Bill Text: TX SB2483 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the creation of Plum Creek Management District No. 1 of Liberty County; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2019-04-23 - Committee report printed and distributed [SB2483 Detail]
Download: Texas-2019-SB2483-Comm_Sub.html
By: Nichols | S.B. No. 2483 | |
(In the Senate - Filed March 27, 2019; March 27, 2019, read | ||
first time and referred to Committee on Intergovernmental | ||
Relations; April 23, 2019, reported favorably by the following | ||
vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.) | ||
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relating to the creation of Plum Creek Management District No. 1 of | ||
Liberty County; providing authority to issue bonds; providing | ||
authority to impose assessments, fees, or taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3982 to read as follows: | ||
CHAPTER 3982. PLUM CREEK MANAGEMENT DISTRICT NO. 1 OF LIBERTY | ||
COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3982.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "County" means Liberty County. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Plum Creek Management | ||
District No. 1 of Liberty County. | ||
Sec. 3982.0102. NATURE OF DISTRICT. The district is a | ||
special district created under Section 59, Article XVI, Texas | ||
Constitution. | ||
Sec. 3982.0103. PURPOSE; DECLARATION OF INTENT. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. By creating the district and in authorizing the county and | ||
other political subdivisions to contract with the district, the | ||
legislature has established a program to accomplish the public | ||
purposes set out in Section 52-a, Article III, Texas Constitution. | ||
(b) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
(c) This chapter and the creation of the district may not be | ||
interpreted to relieve the county from providing the level of | ||
services provided as of the effective date of the Act enacting this | ||
chapter to the area in the district. The district is created to | ||
supplement and not to supplant county services provided in the | ||
district. | ||
Sec. 3982.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
(a) The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||
other powers granted under this chapter. | ||
(c) The creation of the district is in the public interest | ||
and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; and | ||
(3) developing or expanding transportation and | ||
commerce. | ||
(d) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business center; | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty; | ||
and | ||
(4) provide for water, wastewater, drainage, road, | ||
transportation, and recreational facilities for the district. | ||
(e) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(f) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3982.0105. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bonds for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on the bonds; | ||
(3) right to impose or collect an assessment or tax; or | ||
(4) legality or operation. | ||
Sec. 3982.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code; | ||
(3) an enterprise zone created under Chapter 2303, | ||
Government Code; or | ||
(4) an industrial district created under Chapter 42, | ||
Local Government Code. | ||
Sec. 3982.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3982.0108. CONSTRUCTION OF CHAPTER. This chapter | ||
shall be liberally construed in conformity with the findings and | ||
purposes stated in this chapter. | ||
Sec. 3982.0109. CONFLICTS OF LAW. This chapter prevails | ||
over any provision of general law, including a provision of Chapter | ||
375, Local Government Code, or Chapter 49, Water Code, that is in | ||
conflict or inconsistent with this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3982.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five directors elected or appointed as | ||
provided by this chapter and Subchapter D, Chapter 49, Water Code. | ||
(b) Except as provided by Section 3982.0204, directors | ||
serve staggered four-year terms. | ||
Sec. 3982.0202. QUORUM. For purposes of determining the | ||
requirements for a quorum of the board, the following are not | ||
counted: | ||
(1) a board position vacant for any reason, including | ||
death, resignation, or disqualification; or | ||
(2) a director who is abstaining from participation in | ||
a vote because of a conflict of interest. | ||
Sec. 3982.0203. COMPENSATION. A director is entitled to | ||
receive fees of office and reimbursement for actual expenses as | ||
provided by Section 49.060, Water Code. Sections 375.069 and | ||
375.070, Local Government Code, do not apply to the board. | ||
Sec. 3982.0204. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Alison Henderson; | ||
(2) Emily Lewis; | ||
(3) Vanessa Loftus; | ||
(4) Courtney Lundquist; and | ||
(5) Elizabeth Canfield. | ||
(b) The temporary or successor temporary directors shall | ||
hold an election to elect five permanent directors as provided by | ||
Section 49.102, Water Code. | ||
(c) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Subsection (b); or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(d) If permanent directors have not been elected under | ||
Subsection (b) and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (e) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Subsection (b); or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(e) If Subsection (d) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the Texas Commission on Environmental | ||
Quality requesting that the commission appoint as successor | ||
temporary directors the five persons named in the petition. The | ||
commission shall appoint as successor temporary directors the five | ||
persons named in the petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3982.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3982.0302. IMPROVEMENT PROJECTS AND SERVICES. | ||
(a) The district may provide, design, construct, acquire, | ||
improve, relocate, operate, maintain, or finance an improvement | ||
project or service using money available to the district, or | ||
contract with a governmental or private entity to provide, design, | ||
construct, acquire, improve, relocate, operate, maintain, or | ||
finance an improvement project or service authorized under this | ||
chapter or under Chapter 375, Local Government Code. | ||
(b) An improvement project described by Subsection (a) may | ||
be located inside or outside the district. | ||
Sec. 3982.0303. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may own, operate, | ||
maintain, design, acquire, construct, finance, issue bonds, notes, | ||
or other obligations for, improve, and convey to this state, a | ||
county, or a municipality for ownership, operation, and maintenance | ||
macadamized, graveled, or paved roads or improvements, including | ||
storm drainage, in aid of those roads. | ||
Sec. 3982.0304. CONVEYANCE AND APPROVAL OF ROAD PROJECT. | ||
(a) The district may convey a road project authorized by Section | ||
3982.0303 to: | ||
(1) a municipality or county that will operate and | ||
maintain the road if the municipality or county has approved the | ||
plans and specifications of the road project; or | ||
(2) the state if the state will operate and maintain | ||
the road and the Texas Transportation Commission has approved the | ||
plans and specifications of the road project. | ||
(b) Except as provided by Subsection (c), the district shall | ||
operate and maintain a road project authorized by Section 3982.0303 | ||
that the district implements and does not convey to a municipality, | ||
a county, or this state under Subsection (a). | ||
(c) The district may agree in writing with a municipality, a | ||
county, or this state to assign operation and maintenance duties to | ||
the district, the municipality, the county, or this state in a | ||
manner other than the manner described in Subsections (a) and (b). | ||
Sec. 3982.0305. DEVELOPMENT CORPORATION POWERS. The | ||
district, using money available to the district, may exercise the | ||
powers given to a development corporation under Chapter 505, Local | ||
Government Code, including the power to own, operate, acquire, | ||
construct, lease, improve, or maintain a project under that | ||
chapter. | ||
Sec. 3982.0306. NONPROFIT CORPORATION. (a) The board by | ||
resolution may authorize the creation of a nonprofit corporation to | ||
assist and act for the district in implementing a project or | ||
providing a service authorized by this chapter. | ||
(b) The nonprofit corporation: | ||
(1) has each power of and is considered to be a local | ||
government corporation created under Subchapter D, Chapter 431, | ||
Transportation Code; and | ||
(2) may implement any project and provide any service | ||
authorized by this chapter. | ||
(c) The board shall appoint the board of directors of the | ||
nonprofit corporation. The board of directors of the nonprofit | ||
corporation shall serve in the same manner as the board of directors | ||
of a local government corporation created under Subchapter D, | ||
Chapter 431, Transportation Code, except that a board member is not | ||
required to reside in the district. | ||
Sec. 3982.0307. AGREEMENTS; GRANTS. (a) As provided by | ||
Chapter 375, Local Government Code, the district may make an | ||
agreement with or accept a gift, grant, or loan from any person. | ||
(b) The implementation of a project is a governmental | ||
function or service for the purposes of Chapter 791, Government | ||
Code. | ||
Sec. 3982.0308. LAW ENFORCEMENT SERVICES. To protect the | ||
public interest, the district may contract with a qualified party, | ||
including the county, to provide law enforcement services in the | ||
district. | ||
Sec. 3982.0309. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. | ||
The district may join and pay dues to a charitable or nonprofit | ||
organization that performs a service or provides an activity | ||
consistent with the furtherance of a district purpose. | ||
Sec. 3982.0310. ECONOMIC DEVELOPMENT. (a) The district | ||
may engage in activities that accomplish the economic development | ||
purposes of the district. | ||
(b) The district may establish and provide for the | ||
administration of one or more programs to promote state or local | ||
economic development and to stimulate business and commercial | ||
activity in the district, including programs to: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(c) The district may create economic development programs | ||
and exercise the economic development powers provided to | ||
municipalities by: | ||
(1) Chapter 380, Local Government Code; and | ||
(2) Subchapter A, Chapter 1509, Government Code. | ||
Sec. 3982.0311. PARKING FACILITIES. (a) The district may | ||
acquire, lease as lessor or lessee, construct, develop, own, | ||
operate, and maintain parking facilities or a system of parking | ||
facilities, including lots, garages, parking terminals, or other | ||
structures or accommodations for parking motor vehicles off the | ||
streets and related appurtenances. | ||
(b) The district's parking facilities serve the public | ||
purposes of the district and are owned, used, and held for a public | ||
purpose even if leased or operated by a private entity for a term of | ||
years. | ||
(c) The district's parking facilities are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(d) The development and operation of the district's parking | ||
facilities may be considered an economic development program. | ||
Sec. 3982.0312. NO TOLL ROADS. The district may not | ||
construct, acquire, maintain, or operate a toll road. | ||
