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AN ACT
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relating to the conversion of the Legacy Water Control and |
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Improvement District to the Legacy Municipal Management District; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The Legacy Water Control and Improvement |
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District is converted to the Legacy Municipal Management District |
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and is governed by Chapter 4008, Special District Local Laws Code, |
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as added by this Act. |
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SECTION 2. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 4008 to read as follows: |
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CHAPTER 4008. LEGACY MUNICIPAL MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 4008.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "County" means Webb County. |
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(3) "Director" means a board member. |
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(4) "District" means the Legacy Municipal Management |
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District, formerly the Legacy Water Control and Improvement |
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District. |
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Sec. 4008.0102. NATURE OF DISTRICT; CONVERSION. The Legacy |
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Municipal Management District is a special district created under |
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Section 59, Article XVI, Texas Constitution, as the Legacy Water |
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Control and Improvement District. The district is converted to a |
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municipal management district known as the Legacy Municipal |
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Management District under the same constitutional authority. |
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Sec. 4008.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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conversion and operation of the district are essential to |
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accomplish the purposes of Sections 52 and 52-a, Article III, and |
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Section 59, Article XVI, Texas Constitution, and other public |
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purposes stated in this chapter. By converting the district to a |
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municipal management district and in authorizing the county 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 conversion and operation of the district are |
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necessary to promote, develop, encourage, and maintain employment, |
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commerce, 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 conversion or operation of the |
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district may not be interpreted to relieve the county from |
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providing the level of services provided as of the effective date of |
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the Act enacting this chapter to the area in the district. The |
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district is created to supplement and not to supplant county |
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services provided in the district. |
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Sec. 4008.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is converted to a municipal management district to |
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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 conversion and operation of the district is in the |
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public interest and is essential to further the public purposes of: |
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(1) developing and diversifying the economy of the |
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state; |
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(2) eliminating unemployment and underemployment; and |
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(3) developing or expanding transportation and |
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commerce. |
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(d) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty; |
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and |
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(4) provide for water, wastewater, drainage, road, and |
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recreational facilities for the district. |
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(e) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(f) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 4008.0105. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 3 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 3 of |
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the Act enacting this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bonds for the purposes |
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for which the district is created or to pay the principal of and |
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interest on the bonds; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 4008.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; or |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code. |
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Sec. 4008.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 4008.0108. CONSTRUCTION OF CHAPTER. This chapter |
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shall be liberally construed in conformity with the findings and |
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purposes stated in this chapter. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 4008.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 4008.0202. RECOMMENDATIONS FOR SUCCEEDING BOARD. (a) |
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The initial and each succeeding board of directors shall, and the |
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owners of a majority of the assessed value of property subject to |
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assessment by the district may, recommend to the governing body of |
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the county persons to serve on the succeeding board. |
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(b) After reviewing the recommendations, the governing body |
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shall approve or disapprove the directors recommended under |
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Subsection (a). |
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(c) If the governing body is not satisfied with the |
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recommendations submitted under Subsection (a), the board, on the |
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request of the governing body, shall submit to the governing body |
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additional recommendations. |
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(d) Board members may serve successive terms. |
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Sec. 4008.0203. REMOVAL OF DIRECTOR. The governing body of |
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the county after notice and hearing may remove a director for |
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misconduct or failure to carry out the director's duties on |
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petition by a majority of the remaining directors. |
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Sec. 4008.0204. 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; or |
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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. |
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Sec. 4008.0205. 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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Sec. 4008.0206. INITIAL DIRECTORS ON CONVERSION TO |
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MANAGEMENT DISTRICT. (a) On the conversion of the district to a |
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management district the initial board consists of the following |
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directors: |
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Pos. No. |
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Name of Director |
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(b) Notwithstanding Section 4008.0201, of the initial |
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directors, the terms of directors appointed for positions one, two, |
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and three expire June 1, 2024, and the terms of directors appointed |
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for positions four and five expire June 1, 2026. |
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(c) This section expires September 1, 2026. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 4008.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 4008.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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district, using any money available to the district for the |
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purpose, may provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter or Chapter 375, Local |
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Government Code. |
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(b) The district may contract with a governmental or private |
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entity to carry out an action under Subsection (a). |
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(c) The implementation of a district project or service is a |
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governmental function or service for the purposes of Chapter 791, |
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Government Code. |
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Sec. 4008.0303. 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, to provide law enforcement services in the |
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district for a fee. |
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Sec. 4008.0304. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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The district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 4008.0305. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may engage in activities that accomplish the economic |
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development purposes of the district. |
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(b) The district may establish and provide for the |
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administration of one or more programs to promote state or local |
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economic development and to stimulate business and commercial |
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activity in the district, including programs to: |
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(1) make loans and grants of public money; and |
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(2) provide district personnel and services. |
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(c) The district may create economic development programs |
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and exercise the economic development powers provided to |
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municipalities by: |
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(1) Chapter 380, Local Government Code; and |
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(2) Subchapter A, Chapter 1509, Government Code. |
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Sec. 4008.0306. 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. 4008.0307. ADDING OR EXCLUDING LAND. The district may |
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add or exclude land in the manner provided by Subchapter J, Chapter |
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49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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Sec. 4008.0308. 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. 4008.0309. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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SUBCHAPTER D. ASSESSMENTS |
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Sec. 4008.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by |
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the owners of a majority of the assessed value of real property in |
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the district subject to assessment according to the most recent |
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certified tax appraisal roll for the county. |
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Sec. 4008.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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SUBCHAPTER E. TAXES AND BONDS |
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Sec. 4008.0501. TAX ELECTION REQUIRED. (a) The district |
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must hold an election in the manner provided by Chapter 49, Water |
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Code, or, if applicable, Chapter 375, Local Government Code, to |
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obtain voter approval before the district may impose an ad valorem |
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tax. |
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(b) Section 375.243, Local Government Code, does not apply |
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to the district. |
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Sec. 4008.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized by a majority of the district voters voting at an |
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election under or in accordance with Section 4008.0501, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in the manner provided by or in accordance |
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with Section 49.107, Water Code, for any district purpose, |
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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 district may impose an operation and maintenance tax |
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previously approved by a majority of the voters of the former Legacy |
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Water Control and Improvement District. |
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(c) The board shall determine the operation and maintenance |
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tax rate. The rate may not exceed: |
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(1) if the district has not held an election under |
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Subsection (a), the rate approved at an election described by |
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Subsection (b); or |
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(2) if the district has held an election under |
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Subsection (a), the rate approved at that election. |
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Sec. 4008.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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terms determined by the board. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, |
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assessments, impact fees, revenue, contract payments, grants, or |
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other district money, or any combination of those sources of money, |
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to pay for any authorized district purpose. |
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Sec. 4008.0504. OBLIGATIONS SECURED BY REVENUE OR CONTRACT |
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PAYMENTS. The district may issue, without an election, bonds, |
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notes, and other obligations secured by: |
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(1) revenue other than ad valorem taxes, including |
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contract revenues; or |
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(2) contract payments, provided that the requirements |
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of Section 49.108, Water Code, have been met. |
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Sec. 4008.0505. BONDS SECURED BY AD VALOREM TAXES; |
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ELECTIONS. (a) If authorized at an election under Section |
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4008.0501, the district may issue bonds payable from ad valorem |
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taxes. |
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(b) At the time the district issues bonds payable wholly or |
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partly from ad valorem taxes, the board shall provide for the annual |
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imposition of a continuing direct annual ad valorem tax, without |
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limit as to rate or amount, for each year that all or part of the |
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bonds are outstanding as required and in the manner provided by |
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Sections 54.601 and 54.602, Water Code. |
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(c) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 4008.0506. CONSENT OF COUNTY REQUIRED. (a) The board |
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may not issue bonds until the county has consented by resolution to |
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the conversion of the Legacy Water Control and Improvement District |
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to a municipal management district and to the inclusion of land in |
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the district. |
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(b) This section applies only to the district's first |
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issuance of bonds payable from ad valorem taxes. |
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SUBCHAPTER I. DISSOLUTION AND MUNICIPAL ANNEXATION |
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Sec. 4008.0901. DISSOLUTION. (a) The board shall dissolve |
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the district on written petition filed with the board by the owners |
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of: |
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(1) at least two-thirds of the assessed value of the |
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property subject to assessment by the district based on the most |
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recent certified county property tax rolls; or |
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(2) at least two-thirds of the surface area of the |
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district, excluding roads, streets, highways, utility |
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rights-of-way, other public areas, and other property exempt from |
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assessment by the district according to the most recent certified |
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county property tax rolls. |
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(b) The board by majority vote may dissolve the district at |
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any time. |
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(c) The district may not be dissolved by its board under |
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Subsection (a) or (b) if the district: |
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(1) has any outstanding bonded indebtedness until that |
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bonded indebtedness has been repaid or defeased in accordance with |
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the order or resolution authorizing the issuance of the bonds; |
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(2) has a contractual obligation to pay money until |
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that obligation has been fully paid in accordance with the |
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contract; or |
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(3) owns, operates, or maintains public works, |
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facilities, or improvements unless the district contracts with |
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another person for the ownership, operation, or maintenance of the |
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public works, facilities, or improvements. |
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(d) Sections 375.261, 375.262, and 375.264, Local |
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Government Code, do not apply to the district. |
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Sec. 4008.0902. MUNICIPAL ANNEXATION. The district is a |
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"water or sewer district" under Section 43.071, Local Government |
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Code. |
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SECTION 3. The Legacy Municipal Management District |
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initially includes all territory contained in the following area: |
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Pilas Tract: Being a tract or parcel containing 3,971.307 |
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acres (172,990,131 square feet) of land situated in Webb County, |
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Texas and being all of a called 1,613.545 acre tract described in |
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deed to Huisache Cattle Company, Ltd. recorded in Volume 645, Page, |
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72 of the Webb County Deed Records (having 9.217 acres (401,478 |
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square feet) within the right-of-way of U.S. Highway 83 per |
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right-of-way map of State Highway No.(4) U.S. 83, File Number |
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SP718F - Control 37-10-1 and being combined with all of a called |
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2,357.64 acres described in deed to Huisache Cattle Company, Ltd. |
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recorded in Volume 87, Page 876 of the Webb County Deed Records, |
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said 3,971.307 acres tract being more particularly described by |
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metes and bounds as follows: (Bearings cited herein are based on the |
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Texas State Plane Coordinate System, South Zone, NAD 83, are |
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surface and may be converted to grid applying a combined scale |
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factor of 1.00003144444054) |
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BEGINNING at a point in the centerline of U.S. Highway 83, |
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north line of Section 1712 and the south line of Section 1932 for |
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the northwest corner of the herein described tract; |
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THENCE, North 89°57'16" East, along the north line of Section |
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1712 and the south line of Section 1932, at a distance of 50.21 feet |
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passing a fence on the east right-of-way line of said U.S. Highway |
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83, continuing for a total distance of 1,520.63 feet to a point for |
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corner; |
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THENCE, North 89°53'33" East, a distance of 10,741.46 feet to |
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a point in the west line of Section Number 161 for the southeast |
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corner of Section Number 1864, the northwest corner of said called |
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2,357.64 acre tract, the northeast corner of Section Number 1711 |
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and said called 1,613.545 acre tract and an angle corner of the |
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herein described tract; |
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THENCE, North 65°39'04" East, a distance of 30.49 feet to a |
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point for corner; |
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THENCE, North 89°33'48" East, a distance of 4,238.72 feet to a |
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found 1/2-inch iron rod marking an angle corner of the herein |
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described tract; |
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THENCE, South 01°13'56" West, a distance of 218.76 feet to a |
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point for corner; |
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THENCE, South 16°54'50" East, a distance of 1,161.67 feet to a |
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found 1/2-inch iron rod marking an angle corner of the herein |
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described tract; |
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THENCE, South 88°10'20" East, a distance of 5,602.88 feet to a |
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fence corner in the west line of the Missouri Railroad right-of-way |
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|
line marking the northeast corner of said called 2,357.64 acre |
|
|
tract and of the herein described tract; |
|
|
THENCE, South 04°24'06" West, a distance of 1,545.87 feet to a |
|
|
point for corner; |
|
|
THENCE, South 06°21'24" West, a distance of 401.86 feet to a |
|
|
point for corner; |
|
|
THENCE, South 10°41'28" West, a distance of 415.71 feet to a |
|
|
point for corner; |
|
|
THENCE, South 13°24'58" West, a distance of 258.75 feet to a |
|
|
point for corner; |
|
|
THENCE, South 15°19'45" West, a distance of 8,091.98 feet to a |
|
|
found magnail in fence line marking the southeast corner of said |
|
|
called 2,357.64 acre tract and of the herein described tract; |
|
|
THENCE, South 89°57'45" West, a distance of 2,483.67 feet to a |
|
|
1/2-inch iron rod in the east line of Section Number 1321 marking |
|
|
the northwest corner of Section Number 302, the southwest corner of |
|
|
Section Number 301 and an angle corner of the herein described |
|
|
tract; |
|
|
THENCE, South 00°31'20" East, along the east line of Section |
|
|
Number 1321 and the west line of Section Number 302, a distance of |
|
|
1,202.46 feet to a fence corner marking the northeast corner of |
|
|
Section Number 1322, the southeast corner of Section Number 1321 |
|
|
and an angle corner of the herein described tract; |
|
|
THENCE, South 89°32'30" West, along the north line of Section |
|
|
Number 1322, the south line of Section Number 1321, a distance of |
|
|
4,733.14 feet to a fence corner marking the most southeasterly |
|
|
northeast corner of Section Number 2311, the southwest corner of |
|
|
Section Number 1321 and an angle corner of the herein described |
|
|
tract; |
|
|
THENCE, North 00°15'07" West, along the east line of Section |
|
|
Number 2311 and the west line of Section Number 1321, a distance of |
|
|
762.70 feet to a found 2-inch iron pipe marking the northeast corner |
|
|
of Section Number 2311, the southeast corner of Section Number 739 |
|
|
and an angle corner of the herein described tract; |
|
|
THENCE, North 09°40'01" East, along the east line of Section |
|
|
Number 739 and the west line of Section Number 132,1 a distance of |
|
|
5,475.68 feet to a fence corner in the south line of Section Number |
|
|
162 marking the northeast corner of Section Number 739, the |
|
|
northwest corner of Section Number 1321 and an angle corner of the |
|
|
herein described tract; |
|
|
THENCE, South 89°47'03" West, along the south line of Section |
|
|
Number 162 and the north line of Section Number 739, a distance of |
|
|
1,428.41 feet to a fence corner marking the southwest corner of |
|
|
Section Number 162 and an angle corner of the herein described |
|
|
tract; |
|
|
THENCE, North 00°10'20" West, a distance of 71.90 feet to a |
|
|
fence corner marking the southeast corner of Section Number 1711 |
|
|
and an angle corner of the herein described tract; |
|
|
THENCE, North 80°11'08" West, along the south line of Section |
|
|
Numbers 1711 and 1712, along the north line of Section Numbers 739, |
|
|
1711 and 430, a distance of 11,354.62 feet to a found 5/8-inch iron |
|
|
rod with plastic cap stamped "Howland Survey" marking the northwest |
|
|
corner of Section Number 430, the northeast corner of Section |
|
|
Number 429 and an angle corner of the herein described tract; |
|
|
THENCE, North 80°01'11" West, along the north line of Section |
|
|
Number 429 and the south line of Section Number 1712, a distance of |
|
|
693.31 feet to a point in the centerline of U.S. Highway 83 for the |
|
|
southwest corner of the herein described tract; |
|
|
THENCE, North 05°09'04" West, along the centerline of U.S. |
|
|
Highway 83, a distance of 4,835.30 feet to the POINT OF BEGINNING |
|
|
and containing 3,971.307 acres (172,990,131 square feet) of land. |
|
|
Colorados Tract: Being a tract or parcel containing 2809.853 |
|
|
acres (122,397,204 square feet) of land situated in Webb County, |
|
|
Texas and being the remainder of a called 6,354.8676 acre tract |
|
|
described in deed to Huisache Cattle Company, Ltd. Recorded in |
|
|
Volume 1109, Page, 632 of the Webb County Deed Records (having 7.474 |
|
|
acres (325,559 square feet) within the right-of-way of U.S. Highway |
|
|
83 per right-of-way map of State Highway No.(4) U.S. 83, File Number |
|
|
SP718F - Control 37-10-1), said 2809.853 acres tract being more |
|
|
particularly described by metes and bounds as follows: (Bearings |
|
|
cited herein are based on the Texas State Plane Coordinate System, |
|
|
South Zone, NAD 83, are surface and may be converted to grid |
|
|
applying a combined scale factor of 1.00003144444054) |
|
|
BEGINNING at a fence corner in the west line of Section Number |
|
|
429, the northeast corner of Section Number 431, the southeast |
|
|
corner of Section Number 432, the southwest corner of a 60 foot wide |
|
|
access lane connecting with U.S. Highway 83, an angle corner and |
|
|
POINT OF BEGINNING of the herein described tract; |
|
|
THENCE, North 09°59'17" East, along the east line of Section |
|
|
Number 432 and the west line of Section Number 429, a distance of |
|
|
30.00 feet to a point for corner; |
|
|
THENCE, South 79°48'51" East, along the center of said 60 foot |
|
|
wide access lane, a distance of 5,442.91 feet to a point in the west |
|
|
right-of-way line of U.S. Highway 83 for the northeast corner of the |
|
|
herein described tract; |
|
|
THENCE with the west right-of-way line of U.S. Highway 83 the |
|
|
following seven (7) courses and distances: |
|
|
South 05°07'37" East, a distance of 130.69 feet to a point for |
|
|
corner; |
|
|
South 84°52'23" West, a distance of 100.00 feet to a point for |
|
|
corner; |
|
|
South 05°07'37' East, a distance of 700.00 feet to a point for |
|
|
corner; |
|
|
North 84°52'23" East, a distance of 100.00 feet to a point of |
|
|
corner; |
|
|
South 05°07'37" East, a distance of 300.00 feet to a point for |
|
|
corner; |
|
|
South 84°52'23" West, a distance of 10.00 feet to a point for |
|
|
corner; |
|
|
South 05°07'37" East, a distance of 857.39 feet to a point in |
|
|
the south line of Section 430 and the north line of Section Number |
|
|
427 for corner; |
|
|
THENCE, South 80°03'43" East, along the south line of Section |
|
|
430 and the north line of Section Number 427, a distance of 113.92 |
|
|
feet to a point in the east right-of-way line of U.S. Highway 83 for |
|
|
corner; |
|
|
THENCE with the east right-of-way line of U.S. Highway 83 the |
|
|
following five (5) courses and distances: |
|
|
South 05°07'37" East, a distance of 1,213.00 feet to a point |
|
|
for corner; |
|
|
North 84°52'23" East, a distance of 100.00 feet to a point for |
|
|
corner; |
|
|
South 05°07'37" East, a distance of 600.00 feet to a point for |
|
|
corner; |
|
|
South 84°52'23" West, a distance of 100.00 feet to a point for |
|
|
corner; |
|
|
South 05°07'37" East, a distance of 509.15 feet to a point of |
|
|
intersection with the east line of Section Number 427 and the west |
|
|
line of Section Number 428 for corner; |
|
|
THENCE, South 09°56'17" West, crossing U.S. Highway 83 with |
|
|
the east line of Section Number 427 and the west line of Section |
|
|
Number 428, a distance of 384.74 feet to a point in the west |
|
|
right-of-way line of U.S. Highway 83 for corner; |
|
|
THENCE with the west right-of-way line of U.S. Highway 83 the |
|
|
following five (5) courses and distances: |
|
|
South 05°07'37" East, a distance of 3,709.34 feet to a point |
|
|
for corner; |
|
|
South 84°52'23" West, a distance of 200.00 feet to a point for |
|
|
corner; |
|
|
South 05°07'37" East, a distance of 20.00 feet to a point for |
|
|
corner; |
|
|
North 84°52'23" East, a distance of 200.00 feet to a point for |
|
|
corner; |
|
|
South 05°14'13" East, a distance of 1,851.67 feet to a point |
|
|
in the north right-of-way line of State Highway 255 (Camino |
|
|
Colombia Toll Road) for the southeast corner of the herein |
|
|
described tract; |
|
|
THENCE with the north right-of-way line of State Highway 255 |
|
|
(Camino Colombia Toll Road) the following three (3) courses and |
|
|
distances: |
|
|
South 66°09'45" West, a distance of 1,170.41 feet to a point |
|
|
for corner; |
|
|
