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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. 8; 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 8006A to read as follows: |
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CHAPTER 8006A. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT |
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NO. 8 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8006A.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. 8. |
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Sec. 8006A.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. 8006A.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. 8006A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8006A.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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applicable law. |
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Sec. 8006A.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. 8006A.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. 8006A.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 8006A.0202, directors |
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serve staggered four-year terms. |
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Sec. 8006A.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 8006A.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 8006A.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 8006A.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. 8006A.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. 8006A.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. 8006A.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. 8006A.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. 8006A.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. 8006A.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 no outstanding bonded debt; 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. If the voters of |
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the new district do not confirm the creation of the new district, |
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the assets, obligations, territory, and governance of the new |
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district revert to the original district. |
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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. 8006A.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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8006A.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. 8006A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8006A.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. 8006A.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. 8006A.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. 8006A.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. 8006A.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. Harris-Waller Counties Municipal Utility |
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District No. 8 initially includes all the territory contained in |
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the following area: |
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Tract 1: |
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Being a tract containing 300.183 acres of land located in the J.R. |
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Garrett Survey, Abstract Number 378, Waller County, Texas, the J.R. |
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Garrett Survey, Abstract Number 1594, Harris County, Texas and the |
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W.H. Shaw Survey, Abstract Number 1714, Harris County, Texas. Said |
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300.183 acres being a portion of a call 575.411 acre tract of land |
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recorded in the name of Kenneth R. Jasek and Joanna H. Jasek in |
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Harris County Clerk's File (H.C.C.F.) Number 20070005783. Said |
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300.183 acres being more particularly described by metes and bounds |
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as follows (bearings are referenced to the Texas Coordinate System |
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of 1983, South Central Zone, based on GPS observations): |
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COMMENCING at a 1/2 inch iron pipe found at the southwest corner of |
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said 575.411 acre tract, the southeast corner of a call 628.479 acre |
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tract of land recorded in the name of Malladi Reddy in Volume 1366, |
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Page 688 of the O.P.R.W.C., on the north right-of-way (R.O.W.) line |
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of F.M. 529 (120-foot wide) and being on the common line between |
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said J.R. Garrett Survey, A-378 and the H.&T.C. R.R. Company |
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Survey, Section 113, Abstract Number 173, Waller County, Texas; |
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THENCE, with said north R.O.W. line, North 87 degrees 59 minutes 59 |
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seconds East (call South 89 degrees 52 minutes 51 seconds East), a |
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distance of 3,905.05 feet to a 5/8 inch capped iron rod stamped "GBI |
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Partners" set at the POINT OF BEGINNING of the herein described |
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tract; |
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THENCE, through and across said 575.411 acre tract, the following |
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six (6) courses: |
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1) North 01 degree 56 minutes 25 seconds West, a distance of |
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1,401.78 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
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set; |
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2) South 89 degrees 11 minutes 37 seconds West, a distance of |
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1,191.65 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
