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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 Blaketree Municipal Utility |
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District No. 1 of Montgomery County; providing authority to impose |
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a tax 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 8316 to read as follows: |
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CHAPTER 8316. BLAKETREE MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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MONTGOMERY COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8316.001. 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 Blaketree Municipal Utility |
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District No. 1 of Montgomery County. |
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Sec. 8316.002. 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. 8316.003. 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. 8316.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8316.003 |
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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. 8316.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) 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, improvement, maintenance, |
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or operation 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. 8316.006. 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 8316.007-8316.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8316.051. 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 8316.052, directors serve |
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staggered four-year terms. |
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Sec. 8316.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Robb Clark; |
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(2) Lorie Varnas; |
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(3) Rand Arbuckle; |
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(4) Alfredo Saenz; and |
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(5) Tammy Pizzitola. |
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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 8316.003; 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 8316.003 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 8316.003; 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 Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8316.053-8316.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8316.101. 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. 8316.102. 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. 8316.103. 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. 8316.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road 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. 8316.105. 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. 8316.106. 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 8316.103; 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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Sec. 8316.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8316.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8316.003. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8316.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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[Sections 8316.108-8316.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8316.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The 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 8316.153. |
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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. 8316.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8316.151, 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. 8316.153. 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 8316.154-8316.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8316.201. 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. 8316.202. 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. 8316.203. 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 Blaketree Municipal Utility District No. 1 |
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of Montgomery County initially includes all the territory contained |
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in the following area: |
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TRACT 1 |
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Being 469.383 acres of land, situated in the Noah Griffith Survey, |
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Abstract Number 16, in Montgomery County, Texas and being that same |
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tract called 469.57 acres as described in Deed from Positivus, LP to |
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469 Blaketree, L.P., dated December 1, 2006 and recorded under |
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Montgomery County Clerk's File Number 2007-007236 of the Official |
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Public Records of Real Property, Montgomery County, Texas; said |
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469.383 acres being more particularly described by metes and bounds |
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as follows with all bearings referenced to the Texas State Plane |
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Coordinate System, Central Zone (NAD 83): |
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BEGINNING at a 3/4 inch iron pipe, found for the Southwest corner of |
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the herein described tract and Southwest corner of the 469.57 acre |
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tract, in the South line of the Noah Griffith Survey, Abstract |
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Number 16 and the North line of the Thomas Bradbury Survey, Abstract |
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Number 91, being the Southwest corner of that certain 513 acres as |
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described in Deed from Joe Robinowitz to Robert W. Henderson, |
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recorded in Volume 171, Page 597 of the Montgomery County Deed |
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Records, at the Southeast corner a called 168 acre tract described |
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as Tract 8, Blake Ranch L.P., recorded under Montgomery County |
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Clerk's File Number 9366055, and being in the North line of Tract 5 |
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and 6 of said Blake Ranch, L.P.; said point having a coordinate |
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value of X = 3,732,239.49 and Y = 10,104,887.10; |
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THENCE North 03 degrees 35 minutes 31 seconds West, a distance of |
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4466.55 feet, along the West line of the 513 acre tract and East |
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line of Tract 8, and the East line of a called 322.712 acre tract as |
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described in Deed to Blaketree Corporation, recorded under |
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Montgomery County Clerk's File Number 2000-032636, and the East |
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line of a called 260.3 acre tract described as Tract 1, of the |
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aforesaid Blake Ranch, L.P., common to the West line of the 469.57 |
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acre tract (Deed call: North 03 degrees 32 minutes 24 seconds |
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West), to a 5/8 inch iron rod with a survey cap marked "Glezman, |
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RPLS 4627", set for the most Westerly Northwest corner of the herein |
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described tract, at the Southwest corner of a 3.53 acre tract, being |
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the residual area of a 474.006 acre tract of land described in Deed |
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to Endeavor Interests, L.L.C., recorded under Montgomery County |
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Clerk's File Number 2003-060417; |
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THENCE North 87 degrees 16 minutes 03 seconds East, passing at |
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118.40 feet, a 1/2 inch iron rod with a survey cap, found for the |
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Southeast corner of the residual 3.53 acre tract and being the |
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Southwest corner of the 138.72 acre tract as described in Deed to |
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St. Paul's United Methodist Church, recorded under Montgomery |
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County Clerk's File Number 2000-099886, continuing along the most |
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Westerly North line of the 469.57 acre tract, a total distance of |
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4096.27 feet (Deed call: North 87 degrees 16 minutes 17 seconds |
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East, 4093.72 feet, to a 1/2 inch iron rod, found at fence corner |
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post for an interior corner of the herein described tract, at the |
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Southeast corner of the 138.72 acre tract; |
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THENCE North 02 degrees 40 minutes 08 seconds West along the East |
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line of the 138.72 acre tract and the most Easterly West line of the |
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469.57 acre tract, a distance of 1590.96 feet (Deed call: North 02 |
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degrees 40 minutes 08 seconds West, 1591.08 feet) to a 5/8 inch iron |
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rod with a survey cap, set for the most Northerly Northwest corner |
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of the herein described tract and Northwest corner of the 469.57 |
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acre tract, in the South line of a called 100 acre tract as |
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described in Deed from "Minnock, et al to Rankin", recorded in |
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Volume 548, Page 625 of the Deed Records, and being the South line |
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of a 79.25 acre tract as described in Deed recorded in Volume 687, |
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Page 305 of the Deed Records and called 75.474 acres by resurvey, |
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recorded in Deed under Clerk's File Number 9304319 and further |
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called the South line of Henderson-Blake Road, now known as Moon |
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Camp Road, a called 40 foot wide prescriptive county right-of-way; |
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THENCE South 69 degrees 50 minutes 40 seconds East, a distance of |
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4.92 feet along the South line of Moon Camp Road, to a 5/8 inch iron |
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rod with survey cap, set for an angle point; |
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THENCE South 84 degrees 21 minutes 18 seconds East, a distance of |
