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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 Brazoria County Municipal Utility |
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District No. 65; 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 8357 to read as follows: |
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CHAPTER 8357. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 65 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8357.001. 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 Brazoria County Municipal |
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Utility District No. 65. |
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Sec. 8357.002. 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. 8357.003. 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. 8357.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8357.003 |
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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. 8357.005. 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, 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. 8357.006. 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 8357.007-8357.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8357.051. 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 8357.052, directors serve |
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staggered four-year terms. |
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Sec. 8357.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8357.003; 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 8357.003 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 8357.003; 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 8357.053-8357.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8357.101. 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. 8357.102. 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. 8357.103. 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. 8357.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8357.103 |
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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. 8357.105. 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. 8357.106. 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 8357.103; 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 8357.107-8357.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8357.151. 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 8357.153. |
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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. 8357.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8357.151, 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. 8357.153. 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 8357.154-8357.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8357.201. 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. 8357.202. 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. 8357.203. 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 Brazoria County Municipal Utility District |
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No. 65 initially includes all the territory contained in the |
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following area: |
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THREE TRACTS OF LAND TOTALING 367.24 ACRES DESCRIBED AS FOLLOWS: |
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PARCEL 1: |
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A survey of 123.68 acres out of Lots 20 and 21 of the Bogart |
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and Taylor Subdivision of the West 1/2 of the W.D.C. Hall League, |
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Abstract 69 according to the Plat recorded in Volume 1, Page 64 of |
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the Map Records of Brazoria County, Texas (B.C.M.R), and being more |
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particularly described by metes and bounds as follows: |
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BEGINNING at the Southwest corner of Lot 20 at a concrete |
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monument set on the North right-of-way line of County Road #51 for |
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the most Southern Southwest corner of this tract and the POINT OF |
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BEGINNING; |
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THENCE, North 02 degrees 51 minutes 52 seconds West, along |
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the West lines of Lot 20, same being the East line of that tract of |
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land (Lots 10, 11, and 19, Bogart and Taylor) as described by deed |
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recorded in Clerk's File No. 85030634 of Brazoria County, Texas |
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(B.C.C.F.), a distance of 3,416.87 feet to the present Northwest |
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corner of Lot 20 and a point lying on the centerline of Ditch |
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316-00-00 as recorded in Iowa Colony Drainage District No. 5 for the |
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most Western Northwest corner of this tract; |
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THENCE, North 86 degrees 57 minutes 14 seconds East, along |
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the said centerline of Ditch 316-00-00, a distance of 1,707.48 feet |
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for the most Northern Northeast corner of this tract and lying on |
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the West right-of-way line of State Highway 288; |
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THENCE South 03 degrees 00 minutes 50 seconds East, along the |
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West right-of-way line of State Highway 288, a distance of 1,622.37 |
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feet and to found concrete monument at an angle point in the East |
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line of the herein described tract and located at North: |
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13682078.1065 / East: 3107137.5618 (NAD83), point also being the |
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most Eastern corner of the herein described tract; |
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THENCE South 00 degrees 52 minutes 45 seconds West, along the |
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West right-of-way line of State Highway 288, a distance of 543.00 |
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feet to a found concrete monument marking a point of curvature; |
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THENCE, along the West right-of-way line of State Highway |
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288, along said curve to the right having a radius of 1,041.74 feet |
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through a central angle of 46 degrees 27 minutes 46 seconds, an arc |
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length of 844.78 feet to a found concrete monument marking a point |
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of tangency, long chord of said curve bears South 24 degrees 16 |
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minutes 16 seconds West, 821.82 feet; |
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THENCE South 47 degrees 31 minutes 18 seconds West, along the |
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West right-of-way line of State Highway 288, a distance of 140.03 |
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feet to a found concrete monument marking the point of curvature of |
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another curve; |
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THENCE, along the West right-of-way line of State Highway |
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288, along said curve to the left having a radius of 525.00 feet |
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through a central angle of 47 degrees 48 minutes 38 seconds, an arc |
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length of 438.09 feet to a found concrete monument marking a point |
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of tangency, long chord of said curve bears South 23 degrees 41 |
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minutes 02 seconds West, 425.49 feet; |
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THENCE South 43 degrees 06 minutes 27 seconds West, along the |
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West right-of-way line of State Highway 288 and the North |
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right-of-way of County Road 51, a distance of 36.74 feet to a found |
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concrete monument at an angle point and marking the Southwest |
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corner of said cut-back; |
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THENCE South 86 degrees 58 minutes 20 seconds West, along the |
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North right-of-way of County Road 51, a distance of 212.53 feet to a |
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found concrete monument at an angle point; |
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THENCE South 01 degrees 32 minutes 04 seconds East, along the |
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North right-of-way of County Road 51, a distance of 28.33 feet to a |
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found concrete monument at an angle point; |
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THENCE South 86 degrees 57 minutes 35 seconds West, along the |
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North line of County Road 51, a distance of 763.77 feet to a |
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concrete monument and the POINT OF BEGINNING and containing 123.68 |
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acres of land, more or less, and being a part of the same property |
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described in the deed "Tract C" as described in the B.C.C.F. No. |
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2008-037928, to which deed and the record thereof reference is here |
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made for all appropriate purposes. |
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PARCEL 1A: |
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All that certain 103.61 acres tract of land, being a part of |
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that certain called 264.533 Acre Tract containing Lots 10, 11, and |
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19 of the Bogart and Taylor Subdivision of the West 1/2 of the |
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W.D.C. Hall League, Abstract 69, Brazoria County, Texas, a Plat of |
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record in Volume 16, at Pages 518 and 519 of the Deed Records of |
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Brazoria County, Texas (B.C.D.R.), and being that 264.533 Acre |
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Tract described in a deed from Buffet Inc. to Tehama Communities, |
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LLP recorded in Clerk's File (C.F.) 2005-069871, said 103.61 acres |
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tract of land being more particularly described as follows: |
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BEGINNING at a 4-inch square concrete monument found at the |
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Southeast corner of said Lot 19, said concrete monument being the |
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same described in that certain deed to Claud B. Hamill recorded in |
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Volume 1121, at Page 386 of the B.C.D.R., being also the Southwest |
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corner of Lot 20 of said Bogart and Taylor Subdivision; |
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THENCE South 87 degrees 02 minutes 24 seconds West, 1,319.26 |
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feet coincident with the South line of said Lot 19, being also the |
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North line of County Road 51, a 60-foot wide right-of-way, to a |
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1-inch galvanized iron pipe found for corner at the Southwest |
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corner of said Lot 19; |
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THENCE North 03 degrees 02 minutes 53 seconds West, 3,420.00 |
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feet coincident with the West line of said Lot 19 to a point for |
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corner, from which a 1/2-inch iron rod set for reference bears North |
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78 degrees 12 minutes 16 seconds East, 63.35 feet; |
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THENCE North 86 degrees 57 minutes 14 seconds East, 1,319.26 |
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feet coincident with the North line of said Lot 19, being also the |
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South line of Lot 10 of said Bogart and Taylor Subdivision point |
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also being the Northeast corner of this tract; |
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THENCE South 03 degrees 02 minutes 53 seconds East, 3,421.98 |
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feet coincident with the West line of said Claud B. Hamill tract to |
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the PLACE OF BEGINNING, containing 103.61 acres of land, more or |
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less. |
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PARCEL 2: |
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A survey of 139.95 acres of land, being a part of that certain |
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called 325.54 Acre Tract containing Lots 15, 16, and 17, and those |
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platted roads lying between said lots, of the Bogart and Taylor |
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Subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69, |
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Brazoria County, Texas, according to the Plat recorded in Volume 1, |
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Page 64, Plat Records, and Volume 16, Pages 518-519, Deed Records of |
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Brazoria County, Texas (B.C.D.R.), and being a part of that certain |
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called 326.04 Acre Tract described in a deed from Elmer M. Cannon, |
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Jr. to Tehama Communities, LLP recorded in Clerk's File (C.F.) |
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2006-074531, said 139.95 Acre Tract being more particularly |
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described as follows: |
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BEGINNING at a 3/4 inch iron pipe found in the West |
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right-of-way line of County Road 48 (60.0 feet wide) at the most |
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Eastern Southeast corner of the herein described tract and the |
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Northeast corner of a tract described in Volume 760, Page 411, |
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B.C.D.R., said point being located South 03 degrees 02 minutes 44 |
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seconds East 4,399.65 feet from a sucker rod found at intersection |
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of the West right-of-way line of County Road 48 with the South |
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right-of-way line of County Road 841 (60.0 feet wide); |
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THENCE South 87 degrees 03 minutes 31 seconds West, along the |
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North line of said tract, 1,317.29 feet, to a 1- 1/4 inch iron pipe |
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found for corner at the Northwest corner of said tract described in |
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Volume 760, Page 411, B.C.D.R.; |
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THENCE South 04 degrees 01 minute 26 seconds East, along the |
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West line of said tract, 306.18 feet, to a 3 inch iron pipe found for |
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corner at the Northeast corner of the Stephen Coleman tract |
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described in C.F. 1998-011886; |
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THENCE South 87 degrees 08 minutes 31 seconds West, along the |
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North line of the Coleman tract, 1329.32 feet, to a 2 inch iron pipe |
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found for corner at the Southern most Southwest corner of the herein |
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tract and the aforesaid 326.04 Acre Tract; |
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THENCE North 02 degrees 42 minutes 18 seconds West, along the |
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West line of said 326.04 Acre Tract and the Easterly line of a |
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former 60.0 foot platted road, closed by document in Volume 1359, |
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Page 945, B.C.D.R., 661.35 feet, to a 1- 1/4 inch iron pipe found |
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for angle point; |
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THENCE North 03 degrees 07 minutes 30 seconds West, |
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continuing along the West line of said 326.04 Acre Tract and the |
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Easterly line of said platted road, 484.85 feet, to a 1/2 inch iron |
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rod capped "Stroud RPLS 2112" found for corner; |
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THENCE South 86 degrees 56 minutes 50 seconds West, along a |
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Southerly line of said 326.04 Acre Tract, at 60.0 feet pass a 1/2 |
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inch iron rod capped "Stroud RPLS 2112" found in the West |
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right-of-way line of said 60.0 foot platted road, and continue for a |
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total distance of 983.63 feet to a 1/2 inch iron rod capped "Stroud |
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RPLS 2112" found for corner in the Northeast right-of-way line of |
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F.M. 521 (100.0 feet wide); |
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THENCE North 18 degrees 47 minutes 40 seconds West, along |
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said Northeast right-of-way line of F.M. 521, 959.36 feet, to the |
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centerline of a 60.0 foot platted road (not open) for corner, said |
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point being the Western most Northwest corner of the herein tract; |
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THENCE North 86 degrees 57 minutes 14 seconds East, along |
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said centerline of a 60.0 foot platted road (not open), 3,882.14 |
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feet, to the aforesaid West right-of-way line of County Road 48 for |
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corner, said point being the Northern most Northeast corner for the |
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herein described tract; |
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THENCE South 03 degrees 02 minutes 44 seconds East, along the |
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said West right-of-way line of County Road 48, 1,770.06 feet, to the |
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POINT OF BEGINNING and containing 139.95 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 |
|
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 |
|
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 |
|
provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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* * * * * |