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AN ACT
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relating to the creation of the Harris County Municipal Utility |
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District No. 438; providing authority to impose a tax and issue |
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bonds; granting the power of eminent domain. |
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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 8234 to read as follows: |
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CHAPTER 8234. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 438 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8234.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Harris County Municipal |
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Utility District No. 438. |
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Sec. 8234.002. NATURE OF DISTRICT. (a) The district is a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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(b) The district, to the extent authorized by Section |
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8234.103 and Section 52, Article III, Texas Constitution, has road |
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powers. |
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Sec. 8234.003. CONFIRMATION ELECTION REQUIRED. The board |
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shall hold an election to confirm the creation of the district as |
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provided by Section 49.102, Water Code. |
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Sec. 8234.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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Sec. 8234.005. 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 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 a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8234.006-8234.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8234.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8234.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Shanna Martinez; |
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(2) Amelia Culwell; |
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(3) Gavin Cunningham; |
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(4) Howard F. Barrett-Smith; and |
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(5) Linda Brown. |
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(b) Unless the initial board agrees otherwise, the initial |
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directors shall draw lots to determine which two shall serve until |
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the first regularly scheduled election of directors and which three |
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shall serve until the second regularly scheduled election of |
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directors. |
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(c) This section expires September 1, 2014. |
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[Sections 8234.053-8234.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8234.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8234.102. 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. 8234.103. ROAD PROJECTS. (a) Under Section 52, |
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Article III, Texas Constitution, the district may finance, |
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construct, or acquire a road project as provided by this section. |
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(b) The district shall employ or contract with a licensed |
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engineer to certify whether a proposed road project meets the |
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criteria for a thoroughfare, arterial, or collector road of: |
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(1) a county in whose jurisdiction the proposed road |
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project is located; or |
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(2) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the proposed road project is |
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located. |
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(c) The district may finance, construct, or acquire a road |
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that has been certified by the licensed engineer as a thoroughfare, |
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arterial, or collector road, or any improvements in aid of the |
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certified road. |
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(d) A road project must meet all applicable standards, |
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regulations, ordinances, or orders of: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; and |
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(2) if the road project is not located in the corporate |
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limits of a municipality, each county in which the road project is |
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located. |
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(e) The district may, with the consent of the municipality |
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or county, convey a completed road project to: |
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(1) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; or |
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(2) a county in which the road project is located. |
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Sec. 8234.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution, adopted by the |
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governing body of a municipality under Section 54.016, Water Code, |
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that consents to the creation of the district or to the inclusion of |
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land in the district. |
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[Sections 8234.105-8234.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8234.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from a source |
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other than ad valorem taxation. |
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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 district voters voting at an |
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election held for that purpose. |
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Sec. 8234.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8234.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by Section 49.107, Water 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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[Sections 8234.153-8234.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8234.201. 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, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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Sec. 8234.202. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of a bond, note, or other |
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obligation issued or incurred to finance a road project may not |
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exceed one-fourth of the assessed value of real property in the |
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district according to the most recent certified tax appraisal roll |
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for Harris County. |
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Sec. 8234.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The Harris County Municipal Utility District No. |
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438 initially includes all the territory contained in the following |
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area: |
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Being 643.03 acres of land located in the J. A. Arnold Survey, |
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Section 28, Abstract No. 1378, Harris County, Texas and being a |
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portion of that land described in a conveyance to Margaret Rogers |
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recorded in Volume 1096, Page 758, Harris County Deed Records and |
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being all that land owned by Sunny Lee Matzinger and John L. |
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Mazinger and being described in a conveyance recorded under Harris |
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County Clerk's File Nos. J368304, further being all that land |
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described as 638.41 acres in a conveyance to Fry Road Venture, L.P. |
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recorded under Harris County Clerk's File No. Z078090, said 643.03 |
