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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 203; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7917A to read as follows: |
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CHAPTER 7917A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT |
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NO. 203 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7917A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Oak Ridge North. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Director" means a board member. |
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(5) "District" means the Montgomery County Municipal |
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Utility District No. 203. |
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Sec. 7917A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7917A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7917A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7917A.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7917A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7917A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7917A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7917A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7917A.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7917A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7917A.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7917A.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7917A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7917A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7917A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7917A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7917A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 7917A.0306. EFFECT OF ANNEXATION. Notwithstanding any |
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other law, if all or any part of the territory of the district is |
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annexed by the city into the city's corporate limits, the district |
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retains all of the district's outstanding debt and obligations and |
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is not dissolved. |
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Sec. 7917A.0307. DIVISION OF DISTRICT. (a) The district |
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may be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7917A.0103 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) A new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7917A.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7917A.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7917A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7917A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7917A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7917A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7917A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7917A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7917A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7917A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Montgomery County Municipal Utility District |
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No. 203 initially includes all the territory contained in the |
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following area: |
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Being 46.673 acres (2,033,071 square feet) of land situated |
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in the Montgomery County School Land Survey, A-350, Montgomery |
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County, Texas and being all of a called 29.201 acre tract conveyed |
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to Bali Real Estate, LLC, by Warranty Deed recorded under Clerk's |
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File No. 2019110268 of the Official Public Records of Montgomery |
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County, Texas (O.P.R. M.C.T.), and all of the called 18.2958 acre |
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tract conveyed to Bali Real Estate, LLC, by Warranty Deed recorded |
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under Clerk's File No. 2019078899 O.P.R. M.C.T., said 46.673 acres |
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being more particularly described by metes and bounds as follows: |
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BEGINNING at a 1/2 inch iron pipe found in the west line of |
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Lot 14B, Block 2, of Chateau Woods, Section Six, according to the |
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Plat of same, recorded in Volume 7, Page 275, of the Map Records of |
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Montgomery County, Texas (M.R. M.C.T.), for the southeast corner of |
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Chateau Woods, according to the Plat of same, recorded in Cabinet Z, |
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Sheet 536 M.R. M.C.T., and the northeast corner of said 18.2958 acre |
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tract; |
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THENCE South 04°24'53" East, with the west line of said |
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Section Six, a distance of 329.67 feet to a 5/8 inch iron rod with |
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cap marked "Landpoint 10194172" set for the southwest corner of Lot |
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15C, of said Section Six, and an interior corner of the herein |
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described tract; |
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THENCE North 85°44'01" East, with the south line of said Lot |
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15C, a distance of 155.60 feet to a 5/8 inch iron rod found in the |
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west right of way (R.O.W.) line of Fairview Drive (60 foot wide |
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R.O.W.) for the southeast corner of said Lot 15C, and an easterly |
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northeast corner of the herein described tract; |
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THENCE South 03°49'04" East, with said west right of way line, |
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a distance of 70.00 feet to a 5/8 inch iron rod with cap marked |
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"Landpoint 10194172" set for the northeast corner of Lot 16B, of |
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said Section Six and an easterly southeast corner of the herein |
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described tract; |
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THENCE South 85°44'01" West, with the north line of said Lot |
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16B, a distance of 154.87 feet to a 5/8 inch iron rod with cap marked |
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"Landpoint 10194172" set in the east line of the called 1.902 acre |
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tract conveyed to Dennis E. Roach and Yvonne Roach by Warranty Deed |
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recorded under Clerk's File No. 936940 O.P.R. M.C.T., for an |
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interior southwest corner of the herein described tract; |
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THENCE North 04°24'49" West, with the east line of said 1.902 |
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acre tract, a distance of 5.75 feet to a 5/8 inch iron rod found for |
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the northeast corner of said 1.902 acre tract, and an interior |
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corner of the herein described tract; |
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THENCE South 84°35'28" West, with the easterly north line of |
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said 1.902 acre tract, a distance of 167.56 feet to a 5/8 inch iron |
