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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 Fulshear Municipal Utility District |
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No. 1 of Fort Bend County; providing authority to impose a tax and |
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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 8207 to read as follows: |
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CHAPTER 8207. FULSHEAR MUNICIPAL UTILITY DISTRICT |
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NO. 1 OF FORT BEND COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8207.001. 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 Fulshear Municipal Utility |
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District No. 1 of Fort Bend County. |
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Sec. 8207.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Fort Bend County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8207.003. 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 8207.024 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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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 Fort Bend 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, 2014. |
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Sec. 8207.004. 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: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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[Sections 8207.005-8207.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8207.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Simmi Jaggi Basra; |
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(2) Elizabeth Clampitt; |
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(3) Derek Hargrove; |
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(4) William Swanson; and |
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(5) Hank Kidd. |
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(b) If a temporary director fails to qualify for office, the |
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Texas Commission on Environmental Quality shall appoint a person to |
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fill the vacancy. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8207.024; or |
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(2) the date this chapter expires under Section |
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8207.003. |
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Sec. 8207.022. 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. If a location cannot be |
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agreed upon, the directors shall meet at the Fort Bend County |
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Courthouse. At the meeting, the temporary directors shall elect |
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officers from among the temporary directors and conduct any other |
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district business. |
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Sec. 8207.023. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8207.024 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has adopted a |
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resolution consenting to the creation of the district. |
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Sec. 8207.024. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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Sec. 8207.025. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8207.024 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8207.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8207.027-8207.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8207.051. 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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[Sections 8207.052-8207.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8207.101. 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. 8207.102. ROAD PROJECTS. (a) To the extent |
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authorized by Section 52, Article III, Texas Constitution, the |
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district may construct, acquire, improve, maintain, or operate |
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macadamized, graveled, or paved roads or turnpikes, or improvements |
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in aid of those roads or turnpikes, inside the district. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulations of |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located. If the district is not |
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located in the corporate limits or extraterritorial jurisdiction of |
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a municipality, a road project must meet all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulations of each county in which the district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by resolution. |
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Sec. 8207.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR |
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RESOLUTIONS. 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 City of Fulshear. |
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[Sections 8207.104-8207.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8207.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 8207.201. |
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[Sections 8207.152-8207.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8207.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other |
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obligations as provided by Chapters 49 and 54, Water Code, to |
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finance the construction, maintenance, or operation of a project |
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under Section 8207.101 or 8207.102. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8207.102 unless the issuance |
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is approved by a vote of a two-thirds majority of the district |
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voters voting at an election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8207.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Fulshear Municipal Utility District No. 1 of |
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Fort Bend County includes all the territory contained in the |
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following area: |
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All that certain 559.97 acres of land out of the Churchill Fulshear |
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League, A-29 and being more particularly described by metes and |
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bounds as follows, all coordinates and bearings being referred to |
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the Texas Plain Coordinate System, South Central Zone, all |
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distances shown are surface and may be converted to grid by |
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multiplying by a combined scale factor of 0.99988107. |
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BEGINNING at a found 3/4" iron pipe in the south right-of-way line |
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of F.M. 1093 (100' wide) having state plain coordinates of |
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Y=13812541.25 X=2951919.61; |
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Thence with said south right-of-way line for the following six |
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courses and distances: |
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Thence S 89° 09' 28" E - 109.25' to a found 3/4" iron pipe for angle |
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point; |
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Thence N 88° 12' 11" E - 134.25' to a found 3/4" iron pipe for angle |
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point; |
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Thence N 83° 08' 18" E - 33.72' found 5/8" iron rod with cap for angle |
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point; |
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Thence N 82° 10' 27" E - 104.93' found 5/8" iron rod with cap for |
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angle point; |
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Thence N 78° 13' 14" E - 103.12' found 5/8" iron rod with cap for |
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angle point; |
