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AN ACT
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relating to the creation of the Towne Lake Management District; |
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providing authority to levy an assessment, impose a tax, and issue |
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bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. TOWNE LAKE MANAGEMENT DISTRICT. Subtitle C, |
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Title 4, Special District Local Laws Code, is amended by adding |
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Chapter 3839 to read as follows: |
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CHAPTER 3839. TOWNE LAKE MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3839.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "District" means the Towne Lake Management |
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District. |
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Sec. 3839.002. TOWNE LAKE MANAGEMENT DISTRICT. The Towne |
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Lake Management District is a special district created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 3839.003. PURPOSE; DECLARATION OF INTENT. (a) The |
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creation of the district is essential to accomplish the purposes of |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution, and other public purposes stated in this |
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chapter. By creating the district and in authorizing the City of |
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Houston, Harris County, and other political subdivisions to |
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contract with the district, the legislature has established a |
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program to accomplish the public purposes set out in Section 52-a, |
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Article III, Texas Constitution. |
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(b) The creation of the district is necessary to promote, |
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develop, encourage, and maintain employment, commerce, |
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transportation, housing, tourism, recreation, the arts, |
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entertainment, economic development, safety, and the public |
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welfare in the district territory. |
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(c) This chapter and the creation of the district may not be |
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interpreted to relieve Harris County from providing the level of |
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services provided as of the effective date of the Act enacting this |
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chapter to the area in the district. The district is created to |
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supplement and not to supplant the county services provided in the |
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area in the district. |
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Sec. 3839.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(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; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(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. 3839.005. DISTRICT TERRITORY. (a) The district is |
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composed of the territory described by Section 2 of the Act enacting |
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this chapter, as that territory may have been modified under: |
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(1) Subchapter J, Chapter 49, Water Code; or |
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(2) other law. |
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(b) The boundaries and field notes of the district contained |
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in Section 2 of the Act enacting this chapter form a closure. A |
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mistake in the field notes or in copying the field notes in the |
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legislative process does not in any way affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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Sec. 3839.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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All or any part of the area of the district is eligible to be |
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included in: |
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(1) a tax increment reinvestment zone created under |
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Chapter 311, Tax Code; |
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(2) a tax abatement reinvestment zone created under |
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Chapter 312, Tax Code; or |
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(3) an enterprise zone created under Chapter 2303, |
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Government Code. |
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Sec. 3839.007. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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DISTRICTS LAW. Except as otherwise provided by this chapter, |
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Chapter 375, Local Government Code, applies to the district. |
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Sec. 3839.008. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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findings and purposes stated in this chapter. |
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[Sections 3839.009-3839.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3839.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five voting directors who serve staggered |
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terms of four years, with two or three directors' terms expiring |
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June 1 of each odd-numbered year. |
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(b) The board by resolution may change the number of voting |
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directors on the board, but only if the board determines that the |
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change is in the best interest of the district. The board may not |
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consist of fewer than five or more than 15 voting directors. |
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Sec. 3839.052. APPOINTMENT OF DIRECTORS. The Texas |
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Commission on Environmental Quality shall appoint voting directors |
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from persons recommended by the board. |
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Sec. 3839.053. NONVOTING DIRECTORS. The board may appoint |
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nonvoting directors to serve at the pleasure of the voting |
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directors. |
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Sec. 3839.054. QUORUM. For purposes of determining the |
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requirements for a quorum, the following are not counted: |
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(1) a board position vacant for any reason, including |
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death, resignation, or disqualification; |
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(2) a director who is abstaining from participation in |
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a vote because of a conflict of interest; or |
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(3) a nonvoting director. |
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Sec. 3839.055. COMPENSATION. Sections 375.069 and 375.070, |
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Local Government Code, do not apply to the board. |
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Sec. 3839.056. INITIAL VOTING DIRECTORS. (a) The initial |
