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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 Harris-Waller Counties Municipal |
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Utility District No. 9; 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 7996A to read as follows: |
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CHAPTER 7996A. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT |
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NO. 9 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7996A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Harris-Waller Counties |
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Municipal Utility District No. 9. |
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Sec. 7996A.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. 7996A.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. 7996A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7996A.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 as required by |
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general law. |
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Sec. 7996A.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. 7996A.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. 7996A.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 7996A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7996A.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 7996A.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 7996A.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 7996A.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. 7996A.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. 7996A.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. 7996A.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. 7996A.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. 7996A.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. 7996A.0306. DIVISION OF DISTRICT. (a) The board, on |
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its own motion or on receipt of a petition signed by the owner or |
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owners of a majority of the assessed value of the real property in |
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the district, may adopt an order dividing the district. |
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(b) An order dividing a district may create one or more new |
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districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any 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 districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided only if the district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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(f) 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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(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) 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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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) 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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(k) A 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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(l) The district may continue to rely on confirmation, |
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directors', bond, or tax elections held prior to the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7996A.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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7996A.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. 7996A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7996A.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. 7996A.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. 7996A.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. 7996A.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. 7996A.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 Harris-Waller Counties Municipal Utility |
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District No. 9 initially includes all the territory contained in |
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the following area: |
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Being 1,977 acres of land located in the B.B.B. & C. RR. Co. |
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Survey, Abstract No. 171, the Henry Trott Survey, Abstract |
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No. 1589, the B.B.B. & C. RR. Co. Survey, Abstract No. 170, the |
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B.B.B. & C. RR. Co. Survey, Abstract No. 169, and the C.A. Willis |
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Survey, Abstract No. 888, in Harris County, Texas, and in the |
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B.B.B. & C. RR. Co. Survey, Abstract No. 94, the John Tom Survey, |
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Abstract No. 265, the Henry Trott Survey, Abstract No. 267, the |
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C.A. Willis Survey, Abstract No. 276, the Shubal Marsh Survey, |
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Abstract No. 217, and the S. Haddi Survey, Abstract No. 135, in |
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Waller County, Texas; said 1,977 acres being a portion of a called |
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405.431 acre tract of land (Tract 2), all of a called 264.755 acre |
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tract of land (Tract 5), and all of a called 289.8972 acre tract of |
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land (Tract 8) conveyed to Bud Adams Ranches, Inc. in Volume 458, |
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Page 249 of the Deed Records of Harris County (D.R.H.C.), all of a |
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called 20.00 acre tract of land conveyed to Amy Adams Strunk in C.F. |
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No. U924028 of the Official Public Records of Real Property of |
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Harris County (O.P.R.R.P.H.C.), all of a called 8.43 acre tract of |
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land conveyed to Bud Adams Ranches, Inc. in Volume 476, Page 547 of |
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the Deed Records of Waller County (D.R.W.C.), all of a called 50 |
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acre tract of land (Tract I), all of a called 72 acre tract of land |
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(Tract II), all of a called 110 acre tract of land (Tract III), all |
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of a called 69-3/4 acre tract of land (Tract IV), all of a called 150 |
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acre tract of land (Tract V), and all of a called 106 acre tract of |
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land (Tract VI) conveyed to KSA Industries, Inc in Volume 606, Page |
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493 of the D.R.W.C. and in C.F. No. T455463 of the O.P.R.R.P.H.C., a |
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portion of a called 351 acre tract of land conveyed to Bud Adams |
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Ranches, Inc. in Volume 3595, Page 305 of the D.R.H.C., and all of a |
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called 85.129 acre tract of land conveyed to Bud Adams Ranches, Inc. |
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in Volume 481, Page 657 of the D.R.W.C.; said 1,977 acres being more |
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particularly described in two tracts by metes and bounds as follows |
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(all bearings are referenced to the north line of aforesaid 351 acre |
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tract - S88°30'00"E): |
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Tract One - 726 Acres: |
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Beginning at the southwest corner of said 289.8972 acre tract |
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and the most southerly southeast corner of a called 497.398 acre |
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tract of land conveyed to Robert Humphrey and wife, Paulette |
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Humphrey in C.F. No. V354202 of the O.P.R.R.P.H.C., and being on |
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the northerly right-of-way line of Mayer Road (width varies); |
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Thence, with the common line of said 289.8972 acre tract and |
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said 497.398 acre tract, the following twelve (12) courses: |
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1. North 01 degrees 05 minutes 00 seconds West, a distance of |
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1,798.10 feet; |
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2. North 45 degrees 27 minutes 00 seconds East, a distance of |
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423.00 feet; |
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3. North 58 degrees 11 minutes 00 seconds West, a distance of |
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367.10 feet; |
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4. North 01 degrees 05 minutes 00 seconds West, a distance of |
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1,202.70 feet; |
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5. South 73 degrees 24 minutes 52 seconds East, a distance of |
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378.81 feet; |
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6. South 77 degrees 48 minutes 49 seconds East, a distance of |
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371.24 feet; |
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7. South 65 degrees 57 minutes 46 seconds East, a distance of 48.12 |
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feet; |
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8. South 88 degrees 34 minutes 00 seconds East, a distance of |
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1,154.00 feet; |
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9. North 07 degrees 02 minutes 00 seconds East, a distance of |
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141.00 feet; |
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10. South 88 degrees 54 minutes 00 seconds East, a distance of |
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420.10 feet; |
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11. South 07 degrees 02 minutes 00 seconds West, a distance of |
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211.00 feet; |
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12. South 88 degrees 55 minutes 00 seconds East, a distance of |
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984.22 feet to the most easterly southeast corner of said 497.398 |
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acre tract and an exterior corner of aforesaid 405.431 acre tract; |
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13 Thence, with the common line of said 405.431 acre tract and said |
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497.398 acre tract, North 01 degrees 17 minutes 00 seconds West, a |
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distance of 763.36 feet to the centerline of Spring Creek and being |
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on the common Harris and Waller County line; |
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Thence, with the common line of said 405.431 acre tract, the |
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497.398 acre tract, the centerline of Spring Creek, and said Harris |
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and Waller County line, the following twenty two (22) courses: |
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14. North 42 degrees 41 minutes 55 seconds West, a distance of |
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230.66 feet; |
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15. North 04 degrees 43 minutes 00 seconds East, a distance of |
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237.00 feet; |
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16. North 05 degrees 47 minutes 00 seconds West, a distance of |
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224.00 feet; |
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17. North 13 degrees 43 minutes 00 seconds East, a distance of |
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126.00 feet; |
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18. North 58 degrees 13 minutes 00 seconds East, a distance of |
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161.50 feet; |
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19. North 50 degrees 47 minutes 00 seconds West, a distance of |
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199.00 feet; |
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20. South 83 degrees 28 minutes 00 seconds West, a distance of |
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365.00 feet; |
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21. North 86 degrees 17 minutes 00 seconds West, a distance of |
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126.00 feet; |
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22. South 40 degrees 13 minutes 00 seconds West, a distance of |
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58.00 feet; |
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23. North 73 degrees 17 minutes 00 seconds West, a distance of |
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137.00 feet; |
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24. North 29 degrees 58 minutes 00 seconds East, a distance of |
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111.00 feet; |
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25. North 56 degrees 17 minutes 00 seconds West, a distance of |
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86.00 feet; |
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26. North 32 degrees 32 minutes 00 seconds West, a distance of |
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178.00 feet; |
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27. North 15 degrees 17 minutes 00 seconds West, a distance of |
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84.00 feet; |
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28. North 07 degrees 43 minutes 00 seconds East, a distance of |
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148.00 feet; |
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29. North 21 degrees 43 minutes 00 seconds East, a distance of |
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230.00 feet; |
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30. North 39 degrees 43 minutes 00 seconds East, a distance of |
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66.00 feet; |
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31. North 26 degrees 43 minutes 00 seconds East, a distance of |
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109.00 feet; |
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32. North 05 degrees 13 minutes 00 seconds East, a distance of |
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145.00 feet; |
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33. North 62 degrees 17 minutes 00 seconds West, a distance of |
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87.00 feet; |
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34. North 42 degrees 32 minutes 00 seconds West, a distance of |
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50.00 feet; |
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35. North 03 degrees 47 minutes 00 seconds West, a distance of |
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119.00 feet to the northwest corner of said 405.431 acre tract, the |
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northeast corner of said 497.398 acre tract, and being on the |
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southerly line of a called 78.0467 acre tract of land conveyed to |
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Triple W Ranch, LLC. in C.F. No. 1408094 of the Official Public |
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Records of Waller County (O.P.R.W.C.); |
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36. Thence, with the common line of said 405.431 acre tract and |
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said 78.0467 acre tract, North 89 degrees 39 minutes 56 seconds |
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East, a distance of 674.87 feet to the southeast corner of said |
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78.0467 acre tract and the southwest corner of aforesaid 8.43 acre |
|
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tract; |
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37. Thence, with the common line of said 78.0467 acre tract and |
|
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said 8.43 acre tract, North 00 degrees 03 minutes 28 seconds West, a |
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distance of 502.41 feet to the northwest corner of said 8.43 acre |
|
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tract and the southwest corner of a called 56.030 acre tract of land |
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conveyed to Triple W Ranch, LLC. in C.F. No. 1800040 of the |
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O.P.R.W.C.; |
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38. Thence, with the common line of said 8.43 acre tract and said |
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56.030 acre tract, North 89 degrees 29 minutes 45 seconds East, a |
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distance of 725.12 feet to the northeast corner of said 8.43 acre |
|
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tract and the most westerly northwest corner of a called 53.4218 |
|
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acre tract of land conveyed to Triple W Ranch, LLC. in C.F. |
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No. 2011973 of the O.P.R.W.C.; |
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39. Thence, with the easterly line of said 8.43 acre tract, the |
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westerly line of said 53.4218 acre tract, and an easterly line of |
|
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aforesaid 405.431 acre tract, South 00 degrees 31 minutes 49 |
|
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seconds East, a distance of 1,247.21 feet to the southwest corner of |
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said 53.4218 acre tract and an interior corner of said 405.431 acre |
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tract; |
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40. Thence, with the northerly line of said 405.431 acre tract, |
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the southerly line of said 53.4218 acre tract, and the southerly |
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line of the remainder of a called 78.85 acre tract of land conveyed |
|
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to AM Ford Holdings, LLC. in C.F. No. 1901151 of the O.P.R.W.C., |
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North 89 degrees 06 minutes 00 seconds East, a distance of 2,545.00 |
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feet to the northeast corner of said 405.431 acre tract, the |
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southeast corner of said remainder tract, and being on the westerly |
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right-of-way line of Fields Store Road (width varies); |
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Thence, with the common easterly line of said 405.431 acre |
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tract and said westerly right-of-way line of Fields Store Road, the |
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following fifteen (15) courses: |
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|
41. South 00 degrees 13 minutes 00 seconds West, a distance of |
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|
1,432.50 feet; |
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|
42. South 02 degrees 02 minutes 00 seconds East, a distance of |
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|
207.00 feet; |
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|
43. South 01 degrees 47 minutes 00 seconds East, a distance of |
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|
1,553.00 feet; |
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|
44. South 05 degrees 17 minutes 15 seconds East, a distance of |
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|
154.00 feet; |
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|
45. South 13 degrees 26 minutes 20 seconds East, a distance of |
|
|
108.49 feet; |
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|
46. South 18 degrees 17 minutes 00 seconds East, a distance of |
|
|
76.50 feet; |
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|
47. South 24 degrees 02 minutes 00 seconds East, a distance of |
|
|
268.50 feet; |
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|
48. South 14 degrees 32 minutes 00 seconds East, a distance of |
|
|
113.30 feet; |
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|
49. South 09 degrees 17 minutes 00 seconds East, a distance of |
|
|
105.00 feet; |
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|
50. South 04 degrees 13 minutes 00 seconds West, a distance of |
|
|
51.00 feet; |
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|
51. South 08 degrees 13 minutes 00 seconds West, a distance of |
|
|
100.00 feet; |
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|
52. South 09 degrees 43 minutes 00 seconds West, a distance of |
|
|
226.00 feet; |
|
|
53. South 10 degrees 43 minutes 00 seconds West, a distance of |
|
|
102.42 feet; |
|
|
54. South 00 degrees 21 minutes 46 seconds West, a distance of |
|
|
1,052.66 feet |
|
|
55. 451.48 feet along the arc of a curve to the right, said curve |
|
|
having a central angle of 82 degrees 57 minutes 20 seconds, a radius |
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|
of 311.83 feet and a chord that bears South 41 degrees 50 minutes 26 |
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|
seconds West, a distance of 413.07 feet; |
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|
56. Thence, with the common southerly line of said 405.431 acre |
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|
tract, the southerly line of aforesaid 20.00 acre tract, the |
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|
southerly line of aforesaid 289.8972 acre tract, the northerly |
|
|
right-of-way line of said Fields Store Road, and the northerly |
|
|
right-of-way line of Mayer Road (width varies), North 88 degrees 30 |
|
|
minutes 00 seconds West, a distance of 4,954.00 feet; |
|
|
57. Thence, continuing with the common southerly line of said |
|
|
405.531 acre tract and the northerly right-of-way line of said |
|
|
Mayer Road, North 02 degrees 55 minutes 00 seconds West, a distance |
|
|
of 247.50 feet; |
|
|
58. Thence, continuing with said common line, North 87 degrees 13 |
|
|
minutes 00 seconds West, a distance of 1,291.09 feet to the Point of |
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|
Beginning and containing 726 acres of land in Tract One. |
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|
Tract Two - 1,251 Acres: |
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|
Beginning at the southwest corner of a aforesaid 351 acre |
|
|
tract, being at the intersection of the northerly right-of-way line |
|
|
of Castle Road (width varies) and the easterly right-of-way line of |
|
|
Fields Store Road (width varies); |
|
|
1. Thence, with the common westerly line of said 351 acre tract and |
|
|
the easterly right-of-way line of Fields Store Road, North 00 |
|
|
degrees 05 minutes 41 seconds West, a distance of 5,320.25 feet to |
|
|
the northwest corner of said 351 acre tract, being on the southerly |
|
|
right-of-way line of said Fields Store Road; |
|
|
Thence, with the northerly line of said 351 acre tract, the |
|
|
westerly line of aforesaid 150 acre tract, and the southerly and |
|
|
easterly right-of-way line of said Fields Store Road, the following |
|
|
six (6) courses: |
|
|
2. South 88 degrees 30 minutes 00 seconds East, a distance of |
|
|
2,133.29 feet; |
|
|
3. 542.83 feet along the arc of a curve to the left, said curve |
|
|
having a central angle of 83 degrees 38 minutes 45 seconds, a radius |
|
|
of 371.83 feet and a chord that bears North 42 degrees 11 minutes 08 |
|
|
seconds East, a distance of 495.89 feet; |
|
|
4. North 00 degrees 21 minutes 46 seconds East, a distance of |
|
|
897.57 feet; |
|
|
5. 216.58 feet along the arc of a curve to the right, said curve |
|
|
having a central angle of 10 degrees 24 minutes 42 seconds, a radius |
|
|
of 1,191.84 feet and a chord that bears North 05 degrees 34 minutes |
|
|
07 seconds East, a distance of 216.28 feet; |
|
|
6. North 10 degrees 46 minutes 27 seconds East, a distance of |
|
|
300.89 feet; |
|
|
7. 325.47 feet along the arc of a curve to the left, said curve |
|
|
having a central angle of 30 degrees 50 minutes 32 seconds, a radius |
|
|
of 604.63 feet and a chord that bears North 04 degrees 38 minutes 49 |
|
|
seconds West, a distance of 321.56 feet to the northwest corner of |
|
|
said 150 acre tract and the southwest corner of a called 38.992 acre |
|
|
tract of land conveyed to Hsiao-Yi Lee, et al, in C.F. No. 1808263 |
|
|
of the O.P.R.W.C.; |
|
|
8. Thence, with the common northerly line of said 150 acre tract |
|
|
and the southerly line of said 38.992 acre tract, South 88 degrees |
|
|
46 minutes 28 seconds East, a distance of 1,637.04 feet to the |
|
|
southeast corner of said 38.992 acre tract and the southwest corner |
|
|
of aforesaid 72 acre tract; |
|
|
9. Thence, with the easterly line of said 38.9612 acre tract, the |
|
|
westerly line of said 72 acre tract, the westerly line of aforesaid |
|
|
85.129 acre tract, and the easterly line of a called 13.8691 acre |
|
|
tract of land conveyed to Roy N. Stephenson in C.F. No. 185595 of |
|
|
the O.P.R.W.C., North 00 degrees 16 minutes 56 seconds West, a |
|
|
distance of 2,866.34 feet to the northeast corner of said 13.8691 |
|
|
acre tract and the southeast corner of the remainder of a called |
|
|
20.00 acre tract of land conveyed to Alton R. Wilson and wife, Sue |
|
|
Ann Wilson in C.F. No.107959 of the O.P.R.W.C.; |
|
|
10. Thence, with the westerly line of said 85.129 acre tract, the |
|
|
easterly line of said remainder tract, and the easterly line of a |
|
|
called 5.9895 acre tract of land conveyed to Acie Elmo Craig, Jr. in |
|
|
C.F. No.1104368 of the O.P.R.W.C., North 01 degrees 07 minutes 19 |
|
|
seconds West, a distance of 937.76 feet to the northeast corner of |
|
|
said 5.985 acre tract and an interior corner of said 85.129 acre |
|
|
tract; |
|
|
11. Thence, with the common southerly line of said 85.129 acre |
|
|
tract and the northerly line of said 5.985 acre tract, North 89 |
|
|
degrees 33 minutes 07 seconds West, a distance of 189.64 feet; |
|
|
12. Thence, continuing with said common line, and the northerly |
|
|
line of the remainder of a called 15.000 acre tract conveyed to Acie |
|
|
Elmo Craig, Jr. in C.F. No. 981047 of the O.P.R.W.C., South 89 |
|
|
degrees 38 minutes 24 seconds West, a distance of 1,619.91 feet to |
|
|
the northwest corner of said remainder tract, the most northerly |
|
|
southwest corner of said 85.129 acre tract, and being on the |
|
|
easterly right-of-way line of aforesaid Fields Store Road; |
|
|
13. Thence, with the westerly line of said 85.129 acre tract, the |
|
|
westerly line of aforesaid 264.755 acre tract, and the easterly |
|
|
right-of-way line of said Fields Store Road, North 00 degrees 06 |
|
|
minutes 36 seconds West, a distance of 1,678.83 feet to the |
|
|
northwest corner of said 264.755 acre tract and the southwest |
|
|
corner of a called 125.00 acre tract of land conveyed to Lawrence |
|
|
Falk in C.F. No.1986149602 of the O.P.R.W.C.; |
|
|
Thence, with the common northerly line of said 264.755 acre |
|
|
tract and the southerly line of said 125.00 acre tract, the |
|
|
following three (3) courses: |
|
|
14. North 89 degrees 20 minutes 08 seconds East, a distance of |
|
|
2,772.50 feet; |
|
|
15. South 26 degrees 39 minutes 52 seconds East, a distance of |
|
|
631.39 feet; |
|
|
16. North 63 degrees 20 minutes 08 seconds East, a distance of |
|
|
2,076.94 feet to the most easterly corner of said 125.00 acre tract, |
|
|
the most northerly corner of said 264.755 acre tract, and being on |
|
|
the westerly line of a tract of land conveyed to Sharon Enid |
|
|
Peterson Clark Oster in C.F. No. 180557 of the O.P.R.W.C.; |
|
|
17. Thence, with the easterly line of said 264.755 acre tract, the |
|
|
westerly line of said Oster Tract, and the westerly line of a tract |
|
|
of land conveyed to Grainger Waller County Land and Cattle, LLC. in |
|
|
C.F. No. 1406891 of the O.P.R.W.C., South 26 degrees 39 minutes 52 |
|
|
seconds East, a distance of 420.00 feet; |
|
|
18. Thence, with the common easterly line of said 264.755 acre |
|
|
tract and the westerly line of said Grainger tract, South 63 degrees |
|
|
20 minutes 08 seconds West, a distance of 463.06 feet; |
|
|
19. Thence, continuing with said common line, South 01 degrees 00 |
|
|
minutes 08 seconds West, a distance of 4,160.54 feet to the |
|
|
southeast corner of said 264.755 acre tract, the southwest corner |
|
|
of said Grainger tract, and being on the northerly line of a called |
|
|
226.0 acre tract of land conveyed to New Waverly Sound Investments, |
|
|
LLC. in C.F. No. 610668 of the O.P.R.W.C.; |
|
|
20. Thence, with the southerly line of said 264.755 acre tract and |
|
|
the northerly line of said 226.0 acre tract, North 89 degrees 58 |
|
|
minutes 52 seconds West, a distance of 37.45 feet to the northeast |
|
|
corner of aforesaid 72 acre tract; |
|
|
21. Thence, with the common easterly line of said 72 acre tract and |
|
|
the westerly line of said 226.0 acre tract, South 00 degrees 18 |
|
|
minutes 34 seconds East, a distance of 1,147.71 feet to the |
|
|
southeast corner of said 72 acre tract and an interior corner of |
|
|
said 226.0 acre tract; |
|
|
22. Thence, with the common southerly line of said 72 acre tract |
|
|
and the northerly line of said 226.0 acre tract, South 89 degrees 23 |
|
|
minutes 32 seconds West, a distance of 259.50 feet to the northwest |
|
|
corner of said 226.0 acre tract and the northeast corner of |
|
|
aforesaid 150 acre tract; |
|
|
23. Thence, with the common east line of said 150 acre tract and |
|
|
the west line of said 226.0 acre tract, South 00 degrees 05 minutes |
|
|
35 seconds East, a distance of 1,573.65 feet to the southwest corner |
|
|
of said 226.0 acre tract and the southeast corner of said 150 acre |
|
|
tract, being on the northerly line of a called 207.6 acre tract of |
|
|
land (Tract 1) conveyed to Houston Trust Company in C.F. |
|
|
No. 20100434611 of the O.P.R.R.P.H.C.; |
|
|
24. Thence, with the common southerly line of said 150 acre tract |
|
|
and the northerly line of said 207.6 acre tract, North 89 degrees 16 |
|
|
minutes 54 seconds West, a distance of 1,074.12 feet to the |
|
|
northwest corner of said 207.6 acre tract and the northeast corner |
|
|
of aforesaid 110 acre tract; |
|
|
25. Thence, with the common easterly line of said 110 acre tract |
|
|
and the westerly line of said 207.6 acre tract, South 01 degrees 02 |
|
|
minutes 24 seconds East, a distance of 2,908.63 feet to the |
|
|
southeast corner of said 110 acre tract and an interior corner of |
|
|
said 207.6 acre tract; |
|
|
26. Thence, with the common southerly line of said 110 acre tract |
|
|
and the northerly line of said 207.6 acre tract, North 89 degrees 33 |
|
|
minutes 44 seconds West, a distance of 535.02 feet to the northeast |
|
|
corner of aforesaid 50 acre tract; |
|
|
27. Thence, with the easterly line of said 50 acre tract, the |
|
|
easterly line of aforesaid 69-3/4 acre tract, and the westerly line |
|
|
of said 207.6 acre tract, South 00 degrees 34 minutes 29 seconds |
|
|
East, a distance of 2,839.39 feet to the southeast corner of said |
|
|
69-3/4 acre tract, the southwest corner of said 207.6 acre tract, |
|
|
and being on the northerly right-of-way line of aforesaid Castle |
|
|
Road; |
|
|
28. Thence, with the southerly line of said 69-3/4 acre tract, the |
|
|
southerly line of aforesaid 106 acre tract, the southerly line of |
|
|
aforesaid 351 acre tract, and the northerly right-of-way line of |
|
|
said Castle Road, South 89 degrees 58 minutes 09 seconds West, a |
|
|
distance of 5,102.76 feet to the Point of Beginning and containing |
|
|
1,251 acres of land in Tract Two. |
|
|
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 |
|
|
7996A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7996A.0307 to read as |
|
|
follows: |
|
|
Sec. 7996A.0307. 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, 2023. |
|
|
|
|
|
* * * * * |