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Thence N 74° 48' 15" E - 12.13' found 5/8" iron rod with cap for angle |
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point; |
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Thence S 1° 31' 32" E - 272.75', with the west line of a called 1.00 |
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acre tract of land described in a deed dated 03-19-2003 from Sethora |
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Bell Nott West to Frances Smart filed at Clerk File No. 2003036275 |
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to a found 3/4" iron pipe for corner; |
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Thence N 88° 28' 28" E - 453.56' to a found 5/8" iron rod with cap for |
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corner; |
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Thence N I° 30' 19" W - 302.52', with the east line of a called 2.2155 |
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acre tract of land described in a deed dated 05-10-1990 from Federal |
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Deposit Insurance Corp. to City of Fulshear, filed at Volume 2210, |
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Pg. 2029 Fort Bend County Deed Records to a found 3/4" iron pipe for |
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corner; |
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Thence S 84° 09' 54" E - 66.59' to a found 1 ¼" iron pipe for angle |
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point; |
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Thence N 84° 13' 20" E - 141.77' to a found 1 ¼" iron pipe for angle |
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point; |
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Thence N 82° 24' 05" E - 366.36' to a found 1 ¼" iron pipe for corner; |
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Thence N 26° 49' 05" E - 288.84' to a found 1 ¼" iron pipe for corner; |
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Thence N 83° 17' 51" E - 199.80' to a found 1 ¼" iron pipe for corner; |
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Thence N 6° 03' 32" W - 151.80' to a found 5/8" iron rod with cap for |
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corner; |
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Thence N 82° 58' 28" E - 247.20', with the south line of the |
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aforementioned Metropolitan Transit Authority of Harris County |
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tract to a found 5/8" iron rod with cap for corner; |
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Thence S 1° 15' 35" E - 1101.52', with the west line of a called |
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20.089 acre tract of land described in a deed dated 07-02-1999 from |
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Jim Gibson, Trustee to H&G Joint Venture, filed at Clerk File No. |
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1999057259 to a point for corner; |
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Thence S 88° 28' 28" W - 662.15', with the north line of a called |
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59.93 acre tract of land described in a deed dated 12-15-1967 from |
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E.M. Huggins, Sr., et ux to Carrie R. Pickard, filed at Volume 495, |
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Page 744 Fort Bend County Deed Records to a found 1" iron pipe for |
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corner; |
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Thence S 1° 27' 32" E - 430.22', with the east line of said 59.93 acre |
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tract to a found 5/8", iron rod with cap for corner; |
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Thence N 88° 30' 44" E - 2332.55', with the south line of said 59.93 |
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acre tract to a found 5/8" iron rod with cap for corner; |
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Thence S 1° 40' 54" E - 1095.91', with the west line of a called |
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101.3597 acre tract of land conveyed to George Gayle Jr. filed at |
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Volume 629, Page 43 Fort Bend County Deed Records to a found 5/8" |
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iron rod with cap for angle point; |
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Thence S 2° 23' 52" E - 476.42', continuing with said west line to a |
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found 4" iron pipe for corner; |
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Thence S 87° 45' 13" W - 14.70' to a found 5/8" iron rod with cap for |
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corner; |
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Thence S 2° 06' 35" E - 3042.83', with the west line of a called |
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101.782 acre tract of land conveyed to George Gayle Jr. described in |
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a deed filed at Volume 672, Page 169 Fort Bend County Deed Records |
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to a found 5/8" iron rod with cap for corner; |
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Thence S 88° 46' 07" W - 14.40' to a found 5/8" iron rod with cap for |
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corner; |
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Thence S 1° 20' 46" E - 1743.09', with the west line of a called 125 |
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acre tract of land conveyed to Dan Harrison Jr. described in a deed |
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filed at Volume 557, Page 227 Fort Bend County Deed Records to a |
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found 5/8" iron rod with cap for corner; |
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Thence S 88' 39' 14" W - 2303.93', to a found 5/8" iron rod with cap |
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for corner; |
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Thence N 62° 16' 40" W - 1252.23' with the north line of a tract of |
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land conveyed to Dan J. Harrison III and Bruce Finch Harrison in a |
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deed filed at Volume 565, Page 244 Fort Bend County Deed Records; |
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Thence along the margin of Grassy Lake for the following six courses |
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and distances: |
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Thence N 31° 24' 28" E - 152.31' to an angle point; |
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Thence N 34° 24' 37" E - 154.00' to an angle point; |
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Thence N 23° 55' 37" E - 116.30' to an angle point; |
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Thence N 36° 00' 37" E - 224.00' to an angle point; |
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Thence N 21° 02' 37" E - 261.80' to an angle point; |
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Thence N 17° 46' 37" E - 288.22' to an angle point; |
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Thence N 68° 58' 13" W - 994.83', with the north line of a called |
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17.806 acre tract of land described in a deed dated 01-10-1987 from |
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Anna Ruth Turner McCann to McCann Family Trusts filed at Volume |
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1928, Pg. 827 Fort Bend County Deed Records to a found 3/4" iron |
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pipe for corner; |
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Thence N 1° 34' 03" W - 1445.29', with the east line of a called 190 |
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acre tract of land described in a deed dated 07-17-1987 from P. |
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Michael Wells to P. Michael Wells, Trustee filed at Volume 1963, |
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Page 1436 Fort Bend County Deed Records to a found 3/4" iron pipe |
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for angle point; |
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Thence N 1° 32' 09" W - 3846.77', continuing with said east line to |
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the POINT OF BEGINNING containing 559.97 acres (24,392,276 square |
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feet) of land for Fulshear M.U.D. No. 1 more 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 September 1, 2007. |