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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 Waller County Municipal Utility |
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District No. 55; 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 8008A to read as follows: |
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CHAPTER 8008A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 55 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8008A.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 Waller County Municipal |
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Utility District No. 55. |
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Sec. 8008A.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. 8008A.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. 8008A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8008A.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. 8008A.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. 8008A.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. 8008A.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 8008A.0202, directors |
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serve staggered four-year terms. |
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Sec. 8008A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Rick Hale; |
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(2) Michele Shirley; |
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(3) Bailey Cuedo; |
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(4) Carol Cafferty; and |
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(5) Robert Utter. |
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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 8008A.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 8008A.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 8008A.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. 8008A.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. 8008A.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. 8008A.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. 8008A.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. 8008A.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. 8008A.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. 8008A.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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8008A.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. 8008A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8008A.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. 8008A.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. 8008A.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. 8008A.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. 8008A.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 Waller County Municipal Utility District |
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No. 55 initially includes all the territory contained in the |
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following area: |
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TRACT I: |
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A METES & BOUNDS description of a 1,009.43 acre tract of land |
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in the H. & T. C. Railroad Company Survey Section 123, Abstract 202, |
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Waller County, Texas, and the T. S. Reese Survey, Abstract 332, |
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Waller County, Texas, being comprised of portions of that certain |
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called 484.16 acre tract recorded under County Clerk's File Number |
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2111635, Official Public Records, Waller County, Texas, portions of |
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that certain called 320 acre tract, called 195.506 acre tract, and |
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called 11.98 acre tract recorded under County Clerk's File Number |
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2211947, Official Public Records, Waller County, Texas, with all |
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bearings based upon the Texas Coordinate System of 1983, South |
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Central Zone, based upon GPS observations. |
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Commencing at a point in the intersection of Morton Road and |
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Bartlett Road for the northeast corner of said H. & T. C. Railroad |
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Company Surveying Section 123, Abstract 202, same being the |
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southeast corner of the adjoining T. S. Reese Survey, Abstract 333, |
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and the northwest corner of the adjoining Fred Eule Survey, |
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Abstract 376, being the northwest corner of an adjoining called |
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81.8452 acre tract recorded in Volume 1012, Page 543, Official |
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Records, Waller County, Texas; |
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Thence South 02 degrees 06 minutes 07 seconds East along the |
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east line of said Section 123, same being the west line of said |
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adjoining Fred Eule Survey, Abstract 376, and the west line of said |
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adjoining called 81.8452 acre tract, as located in Bartlett Road, |
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1,981.19 feet to a point for the lower northeast corner of said |
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called 484.16 acre tract, for the lower northeast corner and Place |
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of Beginning of the herein described tract, said point being the |
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southeast corner of an adjoining called 10.00 acre tract recorded |
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under County Clerk's File Number 1809163, Official Public Records, |
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Waller County, Texas; |
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Thence South 02 degrees 06 minutes 07 seconds East along the |
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east line of the herein described tract and the east line of said |
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called 484.16 acre tract, same being the west line of said adjoining |
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Fred Eule Survey, Abstract 376 and said adjoining called 81.8452 |
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acre tract, as located in Bartlett Road, at 477.77 feet pass a the |
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southwest corner of said adjoining called 81.8452 acre tract, same |
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being the northwest corner of the adjoining residue of a called |
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40.8759 acre tract recorded in Volume 995, Page 449, Official |
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Records, Waller County, Texas, at 1,193.40 feet pass the southwest |
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corner of said adjoining residue of a called 40.8759 acre tract and |
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the southwest corner of said adjoining Fred Eule Survey, Abstract |
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376, same being the northwest corner of the adjoining W. I. |
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Williamson Survey, Abstract 396, and the northwest corner of an |
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adjoining called 10.2190 acre tract recorded under County Clerk's |
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File Number 1600639, Official Public Records, Waller County, Texas, |
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at 1,431.59 feet pass the southwest corner of said adjoining called |
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10.2190 acre tract, same being the northwest corner of an adjoining |
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called 80.02 acre tract recorded under County Clerk's File Number |
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1501213, Official Public Records, Waller County, Texas, and |
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continuing for a total distance of 3,298.28 feet to the southeast |
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corner of the herein described tract, the southeast corner of said |
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called 484.16 acre tract, and the southeast corner of said Section |
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123, same being the southwest corner of said adjoining W. I. |
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Williamson Survey, Abstract 396 and said adjoining called 80.02 |
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acre tract, the northwest corner of the adjoining H. & T. C. |
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Railroad Company Survey Section 125, Abstract 203, being the |
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northwest corner of an adjoining called 160.37 acre tract recorded |
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in Volume 1384, Page 805, Official Records, Waller County, Texas, |
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and the northeast corner of the adjoining T. S. Reese Survey, |
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Abstract 334, being the northeast corner of an adjoining called 454 |
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acre tract recorded in Volume 553, Page 96, Official Records, |
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Waller County, Texas; |
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Thence South 87 degrees 54 minutes 48 seconds West along the |
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south line of the herein described tract, the south line of said |
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called 484.16 acre tract, and the south line of said Section 123, |
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same being the north line of said adjoining T. S. Reese Survey, |
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Abstract 334, and said adjoining called 454 acre tract, 5,298.21 |
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feet to the southwest corner of said called 484.16 acre tract, and |
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the southwest corner of said Section 123, same being the northwest |
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corner of said adjoining T. S. Reese Survey, Abstract 334, and said |
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adjoining called 454 acre tract, the northeast corner of the |
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adjoining H. & T. C. Railroad Company Survey Section 108, Abstract |
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295, being the northeast corner of an adjoining called 11.5164 acre |
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tract recorded under County Clerk's File Number 1908706, Official |
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Public Records, Waller County, Texas, and the southeast corner of |
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said T. S. Reese Survey, Abstract 332, being the southeast corner of |
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said called 195.506 acre tract; |
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Thence South 87 degrees 56 minutes 46 seconds West along the |
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south line of the herein described tract, the south line of said |
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called 195.506 acre tract, the south line of said called 320 acre |
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tract, and the south line of said T. S. Reese Survey, Abstract 332, |
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same being the north line of said adjoining H. & T. C. Railroad |
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Company Survey Section 108, Abstract 295, the north line of said |
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adjoining called 11.5164 acre tract, the north line of the |
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adjoining Remington Trails Section Three, according to map or plat |
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thereof recorded in Volume 658, Page. 396, Official Records, Waller |
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County, Texas, and the north line of the adjoining Remington Trails |
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Section Four, according to map or plat thereof recorded in Volume |
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658, Page 398, Official Records, Waller County, Texas, 5,206.89 |
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feet to a point for the southwest corner of the herein described |
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tract, being in the east right-of-way line of F. M. Highway 2855 |
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(103-feet wide this location); |
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Thence North 02 degrees 07 minutes 07 seconds West along the |
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east right-of-way line of F. M. Highway 2855, 4,718.43 feet to an |
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angle point; |
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Thence North 04 degrees 26 minutes 29 seconds West continuing |
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along the east right-of-way line of F. M. Highway 2855, 529.56 feet |
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to a point for the northwest corner of the herein described tract, |
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being at the intersection of the east right-of-way line of F. M. |
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Highway 2855 and the south right-of-way line of Morton Road (width |
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varies); |
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Thence North 87 degrees 55 minutes 39 seconds East generally |
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along the approximate south right-of-way line of Morton Road, |
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969.07 feet to a point for corner; |
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Thence South 02 degrees 09 minutes 00 seconds East, 586.03 |
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feet to a point for corner; |
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Thence North 88 degrees 02 minutes 55 seconds East, 365.38 |
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feet to a point for corner; |
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Thence North 01 degree 55 minutes 52 seconds West, 586.82 |
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feet to a point for corner; |
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Thence North 87 degrees 55 minutes 31 seconds East generally |
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along the approximate south right-of-way line of Morton Road, |
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1,261.15 feet to a point for the most westerly northeast corner of |
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the herein described tract, being in the east line of said called |
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320 acre tract, same being the west line of an adjoining called 120 |
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acre tract recorded under County Clerk's File Number 2211948, |
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Official Public Records, Waller County, Texas; |
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Thence along the common line of the herein described tract |
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and said adjoining called 120 acre tract with the following courses |
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and distances: |
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South 02 degrees 06 minutes 39 seconds East, 2,610.83 |
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feet; |
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North 87 degrees 53 minutes 27 seconds East, 1,343.38 |
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feet; |
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North 02 degrees 26 minutes 26 seconds West, 408.72 |
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feet; |
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North 02 degrees 35 minutes 36 seconds West, 909.75 |
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feet; |
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North 87 degrees 53 minutes 20 seconds East, 1,304.79 |
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feet to a point for a reentry corner to the herein described tract, |
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being in the east line of said T. S. Reese Survey, Abstract 332, |
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same being the west line of said H. & T. C. Railroad Company Survey |
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Section 123, Abstract 202; |
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Thence North 02 degrees 00 minutes 38 seconds West along the |
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east line of said T. S. Reese Survey, Abstract 332, same being the |
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west line of said H. & T. C. Railroad Company Survey Section 123, |
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Abstract 202, as located in an extension of Schlipf Road, 1,131.15 |
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feet to a point for corner; |
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Thence North 88 degrees 03 minutes 18 seconds East along the |
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north line of said called 11.98 acre tract, same being the south |
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line of an adjoining called 1.360 acre tract recorded in Volume 388, |
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Page 517, Deed Records, Waller County, Texas, 395.12 feet to the |
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northeast corner of said called 11.98 acre tract, being in the west |
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line of an adjoining called 4.6202 acre tract recorded in Volume |
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388, Page 522, Deed Records, Waller County, Texas; |
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Thence South 02 degrees 09 minutes 53 seconds East along the |
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common line of said called 11.98 acre tract and said adjoining |
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called 4.6202 acre tract, 238.37 feet to the southwest corner of |
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said adjoining called 4.6202 acre tract; |
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Thence North 87 degrees 56 minutes 16 seconds East along the |
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common line of the herein described tract and said adjoining called |
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4.6202 acre tract, 505.12 feet to the southeast corner of said |
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adjoining called 4.6202 acre tract; |
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Thence North 02 degrees 03 minutes 34 seconds West continuing |
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along said common line, 400.21 feet to a point on said line at its |
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intersection with the south right-of-way line of Morton Road for |
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corner; |
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Thence North 87 degrees 57 minutes 01 second East along the |
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south right-of-way line of Morton Road, 956.64 feet to a point for |
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corner, being in the west line of the adjoining residue of a called |
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618 acre tract recorded in Volume 384, Page 846, Deed Records, |
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Waller County, Texas; |
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Thence along the common line of the herein described tract |
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and said adjoining residue of a called 618 acre tract with the |
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following courses and distances: |
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South 01 degree 11 minutes 27 seconds East, 1,761.82 |
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feet; |
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South 89 degrees 58 minutes 42 seconds East, 368.50 |
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feet; |
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South 01 degree 11 minutes 27 seconds East, 91.37 feet; |
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South 84 degrees 09 minutes 03 seconds East, 801.87 |
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feet; |
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North 70 degrees 19 minutes 33 seconds East, 458.35 |
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feet; |
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North 02 degrees 04 minutes 53 seconds West, 897.90 |
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feet; |
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South 84 degrees 52 minutes 14 seconds East, 1,164.32 |
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feet to a point for corner, said point being in the west line of an |
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adjoining called 4.9366 acre tract recorded in Volume 1434, Page |
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650, Official Records, Waller County, Texas; |
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Thence South 01 degree 58 minutes 26 seconds East along an |
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easterly line of the herein described tract, same being the west |
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line of said adjoining called 4.9366 acre tract, 203.39 feet to the |
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southwest corner of said adjoining called 4.9366 acre tract; |
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Thence North 88 degrees 00 minutes 41 seconds East along the |
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south line of said adjoining called 4.9366 acre tract, 12.83 feet to |
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the northwest corner of the aforementioned adjoining called 10.00 |
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acre tract; |
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Thence South 02 degrees 06 minutes 07 seconds East along the |
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common line of the herein described tract and said adjoining called |
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10.00 acre tract, 660.00 feet to the southwest corner of said |
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adjoining called 10.00 acre tract; |
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Thence North 87 degrees 59 minutes 52 seconds East continuing |
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along said common line, 694.99 feet to the Place of Beginning and |
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containing 1,009.43 acres of land, |
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SAVE & EXCEPT the following tract: |
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A 10.30 acre tract of land in the H. & T. C. Railroad Company |
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Survey Section 123, Abstract 202, Waller County, Texas, being that |
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certain called 10.302 acre tract recorded in Volume 667, Page 566, |
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Deed Records, Waller County, Texas, with all bearing based on the |
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Texas Coordinate System of 1983, South Central Zone, based upon GPS |
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observations. |
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Commencing at the above-described southwest corner of the |
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aforementioned called 484.16 acre tract, and the southwest corner |
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of said Section 123, same being the northwest corner of the |
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adjoining T. S. Reese Survey, Abstract 334, and the aforementioned |
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adjoining called 454 acre tract, the northeast corner of the |
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adjoining H. & T. C. Railroad Company Survey Section 108, Abstract |
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295, being the northeast corner of the aforementioned adjoining |
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called 11.5164 acre tract, and the southeast corner of said T. S. |
|
Reese Survey, Abstract 332, being the southeast corner of the |
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aforementioned called 195.506 acre tract; |
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Thence North 02 degrees 00 minutes 38 seconds West along the |
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west line of said called 484.16 acre tract, and the west line of |
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said Section 123, same being the east line of said T. S. Reese |
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Survey, Abstract 332, and the east line of said called 195.506 acre |
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tract, as located in and along an apparent extension of Schlipf |
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Road, 1,465.60 feet to a point on said line; |
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Thence North 87 degrees 59 minutes 23 seconds East departing |
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said line, 25.00 feet to the southwest corner of the aforementioned |
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called 10.302 acre tract for the southwest corner and Place of |
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Beginning of the herein described 10.30 acre Save & Except tract; |
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Thence North 87 degrees 59 minutes 23 seconds East along the |
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south line of said called 10.302 acre tract, 660.00 feet to the |
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southeast corner of said called 10.302 acre tract; |
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Thence North 05 degrees 15 minutes 05 seconds West along the |
|
east line of said adjoining called 10.302 acre tract, 560.66 feet to |
|
an angle point; |
|
Thence North 18 degrees 08 minutes 16 seconds West continuing |
|
along said line, 151.08 feet to the northeast corner of said called |
|
10.302 acre tract; |
|
Thence South 88 degrees 00 minutes 36 seconds West along the |
|
north line of said called 10.302 acre tract, 586.34 feet to the |
|
northwest corner of said called 10.302 acre tract; |
|
Thence South 02 degrees 00 minutes 38 seconds East along the |
|
west line of said called 10.302 acre tract, 705.10 feet to the Place |
|
of Beginning and containing 10.30 acres of land, for a net acreage |
|
of 999.13 acres of land, more or less. |
|
TRACT II: |
|
A METES & BOUNDS description of a 130.64 acre tract of land in |
|
the H. & T. C. Railroad Company Survey Section 109, Abstract 171, |
|
Waller County, Texas, being that certain called 130.647 acre tract |
|
recorded under County Clerk's File Number 2110116, Official Public |
|
Records, Waller County, Texas, with all bearings based upon the |
|
Texas Coordinate System of 1983, South Central Zone, based upon GPS |
|
observations. |
|
Beginning at the southwest corner of said called 130.647 acre |
|
tract, being at the intersection of the north right-of-way line of |
|
Morton Road and the east right-of-way line of F. M. Highway 2855, |
|
for the southwest corner and Place of Beginning of the herein |
|
described tract; |
|
Thence North 02 degrees 00 minutes 01 second West along the |
|
west line of said called 130.647 acre tract, same being the east |
|
right-of-way line of F. M. Highway 2855, 2,620.88 feet to the |
|
northwest corner of said called 130.647 acre tract, same being the |
|
southwest corner of an adjoining called 217.545 acre tract recorded |
|
under County Clerk's File Number 1909653, Official Public Records, |
|
Waller County, Texas; |
|
Thence North 88 degrees 00 minutes 31 seconds East along the |
|
upper north line of said called 130.647 acre tract, same being the |
|
south line of said adjoining called 217.5458 tract, 1,688.80 feet |
|
to the northwest corner of an adjoining called 25.00 acre tract |
|
recorded in Volume 1301, Page 590, Official Public Records, Waller |
|
County, Texas; |
|
Thence South 01 degree 59 minutes 35 seconds East along the |
|
west line of said adjoining called 25.00 acre tract, 1,210.00 feet |
|
to the southwest corner of said adjoining called 25.00 acre tract; |
|
Thence North 88 degrees 02 minutes 06 seconds East along the |
|
south line of said adjoining called 25.00 acre tract, 900.03 feet to |
|
the southeast corner of said adjoining called 25.00 acre tract, |
|
being in the west line of an adjoining called 58.96 acre tract |
|
recorded under County Clerk's File Number 1909457, Official Public |
|
Records, Waller County, Texas; |
|
Thence South 02 degrees 00 minutes 07 seconds East along the |
|
west line of said adjoining called 58.96 acre tract, 1,406.71 feet |
|
to the southwest corner of said adjoining called 58.96 acre tract, |
|
same being the southeast corner of said called 130.647 acre tract, |
|
and being in the north right-of-way line of Morton Road; |
|
Thence South 87 degrees 55 minutes 32 seconds West along the |
|
north right-of-way line of Morton Road, 2,588.72 feet to the Place |
|
of Beginning and containing 130.64 acres of land, more or less. |
|
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 |
|
8008A, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8008A.0307 to read as |
|
follows: |
|
Sec. 8008A.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. |
|
|
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* * * * * |