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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. 103; 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 8262 to read as follows: |
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CHAPTER 8262. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 103 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8262.001. 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. 103. |
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Sec. 8262.002. 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. 8262.003. 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 8262.023 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. 8262.004. 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. 8262.005. 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 8262.006-8262.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8262.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Chris Corbin; |
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(2) Julie Collette; |
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(3) Michael Friedman; |
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(4) Gregg Esses; and |
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(5) Hance V. Myers III. |
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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 8262.023; or |
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(2) the date this subchapter expires under Section |
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8262.025. |
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Sec. 8262.022. 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. 8262.023. 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 8262.022, 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. 8262.024. INITIAL ELECTED DIRECTORS; TERMS. Unless |
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the initial board otherwise agrees, the directors elected under |
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Section 8262.023 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 8262.052 and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8262.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2015. |
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[Sections 8262.026-8262.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8262.051. 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. 8262.052. 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 8262.053-8262.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8262.101. 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. 8262.102. 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. 8262.103. 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. 8262.104. 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 8262.105-8262.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8262.151. 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. 8262.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8262.151, 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 8262.153-8262.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8262.201. 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. 8262.202. 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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8262.102 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 8262.102 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. 8262.203. BONDS FOR RECREATIONAL FACILITIES. If |
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authorized at an election under Section 8262.151, 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. 8262.204. 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. 103 initially includes all the territory contained in the |
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following area: |
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TRACT 1 |
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All that certain 757.744 acre (33,007,331 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 a portion of that certain |
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call 1,554.570 acre tract described in a Warranty Deed to Pacific |
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Indio Properties, Inc. recorded 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.), and a portion of that certain call |
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877.775 acre tract described in a Warranty Deed to Pacific Indio |
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Properties, Inc. recorded in Clerk's File Number 2005-116796 of the |
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O.P.R.R.P.M.C.T., said 757.744 acre tract being more particularly |
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described by metes and bounds as follows: (All bearings are |
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referenced to the Texas State Plane Coordinate System, South |
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Central Zone) |
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BEGINNING at a 3/4 inch iron pipe found in the recognized north line |
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of said Joseph A. Parker Survey for the southeast corner of that |
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certain call 2,883.06 acre tract described in a Deed to LGI LAND, |
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L.L.C. in County Clerk's File Number 2004-114162 of the |
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O.P.R.R.P.M.C.T., an interior corner of said 1,554.570 acre tract, |
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and the southwest corner of the herein described tract, and from |
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which a 100D nail found for reference bears North 35 Degrees 02 |
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Minutes 54 Seconds East, a distance of 12.69 feet, and from which a |
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"PK" nail found in a 4 inch wooden post bears South 51 Degrees 13 |
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Minutes 29 Seconds West, a distance of 8.04 feet; |
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THENCE, through and across said 1554.570 acre tract and with the |
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recognized north line of said Joseph A. Parker Survey, North 50 |
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Degrees 32 Minutes 13 Seconds East, a distance of 889.47 feet to an |
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angle point; |
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THENCE, departing the recognized north line of said Joseph A. |
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Parker Survey, and continuing through and across said 1554.570 acre |
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tract, South 87 Degrees 41 Minutes 21 Seconds East, a distance of |
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797.17 feet to a point in the proposed westerly right-of-way |
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(R.O.W.) line of Townsen Road (100 feet wide) for the northeast |
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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, |
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through and across said 877.775 acre tract, respectively, and with |
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the westerly R.O.W. line of said proposed Townsen Road, the |
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following four (4) courses: |
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1) 1,336.14 feet along the arc of a curve to the |
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left having a radius of 2,050.00 feet, a central angle |
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of 37 Degrees 20 Minutes 39 Seconds, and a chord that |
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bears South 26 Degrees 34 Minutes 56 Seconds East, a |
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distance of 1,312.62 feet; |
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2) South 45 Degrees 15 Minutes 15 Seconds East, a |
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distance of 1,595.17 feet to the beginning of a curve to |
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the right; |
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3) 2,365.43 feet along the arc of said curve to |
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the right having a radius of 2,950.00 feet, a central |
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angle of 45 Degrees 56 Minutes 31 Seconds, and a chord |
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that bears South 22 Degrees 17 Minutes 00 Seconds East, |
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a distance of 2,302.57 feet; |
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4) South 00 Degrees 41 Minutes 16 Seconds West, a |
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distance of 392.57 feet to the intersection of the |
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westerly R.O.W. line of said proposed Townsen Road with |
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the northerly R.O.W. line of a proposed 100 foot wide |
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R.O.W. for the southeast corner of the herein described |
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tract; |
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THENCE, continuing through and across said 877.775 acre tract, and |
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with the northerly line of said proposed 100 foot wide R.O.W., the |
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following three (3) courses: |
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1) North 89 Degrees 18 Minutes 44 Seconds West, a |
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distance of 818.57 feet to the beginning of a curve to |
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the left; |
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2) 1,527.01 feet along the arc of said curve to |
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the left having a radius of 2,050.00 feet, a central |
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angle of 42 Degrees 40 Minutes 43 Seconds, and a chord |
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that bears South 69 Degrees 20 Minutes 55 Seconds West, |
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a distance of 1,491.95 feet; |
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3) South 48 Degrees 00 Minutes 33 Seconds West, a |
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distance of 2,488.25 feet to a point in the east bank of |
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Spring Creek for the southwest corner of the herein |
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described tract; |
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THENCE, with the meanders of the east bank of Spring Creek, the |
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following thirty seven (37) courses: |
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1) North 34 Degrees 40 Minutes 52 Seconds West, a |
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distance of 82.86 feet; |
