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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 Liberty County Municipal Utility |
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District No. 5. |
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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 8185 to read as follows: |
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CHAPTER 8185. LIBERTY COUNTY MUNICIPAL |
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UTILITY DISTRICT NO. 5 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8185.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a board member. |
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(3) "District" means the Liberty County Municipal |
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Utility District No. 5. |
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Sec. 8185.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Liberty County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8185.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8185.023 before September 1, 2012: |
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(1) the district is dissolved September 1, 2012, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Liberty County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2015. |
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Sec. 8185.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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All land and other property in the district will benefit from the |
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works and projects to be accomplished by the district under powers |
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conferred by Section 59, Article XVI, Texas Constitution. |
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(b) The district is created to serve a public use and |
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benefit. |
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Sec. 8185.005. 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 creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the act creating 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: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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other indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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[Sections 8185.006-8185.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8185.021. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2007, a person who owns land in the district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as temporary directors the |
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five persons named in the first petition received by the commission |
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under Subsection (a). |
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(c) If a temporary director fails to qualify for office or |
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if a vacancy occurs in the office of temporary director, the vacancy |
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shall be filled as provided by Section 49.105, Water Code. |
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(d) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8185.023; or |
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(2) the date this chapter expires under Section |
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8185.003. |
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Sec. 8185.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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directors shall meet at a location in the district agreeable to a |
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majority of the directors. If a location cannot be agreed upon, the |
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meeting shall be at the Liberty County Courthouse. At the meeting, |
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the temporary directors shall elect officers from among the |
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temporary directors and conduct any other district business. |
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Sec. 8185.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation and initial directors' election held under this |
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section. |
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Sec. 8185.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8185.023 shall draw lots to |
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determine which two serve until the first regularly scheduled |
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election of directors under Section 8185.052 and which three shall |
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serve until the second regularly scheduled election of directors. |
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Sec. 8185.025. FIRST REGULARLY SCHEDULED ELECTION OF |
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DIRECTORS. The board by order may postpone the first election under |
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Section 8185.052 following the confirmation and initial directors' |
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election held under Section 8185.023 if: |
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(1) the election would otherwise occur not later than |
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the 60th day after the date on which the confirmation election is |
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held; or |
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(2) the board determines that there is not sufficient |
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time to comply with the requirements of law and to order the |
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election. |
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Sec. 8185.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2015. |
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[Sections 8185.027-8185.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8185.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8185.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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[Sections 8185.053-8185.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8185.101. 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. 8185.102. UTILITIES. The district may not impose an |
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impact fee or assessment on the property, equipment, rights-of-way, |
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facilities, or improvements of: |
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(1) an electric utility as defined by Section 31.002, |
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Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a cable operator as defined by 47 U.S.C. Section |
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522. |
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Sec. 8185.103. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section |
