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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 Montgomery County Municipal Utility |
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District No. 145; 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 8498 to read as follows: |
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CHAPTER 8498. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 145 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8498.001. 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 Montgomery County Municipal |
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Utility District No. 145. |
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Sec. 8498.002. 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. 8498.003. 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. 8498.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8498.003 |
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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. 8498.005. 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. 8498.006. 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. 8498.051. 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 8498.052, directors serve |
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staggered four-year terms. |
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Sec. 8498.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2015, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8498.003; or |
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(2) September 1, 2019. |
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(c) If permanent directors have not been elected under |
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Section 8498.003 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 8498.003; 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. 8498.101. 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. 8498.102. 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. 8498.103. 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. 8498.104. 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. 8498.105. 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. 8498.151. 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 8498.153. |
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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. 8498.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8498.151, 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. 8498.153. 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. 8498.201. 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. 8498.202. 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. 8498.203. 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 Montgomery County Municipal Utility District |
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No. 145 initially includes all the territory contained in the |
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following area: |
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BEING 265.772 ACRES OF LAND IN THE THOMAS P. DAVY SURVEY, A-162 AND |
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THE BENNETT BLAKE SURVEY, A-4 MONTGOMERY COUNTY, TEXAS, SAID |
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265.772 ACRES BEING OUT OF THE WILLIS-WAUKEGAN, LTD. 583.12 ACRE |
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TRACT OF LAND, DEED OF WHICH IS RECORDED UNDER COUNTY CLERKS' FILE |
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NUMBER 2004-095061, MONTGOMERY COUNTY REAL PROPERTY RECORDS, SAID |
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265.772 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: |
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BEGINNING at the West corner of the above mentioned 583.12 |
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acre tract of land and the South corner of the Duane T. Corley, |
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Trustee 200.00 acre tract of land, deed of which is recorded under |
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County Clerks' File Number 2004-094357, Montgomery County Real |
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Property Records, for the West corner of the herein described tract |
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of land; |
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THENCE N. 57° 34' 10" E., along the Northwest line of said |
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583.12 acre tract of land and the Southeast line of the above |
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mentioned 200.00 acre tract of land for a distance of 2,401.60 feet |
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to the West corner of the Foroutan Amini and Michele Rodgers-Amini |
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74.119 acre tract of land, deed of which is recorded under County |
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Clerks' File Number 2009-010950, Montgomery County Real Property |
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Records, for the North corner of the herein described tract of land; |
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THENCE S. 32° 25' 50" E., leaving said Northwest and Southeast |
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line, along the Southwest line of the above mentioned 74.119 acre |
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tract of land and across said 583.12 acre tract of land for a |
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distance of 920.00 feet to the South corner of said 74.119 acre |
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tract of land for an inside corner of the herein described tract of |
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land; |
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THENCE N. 57° 34' 10" E., continuing across said 583.12 acre |
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tract of land and along the Southeast line of said 74.119 acre tract |
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of land for a distance of 3,490.97 feet to the West line of |
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Willis-Waukegan Road at the East corner of said 74.119 acre tract of |
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land for the North corner of the herein described tract of land; |
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THENCE S. 32° 26' 09" E., leaving the above mentioned |
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Southeast line for a distance of 194.13 feet to a corner of the |
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herein described tract of land; |
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THENCE along the East line of said 583.12 acre tract of land |
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and the West line of the above mentioned Willis-Waukegan Road the |
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following calls to a corner of the herein described tract of land; |
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1) S. 25° 13' 00" E., for a distance of 275.54 feet; |
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2) S. 23° 20' 51" E., for a distance of 236.97 feet; |
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3) S. 18° 07' 26" E., for a distance of 153.41 feet to the |
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North corner of the Raul Rodriguez 55.955 acre tract of land, deed |
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of which is recorded under County Clerks' File Number 2009-008448, |
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Montgomery County Real Property Records; |
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THENCE S. 66° 39' 09" W., leaving said East and West line, |
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across said 583.12 acre tract of land and along the North line of |
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the above mentioned Rodriguez tract of land, for a distance of |
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1,185.46 feet to the beginning of a curve to the left for a corner of |
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the herein described tract of land; |
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THENCE in a Southwesterly direction, continuing across said |
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583.12 acre tract of land and along said Rodriguez North line and |
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said curve to the left having a radius of 270.00 feet, a central |
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angle of 09° 06' 30", for an arc length of 42.92 feet, chord bears S. |
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61° 47' 43" W., 42.88 feet to the end of curve for a corner of the |
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herein described tract of land; |
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THENCE S. 57° 21' 09" W., continuing across said 583.12 acre |
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tract of land and along said Rodriguez North line for a distance of |
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1,457.60 feet to the West corner of said 55.955 acre tract of land |
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for an inside corner of the herein described tract of land; |
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THENCE S. 32° 26' 40" E., continuing across said 583.12 acre |
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tract of land and along the Northwest line of said Rodriguez tract |
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of land for a distance of 70.00 feet to the North corner of the Raul |
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Rodriguez and Wife Bernardina Rodriguez, 73.07 acre of land, deed |
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of which is recorded under County Clerks' File Number 2011-041469, |
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Montgomery County Real Property Records, for a corner of the herein |
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described tract of land; |
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THENCE S. 57° 21' 07" W., continuing across said 583.12 acre |
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tract of land and along the North line of the above mentioned 73.07 |
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acre tract of land for a distance of 1,061.01 feet to its' Northwest |
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corner for an inside corner of the herein described tract of land; |
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THENCE S. 06° 51' 06" W., continuing across said 583.12 acre |
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tract of land and along the West line of said 73.07 acre tract of |
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land for a distance of 1,521.50 feet to its' West corner for an |
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inside corner of the herein described tract of land; |
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THENCE S. 59° 33' 43" E., continuing across said 583.12 acre |
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tract of land and along the Southwest line of said 73.07 acre tract |
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of land for a distance of 1,541.82 feet to a corner of the herein |
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described tract of land; |
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THENCE continuing across said 583.12 acre tract of land and |
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along the South and West lines of said 73.07 acre tract of land the |
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following calls to a corner of the herein described tract of land; |
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1) S. 81° 41' 54" E., for a distance of 65.14 feet; |
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2) S. 13° 37' 01" E., for a distance of 27.17 feet; |
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3) S. 18° 13' 47" W, for a distance of 16.81 feet; |
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4) S. 33° 00' 05" W, for a distance of 78.46 feet; |
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5) S. 18° 02' 43" W, for a distance of 31.61 feet; |
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6) S. 03° 01' 00" W, for a distance of 33.62 feet; |
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7) S. 55° 16' 32" E., for a distance of 12.71 feet; |
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8) N. 83° 10' 28" E., for a distance of 24.02 feet; |
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9) N. 69° 31' 40" E., for a distance of 50.14 feet; |
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10) 73° 39' 10" E., for a distance of 10.05 feet to the |
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Southeast corner of said 73.07 acre tract of land on the West line |
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of the Richard Koch 104.129 acre tract of land, deed of which is |
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recorded under County Clerks' File Number 2009-006656, Montgomery |
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County Real Property Records, for a corner of the herein described |
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tract of land; |
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THENCE S. 03° 52' 35" W., continuing across said 583.12 acre |
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tract of land and along the West line of the above mentioned 104.129 |
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acre tract of land for a distance of 759.90 feet to the Northwest |
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line of the Maurice Hoffman 25.770 acre tract of land, deed of which |
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is recorded under County Clerks' File Number 9325516, Montgomery |
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County Real Property Records on the Southeast line of said 583.12 |
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acre tract of land for the Southeasterly corner of the herein |
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described tract of land; |
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THENCE S. 57° 37' 47" W., along the above mentioned Northwest |
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and Southeast line for a distance of 1,333.78 feet to the South |
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corner of said 583.12 acre tract of land for the Southwest corner of |
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the herein described tract of land; |
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THENCE N. 32° 26' 50" W., along the Southwest line of said |
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583.12 acre tract of land for a distance of 5,019.25 feet to the |
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POINT OF BEGINNING and containing in all 265.772 acres of land. |
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This description is based upon an exhibit as prepared by |
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Jeffrey Moon and Associates, Inc., dated October 17, 2014. Bearings |
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are based upon the West line of the 583.12 acre tract of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8498, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8498.106 to read as follows: |
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Sec. 8498.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect September 1, 2015. |
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