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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 Fort Bend County Water Control and |
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Improvement District No. 10; providing authority to impose a tax |
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and issue 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 9034 to read as follows: |
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CHAPTER 9034. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 10 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9034.001. 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 Fort Bend County Water |
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Control and Improvement District No. 10. |
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Sec. 9034.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9034.003. 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. 9034.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 9034.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 9034.005. 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 water control and improvement district as |
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provided by general law and Section 59, Article XVI, Texas |
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Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9034.006. 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 9034.007-9034.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9034.051. 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 9034.052, directors serve |
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staggered four-year terms. |
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Sec. 9034.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Jay Henry; |
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(2) Mark Schindler; |
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(3) David Vercellino; |
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(4) Chris Sitka; and |
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(5) Chrystal Seymour. |
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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 9034.003; 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 9034.003 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 9034.003; 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 9034.053-9034.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9034.101. 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. 9034.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 9034.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9034.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 9034.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 42.042, Local Government Code, and 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. 9034.106. 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 9034.103; 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 9034.107-9034.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9034.151. 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 9034.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 51, 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. 9034.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 9034.151, 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. 9034.153. 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 9034.154-9034.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 9034.201. 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. 9034.202. 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 Section 51.433, Water Code. |
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Sec. 9034.203. 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 Fort Bend County Water Control and |
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Improvement District No. 10 initially includes all the territory |
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contained in the following area: |
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TRACT 1 |
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BEING a 150.22 acre tract of land situated in the Knight & |
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White League, Abstract Number 46, Fort Bend County, Texas and being |
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all of the following tracts of land; a called 42.00 acre tract of |
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land described in an instrument filed for record under Fort Bend |
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County Clerk's File Number (F.B.C.C.F. No.) 2007072919, a called |
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4.248 acre tract of land described in an instrument filed for record |
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under F.B.C.C.F. No. 2007151784, a called 103.97 acre tract |
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described and recorded under F.B.C.C.F. No. 2007151785, said 150.22 |
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acre tract of land being more particularly described by metes and |
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bounds as follows: |
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Bearing orientation is based on the Texas State Plane |
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Coordinate System, South Central Zone, NAD83. |
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BEGINNING at a 1-inch iron pipe (disturbed) found for the |
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northeast corner of said 42.00 acre tract and being in the south |
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right-of-way line of Farm-to-Market Road 359 (100-foot width), same |
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also being the northwest corner of Landscape Reserve "B" of Grand |
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River, a subdivision plat filed for record under Slide Number 1650A |
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of the Fort Bend County Plat Records; |
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THENCE S 02°38'36" E, along the east line of said 42.00 acre |
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tract, the west line of said Landscape Reserve "B" and a west line |
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of Block 5 of said Grand River, at a distance of 520.70 feet pass a |
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5/8-inch iron rod found for the southwest corner of said Landscape |
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Reserve "B" and the northwest corner of Lot 1, Block 5 of said Grand |
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River, at a distance of 1,127.70 feet pass a 5/8-inch iron rod found |
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for the southwest corner of said Lot 1, Block 5 and the northwest |
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corner of Lot 2, Block 5 of said Grand River and continuing for a |
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total distance of 1,520.14 feet to a 1-inch iron pipe with a cap and |
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tack found for the southeast corner of said 42.00 acre tract, same |
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being the northeast corner of Lot 10, Block 5 of said Grand River; |
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THENCE S 87°50'53" W, along the south line of said 42.00 acre |
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tract and a north line of said Block 5 of said Grand River, at a |
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distance of 153.02 feet pass a 5/8-inch iron rod found for the |
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northwest corner of said Lot 10, Block 5 and the northeast corner of |
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Lot 11, Block 5 of said Grand River, at a distance of 722.00 feet |
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pass a 5/8-inch iron rod found for the northwest corner of said Lot |
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11, Block and the northeast corner of Lot 23, Block 5 of said Grand |
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River and continuing for a total distance of 1,288.35 feet to a |
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1-inch iron pipe with a cap and tack found for the southwest corner |
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said called 42.00 acre tract, same being the southeast corner of Lot |
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24, Block 5 and the northwest corner of Lot 23, Block 5 of said |
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Grand River, same also being in the east right-of-way line of |
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Winner's Circle (width varies) as shown on the plat of said Grand |
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River; |
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THENCE N 02°33'25" W, a distance of 1,011.30 feet along a west |
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line of said 42.00 and the east line of Lot 24, Block 5 of said |
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Grand River to a 1-inch iron pipe with a cap and tack found for a |
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northwest corner of said 42.00 acre tract, the northeast corner of |
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said Lot 24, Block 5, same also being in the south line of said 4.248 |
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acre tract of land; |
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THENCE S 89°18'56" W, a distance of 397.63 feet along the |
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south line of said 4.248 acre tract and a north line of said 42.00 |
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acre tract and the north line of said Lot 24, Block 5 to a 1 1/4-inch |
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iron pipe found for the northwest corner of said Lot 24, Block 5; |
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THENCE S 02°33'25" E, along the east line of said 103.97 acre |
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tract and a west line of Block 5 of said Grand River, at a distance |
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of 861.00 feet pass through a 5/8-inch iron rod found for the |
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southwest corner of said Lot 24, Block 5 and the northwest corner of |
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Lot 25, Block 5 of said Grand River, at a distance of 1,285.05 feet |
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pass through a 5/8-inch iron rod found for the southwest corner of |
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said Lot 25 and the northwest corner of Lot 26, Block 5 of said Grand |
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River and continuing for a total distance of 1,596.28 feet to a |
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1-inch iron pipe found for the southeast corner of said 103.97 acre |
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tract, same being the southwest corner of said Lot 26, same also |
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being in the north line of Lot 27, Block 5 of said Grand River; |
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THENCE S 89°10'00" W, along the south line of said 103.97 acre |
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tract and a north line of said Block 5, at a distance of 839.79 feet |
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pass through a 5/8-inch iron rod found for the northwest corner of |
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Lot 32, Block 5 and the northeast corner of Lot 33, Block 5 of said |
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Grand River, at a distance of 1,099.79 feet pass through a 5/8-inch |
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iron rod found for the northwest corner of said Lot 33 and the |
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northeast corner of Lot 34, Block 5 of said Grand River, at a |
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distance of 2,014.78 feet pass a 5/8-inch iron rod found for the |
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northwest corner of said Lot 34, same being in the east right-of-way |
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line of McCrary Road (width varies), same also being the northeast |
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corner of a 35-foot wide roadway dedication as shown on the plat of |
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said Grand River and continuing for a total distance of 2,049.79 |
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feet to a 5/8-inch iron rod with a cap stamped "Brown & Gay" found |
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for the southwest corner of said called 103.97 acre tract, same |
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being in the east line of McCrary Road (as occupied, width varies); |
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THENCE N 02°08'00" W, a distance of 2,134.43 feet along the |
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west line of said 103.97 acre tract and the east line of said |
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McCrary Road (as occupied, width varies) to a 5/8-inch iron rod with |
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a cap stamped "Brown & Gay" found for the northwest corner of said |
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called 103.97 acre tract, same being the intersection of the east |
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right-of-way line of said McCrary Road with the south right-of-way |
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line of Farm-to-Market Road 359 (100-foot width) as described in |
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the following instruments of record: Volume 127, Page 521, Volume |
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130, Page 20 and Volume 130, Page 178, all of the Fort Bend County |
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Deed Records; |
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THENCE N 89°13'09" E, a distance of 2,703.55 feet along the |
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north line of said 103.97 acre tract and said 4.248 acre tract, |
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being the south right-of-way line of said Farm-to-Market Road 359 |
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to a 3/4-inch iron pipe found for the northeast corner of said 4.248 |
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acre tract and the northwest corner of said 42.00 acre tract; |
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THENCE N 89°05'34" E, a distance of 1,014.69 feet continuing |
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along said south right-of-way line and the north line of said 42.00 |
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acre tract to the POINT OF BEGINNING and containing 150.22 acres of |
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land. |
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TRACT 2 |
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BEING a 1.628 acre tract of land situated in the Randall Jones |
