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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-Waller Counties Municipal |
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Utility District No. 3; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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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 8431 to read as follows: |
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CHAPTER 8431. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY |
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DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8431.001. 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-Waller Counties |
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Municipal Utility District No. 3. |
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Sec. 8431.002. 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. 8431.003. 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. 8431.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8431.003 |
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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. 8431.005. 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. 8431.006. 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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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8431.051. 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 8431.052, directors serve |
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staggered four-year terms. |
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Sec. 8431.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Lonnie Lee; |
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(2) Jennifer Coleman; |
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(3) Dana Thompson; |
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(4) John Hoag; and |
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(5) David Ward. |
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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 8431.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8431.003 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 8431.003; 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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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8431.101. 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. 8431.102. 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. 8431.103. 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. 8431.104. 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, zoning and |
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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. 8431.105. 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8431.151. 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 8431.153. |
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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. 8431.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8431.151, 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. 8431.153. 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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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8431.201. 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. 8431.202. 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. 8431.203. 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-Waller Counties Municipal Utility |
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District No. 3 initially includes all the territory contained in |
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the following area: |
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448.64 ACRES OF LAND SITUATED IN THE H. & T.C .R.R. CO. |
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SURVEY, ABSTRACT NO. 1711, HARRIS COUNTY, TEXAS, THE H. & T.C .R.R. |
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CO. SURVEY, ABSTRACT NO. 196, WALLER COUNTY, TEXAS, THE J. |
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McCUTCHEON SURVEY, ABSTRACT NO. 1343, HARRIS COUNTY, TEXAS, THE J. |
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McCUTCHEON SURVEY, ABSTRACT NO. 306, WALLER COUNTY, TEXAS AND THE |
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H. & T.C .R.R. CO. SURVEY, ABSTRACT NO. 203, WALLER COUNTY, TEXAS, |
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THE SAID 448.64 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES |
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AND BOUNDS IN TWO (2) TRACTS AS FOLLOWS (BEARINGS BASED ON TEXAS |
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STATE PLANE COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS |
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DETERMINED BY GPS MEASUREMENTS): |
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TRACT 1 |
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A 138.60 ACRE TRACT OF LAND SITUATED IN THE H. & T.C .R.R. CO. |
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SURVEY, ABSTRACT NO. 196, WALLER COUNTY, TEXAS AND THE H. & T.C. |
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R.R. CO. SURVEY, ABSTRACT NO. 1711, HARRIS COUNTY, TEXAS, THE SAID |
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138.60 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND |
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BOUNDS AS FOLLOWS: |
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COMMENCING at a 1/2-inch capped iron pipe stamped "Kalkomey" |
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found marking the southeasterly corner of the said F. Eule Survey, |
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A-376 and the northeasterly corner of the H. & T.C.C. R.R. Co. |
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Survey, Abstract No. 203 being in the westerly line of the H. & |
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T.C.C. R.R. Co. Survey, Abstract No. 196 , being in the current |
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extraterritorial jurisdiction line (ETJ) agreed to for the City of |
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Houston and the City Limits of the City of Katy, having Texas State |
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Plane, South Central Zone 1983, coordinates of X = 2,970,598.13 and |
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Y = 13,852,721.55 and being in the intersection of Franz Road (as |
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occupied at present) and Bartlett Road (as occupied at present); |
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THENCE, North 02°03'11" West, along easterly line of the said |
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F. Eule Survey and the westerly line of the said H. & T. C.C. R.R. |
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Co. Survey, Abstract No. 196, same being the current |
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extraterritorial jurisdiction line (ETJ) agreed to for the City of |
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Houston and the City Limits of the City of Katy, a distance of |
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2,492.31 feet to a 1/2-inch capped iron pipe stamped "Kalkomey" |
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found at a northwesterly corner for the City Limits of the City of |
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Katy, marking the southwesterly corner and POINT OF BEGINNING of |
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the herein described tract of land and having Texas State Plane, |
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South Central Zone 1983, coordinates of X = 2,970,508.84 and Y = |