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54.016, Water Code, the district shall comply with all valid and |
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applicable requirements of any ordinance or resolution adopted by a |
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municipality in the corporate limits or extraterritorial |
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jurisdiction of which the district is located, including an |
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ordinance or resolution adopted before September 1, 2007, that |
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consents to the creation of the district or to the inclusion of |
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lands within the district. |
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SECTION 2. The Liberty County Municipal Utility District |
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No. 5 includes all the territory contained in the following area: |
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BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING |
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628.863 ACRES OF LAND SITUATED IN THE I. & G. N. RAILROAD Co. |
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SECTION 7, ABSTRACT No. 288, LIBERTY COUNTY, TEXAS, AND IN THE |
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BEASLEY PRUITT SURVEY, ABSTRACT No. 97 AND BEING OUT AND A PART OF |
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THAT CERTAIN TRACT DESCRIBED AS TRACT L-8 IN A DEED FROM |
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INTERNATIONAL PAPER COMPANY TO FORMER CHAMPLANDS, LLC. AS DESCRIBED |
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IN VOLUME 1902, PAGE 584 OFFICIAL PUBLIC RECORDS LIBERTY COUNTY, |
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TEXAS; SAID 628.863 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY |
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METES AND BOUNDS AS FOLLOWS, TO-WIT: |
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COMMENCING at a concrete monument found in the Northwest |
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margin of Farm Market Road No. 1008 and being in the North line of |
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the Town of Liberty North League, Abstract No.356 and in the South |
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line of the Beasley Pruitt Survey, Abstract No. 97 and being the |
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Northeast corner of that certain called 5.45 acre tract as |
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described in Volume 804, Page 704 Deed Records Liberty County, |
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Texas same being the Southeast corner of the parent tract; |
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THENCE SOUTH 86 DEGREES 46 MINUTES 51 SECONDS WEST, a |
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distance of 295.08 feet with the North line of the above mentioned |
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5.45 acre tract to a concrete monument found for the Southeast |
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corner of a called 10.47 acre tract as described in Volume 436, Page |
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264 Deed Records Liberty County, Texas; |
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THENCE NORTH 02 DEGREES 58 MINUTES 59 SECONDS WEST, a |
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distance of 821.62 feet with the East line of said 10.47 acre tract |
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to a concrete monument found for the Northeast corner of said 10.47 |
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acre tract; |
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THENCE SOUTH 86 DEGREES 53 MINUTES 58 SECONDS WEST, a |
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distance of 291.62 feet with the North line of said 10.47 acre tract |
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to a point in the East line of the Dayton E.T.J. and the West line of |
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the Dayton City Limits same being the PLACE OF BEGINNING of this |
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tract herein described tract; |
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THENCE SOUTH 86 DEGREES 53 MINUTES 58 SECONDS WEST, a |
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distance of 234.59 feet continuing with the North line of said 10.47 |
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acre tract to a concrete monument found for the Northwest corner of |
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said 10.47 acre tract; |
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THENCE SOUTH 02 DEGREES 57 MINUTES 31 SECONDS EAST, a |
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distance of 287.28 feet with the West line of 10.47 acre tract to a |
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point in the East line of the Dayton E.T.J. and the West line of the |
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Dayton City Limits; |
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THENCE SOUTH 36 DEGREES 13 MINUTES 07 SECONDS WEST, a |
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distance of 696.59 feet with the common line of said Dayton E.T.J. |
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and the Dayton City Limits line to a point in the South line of said |
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Pruitt Survey and the North line of said Town of Liberty North |
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League; |
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THENCE SOUTH 86 DEGREES 39 MINUTES 45 SECONDS WEST, a |
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distance of 4555.63 feet with the common line of said Pruitt Survey |
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and Town of Liberty North League to a point in the center of Linney |
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Creek; |
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THENCE UP LINNEY CREEK WITH IT'S MEANDERS IN A NORTHWESTERLTY |
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DIRECTION AS FOLLOWS: |
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THENCE NORTH 50 DEGREES 09 MINUTES 30 SECONDS WEST, a |
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distance of 163.69 feet to a meander point; |
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THENCE NORTH 45 DEGREES 37 MINUTES 37 SECONDS WEST, a |
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distance of 143.60 feet to a meander point; |
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THENCE NORTH 32 DEGREES 27 MINUTES 18 SECONDS WEST, a |
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distance of 72.97 feet to a meander point; |
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THENCE NORTH 44 DEGREES 58 MINUTES 01 SECONDS WEST, a |
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distance of 80.73 feet to a meander point in the East line of that |
