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AN ACT
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relating to the creation of the Waller County Municipal Utility |
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District No. 2; providing authority to impose a tax and issue bonds; |
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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 8236 to read as follows: |
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CHAPTER 8236. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8236.001. 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 Waller County Municipal |
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Utility District No. 2. |
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Sec. 8236.002. NATURE OF DISTRICT. (a) The district is a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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(b) The district, to the extent authorized by Section |
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8236.103 and Section 52, Article III, Texas Constitution, has road |
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powers. |
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Sec. 8236.003. CONFIRMATION ELECTION REQUIRED. The board |
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shall hold an election to confirm the creation of the district as |
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provided by Section 49.102, Water Code. |
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Sec. 8236.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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Sec. 8236.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for a purpose for |
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which the district is created or to pay the principal of and |
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interest on the bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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Sec. 8236.006. EFFECT OF CHAPTER ON BROOKSHIRE-KATY |
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DRAINAGE DISTRICT OF WALLER COUNTY. This chapter does not affect |
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the powers of the Brookshire-Katy Drainage District of Waller |
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County. |
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[Sections 8236.007-8236.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8236.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8236.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Jason Kelly; |
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(2) Sandra E. Baggett; |
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(3) Irma Ocampo; |
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(4) Paul Cornett; and |
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(5) Ben Stamets. |
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(b) Unless the initial board agrees otherwise, the initial |
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directors shall draw lots to determine which two shall serve until |
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the first regularly scheduled election of directors and which three |
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shall serve until the second regularly scheduled election of |
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directors. |
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(c) This section expires September 1, 2014. |
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[Sections 8236.053-8236.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8236.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8236.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8236.103. ROAD PROJECTS. (a) Under Section 52, |
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Article III, Texas Constitution, the district may finance, |
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construct, or acquire a road project as provided by this section. |
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(b) The district shall employ or contract with a licensed |
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engineer to certify whether a proposed road project meets the |
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criteria for a thoroughfare, arterial, or collector road of: |
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(1) a county in whose jurisdiction the proposed road |
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project is located; or |
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(2) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the proposed road project is |
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located. |
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(c) The district may finance, construct, or acquire a road |
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that has been certified by the licensed engineer as a thoroughfare, |
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arterial, or collector road, or any improvements in aid of the |
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certified road. |
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(d) A road project must meet all applicable standards, |
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regulations, ordinances, or orders of: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; and |
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(2) if the road project is not located in the corporate |
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limits of a municipality, each county in which the road project is |
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located. |
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(e) The district may, with the consent of the municipality |
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or county, convey a completed road project to: |
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(1) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; or |
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(2) a county in which the road project is located. |
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Sec. 8236.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution, adopted by the |
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governing body of a municipality under Section 54.016, Water Code, |
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that consents to the creation of the district or to the inclusion of |
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land in the district. |
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[Sections 8236.105-8236.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8236.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from a source |
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other than ad valorem taxation. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election held for that purpose. |
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Sec. 8236.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8236.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by 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 8236.153-8236.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8236.201. 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. 8236.202. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of a bond, note, or other |
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obligation issued or incurred to finance a road project may not |
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exceed one-fourth of the assessed value of real property in the |
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district according to the most recent certified tax appraisal roll |
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for Waller County. |
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Sec. 8236.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The Waller County Municipal Utility District No. |
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2 initially includes all the territory contained in the following |
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area: |
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Being a 419.987-acre (18,294,644 square foot) tract of land |
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situated in the H. &T.C.R.R. Survey, Section 73, A-154, the T.S. |
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Reese Survey, A-330 and the Nathan Brookshire Survey, A-16, Waller |
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County, Texas, being out of a 150.62-acre tract of land recorded in |
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Volume 262, Page 403 of the Waller County Deed Records, being out of |
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a 93.675-acre tract of land recorded in Volume 240, Page 93 of the |
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Waller County Deed Records, being out of a 24.1408-acre tract of |
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land recorded in Volume 250, Page 9 of the Waller County Deed |
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Records, being out of a 302.299-acre tract of land recorded in |
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Volume 233, Page 774 of the Waller County Deed Records, being out of |
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a 191.19-acre tract of land recorded in Volume 237, Page 329 of the |
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Waller County Deed Records and being more particularly described by |
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metes and bounds as follows: |
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BEGINNING at a 4-inch x 4-inch concrete monument found for the |
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point-of-intersection of the westerly right-of-way line of Woods |
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Road (80 feet wide) with the southerly right-of-way line of |
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Interstate Highway No. 10 (width varies) for the northeasterly |
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corner of said 191.19-acre tract and for the northeasterly corner |
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of this tract; |
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THENCE South 02° 06' 49" East, a distance of 1,690.14 feet with the |
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westerly right-of-way line of said Woods Road to a 5/8-inch iron rod |
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with cap stamped "Weisser Eng. Houston, Tx." set for a |
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point-of-curvature; |
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THENCE In a southerly direction with the westerly right-of-way line |
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of said Woods Road and with a tangent curve to the right having a |
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radius of 1,105.92 feet, a central angle of 17° 00' 00", a length of |
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328.13 feet and a chord bearing South 06° 23' 11" West, a distance of |
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326.93 feet to a 1/2-inch iron pipe found for a point-of-tangency; |
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THENCE South 14° 53' 11" West, a distance of 249.26 feet with the |
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westerly right-of-way line of said Woods Road to a 1/2-inch iron |
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pipe found for a point-of-curvature; |
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THENCE In a southerly direction with the westerly right-of-way line |
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of said Woods Road and with a tangent curve to the left having a |
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radius of 1,185.92 feet, a central angle of 17° 30' 00", a length of |
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362.22 feet and a chord bearing South 06° 08' 11" West, a distance of |
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360.81 feet to a 1/2-inch iron pipe found for a point-of-tangency; |
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THENCE South 02° 36' 49" East, a distance of 2,007.29 feet with the |
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westerly right-of-way line of said Woods Road to a 5/8-inch iron rod |
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with cap stamped "Weisser Eng. Houston, Tx." set for the |
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southeasterly corner of said 150.62-acre tract and for the |
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southeasterly corner of this tract, from which a 1-1/2-inch iron |
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pipe found bears South 87° 46' 29" West, a distance of 0.69 feet; |
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THENCE South 87° 46' 29" West, a distance of 3,184.82 feet with the |
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northerly line of a 150.0909-acre tract of land described as "First |
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Tract" as recorded in Volume 152, Page 268 of the Waller County Deed |
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Records to a 1-1/2-inch iron pipe found for the most southerly |
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southwesterly corner of this tract; |
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THENCE North 02° 33' 17" West, a distance of 1,996.16 feet with the |
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easterly line of the Archie K. Brookshire 30-acre tract of land as |
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recorded in Volume 60, Page 580 of the Waller County Deed Records to |
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a 1-1/2-inch iron pipe found for an interior corner of this tract; |
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THENCE South 86° 30' 38" West, a distance of 1,396.67 feet with the |
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northerly line of said 30-acre tract and with the northerly line of |
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the Howard L. Brookshire 30-acre tract of land as recorded in Volume |
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147, Page 248 of the Waller County Deed Records to a 1-1/2-inch iron |
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pipe found for an interior corner of this tract; |
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THENCE South 03° 34' 47" East, a distance of 703.09 feet with the |
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westerly line of said Howard L. Brookshire 30-acre tract to a |
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1-1/2-inch iron pipe found for an angle point of this tract; |
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THENCE South 02° 27' 11" East, a distance of 364.21 feet with the |
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westerly line of said Howard L. Brookshire 30-acre tract to a |
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5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set |
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for a southeasterly corner of this tract; |
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THENCE South 87° 24' 31" West, a distance of 1,319.86 feet with the |
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northerly line of a 51.4349-acre tract of land conveyed to Ferrin B. |
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Moreland, et ux, as recorded in Volume 425, Page 448 of the Waller |
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County Deed Records to a point in the centerline of Brookshire Creek |
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for the southwesterly corner of this tract; |
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THENCE North 09° 09' 28" East, a distance of 205.56 feet with the |
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centerline of said Brookshire Creek to an angle point of this tract; |
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THENCE North 86° 15' 35" East, a distance of 824.76 feet with a |
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southerly line of the City of Brookshire Extra Territorial |
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Jurisdiction (ETJ) to an angle point of this tract; |
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THENCE North 03° 14' 31" West, a distance of 963.99 feet with an |
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easterly line of said ETJ to an angle point of this tract; |
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THENCE North 86° 33' 18" East, a distance of 1,511.04 feet with a |
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southerly line of said ETJ to an angle point of this tract; |
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THENCE North 03° 23' 50" West, a distance of 2,146.58 feet with an |
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easterly line of said ETJ to an angle point of this tract; |
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THENCE North 86° 59' 22" East, a distance of 691.51 feet with a |
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southerly line of said ETJ to an angle point of this tract; |
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THENCE North 02° 19' 12" West, a distance of 1,237.10 feet with an |
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easterly line of said ETJ to an angle point of this tract; |
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THENCE South 82° 59' 18" East, a distance of 1,969.10 feet with the |
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southerly right-of-way line of said Interstate Highway No. 10 (320 |
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feet wide) to a 5/8-inch iron rod with cap stamped "Weisser Eng. |
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Houston, Tx." set for a point-of-curvature, from which a 4-inch |
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concrete monument found bears South 83° 31' 43" East, a distance of |
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0.85 feet; |
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THENCE In an easterly direction with the southerly right-of-way |
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line of said Interstate Highway No. 10 and with a tangent curve to |
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the right having a radius of 532.96 feet, central angle of 31° 16' |
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33", a length of 290.92 feet and a chord bearing South 67° 21' 02" |
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East, a distance of 287.33 feet to a 5/8-inch iron rod with cap |
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stamped "Weisser Eng. Houston, Tx." set for a point-of-tangency, |
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from which a 4-inch concrete monument found bears South 79° 35' 01" |
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East, a distance of 0.73 feet; |
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THENCE South 5l° 42' 45" East, a distance of 463.64 feet with the |
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southerly right-of-way line of said Interstate Highway No. 10 to a |
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5/8-inch iron rod with cap stamped "Weisser Eng. Houston, Tx." set |
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for a point-of-curvature, from which a 4-inch concrete monument |
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found bears South 77° 49' 56" East, a distance of 1.16 feet; |
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THENCE In an easterly direction with the southerly right-of-way |
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line of said Interstate Highway No. 10 and with a tangent curve to |
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the left having a radius of 612.96 feet, central angle of 40° 00' |
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00", a length of 427.93 feet and a chord bearing South 71° 42' 45" |
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East, a distance of 419.29 feet to a 5/8-inch iron rod with cap |
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stamped "Weisser Eng. Houston, Tx." set for a point-of-tangency, |
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from which a 4-inch concrete monument found bears South 66° 01' 45" |
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East, a distance of 0.52 feet; |
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THENCE North 88° 17' 15" East, a distance of 105.30 feet with the |
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southerly right-of-way line of said Interstate Highway No. 10 to |
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the POINT OF BEGINNING and containing 419.987 acres (18,294,644 |
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square feet) of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1954 passed the Senate on |
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April 26, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1954 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |