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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 Montgomery County Municipal Utility |
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District No. 121; 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 8211 to read as follows: |
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CHAPTER 8211. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 121 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8211.001. 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 Montgomery County Municipal |
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Utility District No. 121. |
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Sec. 8211.002. 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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8211.103 and Section 52, Article III, Texas Constitution, has road |
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powers. |
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Sec. 8211.003. 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. 8211.004. 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. 8211.005. 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 8211.006-8211.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8211.051. 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. 8211.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) James D. Pell; |
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(2) Jeff Beard; |
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(3) Ed Jones; |
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(4) Vicki Fullerton; and |
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(5) Sandi La Plant. |
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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 8211.053-8211.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8211.101. 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. 8211.102. 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. 8211.103. 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 be located: |
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(1) in the district; or |
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(2) in another municipal utility district that serves |
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a master planned community the district also serves. |
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(e) 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) each county in which the road project is located if |
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the road project is not located in the corporate limits of a |
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municipality. |
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(f) 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. 8211.104. COMPLIANCE WITH MUNICIPAL CONSENT |
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RESOLUTION. The district shall comply with all applicable |
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requirements of any resolution, adopted by the governing body of a |
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municipality under Section 54.016, Water Code, that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8211.105. RECREATIONAL FACILITIES; LIMIT ON EMINENT |
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DOMAIN POWER. (a) In this section, "recreational facilities" and |
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"develop and maintain" have the meanings assigned by Section |
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49.462, Water Code. |
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(b) The district may develop and maintain recreational |
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facilities. |
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(c) The district may not, for the development or maintenance |
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of a recreational facility, acquire by condemnation land, an |
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easement, or other property inside or outside the district. |
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[Sections 8211.106-8211.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8211.151. 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. 8211.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8211.151, 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 Chapter 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 8211.153-8211.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8211.201. 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. 8211.202. 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 Montgomery County. |
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Sec. 8211.203. BONDS FOR RECREATIONAL FACILITIES. If |
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authorized at an election under Section 8211.151, the district may |
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issue bonds payable from ad valorem taxes to pay for the development |
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and maintenance of recreational facilities. |
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Sec. 8211.204. 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 Montgomery County Municipal Utility District |
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No. 121 initially includes all the territory contained in the |
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following area: |
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Being 503.169 acres of land located in the Archibald Hodge Survey, |
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Abstract 18, the James Pevehouse Survey, Abstract 29, and the James |
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Hodge Survey, Abstract 19, Montgomery County, Texas, more |
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particularly being a portion of that certain called 934.56 acre |
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tract (described as Tract I) conveyed to Woodforest Partners, L.P., |
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by instrument of record under File No. 2006-103723, Official Public |
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Records of Real Property at Montgomery County, Texas |
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(M.C.O.P.R.R.P.), a portion of that certain called 379.05 acre |
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tract conveyed to Woodforest Partners, L.P., by instrument of |
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record under File No. 2006-138302, M.C.O.P.R.R.P., and a portion of |
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that certain called 79.964 acre tract conveyed to Woodforest |
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Partners, L.P., by instrument of record under File No. 2006-138300, |
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M.C.O.P.R.R.P.; said 508.169 acres being more particularly |
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described by metes and bounds as follows; all bearings referenced |
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to Fish Creek Thoroughfare Phase II (150-feet wide), a plat of |
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record in Cabinet P, Sheets 62-63, Map Records of Montgomery |
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County, Texas (M.C.M.R.); |