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rod found for the northerly northwest corner of said 1.902 acre |
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tract, and an interior corner of the herein described tract; |
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THENCE South 00°23'18" East, with a northerly west line of |
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said 1.902 acre tract a distance of 127.62 feet to a 5/8 inch iron |
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rod found for an interior corner of said 1.902 acre tract; |
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THENCE South 89°36'42" West, with the westerly north line of |
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said 1.902 acre tract, a distance of 114.45 feet to a 5/8 inch iron |
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rod found for the westerly northwest corner of said 1.902 acre tract |
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and an interior corner of the herein described tract; |
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THENCE South 02°14'20" East, with the west line of said 1.902 |
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acre tract, a distance of 122.73 feet to a 1/2 inch iron rod found |
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for the southwest corner of said 1.902 acre tract; |
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THENCE North 84°40'17" East, with the south line of said 1.902 |
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acre tract, a distance of 295.36 feet to a 5/8 inch iron rod with cap |
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marked "Landpoint 10194172" set in the west line of Lot 17B, of said |
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Section Six, for a northeast corner of the herein described tract; |
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THENCE South 04°25'53" East, with the west line of said |
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Section Six, a distance of 254.24 feet to a 5/8 inch iron rod with |
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cap marked "Landpoint 10194172" set for the southwest corner of Lot |
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18B of said Section Six, and an interior corner of the herein |
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described tract; |
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THENCE North 85°44'23" East, with the south line of said Lot |
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18B, a distance of 149.71 feet to a 5/8 inch iron rod found in the |
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west right of way line of said Fairview Drive for the southeast |
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corner of said Lot 18B, and a northeast corner of the herein |
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described; |
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THENCE South 03°49'03" East, with said west right of way line, |
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a distance of 70.00 feet to a 1/2 iron rod found for the northeast |
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corner of Lot 19A, of said Section Six, and an easterly southeast |
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corner of the herein described tract; |
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THENCE South 85°44'23" West, with the north line of said Lot |
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19A a distance of 148.96 feet to a 5/8 inch iron rod with cap marked |
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"Landpoint 10194172" set for the northwest corner of said Lot 19A |
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and an interior corner of the herein described tract; |
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THENCE South 04°25'53" East, with the west line of said |
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Section Six, a distance of 600.26 feet to a 5/8 inch iron rod with |
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cap marked "Landpoint 10194172" set for the northeast corner of the |
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called 0.2784 acre Tract 4 conveyed to William Dana Fulton, by |
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Warranty Deed recorded under Clerk's File No. 2007-143377 O.P.R. |
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M.C.T., for the southeast corner said 29.201 acre tract and the |
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herein described tract, from which a found 1/2 inch iron rod bears |
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North 87°05'51" East, a distance of 1.60 feet; |
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THENCE South 87°05'51" West, with the south line of said |
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29.201 acre tract, a distance of 2110.00 feet to a 5/8 inch iron rod |
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with cap marked "Landpoint 10194172" set for the northwest corner |
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of the remainder of a called 19.6 acre tract conveyed to Juanita Ann |
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Stedman Crisp by Warranty Deed recorded in Volume 994, Page 33 of |
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the Deed Records of Montgomery County, Texas (D.R. M.C.T.), and an |
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interior corner of the herein described tract, from which a found 2 |
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inch iron rod bears North 39°42'57" West, a distance of 0.89 feet; |
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THENCE North 02°54'09" West, a distance of 34.49 feet to a |
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point for an interior corner of the herein described tract; |
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THENCE South 86°54'05" West, a distance of 15.07 feet to a 1/2 |
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inch iron rod found for the southeast corner of said 3.00 acre tract |
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and a southwest corner of the herein described tract; |
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THENCE North 04°24'02" West, with the east line of said 3.00 |
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acre tract, a distance of 105.68 feet to a 5/8 inch iron rod found |
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for the southwest corner of the called 2.0 acre tract conveyed to |
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Julio E. Ortiz and Edgar S. Ortiz by Warranty Deed recorded under |
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Clerk's File No. 2010102118 O.P.R. M.C.T. and the most westerly |
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northwest corner of the herein described1.705 acre tract conveyed |
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to tract; |
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THENCE North 87°05'51" East, with the south line of said 2.0 |
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acre tract, a distance of 152.29 feet to a 5/8 inch iron rod found |
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for the southeast corner of said 2.0 acre tract and an interior |
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corner of the herein described tract ; |
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THENCE North 02°59'46" West, with the east line of said 2.0 |
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acre tract, a distance of 286.50 feet to a 5/8 inch iron rod found |
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for the southwest corner of the called 1.705 acre tract conveyed to |
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Julio E. Ortiz and Edgar S. Ortiz by Warranty Deed recorded under |
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Clerk's File No. 2010102117 O.P.R .M.C.T., and a northwest corner |
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of the herein described tract; |
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THENCE North 87°05'51" East, with the south line of said 1.705 |