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13,855,212.14; |
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(1) THENCE, North 02°03'11" West, along easterly line |
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of the said F. Eule Survey and the westerly line of the said H. & T. |
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C.C. R.R. Co. Survey, Abstract No. 196, same being the current |
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extraterritorial jurisdiction line (ETJ) agreed to between the |
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City of Houston and the City of Katy, a distance of 2,753.74 feet to |
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a point for corner in the southerly right-of-way line of Morton Road |
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(as occupied at present); |
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(2) THENCE, North 87°59'06" East, along the southerly |
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right-of-way line of Morton Road, being the current |
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extraterritorial jurisdiction line (ETJ) agreed to between the |
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City of Houston and the City of Katy, for a distance of 23.14 feet to |
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a point for corner in the southerly extension of the easterly |
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right-of-way line of Pitts Road (as occupied at present), being the |
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current extraterritorial jurisdiction line (ETJ) agreed to between |
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the City of Houston and the City of Katy; |
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(3) THENCE, North 02°03'11" West, along the southerly |
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extension of the easterly right-of-way line of Pitts Road, same |
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being the current extraterritorial jurisdiction line (ETJ) agreed |
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to between the City of Houston and the City of Katy, for a distance |
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of 30.00 feet to a point for corner in the southerly line of the E. |
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Jenkins Survey, Abstract No. 409 and the northerly line of the said |
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H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and being in Morton |
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Road; |
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(4) THENCE, North 87°59'06" East, along the common line |
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of the said E. Jenkins Survey, Abstract No. 409 and the H. & T. C.C. |
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R.R. Co. Survey, Abstract No. 196 for a distance of 1,802.23 feet to |
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a point marking the northeasterly corner of the herein described |
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tract of land being in the meanders of the centerline of the Cane |
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Island Branch of Buffalo Bayou, being the current City Limits of the |
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City of Katy; |
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THENCE, along the meanders of the centerline of the Cane |
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Island Branch of Buffalo Bayou, the following twelve (12) courses |
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and distances: |
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(5) South 07°05'41" East for a distance of 123.38 feet |
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to a point for corner; |
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(6) South 24°45'11" East for a distance of 17.51 feet |
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to a point for corner; |
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(7) South 09°35'52" East for a distance of 17.33 feet |
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to a point for corner; |
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(8) South 24°39'54" East for a distance of 933.91 feet |
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to a point for corner; |
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(9) South 25°13'39" East for a distance of 123.31 feet |
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to a point for corner; |
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(10) South 23°49'46" East for a distance of 198.91 |
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feet to a point for corner; |
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(11) South 04°55'49" West for a distance of 181.40 |
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feet to a point for corner; |
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(12) South 03°35'11" West for a distance of 771.53 |
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feet to a point for corner; |
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(13) South 08°04'38" East for a distance of 202.50 |
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feet to a point for corner; |
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(14) South 10°55'43" East for a distance of 113.16 |
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feet to a point for corner; |
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(15) South 16°00'38" East for a distance of 77.12 feet |
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to a point for corner; |
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(16) South 06°45'05" East for a distance of 130.65 |
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feet to a point for corner in the current City Limits of the City of |
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Katy; |
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(17) THENCE, South 87°56'49" West, along the current |
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City Limits of the City of Katy for a distance of 2,296.78 feet to |
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the POINT OF BEGINNING and containing 138.60 acres of land. |
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TRACT 2 |
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A 310.04 ACRE TRACT OF LAND SITUATED IN THE J. McCUTCHEON |
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SURVEY, ABSTRACT NO. 1343, HARRIS COUNTY, TEXAS, THE J. McCUTCHEON |
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SURVEY, ABSTRACT NO. 306, WALLER COUNTY, TEXAS AND THE H. & T.C. |
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R.R. CO. SURVEY, ABSTRACT NO. 203, WALLER COUNTY, TEXAS, THE SAID |
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310.04 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND |
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BOUNDS AS FOLLOWS: |
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COMMENCING at a 1/2-inch capped iron pipe stamped "Kalkomey" |
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found marking the southeasterly corner of the said F. Eule Survey, |
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A-376 and the northeasterly corner of the H. & T.C.C. R.R. Co. |
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Survey, Abstract No. 203 being in the westerly line of the H. & |
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T.C.C. R.R. Co. Survey, Abstract No. 196 , being in the current |
