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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. 15; providing authority to impose a tax and issue |
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bonds; granting a limited 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 8346 to read as follows: |
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CHAPTER 8346. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8346.001. 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. 15. |
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Sec. 8346.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8346.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8346.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 8346.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8346.006-8346.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8346.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8346.052, directors serve |
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staggered four-year terms. |
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Sec. 8346.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8346.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8346.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8346.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8346.053-8346.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8346.101. 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. 8346.102. 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. 8346.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the Texas Commission on Environmental Quality as required by |
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Section 54.234, Water Code. |
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Sec. 8346.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8346.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8346.105. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8346.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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[Sections 8346.106-8346.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8346.151. 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: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8346.153. |
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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 the district voters voting at an |
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election held for that purpose. |
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Sec. 8346.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8346.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8346.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8346.154-8346.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8346.201. 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, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8346.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8346.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Waller County Municipal Utility District No. |
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15 initially includes all the territory contained in the following |
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area: |
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Being 564.883 acres of land located in the Randolph Foster |
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League, Abstract 27, Waller County, Texas, more particularly being |
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a portion of that certain called 672.719 acre tract conveyed to NBI |
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Properties, Inc., by instruments of record in Volume 1005, Page |
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102, Official Public Records, of said Waller County (W.C.O.P.R.) |
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and File No. 2006149078, Official Public Records, of Fort Bend |
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County (F.B.C.O.P.R.), and being a portion of that certain called |
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152.516 acre tract conveyed to NBI Properties, Inc., by instruments |
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of record in Volume 1005, Page 037, W.C.O.P.R., and File No. |
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2006149075, F.B.C.O.P.R., said 564.883 acres being more |
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particularly described by metes and bounds as follows (all bearings |
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are assumed); |
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BEGINNING at the northeast corner of said 672.719 acre tract, |
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same being the northeast corner of said Randolph Foster League, the |
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northwest corner of the Nathan Brookshire League, Abstract 14, and |
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on the common line of said Waller County and Fort Bend County; |
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Thence, with the east line of said 672.719 acre tract, the |
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east line of said Randolph Foster League and said common county |
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line, South 03° 52' 13" East (South 03° 51' 32" East), 1455.68 feet to |
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a point for corner; |
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Thence, leaving the east line of said 672.719 acre tract and |
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continuing with the east line of said Randolph Foster League and |
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said common county line, South 02° 07' 05" East, 2948.28 feet to a |
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point for corner, an angle point in said county line; |
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Thence, continuing with said county line, South 87° 55' 15" |
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West, 5634.05 feet to a point for corner on the common line of said |
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672.719 acre tract and F.M. 1489 (called 80 feet wide); |
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Thence, with the common line of said 672.719 acre tract and |
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said F.M. 1489, the following twelve (12) courses: |
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1) North 02° 21' 59" West (called North 02° 22' 01" West), |
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1567.51 feet to a point for corner; |
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2) North 01° 45' 59" West, 1141.30 feet to a point for |
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corner, the beginning of a curve; |
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3) 336.74 feet along the arc of a tangent curve to the left, |
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having a radius of 5730.88 feet, a central angle of 03° 22' 00" and a |
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chord which bears North 03° 26' 59" West, 336.69 feet to a point for |
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corner; |
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4) North 05° 07' 59" West, 544.03 feet to a point for corner; |
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5) North 04° 07' 59" West, 262.85 feet to a point for corner, |
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the beginning of a curve; |
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6) 780.21 feet along the arc of a tangent curve to the right, |
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having a radius of 485.91 feet, a central angle of 91° 59' 53" and a |
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chord which bears North 41° 51' 55" East, 699.06 feet to a point for |
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corner; |
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7) North 87° 51' 48" East, 1977.02 feet to a point for |
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corner, the beginning of a curve; |
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8) 220.50 feet along the arc of a non-tangent curve to the |
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right, having a radius of 2824.79 feet, a central angle of 04° 28' |
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21" and a chord which bears South 88° 43' 35" East, 220.45 feet to a |
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point for corner; |
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9) South 86° 29' 24" East, 204.78 feet to a point for corner, |
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the beginning of a curve; |
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10) 86.45 feet along the arc of a tangent curve to the left, |
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having a radius of 517.46 feet, a central angle of 09° 34' 20" and a |
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chord which bears North 88° 43' 26" East, 86.35 feet to a point for |
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corner; |
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11) South 86° 29' 20" East, 28.01 feet to a point for corner, |
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the beginning of a curve; |
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12) 263.52 feet along the arc of a tangent curve to the left, |
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having a radius of 326.48 feet, a central angle of 46° 14' 48" and a |
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chord which bears North 70° 23' 17" East, 256.43 feet to a point for |
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corner on the common survey line of said Randolph Foster League, |
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Abstract 27 (Waller County) and the William Cooper League, Abstract |
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20; |
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Thence with the north line of said 672.719 acre tract and said |
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common survey line, North 87° 49' 39" East, 827.66 feet to a point |
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for corner; |
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Thence, continuing with said north line and said common |
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survey line, North 87° 44' 38" East, 1562.25 feet to the POINT OF |
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BEGINNING and containing 564.883 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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1599 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1599 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |