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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. 104; providing authority to impose taxes and issue |
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bonds. |
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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 8244 to read as follows: |
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CHAPTER 8244. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 104 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8244.001. 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 member of the board. |
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(3) "District" means the Montgomery County Municipal |
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Utility District No. 104. |
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Sec. 8244.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Montgomery 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. 8244.003. 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 8244.023 before September 1, 2015: |
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(1) the district is dissolved September 1, 2015, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Montgomery County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2016. |
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Sec. 8244.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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All land and other property included in the district will benefit |
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from the improvements and services to be provided by the district. |
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(b) The district is created to accomplish: |
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(1) the purposes of a municipal utility district as |
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provided by general law; and |
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(2) to the extent authorized by Section 52, Article |
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III, Texas Constitution, the construction, acquisition, |
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improvement, maintenance, or operation of arterial or main feeder |
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roads or improvements in aid of those roads. |
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Sec. 8244.005. 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 the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose or collect an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8244.006-8244.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8244.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Patrick S. Graham; |
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(2) Kyle Rhoden; |
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(3) James H. Ragan; |
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(4) Karen Strong; and |
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(5) Antonio J. Padua. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date initial directors are elected under |
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Section 8244.023; or |
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(2) the date this subchapter expires under Section |
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8244.025. |
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Sec. 8244.022. 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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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. At the meeting, the |
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temporary directors shall elect officers from among the temporary |
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directors and conduct any other district business. |
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Sec. 8244.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. Not later than the second anniversary of the |
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organizational meeting held under Section 8244.022, the temporary |
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directors shall hold an election to confirm the creation of the |
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district and to elect five initial directors as provided by Section |
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49.102, Water Code. |
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Sec. 8244.024. INITIAL ELECTED DIRECTORS; TERMS. Unless |
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the initial board otherwise agrees, the directors elected under |
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Section 8244.023 shall draw lots to determine which two shall serve |
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until the first regularly scheduled election of directors under |
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Section 8244.052 and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8244.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2015. |
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[Sections 8244.026-8244.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8244.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Except for temporary or initial directors, directors |
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serve staggered four-year terms. |
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Sec. 8244.052. 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 8244.053-8244.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8244.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. (a) 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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(b) The district has the powers and duties necessary to |
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accomplish the purposes for which the district is created. |
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Sec. 8244.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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acquire, construct, or finance a road that meets the criteria or |
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requirements for a thoroughfare, arterial, or collector road of the |
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county in which the road is located or the municipality in whose |
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corporate limits or extraterritorial jurisdiction the road is |
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located or improvements in aid of that road. |
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(b) A road project must meet all applicable standards, |
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regulations, and ordinances of the municipality or county in whose |
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jurisdiction the district is located. |
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Sec. 8244.103. 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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Sec. 8244.104. 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 applicable |
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requirements of any ordinance or resolution adopted by the |
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governing body of the municipality that consents to the creation of |
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the district or to the inclusion of lands within the district. |
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[Sections 8244.105-8244.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8244.151. 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 any 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 operation and maintenance tax or |
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issue bonds payable from ad valorem taxes. |
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Sec. 8244.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8244.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with 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 8244.153-8244.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8244.201. 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. 8244.202. BONDS FOR ROAD PROJECTS. (a) The district |
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may not issue bonds to finance projects authorized by Section |
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8244.102 unless the issuance is approved by a vote of a two-thirds |
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majority of the voters of the district voting at an election called |
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for that purpose. |
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(b) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8244.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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Sec. 8244.203. BONDS FOR RECREATIONAL FACILITIES. If |
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authorized at an election under Section 8244.151, 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. 8244.204. TAXES FOR BONDS. At the time bonds payable |
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wholly or partly from ad 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 as the interest |
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becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds when due or the redemption price at any |
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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. 104 initially includes all the territory contained in the |
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following area: |
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All that certain 1,073.141 acre (46,746,003 square feet) parcel of |
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land situated in the Joseph A. Parker Survey, Abstract Number 418, |
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in Montgomery County, Texas, and being out of and a portion of that |
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certain call 1,554.570 acre tract described in a Warranty Deed to |
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Pacific Indio Properties, Inc. in Clerk's File Number 2006-013955 |
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of the Official Public Records of Real Property at Montgomery |
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County, Texas (O.P.R.R.P.M.C.T.), out of and a portion of that |
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certain call 877.775 acre tract described in a Warranty Deed to |
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Pacific Indio Properties, Inc. recorded in Clerk's File Number |
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2005-116796 of the O.P.R.R.P.M.C.T., out of and a portion of that |
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certain call 2,086.441 acre tract described in a Warranty Deed to |
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Pacific Indio Properties, Inc. recorded in Clerk's File Number |
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2005-116793 of the O.P.R.R.P.M.C.T., and a portion of that certain |
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call 435.784 acre tract described in a Warranty Deed to Pacific |
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Indio Properties, Inc. recorded in Clerk's File Number 2005-116798 |
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of the O.P.R.R.P.M.C.T., said 1,073.141 acre tract being more |
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particularly described by metes and bounds as follows: (All |
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bearings are referenced to the Texas State Plane Coordinate System, |
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South Central Zone) |
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BEGINNING at a 5/8 inch iron rod with plastic cap stamped "D L HARDY |
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RPLS 4847" found for the northwest corner of that certain call 640.6 |
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acre tract described in a Warranty Deed with Reservation of |
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Minerals to J.R. Development, Inc., in Clerk's File Number |
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2002-062840 of the O.P.R.R.P.M.C.T., an interior corner of said |
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1,554.570 acre tract, and the upper northeast corner of the herein |
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described tract; |
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THENCE, with the westerly line of said 640.6 acre tract and the |
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upper easterly line of the herein described tract, South 39 Degrees |
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21 Minutes 37 Seconds East, at 2,869.24 feet pass a 5/8 inch iron |
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rod with plastic cap stamped "BENCHMARK ENGR." found for the lower |
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southeast corner of said 1,554.570 acre tract and the northeast |
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corner of said 877.775 acre tract, and continue, in all, a distance |
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of 7,047.32 feet to a 5/8 inch iron rod with plastic cap stamped "D L |
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HARDY RPLS 4847" found in the northerly line of said 435.784 acre |
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tract for the southeast corner of said 877.775 acre tract, the |
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southwest corner of said 640.6 acre tract and an interior corner of |
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the herein described tract; |
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THENCE, with the northerly line of said 435.784 acre tract, the |
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southerly line of said 640.6 acre tract, and the lower northerly |
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line of the herein described tract, North 56 Degrees 46 Minutes 11 |
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Seconds East, at 2,138.38 feet pass a 5/8 inch iron rod with plastic |
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cap stamped "DL HARDY RPLS 4847" found for reference, and continue, |
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in all, a distance of 3,476.46 feet to a point on the west bank of |
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the West Fork of the San Jacinto River for the southeast corner of |
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said 640.6 acre tract and the lower northeast corner of the herein |
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described tract; |
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THENCE, with the meanders of the west bank of the West Fork of the |
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San Jacinto River, the following thirty-nine (39) courses: |
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1) South 13 Degrees 38 Minutes 59 Seconds East, a distance |
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of 89.80 feet; |
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2) South 13 Degrees 32 Minutes 44 Seconds East, a distance |
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of 73.39 feet; |
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3) South 10 Degrees 02 Minutes 02 Seconds East, a distance |
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of 86.13 feet; |
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4) South 19 Degrees 38 Minutes 25 Seconds East, a distance |
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of 116.02 feet; |
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5) South 23 Degrees 30 Minutes 13 Seconds East, a distance |
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of 146.03 feet; |
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6) South 15 Degrees 38 Minutes 58 Seconds East, a distance |
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of 136.96 feet; |
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7) South 24 Degrees 20 Minutes 58 Seconds East, a distance |
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of 150.85 feet; |
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8) South 22 Degrees 37 Minutes 55 Seconds East, a distance |
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of 128.90 feet; |
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9) South 15 Degrees 49 Minutes 40 Seconds East, a distance |
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of 87.81 feet; |
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10) South 30 Degrees 09 Minutes 40 Seconds East, a distance |
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of 109.62 feet; |
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11) South 35 Degrees 54 Minutes 03 Seconds East, a distance |
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of 102.44 feet; |
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12) South 38 Degrees 48 Minutes 09 Seconds East, a distance |
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of 177.26 feet; |
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13) South 55 Degrees 14 Minutes 59 Seconds East, a distance |
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of 23.28 feet; |
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14) South 27 Degrees 42 Minutes 03 Seconds East, a distance |
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of 174.50 feet; |
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15) South 37 Degrees 57 Minutes 28 Seconds East, a distance |
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of 108.37 feet; |
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16) South 27 Degrees 51 Minutes 40 Seconds East, a distance |
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of 165.56 feet; |
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17) South 28 Degrees 21 Minutes 03 Seconds East, a distance |
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of 135.03 feet; |
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18) South 32 Degrees 22 Minutes 27 Seconds East, a distance |
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of 99.58 feet; |
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19) South 32 Degrees 48 Minutes 53 Seconds East, a distance |
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of 118.70 feet; |
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20) South 28 Degrees 23 Minutes 15 Seconds East, a distance |
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of 122.61 feet; |
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21) South 32 Degrees 48 Minutes 13 Seconds East, a distance |
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of 182.03 feet; |
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22) South 20 Degrees 43 Minutes 07 Seconds East, a distance |
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of 282.19 feet; |
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23) South 23 Degrees 57 Minutes 25 Seconds East, a distance |
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of 142.25 feet; |
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24) South 16 Degrees 46 Minutes 29 Seconds East, a distance |
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of 33.05 feet; |
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25) South 27 Degrees 13 Minutes 15 Seconds East, a distance |
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of 196.21 feet; |
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26) South 19 Degrees 56 Minutes 37 Seconds East, a distance |
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of 183.86 feet; |
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27) South 13 Degrees 11 Minutes 52 Seconds East, a distance |
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of 153.22 feet; |
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28) South 09 Degrees 41 Minutes 40 Seconds East, a distance |
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of 260.31 feet; |
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29) South 06 Degrees 50 Minutes 01 Second East, a distance |
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of 162.09 feet; |
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30) South 00 Degrees 28 Minutes 13 Seconds West, a distance |
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of 132.99 feet; |
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31) South 00 Degrees 43 Minutes 13 Seconds West, a distance |
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of 113.42 feet; |
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32) South 01 Degree 59 Minutes 50 Seconds West, a distance |
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of 103.52 feet; |
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33) South 03 Degrees 45 Minutes 11 Seconds East, a distance |
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of 161.50 feet; |
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34) South 05 Degrees 34 Minutes 20 Seconds East, a distance |
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of 341.01 feet; |
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35) South 08 Degrees 06 Minutes 09 Seconds East, a distance |
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of 187.31 feet; |
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36) South 06 Degrees 24 Minutes 24 Seconds East, a distance |
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of 169.09 feet; |
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37) South 04 Degrees 10 Minutes 27 Seconds East, a distance |
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of 161.63 feet; |
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38) South 13 Degrees 04 Minutes 38 Seconds East, a distance |
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of 155.01 feet; |
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39) South 18 Degrees 47 Minutes 13 Seconds East, a distance |
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of 84.80 feet to the intersection of the west bank of the West Fork |
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of the San Jacinto River with the northerly line of a proposed 100 |
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foot wide right-of-way (R.O.W.); |
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THENCE, through and across said 2,086.441 acre tract, said 435.784 |