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2) North 51 Degrees 58 Minutes 06 Seconds West, a |
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distance of 248.75 feet; |
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3) North 80 Degrees 17 Minutes 53 Seconds West, a |
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distance of 236.06 feet; |
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4) South 70 Degrees 11 Minutes 27 Seconds West, a |
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distance of 165.57 feet; |
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5) South 59 Degrees 43 Minutes 45 Seconds West, a |
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distance of 433.12 feet; |
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6) South 53 Degrees 49 Minutes 01 Second West, a |
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distance of 109.00 feet; |
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7) South 55 Degrees 54 Minutes 36 Seconds West, a |
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distance of 129.70 feet; |
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8) South 55 Degrees 02 Minutes 17 Seconds West, a |
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distance of 101.37 feet; |
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9) South 68 Degrees 15 Minutes 19 Seconds West, a |
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distance of 217.79 feet; |
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10) South 81 Degrees 01 Minute 41 Seconds West, a |
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distance of 125.07 feet; |
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11) North 84 Degrees 25 Minutes 15 Seconds West, a |
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distance of 114.05 feet; |
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12) North 77 Degrees 11 Minutes 12 Seconds West, a |
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distance of 94.98 feet; |
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13) North 67 Degrees 18 Minutes 28 Seconds West, a |
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distance of 127.04 feet; |
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14) North 50 Degrees 13 Minutes 23 Seconds West, a |
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distance of 56.72 feet; |
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15) North 46 Degrees 23 Minutes 16 Seconds West, a |
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distance of 197.98 feet; |
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16) North 36 Degrees 54 Minutes 43 Seconds West, a |
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distance of 155.51 feet; |
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17) North 27 Degrees 37 Minutes 55 Seconds West, a |
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distance of 182.32 feet; |
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18) North 12 Degrees 43 Minutes 47 Seconds West, a |
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distance of 137.95 feet; |
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19) North 10 Degrees 40 Minutes 53 Seconds West, a |
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distance of 145.75 feet; |
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20) North 16 Degrees 45 Minutes 07 Seconds West, |
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at 28.32 feet pass the call northwest corner of said |
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877.75 acre tract and the call southwest corner of said |
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1554.570 acre tract, and continue, in all, a distance of |
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152.15 feet; |
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21) North 36 Degrees 16 Minutes 24 Seconds West, a |
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distance of 161.65 feet; |
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22) North 44 Degrees 40 Minutes 15 Seconds West, a |
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distance of 137.01 feet; |
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23) North 59 Degrees 54 Minutes 35 Seconds West, a |
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distance of 96.16 feet; |
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24) North 51 Degrees 04 Minutes 33 Seconds West, a |
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distance of 146.07 feet; |
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25) North 66 Degrees 00 Minutes 48 Seconds West, a |
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distance of 114.41 feet; |
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26) North 62 Degrees 48 Minutes 10 Seconds West, a |
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distance of 162.52 feet; |
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27) North 68 Degrees 13 Minutes 47 Seconds West, a |
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distance of 197.70 feet; |
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28) North 63 Degrees 28 Minutes 43 Seconds West, a |
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distance of 217.62 feet; |
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29) North 54 Degrees 54 Minutes 15 Seconds West, a |
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distance of 203.99 feet; |
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30) North 36 Degrees 27 Minutes 27 Seconds West, a |
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distance of 174.12 feet; |
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31) North 37 Degrees 11 Minutes 05 Seconds West, a |
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distance of 148.14 feet; |
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32) North 32 Degrees 29 Minutes 54 Seconds West, a |
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distance of 177.76 feet; |
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33) North 27 Degrees 17 Minutes 55 Seconds West, a |
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distance of 165.20 feet; |
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34) North 13 Degrees 38 Minutes 16 Seconds West, a |
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distance of 175.51 feet; |
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35) North 05 Degrees 56 Minutes 49 Seconds East, a |
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distance of 147.57 feet; |
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36) North 02 Degrees 43 Minutes 41 Seconds West, a |
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distance of 160.23 feet; |
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37) North 08 Degrees 48 Minutes 24 Seconds West, a |
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distance of 8.98 feet to a point in the east bank of |
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Spring Creek for the lower northwest corner of the |
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herein described tract, and from which the call |
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southwest corner of a said 2,883.06 acre tract bears |
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South 48 Degrees 24 Minutes 25 Seconds West, a distance |
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of 60.50 feet; |
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THENCE, departing the meanders of the east bank of Spring Creek, and |
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with the lower southerly line of said 2,883.06 acre tract and the |
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lower northerly line of the herein described tract, North 50 |
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Degrees 31 Minutes 16 Seconds East, at 139.56 feet pass a 5/8 inch |
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iron rod stamped "LJA ENG." found 2.23 feet right, at 827.01 feet |
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pass a 3/4 inch iron pipe, and continue, in all, a distance of |
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2,839.95 to a 4 inch concrete monument found for an exterior corner |
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of said 2,833.06 acre tract and an interior corner of the herein |
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described tract; |
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THENCE, with the lower easterly line of said 2,883.06 acre tract, |
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North 39 Degrees 30 Minutes 01 Second West, a distance of 558.28 |
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feet to a 4 inch concrete monument found in the recognized north |
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line of said Joseph A. Parker Survey for an interior corner of said |
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2,883.06 acre tract and an exterior corner of the herein described |
|
tract; |
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THENCE, with the recognized north line of said Joseph A. Parker |
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Survey, the southerly line of said 2,883.06 acre tract and the upper |
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northerly line of the herein described tract, North 50 Degrees 32 |
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Minutes 13 Seconds East, a distance of 2,768.00 feet to the POINT OF |
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BEGINNING and containing 757.744 acres (33,007,331 square feet) of |
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land. |
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TRACT 2 |
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All that certain 313.559 acre (13,658,610 square feet) parcel of |
|
land situated in the Joseph A. Parker Survey, Abstract Number 418, |
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in Montgomery County, Texas, and being a portion of that certain |
|
call 2,086.441 acre tract described in a Warranty Deed to Pacific |
|
Indio Properties, Inc. recorded in Clerk's File Number 2005-116793 |
|
of the Official Public Records of Real Property at Montgomery |
|
County, Texas (O.P.R.R.P.M.C.T.), and a portion of that certain |
|
call 877.775 acre tract described in a Warranty Deed to Pacific |
|
Indio Properties, Inc. recorded in Clerk's File Number 2005-116796 |
|
of the O.P.R.R.P.M.C.T., said 313.559 acre tract being more |
|
particularly described by metes and bounds as follows: (All |
|
bearings are referenced to the Texas State Plane Coordinate System, |
|
South Central Zone) |
|
COMMENCING at a 5/8-inch iron rod with plastic cap stamped |
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"BENCHMARK ENGR." found in the south line of said 877.775 acre tract |
|
for the northwest corner of that certain call 435.784 acre tract |
|
described in a Warranty Deed to Pacific Indio Properties, Inc., in |
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Clerk's File Number 2005-116793 of the O.P.R.R.P.M.C.T., and the |
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upper northeast corner of said 2,086.441 acre tract; |
|
THENCE, with the southerly line of said 877.775 acre tract and the |
|
northerly line of said 2,086.441 acre tract, South 56 Degrees 46 |
|
Minutes 11 Seconds West, a distance of 1,634.37 to the intersection |
|
of the north line of said 2,086.441 acre tract with the westerly |
|
right-of-way (R.O.W.) line of proposed Townsen Road (100 feet wide) |
|
for the POINT OF BEGINNING; |
|
THENCE, through and across said 2,086.441 acre tract and with the |
|
westerly R.O.W. line of said proposed Townsen Road, the following |
|
three (3) courses: |
|
1) 1,017.44 feet along the arc of a curve to the |
|
right having a radius of 1,950.00 feet, a central angle |
|
of 29 Degrees 53 Minutes 42 Seconds, and a chord that |
|
bears South 18 Degrees 45 Minutes 49 Seconds East, a |
|
distance of 1,005.94 feet; |
|
2) South 03 Degrees 48 Minutes 58 Seconds East, a |
|
distance of 458.87 feet to the beginning of a curve to |
|
the left; |
|
3) 485.84 feet along the arc of said curve to the |
|
left having a radius of 2,050.00 feet, a central angle |
|
of 13 Degrees 34 Minutes 44 Seconds, and a chord that |
|
bears South 10 Degrees 36 Minutes 19 Seconds East, a |
|
distance of 484.70 feet to the southeast corner of the |
|
herein described tract; |
|
THENCE, continuing through and across said 2,086.441 acre tract and |
|
said 877.775 acre tract, respectively, South 00 Degrees 00 Minutes |
|
00 Seconds West, at 3,323.25 feet pass the northerly line of said |
|
2,086.441 acre tract and the southerly line of said 877.775 acre |
|
tract, and continue, in all, a distance of 4,220.17 feet to a point |
|
in the east bank of Spring Creek for the southwest corner of the |
|
herein described tract; |
|
THENCE, with the meanders of the east bank of Spring Creek, the |
|
following thirteen (13) courses: |
|
1) North 07 Degrees 36 Minutes 39 Seconds West, a |
|
distance of 104.90 feet; |
|
2) North 07 Degrees 36 Minutes 39 Seconds West, a |
|
distance of 104.90 feet; |
|
3) North 16 Degrees 38 Minutes 31 Seconds West, a |
|
distance of 182.58 |
|
4) North 15 Degrees 45 Minutes 24 Seconds West, a |
|
distance of 152.10 feet; |
|
5) North 18 Degrees 13 Minutes 52 Seconds West, a |
|
distance of 143.53 feet; |
|
6) North 28 Degrees 04 Minutes 03 Seconds West, a |
|
distance of 197.45 feet; |
|
7) North 40 Degrees 44 Minutes 03 Seconds West, a |
|
distance of 186.52 feet; |
|
8) North 44 Degrees 58 Minutes 04 Seconds West, a |
|
distance of 167.13 feet; |
|
9) North 46 Degrees 33 Minutes 09 Seconds West, a |
|
distance of 142.41 feet; |
|
10) North 41 Degrees 29 Minutes 01 Second West, a |
|
distance of 130.34 feet; |
|
11) North 35 Degrees 56 Minutes 07 Seconds West, a |
|
distance of 194.37 feet; |
|
12) North 26 Degrees 18 Minutes 17 Seconds West, a |
|
distance of 121.60 feet; |
|
13) North 34 Degrees 40 Minutes 52 Seconds West, a |
|
distance of 137.17 feet to the intersection of the east |
|
bank of Spring Creek with the southerly line of a |
|
proposed 100 foot wide R.O.W. for the northwest corner |
|
of the herein described tract; |
|
THENCE, through and across said 877.775 acre tract and with the |
|
southerly line of said proposed R.O.W, the following three (3) |
|
courses: |
|
1) North 48 Degrees 00 Minutes 33 Seconds East, a |
|
distance of 2,501.08 feet to the beginning of a curve to |
|
the right; |
|
2) 1,452.52 feet along the arc of said curve to |
|
the right having a radius of 1,950.00 feet, a central |
|
angle of 42 Degrees 40 Minutes 43 Seconds, and a chord |
|
that bears North 69 Degrees 20 Minutes 55 Seconds East, |
|
a distance of 1,419.17 feet; |
|
3) South 89 Degrees 18 Minutes 44 Seconds East, a |
|
distance of 818.57 feet to the intersection of the |
|
southerly line of said proposed 100 wide R.O.W. with the |
|
westerly R.O.W. line of said proposed Townsen Road; |
|
THENCE, continuing through and across said 877.775 acre tract and |
|
with the westerly R.O.W. line of said proposed Townsen Road, the |
|
following four (4) courses: |
|
1) South 00 Degrees 41 Minutes 16 Seconds West, a |
|
distance of 200.00 feet to the beginning of a curve to |
|
the left; |
|
2) 1,319.07 feet along the arc of said curve to |
|
the left having a radius of 2,050.00 feet, a central |
|
angle of 36 Degrees 52 Minutes 01 Second, and a chord |
|
that bears South 17 Degrees 44 Minutes 44 Seconds East, |
|
a distance of 1,296.43 feet; |
|
3) South 36 Degrees 10 Minutes 45 Seconds East, a |
|
distance of 425.92 feet to the beginning of a curve to |
|
the right; |
|
4) 84.00 feet along the arc of said curve to the |
|
right having a radius of 1,950.00 feet, a central angle |
|
of 02 Degrees 28 Minutes 05 Seconds, and a chord that |
|
bears South 34 Degrees 56 Minutes 42 Seconds East, a |
|
distance of 84.00 feet to the POINT OF BEGINNING and |
|
containing 313.559 acres (13,658,610 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 |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. The legislature finds that: |
|
(1) the Montgomery County Municipal Utility District |
|
No. 103, as created by Chapter 8262, Special District Local Laws |
|
Code, as added by this Act, is not officially created until |
|
confirmed by a majority of the voters of the district voting at an |
|
election held for that purpose; |
|
(2) securing the consent of political subdivisions to |
|
the creation of the district before the introduction or passage of |
|
this Act may be impractical because of the uncertainties of the |
|
legislative process; and |
|
(3) the constitutional requirement for the district's |
|
compliance with the provisions of the general laws relating to the |
|
consent of political subdivisions to the creation of the district |
|
and the inclusion of land within the district is satisfied if that |
|
consent is secured before the date and hour of canvassing the |
|
returns and declaring the results of the confirmation election. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |