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A BILL TO BE ENTITLED
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AN ACT
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relating to the dissolution of the Harris County Municipal Utility |
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District No. 213; the creation of the Harris County Municipal |
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Utility District No. 213-A; the creation of the Harris County |
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Municipal Utility District No. 213-B; granting a limited power of |
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eminent domain; providing authority to issue bonds; providing |
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authority to impose assessments, fees, or taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. On the effective date of this Act: |
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(1) the Harris County Municipal Utility District No. |
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213 is dissolved; |
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(2) the terms of the directors of the district expire; |
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and |
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(3) any assets of the district, including any tax or |
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assessment revenue, that remain after payment of the district's |
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liabilities are transferred to the Harris County Municipal Utility |
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District No. 213-A. |
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SECTION 2. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8478 to read as follows: |
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CHAPTER 8478. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8478.001. 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. 213-A. |
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Sec. 8478.002. 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. 8478.003. 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. 8478.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8478.003 |
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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. 8478.005. 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. 8478.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 3 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 3 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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Sec. 8478.007. ANNEXATION BY MUNICIPALITY. |
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Notwithstanding any other law, if all of the territory of the |
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district is annexed by a municipality into the corporate limits of |
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that municipality before the date of the election under Section |
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8478.003, the district may not be dissolved and shall continue |
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until the district is dissolved under Section 43.074, Local |
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Government Code. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8478.051. 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 8478.052, directors serve |
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staggered four-year terms. |
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Sec. 8478.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) William K. Taylor; |
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(2) James Coursey; and |
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(3) Jacob Saour. |
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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 8478.003; or |
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(2) September 1, 2017. |
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(c) If permanent directors have not been elected under |
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Section 8478.003 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 8478.003; 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. 8478.101. 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. 8478.102. 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. 8478.103. 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. 8478.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8478.105. 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. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8478.151. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
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district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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Sec. 8478.152. LAW APPLICABLE TO NEW DISTRICT. This |
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chapter applies to any new district created by division of the |
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district, and a new district has all the powers and duties of the |
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district. |
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Sec. 8478.153. LIMITATION ON AREA OF NEW DISTRICT. A new |
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district created by the division of the district may not, at the |
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time the new district is created, contain any land outside the area |
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described by Section 3 of the Act enacting this chapter. |
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Sec. 8478.154. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by the owner or owners |
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of a majority of the assessed value of the real property in the |
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district, may adopt an order dividing the district. |
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(b) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8478.003 to confirm the district's creation. |
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(c) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the new districts. |
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(d) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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Sec. 8478.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
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A new district created by the division of the district shall hold a |
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confirmation and directors' election as required by Section |
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8478.003. |
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(b) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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Sec. 8478.156. TAX OR BOND ELECTION. Before a new district |
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created by the division of the district may impose a maintenance tax |
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or issue bonds payable wholly or partly from ad valorem taxes, the |
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new district must hold an election as required by this chapter to |
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obtain voter approval. |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 8478.201. 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 8478.203. |
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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. 8478.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8478.201, 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. 8478.203. 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 F. BONDS AND OTHER OBLIGATIONS |
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Sec. 8478.251. 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. 8478.252. 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. |
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Sec. 8478.253. 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 3. The Harris County Municipal Utility District |
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No. 213-A initially includes all the territory contained in the |
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following area: |
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BEING A TRACT OF LAND CONTAINING 571.898 ACRES, MORE OR LESS, |
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SITUATED IN THE TALCOT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS |
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COUNTY, TEXAS, CONSISTING OF THAT CERTAIN 697.0651-ACRE TRACT |
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DESCRIBED BY METES AND BOUNDS BELOW, SAVE AND EXCEPT THAT CERTAIN |
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111.307-ACRE TRACT ("SAVE AND EXCEPT TRACT 1") DESCRIBED BY METES |
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AND BOUNDS BELOW, AND SAVE AND EXCEPT THAT CERTAIN 13.860-ACRE |
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TRACT ("SAVE AND EXCEPT TRACT 2") DESCRIBED BY METES AND BOUNDS |
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BELOW: |
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THE 697.0651-ACRE TRACT: |
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BEGINNING at the intersection of the westerly right-of-way line of |
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Garth Road (80-foot R.O.W.) and northerly right -of-way line of |
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Wallisville Road (60-foot R.O.W.); |
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THENCE, South 80°13'00" West, along said northerly line, a distance |
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of 1641.66 feet to a point for corner; |
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THENCE, North 09°47'00" West, a distance of 500.00 feet to a point |
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for corner; |
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THENCE, South 80°13'00" West, a distance of 473.58 feet to a point |
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for corner; |
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THENCE, South 23°42'00" East, a distance of 515.04 feet to a point |
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for corner in the aforementioned northerly line of Wallisville |
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Road; |
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THENCE, North 89°32'55" West, along said northerly line, a distance |
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of 2070.91 feet to a point for corner at the intersection of said |
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northerly line and the easterly line of Haney Road (80-foot |
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R.O.W.); |
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THENCE, North 09°27' 55" West, along said easterly line a distance |
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of 6843.50 feet to a point of curvature; |
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THENCE, in a northwesterly direction, along said easterly line, |
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following a curve to the left with a central angle of 29°33'35", a |
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radius distance of 919.82 feet, a long chord bearing North 24°14'43" |
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West, 469.30 feet, and a total arc length of 474.55 feet to a point |
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for corner; |
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THENCE, North 81°03'40" East, a distance of 4420.01 feet to a point |
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for corner in the aforementioned westerly line of Garth Road; |
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THENCE, South 07°26' 25" East, along said westerly line a distance |
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of 4640.76 feet to a point for corner; |
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THENCE, South 82°33'35" West, a distance of 1002.24 feet to a point |
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for corner; |
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THENCE, South 04°15'35" West, a distance of 700.00 feet to a point |
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for corner; |
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THENCE, South 85°44'25" East, a distance of 1168.47 feet to a point |
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for corner in the aforementioned westerly line of Garth Road; |
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THENCE, South 07°26'25" East, along said westerly line, a distance |
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of 2043.92 feet to the POINT OF BEGINNING, and CONTAINING 697.0651 |
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acres (30,364,155 sq. ft.) of land in Harris County, Texas. |
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SAVE AND EXCEPT TRACT 1: |
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Being all of the 111.307-acre tract described in the deed to Compass |
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Bank recorded under Harris County Clerk's File Number 20110005202, |
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being more particularly described by metes and bounds as follows |
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(all bearings are based on the record bearings of the called 717.279 |
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acres as described in the deed to Garth-Wallisville, Limited, |
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recorded under Harris County Clerk's File Number D892853): |
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COMMENCING at a 1-inch iron pipe found in the west right-of-way line |
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of Garth Road (width varies), recorded under Harris County Clerk's |
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File Numbers D838008, W485307 and X600931 and in Volume 858, Page |
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333 of the Harris County Deed Records, marking the southeast corner |
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of the called 89.1 acres conveyed to George Hamman in Volume 1054, |
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Page 259 of the Harris County Deed Records, common with the |
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northeast corner of said called 717.279 acre tract and the |
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northeast corner of the called 25,000 square feet tract conveyed to |
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Charles Kipple, Trustee recorded under Harris County Clerk's File |
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Number H510278; |
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THENCE, South 07°26'25" East, along said west right-of-way line and |
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said Garth Road, at a distance of 100.00 feet, pass the southeast |
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corner of said called 25,000 square feet tract, at a distance of |
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2,035.56 feet, pass a 5/8-inch iron rod with plastic cap stamped |
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"Terra Surveying" set marking the northeast corner of the called |
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36.93 acre tract, conveyed to Costal Industrial Water Authority |
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recorded under Harris County Clerk's File Number D838008, at a |
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distance of 2,364.83 feet, pass a 5/8-inch iron rod found marking |
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the southeast corner of said called 36.93 acre tract, at a distance |
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of 4,640.76 feet pass the northeast corner of the called 5.0000 acre |
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tract, conveyed to Goose Creek Independent School District, |
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recorded under Harris County Clerk's File Number G873953, at a |
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distance of 4,853.40 feet, pass the southeast corner of said called |
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5.0000 acre tract common with the northeast corner of a called |
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15.0000 acre tract conveyed to Goose Creek Independent School |
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District, recorded under Harris County Clerk's File Number G812757, |
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at a distance of 5,563.16 feet pass the southeast corner of said |
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called 15.0000 acre tract, in all a total distance of 5,685.71 feet |
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to an angle corner in said west right-of-way line; |
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THENCE, North 85°44'25" West, continuing said west right-of-way |
|
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line, a distance of 10.27 feet, to an angle corner in said west |
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right-of-way line; |
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THENCE, South 07°26'25" East, continuing along said west |
|
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right-of-way line, a distance of 25.02 feet to 5/8-inch iron rod |
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with plastic cap stamped "Terra Surveying" set marking the |
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northeast corner and the POINT OF BEGINNING of the herein described |
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tract; |
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THENCE, South 07°26'25" East, continuing along said west |
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right-of-way line, a distance of 1,870.53 feet, to a 5/8-inch iron |
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rod with plastic cap stamped "Terra Surveying" set marking the |
|
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north end of the northwest right-of-way line cutback line at the |
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intersection of said Garth Road and Wallisville Road (width |
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varies), as described in the deeds recorded under Harris County |
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Clerk's File Numbers W485307, X715895 and X600931 and in Volume |
|
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311, Page 3 of the Harris County Map Records; |
|
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THENCE, South 36°32'16" West, along said northwest right-of-way |
|
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cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with |
|
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plastic cap stamped "Terra Surveying" set marking the south end of |
|
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said right-of-way cutback line; |
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THENCE, South 80°30'56" West, along the north right-of-way line of |
|
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said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron |
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rod with plastic cap stamped "Terra Surveying" set marking an angle |
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corner of the herein described tract; |
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THENCE, South 07°18'28" East, continuing along the said north |
|
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right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod |
|
|
with plastic cap stamped "Terra Surveying" set marking an angle |
|
|
corner of the herein described tract; |
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THENCE, South 80°22'16" West, continuing along said north |
|
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right-of-way line, a distance of 844.01 feet, to an "X" in concrete |
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found marking the southeast corner of a called 4.727 acre tract |
|
|
conveyed to Houston Lighting & Power Company in Volume 3018, Page 26 |
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of the Harris County Deed Records, common with an angle corner of |
|
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the herein described tract; |
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THENCE, North 09°36'02" West, along the east line of said called |
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4.727 acre tract, a distance of 498.68 feet, to a 5/8-inch iron rod |
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found marking the northeast corner of said called 4.727 acre tract |
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common with an interior corner of the herein described tract; |
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THENCE, South 80°23'58" West, along the north line of said called |
|
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4.727 acre tract, a distance of 473.58 feet, to a 5/8-inch rod found |
|
|
in the east line of a the 150-foot wide Houston Lighting & Power |
|
|
Company easement recorded in Volume 3021, Page 30 of the Harris |
|
|
County Deed Records, common with the east line of the 22-foot wide |
|
|
Houston Lighting & Power Company easement recorded in Volume 2809, |
|
|
Page 645 of the Harris County Deed Records, marking the northwest |
|
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corner of said called 4.727 acre tract common with an angle corner |
|
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of the herein described tract; |
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THENCE, North 23°29'12" West, along the east line of said 22-foot |
|
|
wide Houston Lighting and Power easement common with the east line |
|
|
of a said 150-foot Houston Lighting and Power easement, a distance |
|
|
of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped |
|
|
"Terra Surveying" set in the south line of the 20-foot wide Seagull |
|
|
Petrochemical Corporation pipeline easement recorded under Harris |
|
|
County Clerk's File Numbers M373402 and M645320 marking the |
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northwest corner of the herein described tract; |
|
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THENCE, North 66°30'50" East, along the south line of said 20-foot |
|
|
wide Seagull Petrochemical Corporation pipeline easement, a |
|
|
distance of 26.94 feet, to a 5/8-inch iron rod with plastic cap |
|
|
stamped "Terra Surveying" set marking an angle corner of the herein |
|
|
described tract; |
|
|
THENCE, North 79°53'08" East, continuing along said south line, a |
|
|
distance of 505.26 feet, to a 5/8-inch iron rod with plastic cap |
|
|
stamped "Terra Surveying" set marking an angle corner of the herein |
|
|
described tract; |
|
|
THENCE, South 85°44'33" East, continuing along said south line, a |
|
|
distance of 2,147.85 feet, to a 5/8-inch iron rod with plastic cap |
|
|
stamped "Terra Surveying" set marking an angle corner of the herein |
|
|
described tract; |
|
|
THENCE, North 85°52'33" East, continuing along said south line, a |
|
|
distance of 32.31 feet to the POINT OF BEGINNING and containing |
|
|
111.307 acres (4,848,534 square feet) of land. |
|
|
SAVE AND EXCEPT TRACT 2: |
|
|
Being all of the 13.860-acre tract described in the deed to Compass |
|
|
Bank recorded under Harris County Clerk's File Number 20110005202 |
|
|
and being more particularly described by metes and bounds as |
|
|
follows (all bearings are based on the record bearings of the called |
|
|
717.279 acres as described in the deed to Garth-Wallisville, |
|
|
Limited, recorded under Harris County Clerk's File Number D892853): |
|
|
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA |
|
|
SURVEYING" set marking the north end of the northwest right-of-way |
|
|
line cutback line at the intersection of Garth Road (width varies), |
|
|
recorded under Harris County Clerk's File Numbers D838008, W485307 |
|
|
and X600931 and in Volume 858, Page 333 of the Harris County Deed |
|
|
Records and Wallisville Road (width varies), as described in the |
|
|
deeds recorded under Harris County Clerk's File Numbers W485307, |
|
|
X715895 and X600931 and in Volume 311, Page 3 of the Harris County |
|
|
Map Records; |
|
|
THENCE, South 36°32'16" West, along said northwest right-of-way |
|
|
cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with |
|
|
plastic cap stamped "Terra Surveying" set marking the south end of |
|
|
said right-of-way cutback line; |
|
|
THENCE, South 80°30'56" West, along the north right-of-way line of |
|
|
said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron |
|
|
rod with plastic cap stamped "Terra Surveying" set marking an angle |
|
|
corner of the herein described tract; |
|
|
THENCE, South 07°18'28" East, continuing along the said north |
|
|
right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod |
|
|
with plastic cap stamped "Terra Surveying" set marking an angle |
|
|
corner of the herein described tract; |
|
|
THENCE, South 80°22'16" West, continuing along said north |
|
|
right-of-way line, a distance of 1,199.32 feet, to a 5/8-inch iron |
|
|
rod with plastic cap stamped "TERRA SURVEYING" set marking an angle |
|
|
corner in said north right-of-way line; |
|
|
THENCE, North 89°32'55" West, continuing along said north |
|
|
right-of-way line, a distance of 158.75 feet to the intersection of |
|
|
said north right-of-way line and the west line of the 150-foot wide |
|
|
Houston Lighting & Power Company easement recorded in Volume 3021, |
|
|
Page 30 of the Harris County Deed Records; |
|
|
THENCE, North 23°29'10" West, along said west line, a distance of |
|
|
403.68 feet to a 5/8-inch iron rod with plastic cap stamped "TERRA |
|
|
SURVEYING" set marking the intersection of said west line and the |
|
|
north line of the 50-foot wide Humble Oil and Refining Company |
|
|
easement recorded in Volume 5296, Page 354, of the Harris County |
|
|
Deed Records marking the south corner and POINT OF BEGINNING of the |
|
|
herein described tract; |
|
|
THENCE, North 57°51'55" West, along said north line, a distance of |
|
|
1,342.79 feet to a 5/8-inch iron rod with plastic cap stamped "S & V |
|
|
SURVEYING" found marking the west corner of the aforesaid 13.860 |
|
|
acre tract common with the west corner of the herein described |
|
|
tract; |
|
|
THENCE, North 51°01'12" East, along a northwesterly line of said |
|
|
13.860 acre tract, a distance of 651.92 feet to a 5/8-inch iron rod |
|
|
with plastic cap stamped "S & V SURVEYING" found marking an angle |
|
|
corner of said 13.860 acre tract common with an angle corner of the |
|
|
herein described tract; |
|
|
THENCE, North 23°29'12" West, along a westerly line of said 13.860 |
|
|
acre tract, a distance of 832.92 feet to a 5/8-inch iron rod with |
|
|
plastic cap stamped "S & V SURVEYING" found in the south line of the |
|
|
called 11.46 acre San Jacinto River Authority easement marking the |
|
|
northwest corner of said 13.860 acre tract common with the |
|
|
northwest corner of the herein described tract; |
|
|
THENCE, North 79°53'28" East, along said south line, a distance of |
|
|
133.63 feet to a 5/8-inch iron rod with plastic cap stamped "S & V |
|
|
SURVEYING" found marking the northeast corner of said 13.860 acre |
|
|
tract common with the intersection of said south line and the |
|
|
aforesaid west line of the 150-foot wide Houston Lighting & Power |
|
|
Company easement and the northeast corner of the herein described |
|
|
tract; |
|
|
THENCE, South 23°29'10" East, along said west line, a distance of |
|
|
2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres |
|
|
(603,742 square feet) of land. |
|
|
SECTION 4. Subtitle F, Title 6, Special District Local Laws |
|
|
Code, is amended by adding Chapter 8479 to read as follows: |
|
|
CHAPTER 8479. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-B |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 8479.001. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "Commission" means the Texas Commission on |
|
|
Environmental Quality. |
|
|
(3) "Director" means a board member. |
|
|
(4) "District" means the Harris County Municipal |
|
|
Utility District No. 213-B. |
|
|
Sec. 8479.002. NATURE OF DISTRICT. The district is a |
|
|
municipal utility district created under Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
Sec. 8479.003. CONFIRMATION AND DIRECTORS' ELECTION |
|
|
REQUIRED. The temporary directors shall hold an election to |
|
|
confirm the creation of the district and to elect five permanent |
|
|
directors as provided by Section 49.102, Water Code. |
|
|
Sec. 8479.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
|
temporary directors may not hold an election under Section 8479.003 |
|
|
until each municipality in whose corporate limits or |
|
|
extraterritorial jurisdiction the district is located has |
|
|
consented by ordinance or resolution to the creation of the |
|
|
district and to the inclusion of land in the district. |
|
|
Sec. 8479.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
|
|
The district is created to serve a public purpose and benefit. |
|
|
(b) The district is created to accomplish the purposes of: |
|
|
(1) a municipal utility district as provided by |
|
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
|
(2) Section 52, Article III, Texas Constitution, that |
|
|
relate to the construction, acquisition, improvement, operation, |
|
|
or maintenance of macadamized, graveled, or paved roads, or |
|
|
improvements, including storm drainage, in aid of those roads. |
|
|
Sec. 8479.006. INITIAL DISTRICT TERRITORY. (a) The |
|
|
district is initially composed of the territory described by |
|
|
Section 5 of the Act enacting this chapter. |
|
|
(b) The boundaries and field notes contained in Section 5 of |
|
|
the Act enacting this chapter form a closure. A mistake made in the |
|
|
field notes or in copying the field notes in the legislative process |
|
|
does not affect the district's: |
|
|
(1) organization, existence, or validity; |
|
|
(2) right to issue any type of bond for the purposes |
|
|
for which the district is created or to pay the principal of and |
|
|
interest on a bond; |
|
|
(3) right to impose a tax; or |
|
|
(4) legality or operation. |
|
|
Sec. 8479.007. ANNEXATION BY MUNICIPALITY. |
|
|
Notwithstanding any other law, if all of the territory of the |
|
|
district is annexed by a municipality into the corporate limits of |
|
|
that municipality before the date of the election under Section |
|
|
8479.003, the district may not be dissolved and shall continue |
|
|
until the district is dissolved under Section 43.074, Local |
|
|
Government Code. |
|
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
|
Sec. 8479.051. GOVERNING BODY; TERMS. (a) The district is |
|
|
governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 8479.052, directors serve |
|
|
staggered four-year terms. |
|
|
Sec. 8479.052. TEMPORARY DIRECTORS. (a) On or after |
|
|
September 1, 2013, the owner or owners of a majority of the assessed |
|
|
value of the real property in the district may submit a petition to |
|
|
the commission requesting that the commission appoint as temporary |
|
|
directors the five persons named in the petition. The commission |
|
|
shall appoint as temporary directors the five persons named in the |
|
|
petition. |
|
|
(b) Temporary directors serve until the earlier of: |
|
|
(1) the date permanent directors are elected under |
|
|
Section 8479.003; or |
|
|
(2) September 1, 2017. |
|
|
(c) If permanent directors have not been elected under |
|
|
Section 8479.003 and the terms of the temporary directors have |
|
|
expired, successor temporary directors shall be appointed or |
|
|
reappointed as provided by Subsection (d) to serve terms that |
|
|
expire on the earlier of: |
|
|
(1) the date permanent directors are elected under |
|
|
Section 8479.003; or |
|
|
(2) the fourth anniversary of the date of the |
|
|
appointment or reappointment. |
|
|
(d) If Subsection (c) applies, the owner or owners of a |
|
|
majority of the assessed value of the real property in the district |
|
|
may submit a petition to the commission requesting that the |
|
|
commission appoint as successor temporary directors the five |
|
|
persons named in the petition. The commission shall appoint as |
|
|
successor temporary directors the five persons named in the |
|
|
petition. |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 8479.101. GENERAL POWERS AND DUTIES. The district has |
|
|
the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 8479.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
|
|
DUTIES. The district has the powers and duties provided by the |
|
|
general law of this state, including Chapters 49 and 54, Water Code, |
|
|
applicable to municipal utility districts created under Section 59, |
|
|
Article XVI, Texas Constitution. |
|
|
Sec. 8479.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
|
52, Article III, Texas Constitution, the district may design, |
|
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
|
maintain, and convey to this state, a county, or a municipality for |
|
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
|
improvements, including storm drainage, in aid of those roads. |
|
|
Sec. 8479.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
|
project must meet all applicable construction standards, zoning and |
|
|
subdivision requirements, and regulations of each municipality in |
|
|
whose corporate limits or extraterritorial jurisdiction the road |
|
|
project is located. |
|
|
(b) If a road project is not located in the corporate limits |
|
|
or extraterritorial jurisdiction of a municipality, the road |
|
|
project must meet all applicable construction standards, |
|
|
subdivision requirements, and regulations of each county in which |
|
|
the road project is located. |
|
|
(c) If the state will maintain and operate the road, the |
|
|
Texas Transportation Commission must approve the plans and |
|
|
specifications of the road project. |
|
|
Sec. 8479.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
|
OR RESOLUTION. The district shall comply with all applicable |
|
|
requirements of any ordinance or resolution that is adopted under |
|
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
|
creation of the district or to the inclusion of land in the |
|
|
district. |
|
|
SUBCHAPTER D. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
|
|
Sec. 8479.151. DIVISION OF DISTRICT; PREREQUISITES. The |
|
|
district may be divided into two or more new districts only if the |
|
|
district: |
|
|
(1) has no outstanding bonded debt; and |
|
|
(2) is not imposing ad valorem taxes. |
|
|
Sec. 8479.152. LAW APPLICABLE TO NEW DISTRICT. This |
|
|
chapter applies to any new district created by division of the |
|
|
district, and a new district has all the powers and duties of the |
|
|
district. |
|
|
Sec. 8479.153. LIMITATION ON AREA OF NEW DISTRICT. A new |
|
|
district created by the division of the district may not, at the |
|
|
time the new district is created, contain any land outside the area |
|
|
described by Section 5 of the Act enacting this chapter. |
|
|
Sec. 8479.154. DIVISION PROCEDURES. (a) The board, on its |
|
|
own motion or on receipt of a petition signed by the owner or owners |
|
|
of a majority of the assessed value of the real property in the |
|
|
district, may adopt an order dividing the district. |
|
|
(b) The board may adopt an order dividing the district |
|
|
before or after the date the board holds an election under Section |
|
|
8479.003 to confirm the district's creation. |
|
|
(c) An order dividing the district must: |
|
|
(1) name each new district; |
|
|
(2) include the metes and bounds description of the |
|
|
territory of each new district; |
|
|
(3) appoint temporary directors for each new district; |
|
|
and |
|
|
(4) provide for the division of assets and liabilities |
|
|
between the new districts. |
|
|
(d) On or before the 30th day after the date of adoption of |
|
|
an order dividing the district, the district shall file the order |
|
|
with the commission and record the order in the real property |
|
|
records of each county in which the district is located. |
|
|
Sec. 8479.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
|
|
A new district created by the division of the district shall hold a |
|
|
confirmation and directors' election as required by Section |
|
|
8479.003. |
|
|
(b) If the creation of the new district is confirmed, the |
|
|
new district shall provide the election date and results to the |
|
|
commission. |
|
|
Sec. 8479.156. TAX OR BOND ELECTION. Before a new district |
|
|
created by the division of the district may impose a maintenance tax |
|
|
or issue bonds payable wholly or partly from ad valorem taxes, the |
|
|
new district must hold an election as required by this chapter to |
|
|
obtain voter approval. |
|
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 8479.201. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
|
|
district may issue, without an election, bonds and other |
|
|
obligations secured by: |
|
|
(1) revenue other than ad valorem taxes; or |
|
|
(2) contract payments described by Section 8479.203. |
|
|
(b) The district must hold an election in the manner |
|
|
provided by Chapters 49 and 54, Water Code, to obtain voter approval |
|
|
before the district may impose an ad valorem tax or issue bonds |
|
|
payable from ad valorem taxes. |
|
|
(c) The district may not issue bonds payable from ad valorem |
|
|
taxes to finance a road project unless the issuance is approved by a |
|
|
vote of a two-thirds majority of the district voters voting at an |
|
|
election held for that purpose. |
|
|
Sec. 8479.202. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 8479.201, the district |
|
|
may impose an operation and maintenance tax on taxable property in |
|
|
the district in accordance with Section 49.107, Water Code. |
|
|
(b) The board shall determine the tax rate. The rate may not |
|
|
exceed the rate approved at the election. |
|
|
Sec. 8479.203. CONTRACT TAXES. (a) In accordance with |
|
|
Section 49.108, Water Code, the district may impose a tax other than |
|
|
an operation and maintenance tax and use the revenue derived from |
|
|
the tax to make payments under a contract after the provisions of |
|
|
the contract have been approved by a majority of the district voters |
|
|
voting at an election held for that purpose. |
|
|
(b) A contract approved by the district voters may contain a |
|
|
provision stating that the contract may be modified or amended by |
|
|
the board without further voter approval. |
|
|
SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
|
|
Sec. 8479.251. AUTHORITY TO ISSUE BONDS AND OTHER |
|
|
OBLIGATIONS. The district may issue bonds or other obligations |
|
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
|
revenue, contract payments, grants, or other district money, or any |
|
|
combination of those sources, to pay for any authorized district |
|
|
purpose. |
|
|
Sec. 8479.252. TAXES FOR BONDS. At the time the district |
|
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
|
board shall provide for the annual imposition of a continuing |
|
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
|
or part of the bonds are outstanding. |
|
|
Sec. 8479.253. BONDS FOR ROAD PROJECTS. At the time of |
|
|
issuance, the total principal amount of bonds or other obligations |
|
|
issued or incurred to finance road projects and payable from ad |
|
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
|
real property in the district. |
|
|
SECTION 5. The Harris County Municipal Utility District |
|
|
No. 213-B initially includes all the territory contained in the |
|
|
following area: |
|
|
Tract 1 and Tract 2 collectively containing 125.167 acres |
|
|
(5,452,276 square feet) of land situated in the Talcott Patching |
|
|
Survey, Abstract Number 620, Harris County, Texas, and being all of |
|
|
the 111.307 acre tract and all of the 13.860 acre tract described in |
|
|
the deed to Compass Bank, recorded under Harris County Clerk's File |
|
|
Number 20110005202; said 125.167 acres being more particularly |
|
|
described in two tracts by metes and bounds as follows (all bearings |
|
|
are based on the record bearings of the called 717.279 acres as |
|
|
described in the deed to Garth-Wallisville, Limited, recorded under |
|
|
Harris County Clerk's File Number D892853): |
|
|
Tract 1: |
|
|
COMMENCING at a 1-inch iron pipe found in the west right-of-way line |
|
|
of Garth Road (width varies), recorded under Harris County Clerk's |
|
|
File Numbers D838008, W485307 and X600931 and in Volume 858, Page |
|
|
333 of the Harris County Deed Records, marking the southeast corner |
|
|
of the called 89.1 acres conveyed to George Hamman in Volume 1054, |
|
|
Page 259 of the Harris County Deed Records, common with the |
|
|
northeast corner of said called 717.279 acre tract and the |
|
|
northeast corner of the called 25,000 square feet tract conveyed to |
|
|
Charles Kipple, Trustee recorded under Harris County Clerk's File |
|
|
Number H510278; |
|
|
THENCE, South 07°26'25" East, along said west right-of-way line and |
|
|
said Garth Road, at a distance of 100.00 feet, pass the southeast |
|
|
corner of said called 25,000 square feet tract, at a distance of |
|
|
2,035.56 feet, pass a 5/8-inch iron rod with plastic cap stamped |
|
|
"Terra Surveying" set marking the northeast corner of the called |
|
|
36.93 acre tract, conveyed to Costal Industrial Water Authority |
|
|
recorded under Harris County Clerk's File Number D838008, at a |
|
|
distance of 2,364.83 feet, pass a 5/8-inch iron rod found marking |
|
|
the southeast corner of said called 36.93 acre tract, at a distance |
|
|
of 4,640.76 feet pass the northeast corner of the called 5.0000 acre |
|
|
tract, conveyed to Goose Creek Independent School District, |
|
|
recorded under Harris County Clerk's File Number G873953, at a |
|
|
distance of 4,853.40 feet, pass the southeast corner of said called |
|
|
5.0000 acre tract common with the northeast corner of a called |
|
|
15.0000 acre tract conveyed to Goose Creek Independent School |
|
|
District, recorded under Harris County Clerk's File Number G812757, |
|
|
at a distance of 5,563.16 feet pass the southeast corner of said |
|
|
called 15.0000 acre tract, in all a total distance of 5,685.71 feet |
|
|
to an angle corner in said west right-of-way line; |
|
|
THENCE, North 85°44'25" West, continuing said west right-of-way |
|
|
line, a distance of 10.27 feet, to an angle corner in said west |
|
|
right-of-way line; |
|
|
THENCE, South 07°26'25" East, continuing along said west |
|
|
right-of-way line, a distance of 25.02 feet to 5/8-inch iron rod |
|
|
with plastic cap stamped "Terra Surveying" set marking the |
|
|
northeast corner and the POINT OF BEGINNING of the herein described |
|
|
tract; |
|
|
THENCE, South 07°26'25" East, continuing along said west |
|
|
right-of-way line, a distance of 1,870.53 feet, to a 5/8-inch iron |
|
|
rod with plastic cap stamped "Terra Surveying" set marking the |
|
|
north end of the northwest right-of-way line cutback line at the |
|
|
intersection of said Garth Road and Wallisville Road (width |
|
|
varies), as described in the deeds recorded under Harris County |
|
|
Clerk's File Numbers W485307, X715895 and X600931 and in Volume |
|
|
311, Page 3 of the Harris County Map Records; |
|
|
THENCE, South 36°32'16" West, along said northwest right-of-way |
|
|
cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with |
|
|
plastic cap stamped "Terra Surveying" set marking the south end of |
|
|
said right-of-way cutback line; |
|
|
THENCE, South 80°30'56" West, along the north right-of-way line of |
|
|
said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron |
|
|
rod with plastic cap stamped "Terra Surveying" set marking an angle |
|
|
corner of the herein described tract; |
|
|
THENCE, South 07°18'28" East, continuing along the said north |
|
|
right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod |
|
|
with plastic cap stamped "Terra Surveying" set marking an angle |
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|
corner of the herein described tract; |
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THENCE, South 80°22'16" West, continuing along said north |
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|
right-of-way line, a distance of 844.01 feet, to an "X" in concrete |
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|
found marking the southeast corner of a called 4.727 acre tract |
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|
conveyed to Houston Lighting & Power Company in Volume 3018, Page 26 |
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|
of the Harris County Deed Records, common with an angle corner of |
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|
the herein described tract; |
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|
THENCE, North 09°36'02" West, along the east line of said called |
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|
4.727 acre tract, a distance of 498.68 feet, to a 5/8-inch iron rod |
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|
found marking the northeast corner of said called 4.727 acre tract |
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|
common with an interior corner of the herein described tract; |
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|
THENCE, South 80°23'58" West, along the north line of said called |
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|
4.727 acre tract, a distance of 473.58 feet, to a 5/8-inch rod found |
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|
in the east line of a the 150-foot wide Houston Lighting & Power |
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|
Company easement recorded in Volume 3021, Page 30 of the Harris |
|
|
County Deed Records, common with the east line of the 22-foot wide |
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|
Houston Lighting & Power Company easement recorded in Volume 2809, |
|
|
Page 645 of the Harris County Deed Records, marking the northwest |
|
|
corner of said called 4.727 acre tract common with an angle corner |
|
|
of the herein described tract; |
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|
THENCE, North 23°29'12" West, along the east line of said 22-foot |
|
|
wide Houston Lighting and Power easement common with the east line |
|
|
of a said 150-foot Houston Lighting and Power easement, a distance |
|
|
of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped |
|
|
"Terra Surveying" set in the south line of the 20-foot wide Seagull |
|
|
Petrochemical Corporation pipeline easement recorded under Harris |
|
|
County Clerk's File Numbers M373402 and M645320 marking the |
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|
northwest corner of the herein described tract; |
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|
THENCE, North 66°30'50" East, along the south line of said 20-foot |
|
|
wide Seagull Petrochemical Corporation pipeline easement, a |
|
|
distance of 26.94 feet, to a 5/8-inch iron rod with plastic cap |
|
|
stamped "Terra Surveying" set marking an angle corner of the herein |
|
|
described tract; |
|
|
THENCE, North 79°53'08" East, continuing along said south line, a |
|
|
distance of 505.26 feet, to a 5/8-inch iron rod with plastic cap |
|
|
stamped "Terra Surveying" set marking an angle corner of the herein |
|
|
described tract; |
|
|
THENCE, South 85°44'33" East, continuing along said south line, a |
|
|
distance of 2,147.85 feet, to a 5/8-inch iron rod with plastic cap |
|
|
stamped "Terra Surveying" set marking an angle corner of the herein |
|
|
described tract; |
|
|
THENCE, North 85°52'33" East, continuing along said south line, a |
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|
distance of 32.31 feet to the POINT OF BEGINNING and containing |
|
|
111.307 acres (4,848,534 square feet) of land. |
|
|
Tract 2: |
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|
COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA |
|
|
SURVEYING" set marking the north end of the northwest right-of-way |
|
|
line cutback line at the intersection of Garth Road (width varies), |
|
|
recorded under Harris County Clerk's File Numbers D838008, W485307 |
|
|
and X600931 and in Volume 858, Page 333 of the Harris County Deed |
|
|
Records and Wallisville Road (width varies), as described in the |
|
|
deeds recorded under Harris County Clerk's File Numbers W485307, |
|
|
X715895 and X600931 and in Volume 311, Page 3 of the Harris County |
|
|
Map Records; |
|
|
THENCE, South 36°32'16" West, along said northwest right-of-way |
|
|
cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with |
|
|
plastic cap stamped "Terra Surveying" set marking the south end of |
|
|
said right-of-way cutback line; |
|
|
THENCE, South 80°30'56" West, along the north right-of-way line of |
|
|
said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron |
|
|
rod with plastic cap stamped "Terra Surveying" set marking an angle |
|
|
corner of the herein described tract; |
|
|
THENCE, South 07°18'28" East, continuing along the said north |
|
|
right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod |
|
|
with plastic cap stamped "Terra Surveying" set marking an angle |
|
|
corner of the herein described tract; |
|
|
THENCE, South 80°22'16" West, continuing along said north |
|
|
right-of-way line, a distance of 1,199.32 feet, to a 5/8-inch iron |
|
|
rod with plastic cap stamped "TERRA SURVEYING" set marking an angle |
|
|
corner in said north right-of-way line; |
|
|
THENCE, North 89°32'55" West, continuing along said north |
|
|
right-of-way line, a distance of 158.75 feet to the intersection of |
|
|
said north right-of-way line and the west line of the 150-foot wide |
|
|
Houston Lighting & Power Company easement recorded in Volume 3021, |
|
|
Page 30 of the Harris County Deed Records; |
|
|
THENCE, North 23°29'10" West, along said west line, a distance of |
|
|
403.68 feet to a 5/8-inch iron rod with plastic cap stamped "TERRA |
|
|
SURVEYING" set marking the intersection of said west line and the |
|
|
north line of the 50-foot wide Humble Oil and Refining Company |
|
|
easement recorded in Volume 5296, Page 354, of the Harris County |
|
|
Deed Records marking the south corner and POINT OF BEGINNING of the |
|
|
herein described tract; |
|
|
THENCE, North 57°51'55" West, along said north line, a distance of |
|
|
1,342.79 feet to a 5/8-inch iron rod with plastic cap stamped "S & V |
|
|
SURVEYING" found marking the west corner of the aforesaid 13.860 |
|
|
acre tract common with the west corner of the herein described |
|
|
tract; |
|
|
THENCE, North 51°01'12" East, along a northwesterly line of said |
|
|
13.860 acre tract, a distance of 651.92 feet to a 5/8-inch iron rod |
|
|
with plastic cap stamped "S & V SURVEYING" found marking an angle |
|
|
corner of said 13.860 acre tract common with an angle corner of the |
|
|
herein described tract; |
|
|
THENCE, North 23°29'12" West, along a westerly line of said 13.860 |
|
|
acre tract, a distance of 832.92 feet to a 5/8-inch iron rod with |
|
|
plastic cap stamped "S & V SURVEYING" found in the south line of the |
|
|
called 11.46 acre San Jacinto River Authority easement marking the |
|
|
northwest corner of said 13.860 acre tract common with the |
|
|
northwest corner of the herein described tract; |
|
|
THENCE, North 79°53'28" East, along said south line, a distance of |
|
|
133.63 feet to a 5/8-inch iron rod with plastic cap stamped "S & V |
|
|
SURVEYING" found marking the northeast corner of said 13.860 acre |
|
|
tract common with the intersection of said south line and the |
|
|
aforesaid west line of the 150-foot wide Houston Lighting & Power |
|
|
Company easement and the northeast corner of the herein described |
|
|
tract; |
|
|
THENCE, South 23°29'10" East, along said west line, a distance of |
|
|
2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres |
|
|
(603,742 square feet) of land. |
|
|
SECTION 6. (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 7. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8478, Special District Local Laws Code, as added by Section 2 of |
|
|
this Act, is amended by adding Section 8478.106 to read as follows: |
|
|
Sec. 8478.106. 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 8. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8479, Special District Local Laws Code, as added by Section 4 of |
|
|
this Act, is amended by adding Section 8479.106 to read as follows: |
|
|
Sec. 8479.106. 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 9. This Act takes effect September 1, 2013. |