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acre tract and said 877.775 acre tract, respectively, and with the |
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northerly and easterly R.O.W. lines of said proposed 100 foot wide |
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R.OW., the following five (5) courses: |
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1) South 77 Degrees 00 Minutes 42 Seconds West, a distance |
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of 2,577.67 feet to the beginning of a curve to the right; |
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2) 2,777.76 feet along the arc of said curve to the right |
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having a radius of 2,950.00 feet, a central angle of 53 Degrees 57 |
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Minutes 52 Seconds, and a chord that bears North 76 Degrees 00 |
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Minutes 47 Seconds West, a distance of 2,676.27 feet; |
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3) North 49 Degrees 02 Minutes 17 Seconds West, a distance |
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of 2,696.36 feet to the beginning of a curve to the left; |
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4) 2,143.90 feet along the arc of said curve to the left |
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having a radius of 3,050.00 feet, a central angle of 40 Degrees 16 |
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Minutes 27 Seconds, and a chord that bears North 69 Degrees 10 |
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Minutes 30 Seconds West, a distance of 2,100.03 feet; |
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5) North 89 Degrees 18 Minutes 44 Seconds West, a distance |
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of 116.49 feet to the intersection of the northerly line of said |
|
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proposed 100 foot wide R.O.W. with the easterly R.O.W. line of |
|
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proposed Townsen Road (100 foot wide) for an exterior corner of the |
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herein described tract; |
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THENCE, continuing through and across said 877.775 acre tract and |
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said 1,554.570 acre tract, respectively, and with the easterly |
|
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R.O.W. line of said proposed Towsen Road, the following four (4) |
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courses: |
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1) North 00 Degrees 41 Minutes 16 Seconds East, a distance |
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of 392.57 feet to the beginning of a curve to the left; |
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2) 2,445.61 feet along the arc of said curve to the left |
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having a radius of 3,050.00 feet, a central angle of 45 Degrees 56 |
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Minutes 31 Seconds, and a chord that bears North 22 Degrees 17 |
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Minutes 00 Seconds West, a distance of 2,380.62 feet; |
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3) North 45 Degrees 15 Minutes 15 Seconds West, a distance |
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of 1,595.17 feet to the beginning of a curve to the right; |
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4) 783.10 feet along the arc of said curve to the right |
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having a radius of 1,950.00 feet, a central angle of 23 Degrees 00 |
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Minutes 34 Seconds, and a chord that bears North 33 Degrees 44 |
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Minutes 58 Seconds West, a distance of 777.85 feet to the northwest |
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corner of the herein described tract; |
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THENCE, continuing through and across said 1,554.570 acre tract and |
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with the northerly line of the herein described tract, the |
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following five (5) courses: |
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1) North 76 Degrees 01 Minute 00 Seconds East, a distance of |
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404.61 feet; |
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2) North 43 Degrees 22 Minutes 37 Seconds East, a distance |
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of 243.84 feet; |
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3) North 29 Degrees 19 Minutes 18 Seconds East, a distance |
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of 643.72 feet; |
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4) North 68 Degrees 19 Minutes 38 Seconds East, a distance |
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of 879.85 feet; |
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5) North 56 Degrees 12 Minutes 55 Seconds East, a distance |
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of 1,094.52 feet to the POINT OF BEGINNING and containing 1,073.141 |
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acres (46,746,003 square feet) of land. |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
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Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
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. The legislature finds that: |
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(1) the Montgomery County Municipal Utility District |
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No. 104, as created by Chapter 8244, Special District Local Laws |
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Code, as added by this Act, is not officially created until |
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confirmed by a majority of the voters of the district voting at an |
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election held for that purpose; |
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(2) securing the consent of political subdivisions to |
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|
the creation of the district before the introduction or passage of |
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|
this Act may be impractical because of the uncertainties of the |
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|
legislative process; and |
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|
(3) the constitutional requirement for the district's |
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|
compliance with the provisions of the general laws relating to the |
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|
consent of political subdivisions to the creation of the district |
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|
and the inclusion of land within the district is satisfied if that |
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|
consent is secured before the date and hour of canvassing the |
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|
returns and declaring the results of the confirmation election. |
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SECTION 5. 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. |