South 69°13'50" West, a distance of 5,500.00 feet to a point |
|
|
for corner; |
|
|
South 73°38'56" West, a distance of 1009.82 feet to a point in |
|
|
the west right-of-way line of Jefferies Road (40 foot wide) for the |
|
|
southwest corner of the herein described tract; |
|
|
THENCE, North 21°46'40" West, along the west right-of-way |
|
|
line of Jefferies Road, a distance of 2,101.65 feet to a point for |
|
|
corner; |
|
|
THENCE, North 21°46'40" West, continuing along the west |
|
|
right-of-way line of Jefferies Road, a distance of 5,282.14 feet to |
|
|
a point for corner; |
|
|
THENCE, North 21°44'42" West, a distance of 39.79 feet to a |
|
|
point for corner; |
|
|
THENCE, North 68°10'39" East, a distance of 41.03 feet to a |
|
|
point for corner; |
|
|
THENCE, North 21°15'49" West, a distance of 5,690.77 feet to a |
|
|
fence corner in the west line of Section 431 and for the southeast |
|
|
corner of Section Number 433, the northeast corner of Section |
|
|
Number 437, the most southerly corner of Section Number 2148, and an |
|
|
angle corner of the herein described tract; |
|
|
THENCE, North 10°08'29" East, along the east line of Section |
|
|
Number 2148 and the west line of Section Number 431, a distance of |
|
|
2,654.82 feet to a point for corner; |
|
|
THENCE, South 79°44'21" East, along the south line of Section |
|
|
Number 432 and the north line of Section Number 431, a distance of |
|
|
2,670.37 feet to a point for corner; |
|
|
THENCE, South 79°55'39" East, continuing along the south line |
|
|
of Section Number 432 and the north line of Section Number 431, a |
|
|
distance of 2,621.70 feet to the POINT OF BEGINNING and containing |
|
|
2809.853 acres (122,397,204 square feet) of land. |
|
|
Mary Kay Tract: Being a tract or parcel containing 2,828.368 |
|
|
acres (123,203,717 square feet) of land situated in Webb County, |
|
|
Texas and being all of a called 2,827.868 acre tract described in |
|
|
deed to Simeon Escondido, LLC recorded in Volume 5058, Page, 145 of |
|
|
the Official Public Records of Webb County (having 8.764 acres |
|
|
(381,751 square feet) within the right-of-way of U.S. Highway 83 |
|
|
per right-of-way map of State Highway No.(4) U.S. 83, File Number |
|
|
SP718F - Control 37-10-1), said 2,828.37 acres tract being more |
|
|
particularly described by metes and bounds as follows: (Bearings |
|
|
cited herein are based on the Texas State Plane Coordinate System, |
|
|
South Zone, NAD 83, are surface and may be converted to grid |
|
|
applying a combined scale factor of 1.00003144444054) |
|
|
BEGINNING at a fence corner marking the northwest corner of a |
|
|
called 2,079.865 acre tract described in deed to Huisache Cattle |
|
|
Company, Ltd. recorded in Volume 166, Page 832 of the Webb County |
|
|
Deed Records and the northwest corner of Section Number 365; |
|
|
THENCE, North 89°46'52" East, a distance of 4,226.45 feet to a |
|
|
fence corner marking the northeast corner of Section Number 365; |
|
|
THENCE, North 00°15'28" West, a distance of 1,766.62 feet to a |
|
|
found 1/2-inch iron rod marking the northwest corner of Section |
|
|
Number 364; |
|
|
THENCE, North 89°49'03" East, a distance of 6,325.20 feet to a |
|
|
found 1/2-inch iron rod in the west right-of-way line of Missouri |
|
|
Pacific Railway and marking the northwest corner of Section Number |
|
|
364 and the northeast corner of said called 2,079.865 acre tract; |
|
|
THENCE along said west right-of-way line of Missouri Pacific |
|
|
Railway the following three (3) courses and distances: |
|
|
South 15°15'10" West, a distance of 975.41 feet to a fence |
|
|
corner; |
|
|
South 15°22'36" West, a distance of 5,850.97 feet to a fence |
|
|
corner; |
|
|
South 15°14'37" West, a distance of 4,422.42 feet to a found |
|
|
1/2-inch iron rod marking the intersection of said west |
|
|
right-of-way line of Missouri Pacific Railway and the north |
|
|
right-of-way line of Webb Road (variable width) marking the |
|
|
southeast corner of said called 2,079.865 acre tract; |
|
|
THENCE along said north right-of-way line of Webb Road the |
|
|
following sixteen (16) courses and distances: |
|
|
South 89°09'29" West, a distance of 1,193.75 feet to a point |
|
|
for corner; |
|
|
North 58°07'19" West, a distance of 103.62 feet to a point for |
|
|
corner; |
|
|
South 89°39'12" West, a distance of 2,146.38 feet to a point |
|
|
for corner; |
|
|
North 50°14'54" West, a distance of 17.15 feet to a point for |
|
|
corner; |
|
|
North 66°50'21" West, a distance of 190.16 feet to a point for |
|
|
corner; |
|
|
North 61°02'47" West, a distance of 784.40 feet to a point for |
|
|
corner; |
|
|
North 59°54'12" West, a distance of 852.49 feet to a point for |
|
|
corner; |
|
|
North 55°19'56" West, a distance of 298.30 feet to a point for |
|
|
corner; |
|
|
North 85°28'43" West, a distance of 130.46 feet to a point for |
|
|
corner; |
|
|
South 82°11'14" West, a distance of 370.50 feet to a point for |
|
|
corner; |
|
|
North 86°09'22" West, a distance of 93.50 feet to a point for |
|
|
corner; |
|
|
North 78°36'04" West, a distance of 493.77 feet to a point for |
|
|
corner; |
|
|
North 71°50'14" West, a distance of 76.42 feet to a point for |
|
|
corner; |
|
|
North 61°10'29" West, a distance of 446.90 feet to a point for |
|
|
corner; |
|
|
North 47°43'13" West, a distance of 623.92 feet to a fence |
|
|
corner; |
|
|
North 86°18'49" West, a distance of 1,355.92 feet to a point |
|
|
in an east line of a called 748.003 acre tract described in deed to |
|
|
Huisache Cattle Company, Ltd. recorded in Volume 166, Page 832 of |
|
|
the Webb County Deed Records and the southwest corner of said called |
|
|
2,079.865 acre tract; |
|
|
THENCE, South 02°36'57" West, over and across said Webb Road, |
|
|
a distance of 47.72 feet to a point in the south right-of-way line |
|
|
of said Webb Road; |
|
|
THENCE along said south right-of-way line of Webb Road the |
|
|