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Survey, Abstract Number 42, Fort Bend County, Texas and being all of |
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a called 1.4364 acre tract of land described in an instrument filed |
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for record under Fort Bend County Clerk's File Number (F.B.C.C.F. |
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No.) 2008028142 and a called 0.1928 acre tract described and |
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recorded under F.B.C.C.F. No. 2008028143, said 1.628 acre tract of |
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land being more particularly described by metes and bounds as |
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follows: |
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Bearing orientation is based on the Texas State Plane |
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Coordinate System, South Central Zone, NAD83. |
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BEGINNING at the northeast corner of said 1.4364 acre tract |
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and the northwest corner of a called 1.71 acre tract described and |
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recorded under F.B.C.C.F. No. 2003174431 and being in the south |
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right-of-way line of Farm-to-Market Road 359 (100-foot width), |
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THENCE S 02°49'28" E, a distance of 148.50 feet along the east |
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line of said 1.4364 acre tract and the west line of said 1.71 acre |
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tract to the southeast corner of the herein described tract and |
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being in the north line of Lot 4, Block 1 of Grand River, a |
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subdivision of record as shown on the plat filed for record under |
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Slide Number 1650A of the Fort Bend County Plat Records |
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THENCE S 87°31'27" W, a distance of 458.09 feet along the |
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south line of said 1.4364 acre tract and a north line of Block 1 of |
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said Grand River to the southwest corner of the herein described |
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tract; |
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THENCE N 02°28'11" W, a distance of 161.51 feet along the west |
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line of said 0.1928 acre tract and the east line of Reserve "A" of |
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said Grand River to the northwest corner of the herein described |
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tract and being in the south right-of-way line of said |
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Farm-to-Market Road 359; |
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THENCE N 89°09'17" E, a distance of 457.36 feet along said |
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south right-of-way line to the POINT OF BEGINNING and containing |
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1.628 acres of land. |
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TRACT 3 |
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BEING a 2.813 acre tract of land situated in the Randall Jones |
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Survey, Abstract Number 42, Fort Bend County, Texas and being all of |
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a called 2.6207 acre tract of land described in an instrument filed |
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for record under Fort Bend County Clerk's File Number (F.B.C.C.F. |
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No.) 2008028142 and a called 0.1937 acre tract described and |
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recorded under F.B.C.C.F. No. 2008028143, said 2.813 acre tract of |
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land being more particularly described by metes and bounds as |
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follows: |
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Bearing orientation is based on the Texas State Plane |
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Coordinate System, South Central Zone, NAD83. |
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BEGINNING at the southeast corner of said 2.6207 acre tract |
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and the southwest corner of a called 1.977 acre tract described and |
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recorded under F.B.C.C.F. No. 8521110 and being in the north |
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right-of-way line of Farm-to-Market Road 359 (100-foot width), |
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THENCE S 89°09'17" W, a distance of 268.02 feet along the |
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north right-of-way line of said Farm-to-Market Road 359 to the |
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southwest corner of the herein described tract and the southeast |
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corner of a called East 1/2 of 5.57 acre tract described and |
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recorded under F.B.C.C.F. No. 2001013676; |
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THENCE N 02°06'33" W, a distance of 430.59 feet along the west |
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line of said 0.1937 acre tract and the east line of said 5.57 acre |
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tract to the most westerly northwest corner of the herein described |
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tract; |
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THENCE S 54°07'18" E, a distance of 21.80 feet to an angle |
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point being in the west line of said 2.6207 acre tract; |
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THENCE N 02°49'28" W, a distance of 125.51 feet along the west |
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line of said 2.6207 acre tract |
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to the most northern northwest corner of the herein described |
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tract and being in the centerline of Jones Creek; |
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THENCE along the centerline meanders of said Jones Creek the |
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following three (3) courses: |
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S 56°52'58" E, 85.68 feet to an angle point; |
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S 62°55'35" E, 103.32 feet to an angle point; |
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S 59°06'36" E, 101.79 feet to the northeast corner of said |
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2.6207 acre tract and the northwest corner of said 1.977 acre tract; |
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THENCE S 03°05'43" E, a distance of 393.40 feet along the line |
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common to said 2.6207 acre tract and said 1.977 acre tract to the |
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POINT OF BEGINNING and containing 2.813 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, |
|
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 |
|
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. |