found 5/8" rebar with cap "2998" |
|
bears South 27°21'08" East a distance of 0.12 feet; |
|
THENCE continuing with said common line, North 00°48'05" East |
|
(North 00°45'38" East, Bk. 3019, Pg. 1895) a distance of 22.00 feet |
|
to a set 1/2" rebar with cap "5152" on the southerly line of Fiesta |
|
Hills Addition Unit Three recorded in Volume 19, Page 28 with the El |
|
Paso County Plat Records; |
|
THENCE along the southerly line of said Fiesta Hills Addition |
|
Unit Three, North 77°12'38" East (North 77°10'11" East, Bk. 3019, Pg. |
|
1895) a distance of 1463.16 feet (1463.37 feet, Bk. 3019, Pg. 1895) |
|
to a point on the westerly line of Fiesta Hills Addition Unit Four |
|
recorded in Volume 52, Page 11, of the El Paso County Plat Records, |
|
from which a found 5/8" rebar with cap "2998" bears North 57°53'10" |
|
East a distance of 0.33 feet, and from which a found city monument |
|
disk set for the centerline intersection of Festival Drive and |
|
Carousel Drive, bears North 46°02'23" East a distance of 373.89 |
|
feet; |
|
THENCE with said westerly line, South 00°48'00" West (South |
|
00°46'56" West, Bk. 3019, Pg. 1895) a distance of 260.73 feet |
|
(260.49 feet, Bk. 3019, Pg. 1895) to a set 1/2" rebar with cap |
|
"5152" at the southwest corner of Lot 36, Block 3, Fiesta Hills |
|
Addition Unit Four; |
|
THENCE with the south line of said Lot 36, South 89°55'57" |
|
East (South 89°57'01" East, Bk. 3019, Pg. 1895) a distance of 153.24 |
|
feet to a point on the northerly right-of-way of New Orleans Drive, |
|
from which a found 5/8" rebar with cap "2998" bears North 37°19'09" |
|
East a distance of 0.34 feet; |
|
THENCE South 00°04'03" West (South 00°02'59" West, Bk. 3019, |
|
Pg. 1895) a distance of 171.00 feet (171.16 feet, Bk. 3019, Pg. |
|
1895) to a set 1/2" rebar with cap "5152" at the north line of Tract |
|
1, J. Barker Survey No. 10 as described by Book 1177, Page 0599 |
|
recorded with the El Paso County Deed Records; |
|
THENCE along said north line, North 89°10'00" West |
|
(Montecillo 89°13'04" West, Bk. 3019, Pg. 1895) a distance of 633.05 |
|
feet (633.30 feet, Bk. 3019, Pg. 1895) to a found brass cap at the |
|
northwesterly corner of said Tract 1; |
|
THENCE along the west line of said Tract 1, South 00°49'12" |
|
West (South 00°46'16" West, Bk. 3019, Pg. 1895) passing a found nail |
|
in rock for the southeasterly corner of Tract 3A, J. Barker Survey |
|
No. 10 at 1143.91 feet a total distance of 1976.87 feet to a set 1/2" |
|
rebar with cap "5152" at the southeast corner of Tract 3, J. Barker |
|
Survey No. 10 recorded in Book 3712, Page 1055 and the northerly |
|
line of 175 foot El Paso Electric Company right-of-way as described |
|
by Book 1357, Page 385, Book 1324, Page 273, and Book 552, Page 446, |
|
recorded with the El Paso County Deed Records, from which a found |
|
E.P.E.C. brass cap bears South 00°49' 12" West a distance of 75.05 |
|
feet; |
|
THENCE South 88°42'39" West (South 87°59' West, Bk. 1357, Pg. |
|
385) a distance of 731.43 feet to a set 1/2" rebar with cap "5152" at |
|
the easterly right-of-way line of Interstate Highway No.10 as per |
|
R.O.W. Map Control No. 2121, Sect. 2, Job No. 27, from which a found |
|
TX.D.O.T. brass cap bears South 52°28'48" East a distance of 0.50 |
|
feet; |
|
THENCE along said right-of-way line, North 37°37'35" West |
|
(North 34°27'12" West, Control No. 2121, Sect. 2, Job No. 27) a |
|
distance of 86.51 feet (87.29 feet, Book 3712, Page 1055) to a found |
|
TX.D.O.T. brass cap; |
|
THENCE along said right-of-way line, North 53°33'34" West |
|
(North 50°22'46" West, Control No. 2121, Sect. 2, Job No. 27) a |
|
distance of 1031.67 feet (1030.12 feet, Control No. 2121, Sect. 2, |