following three (3) courses and distances: |
|
|
North 80°08'21" West, a distance of 1,032.58 feet; |
|
|
North 80°13'29" West, a distance of 32.50 feet; |
|
|
North 73°38'40" West, a distance of 3,821.11 feet to a point |
|
|
for the intersection of said Webb Road and the centerline of U.S. |
|
|
Highway 83 (variable width) for the southwest corner of said called |
|
|
748.003 acre tract; |
|
|
THENCE, North 05°10'00" West, along said centerline of U.S. |
|
|
Highway 83, a distance of 5,896.54 feet to a point for the northwest |
|
|
corner of said called 748.003 acre tract; |
|
|
THENCE, South 80°01'13" East, a distance of 6,230.95 feet to a |
|
|
fence corner; |
|
|
THENCE, North 08°49'51" East, a distance of 1,159.98 feet to |
|
|
the POINT OF BEGINNING and containing 2,828.368 acres (123,203,717 |
|
|
square feet) of land. |
|
|
Webb Tract: Being a tract or parcel containing 1,696.848 |
|
|
acres (73,914,677 square feet) of land situated in Webb County, |
|
|
Texas and being out of and a part of a called 1,822.50 acre tract |
|
|
described in deed to Huisache Cattle Company, Ltd. recorded in |
|
|
Volume 841, Page, 814 of the Webb County Deed Records, said |
|
|
1,696.848 acres tract being more particularly described by metes |
|
|
and bounds as follows: (Bearings cited herein are based on the Texas |
|
|
State Plane Coordinate System, South Zone, NAD 83, are surface and |
|
|
may be converted to grid applying a combined scale factor of |
|
|
1.00003144444054) |
|
|
BEGINNING at a fence corner marking the common corners of |
|
|
Section Number 362, 363, 1606, 1593 and an angle corner of the |
|
|
herein described tract; |
|
|
THENCE, North 89°25'08" West, a distance of 1,318.28 feet to a |
|
|
found 1/2-inch iron rod in the east right-of-way line of Interstate |
|
|
Highway 35 (variable width) marking the southwest corner of the |
|
|
herein described tract; |
|
|
THENCE with said east right-of-way line of Interstate Highway |
|
|
35 the following nine (9) courses and distances: |
|
|
North 12°32'12" East, a distance of 1,260.55 feet to a fence |
|
|
post for corner and beginning of a curve to the left; |
|
|
Northeasterly, along a non-tangent curve to the left, having |
|
|
a radius of 1,948.57 feet, with an arc length of 422.06 feet, a |
|
|
chord bearing and distance of North 06°18'36" East, 421.24 feet to a |
|
|
fence post for corner; |
|
|
North 00°00'40" East, a distance of 296.40 feet to a fence |
|
|
post for corner; |
|
|
North 66°59'21" East, a distance of 40.19 feet to a fence post |
|
|
for corner; |
|
|
North 12°08'53" East, a distance of 70.85 feet to a fence post |
|
|
for corner; |
|
|
North 48°56'46" West, a distance of 64.62 feet to a fence post |
|
|
for corner and the beginning of a curve to the right; |
|
|
Northeasterly, along a non-tangent curve to the right, having |
|
|
a radius of 1,888.99 feet, with an arc length of 374.29 feet, a |
|
|
chord bearing and distance of North 09°43'00" East, 373.68 feet to a |
|
|
fence post for corner; |
|
|
North 15°17'07" East, a distance of 610.18 feet to a fence |
|
|
post for corner; |
|
|
North 15°18'24" East, a distance of 495.69 feet to a fence |
|
|
post for the northwest corner of the herein described tract; |
|
|
THENCE, North 89°29'54" East, a distance of 15,726.16 feet to |
|
|
a fence post for the northeast corner of the herein described tract; |
|
|
THENCE, South 00°32'58" East, a distance of 1,914.30 feet to a |
|
|
fence post for corner; |
|
|
THENCE, South 89°29'51" West, a distance of 6,231.04 feet to a |
|
|
fence post for corner; |
|
|
THENCE, South 00°12'48" East, a distance of 5,187.59 feet to a |
|
|
fence post for the southeast corner of Section Number 1963 and the |
|
|
herein described tract; |
|
|
THENCE, North 89°46'59" West, a distance of 1,927.01 feet to a |
|
|
fence post for corner; |
|
|
THENCE, South 00°26'24" East, a distance of 187.62 feet to a |
|
|
fence post for corner; |
|
|
THENCE, North 89°57'49" West, a distance of 1,596.00 feet to a |
|
|
fence post for corner; |
|
|
THENCE, North 69°14'50" West, a distance of 5,746.17 feet to a |
|
|
fence post for corner; |
|
|
THENCE, North 00°05'46" East, a distance of 1,640.56 feet to |
|
|
the POINT OF BEGINNING and containing 1,696.848 acres (73,914,677 |
|
|
square feet) of land. |
|
|
SECTION 4. The Legacy Municipal Management District retains |
|
|
all rights, powers, privileges, authority, duties, and functions |
|
|
that the Legacy Water Control and Improvement District had before |
|
|
the effective date of this Act, except as otherwise expressly |
|
|
provided by Chapter 4008, Special District Local Laws Code, as |
|
|
added by this Act. |
|
|
SECTION 5. (a) The legislature validates and confirms all |
|
|
governmental acts and proceedings of the Legacy Water Control and |
|
|
Improvement District that were taken before the effective date of |
|
|
this Act. |
|
|
(b) This section does not apply to any matter that on the |
|
|
effective date of this Act: |
|
|
(1) is involved in litigation if the litigation |
|
|
ultimately results in the matter being held invalid by a final court |
|
|
judgment; or |
|
|
(2) has been held invalid by a final court judgment. |
|
|
SECTION 6. (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 |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act have been |
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fulfilled and accomplished. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 5405 was passed by the House on May |
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12, 2023, by the following vote: Yeas 100, Nays 40, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 5405 on May 26, 2023, by the following vote: Yeas 104, Nays 36, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5405 was passed by the Senate, with |
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amendments, on May 24, 2023, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |