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board consists of the following voting directors: |
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Pos. No. |
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Name of Director |
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(b) Of the initial voting directors, the terms of directors |
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appointed for positions 1 through 3 expire June 1, 2009, and the |
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terms of directors appointed for positions 4 and 5 expire June 1, |
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2011. |
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(c) Section 3839.052 does not apply to this section. |
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(d) This section expires September 1, 2012. |
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[Sections 3839.057-3839.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3839.101. INDUSTRIAL DEVELOPMENT CORPORATION POWERS. |
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The district may exercise the powers given to an industrial |
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development corporation under Section 4B, Development Corporation |
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Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), |
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including the power to own, operate, acquire, construct, lease, |
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improve, or maintain a project described by that section. |
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Sec. 3839.102. NONPROFIT CORPORATION. (a) The board by |
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resolution may authorize the creation of a nonprofit corporation to |
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assist and act for the district in implementing a project or |
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providing a service authorized by this chapter. |
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(b) The nonprofit corporation: |
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(1) has each power of and is considered for purposes of |
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this chapter to be a local government corporation created under |
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Chapter 431, Transportation Code; and |
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(2) may implement any project and provide any service |
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authorized by this chapter. |
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(c) The board shall appoint the board of directors of the |
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nonprofit corporation. The board of directors of the nonprofit |
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corporation shall serve in the same manner as the board of directors |
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of a local government corporation created under Chapter 431, |
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Transportation Code, except that a director of the corporation is |
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not required to reside in the district. |
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Sec. 3839.103. AGREEMENTS; GRANTS. (a) The district may |
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make an agreement with or accept a gift, grant, or loan from any |
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person. |
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(b) The implementation of a project is a governmental |
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function or service for the purposes of Chapter 791, Government |
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Code. |
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Sec. 3839.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. |
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To protect the public interest, the district may contract with a |
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qualified party including Harris County or the City of Houston for |
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the county or the city to provide law enforcement services in the |
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district for a fee. |
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Sec. 3839.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The |
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district may join and pay dues to a charitable or nonprofit |
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organization that performs a service or provides an activity |
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consistent with the furtherance of a district purpose. |
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Sec. 3839.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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district may establish and provide for the administration of one or |
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more programs to promote state or local economic development and to |
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stimulate business and commercial activity in the district, |
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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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(b) For purposes of this section, the district has all of |
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the powers of a municipality under Chapter 380, Local Government |
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Code. |
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Sec. 3839.107. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement with the City of Houston in the same manner as |
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a district under Section 43.0751, Local Government Code. |
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Sec. 3839.108. NO EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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[Sections 3839.109-3839.150 reserved for expansion] |
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SUBCHAPTER D. FINANCIAL PROVISIONS |
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Sec. 3839.151. 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 the district's money. |
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Sec. 3839.152. MONEY USED FOR IMPROVEMENTS OR SERVICES. |
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The district may acquire, construct, finance, operate, or maintain |
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any improvement or service authorized under this chapter or Chapter |
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375, Local Government Code, using any money available to the |
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district. |
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Sec. 3839.153. PETITION REQUIRED FOR FINANCING SERVICES AND |
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IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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service or improvement project with assessments under this chapter |
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unless a written petition requesting that service or improvement |
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has been filed with the board. |
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(b) A petition filed under Subsection (a) must be signed by: |
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(1) the owners of a majority of the assessed value of |
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real property in the district subject to assessment according to |
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the most recent certified tax appraisal roll for Harris County; or |
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(2) at least 50 persons who own real property in the |
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district, if more than 50 persons own real property in the district |
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according to the most recent certified tax appraisal roll for |
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Harris County. |
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Sec. 3839.154. METHOD OF NOTICE FOR HEARING. The district |
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may mail the notice required by Section 375.115(c), Local |
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Government Code, by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 3839.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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The board by resolution may impose and collect an assessment for any |
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purpose authorized by this chapter in all or any part of the |
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district. |
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(b) An assessment, a reassessment, or an assessment |
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resulting from an addition to or correction of the assessment roll |
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by the district, penalties and interest on an assessment or |
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reassessment, an expense of collection, and reasonable attorney's |
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fees incurred by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(c) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(d) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 3839.156. AD VALOREM TAX. (a) If authorized at an |
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election held in accordance with Section 3839.160, the district may |
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impose an annual ad valorem tax on taxable property in the district |
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for any district purpose, including to: |
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(1) maintain and operate the district; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The board shall determine the tax rate. |
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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 3839.157. UTILITY PROPERTY EXEMPT FROM IMPACT FEES OR |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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Sec. 3839.158. BONDS AND OTHER OBLIGATIONS. (a) The |
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district may issue by competitive bid or negotiated sale bonds, |
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notes, or other obligations payable wholly or partly from taxes, |
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assessments, impact fees, revenue, grants, or other money of the |
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district, or any combination of those sources of money, to pay for |
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any authorized purpose of the district. |
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(b) In addition to any other terms authorized by the board |
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by bond order or resolution, the proceeds of the district's bonds |
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may be used for a reserve fund, credit enhancement, or capitalized |
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interest for the bonds. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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Sec. 3839.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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Sec. 3839.160. TAX AND BOND ELECTIONS. (a) The district |
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shall hold an election in the manner provided by Subchapter L, |
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Chapter 375, Local Government Code, to obtain voter approval before |
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the district imposes an ad valorem tax or issues bonds payable from |
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ad valorem taxes. |
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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. 3839.161. CITY NOT REQUIRED TO PAY DISTRICT |
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OBLIGATIONS. Except as provided by Section 375.263, Local |
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Government Code, the City of Houston is not required to pay a bond, |
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note, or other obligation of the district. |
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Sec. 3839.162. COMPETITIVE BIDDING. Section 375.221, Local |
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Government Code, applies to the district only for a contract that |
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has a value greater than $50,000. |
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Sec. 3839.163. TAX AND ASSESSMENT ABATEMENTS. The district |
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may grant in the manner authorized by Chapter 312, Tax Code, an |
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abatement for a tax or assessment owed to the district. |
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[Sections 3839.164-3839.200 reserved for expansion] |
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SUBCHAPTER E. DISSOLUTION |
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Sec. 3839.201. DISSOLUTION OF DISTRICT WITH OUTSTANDING |
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DEBT. (a) The board may dissolve the district regardless of |
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whether the district has debt. Section 375.264, Local Government |
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Code, does not apply to the district. |
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(b) If the district has debt when it is dissolved, the |
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district shall remain in existence solely for the purpose of |
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discharging its debts. The dissolution is effective when all debts |
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have been discharged. |
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SECTION 2. BOUNDARIES. As of the effective date of this |
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Act, the Towne Lake Management District includes all territory |
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contained in the following described area: |
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A 59.799-ACRE TRACT OF LAND SITUATED IN THE EVAN THOMAS |
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SURVEY, ABSTRACT 775, HARRIS COUNTY, TEXAS, SAID 59.799-ACRE TRACT |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, |
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(BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH |
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CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS): |
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COMMENCING at a 3/4-inch iron with cap stamped "C.L.R." found |
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for the northeast corner of Cy-Fair College as recorded under Film |
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Code Number 543031 of the Harris County Map Records (H.C.M.R.) and |
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in the westerly right-of-way line of Barker-Cypress Road |
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(100-feet-wide) as recorded under Clerk's File Numbers (C.F. Nos.) |
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M889508 and M922710 of the Official Public Records of Real Property |
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of Harris County, Texas (O.P.R.O.R.P.), also being in the northerly |
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line of that certain called 160-foot wide Drainage Easement as |
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recorded under C.F. No. V782766, O.P.R.O.R.P., and in the southerly |
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line of that certain called 180-foot-wide Houston Lighting and |
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Power Company Electric Transmission Easement as recorded under C.F. |
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No. C274826, O.P.R.O.R.P., from which a 3/4-inch iron pipe bears |
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South 14°40' East, 0.5 feet; |
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THENCE North 02°48'58" West, with said westerly right-of-way |
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of Barker-Cypress Road, a distance of 255.16 feet to a point of |
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curvature to the left; |
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THENCE, continuing with the said westerly right-of-way of |
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Barker-Cypress Road in a northwesterly direction along said curve |
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to the left, having a radius of 2950.00 feet, a central angle of |
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03°49'15", an arc length of 196.72 feet, and a chord bearing of North |
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04°43'36" West, a distance of 196.69 feet to a 3/4-inch iron pipe |
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found for the point of tangency; |
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THENCE North 06°38'13" West, continuing with said westerly |
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right-of-way of Barker-Cypress Road, a distance of 100.00 feet to a |
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3/4-inch iron pipe found for a point of curvature to the right; |
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THENCE, continuing with the said westerly right-of-way of |
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Barker-Cypress Road in a northwesterly direction along said curve |
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to the right, having a radius of 3050.00 feet, a central angle of |
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03°49'15", an arc length of 203.39 feet, and a chord bearing of North |
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04°43'35" West, a distance of 203.35 feet to a 3/4-inch iron pipe |
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found for the point of tangency; |
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THENCE North 02°48'58" West, continuing with said westerly |
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right-of-way of Barker-Cypress Road, a distance of 438.86 feet to |
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the POINT OF BEGINNING of the herein described tract; |
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THENCE South 89°12'34" West a distance of 1139.55 feet to a point for |
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corner; |
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THENCE North 40°38'18" West a distance of 270.36 feet to a |
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point for corner; |
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THENCE North a distance of 1037.29 feet to a point for corner; |
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THENCE North 26°46'14" East a distance of 104.38 feet to a |
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point for corner; |
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THENCE North 26°49'32" East a distance of 49.85 feet to a |
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point for corner; |
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THENCE North 20°35'48" East a distance of 77.03 feet to a |
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point of curvature to the left; |
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THENCE in a northeasterly direction along said curve to the |
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left, having a radius of 900.00 feet, a central angle of 32°18'20", |
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an arc length of 507.46 feet, and a chord bearing of North 04°26'38" |
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East, a distance of 500.76 feet to the point of tangency; |
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THENCE North 11°42'32" West a distance of 187.14 feet to a |
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point for corner; |
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THENCE North 78°17'28" East a distance of 230.07 feet to a |
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point for corner; |
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THENCE South 52°35'28" East a distance of 295.90 feet to a |
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point for corner; |
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THENCE North 37°24'32" East a distance of 257.44 feet to a |
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point of curvature to the right; |
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THENCE in a northeasterly direction along said curve to the |
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right, having a radius of 25.00 feet, a central angle of 49°46'30", |
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an arc length of 21.72 feet, and a chord bearing of North 62°17'47" |
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East, a distance of 21.04 feet to the point of tangency; |
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THENCE North 87°11'02" East a distance of 473.95 feet to a |
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point for corner, being in the said westerly right-of-way of |
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Barker-Cypress Road; |
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THENCE South 02°48'58" East, with the said westerly |
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right-of-way of Barker-Cypress Road, a distance of 2226.18 feet to |
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the POINT OF BEGINNING and containing 59.799 acres of land. |
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SECTION 3. LEGISLATIVE FINDINGS. The legislature finds |
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that: |
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(1) proper and legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished by |
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the constitution and laws of this state, including the governor, |
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who has submitted the notice and Act to the Texas Commission on |
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Environmental Quality; |
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(2) the Texas Commission on Environmental Quality has |
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filed its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time; |
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(3) the general law relating to consent by political |
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subdivisions to the creation of districts with conservation, |
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reclamation, and road powers and the inclusion of land in those |
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districts has been complied with; and |
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(4) all requirements of the constitution and laws of |
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this state and the rules and procedures of the legislature with |
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respect to the notice, introduction, and passage of this Act have |
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been fulfilled and accomplished. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
|
Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |
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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. 4045 was passed by the House on May 2, |
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2007, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4045 on May 25, 2007, by the following vote: Yeas 137, Nays 0, |
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2 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. 4045 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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0. |
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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 |