|
Job No. 27) to a found TX.D.O.T. brass cap; |
|
THENCE along said right-of-way, North 73°22'05" West (North |
|
70°10'33" West, Control No. 2121, Sect. 2, Job No. 27) a distance of |
|
596.01 feet (595.93 feet, Control No. 2121, Sect. 2, Job No. 27) to |
|
a found TX.D.O.T. brass cap; |
|
THENCE along said right-of-way line, North 89°50'45" West |
|
(North 86°38'04" West, Control No. 2121, Sect. 2, Job No. 27) |
|
passing a found TX.D.O.T. brass cap at 804.85 feet and a total |
|
distance of 1156.06 feet (1158.22 feet, Control No. 2121, Sect. 2, |
|
Job No. 27) to a set 1/2" rebar with cap "5152" at the intersection |
|
of said right-of-way and the southeasterly line of Rubin Heights |
|
Unit Two Replat "A" Amending Plat, from which a found 5/8" rebar |
|
with cap "2998" bears North 85°05'11" West a distance of 2.31 feet |
|
to; |
|
THENCE along said southeasterly line, North 57°42'45" East |
|
(North 57°42'12" East, Vol. 75, Pg. 53) a distance of 364.55 feet |
|
(364.33 feet, Vol. 75, Pg. 53) to a found 5/8" rebar with cap |
|
"2998"; |
|
THENCE along said southeasterly line, South 21°57'44" East |
|
(South 21°58'17" East, Vol. 75, Pg. 53) a distance of 51.42 feet |
|
(51.56 feet, Book. 3019, Page 1895) to a found 5/8" rebar with cap |
|
"2998" at a point of inverse; |
|
THENCE along said southeasterly line, North 48°10'04" East |
|
(North 48°09'31" East, Vol. 75, Pg. 53) a distance of 949.15 feet |
|
(Book 3019, Page 1895) to a set 1/2" rebar with cap "5152"; |
|
THENCE along said southeasterly line, North 53°40'20" East |
|
(North 53°39'47" East, Vol. 75, Pg. 53) a distance of 265.80 feet |
|
(263.78 feet, Vol. 75, Pg. 53) to the "TRUE POINT OF BEGINNING" and |
|
containing in all 4,325,020.78 square feet or 99.2888 acres of land |
|
more or less. |
|
TRACT 3 |
|
A parcel of land being Tract 4, J. Barker Survey No. 10, City |
|
of El Paso, El Paso County, Texas, and being more particularly |
|
described by metes and bounds as follows: |
|
COMMENCING for reference at a found brass disk marking the |
|
northeast corner of Tract 3A, John Barker Survey No. 10, thence |
|
along the line between Tracts 1 and 3, John Barker Survey No. 10, |
|
South 00°49'08" West a distance of 2252.05 feet to a set 1/2" rebar |
|
with cap "5152" set for the northeasterly corner of Tract 4 as |
|
described in Book 3712, Page 1055, from which a found E.P.E.C. brass |
|
cap bears North 00°48'24" East a distance of 200.13 feet; |
|
THENCE along the easterly line of said Tract 4, South |
|
00°48'24" West (South 00°01'45" West, Bk. 3712, Pg. 1055) a distance |
|
of 1283.08 feet (1283.47 feet, Bk. 3712, Pg. 1055) to a found |
|
TX.D.O.T. sheared concrete monument at the easterly right-of-way |
|
line of Interstate 10 as per R.O.W. Map Control No. 2121, Sect. 2, |
|
Job No. 27; |
|
THENCE with said right-of-way line, North 21°16'42" West |
|
(North 18°07'32" West, Control No. 2121, Sect. 2, Job No. 27) a |
|
distance of 663.74 feet (661.79 feet, Control No. 2121, Sect. 2, Job |
|
No. 27) to a found TX.D.O.T. brass cap; |
|
THENCE with said right-of-way line, North 71°39'13" East |
|
(North 71°52'28" East, Control No. 2121, Sect. 2, Job No. 27) a |
|
distance of 49.73 feet (50.00 feet, Control No. 2121, Sect. 2, Job |
|
No. 27) to a found TX.D.O.T. brass cap; |
|
THENCE with said right-of-way line, North 21°53'42" West |
|
(North 18°39'33" West, Control No. 2121, Sect. 2, Job No. 27) a |
|
distance of 537.26 feet (536.77 feet, Control No. 2121, Sect. 2, Job |
|
No. 27) to a found TX.D.O.T. brass cap; |
|
THENCE with said right-of-way line, North 37°37'35" West |
|
(North 34°27'12" West, Control No. 2121, Sect. 2, Job No. 27) a |
|
distance of 175.03 feet (175.26 feet, Control No. 2121, Sect. 2, Job |
|
No. 27) to a point the southerly line of 175 foot El Paso Electric |
|
Company right-of-way as described by Book 1357, Page 385, Book |
|
1324, Page 273, and Book 552, Page 446, recorded with the El Paso |
|
County Deed Records, from which a found 1/2" rebar bears North |
|
30°35'53" West a distance of 0.23 feet; |
|
THENCE leaving said right-of-way line, North 88°42'39" East |
|
(North 87°59'00" East, Bk. 1324, Pg. 273) a distance of 519.06 feet |
|
to the "TRUE POINT OF BEGINNING" and containing in all 300,801.16 |
|
square feet or 6.9054 acres of land, more or less. |
|
TRACT 4 |
|
Description of a parcel of land being a Tract 21, John Barker |
|
Survey No. 10 and Tract 4A and a portion of Tract 6A, A.F. Miller |
|
Survey No. 216, City of El Paso, El Paso County, Texas and being |
|
more particularly described by metes and bounds as follows: |
|
COMMENCING for reference at a found city monument at the |
|
centerline intersection of Argonaut Drive and Kingspoint Drive; |
|
thence North 89°09'56" East a distance of 51.83 feet to a point on |
|
the westerly boundary line of a 75 feet El Paso Electric Company |
|
right-of-way; thence along said right-of-way line North 00°50'04" |
|
West a distance of 620.02 feet to a set 1/2" rebar with cap marked TX |
|
5152 for the northeasterly corner of Tract 6G, A.F. Miller Survey |
|
No. 216 as described in Volume 2482, Page 1056, Real Property |
|
Records of El Paso County, Texas for The "TRUE POINT OF BEGINNING"; |
|
THENCE along the northerly boundary line of said Tract 6G the |
|
following three courses: South 89°09'56" West a distance of 676.83 |
|
feet to a set 1/2" rebar with cap marked TX 5152; 209.44 feet along |
|
the arc of a curve to the left whose radius is 400.00 feet whose |
|
interior angle is 30°00'00" whose chord bears North 75°50'04" West a |
|
distance of 207.06 feet to a set 1/2" rebar with cap marked TX 5152; |
|
North 60°50'04" West a distance of 33.13 feet to a set 1/2" rebar |
|
with cap marked TX 5152 on the westerly boundary line of Tract 6G, |
|
A.F. Miller Survey No. 216; |
|
THENCE along said boundary line South 29°09'56" West a |
|
distance of 204.43 feet to a set 1/2" rebar with cap marked TX 5152; |
|
THENCE continuing along said boundary line South 18°01'00" |
|
East a distance of 575.39 feet to a set 1/2" rebar with cap marked TX |
|
5152 on the common boundary line of Tracts 6A and 6F, A.F. Miller |
|
Survey No. 216; |
|
THENCE along the common boundary line of Tracts 6A and 6F, |
|
A.F. Miller Survey No. 216 the following seven courses: South |
|
60°09'56" West a distance of 427.00 feet to a set 1/2" rebar with cap |
|
marked TX 5152 from this point a found 1/2" rebar with cap marked TX |
|
2027 bears N 07°20'58" E a distance of 0.52 feet; South 58°48'50" |
|
West a distance of 114.48 feet to a set 1/2" rebar with cap marked TX |
|
5152 from this point a found 1/2" rebar with cap marked TX 2027 |
|
bears N 06°27'21" E a distance of 0.76 feet; South 41°09'56" West a |
|
distance of 115.13 feet to a set 1/2" rebar with cap marked TX 5152 |
|
from this point a found 1/2" rebar with cap marked TX 2027 bears N |
|
15°03'01" W a distance of 0.61 feet; South 28°29'56" West a distance |
|
of 115.13 feet to a set 1/2" with cap marked TX 5152 from this point |
|
a found 1/2" rebar with cap marked TX 2027 bears N 04°41'02" W a |
|
distance of 0.71 feet; South 22°09'56" West a distance of 153.07 |
|
feet to a set 1/2" rebar with cap marked TX 5152 from this point a |
|
found 1/2" rebar with cap marked TX 2027 bears N 22°17'52" W a |
|
distance of 0.54 feet; South 12°00'00" East a distance of 130.00 |
|
feet to a set 1/2" rebar with cap marked TX 5152 from this point a |
|
found 1/2" rebar with cap marked TX 2027 bears N 07°22'45" W a |
|
distance of 0.78 feet; South 35°50'16" East a distance of 120.36 |
|
feet to a set 1/2" rebar with cap marked TX 5152 on the common |
|
boundary line of Tract 6A and Lot 11, Block 1, Kings Hills; |
|
THENCE along said boundary line South 42°56'56" East a |
|
distance of 297.80 feet to a set 1/2" rebar with cap marked TX 5152; |
|
THENCE continuing along said boundary line South 60°31'49" |
|
East a distance of 150.09 feet to a set 1/2" rebar with cap marked TX |
|
5152 on the westerly right-of-way line of Argonaut Drive; |
|
THENCE along said right-of-way line South 31°26'17" West a |
|
distance of 43.20 feet to a set 1/2" rebar with cap marked TX 5152 on |
|
the southerly boundary line of Tract 6A, A.F. Miller Survey No. 216; |
|
THENCE along said boundary line North 89°28'41" West a |
|
distance of 551.99 feet to a set 1/2" rebar with cap marked TX 5152 |
|
on the easterly right-of-way line of Mesa Street; |
|
THENCE along said right-of-way line the following three |
|
courses: North 33°51'53" West a distance of 483.84 feet to a set 1/2" |
|
rebar with cap marked TX 5152; North 22°47'47" West a distance of |
|
127.04 feet to a set 1/2" rebar with cap marked TX 5152; North |
|
15°17'53" West (N 14°43'47" W Vol. 1426, Pg. 1380) a distance of |
|
923.26 feet to a set nail with cap marked TX 5152 on face of rock |
|
wall; |
|
THENCE 31.42 feet along the arc of a curve to the left whose |
|
interior angle is 90°00'00" whose radius is 20.00 feet whose chord |
|
bears South 60°17'53" East a distance of 28.28 feet to a set nail |
|
with cap marked TX 5152 on face of rock wall on the common boundary |
|
line of Tract 4A, A.F. Miller Survey No. 216 and Mesa Hills Unit 15 |
|
recorded in Volume 61, Page 66, Plat records of El Paso County, |
|
Texas; |
|
THENCE along said boundary line North 74°42'07" East (N |
|
75°16'56" E Vol. 61, Pg. 66) a distance of 97.77 feet to a set 1/2" |
|
rebar with cap marked TX 5152 on the easterly boundary line of Mesa |
|
Hills Unit 15; |
|
THENCE along the easterly boundary line of Mesa Hills Unit 15 |
|
the following six courses: North 00°15'38" East (N 00°50'27" E Vol. |
|
61, Pg. 66) a distance of 747.02 feet to a set 1/2" rebar with cap |
|
marked TX 5152; 68.76 feet along the arc of a curve to the left whose |
|
interior angle is 13°07'54" whose radius is 300.00 feet whose chord |
|
bears North 27°11'01" East a distance of 68.61 feet to a set 1/2"' |
|
rebar with cap marked TX 5152; North 20°37'09" East (N 21°11''58" E |
|
Vol. 61, Pg. 66) a distance of 33.96 feet to a found 1/2" rebar with |
|
cap marked TX 2027; 101.08 feet along the arc of a curve to the right |
|
whose interior angle is 18°14'24" whose radius is 317.50 feet whose |
|
chord bears North 29°44'21" East a distance of 100.65 feet to a set |
|
1/2" rebar with cap marked TX 5152; |
|
North 38°51'30" East (N 39°26' 19" E Vol. 61, Pg. 66) a |
|
distance of 334.47 feet to a set 1/2" rebar with cap marked TX 5152; |
|
39.51 feet along the arc of a curve to the left whose interior angle |
|
is 07°32'47" whose radius is 300.00 feet whose chord bears North |
|
35°05'07" East a distance of 39.48 feet to a set 1/2" rebar with cap |
|
marked TX 5152; |
|
THENCE South 89°43'19" East (S 89°08'30" W Vol. 76, Pg. 48) a |
|
distance of 1730.88 feet to a set 1/2" rebar with cap marked TX 5152 |
|
on the westerly boundary line of a 75 foot El Paso Electric Company |
|
right-of-way; |
|
THENCE along said right-of-way line South 00°50'04" East a |
|
distance of 814.44 feet to the "TRUE POINT OF BEGINNING" and |
|
containing 72.28 acres of land more or less. |
|
TRACT 5 |
|
A parcel of land being of Tract 6A, NKA Tract 6G, A.F. Miller |
|
Survey No. 216 and Lot 1, Block 36, Kings Hill Replat, City of El |
|
Paso, El Paso County, Texas and being more particularly described |
|
by metes and bounds as follows: |
|
COMMENCING for reference at a found city monument at the |
|
centerline intersection of Argonaut Drive and Kingspoint Drive |
|
thence along the centerline of Kingspoint Dr., South 89°09'56" West |
|
a distance of 150.00 feet to a point; thence leaving said centerline |
|
North 00°50'04" West a distance of 30.00 feet to a point on the |
|
northerly right-of-way line of Kingspoint Dr. for The "TRUE POINT |
|
OF BEGINNING"; |
|
THENCE leaving said right-of-way line North 00°50'04" West a |
|
distance of 151.58 feet to a point on the line between Tracts 6F and |
|
6G; |
|
THENCE along said line South 89°09'56" West a distance of |
|
242.35 feet to a point; |
|
THENCE along said line South 60°09'56" West a distance of |
|
450.00 feet to a point on the line between Tracts 6A and 6G, A.F. |
|
Miller Survey No. 216; |
|
THENCE along said line North 18°01'00" West a distance of |
|
575.39 feet to a point; |
|
THENCE along said line North 29°09'56" East a distance of |
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204.43 feet to a point; |
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THENCE along said line South 60°50'04" East a distance of |
|
33.13 feet to a point; |
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THENCE along said line 209.44 feet along the arc of a curve to |
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the left whose interior angle is 30°00'00" whose radius is 400.00 |
|
feet whose chord bears South 75°50'04" East a distance of 207.06 |
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feet; |
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THENCE along said line North 89°09'56" East a distance of |
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676.83 feet to a point; |
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THENCE leaving said line South 00°50'04" East a distance of |
|
68.61 feet to a point; |
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THENCE South 89°02'02" West a distance of 1.83 feet to a point |
|
on the easterly line of Lot 1, Block 9, Kings Hill Replat; |
|
THENCE along said line South 00°50'04" East a distance of |
|
501.39 feet to a point on the northerly right-of-way line of |
|
Kingspoint Dr.; |
|
THENCE along said right-of-way line South 89°09'56" West a |
|
distance of 80.00 feet to a point; |
|
THENCE along said right-of-way line 31.42 feet along the arc |
|
of a curve to the left whose interior angle is 90°00'00" whose radius |
|
is 20.00 feet whose chord bears South 44°09'56" West a distance of |
|
28.28 feet; |
|
THENCE along said right-of-way line South 89°09'56" West a |
|
distance of 100.00 feet to the "TRUE POINT OF BEGINNING" and |
|
containing 11.626 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) 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 September 1, 2011. |
|
|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3831 was passed by the House on May 3, |
|
2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 3831 on May 25, 2011, by the following vote: Yeas 146, Nays 0, |
|
2 present, not voting. |
|
|
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______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3831 was passed by the Senate, with |
|
amendments, on May 24, 2011, by the following vote: Yeas 31, Nays |
|
0. |
|
|
|
______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
|
|
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__________________ |
|
Governor |