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Commencing at the most southerly southeast corner of aforementioned |
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934.56 acres; |
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Thence, with a southerly line of said 934.56 acres North 16° 06' 05" |
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East, 590.56 feet to a point for corner, being on the approximate |
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Extra Territorial Jurisdiction (ETJ) line of the City of Conroe; |
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Thence, with said approximate ETJ line, the following seven (7) |
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courses: |
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1. North 14° 27' 12" West, 907.51 feet to a point for corner; |
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2. North 54° 27' 11" West, 1183.02 feet to a point for corner; |
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3. North 47° 20' 57" West, 1488.94 feet to a point for corner; |
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4. North 44° 27' 11" West, 1840.73 feet to a point for corner; |
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5. North 34° 31' 09" West, 2154.68 feet to a point for corner; |
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6. North 24° 27' 12" West, 1840.73 feet to a point for corner; |
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7. North 88° 10' 11" West, 1714.80 feet to a point for corner on the |
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west line of aforementioned 379.05 acre tract; |
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Thence, with said west line, North 02° 36' 31" West, 2413.24 feet to |
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a point for corner being the northwest corner of said 379.05 acre |
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tract; |
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Thence, with the north line of said 379.05 acre tract, North 87° 14' |
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13" East, 2378.09 feet to a point for corner being the northeast |
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corner of said 379.05 acre tract; |
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Thence, with an easterly line of said 379.05 acre tract the |
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following three (3) courses: |
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1. South 26° 58' 02" East, 1475.70 feet to a point for corner; |
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2. South 61° 26' 48" West, 291.13 feet to a point for corner; |
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3. South 03° 37' 40" East, 2383.97 feet to a point for corner being a |
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re-entrant corner of said 379.05 acre tract; |
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Thence, wit a northerly line of said 379.05 acre tract, North 88° 06' |
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57" East, at 150.88 feet pass the northwest corner of |
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aforementioned 79.964 acre tract, and continuing with the north |
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line of said 79.964 acre tract in all a distance of 1901.36 feet to a |
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point for corner being the northeast corner of said 79.964 acre |
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tract; |
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Thence, with the east line of said 79.964 acre tract, South 03° 41' |
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03" East, 1991.72 feet to a point for corner being on the north line |
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of aforementioned 934.56 acre tract, same being the common line of |
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aforementioned James Pevehouse Survey and the James Hodge Survey; |
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Thence, with said north line and said common survey line, North 87° |
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28' 47" East, 3370.54 feet to a point for corner being the northeast |
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corner of said 934.56 acre tract; |
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Thence, leaving said common survey line, with an easterly line of |
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said 934.56 acre tract, the following three courses: |
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1. South 03° 48' 35" East, 2498.90 feet to a point for corner; |
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2. South 53° 30' 25" West, 944.06 feet to a point for corner; |
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3. South 16° 06' 05" West, 1306.36 feet to the POINT OF BEGINNING |
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and containing 503.169 gross acres of land. |
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SAVE AND EXCEPT however, the following tract of land: |
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Being 5.000 acres of land situated in James Hodge Survey, Abstract |
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19, Montgomery County, Texas, and being a portion the |
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aforementioned 934.56 acres, said 5.00 acres being more |
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particularly described by metes and bounds as follows; |
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COMMENCING at the northwest corner of aforementioned James Hodge |
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Survey, same being the northeast corner of the Archibald Hodge |
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Survey, A-18, Montgomery County, Texas, from which the northwest |
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corner of aforementioned 934.56 acre tract bears North 87° 28' 47" |
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East, 4443.02 feet; |
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Thence, with the common line of said James Hodge Survey, and |
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Archibald Hodge Survey, South 03° 46' 50" East, 300.00 feet to a |
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point; |
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Thence, leaving said common line, North 86° 13' 09" East, 3700.00 |
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feet to the POINT OF BEGINNING; |
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Thence, North 86° 13' 09" East, 466.69 feet to a point for corner; |
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Thence, South 03° 46' 51" East, 466.69 feet to a point for corner; |
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Thence, South 86° 13' 09" West, 466.69 feet to a point for corner; |
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Thence, North 03° 46' 51" West, 466.69 feet to the POINT OF BEGINNING |
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and containing 5.000 acres of land. |
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Resulting a net area of 503.169 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. |