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AN ACT
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relating to the creation of the Calhoun County Municipal Utility |
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District No. 1; 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 8231 to read as follows: |
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CHAPTER 8231. CALHOUN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8231.001. 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 Calhoun County Municipal |
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Utility District No. 1. |
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Sec. 8231.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Calhoun County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8231.003. 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 8231.022 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Calhoun County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8231.004. 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 8231.005-8231.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8231.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Robert Harriman; |
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(2) William B. Fuller; |
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(3) Jeffrey B. Holberg; |
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(4) Michael R. Jeter; and |
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(5) Donald D. Simmons. |
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(b) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than three |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of persons |
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to fill the vacancies on the board. |
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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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8231.022; or |
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(2) the date this chapter expires under Section |
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8231.003. |
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Sec. 8231.022. 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. 8231.023. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8231.022 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. 8231.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8231.025-8231.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8231.051. DIRECTORS; TERMS; ELECTIONS. (a) The |
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district is governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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(c) The appropriate number of directors shall be elected on |
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the uniform election date in May of even-numbered years. |
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[Sections 8231.052-8231.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8231.101. 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. 8231.102. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) The division procedure is prescribed by Sections 51.749 |
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through 51.758, Water Code. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district, except the power to |
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divide the district into new districts under this section. |
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SECTION 2. The Calhoun County Municipal Utility District |
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No. 1 includes all the territory contained in the following area: |
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Approximately 1033.78 acres of land situated in the Miguel |
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Castillo Survey, Abstract No. 7 and the Pedro Mirando League, |
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Abstract No. 27, Calhoun County, Texas and more fully described by |
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metes and bounds as follows: |
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All of that certain tract or parcel containing 1033.78 |
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acres situated in the Miguel Castillo Survey, Abstract |
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No. 7 and the Pedro Mirando League. Abstract No. 27., |
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Calhoun County, Texas and being the same property |
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described as Tract 1, Tract 2 and Tract 3 (422.12 |
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acres) in Special Warranty Deed dated July 24, 2000 |
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from Elizabeth Marie Hardy to G. P. Hardy, III, |
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recorded in Volume 258, Page 834 of the Official |
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Records of Calhoun County, Texas and the same property |
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described as 453 acres in deed from H. V. Heyland, et |
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ux, to R. H. Parker, Jr. and Lillian Ann Underwood, |
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recorded In Volume 242, Page 364 of the Deed Records of |
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Calhoun County, Texas and the same property described |
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as 128.48 acres in deed from J. P. Nunley, et ux, to R. |
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H. Parker, Jr. and Lillian Ann Underwood, recorded In |
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Volume 317, Page 879 of the Deed Records of Calhoun |
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County, Texas. This 1033.78 acres is more |
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particularly described by metes and bounds as follows: |
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BEGINNING at a 5/8 inch iron rod with plastic cap set |
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in the Southwest line of State Highway No. 185 and at |
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the West corner of a 12.155 acre tract described in |
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deed recorded in Volume 43, Page 322 of the Calhoun |
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County Deed Records and at the South corner of a 1.977 |
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acre tract described in deed recorded in Volume 43, |
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Page 337 of the Calhoun County Deed Records and in the |
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Northwest line of a 250 acre tract described as Tract |
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One of deed recorded in Volume 357, Page 736 of the |
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Calhoun County Official Records and in the Southeast |
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line of the above referenced 422.12 acre tract for the |
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East corner of this 1033.78 acres being described; |
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THENCE South 55° 00' 00" West (Base Bearing) [Deed call |
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= South 55° West], with the Northeast line of the said |
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250 acre tract and with the Southeast line of the said |
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422.12 acre tract, pass a 5/8 inch iron rod with |
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plastic cap set on line at a distance of 8477.30 feet |
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and continuing a total distance of 8877.30 feet to the |
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South corner of a 2.52 acre tract described as First |
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Tract in Easement recorded in Volume 115, Page 83 of |
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the Calhoun County Deed Records for the South corner of |
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this 1033.78 acres being described; |
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THENCE with the Southwest line of the said 422.12 acre |
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tract and along the deed call shoreline of Guadalupe |
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Bay and in part along the Right-of-Way of the Barge |
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Canal with the following meanders: |
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North 16° 44' 37" East a distance of 608.07 feet; |
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North 06° 13' 58" West a distance of 241.00 feet; |
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North 02° 55' 02" East a distance of 437.00 feet; |
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North 09° 12' 02" East a distance of 550.40 feet; |
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North 02° 16' 57" East a distance of 375.52 feet; |
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North 73° 37' 44" West a distance of 38.80 feet; |
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North 11° 47' 44" West a distance of 180.00 feet; |
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North 06° 32' 16" East a distance of 324.50 feet; |
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North 21° 03' 44" West a distance of 174.30 feet; |
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North 07° 56' 44" West a distance of 304.94 feet to |
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the West corner of a 2.46 acre tract described as |
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Second Tract in the above referenced Easement and |
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the West corner of the said 422.12 acre tract for |
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a corner of this 1033.78 acres being described; |
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THENCE North 55° 00' 00" East [Deed call = North 55° |
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East], with a Northwest line of the said 422.12 acre |
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tract and with the Southeast line of the said 453.0 |
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acre tract, a distance of 204.72 feet for a corner of |
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this 1033.78 acres being described; |
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THENCE with the East right-of-way line of the West Side |
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Calhoun County Navigation District (400' R.O.W.) as |
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follows; |
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North 04° 48' 57" West a distance of 169.46 feet; |
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North 08° 08' 57" West a distance of 200.20 feet; |
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North 12° 08' 57" West a distance of 200.00 feet; |
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North 15° 40' 57" West a distance of 200.00 feet; |
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North 18° 15' 57" West a distance of 100.00 feet; |
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North 21° 15' 57" West a distance of 200.00 feet; |
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North 23° 49' 57" West a distance of 95.00 feet; |
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North 26° 19' 57" West a distance of 105.00 feet; |
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North 28° 57' 57" West a distance of 100.20 feet; |
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North 22° 19' 57" West a distance of 450.00 feet; |
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North 45° 52' 57" West a distance of 908.80 feet; |
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North 43° 40' 57" West. 1173.70 feet to a point the |
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East right-of-way line of the said West Side |
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Calhoun County Navigation District., said point |
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being the West corner of the herein described |
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tract and South corner of the remainder of that |
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certain 11.08 acre tract of land as conveyed to |
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Belle D. Smith according to Instrument recorded |
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in Volume 25. Page 158 of the Official Records of |
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said County; |
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THENCE, North 72 deg. 45' 03" East, with the common |
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line of said 11.08 acre remainder, a distance of 651.30 |
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feet to a concrete monument found marking the East |
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corner of said 11.08 acre remainder and an Interior |
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corner of the herein described tract; |
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THENCE, North 17 deg. 14'57" West, a distance of 600.00 |
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feet to a concrete monument found marking the North |
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corner of the said 11.08 acre remainder and a |
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Northwesterly corner of the herein described tract; |
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THENCE, North 72 deg. 50' 33" East, along a barbed wire |
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fence, a distance of 770.10 feet to a called for fence |
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post for an angle point; |
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THENCE, North 70 deg. 39' 13" East, a distance of |
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178.59 feet to a called for fence post for an angle |
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point; |
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THENCE, North 68 deg. 25' 47" East, a distance of |
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249.83 feet to a called for fence post for an angle |
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point; |
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THENCE, North 66 deg. 41' 49" East, a distance of 74.41 |
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feet to a called for fence post for an angle point; |
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THENCE, North 56 deg. 31' 46" East, a distance of |
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254.74 feet to a called for fence post for an angle |
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point, said fence post being on the recognized common |
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line of said Miguel Castillo Survey and the Pedro |
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Miranda League; |
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THENCE, North 55 deg. 10' 25" East, along said common |
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line and general direction of said barbed wire fence, |
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distance of 4670.83 feet to a fence corner post found |
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marking the North corner of the herein described |
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tract, said fence post being in the Southwest |
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right-of-way line of said State Highway No. 185; |
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THENCE, South 31 deg. 31' 06" East, along said |
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right-of-way line and barbed wire fence, a distance of |
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2975.22 feet to a 5/8 inch diameter steel rebar set to |
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mark the North corner of a 0.52 acre tract of land as |
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conveyed to Virgil Claude Cassel according to |
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Instrument recorded in Volume 85, Page 411 of the Deed |
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Records of Calhoun County; |
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THENCE, South 58 deg. 28' 54" West, a distance of |
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150.00 feet to a 5/8 inch diameter steel rebar set to |
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mark the West corner of said 0.52 acre tract; |
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THENCE, South 31 deg. 31' 06" East, a distance of |
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150.00 feet to a 5/8 Inch diameter steel rebar set to |
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mark the South corner of said 0.52 acre tract; |
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THENCE, North 58 deg. 28' 54" East, a distance of |
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150.00 feet to a 5/8 inch diameter steel rebar found |
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marking the East corner of said 0.52 acre tract and |
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being in the Southwest right-of-way line of said State |
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Highway No. 185; |
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THENCE, South 31 deg. 31' 06" East, along said |
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right-of-way line, a distance of 404.19 feet to 5/8 |
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inch diameter steel rebar found marking the North |
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corner of a 1.00 acre tract of land as conveyed to |
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Donald Leonard Lynch, et ux, according to Instrument |
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recorded In Volume 206, Page 384 of the Deed Records of |
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said County; |
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THENCE, South 55 deg. 00' 54" West, a distance of |
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209.10 feet to a 5/8 inch diameter steel rebar found |
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marking the West corner of said1.00 acre tract; |
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THENCE, South 31 deg. 31' 06" East, a distance of |
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208.71 feet to a 5/8 inch diameter steel rebar found |
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marking the South corner of said 1.00 acre tract; |
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THENCE, North 55 deg. 00' 51" East, a distance of |
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209.10 feet to a 5/8 inch diameter steel rebar found |
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marking the East corner of the said 1.00 acre tract, |
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and being in the Southwest right-of-way line of said |
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State Highway No. 185; |
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THENCE, South 31 deg. 31' 06" East, along said |
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right-of-way line, a distance of 40.10 feet to the |
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POINT OF BEGINNING, CONTAINING within these metes and |
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bounds a 1033.78 acres. |
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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. 1990 passed the Senate on |
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May 8, 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. 1990 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 |