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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 Chambers County Improvement |
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District No. 3; granting road powers; 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 8361 to read as follows: |
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CHAPTER 8361. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8361.001. 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 Chambers County Improvement |
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District No. 3. |
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Sec. 8361.002. 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. 8361.003. 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. 8361.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8361.003 |
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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. 8361.005. 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, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8361.006. 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 8361.007-8361.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8361.051. 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 8361.052, directors serve |
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staggered four-year terms. |
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Sec. 8361.052. 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 8361.003; 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 8361.003 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 8361.003; 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 8361.053-8361.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8361.101. 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. 8361.102. 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. 8361.103. 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. 8361.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8361.105. 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. 8361.106. 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 8361.103; 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. 8361.107. 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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8361.003 to confirm the district's creation. |
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(f) An order dividing the district: |
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(1) shall: |
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(A) name each new district; |
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(B) include the metes and bounds of each new |
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district; |
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(C) appoint temporary directors for each new |
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district, or provide that the owner or owners of a majority of the |
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assessed value of the real property in each new district may submit |
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a petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition; and |
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(D) provide for the division of assets and |
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liabilities between or among the new districts; and |
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(2) is subject to a confirmation election in each new |
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district. |
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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 8361.003. The results of that election must be filed as |
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required by Sections 49.102(e) and (f), Water Code. If the voters of |
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a new district do not confirm the creation of the new district, the |
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assets, liabilities, territory, and governance of the new district |
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revert to the original district. |
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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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8361.004 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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Sec. 8361.108. FIREFIGHTING AND EMERGENCY MEDICAL |
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SERVICES. Subchapter L, Chapter 49, Water Code, applies to the |
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district. |
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Sec. 8361.109. FEASIBILITY EVALUATION. For purposes of any |
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applicable evaluation by the Texas Commission on Environmental |
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Quality of the economic feasibility of the district or its projects |
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and bonds, debt service tax rate, maintenance tax rate, or |
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overlapping tax rate, the district shall be treated as a municipal |
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utility district situated wholly within Chambers County, Texas. |
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[Sections 8361.110-8361.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8361.151. 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 8361.153. |
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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. 8361.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8361.151, 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. 8361.153. 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 8361.154-8361.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8361.201. 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. 8361.202. 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. 8361.203. 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 Chambers County Improvement District No. 3 |
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initially includes all the territory contained in the following |
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area: |
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A certain 880.30 acre tract, situated in the Jacob Townsend |
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Survey, Abstract No. 25, the R. A. West Survey, Abstract No. 314, |
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the Kate Dugat Survey, Abstract No. 416, and the A. B. J. Winfree |
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Survey, Abstract No. 306 all in Chambers County, Texas; being all of |
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a called 285.48 acre tract (Tract 1), all of a called 129.96 acre |
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tract (Tract 2), and all of a called 254.14 acre tract (Tract 3) |
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described in Special Warranty Deed with Vendor's Lien recorded in |
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Volume (08) 1067, Page 264 of the Chambers County Official Public |
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Records, and all of a called 210.72 acre tract described in Special |
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Warranty Deed recorded in Volume (08) 1074, Page 223 of the Chambers |
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County Official Public Records; said 880.30 acre tract being |