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set; |
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3) North 02 degrees 48 minutes 36 seconds West, a distance of |
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1,456.14 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
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set; |
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4) North 42 degrees 21 minutes 49 seconds West, a distance of |
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717.67 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
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set; |
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5) South 88 degrees 18 minutes 44 seconds West, a distance of |
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972.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
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set; |
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6) North 77 degrees 09 minutes 13 seconds West, a distance of |
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1,300.48 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
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set on the common line between said 575.411 and 628.479 acre tracts |
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and the aforesaid common line between the J.R. Garrett Survey, |
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A-378 and the H.&T.C. R.R. Company Survey, Section 113; |
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THENCE, with said common lines, North 01 degree 59 minutes 44 |
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seconds West (call North 00 degrees 07 minutes 20 seconds East), a |
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distance of 498.53 feet to a 5/8 inch capped iron rod stamped "GBI |
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Partners" set at the southwesterly corner of a call 57.8006 acre |
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tract of land recorded in the name of Lawrence A. Jasek, Trustee in |
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Volume 508, Page 498 of the Official Public Records of Waller County |
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(O.P.R.W.C.); |
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THENCE, with the common lines between said 575.411 and 57.8006 acre |
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tracts, the following two (2) courses: |
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1) North 88 degrees 00 minutes 16 seconds East (call South 89 |
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degrees 52 minutes 19 seconds East), at 60.00 feet pass a 6 inch |
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iron pipe and continuing for a total distance of 2,640.14 feet (call |
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2,640.00 feet) to a 1/2 inch iron pipe found at the southeast corner |
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of said 57.8006 acre tract; |
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2) North 01 degree 59 minutes 55 seconds West, a distance of 953.96 |
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feet (call North 00 degrees 06 minutes 58 seconds East, a distance |
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of 954.04 feet) to a 3/4 inch iron pipe found at the northeast |
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corner of said 57.8006 acre tract and being on the southerly line of |
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a call 364.14 acre tract of land recorded in the name of Katy |
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Prairie Conservancy in Volume 1334, Page 254 of the O.P.R.W.C., |
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from which a 1/2 inch iron pipe found at the common corner of said |
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57.8006 acre tract, said 364.14 acre tract and a call 401.115 acre |
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tract of land recorded in the name of Charles A. Menke, et al. in |
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File Number 1700611 of the O.P.R.W.C., and being the common corner |
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of said J.R. Garrett Survey, said H.&T.C. R.R. Company Survey, |
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Section 113, the H.&T.C. R.R. Company Survey, Section 117, Abstract |
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Number 199, Waller County, Texas and the J.R. Garrett Survey, |
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Abstract Number 377, Waller County, Texas bears South 87 degrees 59 |
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minutes 57 seconds West, a distance of 2,640.09 feet; |
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THENCE, with the south lines of said 364.14 acre tract and a call |
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503.250 acre tract of land recorded in the name of Xu Qing, LLC in |
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H.C.C.F. Number RP-2018-130319, North 87 degrees 52 minutes 17 |
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seconds East, a distance of 2,644.89 feet (call North 89 degrees 59 |
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minutes 16 seconds East, a distance of 2,645.05 feet) to a 1/2 inch |
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iron pipe found at an interior corner of said 503.250 acre tract and |
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being on the terminus of Longenbaugh Road (80-foot wide); |
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THENCE, with said terminus and the westerly lines of a call 274.704 |
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acre tract of land, styled as Parcel 6, recorded in the name of Xu |
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Qing, LLC in H.C.C.F. Number RP-2018-130319 and a call 16.478 acre |
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tract of land recorded in the name of Roger Earl Haigh and Clifford |
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Haigh in H.C.C.F. Number RP-2017-134466, South 01 degree 56 minutes |
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29 seconds East (call South 00 degrees 10 minutes 35 seconds West), |
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at 39.75 feet pass a 3/4 inch iron rod found at the northwesterly |
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corner of said Parcel 6 and continuing for a total distance of |
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5,226.16 feet to a 2 inch iron pipe found on the aforesaid north |
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R.O.W. line of F.M. 529; |
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THENCE, with said north R.O.W. line, South 87 degrees 59 minutes 59 |
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seconds West (call North 89 degrees 52 minutes 51 seconds West), a |
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distance of 150.00 feet to a 3/4 inch capped iron rod stamped |
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"CenterPoint Energy" found at the southeast corner of a call 21.34 |
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acre tract of land recorded in the name of CenterPoint Energy |
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Houston Electric, LLC in File Number 2206806 of the O.P.R.W.C. |
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THENCE, with the east, north and west lines of said 21.34 acre |
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tract, the following four (4) courses: |
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1) North 01 degree 56 minutes 25 seconds West, a distance of 971.39 |
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feet to a 3/4 inch capped iron rod stamped "CenterPoint Energy" |
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found; |
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2) North 18 degrees 53 minutes 43 seconds West, a distance of 35.13 |
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feet to a 3/4 inch capped iron rod stamped "CenterPoint Energy" |
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found; |
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3) South 87 degrees 59 minutes 59 seconds West, a distance of |
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914.75 feet to a 3/4 inch capped iron rod stamped "CenterPoint |
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Energy" found; |
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4) South 01 degree 56 minutes 25 seconds East, a distance of |
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1,005.00 feet to a 3/4 inch capped iron rod stamped "CenterPoint |
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Energy" found on the said north R.O.W. line of F.M. 529; |
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THENCE, with said north R.O.W. line, South 87 degrees 59 minutes 59 |
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seconds West, a distance of 300.00 feet to the POINT OF BEGINNING |
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and containing 300.183 acres of land. |
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Tract 2: |
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Being a tract containing 57.811 acres of land located in the J.R. |
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Garrett Survey, Abstract Number 378, Waller County, Texas. Said |
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57.811 acres being a call 57.8006 acre tract of land recorded in the |
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name of Lawrence A. Jasek, Trustee in Volume 508, Page 498 of the |
|
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Official Public Records of Waller County (O.P.R.W.C.). Said 57.811 |
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acres being more particularly described by metes and bounds as |
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follows (bearings are referenced to the Texas Coordinate System of |
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1983, South Central Zone, based on GPS observations): |
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COMMENCING at a 1/2 inch iron pipe found at the southwest corner of |
|
|
a call 575.411 acre tract of land recorded in the name of Kenneth R. |
|
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Jasek and Joanna H. Jasek in Harris County Clerk's File (H.C.C.F.) |
|
|
Number 20070005783, the southeast corner of a call 628.479 acre |
|
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tract of land recorded in the name of Malladi Reddy in Volume 1366, |
|
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Page 688 of the O.P.R.W.C., on the north right-of-way (R.O.W.) line |
|
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of F.M. 529 (120-foot wide) and being on the common line between |
|
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said J.R. Garrett Survey and the H.&T.C. R.R. Company Survey |
|
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Section 113, Abstract Number 173, Waller County, Texas from which a |
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2 inch iron pipe found at the southeast corner of said 575.411 acre |
|
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tract and on the west line of a call 16.478 acre tract of land |
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recorded in the name of Roger Earl Haigh and Clifford Haigh in |
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H.C.C.F. Number RP-2017-134466 bears North 87 degrees 59 minutes 59 |
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seconds East, a distance of 5,280.04 feet; |
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THENCE, with said common survey line and the common line between |
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said 575.411 and 628.479 acre tracts, North 01 degree 59 minutes 44 |
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|
seconds West, a distance of 4,266.50 feet to a 5/8 inch capped iron |
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|
rod stamped "GBI Partners" set at the southwest corner of said |
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|
57.8006 acre tract and the POINT OF BEGINNING of the herein |
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|
described tract; |
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|
THENCE, continuing with said common survey line and the common line |
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|
between said 575.411 and 628.479 acre tracts, North 01 degree 59 |
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|
minutes 44 seconds West (call North), a distance of 953.71 feet to a |
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|
1/2 inch iron pipe found at the common corner of said 57.8006 acre |
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|
tract, a call 364.14 acre tract of land recorded in the name of Katy |
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|
Prairie Conservancy in Volume 1334, Page 254 of the O.P.R.W.C. and a |
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|
call 401.115 acre tract of land recorded in the name of Charles A. |
|
|
Menke, et al. in File Number 1700611 of the O.P.R.W.C., and being at |
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|
the common corner of said J.R. Garrett Survey, said H.&T.C. R.R. |
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|
Company Survey, Section 113, the H.&T.C. R.R. Company Survey, |
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|
Section 117, Abstract Number 199, Waller County, Texas and the J.R. |
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|
Garrett Survey, Abstract Number 377, Waller County, Texas; |
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|
THENCE, with the common line between said 57.8006 and 364.14 acre |
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|
tracts, North 87 degrees 59 minutes 57 seconds East, a distance of |
|
|
2,640.09 feet (call East, a distance of 2,640.00 feet) to a 3/4 inch |
|
|
iron pipe found at the most northerly northwest corner of aforesaid |
|
|
575.411 acre tract and the northeast corner of said 57.8006 acre |
|
|
tract; |
|
|
THENCE, with the common lines between said 57.8006 acre tract and |
|
|
said 575.411 acre tract the following two (2) courses: |
|
|
1) South 01 degree 59 minutes 55 seconds East, a distance of 953.96 |
|
|
feet (call South, a distance of 953.71 feet) to a 1/2 inch iron pipe |
|
|
found at an interior corner of said 575.411 acre tract and the |
|
|
southeast corner of said 57.8006 acre tract; |
|
|
2) South 88 degrees 00 minutes 16 seconds West (call West), at |
|
|
2,580.14 feet pass a 6 inch iron pipe found for reference and |
|
|
continuing for a total distance of 2,640.14 feet (call 2,640.00 |
|
|
feet) to the POINT OF BEGINNING and containing 57.811 acres of land. |
|
|
Tract 3: |
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|
Being a tract containing 253.905 acres of land located in the J.R. |
|
|
Garrett Survey, Abstract Number 378, Waller County, Texas. Said |
|
|
253.905 acres being a portion of a call 575.411 acre tract of land |
|
|
recorded in the name of Kenneth R. Jasek and Joanna H. Jasek in |
|
|
Harris County Clerk's File (H.C.C.F.) Number 20070005783. Said |
|
|
253.905 acres being more particularly described by metes and bounds |
|
|
as follows (bearings are referenced to the Texas Coordinate System |
|
|
of 1983, South Central Zone, based on GPS observations): |
|
|
BEGINNING at a 1/2 inch iron pipe found at the southwest corner of |
|
|
said 575.411 acre tract, the southeast corner of a call 628.479 acre |
|
|
tract of land recorded in the name of Malladi Reddy in Volume 1366, |
|
|
Page 688 of the O.P.R.W.C., on the north right-of-way (R.O.W.) line |
|
|
of F.M. 529 (120-foot wide) and being on the common line between |
|
|
said J.R. Garrett Survey, A-378 and the H.&T.C. R.R. Company |
|
|
Survey, Section 113, Abstract Number 173, Waller County, Texas; |
|
|
THENCE, with said common survey line and the common line between |
|
|
said 575.411 and 628.479 acre tracts, North 01 degree 59 minutes 44 |
|
|
seconds West (call North 00 degrees 07 minutes 20 seconds East), a |
|
|
distance of 3,767.97 feet to a 5/8 inch capped iron rod stamped "GBI |
|
|
Partners" set from which a 1/2 inch iron pipe found at the common |
|
|
corner of said 628.479 acres, a call 57.8006 acre tract of land |
|
|
recorded in the name of Lawrence A. Jasek, Trustee in Volume 508, |
|
|
Page 498 of the Official Public Records of Waller County |
|
|
(O.P.R.W.C.), a call 364.14 acre tract of land recorded in the name |
|
|
of Katy Prairie Conservancy in Volume 1334, Page 254 of the |
|
|
O.P.R.W.C. and a call 401.115 acre tract of land recorded in the |
|
|
name of Charles A. Menke, et al. in File Number 1700611 of the |
|
|
O.P.R.W.C., and being at the common corner of said J.R. Garrett |
|
|
Survey, said H.&T.C.R.R. Company Survey, Section 113, the |
|
|
H.&T.C.R.R. Company Survey, Section 117, Abstract Number 199, |
|
|
Waller County, Texas and the J.R. Garrett Survey, Abstract Number |
|
|
377, Waller County, Texas bears North 01 degree 59 minutes 44 |
|
|
seconds West, a distance of 1,452.24 feet; |
|
|
THENCE, through and across said 575.411 acre tract, the following |
|
|
six (6) courses: |
|
|
1) South 77 degrees 09 minutes 13 seconds East, a distance of |
|
|
1,300.48 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
|
|
set; |
|
|
2) North 88 degrees 18 minutes 44 seconds East, a distance of |
|
|
972.41 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
|
|
set; |
|
|
3) South 42 degrees 21 minutes 49 seconds East, a distance of |
|
|
717.67 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
|
|
set; |
|
|
4) South 02 degrees 48 minutes 36 seconds East, a distance of |
|
|
1,456.14 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
|
|
set; |
|
|
5) North 89 degrees 11 minutes 37 seconds East, a distance of |
|
|
1,191.65 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
|
|
set; |
|
|
6) South 01 degree 56 minutes 25 seconds East, a distance of |
|
|
1,401.78 feet to a 5/8 inch capped iron rod stamped "GBI Partners" |
|
|
set on the aforesaid north R.O.W. line of F.M. 529 from which a 3/4 |
|
|
inch capped iron rod stamped "CenterPoint Energy" found at the |
|
|
southwest corner of a call 21.34 acre tract of land recorded in the |
|
|
name of CenterPoint Energy Houston Electric, LLC in File Number |
|
|
2206806 of the O.P.R.W.C. bears North 87 degrees 59 minutes 59 |
|
|
seconds East, a distance of 300.00 feet; |
|
|
THENCE, with said north R.O.W. line, South 87 degrees 59 minutes 59 |
|
|
seconds West (call North 89 degrees 52 minutes 51 seconds West), a |
|
|
distance of 3,905.05 feet to the POINT OF BEGINNING and containing |
|
|
253.905 acres of land. |
|
|
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 |
|
|
8006A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 8006A.0307 to read as |
|
|
follows: |
|
|
Sec. 8006A.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. |