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56.74 feet along the South line of the Rankin 100 acre tract and |
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79.25 acre tract, common to the South line of Moon Camp Road and |
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South line of the Joseph Duffy 6.828 acre tract as described in Deed |
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recorded under Clerk's File Number 2004-048105, and North line of |
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the 469.57 acre tract (Deed call: South 86 degrees 22 minutes 35 |
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seconds East, 56.59 feet to the most Westerly corner of Excepted |
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Tract 1, a 0.23 acre tract out of the 469.57 acre tract; |
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THENCE with the following bearings and distances along the South |
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line of the 0.23 acre tract, severing the 469.57 acres: |
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South 76 degrees 21 minutes 31 seconds East, a distance of |
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36.53 feet to a point for angle (Deed call: North 73 degrees |
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20 minutes 21 seconds West, 37.04 feet); |
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South 80 degrees 18 minutes 44 seconds East, a distance of |
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198.79 feet to a point for angle; |
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South 89 degrees 14 minutes 34 seconds East, a distance of |
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215.50 feet to a point for angle (Deed call: North 89 degrees |
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46 minutes 34 seconds West); |
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North 86 degrees 14 minutes 36 seconds East, a distance of |
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129.06 feet to a 5/8 inch iron rod with survey cap, set for an |
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angle point in the South line of Moon Camp Road and the North |
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line of the 469.57 acre tract; |
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THENCE North 76 degrees 08 minutes 18 seconds East, a distance of |
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6.64 feet along the North line of the 469.57 acre tract and South |
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line of Moon Camp Road (Deed call: North 80 degrees 26 minutes 32 |
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seconds East, 8.2 feet) to a point for angle; |
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THENCE North 80 degrees 26 minutes 34 seconds East, a distance of |
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8.20 feet to a point for the West corner of Excepted Tract 2, a 104.0 |
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square foot tract out of the 469.75 acre tract; |
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THENCE with the following bearings and distance along the South |
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line of the 104.0 square foot tract, severing the 469.57 acres: |
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North 86 degrees 14 minutes 50 seconds East, a distance of |
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20.60 feet to a point for angle; |
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North 78 degrees 56 minutes 16 seconds East, a distance of |
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79.34 feet to a point for angle in the North line of the |
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469.57 acre tract and South line of the 100 acre tract, in the |
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South line of Moon Camp Road; |
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THENCE North 80 degrees 26 minutes 34 seconds East, a distance of |
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604.86 feet along the North line of the 469.57 acre tract, the South |
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line of the 100 acre tract and called for South line of Moon Camp |
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Road, to a 5/8 inch iron rod with survey cap, set for the Northeast |
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corner of the herein described tract in the West line of F. M. 1486, |
|
an 80 foot right-of-way as shown on Texas Department of Highways and |
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Public Transportation (TxDOT) right-of-way drawing No. R-1416-3-1, |
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dated February 11, 1960; |
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THENCE with the following courses and distances along the West line |
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of F. M. 1486: |
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South 03 degrees 45 minutes 17 seconds East, a distance of |
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1051.73 feet to a 5/8 inch iron rod, set for the beginning of |
|
a curve to the right, having as its elements: a central angle |
|
of 36 degrees 28 minutes 00 seconds, a radius of 1392.48 feet, |
|
an arc length of 886.26 feet and a chord bearing South 14 |
|
degrees 28 minutes 43 seconds West, a distance of 871.38 feet |
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to a 5/8 inch iron rod with survey cap, set for the end of said |
|
curve; |
|
South 32 degrees 42 minutes 43 seconds West, a distance of |
|
1622.60 feet to a 5/8 inch iron rod, set for a corner; |
|
North 57 degrees 17 minutes 17 seconds West, a distance of |
|
10.00 feet to a 5/8 inch iron with survey cap, set for a |
|
corner; |
|
South 32 degrees 42 minutes 43 seconds West, a distance of |
|
539.35 feet to a transition to a 100 foot wide right-of-way |