Sec. 3982.0313. RAIL FACILITIES. The district may | ||
construct, acquire, improve, maintain, and operate rail facilities | ||
and improvements in aid of those facilities. | ||
Sec. 3982.0314. RURAL PUBLIC TRANSPORTATION POWERS. | ||
(a) The district may provide and coordinate rural public | ||
transportation in its territory in the manner provided by Sections | ||
458.010 and 458.011, Transportation Code, for a rural transit | ||
district. | ||
(b) Section 458.012(a), Transportation Code, does not apply | ||
to the operations of the district under Subsection (a). | ||
Sec. 3982.0315. ANNEXATION OR EXCLUSION OF LAND. (a) The | ||
district may annex land as provided by Subchapter J, Chapter 49, | ||
Water Code. | ||
(b) The district may exclude land as provided by Subchapter | ||
J, Chapter 49, Water Code. Section 375.044(b), Local Government | ||
Code, does not apply to the district. | ||
Sec. 3982.0316. DIVISION OF DISTRICT. (a) The district | ||
may be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may, at the time the new district is created, contain only: | ||
(1) land within the area described by Section 2 of the | ||
Act enacting this chapter; or | ||
(2) any land adjacent to the area described by Section | ||
2 of the Act enacting this chapter if that adjacent land is: | ||
(A) not within the extraterritorial jurisdiction | ||
of a municipality; or | ||
(B) within the extraterritorial jurisdiction of | ||
a municipality and that adjacent land has been approved for | ||
inclusion in the district under an ordinance or resolution adopted | ||
by the municipality consenting to the inclusion. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
3982.0204 to elect the district's permanent directors. | ||
(f) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the Texas Commission on Environmental Quality and record the | ||
order in the real property records of each county in which the | ||
district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a permanent directors' election as required by Section | ||
3982.0204. | ||
(i) Municipal consent by a municipality is not required for | ||
the creation of any new district created under this section. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes or sales and | ||
use taxes. | ||
(k) If the voters of a new district do not confirm the | ||
creation of the new district, the assets, obligations, territory, | ||
and governance of the new district revert to that of the original | ||
district. | ||
Sec. 3982.0317. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3982.0401. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of district money. | ||
Sec. 3982.0402. MONEY USED FOR IMPROVEMENTS OR SERVICES. | ||
The district may acquire, construct, finance, operate, or maintain | ||
any improvement or service authorized under this chapter or Chapter | ||
375, Local Government Code, using any money available to the | ||
district. | ||
Sec. 3982.0403. PETITION REQUIRED FOR FINANCING SERVICES | ||
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance | ||
a service or improvement project with assessments under this | ||
chapter unless a written petition requesting that service or | ||
improvement has been filed with the board. | ||
(b) A petition filed under Subsection (a) must be signed by | ||
the owners of a majority of the assessed value of real property in | ||
the district subject to assessment according to the most recent | ||
certified tax appraisal roll for the county. | ||
Sec. 3982.0404. ASSESSMENTS; LIENS FOR ASSESSMENTS. | ||
(a) The board by resolution may impose and collect an assessment | ||
for any purpose authorized by this chapter in all or any part of the | ||
district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(d) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 3982.0405. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to a tax authorized | ||
or approved by the voters of the district or a required payment for | ||
a service provided by the district, including water and sewer | ||
services. | ||
Sec. 3982.0406. COMPETITIVE BIDDING. Subchapter I, Chapter | ||
49, Water Code, applies to the district. Sections 375.221 and | ||
375.223, Local Government Code, do not apply to the district. | ||
Sec. 3982.0407. TAX AND ASSESSMENT ABATEMENTS. The | ||
district may designate reinvestment zones and may grant abatements | ||
of district taxes or assessments on property in the zones. | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3982.0501. ELECTIONS REGARDING TAXES AND BONDS. | ||
(a) The district may issue, without an election, bonds, notes, and | ||
other obligations secured by: | ||
(1) revenue other than ad valorem taxes or sales and | ||
use taxes; or | ||
(2) contract payments described by Section 3982.0503. | ||
(b) The district must hold an election in the manner | ||
provided by Subchapter L, Chapter 375, Local Government Code, to | ||
obtain voter approval before the district may impose an ad valorem | ||
tax or issue bonds payable from ad valorem taxes. | ||
(c) Section 375.243, Local Government Code, does not apply | ||
to the district. | ||
(d) All or any part of any facilities or improvements that | ||
may be acquired by a district by the issuance of its bonds may be | ||
submitted as a single proposition or as several propositions to be | ||
voted on at the election. | ||
Sec. 3982.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election held in accordance with Section 3982.0501, the district | ||
may impose an operation and maintenance tax on taxable property in | ||
the district in accordance with Section 49.107, Water Code, for any | ||
district purpose, including to: | ||
(1) maintain and operate the district; | ||
(2) construct or acquire improvements; or | ||
(3) provide a service. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
(c) Section 49.107(h), Water Code, does not apply to the | ||
district. | ||
Sec. 3982.0503. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
Sec. 3982.0504. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on | ||
terms determined by the board. Section 375.205, Local Government | ||
Code, does not apply to a loan, line of credit, or other borrowing | ||
from a bank or financial institution secured by revenue other than | ||
ad valorem taxes. | ||
(b) The district may issue bonds, notes, or other | ||
obligations payable wholly or partly from ad valorem taxes, | ||
assessments, impact fees, revenue, contract payments, grants, or | ||
other district money, or any combination of those sources of money, | ||
to pay for any authorized district purpose. | ||
Sec. 3982.0505. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct annual ad valorem tax, without limit as to rate or amount, | ||
for each year that all or part of the bonds are outstanding as | ||
required and in the manner provided by Sections 54.601 and 54.602, | ||
Water Code. | ||
Sec. 3982.0506. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SUBCHAPTER F. SALES AND USE TAX | ||
Sec. 3982.0601. APPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, | ||
computation, administration, enforcement, and collection of the | ||
sales and use tax authorized by this subchapter except to the extent | ||
Chapter 321, Tax Code, is inconsistent with this chapter. | ||
(b) A reference in Chapter 321, Tax Code, to a municipality | ||
or the governing body of a municipality is a reference to the | ||
district or the board, respectively. | ||
Sec. 3982.0602. ELECTION; ADOPTION OF TAX. (a) The | ||
district may adopt a sales and use tax if authorized by a majority | ||
of the voters of the district voting at an election held for that | ||
purpose. | ||
(b) The board by order may call an election to authorize the | ||
adoption of the sales and use tax. The election may be held on any | ||
uniform election date and in conjunction with any other district | ||
election. | ||
(c) The ballot shall be printed to provide for voting for or | ||
against the proposition: "Authorization of a sales and use tax in | ||
the Plum Creek Management District No. 1 of Liberty County at a rate | ||
not to exceed ____ percent" (insert rate of one or more increments | ||
of one-eighth of one percent). | ||
Sec. 3982.0603. SALES AND USE TAX RATE. (a) On or after | ||
the date the results are declared of an election held under Section | ||
3982.0602, at which the voters approved imposition of the tax | ||
authorized by this subchapter, the board shall determine and adopt | ||
by resolution or order the initial rate of the tax, which must be in | ||
one or more increments of one-eighth of one percent. | ||
(b) After the election held under Section 3982.0602, the | ||
board may increase or decrease the rate of the tax by one or more | ||
increments of one-eighth of one percent. | ||
(c) The initial rate of the tax or any rate resulting from | ||
subsequent increases or decreases may not exceed the lesser of: | ||
(1) the maximum rate authorized by the district voters | ||
at the election held under Section 3982.0602; or | ||
(2) a rate that, when added to the rates of all sales | ||
and use taxes imposed by other political subdivisions with | ||
territory in the district, would result in the maximum combined | ||
rate prescribed by Section 321.101(f), Tax Code, at any location in | ||
the district. | ||
Sec. 3982.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This | ||
section applies to the district after a municipality annexes part | ||
of the territory in the district and imposes the municipality's | ||
sales and use tax in the annexed territory. | ||
(b) If at the time of annexation the district has | ||
outstanding debt or other obligations payable wholly or partly from | ||
district sales and use tax revenue, Section 321.102(g), Tax Code, | ||
applies to the district. | ||
(c) If at the time of annexation the district does not have | ||
outstanding debt or other obligations payable wholly or partly from | ||
district sales and use tax revenue, the district may exclude the | ||
annexed territory from the district, if the district has no | ||
outstanding debt or other obligations payable from any source. | ||
Sec. 3982.0605. NOTIFICATION OF RATE CHANGE. The board | ||
shall notify the comptroller of any changes made to the tax rate | ||
under this subchapter in the same manner the municipal secretary | ||
provides notice to the comptroller under Section 321.405(b), Tax | ||
Code. | ||
Sec. 3982.0606. USE OF REVENUE. Revenue from the sales and | ||
use tax imposed under this subchapter is for the use and benefit of | ||
the district and may be used for any district purpose. The district | ||
may pledge all or part of the revenue to the payment of bonds, | ||
notes, or other obligations, and that pledge of revenue may be in | ||
combination with other revenue, including tax revenue, available to | ||
the district. | ||
Sec. 3982.0607. ABOLITION OF TAX. (a) Except as provided | ||
by Subsection (b), the board may abolish the tax imposed under this | ||
subchapter without an election. | ||
(b) The board may not abolish the tax imposed under this | ||
subchapter if the district has outstanding debt secured by the tax, | ||
and repayment of the debt would be impaired by the abolition of the | ||
tax. | ||
(c) If the board abolishes the tax, the board shall notify | ||
the comptroller of that action in the same manner the municipal | ||
secretary provides notice to the comptroller under Section | ||
321.405(b), Tax Code. | ||
(d) If the board abolishes the tax or decreases the tax rate | ||
to zero, a new election to authorize a sales and use tax must be held | ||
under Section 3982.0602 before the district may subsequently impose | ||
the tax. | ||
SUBCHAPTER G. DEFINED AREAS | ||
Sec. 3982.0701. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||
DESIGNATED PROPERTY. The district may define areas or designate | ||
certain property of the district to pay for improvements, | ||
facilities, or services that primarily benefit that area or | ||
property and do not generally and directly benefit the district as a | ||
whole. | ||
Sec. 3982.0702. PROCEDURE FOR ELECTION. (a) Before the | ||
district may impose an ad valorem tax or issue bonds payable from ad | ||
valorem taxes of the defined area or designated property, the board | ||
shall hold an election in the defined area or in the designated | ||
property only. | ||
(b) The board may submit the issues to the voters on the same | ||
ballot to be used in another election. | ||
Sec. 3982.0703. DECLARING RESULT AND ISSUING ORDER. | ||
(a) If a majority of the voters voting at the election approve the | ||
proposition or propositions, the board shall declare the results | ||
and, by order, shall establish the defined area and describe it by | ||
metes and bounds or designate the specific property. | ||
(b) A court may not review the board's order except on the | ||
ground of fraud, palpable error, or arbitrary and confiscatory | ||
abuse of discretion. | ||
Sec. 3982.0704. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||
approval and adoption of the order described by Section 3982.0703, | ||
the district may apply separately, differently, equitably, and | ||
specifically its taxing power and lien authority to the defined | ||
area or designated property to provide money to construct, | ||
administer, maintain, and operate services, improvements, and | ||
facilities that primarily benefit the defined area or designated | ||
property. | ||
Sec. 3982.0705. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||
DESIGNATED PROPERTY. After the order under Section 3982.0703 is | ||
adopted, the district may issue bonds to provide for any land, | ||
improvements, facilities, plants, equipment, and appliances for | ||
the defined area or designated property. | ||
Sec. 3982.0706. ADDITION OR EXCLUSION OF LAND IN DEFINED | ||
AREA. The district may add or exclude land from the defined areas | ||
in the same manner the district may add or exclude land from the | ||
district. | ||
SECTION 2. The Plum Creek Management District No. 1 of | ||
Liberty County initially includes all territory contained in the | ||
following area: | ||
Being 2,774.31 acres of land situated in the James T. Dunman | ||
Survey, Abstract 167, the Willis McWilkinson Survey, Abstract 318, | ||
the H.T. & B. R.R. Co. Survey, Section 15, Abstract, the H.T. & B. | ||
R.R. Co. Survey, Section 14-1/2 also known as the W.R. Searcy | ||
Survey, Abstract 792, the H.T. & B. R.R. Co. Survey, Section 13-1/2, | ||
Abstract 635, the W. McWilkinson Survey, Abstract 317, the Charles | ||
Smith Survey, Abstract 350, the B.B.B. & C. Survey, Abstract 152, | ||
the James Darwin Survey, Abstract 176, the William H.B. Witham | ||
Survey, Abstract 395 and the Edward King Survey, Abstract 56 of | ||
Liberty County, Texas; being part of a called 7,750.32 acre tract | ||
conveyed to HF Houston Green Land, L.P. by Special Warranty Deed | ||
recorded under Clerk's File No. 2006-008098 of the Liberty County | ||
Official Public Records of Real Property; said 2,774.31 acres being | ||
part of a called 8,673.34 acre tract described in Certificate for | ||
Order Adding Land and Redefining Boundaries, document of which is | ||
recorded in Clerk's File No. 2009-115395 of the Montgomery County | ||
Official Public Records of Real Property and in Clerk's File | ||
No. 2009018027 of the Official Public Records of Liberty County, | ||
Texas; said 2,774.31 acres being comprised of three separate | ||
tracts, and more particularly described by the following metes and | ||
bounds, with all bearings being based on the calls of said 8,673.34 | ||
acre tract; | ||
Tract 1 - 1,578.64 Acres | ||
COMMENCING at the most northerly northwest corner of a called | ||
1,122.98 acre parcel conveyed to HF Houston Green Land, L.P. by | ||
Special Warranty Deed recorded under Clerk's File No. 2006-119940 | ||
of the Montgomery County Official Public Records of Real Property, | ||
same being the most northerly northwest corner of said 8,673.34 | ||
acre parcel; | ||
THENCE, North 87 degrees 33 minutes 40 seconds East, 451.90 | ||
feet along a northerly line of said 1,122.98 acre tract to an angle | ||
point in the northerly line of said 1,122.98 acre parcel; | ||
THENCE, North 87 degrees 05 minutes 50 seconds East, 2613.76 | ||
feet along a northerly line of said 1,122.98 acre tract, to an angle | ||
point in the northerly line of said 1,122.98 acre parcel; | ||
THENCE, North 87 degrees 09 minutes 40 seconds East, 399.30 | ||
feet along the north line of said 1,122.98 acre parcel and | ||
continuing along the north line of said 7,550.32 acre tract to a | ||
point for the northwest corner of a called 4,394.368 acre tract | ||
described in Special Warranty Deed recorded in Clerk's File | ||
No. 2016013974 of the Official Public Records of Liberty County, | ||
Texas; | ||
THENCE, along the common line of the remainder of said | ||
7,550.32 acre parcel and said adjoining 4,394.368 acre parcel, the | ||
following nine (9) courses and distances: | ||
1. South 05 degrees 07 minutes 37 seconds East, a distance | ||
of 85.52 feet to an angle point; | ||
2. South 06 degrees 55 minutes 52 seconds East, a distance | ||
of 1,062.76 feet to an angle point; | ||
3. South 16 degrees 56 minutes 21 seconds East, a distance | ||
of 421.03 feet to an angle point; | ||
4. South 25 degrees 57 minutes 46 seconds East, a distance | ||
of 451.32 feet to a point, beginning a curve to the right; | ||
5. With said curve to the right, having a central angle of 43 | ||
degrees 59 minutes 15 seconds, an arc length of 383.86 feet, a | ||
radius of 500.00 feet, and a chord bearing South 03 degrees 58 | ||
minutes 09 seconds East, 374.51 feet to a point; | ||
6. South 18 degrees 01 minute 29 seconds West, a distance of | ||
800.07 feet; | ||
7. South 20 degrees 09 minutes 01 second East, a distance of | ||
1,051.41 feet to the POINT OF BEGINNING and northwest corner of the | ||
herein described parcel, same being the westerly southwest corner | ||
of said adjoining 4,394.368 acre parcel; | ||
8. South 77 degrees 48 Minutes 38 seconds East, a distance | ||
of 12,787.72 feet to a point for the northeast corner of the herein | ||
described tract; | ||
9. South 10 degrees 28 minutes 05 seconds East, a distance | ||
of 6,647.77 feet to a point for the southeast corner of the herein | ||
described parcel and the remainder of said 7,550.32 acre parcel, | ||
same being the southwest corner of said adjoining 4,394.368 acre | ||
parcel; | ||
THENCE, South 87 degrees 49 minutes 10 seconds West along the | ||
south line of the herein described parcel and said 7,550.32 acre | ||
parcel, a distance of 2,580.31 feet to an angle point on said line; | ||
THENCE, South 87 degrees 28 minutes 44 seconds West | ||
continuing along the south line of the herein described parcel and | ||
said 7,550.32 acre parcel, a distance of 2,049.32 feet to a point | ||
for the lower southwest corner of the herein described parcel, | ||
being a point on the extraterritorial jurisdiction line of the City | ||
of Houston, said extraterritorial jurisdiction line being at this | ||
location an arc with a radius of 26,400 feet measured from a point | ||
on the west line of the John R. Rhea Survey, Abstract 62 of Harris | ||
County, located a distance of 2,500 feet north of the southwest | ||
corner of said John R. Rhea Survey, as described in City of Houston | ||
Ordinance No. 65-1905-A passed December 31, 1965 (Area No. 9), | ||
beginning a curve to the left; | ||
THENCE, with said curve to the left in said extraterritorial | ||
jurisdiction line, having a central angle of 05 degrees 16 minutes | ||
12 seconds, an arc length of 2,428.19 feet, a radius of 26,400.00 | ||
feet, and a chord bearing North 69 degrees 04 minutes 40 seconds | ||
West, 2,427.33 feet to a point for corner in a west line of said | ||
7,550.32 acre parcel; | ||
THENCE, North 02 degrees 50 minutes 12 seconds West along the | ||
lower west line of the herein described parcel and said 7,550.32 | ||
acre parcel, a distance of 2,539.52 feet to an angle point on said | ||
line; | ||
THENCE, North 02 degrees 38 minutes 21 seconds West | ||
continuing along the lower west line of the herein described parcel | ||
and said 7,550.32 acre parcel, a distance of 1,209.38 feet to a | ||
reentry point of the herein described parcel; | ||
THENCE, South 87 degrees 44 minutes 33 seconds West along a | ||
southerly line of the herein described parcel and said 7,550.32 | ||
acre parcel, a distance of 4,800.59 feet to a point for corner on | ||
the common line of Liberty County and Harris County, as described on | ||
a map titled "A Resurvey of the Liberty-Montgomery, Liberty Harris | ||
and Montgomery-Harris County Lines" filed for record in Volume 7, | ||
Page 341 of the Montgomery County Deed Records; | ||
THENCE, North 20 degrees 09 minutes 01 seconds West along | ||
said common County Line, a distance of 5,329.52 feet to the POINT OF | ||
BEGINNING, CONTAINING 1,578.64 acres of land, more or less. | ||
Tract 2 - 138.36 Acres | ||
COMMENCING at the most northerly northwest corner of said | ||
1,122.98 acre parcel, same being the most northerly northwest | ||
corner of said 8,673.34 acre parcel; | ||
THENCE, South 71 degrees 45 minutes 13 seconds East, a | ||
distance of 33,168.33 feet to a point for the southeast corner and | ||
POINT OF BEGINNING of the herein described parcel, said point also | ||
being the easternmost southeast corner of a said 7,550.32 acre | ||
parcel; | ||
THENCE, South 87 degrees 51 minutes 07 seconds West along the | ||
lower south line of the herein described parcel, same being the | ||
easternmost upper south line of said 7,550.32 acre parcel, a | ||
distance of 2,339.90 feet to a point for the lower southwest corner | ||
of the herein described tract and the easternmost southwest corner | ||
of said 7,550.32 acre parcel; | ||
THENCE, North 01 degree 59 minutes 09 seconds West along the | ||
west line of the herein described parcel, same being the | ||
easternmost west line of said 7,550.32, a distance of 1,325.35 feet | ||
to a point for reentry corner of the herein described tract; | ||
THENCE, North 77 degrees 54 minutes 20 seconds West along the | ||
upper south line of the herein described tract, same being a | ||
southerly line of said 7,550.32 acre parcel, a distance of 219.24 | ||
feet to an angle point on said line; | ||
THENCE, North 83 degrees 12 minutes 30 seconds West | ||
continuing along the upper south line of the herein described tract | ||
and said southerly line of said 7,550.32 acre parcel, a distance of | ||
422.76 feet to a point in the northerly high bank of Luce Bayou, for | ||
the upper southwest corner of the herein described parcel, said | ||
point also being in the southeast line of the aforementioned | ||
adjoining 4,394.368 acre parcel; | ||
THENCE, along the northerly bank of Luce Bayou, being the | ||
northwest line of the herein described parcel, same being the | ||
southeast line of said adjoining 4,394.368 acre parcel to points at | ||
the following twenty three (23) courses and distances: | ||
1. North 29 degrees 13 minutes 18 seconds East, a distance | ||
of 288.16 feet; | ||
2. North 22 degrees 54 minutes 55 seconds West, a distance | ||
of 25.58 feet; | ||
3. North 44 degrees 22 minutes 41 seconds West, a distance | ||
of 219.92 feet; | ||
4. North 40 degrees 51 minutes 59 seconds East, a distance | ||
of 265.77 feet; | ||
5. North 60 degrees 15 minutes 23 seconds East, a distance | ||
of 589.74 feet; | ||
6. North 76 degrees 20 minutes 59 seconds East, a distance | ||
of 207.09 feet; | ||
7. South 62 degrees 58 minutes 05 seconds East, a distance | ||
of 263.50 feet; | ||
8. South 85 degrees 04 minutes 58 seconds East, a distance | ||
of 129.39 feet; | ||
9. North 39 degrees 15 minutes 32 seconds East, a distance | ||
of 269.90 feet; | ||
10. South 44 degrees 12 minutes 23 seconds East, a distance | ||
of 367.63 feet; | ||
11. North 77 degrees 18 minutes 00 seconds East, a distance | ||
of 128.41 feet; | ||
12. South 15 degrees 35 minutes 40 seconds West, a distance | ||
of 42.57 feet; | ||
13. North 57 degrees 07 minutes 53 seconds East, a distance | ||
of 157.37 feet; | ||
14. South 62 degrees 07 minutes 28 seconds East, a distance | ||
of 105.88 feet; | ||
15. South 86 degrees 07 minutes 23 seconds East, a distance | ||
of 56.96 feet; | ||
16. North 08 degrees 28 minutes 03 seconds East, a distance | ||
of 165.00 feet; | ||
17. North 15 degrees 57 minutes 33 seconds East, a distance | ||
of 180.33 feet; | ||
18. North 81 degrees 29 minutes 31 seconds East, a distance | ||
of 92.83 feet; | ||
19. South 66 degrees 31 minutes 19 seconds East, a distance | ||
of 305.88 feet; | ||
20. North 71 degrees 59 minutes 48 seconds East, a distance | ||
of 90.95 feet; | ||
21. North 15 degrees 03 minutes 20 seconds East, a distance | ||
of 283.46 feet; | ||
22. North 38 degrees 50 minutes 41 seconds East, a distance | ||
of 262.89 feet; | ||
23. South 78 degrees 51 minutes 42 seconds East, a distance | ||
of 94.27 feet to a point for the northeast corner of the herein | ||
described parcel, being the easternmost northeast corner of the | ||
remainder of said 7,550.32 acre parcel, and also being the | ||
southeast corner of the aforementioned adjoining 4,394.368 acre | ||
parcel; | ||
THENCE, South 02 degrees 04 minutes 15 seconds East along the | ||
east line of the herein parcel, same being the east line of said | ||
7,550.32 acre parcel, a distance of 2,860.01 feet to the POINT OF | ||
BEGINNING, CONTAINING 138.36 acres of land, more or less. | ||
Tract 3 - 1,057.31 Acres | ||
COMMENCING at the most northerly northwest corner of said | ||
1,122.98 acre parcel, same being the most northerly northwest | ||
corner of said 8,673.34 acre parcel; | ||
THENCE, South 52 degrees 20 minutes 22 seconds East, a | ||
distance of 32,311.35 feet to a point for the lower southeast corner | ||
and POINT OF BEGINNING of the herein described parcel, said point | ||
also being the southernmost southeast corner of said 7,550.32 acre | ||
parcel; | ||
THENCE, South 87 degrees 56 minutes 51 seconds West along the | ||
south line of the herein described parcel, being the lower south | ||
line of said 7,550.32 acre parcel, a distance of 3,371.57 feet to a | ||
point for the lower southwest corner of the herein described | ||
parcel, being a point on the extraterritorial jurisdiction line of | ||
the City of Houston, said extraterritorial jurisdiction line being | ||
at this location an arc with a radius of 26,400 feet measured from a | ||
point on the west line of the John R. Rhea Survey, Abstract 62 of | ||
Harris County, said point located a distance of 2,500 feet north of | ||
the southwest corner of said John R. Rhea Survey, as described in | ||
City of Houston Ordinance No. 65-1905-A passed December 31, 1965 | ||
(Area No. 9), beginning a curve to the left; | ||
THENCE, with said curve to the left in said extraterritorial | ||
jurisdiction line, having a central angle of 06 degrees 17 minutes | ||
49 seconds, an arc length of 2,901.41 feet, a radius of 26,400.00 | ||
feet, and a chord bearing North 45 degrees 08 minutes 20 seconds | ||
West, 2,289.95 feet to a point for corner in a west line of said | ||
7,550.32 acre parcel; | ||
THENCE, North 01 degree 25 minutes 03 seconds West continuing | ||
along the west line of the herein described parcel and the lower | ||
west line of said 7,550.32 acre parcel, a distance of 4,042.73 feet | ||
to a point in the northerly high bank of Luce Bayou for the | ||
northwest corner of the herein described parcel, said point being | ||
the lower northwest corner of the remainder of said 7,550.32 acre | ||
parcel, and also being the south corner of the aforementioned | ||
adjoining 4,394.368 acre parcel; | ||
THENCE, along the northerly bank of Luce Bayou, being the | ||
northwest line of the herein described parcel and the lower | ||
northwest line of the remainder of said 7,550.32 acre parcel, same | ||
being the southeast line of said adjoining 4,394.368 acre parcel to | ||
points at the following sixty (60) courses and distances: | ||
1. North 61 degrees 21 minutes 26 seconds East, a distance | ||
of 55.62 feet; | ||
2. North 50 degrees 37 minutes 28 seconds East, a distance | ||
of 91.94 feet; | ||
3. North 35 degrees 59 minutes 28 seconds East, a distance | ||
of 90.11 feet; | ||
4. North 81 degrees 37 minutes 54 seconds East, a distance | ||
of 99.10 feet; | ||
5. North 57 degrees 51 minutes 37 seconds East, a distance | ||
of 158.16 feet; | ||
6. South 56 degrees 59 minutes 24 seconds East, a distance | ||
of 107.50 feet; | ||
7. South 36 degrees 14 minutes 37 seconds East, a distance | ||
of 159.52 feet; | ||
8. North 54 degrees 34 minutes 28 seconds East, a distance | ||
of 191.37 feet; | ||
9. South 77 degrees 54 minutes 48 seconds East, a distance | ||
of 173.87 feet; | ||
10. North 54 degrees 26 minutes 02 seconds East, a distance | ||
of 146.38 feet; | ||
11. North 62 degrees 41 minutes 22 seconds East, a distance | ||
of 232.93 feet; | ||
12. South 19 degrees 51 minutes 51 seconds East, a distance | ||
of 112.24 feet; | ||
13. North 82 degrees 24 minutes 12 seconds East, a distance | ||
of 94.78 feet; | ||
14. North 51 degrees 03 minutes 36 seconds East, a distance | ||
of 200.86 feet; | ||
15. North 66 degrees 08 minutes 09 seconds East, a distance | ||
of 169.04 feet; | ||
16. South 62 degrees 28 minutes 14 seconds East, a distance | ||
of 153.91 feet; | ||
17. North 38 degrees 34 minutes 21 seconds East, a distance | ||
of 106.95 feet; | ||
18. North 02 degrees 48 minutes 55 seconds East, a distance | ||
of 326.69 feet; | ||
19. South 45 degrees 23 minutes 50 seconds East, a distance | ||
of 219.28 feet; | ||
20. North 24 degrees 43 minutes 53 seconds East, a distance | ||
of 142.40 feet; | ||
21. North 62 degrees 19 minutes 52 seconds East, a distance | ||
of 252.61 feet; | ||
22. North 34 degrees 38 minutes 47 seconds East, a distance | ||
of 226.60 feet; | ||
23. North 42 degrees 20 minutes 23 seconds East, a distance | ||
of 357.69 feet; | ||
24. North 81 degrees 41 minutes 35 seconds East, a distance | ||
of 167.94 feet; | ||
25. North 32 degrees 37 minutes 57 seconds East, a distance | ||
of 401.87 feet; | ||
26. North 62 degrees 21 minutes 03 seconds East, a distance | ||
of 139.87 feet; | ||
27. South 52 degrees 41 minutes 51 seconds East, a distance | ||
of 149.90 feet; | ||
28. North 07 degrees 49 minutes 17 seconds East, a distance | ||
of 138.14 feet; | ||
29. North 11 degrees 25 minutes 11 seconds West, a distance | ||
of 282.21 feet; | ||
30. North 80 degrees 25 minutes 55 seconds East, a distance | ||
of 195.83 feet; | ||
31. North 57 degrees 50 minutes 39 seconds East, a distance | ||
of 119.95 feet; | ||
32. North 18 degrees 31 minutes 30 seconds East, a distance | ||
of 202.53 feet; | ||
33. North 41 degrees 32 minutes 27 seconds East, a distance | ||
of 107.50 feet; | ||
34. South 80 degrees 31 minutes 33 seconds East, a distance | ||
of 185.98 feet; | ||
35. South 03 degrees 41 minutes 25 seconds West, a distance | ||
of 146.64 feet; | ||
36. South 31 degrees 39 minutes 32 seconds East, a distance | ||
of 47.04 feet; | ||
37. North 80 degrees 27 minutes 52 seconds East, a distance | ||
of 49.59 feet; | ||
38. North 52 degrees 41 minutes 31 seconds East, a distance | ||
of 204.57 feet; | ||
39. North 43 degrees 52 minutes 42 seconds East, a distance | ||
of 154.18 feet; | ||
40. North 78 degrees 29 minutes 58 seconds East, a distance | ||
of 229.58 feet; | ||
41. South 38 degrees 31 minutes 15 seconds East, a distance | ||
of 139.79 feet; | ||
42. South 78 degrees 40 minutes 34 seconds East, a distance | ||
of 165.26 feet; | ||
43. North 18 degrees 05 minutes 01 second West, a distance | ||
of 120.75 feet; | ||
44. North 45 degrees 34 minutes 26 seconds East, a distance | ||
of 292.64 feet; | ||
45. North 24 degrees 08 minutes 01 second East, a distance | ||
of 235.02 feet; | ||
46. North 61 degrees 06 minutes 54 seconds East, a distance | ||
of 124.69 feet; | ||
47. North 27 degrees 51 minutes 51 seconds East, a distance | ||
of 181.98 feet; | ||
48. North 47 degrees 04 minutes 47 seconds East, a distance | ||
of 801.66 feet; | ||
49. South 01 degree 26 minutes 20 seconds East, a distance | ||
of 179.11 feet; | ||
50. South 07 degrees 16 minutes 18 seconds East, a distance | ||
of 40.74 feet; | ||
51. North 44 degrees 46 minutes 28 seconds East, a distance | ||
of 505.22 feet; | ||
52. North 59 degrees 29 minutes 52 seconds East, a distance | ||
of 639.36 feet; | ||
53. North 70 degrees 16 minutes 34 seconds East, a distance | ||
of 631.52 feet; | ||
54. South 26 degrees 38 minutes 58 seconds West, a distance | ||
of 119.89 feet; | ||
55. South 46 degrees 41 minutes 57 seconds East, a distance | ||
of 275.51 feet; | ||
56. North 29 degrees 00 minutes 30 seconds East, a distance | ||
of 443.82 feet; | ||
57. North 54 degrees 58 minutes 07 seconds East, a distance | ||
of 189.36 feet; | ||
58. South 63 degrees 53 minutes 28 seconds East, a distance | ||
of 100.65 feet; | ||
59. South 23 degrees 10 minutes 28 seconds East, a distance | ||
of 213.82 feet; | ||
60. North 65 degrees 05 minutes 26 seconds East, a distance | ||
of 76.57 feet to a point for the northeast corner of the herein | ||
described parcel, being the southernmost northeast corner of said | ||
7,550.32 acre parcel, and being in an eastern line of the | ||
aforementioned adjoining 4,394.368 acre parcel; | ||
THENCE, South 02 degrees 42 minutes 29 seconds East along the | ||
upper east line of the herein described parcel, being an east line | ||
of said 7,550.32 acre parcel, a distance of 3,277.76 feet to a point | ||
for the upper southeast corner of the herein described parcel, | ||
being a southeast corner of said 7,220.32 acre parcel; | ||
THENCE, South 87 degrees 37 minutes 48 seconds West along the | ||
upper south line of the herein described parcel, being a south line | ||
of said 7,550.32 acre parcel, a distance of 2,884.02 feet to a point | ||
for reentry corner of the herein described parcel and said 7,550.32 | ||
acre parcel; | ||
THENCE, South 02 degrees 20 minutes 58 seconds East along the | ||
lower east line of the herein described parcel, being the | ||
southernmost east line of said 7,550.32 acre parcel, a distance of | ||
5,376.03 feet to an angle point on said line; | ||
THENCE, South 00 degrees 27 minutes 55 seconds West | ||
continuing along the lower east line of the herein described parcel | ||
and the southernmost east line of said 7,550.32 acre parcel, a | ||
distance of 1,540.65 feet to the POINT OF BEGINNING, CONTAINING | ||
1,057.31 acres of land, for a total of 2,774.31 acres in Liberty | ||
County, Texas as shown on drawing No. 12934 in the offices of Jones & | ||
Carter, Inc., Bellaire, Texas. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, | ||
lieutenant governor, and speaker of the house of representatives | ||
within the required time. | ||
(d) The general law relating to consent by political | ||
subdivisions to the creation of districts with conservation, | ||
reclamation, and road powers and the inclusion of land in those | ||
districts has been complied with. | ||
(e) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act have been | ||
fulfilled and accomplished. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. | ||
* * * * * |