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acre tract, a distance of 458.27 feet to a 5/8 inch iron rod with cap |
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marked "Landpoint 10194172" set for the southeast corner of said |
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1.705 acre tract and an interior corner of the herein described |
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tract; |
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THENCE North 03°54'02" West, with the east line of said 1.705 |
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acre tract, a distance of 165.76 feet to a 5/8 inch iron rod found |
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for the northeast corner of same, and a northwest corner of the |
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herein described tract; |
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THENCE North 86°10'26" East, at 40.03 feet passing a 5/8 inch |
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iron rod found for the southwest corner of a called 0.61 acre tract |
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of land (Tract 10), recorded under Volume 814, Page 553 of the |
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O.P.R. M.C.T., and continuing for a total distance of 279.28 feet to |
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a 5/8 inch iron rod found for the southeast corner of said 0.61 acre |
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tract and an interior corner of the herein described tract; |
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THENCE North 03°49'30" West, with the west lines of said 0.61 |
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acre Tract 10, the called 0.61 acre tract conveyed to Reina Fuentes |
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by Warranty Deed recorded under Clerk's File No. 2009049510 |
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O.P.R.M.C.T., and the called 0.61 acre tract conveyed to Jonathan |
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R. Farkasofsky, by Warranty Deed recorded under Clerk's File |
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No. 2009041278 O.P.R. M.C.T., a distance of 337.20 feet to a 5/8 |
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inch iron rod found in the south right of way line of Springwood |
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Drive (60 foot wide private R.O.W.), for a northwest corner of the |
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herein described tract; |
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THENCE North 86°10'33" East, with the south line of said |
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Springwood Drive, a distance of 473.19 feet to a 5/8 inch iron rod |
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with cap marked "Landpoint 10194172" set for an interior corner of |
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the herein described tract; |
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THENCE North 03°49'30" West, with the east right of way line |
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of said Springwood Drive, a distance of 59.97 feet to a 5/8 inch |
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iron rod found in the south line of the called 0.6017 acre tract |
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conveyed to Luis Martinez and Liana I. Martinez by Warranty Deed |
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recorded under Clerk's File No. 2012038147 O.P.R. M.C.T., for a |
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northwest corner of the herein described tract; |
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THENCE North 86°09'32" East, with the south line of said |
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0.6017 acre tract, a distance of 25.90 feet to a 5/8 inch iron rod |
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found for the southeast corner of said 0.6017 acre tract and an |
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interior corner of the herein described tract; |
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THENCE North 03°49'30" West, with the east line of said 0.6017 |
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acre tract, a distance of 250.02 feet to a 5/8 inch iron rod with cap |
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marked "Landpoint 10194172" set for the northeast corner of said |
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0.6017 acre tract and an interior corner of the herein described |
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tract, from which a found 5/8 inch iron rod bears South 80°23'42" |
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West, a distance of 1.39 feet; |
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THENCE South 86°10'34" West, with the north lines of said |
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0.6017 acre tract, the called 0.61 acre tract conveyed to Rigoberto |
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Ruiz and Beatriz Ruiz, by Warranty Deed recorded under Clerk's File |
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No. 2010015437 O.P.R. M.C.T., and the called 0.61 acre tract |
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conveyed to Luis Martinez and Liana I. Martinez, by Warranty Deed |
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recorded under Clerk's File No. 2012038147 O.P.R. M.C.T. a distance |
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of 314.69 feet to a 5/8 inch iron rod found in the east line of the |
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called 7.3167 acre tract conveyed to James H. Giammatteo by |
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Warranty Deed recorded under Clerk's File No. 2001008111 O.P.R. |
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M.C.T., for the northwest corner of said 0.61 acre Martinez tract, |
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and a southwest corner of the herein described tract; |
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THENCE North 03°49'30" West, with the east line of said 7.3167 |
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acre tract, a distance of 196.49 feet to a 1 inch iron pipe found in |
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the south line of the called 1.580 acre tract conveyed to James H. |
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Giammatteo, Jr., by Warranty Deed recorded under Clerk's File |
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No. 2008037058 O.P.R. M.C.T. for the northeast corner of said |
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called 7.3167 acre tract and a northwest corner of the herein |
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described tract; |
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THENCE North 86°09'41" East, with the south line of said 1.580 |
|
acre tract, a distance of 30.70 feet to a 5/8 inch iron rod found for |
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the southeast corner of said 1.580 acre tract and an interior corner |
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of the herein described tract; |
|
THENCE North 03°49'30" West, with the east line of said 1.580 |
|
acre tract, a distance of 97.99 feet to a 1/2 inch iron pipe found in |
|
the south line of Block 1 of said Chateau Woods, for the northeast |
|
corner of said 1.580 acre tract and the most northerly northwest |
|
corner of said 18.2958 acre tract and the herein described tract; |
|
THENCE North 86°10'30" East, with the south line of said |
|
Chateau Woods, a distance of 1000.19 feet to the POINT OF BEGINNING, |
|
containing 46.673 acres (2,033,071 square feet) of land in |
|
Montgomery County, 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, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) 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 are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7917A, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7917A.0308 to read as |
|
follows: |
|
Sec. 7917A.0308. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. 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, 2021. |