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certain tract of land conveyed to K. Robert Seaberg as described |
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under Clerk's File No. 2002055625 Official Public Records Liberty |
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County, Texas; |
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THENCE NORTH 02 DEGREES 42 MINUTES 27 SECONDS WEST, a |
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distance of 1371.66 feet to a concrete monument found for the |
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Northeast corner of said K. Robert Seaberg tract; |
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THENCE SOUTH 87 DEGREES 03 MINUTES 53 SECONDS WEST, a |
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distance of 3702.05 feet to a concrete monument found in the East |
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line of that certain tract of land described in Volume 977, Page 703 |
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Deed Records Liberty County, Texas situated in the I. & G. N. R.R. |
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Survey, Abstract No. 288 and being the Northwest corner of said K. |
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Robert Seaberg tract; |
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THENCE NORTH 03 DEGREES 52 MINUTES 55 SECONDS WEST, a |
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distance of 658.99 feet with the common line of said Pruitt Survey |
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and said I. & G. N. Survey to a 2 inch aluminum cap found for the |
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Northeast corner of that certain tract of land described in Volume |
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1574, Page 330 Official Public Records Liberty County, Texas; |
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THENCE SOUTH 88 DEGREES 32 MINUTES 00 SECONDS WEST, a |
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distance of 1569.68 feet with the North line of the above mentioned |
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tract to a point in the East line of the Dayton E.T.J. and the West |
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line of the Dayton City Limits; |
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THENCE NORTH 25 DEGREES 37 MINUTES 53 SECONDS WEST, a |
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distance of 248.66 feet with the common line said Dayton E.T.J. and |
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the Dayton City Limits line to a point in the South line of the |
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Charles E. Seaberg called second tract as described in Volume 1702, |
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Page 883 Official Public Records Liberty County, Texas; |
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THENCE NORTH 88 DEGREES 32 MINUTES 00 SECONDS EAST, a |
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distance of 1645.76 feet with the South line of said Charles E. |
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Seaberg tract to a 2 inch aluminum cap found in the West line of said |
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Pruitt Survey and the East line of said I. & G. N. Survey same being |
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the Southeast corner of said Charles E. Seaberg tract; |
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THENCE NORTH 03 DEGREES 52 MINUTES 11 SECONDS WEST, a |
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distance of 889.56 feet with the common line of said Pruitt Survey |
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and said I. & G. N. Survey to a concrete monument found for the |
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Southwest corner of that certain tract of land described in Volume |
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1628, Page 688 Official Public Records Liberty County Texas; |
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THENCE NORTH 86 DEGREES 35 MINUTES 54 SECONDS EAST, a |
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distance of 9879.41 feet with the South line of the above mentioned |
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tract to a concrete monument found for the Northeast corner of this |
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tract same being in the South line of that certain tract of land |
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described in Volume 1628, Page 702 Official Public Records Liberty |
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County Texas and being the Northwest corner of that certain tract of |
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land conveyed to Tom R. Kersh as described Volume 1355, Page 188 |
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Official Public Records Liberty County Texas; |
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THENCE SOUTH 03 DEGREES 29 MINUTES 41 SECONDS EAST, a |
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distance of 1223.82 feet with the West line of the above mentioned |
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tract to a 5/8 inch iron rod found for an angle point In the West |
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line of that certain tract of land as described in Volume 1244, Page |
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900 Official Public Records Liberty County Texas; |
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THENCE SOUTH 21 DEGREES 27 MINUTES 18 SECONDS WEST, a |
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distance of 1066.08 feet with the West line of the City of Dayton |
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tract to an axle found for the Southwest corner of that certain |
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tract of land conveyed to the City of Dayton as described in Volume |
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1346, Page 153 Official Public Records Liberty County Texas; |
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THENCE SOUTH 72 DEGREES 25 MINUTES 10 SECONDS EAST, a |
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distance of 201.66 feet with the South line of the above mentioned |
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City of Dayton tract to a point in the East line of the Dayton E.T.J. |
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and the West line of the Dayton City Limits; |
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THENCE SOUTH 36 DEGREES 13 MINUTES 37 SECONDS WEST, a |
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distance of 570.77 feet with the common line said Dayton E.T.J. and |
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the Dayton City Limits line to the PLACE OF BEGINNING and containing |
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27393252 square feet or 628.863 acres more or less. |
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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. This Act takes effect September 1, 2007. |