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acre tract being more particularly described by metes and bounds as |
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follows: |
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BEGINNING at a disturbed 1 inch iron pipe found making the common |
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Southwest corner of the J. A. Arnold Survey, Section 22, Abstract |
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No. 1377, same being that tract described as 640 acres in a |
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conveyances to Michael Joseph Matzinger and Margaret Allison |
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Matzinger and recorded under Harris County Clerk's File Nos. |
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K479364 and K479365 respectively and also described in a conveyance |
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to Fry Road Venture, L.P. recorded under Harris County Clerk's File |
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no. Z078087, said 1 inch iron pipe also being the common Northwest |
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corner of the W. L. Mounts Survey, Section 20, Abstract No. 1376 and |
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a tract described as 408.805 acres in a conveyance to C. E. Freeman, |
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et ux recorded under Harris County Clerk's File No. E384885, same |
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being the common Northeast corner of the H. & T. C. R. R. Survey, |
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Section 29, Abstract No. 445 and METZLER'S SUBDIVISION. a |
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subdivision per plat or map recorded in Volume 500, Page, 235, |
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Harris County Deed Records, same further being the common Southeast |
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corner said Section 28 and the herein described tract; |
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THENCE S 87°45'10"W, along and with the North line of said METZLER'S |
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SUBDIVISION, same being the South line of said Section 287, at a |
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distance of 2640.00 feet pass the Northeast corner of a tract |
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described as 320 acres in a conveyance to J. J. Sweeney and recorded |
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in Volume 583, Page 18 of the Harris County Deed Records, same being |
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the Northwest corner of said METZLER'S SUBDIVISION, continuing |
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along and with the North line of said 320 acre tract, same further |
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being the South line of said Section 28, in all, a total distance of |
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5271.07 feet to a 5/8-inch iron rod w/"Brown & Gay" cap found |
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marking the Northeast corner of the W. I. Williamson Survey, |
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Section 50, Abstract No. 1592, same being the common Southeast |
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corner of the H. & T. C. R. R. Survey, Section 51, Abstract No. 442 |
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and a tract described as 865.361 acres in a conveyance to Harris |
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County and recorded under Harris County Clerk's File No. V264935, |
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same further being the common Southwest corner of said Section 28 |
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and the herein described tract from which a 1/2 inch iron rod found |
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in the pavement of Longenbaugh Road marking the common South corner |
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of said Section 50 and said Section 29 bears S 02°05'01" E, 5267.26 |
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feet; |
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THENCE N 02°05'01" W, along and with the East line of said 865.361 |
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acre tract, same being the West line of said Section 28, at a |
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distance of 3045.90 feet pass a point from which a 5/8 inch iron rod |
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with "RPLS 2085" cap found marking the Northeast corner of a tract |
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described as 97.111 acres in conveyances to Houston Lighting and |
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Power and recorded under Harris County Clerk's File Nos. H330782 |
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and H330800 bears S 87°22'07" W, 300.00 feet, continuing, in all, a |
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total distance of 5309.17 feet to a 5/8 inch iron rod with "Brown & |
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Gay" cap found in the common South line of the Mrs. M. L Jones |
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Survey, Section 54, Abstract No. 1338 and a tract described as |
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Parcel A, Tract 3 and being 821.09 acres in a conveyance to |
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Rouse-Houston, LP recorded under Harris County Clerk's File No. |
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W677033 marking the common Northeast corner of said Section 51 and |
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said 865.361 acre tract, same being the common Northwest corner of |
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said Section 28 and the herein described tract; |
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THENCE N 87°54'24" E, along and with the South line of said 821.09 |
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acre tract, same being the North line of said Section 28, a distance |
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of 19.10 feet to a 1-1/4 inch iron pipe found marking the common |
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Southeast corner of said Section 54 and said 865.361 acre tract, |
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same being the common Southwest corner of the H. & T. C. R. R. |
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Survey, Section 27, Abstract No. 426 and a tract described as |
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1,119.86 acres in a conveyance to Rouse-Houston, LP recorded under |
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Harris County Clerk's File No. Y079208, same further being an angle |
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point in the North line of the herein described tract; |
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THENCE N 87°56'34" E, along and with the South line of said 1,119.86 |
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acre tract, same being the North line of said Section 28, a distance |
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of 5278.98 feet to a 5/8-inch iron rod w/"Brown & Gay" cap found |
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marking the common Northwest corner of said Section 22 and said |
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638.41 acre tract, same being the Southwest corner of the H. & T. C. |
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R. R. Survey, Section 23, Abstract No. 425, same being the Southeast |
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corner of said Section 27, same further being the common Northeast |
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corner of said Section 28 and the herein described tract; |
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THENCE S 01°47'27" E, along and with the West line of said 638.41 |
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acre tract, same being the East line of said Section 28, a distance |
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of 5291.75 feet to the POINT OF BEGINNING and containing 643.03 |
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acres of land. |
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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 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, 2007. |
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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. 3988 was passed by the House on May 9, |
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2007, by the following vote: Yeas 144, Nays 0, 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. 3988 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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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 |