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extraterritorial jurisdiction line (ETJ) agreed to for the City of |
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Houston and the City Limits of the City of Katy, having Texas State |
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Plane, South Central Zone 1983, coordinates of X = 2,970,598.13 and |
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Y = 13,852,721.55 and being in the intersection of Franz Road (as |
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occupied at present) and Bartlett Road (as occupied at present); |
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THENCE, South 02°03'11" East, along the easterly line of the |
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H. & T.C.C. R.R. Co. Survey, Abstract No. 203 and the westerly line |
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of the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196, same |
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being the current extraterritorial jurisdiction line (ETJ) agreed |
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to for the City of Houston and the City Limits of the City of Katy, a |
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distance of 33.00 feet to the intersection with the easterly |
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extension of the southerly right-of-way line of Franz Road, marking |
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a point for corner in the current extraterritorial jurisdiction |
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line (ETJ) agreed to between the City of Houston and the City of |
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Katy and the most northerly northeast corner and POINT OF BEGINNING |
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of the herein described tract of land, having Texas State Plane, |
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South Central Zone 1983, coordinates of X = 2,970,599.31 and Y = |
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13,852,688.57; |
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(1) THENCE, South 02°03'11" East, continuing along the |
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easterly line of the H. & T.C.C. R.R. Co. Survey, Abstract No. 203 |
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and the westerly line of the said H. & T. C.C. R.R. Co. Survey, |
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Abstract No. 196, same being the current City Limits of the City of |
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Katy, a distance of 1,111.85 feet to a 1/2-inch iron pipe found for |
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corner; |
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(2) THENCE, North 87°48'32" East, a distance of 921.80 |
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feet to a 1/2-inch iron pipe found for corner; |
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(3) THENCE, North 02°03'11" West, a distance of 510.32 |
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feet to a railroad spike found for corner in the southerly line of |
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the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the |
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northerly line of the said J. McCutcheon Survey and being in Morton |
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Road; |
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(4) THENCE, North 87°48'32" East, along the common of |
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the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the said |
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J. McCutcheon Survey, a distance of 1,823.00 feet to a railroad |
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spike found for corner ; |
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(5) THENCE, South 02°00'23" East, a distance of 378.50 |
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feet to a point for corner; |
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(6) THENCE, North 87°48'32" East, a distance of 500.00 |
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feet to a point for corner; |
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(7) THENCE, North 02°00'23" West, a distance of 378.50 |
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feet to a cotton spindle found for corner in the southerly line of |
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the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the |
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northerly line of the said J. McCutcheon Survey and being in Morton |
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Road; |
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(8) THENCE, North 87°48'32" East, along the common of |
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the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and the said |
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J. McCutcheon Survey, a distance of 80.00 feet to an "X" in concrete |
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found marking the most easterly northeast corner of the herein |
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described tract of land; |
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(9) THENCE, South 02°00'23" East, a distance of |
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1,083.67 feet to a 1/2-inch capped iron pipe stamped "Kalkomey" |
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found for corner; |
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(10) THENCE, South 87°59'37" West, a distance of 43.25 |
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feet to a point for corner being in the meanders of the centerline |
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of the Cane Island Branch of Buffalo Bayou; |
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THENCE, along the meanders of the centerline of the Cane |
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Island Branch of Buffalo Bayou, the following eight (8) courses and |
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distances: |
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(11) South 30°22'18" West for a distance of 176.74 |
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feet to a point for corner; |
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(12) South 34°52'08" West for a distance of 282.70 |
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feet to a point for corner; |
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(13) South 20°24'01" West for a distance of 64.45 feet |
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to a point for corner; |
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(14) South 09°14'21" East for a distance of 108.98 |
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feet to a point for corner; |
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(15) South 04°02'15" East for a distance of 154.42 |
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feet to a point for corner; |
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(16) South 11°42'40" East for a distance of 168.80 |
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feet to a point for corner; |
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(17) South 15°19'15" West for a distance of 68.22 feet |
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to a point for corner; |
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(18) South 48°56'03" West for a distance of 73.95 feet |
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to a point for corner in the southerly line of the said J. |
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McCutcheon Survey and the northerly line of the J. Crawford Survey, |
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A-113, marking the most easterly southeast corner of the herein |
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described tract of land and being in Tenth Street; |
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(19) THENCE, South 87°38'46" West, along the common of |
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the said J. McCutcheon Survey and the J. Crawford Survey, a |
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distance of 401.99 feet to point for corner; |
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(20) THENCE, North 02°03'52" West, a distance of 382.44 |
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feet to a point for corner; |
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(21) THENCE, South 88°07'10" West, a distance of 356.87 |
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feet to a point for corner; |
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(22) THENCE, North 02°03'52" West, a distance of 464.61 |
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feet to a 1/2-inch iron pipe found for corner; |
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(23) THENCE, South 88°04'50" West, a distance of 456.77 |
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feet to a 1/2-inch iron pipe found for corner; |
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(24) THENCE, South 02°51'33" East, a distance of |
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1,010.83 feet to a Mag nail with shiner found for corner in the |
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southerly line of the said J. McCutcheon Survey Survey, Abstract |
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No. 306 and the northerly line of the J. C. Paul Survey, A-386 and |
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being in Bartlett Road; |
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(25) THENCE, South 88°04'38" West, along the common of |
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the said J. McCutcheon Survey and the J. C. Paul Survey, a distance |
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of 1,759.35 feet to 1/2-inch capped iron pipe stamped "Kalkomey" |
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found for corner at the westerly common corner of said surveys, |
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being in the easterly line of the aforementioned H. & T.C.C. R.R. |
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Co. Survey, Abstract No. 203; |
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(26) THENCE, South 03°31'15" West, a distance of 40.17 |
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feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for |
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corner in the arc of a non-tangent curve; |
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(27) THENCE, along the arc of a curve to the right |
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having a radius of 1,040.00 feet, a central angle of 38°24'17", an |
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arc length of 697.10 feet and a chord bearing N 72°30'37" W, a |
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distance of 684.12 feet to a 1/2-inch capped iron pipe stamped |
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"Kalkomey" found for corner in the current City Limits of the City |
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of Katy; |
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(28) THENCE, South 88°03'25" West, along the current |
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City Limits of the City of Katy, a distance of 1,537.40 feet to a |
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1/2-inch capped iron pipe stamped "Kalkomey" found for corner in |
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the arc of a non-tangent curve; |
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(29) THENCE, along the arc of a curve to the left |
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having a radius of 1,060.00 feet, a central angle of 37°07'19", an |
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arc length of 686.77 feet and a chord bearing S 16°36'52" W, a |
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distance of 674.82 feet to a 1/2-inch capped iron pipe stamped |
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"Kalkomey" found for tangency; |
|
(30) THENCE, South 01°56'48" East, a distance of 316.86 |
|
feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for a |
|
point of curvature; |
|
(31) THENCE, along the arc of a curve to the left |
|
having a radius of 1,060.00 feet, a central angle of 21°41'29", an |
|
arc length of 401.30 feet and a chord bearing S 12°47'32" E, a |
|
distance of 398.91 feet to a 1/2-inch capped iron pipe stamped |
|
"Kalkomey" found for tangency; |
|
(32) THENCE, South 23°38'17" East, a distance of |
|
1,025.45 feet to a 1/2-inch capped iron pipe stamped "Kalkomey" |
|
found for a point of curvature; |
|
(33) THENCE, along the arc of a curve to the right |
|
having a radius of 1,340.00 feet, a central angle of 21°55'53", an |
|
arc length of 512.92 feet and a chord bearing S 12°40'20" E, a |
|
distance of 509.79 feet to a 1/2-inch capped iron pipe stamped |
|
"Kalkomey" found for tangency; |
|
(34) THENCE, South 01°42'24" East, a distance of 210.70 |
|
feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for |
|
corner in the northerly right-of-way line McAllister Road (based on |
|
a width of 60 feet) and marking the most southerly southeast corner |
|
of the herein described tract of land; |
|
(35) THENCE, South 88°44'03" West, along the northerly |
|
right-of-way line McAllister Road for a distance of 788.13 feet to a |
|
5/8-inch iron rod found marking the southwest corner of the herein |
|
described tract of land; |
|
(36) THENCE, North 01°56'48" West, a distance of |
|
3,003.45 feet to a 1/2-inch capped iron pipe stamped "Kalkomey" |
|
found for corner in the current City Limits of the City of Katy; |
|
(37) THENCE, North 01°51'45" West, a distance of |
|
1,332.39 feet to a 1/2-inch capped iron pipe stamped "Kalkomey" |
|
found marking the most westerly northwest corner of the herein |
|
described tract of land; |
|
(38) THENCE, North 87°56'49" East, a distance of 462.00 |
|
feet to a 1/2-inch capped iron pipe stamped "Kalkomey" found for |
|
corner; |
|
(39) THENCE, North 01°51'45" West, a distance of |
|
1,287.00 feet to a point marking the most northerly northwest |
|
corner of the herein described tract of land in the southerly |
|
right-of-way line of Franz Road, being the current |
|
extraterritorial jurisdiction line (ETJ) agreed to between the |
|
City of Houston and the City of Katy; |
|
(40) THENCE, North 87°56'49" East, along the southerly |
|
right-of-way line of Franz Road, being the current extraterritorial |
|
jurisdiction line (ETJ) agreed to between the City of Houston and |
|
the City of Katy, for a distance of 2,170.11 feet to the POINT OF |
|
BEGINNING and containing 310.04 acres of land and when all of the |
|
above described tracts of land are compiled, they have a combined |
|
total area of 448.64 acres of land. This description has been |
|
prepared in conjunction with a map of equal date. |
|
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) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8431, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8431.106 to read as follows: |
|
Sec. 8431.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2013. |