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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 Municipal Utility |
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District No. 200; 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 8337 to read as follows: |
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CHAPTER 8337. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 200 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8337.001. 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 Municipal |
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Utility District No. 200. |
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Sec. 8337.002. 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. 8337.003. 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. 8337.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8337.003 |
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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. 8337.005. 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 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. 8337.006. 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 8337.007-8337.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8337.051. 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 8337.052, directors serve |
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staggered four-year terms. |
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Sec. 8337.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Alan Lee; |
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(2) U. L. Edwards; |
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(3) Danny Wilbanks; |
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(4) Jim Taylor; and |
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(5) John West. |
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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 8337.003; 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 8337.003 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 8337.003; 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 8337.053-8337.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8337.101. 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. 8337.102. 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. 8337.103. 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. 8337.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8337.103 |
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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. 8337.105. 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 54.016 or 54.0165, Water 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. 8337.106. 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 8337.103; 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 8337.107-8337.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8337.151. 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 8337.153. |
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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. 8337.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8337.151, 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. 8337.153. 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 8337.154-8337.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8337.201. 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. 8337.202. 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. 8337.203. 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 Municipal Utility District |
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No. 200 initially includes all the territory contained in the |
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following area: |
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FIELD NOTES FOR A 65.877 ACRE TRACT OF LAND IN THE WILLIAM |
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ANDREWS LEAGUE, ABSTRACT 3, AND THE JOHN FOSTER 2-1/2 LEAGUE GRANT, |
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ABSTRACT 26, FORT BEND COUNTY, TEXAS, SAID 65.877 ACRE TRACT BEING |
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COMPRISED OF THAT CERTAIN CALLED 7.00 ACRE TRACT RECORDED IN VOLUME |
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1722, PAGE 589, OFFICIAL RECORDS, FORT BEND COUNTY, TEXAS, THAT |
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CERTAIN CALLED 28.00 ACRE TRACT RECORDED IN VOLUME 1722, PAGE 574, |
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OFFICIAL RECORDS, FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED |
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26.00 ACRE TRACT RECORDED IN VOLUME 2375, PAGE 1438, OFFICIAL |
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RECORDS, FORT BEND COUNTY, TEXAS, AND THAT CERTAIN CALLED 5.00 ACRE |
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TRACT RECORDED IN VOLUME 1543, PAGE 848, OFFICIAL RECORDS, FORT |
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BEND COUNTY, TEXAS, WITH ALL BEARINGS BASED UPON THE TEXAS |
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COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83, BASED UPON GPS |
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OBSERVATIONS OF FORT BEND COUNTY MONUMENT NUMBER FB08. |
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BEGINNING at a 1/2 inch iron pipe with cap marked "Kalkomey |
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Surveying" found in the north right-of-way line of F. M. Highway 359 |
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(100-feet wide) for the southeast corner of said called 28.00 acre |
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tract, same being the southwest corner of an adjoining called |
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4.5256 acre tract recorded under County Clerk's File Number |
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1999005944, Official Public Records, Fort Bend County, Texas, for |
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the lower southeast corner and Place of Beginning of the herein |
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described tract, said point bears North 69 degrees 07 minutes 59 |
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seconds West, 658.65 feet (called North 66 degrees 53 minutes 39 |
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seconds West, 658.51 feet) from a concrete monument found at the |
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intersection of the north right-of-way line of F. M. Highway 359 |
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with the west right-of-way line of F. M. Highway 723 (100-feet |
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wide); |
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THENCE North 69 degrees 06 minutes 58 seconds West (called |
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North 66 degrees 53 minutes 39 seconds West) along the south line of |
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the herein described tract and the south line of said called 28.00 |
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acre tract, same being the north right-of-way line of F. M. Highway |
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359, 672.77 feet (called 672.80 feet) to a 1/2 inch iron pipe found |
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on said line for angle point, being the southwest corner of said |
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called 28.00 acre tract, same being the southeast corner of the |
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aforementioned called 26.00 acre tract; |
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THENCE North 68 degrees 55 minutes 26 seconds West (called |
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North 66 degrees 53 minutes 39 seconds West) along the south line of |
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the herein described tract, the south line of said called 26.00 acre |
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tract, and the south line of the aforementioned called 5.00 acre |
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tract, same being the north right-of-way line of F. M. Highway 359, |
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668.02 feet to a concrete monument found at the beginning of a curve |
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to the left; |
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THENCE along said curve to the left having a central angle of |
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02 degrees 16 minutes 15 seconds, a radius of 3,870.00 feet, an arc |
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length of 153.37 feet, and a chord bearing North 69 degrees 55 |
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minutes 17 seconds West, 153.36 feet to a point on said curve for |
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the southwest corner of the herein described tract and the |
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southwest corner of said called 5.00 acre tract, same being the |
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southeast corner of an adjoining called 10.228 acre tract recorded |
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in Volume 2584, Page 467, Official Records, Fort Bend County, |
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Texas; |
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THENCE North 02 degrees 03 minutes 09 seconds West (adjoiner |
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called North 00 degrees 17 minutes 10 seconds West) along the west |
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line of the herein described tract and the west line of said called |
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5.00 acre tract, same being the east line of said adjoining called |
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10.228 acre tract, at 0.35 feet pass a 1/2 inch iron pipe found in |
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concrete on said line, and continuing for a total distance of 462.83 |
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feet (adjoiner called 462.4 feet) to an axle found on said line for |
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angle point; |
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THENCE North 02 degrees 17 minutes 04 seconds West (adjoiner |
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called North) continuing along the west line of the herein |
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described tract and the west line of said called 5.00 acre tract, |
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and along the west line of the aforementioned called 26.00 acre |
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tract, same being the east line of said adjoining called 10.228 acre |
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tract, at 327.68 feet pass a 1/2 inch iron pipe found 2.95 feet left |
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of said line, and continuing for a total distance of 512.48 feet |
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(adjoiner called 512.70 feet) to a 1-1/4 inch iron pipe found on |
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said line for angle point, said point being the northeast corner of |
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said adjoining called 10.228 acre tract, same being the southeast |
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corner of an adjoining called 112.617 acre tract recorded in Volume |
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759, Page 180, Deed Records, Fort Bend County, Texas; |
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THENCE North 02 degrees 23 minutes 34 seconds West (adjoiner |
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called North) along the west line of the herein described tract and |
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the west line of said called 26.00 acre tract, same being the east |
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line of said adjoining called 112.617 acre tract, at 565.00 feet |
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pass a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" set |
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on said line for reference, and continuing for a total distance of |
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785.90 feet (adjoiner called 760 feet) to a point on the centerline |
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of Jones Creek for the northwest corner of the herein described |
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tract and the northwest corner of said called 26.00 acre tract, same |
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being the northeast corner of said adjoining called 112.617 acre |
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tract, the southeast corner of an adjoining called 64.28 acre tract |
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recorded under Probate File Number 16,393, Probate Records, Fort |
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Bend County, Texas, described in Volume 203, Page 392, Deed |
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Records, Fort Bend County, Texas, and the southwest corner of an |
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adjoining called 26.2992 acre tract recorded under County Clerk's |
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File Number 2004151301, Official Public Records, Fort Bend County, |
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Texas; |
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THENCE along the centerline of Jones Creek, being the common |
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line of the herein described tract and said adjoining called |
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26.2992 acre tract, with the following meanders: |
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South 64 degrees 31 minutes 36 seconds East, 280.44 |
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feet; |
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South 76 degrees 15 minutes 19 seconds East, 149.11 |
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feet; |
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North 88 degrees 53 minutes 35 seconds East, 340.35 |
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feet; |
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South 81 degrees 11 minutes 21 seconds East, 613.46 |
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feet; |
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South 75 degrees 31 minutes 44 seconds East, 38.64 feet |
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to a point for the upper northeast corner of the herein described |
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tract and the northeast corner of the aforementioned called 28.00 |
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acre tract, same being the northwest corner of an adjoining called |
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6.00 acre tract recorded under Probate File Number 15,316, Probate |
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Records, Fort Bend County, Texas, described in Volume 1291, Page |
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289, Official Records, Fort Bend County, Texas; |
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THENCE South 02 degrees 23 minutes 02 seconds East (adjoiner |
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called South 00 degrees 09 minutes 07 seconds East) along the common |
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line of the herein described tract and said adjoining called 6.00 |
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acre tract, at 170.05 feet pass a 1/2 inch iron pipe found on said |
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line for reference, and continuing for a total distance of 431.86 |
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feet (adjoiner called 431.93 feet) to a 1/2 inch iron pipe found for |
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a reentry corner to the herein described tract, same being the |
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southwest corner of said adjoining called 6.00 acre tract, and |
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being the northwest corner of the aforementioned called 7.00 acre |
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tract; |
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THENCE South 76 degrees 29 minutes 28 seconds East (called |
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South 74 degrees 17 minutes 23 seconds East) continuing along said |
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common line, 632.36 feet (called 632.52 feet) to a 1/2 inch iron |
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pipe found in the west right-of-way line of F. M. Highway 723 for |
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the lower northeast corner of the herein described tract and the |
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northeast corner of said called 7.00 acre tract, same being the |
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southeast corner of said adjoining called 6.00 acre tract; |
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THENCE South 02 degrees 16 minutes 54 seconds East (called |
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South 00 degrees 02 minutes 09 seconds East) along the most easterly |
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east line of the herein described tract and the east line of said |
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called 7.00 acre tract, same being the west right-of-way line of F. |
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M. Highway 723, 543.27 feet (called 543.35 feet) to a 1/2 inch iron |
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pipe found for the upper southeast corner of the herein described |
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tract and the southeast corner of said called 7.00 acre tract, same |
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being the northeast corner of an adjoining called 5.236 acre tract |
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recorded under County Clerk's File Number 2006017382, Official |
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Public Records, Fort Bend County, Texas; |
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THENCE North 69 degrees 21 minutes 26 seconds West (called |
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North 67 degrees 14 minutes 09 seconds West) along the common line |
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of the herein described tract and said adjoining called 5.236 acre |
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tract, 659.41 feet (called 659.37 feet) to a 1/2 inch iron pipe with |
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cap marked "Kalkomey Surveying" found for a reentry corner to the |
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herein described tract, being the southwest corner of said called |
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7.00 acre tract, same being the northwest corner of said adjoining |
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called 5.236 acre tract, and being in the east line of the |
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aforementioned called 28.00 acre tract; |
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THENCE South 02 degrees 16 minutes 32 seconds East (adjoiner |
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called South 00 degrees 09 minutes 07 seconds East) continuing |
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along said common line, 377.92 feet (adjoiner called 377.90 feet) |
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to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found |
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on said line for angle point, said point being the upper southwest |
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corner of said adjoining called 5.236 acre tract, same being the |
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northwest corner of the aforementioned adjoining called 4.5256 acre |
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tract; |
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THENCE South 02 degrees 19 minutes 53 seconds East (adjoiner |
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called South 00 degrees 09 minutes 07 seconds East) along the lower |
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east line of the herein described tract and the east line of said |
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called 28.00 acre tract, same being the west line of said adjoining |
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called 4.5256 acre tract, at 341.30 feet pass a 1/2 inch iron pipe |
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found on said line, and continuing for a total distance of 772.86 |
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feet (adjoiner called 771.90 feet) to the Place of Beginning and |
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containing 65.877 acres of land, more or less. |
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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. |