|
and the beginning of a curve to the left, having as its |
|
elements: a central angle of 35 degrees 10 minutes 54 |
|
seconds, a radius of 1482.48 feet, an arc length of 910.29 |
|
feet and a chord bearing South 15 degrees 07 minutes 16 |
|
seconds West, a distance of 896.06 feet to the end of said |
|
curve and continuing South 02 degrees 28 minutes 11 seconds |
|
East, a distance of 1570.30 feet to a 3/4 inch iron pipe, |
|
found for the Southeast corner of the herein described tract |
|
and Southeast corner of the 469.57 acre tract, at the |
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Northeast corner of the aforementioned Tract 5 and 6, Blake |
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Ranch L.P., and being located in the South line of the Noah |
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Griffith Survey and North line of the Thomas Bradbury Survey; |
|
THENCE South 87 degrees 09 minutes 59 seconds West, a distance of |
|
3596.50 feet along the South line of the 469.57 acre tract (Deed |
|
call: South 87 degrees 10 minutes 05 seconds West, 3598.05 feet) |
|
and the common line of the Noah Griffith Survey and Thomas Bradbury |
|
Survey, and North line of Tract 5 and 6, back to the Point of |
|
Beginning and containing 469.383 acres of land, based on the survey |
|
and plat prepared by Glezman Surveying, Inc., dated March 29, 2007. |
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TRACT 2 |
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Being 934.501 acres of land, having 251.939 acres situated in the |
|
Noah Griffith Survey, Abstract Number 16; 543.689 acres situated in |
|
the Thomas C. Bradbury Survey, Abstract Number 91; 48.109 acres |
|
situated in the Charles Weaver Survey, Abstract Number 624; 45.348 |
|
acres situated in the Ambrose Tinny Survey, Abstract Number 551; |
|
45.417 acres situated in the William Miller Survey, Abstract Number |
|
384; Montgomery County, Texas, and being all 322.712 acres of land |
|
conveyed to Blaketree Corporation as recorded under Clerk's File |
|
Number 2000-032636 of the Real Property Records of Montgomery |
|
County, Texas; part of that certain tract of land conveyed to Blake |
|
Ranch, L.P. as recorded under Clerk's File Numbers 9366055 and |
|
9715936 of the Real Property Records, also part of a certain tract |
|
of land conveyed to Thomas W. Blake, doing business as Lone Star |
|
Development Company of Houston, Texas, by Deed recorded under |
|
Clerk's File Number 8509099 of the Real Property Records; said |
|
934.501 acres being more particularly described by metes and bounds |
|
as follows with all bearings being referenced to the South line of |
|
said Thomas C. Bradbury Survey and the North line of the Joseph G. |
|
Ferguson Survey, Abstract Number 227, as monumented on the ground: |
|
BEGINNING at a 3/4 inch iron pipe in concrete, found in the Easterly |
|
North line of the aforementioned Thomas C. Bradbury Survey and the |
|
South line of the aforementioned Noah Griffith Survey, being in the |
|
North line of a tract of land conveyed to Blake Ranch, L.P. set out |
|
in Deed recorded in Volume 236, Page 199 of the Deed Records of |
|
Montgomery County, Texas, being the Southeast corner of the |
|
aforementioned tract recorded under Clerk's File Number 9366055 of |
|
the Real Property Records and the Southwest corner of a 469.57 acre |
|
tract of land conveyed to Blaketree Estates, L.P. as recorded under |
|
Clerk's File Number 2004-129245 of the Real Property Records; said |
|
iron pipe being an interior corner for the herein described tract; |
|
THENCE North 87 degrees 09 minutes 59 seconds East, a distance of |
|
3596.50 feet, (Deed Call: North 87 degrees 10 minutes 05 seconds |
|
East, 3598.05 feet) along the South line of the Noah Griffith Survey |
|
and the North line of the Thomas C. Bradbury Survey, the same being |
|
the South line of the aforementioned 496.57 acre tract and the |
|
Easterly North line of the aforementioned tract of land recorded in |
|
Volume 236, Page 199 of the Deed Records, to a 3/4 inch iron pipe in |
|
concrete, found in the West line of F.M. 1486, a 100 foot |
|
right-of-way transitioning to a 110 foot right-of-way as set out in |
|
TxDOT right-of-way drawing R-1416-3-1, dated 02-11-60, for the |
|
Southeast corner of the 469.57 acre tract of land and the Easterly |
|
Northeast corner of the herein described tract; |
|
THENCE South 02 degrees 28 minutes 22 seconds East, a distance of |
|
1202.60 feet, (Deed Call: South 02 degrees 46 minutes 06 seconds |
|
East, 1201.70 feet), along the West line of F.M. 1486 and the most |
|
Easterly line of the aforementioned tract of land recorded in |
|
Volume 236, page 199 of the Deed Records, the same being the most |
|
Easterly line of the herein described tract to a concrete monument, |
|
found in the West line of F.M. 1486 and the North line of the |
|
aforementioned Joseph G. Ferguson Survey, for the Northeast corner |
|
of a 1936.077 acre tract of land conveyed to Affiliated Crown |
|
Developments, LTD as recorded under Clerk's File Number 2005-036975 |
|
of the Real Property Records and the Southeast corner of the herein |
|
described tract; |
|
THENCE South 86 degrees 10 minutes 18 seconds West, a distance of |
|
9543.22 feet, (Deed Call: 9602.96 feet), along the South line of |
|
the Thomas C. Bradbury Survey and the North line of the Joseph G. |
|
Ferguson Survey the same being the North line of the aforementioned |
|
1936.077 acre tract of land and the South line of the aforementioned |
|
tract of land recorded in Volume 236, Page 199 of the Deed Records |
|
and the South line of the herein described tract to a concrete |
|
monument, found in the East line of the aforementioned Charles |
|
Weaver Survey for the Northwest corner of the Joseph G. Ferguson |
|
Survey and the Southwest corner of the Thomas C. Bradbury Survey; |
|
said monument also being an interior corner of the aforementioned |
|
1936.077 acre tract and the Southwest corner of the herein |
|
described tract; |
|
THENCE North 02 degrees 42 minutes 50 seconds West, a distance of |
|
1349.07 feet, (Deed Call: North 02 degrees 42 minutes 38 seconds |
|
West, 1349.10 feet), along the West line of the Thomas C. Bradbury |
|
Survey and the East line of the Charles Weaver Survey; the same |
|
being the Southerly West line of the herein described tract and the |
|
Northerly East line of the 1936.077 acre tract to a concrete |
|
monument, found in the West line of the Thomas C. Bradbury Survey |
|
and the East line of the Charles Weaver Survey, for the Southwest |
|
corner of a 226 acre tract of land conveyed to Thomas W. Blake as |
|
recorded in Volume 423, Page 303 of the Deed Records, the Southeast |
|
corner of a 60 acre tract conveyed to Lone Star Development Company |
|
as recorded in Volume 221, Page 536 of the Deed Records and an |
|
interior corner for the herein described tract; |
|
THENCE South 87 degrees 03 minutes 31 seconds West, a distance of |
|
653.33 feet, (Deed Call: South 87 degrees 02 minutes 39 seconds |
|
West, 653.37 feet), along the South line of the aforementioned 60 |
|
acre tract of land and a Northerly line of the 1936.077 acre tract |
|
to a concrete monument, found in the West line of the Charles Weaver |
|
Survey for the Southwest corner of the William Montgomery Survey, |
|
Abstract Number 43, Grimes County, Texas; said monument also being |
|
an interior corner for the 1936.077 acre tract, located in the |
|
common line between Montgomery County and Grimes County for the |
|
most Westerly Southwest corner of the herein described tract; |
|
THENCE North 02 degrees 37 minutes 08 seconds West, a distance of |
|
3209.00 feet, (Deed Call: North 02 degrees 25 minutes 35 seconds |
|
West, 3196.48 feet), along the West line of the Charles Weaver |
|
Survey and the East line of the aforementioned Montgomery Survey, |
|
the same being the West line of the aforementioned 60 acre tract, |
|
the East line of the 1936.077 acre tract and the West line of the |
|
herein described tract to an 8 inch round fence post, found in the |
|
common line between Montgomery County and Grimes County for the |
|
Northwest corner of the Charles Weaver Survey and the Southwest |
|
corner of the aforementioned Ambrose Tinny Survey, for the most |
|
Westerly Northwest corner of the herein described tract; |
|
THENCE North 60 degrees 07 minutes 35 seconds East, severing a tract |
|
of land conveyed to Lone Star Development Company as recorded in |
|
Volume 202, Page 470 of the Deed Records along the Northwest line of |
|
the herein described tract; passing at 2425.90 feet an 8 inch round |
|
fence post, found for the Northwest corner of the aforementioned |
|
322.712 acres; passing at 3124.50 feet the East line of the Ambrose |
|
Tinny Survey and the West line of the William Miller Survey, the |
|
same being the East line of the tract of land recorded in Volume |
|
202, Page 470 of the Deed Records and the West line of a 260.3 acre |
|
tract of land conveyed to Lone Star Development Company as recorded |
|
in Volume 203, Page 86 of the Deed Records; continuing along said |
|
line severing said 260.3 acre tract for a total distance of 3286.18 |
|
feet to a 5/8 inch iron rod with survey cap stamped "Glezman RPLS |
|
4627", set for a turning point in the North line of the herein |
|
described tract; |
|
THENCE South 69 degrees 44 minutes 10 seconds East, a distance of |
|
961.14 feet, continuing to severe the 260.3 acre tract of land to a |
|
1/2 inch iron rod, found for the most Northerly Northeast corner of |
|
the aforementioned 322.712 acre tract and a turning point in the |
|
North line of the herein described tract; |
|
THENCE East, a distance of 123.62 feet, continuing to severe the |
|
260.3 acre tract of land along the North line of the herein |
|
described tract to a point, located in a pond 45 feet West of the |
|
East shoreline, for a Northerly interior corner for the herein |
|
described tract; |
|
THENCE North, a distance of 783.50 feet, continuing to severe the |
|
260.3 acre tract of land to a 5/8 inch iron rod with survey cap |
|
stamped "Glezman RPLS 4627", set for a turning point in the North |
|
line of the herein described tract; |
|
THENCE North 87 degrees 15 minutes 58 seconds East, a distance of |
|
34.99 feet, continuing to severe the 260.3 acre tract along the |
|
North line of the herein described tract to a 5/8 inch iron rod with |
|
survey cap stamped "Glezman RPLS 4627", set for the most Northerly |
|
corner and a turning point in the North line of the herein described |
|
tract; |
|
THENCE South 76 degrees 29 minutes 01 seconds East, along the North |
|
line of the herein described tract, continuing to severe the 260.3 |
|
acre tract; passing at 186.1 feet the East line of the William |
|
Miller Survey and the West line of the Noah Griffith Survey; |
|
continuing along said line for a total distance of 2632.08 feet to a |
|
5/8 inch iron rod with survey cap stamped "Glezman RPLS 4627", set |
|
in the East line of the 260.3 acre tract and the West line of the |
|
aforementioned 469.57 acre tract for the Northeast corner of the |
|
herein described tract and having for reference a 30 inch dead pine |
|
tree bearing South 26 degrees 48 minutes 39 seconds West, 6.67 feet; |
|
THENCE South 03 degrees 35 minutes 31 seconds East, (Deed Call: |
|
South 03 degrees 32 minutes 24 seconds East), along the East line of |
|
the 260.3 acre tract the West line of the aforementioned 469.57 acre |
|
tract and the East line of the herein described tract; passing at |
|
474.4 feet a fence post, found for the Northeast corner of the |
|
aforementioned 322.712 acre tract and the Southeast corner of the |
|
260.3 acre tract; passing at 1589.4 feet the most Easterly |
|
Southeast corner of the 322.712 acre tract; continuing along said |
|
line for a total distance of 4341.49 feet back to the POINT OF |
|
BEGINNING and containing 934.501 acres of land based on the survey |
|
and plat prepared by Glezman Surveying Inc., dated September 26, |
|
2006. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |