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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. 123; providing authority to impose a tax and issue |
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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 8206 to read as follows: |
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CHAPTER 8206. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 123 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8206.001. 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 Montgomery County Municipal |
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Utility District No. 123. |
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Sec. 8206.002. 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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8206.103 and Section 52, Article III, Texas Constitution, has road |
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powers. |
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Sec. 8206.003. 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. 8206.004. 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. 8206.005. 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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[Sections 8206.006-8206.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8206.051. 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. 8206.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Damon Sachs; |
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(2) Emily Robinson; |
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(3) Dan McDonald; |
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(4) Matthew May; and |
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(5) Jeffrey Zinn. |
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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 8206.053-8206.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8206.101. 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. 8206.102. 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. 8206.103. 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 is located in the district and that has been certified by the |
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licensed engineer as a thoroughfare, arterial, or collector road, |
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or any improvements in aid of the 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) each county in which the road project is located if |
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the road project is not located in the corporate limits of a |
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municipality. |
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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. 8206.104. COMPLIANCE WITH MUNICIPAL CONSENT |
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RESOLUTION. The district shall comply with all applicable |
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requirements of any resolution, adopted by the governing body of a |
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municipality under Section 54.016, Water Code, that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8206.105. 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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[Sections 8206.106-8206.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8206.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from a source |
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other than ad valorem taxation. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(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. 8206.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8206.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district as provided by Chapter 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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[Sections 8206.153-8206.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8206.201. 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. 8206.202. 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 Montgomery County. |
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Sec. 8206.203. BONDS FOR RECREATIONAL FACILITIES. If |
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authorized at an election under Section 8206.151, 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. 8206.204. 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 Montgomery County Municipal Utility District |
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No. 123 initially includes all the territory contained in the |
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following area: |
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BEING a 971.06 acre tract of land situated in the Charles E. Dugat |
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Survey, Abstract-171, the Thomas J. Nichols Survey, Abstract-397, |
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and the Matthew Cartwright Survey, Abstract-135 Montgomery County, |
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Texas, and being a part of a 1056.19 acre tract recorded in Clerk's |
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File No. 99056276, Real Property Records, Montgomery County, Texas, |
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and a 766.50 acre tract as recorded under Clerk's File No. |
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2001-076094, and being more particularly described as follows: |
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BEGINNING at a ½" iron rod, in the south boundary line of the said |
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1056.19 acre tract, also being the northwesterly corner of a 24.27 |
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acre tract of land as recorded under Volume 254, Page 311, of the |
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Deed Records of Montgomery County, Texas; |
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THENCE S 02deg35'33" E, a distance of 4193.71' to a point for corner |
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being the southwesterly corner of a 7.14 acre tract of land as |
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recorded under Clerk's File No. 99057597, of the Real Property |
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Records of Montgomery County, Texas, |
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THENCE S 86deg47'39" W, a distance of 481.10' to a point for corner, |
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THENCE N 03deg12'21" W, a distance of 774.33' to a point for corner, |
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being the northerly northeast corner of a 96.20 acre tract of land |
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as recorded under Clerk's File No. 99026139, Real Property Records |
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of Montgomery County, Texas, |
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THENCE S 86deg47'39" W, a distance of 4894.23' to a point for |
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corner, being the northwesterly corner of the said 96.20 acre |
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tract, and being in the most easterly line of the said 1056.19 acre |
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tract, |
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THENCE N 03deg59'21" W, a distance of 1918.43' to a point for corner |
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being an interior angle point of a called 4285.30 acre tract of land |
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as recorded under Clerk's File No. 9722949, Real Property Records |
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of Montgomery County, Texas, and being a northwesterly corner of |
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the herein described tract; |
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THENCE N 86deg53'08" E, a distance of 1411.97' to a point for |
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corner, |
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THENCE N 03deg09'10" W, a distance of 1483.04' to a point for |
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corner, |
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THENCE N 86deg49'54" E, a distance of 2131.87' to a point for |
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corner, |
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THENCE N 00deg38'33" W, a distance of 181.03' to a point for corner, |
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being the southwesterly corner of Grand Lake Estates Section 10, a |
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subdivision recorded under Cabinet V, Sheet 124 of the Map Records |
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of Montgomery County, Texas, |
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THENCE S 89deg36'19" E, a distance of 342.01' to a point for corner, |
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THENCE S 72deg22'34" E, a distance of 63.23' to a point for corner, |
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THENCE N 89deg17'37" E, a distance of 251.57' to a point for corner, |
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being the southeasterly corner of Grand Lake Estates Section 10, |
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THENCE across the called 1056.91 acre tract as follows: |
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THENCE N 89deg17'39" E, a distance of 30.00' to a point for corner, |
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THENCE S 05deg56'27" W, a distance of 34.48' to a point for corner, |
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THENCE S 09deg16'49" E, a distance of 294.53' to a point for corner, |
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THENCE N 90deg00'00" E, a distance of 521.27' to a point for corner, |
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THENCE with a curve turning to the right, with an arc length of |
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85.98', having a radius of 160.00', a chord which bears N |
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15deg54'21" E, a chord length of 84.95',; |
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THENCE N 31deg17'59" E, a distance of 35.88' to a point for corner, |
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THENCE N 58deg42'01" W, a distance of 188.79' to a point for corner, |
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THENCE N 27deg04'02" E, a distance of 564.43' to a point for corner, |
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THENCE N 06deg18'45" W, a distance of 960.31' to a point for corner, |
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THENCE N 11deg17'41" E, a distance of 873.14' to a point for corner, |
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THENCE N 04deg21'27" W, a distance of 305.84' to a point for corner, |
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being a southeasterly corner of Grand Lake Estates, Section 7, a |
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subdivision recorded under Cabinet P, Sheet, 71, of the Map Records |
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of Montgomery County, Texas, |
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THENCE across the southerly line of Grand Lake Estates Section 7 as |
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follows: |
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THENCE S 80deg00'00" E, a distance of 255.64' to a point for corner, |
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THENCE N 10deg00'00" E, a distance of 75.46' to a point for corner, |
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THENCE S 80deg00'00" E, a distance of 527.93' to a point for corner, |
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THENCE N 13deg49'27" E, a distance of 371.17' to a point for corner, |
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THENCE N 68deg49'52" W, a distance of 481.42' to a point for corner, |
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THENCE N 02deg36'41" W, a distance of 463.18' to a point for corner, |
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THENCE N 39deg43'35" E, a distance of 66.51' to a point for corner, |
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THENCE S 60deg31'41" E, a distance of 513.34' to a point for corner, |
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THENCE S 76deg32'37" E, a distance of 240.79' to a point for corner, |
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THENCE N 42deg56'06" E, a distance of 514.37' to a point for corner, |
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THENCE N 13deg05'08" W, a distance of 197.92' to a point for corner, |
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THENCE N 83deg11'23" E, a distance of 248.21' to a point for corner, |
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THENCE S 13deg05'08" E, a distance of 16.86' to a point for corner, |
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THENCE N 83deg11'23" E, a distance of 241.60' to a point for corner, |
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THENCE N 06deg17'39" E, a distance of 63.17' to a point for corner, |
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THENCE N 34deg26'11" E, a distance of 66.65' to a point for corner, |
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THENCE N 01deg50'54" W, a distance of 38.31' to a point for corner, |
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THENCE N 05deg02'40" E, a distance of 135.34' to a point for corner, |
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THENCE N 83deg11'23" E, a distance of 46.95' to a point for corner, |
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THENCE S 22deg45'31" E, a distance of 123.44' to a point for corner, |
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THENCE S 46deg07'36" E, a distance of 85.93' to a point for corner, |
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THENCE S 27deg13'26" E, a distance of 199.65' to a point for corner, |
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THENCE S 00deg28'34" W, a distance of 117.40' to a point for corner, |
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THENCE S 26deg34'06" W, a distance of 153.52' to a point for corner, |
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THENCE S 09deg43'52" E, a distance of 87.19' to a point for corner, |
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THENCE S 48deg01'24" E, a distance of 99.11' to a point for corner, |
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THENCE N 48deg26'34" E, a distance of 58.73' to a point for corner, |
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THENCE S 72deg47'01" E, a distance of 52.55' to a point for corner, |
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THENCE S 05deg40'46" W, a distance of 109.61' to a point for corner, |
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THENCE N 88deg51'58" E, a distance of 136.71' to a point for corner, |
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THENCE N 23deg45'12" E, a distance of 373.71' to a point for corner, |
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for the most easterly corner of Grand Lake Estates Section 7, |
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THENCE with a curve turning to the left, with an arc length of |
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142.52', having a radius of 330.00', a chord which bears S |
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76deg03'33" E, a chord length of 141.42', |
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THENCE N 88deg51'58" E, a distance of 703.56' to a point for corner |
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being the northwesterly corner of Grand Lake Estates Section 8, as |
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recorded under Cabinet R, Sheet 75, of the Map Records of Montgomery |
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County, Texas, |
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THENCE S 03deg57'41" E, along the westerly line of Grand Lake |
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Estates Section 8, a distance of 742.80' to a point for corner, |
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THENCE along the southerly line of Grand Lake Estates Section 8 as |
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follows: |
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THENCE S 83deg33'48" E, a distance of 279.69' to a point for corner, |
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THENCE S 23deg30'47" E, a distance of 390.65' to a point for corner, |
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THENCE S 66deg33'01" E, a distance of 359.88' to a point for corner, |
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THENCE N 81deg42'44" E, a distance of 742.77' to a point for corner, |
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THENCE S 34deg40'50" E, a distance of 327.59' to a point for corner, |
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THENCE N 88deg56'36" E, a distance of 2214.90' to a point for |
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corner, |
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THENCE S 02deg25'04" E, leaving the southerly line of Grand Lake |
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Estates Section 8, a distance of 3330.73' to a point for corner in |
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the northerly line of a 30.00 acre tract of land as recorded under |
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Clerk's File No. 9736509, of the Real Property Records of |
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Montgomery County, Texas, |
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THENCE S 86deg48'56" W, a distance of 3747.25' to a point for |
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corner, in the northerly line of a 29.08 acre tract of land as |
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recorded under Clerk's File No. 9638969, of the Real Property |
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Records of Montgomery County, Texas, and being the southwesterly |
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corner of the said 766.50 acre tract, |
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THENCE N 04deg09'18" W, a distance of 1473.34' to a point for |
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corner, being the northeasterly corner of a 24.77 acre tract of land |
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as recorded under Clerk's File No. 9672346, of the Real Property |
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Records of Montgomery County, Texas, and being the southeasterly |
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corner of the said 1056.19 acre tract, |
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THENCE S 87deg18'57" W, along the southerly line of the said |
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1056.19 acre tract, a distance of 1619.19' to a point for corner, |
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being the northwesterly corner of the said 24.77 acre tract, and |
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being the northeasterly corner of the said 24.27 acre tract, |
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THENCE S 87deg35'34" W, a distance of 1612.68', back to the POINT OF |
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BEGINNING, and containing 971.06 acres 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. |