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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 218; 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 8025A to read as follows: |
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CHAPTER 8025A. MONTGOMERY COUNTY MUNICIPAL UTILITY |
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DISTRICT NO. 218 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8025A.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 Montgomery County Municipal |
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Utility District No. 218. |
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Sec. 8025A.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. 8025A.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. 8025A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8025A.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. 8025A.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. 8025A.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. 8025A.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 8025A.0202, directors |
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serve staggered four-year terms. |
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Sec. 8025A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Timothy Jones; |
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(2) Chris Howard; |
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(3) Jennifer Cleveland; |
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(4) Nikki Williams; and |
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(5) Jake Trice. |
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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 8025A.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 8025A.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 8025A.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. 8025A.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. 8025A.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. 8025A.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. 8025A.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. 8025A.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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8025A.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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8025A.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. 8025A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8025A.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. 8025A.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. 8025A.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. 8025A.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. 8025A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Montgomery County Municipal Utility District |
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No. 218 initially includes all the territory contained in the |
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following area: |
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A METES & BOUNDS description of a certain 155.6 acre |
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(6,780,048 square feet) tract of land situated in the Archibald M. |
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Alexander Survey, Abstract No. 1, in Montgomery County, Texas, |
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being all of the called 155.6 acre tract conveyed to Magnolia Forest |
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TX, LLC, by deed recorded Clerk's File No. 2021020708, Montgomery |
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County Official Public Records, also being a portion of the |
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remainder of a called 190.65 acre tract conveyed to Randal A. |
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Hendricks, Trustee, by deed recorded in Volume 768, Page 535, |
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Montgomery County Deed Records; said 155.6 acre (6,780,048 square |
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feet) tract of land being more particularly described as follows |
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with all bearings being based on the Texas Coordinate System, |
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Central Zone, NAD 83: |
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BEGINNING at a 1/2-inch pinched iron pipe found, being an |
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interior corner of the remainder of said called 190.65 acre tract, |
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being the north corner of a called 9.5937 acre tract conveyed to |
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Matthew Christopher Doetsch and Sara-Anne Doetsch by deed recorded |
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in Clerk's File No. 2020013669, Montgomery County Official Public |
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Records, being on the southwest right-of-way line of Jackson Road |
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(based on a width of 100 feet) recorded in Volume 340, Page 175, |
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Montgomery County Deed Records, and being the easterly northeast |
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corner of the herein described tract; |
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THENCE, South 59°58'02" West, 929.16 feet to a 1-inch pinched |
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iron pipe found, being the northwest corner of said called 9.5937 |
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acre tract and being an interior corner of the remainder of said |
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called 190.65 acre tract; |
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THENCE, South 25°02'43" West, 330.15 feet to a 1-inch pinched |
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iron pipe found, being an interior corner of the remainder of said |
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called 190.65 acre tract, being the southwest corner of said called |
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9.5937 acre tract, and being on the northeast line of the remainder |
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of said called 190.65 acre tract; |
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THENCE, South 64°02'02" East, at 366.28 feet passing the most |
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southerly corner of said called 9.5937 acre tract and the northwest |
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corner of a called 15.0463 acre tract conveyed to Yibiao Lu and Yi |
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Zhou by deed recorded in Clerk's File No. 2013103816, Montgomery |
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County Official Public Records, from which a 5/8- inch iron rod |
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(with cap) found bears North 34°04' East, 0.4 feet, at 1,102.42 feet |
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passing a 1/2-inch pinched iron pipe found, continuing for a total |
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distance of 1,583.62 feet to a 5/8-inch iron rod with cap found, |
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being the southeast corner of said called 15.0463 acre tract and |
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being the southwest corner of a called 10.011 acre tract conveyed to |
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Gunther Von Gynz-Rekowski and Kathrin Von Gynz-Rekowski by deed |
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recorded in Clerk's File No. 99005077, Montgomery County Official |
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Public Records of Real Property; |
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THENCE, North 76°39'11" East, at 653.42 feet passing a point |
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on the south line of said called 10.011 acre tract, from which a |
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5/8-inch iron rod found bears South 13°21' East, 1.8 feet, |
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continuing for a total distance of 742.36 feet to the southeast |
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corner of said called 10.011 acre tract, being an interior corner of |
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the remainder of said called 190.65 acre tract and being on the |
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southwest right-of-way line of said Jackson Road, from which a |
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5/8-inch iron rod found bears South 16°43' East, 1.6 feet; |
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THENCE, South 43°03'37" East, 1,745.92 feet to a 5/8-inch iron |
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rod with cap found, being the southeast corner of the remainder of |
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said called 190.65 acre tract, being the northeast corner of a |
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called 15.5190 acre tract (Tract I) conveyed to Charles Saunders by |
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deed recorded in Clerk's File No. 2020142207, Montgomery County |
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Official Public Records, being the northeast corner of a called |
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0.5487 acre tract (Tract II) conveyed to Charles Saunders by deed |
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recorded in Clerk's File No. 2020142207, Montgomery County |
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Official Public Records, being on the southwest right-of-way line |
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of said Jackson Road, and being the southeast corner of the herein |
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described tract, from which a 1/2-inch iron rod (with cap) found |
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bears South 87°57' West, 5.2 feet; |
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THENCE, South 87°56'36" West, 4,133.89 feet to a 1/2-inch iron |
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rod (with cap) found, being the northwest corner of said called |
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15.5190 acre tract (Tract I), being an interior corner of the |
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remainder of a called 7,395.018 acre tract conveyed to Charles |
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Eugene Campbell, individually and as independent executor of the |
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estate of Margie Campbell, deceased and as trustee of the exempt |
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Charles Eugene Campbell Marital Trust and as trustee of the |
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non-exempt Charles Eugene Campbell Marital Trust, by deed recorded |
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in Clerk's File No. 2002-136821, Montgomery County Official Public |
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Records of Real Property, being the southwest corner of the |
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remainder of said called 190.65 acre tract, and being the southwest |
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corner of the herein described tract; |
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THENCE, North 02°18'24" West, 1,349.49 feet to a 5/8-inch iron |
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rod with cap found, being on the east line of the remainder of said |
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called 7,395.018 acre tract and being on the west line of the |
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remainder of said called 190.65 acre tract; |
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THENCE, North 03°13'24" West, at 1,040.41 feet passing the |
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southwest corner of the remainder of a called 45.000 acre tract |
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described in substitute trustee's deed to Randal A. Hendricks, |
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Trustee recorded in Clerk's File No. 8820944, Montgomery County |
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Official Public Records of Real Property, being on the east line of |
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the remainder of said called 7,395.018 acre tract and being the |
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northwest corner of the remainder of said called 190.65 acre tract, |
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from which a 1/2-inch iron rod found bears South 86°47' West, 2.8 |
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feet, continuing for a total distance of 1,488.14 feet to a 5/8-inch |
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iron rod found, being on the east line of the remainder of said |
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called 7,395.018 acre tract, being the northwest corner of the |
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remainder of said called 190.65 acre tract, being the southwest |
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corner of a called 11.67 acre tract conveyed to Walter Jewell Bell, |
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Jr. by deed recorded in Volume 825, Page 383, Montgomery County Deed |
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Records, and being the northwest corner of the herein described |
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tract; |
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THENCE, North 86°15'07" East, 1,661.40 feet to the southeast |
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corner of said called 11.67 acre tract, being the northeast corner |
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of the remainder of said called 190.65 acre tract, being on the |
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southwest right-of-way line of said Jackson Road, and being the |
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northerly northeast corner of the herein described tract, from |
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which a 1/2-inch iron rod found bears North 86°15' East, 0.5 feet; |
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THENCE, South 43°03'37" East, 318.43 feet to the POINT OF |
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BEGINNING, CONTAINING 155.6 acres (6,780,048 square feet) of land |
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in Montgomery County, Texas filed in the offices of Elevation Land |
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Solutions in The Woodlands, Texas. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8025A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8025A.0306 to read as |
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follows: |
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Sec. 8025A.0306. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 5391 was passed by the House on May 9, |
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2023, by the following vote: Yeas 110, Nays 32, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5391 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 27, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |