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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 Booth Ranch Municipal Utility |
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District of Fort Bend County, Texas; providing authority to impose |
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a tax and issue 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 8242 to read as follows: |
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CHAPTER 8242. BOOTH RANCH MUNICIPAL UTILITY DISTRICT OF FORT BEND |
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COUNTY, TEXAS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8242.001. 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 Booth Ranch Municipal Utility |
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District of Fort Bend County, Texas. |
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Sec. 8242.002. NATURE OF DISTRICT. 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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Sec. 8242.003. 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. 8242.004. 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. 8242.005. 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 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 8242.006-8242.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8242.051. GOVERNING BODY; 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. 8242.052. INITIAL 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 initial directors the |
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five persons named in the petition. |
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(b) The commission shall appoint as initial 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 an initial director fails to qualify for office, the |
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commission shall appoint a person to fill the vacancy. |
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(d) 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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(e) This section expires September 1, 2014. |
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[Sections 8242.053-8242.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8242.101. 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. 8242.102. 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. 8242.103. LEVEE IMPROVEMENT DISTRICT POWERS. The |
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district has the powers provided by the general law of this state, |
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including Chapter 57, Water Code, applicable to levee improvement |
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districts created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8242.104. 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 8242.105-8242.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8242.151. 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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Sec. 8242.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8242.151, 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 8242.153-8242.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8242.201. 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. 8242.202. 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 Booth Ranch Municipal Utility District of |
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Fort Bend County, Texas, initially includes all the territory |
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contained in the following area: |
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BEING A 915.7374 ACRE TRACT OF LAND IN THE ABNER KUYKENDALL LEAGUE, |
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ABSTRACT 48, AND THE HENRY JONES LEAGUE, ABSTRACT 39, FORT BEND |
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COUNTY, TEXAS, WITH ALL BEARINGS BEING GRID, COORDINATES ARE TEXAS |
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STATE PLANE, SOUTH CENTRAL ZONE, NAD-83 (1993), BASED UPON GPS |
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OBSERVATIONS OF TRIANGULATION STATION "GEORGE." |
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BEGINNING at a 4-inch angle iron found for the Place of Beginning of |
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the herein described 915.7374 acre tract of land, said point having |
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coordinates of X=3,032,723.77', Y=13,766,317.24'; |
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THENCE North 22 degrees 07 minutes 24 seconds East, at 669.10 feet |
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pass a 5/8 inch iron rod with cap (description not legible) found, |
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and continuing for a total distance of 827.05 feet to a point on the |
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gradient boundary on the right bank of the Brazos River for the |
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northwest corner of the herein described tract; |
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THENCE downstream along the gradient boundary of the right bank of |
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the Brazos River with the following meanders: |
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South 16 degrees 44 minutes 39 seconds East, 41.52 feet; |
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South 73 degrees 11 minutes 59 seconds East, 165.03 feet; |
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South 77 degrees 41 minutes 26 seconds East, 172.10 feet; |
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South 84 degrees 10 minutes 35 seconds East, 214.31 feet; |
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South 75 degrees 02 minutes 24 seconds East, 323.83 feet; |
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South 73 degrees 02 minutes 28 seconds East, 344.02 feet; |
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South 83 degrees 21 minutes 44 seconds East, 35.99 feet; |
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South 85 degrees 10 minutes 12 seconds East, 213.53 feet; |
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South 69 degrees 30 minutes 50 seconds East, 188.68 feet; |
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South 56 degrees 31 minutes 03 seconds East, 82.41 feet; |
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South 62 degrees 04 minutes 17 seconds East, 147.31 feet; |
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South 29 degrees 22 minutes 03 seconds East, 62.61 feet; |
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South 44 degrees 26 minutes 56 seconds East, 269.60 feet; |
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South 46 degrees 08 minutes 30 seconds East, 91.43 feet; |
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South 26 degrees 33 minutes 24 seconds East, 172.82 feet; |
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South 21 degrees 13 minutes 22 seconds East, 187.83 feet; |
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South 25 degrees 50 minutes 14 seconds East, 114.11 feet; |
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South 14 degrees 54 minutes 38 seconds East, 132.51 feet; |
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South 08 degrees 48 minutes 04 seconds East, 96.92 feet; |
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South 01 degree 25 minutes 42 seconds West, 153.18 feet; |
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South 10 degrees 40 minutes 14 seconds West, 307.44 feet; |
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South 12 degrees 47 minutes 06 seconds West, 329.55 feet; |
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South 14 degrees 00 minutes 04 seconds West, 282.23 feet; |
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South 24 degrees 48 minutes 40 seconds West, 150.24 feet; |
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South 20 degrees 13 minutes 52 seconds West, 100.41 feet; |
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South 15 degrees 57 minutes 16 seconds West, 233.58 feet; |
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South 04 degrees 46 minutes 11 seconds West, 244.22 feet; |
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South 06 degrees 27 minutes 58 seconds East, 150.60 feet; |
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South 09 degrees 25 minutes 46 seconds East, 340.52 feet; |
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South 38 degrees 32 minutes 58 seconds East, 66.69 feet to a point |
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on said gradient; |
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THENCE continuing downstream along the gradient boundary of the |
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right bank of the Brazos River with the following meanders: |
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South 47 degrees 59 minutes 24 seconds East, 210.99 feet; |
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South 72 degrees 55 minutes 53 seconds East, 156.45 feet; |
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South 80 degrees 40 minutes 00 seconds East, 342.63 feet; |
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North 84 degrees 27 minutes 18 seconds East, 100.35 feet; |
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South 88 degrees 24 minutes 53 seconds East, 192.07 feet; |
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South 78 degrees 34 minutes 41 seconds East, 120.62 feet; |
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South 71 degrees 07 minutes 34 seconds East, 124.65 feet; |
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South 46 degrees 23 minutes 22 seconds East, 24.90 feet; |
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South 78 degrees 28 minutes 52 seconds East, 221.94 feet; |
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South 69 degrees 11 minutes 13 seconds East, 88.35 feet; |
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North 60 degrees 19 minutes 57 seconds East, 57.84 feet; |
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North 83 degrees 36 minutes 38 seconds East, 202.16 feet; |
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South 76 degrees 44 minutes 05 seconds East, 455.45 feet; |
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South 70 degrees 10 minutes 30 seconds East, 346.28 feet; |
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South 57 degrees 55 minutes 58 seconds East, 174.08 feet; |
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South 39 degrees 29 minutes 27 seconds East, 107.98 feet; |
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South 62 degrees 48 minutes 29 seconds East, 245.59 feet; |
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South 70 degrees 51 minutes 05 seconds East, 53.10 feet; |
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South 56 degrees 53 minutes 53 seconds East, 112.09 feet; |
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South 60 degrees 24 minutes 22 seconds East, 162.20 feet; |
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South 63 degrees 37 minutes 41 seconds East, 99.04 feet to a point |
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on said gradient on the right bank of the Brazos River for the |
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northeast corner of the herein described 915.7374 acre tract of |
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land; |
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THENCE South 26 degrees 54 minutes 33 seconds West along the east |
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line of the herein described tract, at 140.24 feet pass a ˝ inch |
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iron pipe found on said line, and continuing for a total distance of |
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323.73 feet to a 3-inch angle iron found on said line for angle |
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point; |
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THENCE South 27 degrees 56 minutes 38 seconds West continuing along |
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said line, 14.56 feet to a ˝ inch iron pipe found on said line for |
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angle point; |
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THENCE South 27 degrees 03 minutes 33 seconds West continuing along |
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said line, 486.47 feet to a ˝ inch iron pipe found on said line for |
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an angle point in the east line of the herein described tract; |
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THENCE South 27 degrees 54 minutes 27 seconds West along the east |
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line of the herein described tract, 2,103.77 feet to a 1-1/4 inch |
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iron bar found for the upper southeast corner of the herein |
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described 915.7374 acre tract; |
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THENCE North 67 degrees 24 minutes 19 seconds West, at 1,637.78 feet |
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pass a ˝ inch iron rod found on said line, and continuing for a total |
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distance of 3,243.30 feet to a 4-inch angle iron found for a |
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re-entry corner to the herein described 915.7374 acre tract; |
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THENCE South 22 degrees 38 minutes 07 seconds West, 2,700.18 feet to |
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a 1-inch iron pipe found for the middle southeast corner of the |
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herein described tract; |
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THENCE North 67 degrees 18 minutes 53 seconds West, 1,032.10 feet to |
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a 5/8 inch iron rod found for a corner to the herein described |
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tract; |
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THENCE North 22 degrees 06 minutes 05 seconds East, 1,424.05 feet to |
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a ˝ inch iron pipe with cap marked "Kalkomey Surveying" set for a |
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re-entry corner to the herein described tract; |
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THENCE North 67 degrees 53 minutes 53 seconds West, 234.95 feet to a ˝ |
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inch iron pipe with cap marked "Kalkomey Surveying" set for a |
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re-entry corner to the herein described tract; |
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THENCE South 25 degrees 40 minutes 37 seconds West, 764.19 feet to a ˝ |
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inch iron pipe with cap marked "Kalkomey Surveying" set for a |
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re-entry corner to the herein described tract; |
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THENCE South 68 degrees 53 minutes 03 seconds East, 125.40 feet to a ˝ |
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inch iron pipe with cap marked "Kalkomey Surveying" set for corner |
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to the herein described tract; |
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THENCE South 15 degrees 51 minutes 17 seconds West, 666.60 feet to a ˝ |
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inch iron pipe with cap marked "Kalkomey Surveying" set for corner |
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to the herein described tract; |
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THENCE North 67 degrees 18 minutes 54 seconds West, 35.15 feet to a |
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1-inch iron pipe found for a re-entry corner to the herein described |
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tract; |
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THENCE South 21 degrees 38 minutes 27 seconds West, at 2,040.17 feet |
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pass a 1-inch iron pipe found on said line, and continuing along |
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said line for a total distance of 2,906.22 feet to a 1-inch iron |
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pipe found for the lower southeast corner of the herein described |
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tract, and being in the north right-of-way line of F.M Highway 2759, |
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said point having coordinates of X=3,030,903.69', |
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Y=13,756,145.06'; |
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THENCE North 82 degrees 44 minutes 12 seconds West along the north |
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right-of-way line of F.M Highway 2759, 1,401.42 feet to a ˝ inch |
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iron rod found for the lower southwest corner of the herein |
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described tract; |
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THENCE North 20 degrees 19 minutes 13 seconds East, 2,350.24 feet to |
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a ˝ inch iron pipe with cap marked "Kalkomey Survey" set for a |
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re-entry corner to the herein described tract; |
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THENCE North 67 degrees 58 minutes 09 seconds West along the upper |
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south line of the herein described tract, 715.46 feet to a 2-inch |
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angle iron found for the upper southwest corner of the herein |
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described tract; |
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THENCE North 22 degrees 04 minutes 08 seconds East, 1,519.58 feet to |
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a 5/8 inch iron rod with cap (description not legible) for angle |
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point to the herein described tract; |
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THENCE North 22 degrees 07 minutes 24 seconds East, 6,601.91 feet to |
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the Place of Beginning and containing 915.7374 acres of land, more |
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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 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. |