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comprised of three tracts and being more particularly described as |
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follows with all bearings being based on the Texas Coordinate |
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System, South Central Zone, NAD83; |
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Tract I - 285.48 acres |
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BEGINNING at the northeast corner of said called 285.48 acre |
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tract, being common with a northwest corner of a called 11.89 acre |
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tract conveyed to Coastal Industrial Water Authority recorded in |
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Volume 313, Page 663 of the Chambers County Deed Records; |
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THENCE, South 04°19'04" West, 2683.79 feet to a point for |
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corner in the beginning of a curve to the right; |
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THENCE, along the arc of said curve to the right, having a |
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radius of 930.06 feet, a central angle of 12°32'57", an arc length of |
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203.71 feet, and a long chord bearing South 10°35'34" West, 203.30 |
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feet to a point for corner; |
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THENCE, South 16°55'29" West, 1096.02 feet to a point for |
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corner marking the southeast corner of the aforementioned called |
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285.48 acre tract; |
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THENCE, South 87°37'03" West, along the south line of said |
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called 285.48 acre tract, 3049.05 feet to a point for corner marking |
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the southwest corner of the said called 285.48 acre tract; |
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THENCE, North 01°43'33" West, along a west line of the said |
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called 285.48 acre tract, being common with the east line of the |
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B.B.B.&C. R.R. Co. Survey, Abstract No. 61, 1108.94 feet to a point |
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for corner marking a southern northwest corner of the said called |
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285.48 acre tract; |
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THENCE, North 80°14'58" East, along the lower west line of the |
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said called 285.48 acre tract, 421.47 feet to a point for corner |
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marking an interior corner of the said called 285.48 acre tract; |
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THENCE, North 02°39'44" West, along the upper west line of the |
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said called 285.48 acre tract, 2708.36 feet to a point for corner |
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marking the northwest corner of said called 285.48 acre tract, said |
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point being the occupied northwest corner of the Jacob Townsend |
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Survey, Abstract 25; |
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THENCE, North 87°04'16" East, along the north line of the |
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called 285.48 acre tract (common with the north line of the Jacob |
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Townsend Survey, Abstract 25), 1773.49 feet to a point for corner; |
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THENCE, North 87°15'45" East, along the north line of the |
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called 285.48 acre tract (common with the north line of the Jacob |
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Townsend Survey, Abstract 25), 1579.36 feet to the POINT OF |
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BEGINNING, CONTAINING 285.48 acres of land in Chambers County, |
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Texas |
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Tract II - 129.96 acres |
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BEGINNING at the northeast corner of the aforementioned |
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129.96 acre tract (in the north line of the Jacob Townsend Survey, |
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Abstract 25), said point also marking the northwest corner of a |
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called 40.801 acre tract (Parcel 18) as described in Second Amended |
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Notice of Lis Pendis recorded in Volume (07) 934, Page 280 of the |
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Chambers County Official Public Records; |
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THENCE, South 29°47'53" West, along the east line of said |
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129.96 acre tract, common with the west line of said 40.801 acre |
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tract being the west right-of-way line of State Highway 99, 2795.10 |
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feet to a point for corner at the beginning of a curve to the left; |
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THENCE, along the arc of said curve to the left, having a |
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radius of 4019.72 feet, a central angle of 23°18'04", a chord length |
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of 1623.51 feet, and a long chord bearing South 18°08'51" West, |
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continuing in all a total arc length of 1634.75 feet to a point for |
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corner at the southeast corner of the said 129.96 acre tract, said |
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point also marking the southwest corner of said 40.801 acre tract; |
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THENCE, South 87°39'30" West, along the south line of said |
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129.96 acre tract (common with the south line of the Jacob Townsend |
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Survey, Abstract 25), 1005.32 feet to a point for corner marking the |
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southwest corner of said 129.96 acre tract, being in the occupied |
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east right-of-way line of Needlepoint Road (as described in the |
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parent tract deed); |
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THENCE, along the west line of said 129.96 acre tract, |
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described as being common with the occupied east right-of-way line |
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of Needlepoint Road the following nine (9) courses and distances: |
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1. North 16°24'09" East, 1157.81 feet to a point for corner; |
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2. North 15°19'42" East, 41.33 feet to a point for corner; |
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3. North 15°23'18" East, 55.80 feet to a point for corner; |
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4. North 17°10'54" East, 45.19 feet to a point for corner; |
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5. North 08°38'17" East, 37.06 feet to a point for corner; |
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6. North 02°31'50" East, 54.46 feet to a point for corner; |
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7. North 01°57'55" East, 47.69 feet to a point for corner; |
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8. North 01°22'26" East, 524.57 feet to a point for corner; |
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9. North 04°28'33" East, 2045.44 feet to a point for corner |
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marking the northwest corner of said 129.96 acre tract; |
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THENCE, North 89°12'24" East, with the north line of said |
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129.96 acre tract (common with the north line of the Jacob Townsend |
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Survey, Abstract 25), 1407.80 feet to a point for corner; |
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THENCE, North 87°34'17" East, along the north line of said |
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129.96 acre tract, 944.50 feet to the POINT OF BEGINNING, |
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CONTAINING 129.96 acres of land in Chambers County, Texas. |
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Tract III - 464.86 acres (combination of 254.14 and 210.72 acre |
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tracts) |
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BEGINNING at the northwest corner of the said 210.72 acre |
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tract; |
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THENCE, North 87°31'31" East, along the north line of said |
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210.72 acre tract, 1796.29 feet to a point for corner at a northeast |
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corner of the said 210.72 acre tract; |
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THENCE, South 03°07'50" East, along the east line of said |
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210.72 acre tract, 1709.93 feet to a point for corner; |
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THENCE, North 88°05'10" East, with a north line of said 210.72 |
|
acre tract, 1716.89 feet to a point for corner; |
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THENCE, South 01°40'35" East, along an east line of said |
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210.72 acre tract, 1242.97 feet to a point for corner; |
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THENCE, South 87°59'43" West, 3.91 feet to a point for corner; |
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THENCE, South 01°33'16" East, along an east line of the |
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aforementioned 210.72 acre tract, 868.67 feet to a point for |
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corner; |
|
THENCE, South 88°18'21" West, 398.02 feet to a point for |
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corner; |
|
THENCE, South 01°26'48" East, 192.80 feet to a point for |
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corner; |
|
THENCE, South 87°28'30" West, 819.13 feet to a point for |
|
corner; |
|
THENCE, South 02°30'46" East, 160.39 feet to a point for |
|
corner; |
|
THENCE, South 07°49'09" East, 360.01 feet to a point for |
|
corner; |
|
THENCE, South 15°38'38" East, 338.95 feet to a point for |
|
corner; |
|
THENCE, North 87°27'23" East, 693.04 feet to a point for |
|
corner; |
|
THENCE, South 01°26'48" East, 19.26 feet to a point for |
|
corner; |
|
THENCE, South 87°43'36" East, 396.00 feet to a point for |
|
corner; |
|
THENCE, South 01°27'10" East, 26.16 feet to a point for |
|
corner; |
|
THENCE, South 89°31'04" East, 598.07 feet to a point for |
|
corner, said point also being in the westerly right-of-way of Farm |
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to Market Road (F.M.) 3180 (140 foot right-of-way), dedication of |
|
which is recorded in Volume 300, Page 622 of the Chambers County |
|
Deed Records; |
|
THENCE, South 07°09'09 West, along the westerly right-of-way |
|
of said F.M. 3180, 100.68 feet to a point for corner; |
|
THENCE, North 89°31'04" West, 577.87 feet to a point for |
|
corner; |
|
THENCE, North 01°33'16" West, 25.84 feet to a point for |
|
corner; |
|
THENCE, North 87°43'36" West, 497.18 feet to a point for |
|
corner; |
|
THENCE, North 04°36'34" West, 11.39 feet to a point for |
|
corner; |
|
THENCE, South 87°27'23" West, 673.99 feet to a point for |
|
corner; |
|
THENCE, North 15°38'45" West, 425.19 feet to a point for |
|
corner; |
|
THENCE, North 07°49'09" West, 371.48 feet to a point for |
|
corner; |
|
THENCE, South 87°27'38" West, 509.36 feet to a point for |
|
corner, said point also being in the east line of the aforementioned |
|
254.14 acre tract; |
|
THENCE, South 02°31'16" East, along the east line of the said |
|
254.14 acre tract (common with the east line of the Jacob Townsend |
|
Survey, Abstract 25), 2747.10 feet to a point for corner marking the |
|
southeast corner of said 254.14 acre tract; |
|
THENCE, South 87°39'30" West, along the south line of said |
|
254.14 acre tract (common with the south line of the Jacob Townsend |
|
Survey, Abstract 25), 3790.48 feet to a point for corner in the east |
|
right-of-way line of State Highway 99 being described as a called |
|
40.801 acre tract (Parcel 18) in Second Amended Notice of Lis Pendis |
|
recorded in Volume (07) 934, Page 280 of the Chambers County |
|
Official Public Records, said point being in the arc of a |
|
non-tangent curve to the right; |
|
THENCE, along the west line of the said 254.14 acre tract, |
|
common with the east right-of-way line of said State Highway 99 and |
|
the arc of said non-tangent curve to the right, having a radius of |
|
3619.72 feet, a central angle of 22°18'55", an arc length of 1409.79 |
|
feet, and a long chord bearing North 18°38'26" East, 1400.90 feet to |
|
a point for corner; |
|
THENCE, North 29°47'53" East, continuing along said east |
|
right-of-way line of State Highway 99, 2795.78 feet to a point for |
|
corner at the beginning of a curve to the left; |
|
THENCE, along the east line of said State Highway 99, and |
|
along the arc of said curve to the left, having a radius of 3064.79 |
|
feet, a central angle of 57°06'39", an arc length of 3,054.89 feet, |
|
and a long chord bearing North 01°14'33" East, 2,929.99 feet to a |
|
point for corner; |
|
THENCE, North 27°18'47" West, continuing along the east line |
|
of said State Highway 99, 156.96 feet to a point for corner; |
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THENCE, North 02°44'58" West, 193.07 feet to the POINT OF |
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BEGINNING, CONTAINING 464.86 acres of land in Chambers County, |
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Texas, along with the herein described 285.48 acre tract (Tract I), |
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and the herein described 129.96 acre tract (Tract II) for a total |
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acreage of 880.30 acres. |
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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. |