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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 Harris County Municipal Utility |
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District No. 528; 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 8318 to read as follows: |
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CHAPTER 8318. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 528 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8318.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Harris County Municipal |
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Utility District No. 528. |
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Sec. 8318.002. 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. 8318.003. 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. 8318.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8318.003 |
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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. 8318.005. 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, 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. 8318.006. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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 8318.007-8318.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8318.051. 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 8318.052, directors serve |
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staggered four-year terms. |
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Sec. 8318.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2011, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 8318.003; or |
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(2) September 1, 2015. |
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(c) If permanent directors have not been elected under |
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Section 8318.003 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 8318.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8318.053-8318.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8318.101. 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. 8318.102. 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. 8318.103. 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. 8318.104. 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. 8318.105. 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 adopted by the city |
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council of the City of Baytown. |
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Sec. 8318.106. 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 8318.103; 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 8318.107-8318.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8318.151. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 8318.153. |
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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. 8318.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8318.151, 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. 8318.153. 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 8318.154-8318.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8318.201. 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. 8318.202. 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. 8318.203. 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 Harris County Municipal Utility District No. |
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528 initially includes all the territory contained in the following |
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area: |
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TRACT 1 |
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FIELD NOTES of a 27.8347 acre tract of land situated in the William |
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Scott Lower league, Abstract No. 65, Harris County, Texas, and |
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being out of and a part of a 1541 acre tract of land conveyed to |
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Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated |
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November 29, 1935, and recorded in Volume 996 at Page 379 of the |
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Deed Records of Harris County, Texas. This 27.8347 acre tract of |
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land is more particularly described by metes and bounds as follows, |
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to-wit: |
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NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES |
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REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL |
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ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = |
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0.9998389. |
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BEGINNING at a concrete right-of-way monument found at the |
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intersection of the North right-of-way line of Spur 55 |
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(right-of-way width varies) and the East right-of-way line of State |
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Highway 146 (right-of-way width varies). Said point being |
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Westernmost Southwest corner and POINT OF BEGINNING of this tract |
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and having a State Plane Coordinate Value of N=13,832,328.10 and |
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E=3,250,340.20. Said point being in a curve to the left, concave |
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Westerly. |
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THENCE: Along and around said curve to the left, in a Northerly |
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direction, along the West line of this tract and the East |
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right-of-way line of said State Highway No. 146, said curve having a |
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central angle of 15°57'18", a radius of 1629.82 feet, and a chord |
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bearing and distance of North 23°06'38" East 452.39 feet, for an arc |
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length of 453.85 feet to a concrete right-of-way monument found for |
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the TERMINATION POINT of said curve. |
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THENCE: North 10°06'20" East along the West line of this tract and |
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the East right-of-way line of said State Highway No. 146, for a |
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distance of 97.12 feet to a 1/2 inch iron rod, with cap, set for the |
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Northwest corner of this tract and the Southwest corner of that |
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certain 33.00 acre tract of land conveyed by Ashbel Smith |
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Management Company, et al, to Goose Creek Consolidated Independent |
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School District by Deed dated June 5, 1991 and recorded under County |
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Clerk's File No. N174232 of the Official Public Records of Real |
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Property of Harris County, Texas. |
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THENCE: South 73°11'36" East along the North line of this tract and |
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the South line of said 33.00 acre tract for a distance of 1795.57 |
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feet to a 1/2 inch iron rod, with cap, set in the West right-of-way |
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line of Tri-Cities Beach Road (80 feet wide right-of-way) for the |
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Southeast corner of said 33.00 acres and the Northeast corner of |
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this tract. |
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THENCE: South 08°04'39" East along the Northernmost East line of |
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this tract and the West right-of-way line of said Tri-Cities Beach |
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Road for a distance of 572.67 feet to a 1/2 inch iron rod, with cap, |
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set for the Easternmost Southeast corner of this tract at the |
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intersection of the West right-of-way line of Tri-Cities Beach Road |
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with the North right-of-way line of said Spur 55. |
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THENCE: South 49°20'06" West along the Southernmost East line of |
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this tract and the North right-of-way line of said Spur 55 for a |
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distance of 104.30 feet to 1/2 inch iron rod, with cap, set for the |
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Southernmost Southeast corner of this tract and an angle point in |
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the North right-of-way line of said Spur 55. |
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THENCE: North 73°15'09" West along the South line of this tract and |
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the North right-of-way line of said Spur 55 for a distance of 118.36 |
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feet to a 1/2 inch iron rod, with cap, set for an angle point in said |
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line. |
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THENCE: North 74°30'59" West along the South line of this tract and |
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the North right-of-way line of said Spur 55 for a distance of |
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1813.52 feet to a 1/2 inch iron rod, with cap, set for the |
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Southernmost Southwest corner of this tract and an angle point in |
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the North right-of-way line of said Spur 55. |
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THENCE: North 23°25'09" West along the Southernmost West line of |
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this tract and the North right-of-way line of said Spur 55 for a |
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distance of 135.34 feet to the PLACE OF BEGINNING and containing |
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within these boundaries 27.8347 acres of land. |
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TRACT 2 |
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FIELD NOTES of a 28.5456 acre tract of land situated in the William |
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Scott Lower league, Abstract No. 65, Harris County, Texas, and |
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being out of and a part of a 1541 acre tract of land conveyed to |
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Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated |
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November 29, 1935, and recorded in Volume 996 at Page 379 of the |
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Deed Records of Harris County, Texas. This 28.5456 acre tract of |
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land is more particularly described by metes and bounds as follows, |
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to-wit: |
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NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES |
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REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL |
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ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = |
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0.9998389. |
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BEGINNING at a 1/2 inch iron rod, with cap, set at the intersection |
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of the Northwest right-of-way line of State Highway No. 146 (200 |
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feet wide right-of-way) with the East right-of-way of the Missouri |
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Pacific Railroad (Parcel No. 1 containing 3.66104 acres conveyed by |
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Ashbel Smith Land Company to Missouri Pacific Railroad Company by |
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Deed dated January 9, 1967 and recorded in Volume 6644 at Page 486 |
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of the Deed Records of Harris County, Texas). Said point being the |
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Southwest corner and POINT OF BEGINNING of this tract and having a |
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State Plane Coordinate Value of N=13,831,254.86 and |
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E=3,248,223.73. |
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THENCE: North 24°15'03" West along the Southernmost West line of |
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this tract and the East right-of-way line of said Missouri Pacific |
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Railroad for a distance of 540.66 feet to a 1/2 inch iron, with cap, |
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set for the BEGINNING POINT of a curve to the right, concave |
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Easterly. |
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THENCE: Along and around said curve to the right, in a |
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Northwesterly direction, along the Southernmost West line of this |
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tract and the East right-of-way line of said Missouri Pacific |
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Railroad, said curve having a central angle of 06°37'49", a radius |
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of 1065.93 feet, and a chord bearing and distance of North 20°56'07" |
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West 123.28 feet, for an arc length of 123.35 feet to a fence corner |
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post found for an interior corner of this tract and an exterior |
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corner of said Missouri Pacific Railroad. |
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THENCE: South 71°27'32" West along the Westernmost South line of |
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this tract and an exterior line of said Missouri Pacific Railroad |
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for a distance of 30.00 feet to a fence corner post found for an |
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exterior corner of this tract and an interior corner of said |
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Missouri Pacific Railroad; said point being the BEGINNING POINT of |
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a curve to the right, concave Easterly. |
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THENCE: Along and around said curve to the right, in a Northerly |
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direction, along the Northernmost West line of this tract and the |
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East right-of-way line of said Missouri Pacific Railroad, said |
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curve having a central angle of 17°22'22", a radius of 1095.93 feet, |
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and a chord bearing of North 08°57'32" West 331.03 feet, for an arc |
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length of 332.30 feet to a 1/2 inch iron rod, with cap, set for the |
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TERMINATION POINT of said curve. |
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THENCE: North 00°22'43" West along the Northernmost West line of |
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this tract and the East right-of-way line of said Missouri Pacific |
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Railroad for a distance of 164.82 feet to a fence corner post found |
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at the intersection of said line with the South right-of-way line of |
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Alexander Drive (120 feet wide right-of-way) for the Northwest |
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corner of this tract. |
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THENCE: South 88°36'31" East along the South right-of-way line of |
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South Alexander Drive and the North line of this tract for a |
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distance of 742.80 feet to a concrete right-of-way monument found |
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for an angle point in said line. |
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THENCE: South 88°51'51" East along the South right-of-way line of |
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South Alexander Drive and the North line of this tract for a |
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distance of 648.31 feet to a concrete right-of-way monument found |
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for the BEGINNING POINT of a curve to the right, concave Southerly. |
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THENCE: Along and around said curve to the right, along the North |
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line of this tract and the South right-of-way line of said South |
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Alexander Drive, in an Easterly direction, said curve having a |
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central angle of 07°23'27", a radius of 2804.76 feet, and a chord |
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bearing and distance of South 84°50'16" East 361.55 feet, for an arc |
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length of 361.80 feet to a 1/2 inch iron rod, with cap, set for the |
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Northeast corner of this tract at the intersection of the South |
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right-of-way line of South Alexander Drive with a West right-of-way |
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line of State Highway No. 146. |
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THENCE: South 18°20'49" East along the East line of this tract and a |
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West right-of-way line of said State Highway No. 146, for a distance |
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of 156.45 feet to a 1/2 inch iron rod, with cap, set for the |
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Southeast corner of this tract and an interior corner of said State |
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Highway No. 146 right-of-way. Said point being in a curve to the |
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right, concave Northerly. |
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THENCE: Along and around said curve to the right, in a Westerly |
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direction, along the South line of this tract and the North |
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right-of-way line of said State Highway No. 146, said curve having a |
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central angle of 07°12'01", a chord bearing and distance of South |
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48°00'47" West 476.69 feet, for an arc length of 477.00 feet to a 1/2 |
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inch iron rod, with cap, set for the TERMINATION POINT of said |
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curve. |
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THENCE: South 59°19'20" West along the South line of this tract and |
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the North right-of-way line of said State Highway No. 146 for a |
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distance of 478.02 feet to a 1/2 inch iron rod, with cap, set for an |
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angle point in said line. |
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THENCE: South 65°20'11" West along the South line of this tract and |
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the North right-of-way line of said State Highway No. 146 for a |
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distance of 756.46 feet to the PLACE OF BEGINNING and containing |
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within these boundaries 28.5456 acres of land. |
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TRACT 3 |
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FIELD NOTES of a 180.9042 acre tract of land situated in the William |
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Scott Lower League, Abstract No. 65, Harris County, Texas, and |
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being out of and a part of a 1541 acre tract of land conveyed to |
|
Ashbel Smith Land Company by B. W. Armstrong, et al, by Deed dated |
|
November 29, 1935, and recorded in Volume 996 at Page 379 of the |
|
Deed Records of Harris County, Texas. This 180.9042 acre tract of |
|
land is more particularly described by metes and bounds as follows, |
|
to-wit: |
|
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES |
|
REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL |
|
ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR = |
|
0.9998389. |
|
COMMENCING at a 2 inch iron pipe for the Northeast corner of a |
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1.5116 acre tract of land called Tract 2 conveyed to Jack A. Howard, |
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et al, by Robert O. Busch, et al, by Deed dated March 15, 1978, and |
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recorded at County Clerk's file No. F530458 of the Official Public |
|
Records of Real Property of Harris County, Texas, and in the South |
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right-of-way line of State Highway No. 146, 200 foot wide |
|
right-of-way. Said COMMENCING POINT has a State Plane Coordinate |
|
Value of N=13,830,522.01 and E=3,247,084.46. |
|
THENCE: South 16°07'47" West along the East line of said 1.5116 |
|
acres for a distance of 677.44 feet to a 2-1/2 inch metal post for |
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the Northwest corner and POINT OF BEGINNING of this tract. |
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THENCE: South 89°15'51" East along the North line of this tract for |
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a distance of 1329.80 feet to a point for the Northeast corner of |
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this tract. |
|
THENCE: South 00°44'09" West along the East line of this tract for a |
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distance of 2982.46 feet to a point for an angle point in said East |
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line. |
|
THENCE: South 19°20'00" West along the East line of this tract for a |
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distance of 1000.68 feet to a point for an angle point in said East |
|
line. |
|
THENCE: South 31°08'04" West along the East line of this tract for a |
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distance of 908.34 feet to a point in the North right-of-way line of |
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Evergreen Road (60 feet wide right-of-way) for the Southeast corner |
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of this tract. |
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THENCE: North 58°51'56" West along the Easternmost South line of |
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this tract and the North right-of-way line of Evergreen Road for a |
|
distance of 409.49 feet to a 1/2 inch iron rod, with cap, for the |
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BEGINNING POINT of a curve to the right, concave Northeast. |
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THENCE: Along and around said curve, in a Northwesterly direction, |
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with the Easternmost South line of this tract of land and the |
|
Northeast right-of-way line of Evergreen Road, said curve having a |
|
central angle of 15°59'48", a radius of 789.20 feet, and a chord |
|
bearing and distance of North 50°50'40" West 219.63 feet, for an arc |
|
length of 220.34 feet to a 1/2 inch iron rod for the TERMINATION |
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POINT of said curve. |
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THENCE: North 42°52'16" West along the Easternmost South line of |
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this tract of land and the Northeast right-of-way line of Evergreen |
|
Road for a distance of 685.33 feet to a 1/2 inch iron rod for the |
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BEGINNING POINT of a curve to the left, concave Southwest. |
|
THENCE: Along and around said curve to the left, in a Northerly |
|
direction, with the Easternmost South line of this tract of land and |
|
the Northeast right-of-way line of Evergreen Road, said curve |
|
having a central angle of 03°08'33", a radius of 6814.28 feet, and a |
|
chord bearing and distance of North 44°27'42" West 373.68 feet, for |
|
an arc length of 373.73 feet, to a 1/2 inch iron rod for the |
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TERMINATION POINT of said curve. |
|
THENCE: North 46°00'58" West along the Easternmost South line of |
|
this tract of land and the Northeast right-of-way line of Evergreen |
|
Road for a distance of 531.26 feet to a 1/2 inch iron rod, with cap, |
|
for the Southernmost Southwest corner of this tract of land and the |
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Southeast corner of an 80 acre tract of land conveyed to Bill W. |
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Nance by Alvie Wright Nance, by Deed dated October 22, 1996, and |
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recorded under County Clerk's File No. S210455 of the Official |
|
Public Records of Real Property of Harris County, Texas. |
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THENCE: North 50°36'12" East along the Southernmost West line of |
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this tract of land and the East line of said 80 acre tract of land, |
|
and at 2.37 feet pass a 4 inch pipe fence corner post, continuing |
|
along said line and a barb wire fence a total distance of 536.04 |
|
feet to a 2 inch iron pipe for an interior corner of this tract of |
|
land and an angle corner of said 80 acre tract of land. |
|
THENCE: North 54°45'13" West along the Westernmost South line of |
|
this tract and an exterior line of said 80 acre tract, and along a |
|
barb wire fence, for a distance of 293.16 feet to a 1/2 inch iron |
|
rod, with cap, for the Westernmost Southwest corner of this tract. |
|
THENCE: In a Northerly direction along the Northernmost West line |
|
of this tract of land and the East line of said 80 acre tract of |
|
land, and a barb wire fence line the following courses and |
|
distances: |
|
North 16°15'01" East for a distance of 1171.99 feet to a 2 inch |
|
iron pipe; |
|
North 43°11'17" East for a distance of 341.17 feet to a 2 inch |
|
iron pipe; |
|
North 18°00'45" East for a distance of 481.29 feet to a 1/2 |
|
inch iron rod, with cap; |
|
North 15°59'25" East for a distance of 927.59 feet to the |
|
PLACE OF BEGINNING and containing within these boundaries 180.9042 |
|
acres of land. |
|
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. (a) Section 8318.106, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 8318, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8318.106 to read as follows: |
|
Sec. 8318.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Subsection (c), |
|
Section 17, Article I, Texas Constitution. |
|
SECTION 5. Except as provided by Section 4 of this Act, this |
|
Act takes effect September 1, 2011. |
|
|
|
* * * * * |