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AN ACT
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relating to the creation of a defined area in the Fort Bend County |
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Water Control and Improvement District No. 2; providing authority |
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to issue bonds; providing authority to impose assessments, fees, |
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and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 312, Acts of the 57th Legislature, |
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Regular Session, 1961, is amended by adding Sections 9 through 22 to |
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read as follows: |
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Sec. 9. DEFINED AREA: CREATION OF DEFINED AREA; |
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DESIGNATION. (a) A defined area is created in the district. |
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(b) The defined area is designated to pay for improvements, |
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facilities, or services that primarily benefit the defined area and |
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do not generally benefit the district as a whole. |
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Sec. 10. DEFINED AREA: INITIAL TERRITORY. (a) The defined |
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area is initially composed of the territory described by Section 2 |
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of the Act enacting this section. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this section 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: |
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(1) the defined area's organization, existence, or |
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validity; |
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(2) the district's right to issue any type of bond or |
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obligation for the purposes for which the defined area is |
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designated, including to pay the principal of and interest on a |
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bond; |
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(3) the district's right to impose or collect a tax in |
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the defined area; or |
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(4) the legality or operation of the defined area or |
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the district. |
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Sec. 11. DEFINED AREA: EXCLUSION OF LAND. Subject to the |
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City of Stafford providing written consent by ordinance or |
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resolution, the district may exclude land from the defined area in |
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the same manner as the district may exclude land from the district. |
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Sec. 12. DEFINED AREA: PROCEDURE FOR ELECTION. (a) Before |
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the district may impose an ad valorem tax or issue bonds payable |
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from ad valorem taxes of the defined area described by Section 9, |
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the governing body of the district shall call and hold an election |
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in the defined area only. |
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(b) The governing body of the district may submit the |
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proposition to the voters on the same ballot to be used in another |
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election. |
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Sec. 13. DEFINED AREA: TAXES FOR SERVICES, IMPROVEMENTS, |
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AND FACILITIES. On approval of the qualified voters in the defined |
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area, the district may apply separately, differently, equitably, |
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and specifically its taxing power and lien authority to the defined |
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area to provide money to construct, administer, maintain, and |
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operate services, improvements, and facilities that primarily |
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benefit the defined area. |
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Sec. 14. DEFINED AREA: ISSUANCE OF BONDS. On approval of |
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the qualified voters in the defined area, the district may issue |
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bonds to provide for any land, improvements, facilities, plants, |
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equipment, and appliances for the defined area. |
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Sec. 15. DEFINED AREA: POWERS AND DUTIES. (a) For the |
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benefit of the defined area, the district has the powers and duties |
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provided by the general law of this state necessary to accomplish |
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the purposes of: |
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(1) Section 59, Article XVI, Texas Constitution; |
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(2) Section 52, Article III, Texas Constitution, |
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applicable to the construction, acquisition, improvement, |
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operation, or maintenance of macadamized, graveled, or paved roads, |
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or improvements, including storm drainage, in aid of those roads; |
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and |
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(3) except as provided by this chapter, Chapters 49 |
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and 51, Water Code, applicable to water control and improvement |
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districts created under Section 59, Article XVI, Texas |
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Constitution. |
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(b) Except as provided by Subsection (c), the governing body |
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of the district shall administer the defined area as provided by |
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Chapter 51, Water Code. |
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(c) Sections 51.518, 51.519, 51.520, 51.521, 51.522, |
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51.523, 51.524, 51.526, 51.527, 51.528, and 51.529, Water Code, do |
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not apply to the district. |
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Sec. 16. DEFINED AREA: AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, for the benefit of the |
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defined area, the district may design, acquire, construct, finance, |
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issue bonds for, improve, operate, maintain, and convey to this |
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state, a county, or a municipality for operation and maintenance |
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macadamized, graveled, or paved roads, or improvements, including |
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storm drainage, in aid of those roads, including roads located |
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outside the boundaries of the defined area that benefit the defined |
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area. |
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Sec. 17. DEFINED AREA: ROAD STANDARDS AND REQUIREMENTS. A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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Sec. 18. DEFINED AREA: IMPROVEMENT PROJECTS AND SERVICES. |
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For the benefit of the defined area, the district may provide, |
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design, construct, acquire, improve, relocate, operate, maintain, |
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or finance an improvement project or service using any money |
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available to the district, or contract with a governmental or |
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private entity to provide, design, construct, acquire, improve, |
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relocate, operate, maintain, or finance an improvement project or |
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service authorized under this chapter. |
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Sec. 19. DEFINED AREA: ELECTIONS REGARDING TAXES AND |
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BONDS. (a) For the benefit of the defined area, the district may |
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issue, without an election, bonds, notes, and other obligations |
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secured by revenue other than ad valorem taxes. |
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(b) The district must hold an election in the defined area |
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to obtain approval of the qualified voters of the defined area |
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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 in the defined area. |
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(c) An election under this section does not require that an |
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election be held in the part of the district located outside the |
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defined area. |
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(d) All or any part of any facilities or improvements that |
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may be acquired by a district by the issuance of its bonds may be |
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submitted as a single proposition or as several propositions to be |
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voted on at the election. |
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Sec. 20. DEFINED AREA: OPERATION AND MAINTENANCE TAX. |
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(a) If authorized by a majority of the voters in the defined area |
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voting at an election held in accordance with Section 19, the |
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district may impose an operation and maintenance tax on taxable |
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property in the defined area in accordance with Section 49.107, |
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Water Code, for any district purpose, including to: |
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(1) maintain and operate the defined area; |
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(2) construct or acquire improvements; or |
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(3) provide a service. |
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(b) The governing body of the district shall determine the |
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tax rate. The rate may not exceed the rate approved at the |
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election. |
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(c) Section 49.107(h), Water Code, does not apply to the |
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district. |
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Sec. 21. DEFINED AREA: AUTHORITY TO BORROW MONEY AND TO |
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ISSUE BONDS AND OTHER OBLIGATIONS. (a) For the benefit of the |
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defined area, the district may borrow money on terms determined by |
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the governing body of the district. |
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(b) The district may issue bonds, notes, or other |
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obligations payable wholly or partly from ad valorem taxes, impact |
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fees, revenue, grants, or other district money, or any combination |
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of those sources of money from the defined area, to pay for any |
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authorized district purpose. |
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(c) The limitation on the outstanding principal amount of |
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bonds, notes, and other obligations provided by Section 49.4645, |
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Water Code, does not apply to the district. |
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(d) The district must obtain approval from the Texas |
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Commission on Environmental Quality as provided by Chapter 49, |
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Water Code, before the district issues bonds to provide water, |
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sewer, or drainage facilities for the benefit of the defined area. |
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Sec. 22. DEFINED AREA: TAXES FOR BONDS. At the time the |
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district issues bonds payable wholly or partly from ad valorem |
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taxes from the defined area, the governing body of the district |
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shall provide for the annual imposition of a continuing direct |
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annual ad valorem tax, without limit as to rate or amount, for each |
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year that all or part of the bonds are outstanding as required and |
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in the manner provided by Sections 51.433 and 51.436, Water Code. |
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SECTION 2. The defined area of the Fort Bend County Water |
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Control and Improvement District No. 2 initially includes all |
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territory contained in the following area: |
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SITUATED in the City of Stafford, Texas and in the Thomas J. |
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Nichols Survey, Abstract No. 296 and the James Alston Survey, |
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Abstract No. 101 of Fort Bend County, Texas and being all of RESERVE |
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A and RESERVE B of TEXAS INSTRUMENTS, an addition to the City of |
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Stafford, according to the Final Plat thereof, recorded under Plat |
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No. 20130165 of the Plat Records of Fort Bend County, Texas and said |
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RESERVE A being part of that certain called 193.3692 acre tract of |
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land described as "Tract No. 1" in a deed recorded in Volume 450, |
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Page 467 of the Deed Records of Fort Bend County, Texas (DRFBCT) and |
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part of that certain called 9.2730 acre tract of land described as |
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"Tract A" and also part of that certain called 15.2574 acre tract of |
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land described as "Tract B" in a deed recorded in Volume 460, Page |
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202, DRFBCT and RESERVE B being part of that certain called 7.6923 |
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acre tract of land described as "Tract No. 2" in the above described |
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deed recorded in Volume 450, Page 467, DRFBCT and also included is |
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all of that 35 foot strip of land lying between RESERVE A and |
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RESERVE B as described in a deed to Texas Instruments Incorporated, |
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recorded in Volume 561, Page 201, DRFBCT and the consolidation of |
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these three tract of land being more particularly described by |
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metes & bounds as follows: |
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BEGINNING at a 1/2" iron pipe found for the southeast corner |
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of said RESERVE A, on the west right-of-way line of Murphy Road |
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(120' R.O.W.) and said point also being the northeast corner of |
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Greenbrier Southwest Subdivision Section 4 as recorded in Volume |
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23, Page 24 of the Plat Records of Fort Bend County, Texas (PRFBCT) |
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said point also being on the south line of the above referenced |
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15.2574 acre tract; |
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THENCE: South 89 deg. 50 min. 48 sec. West (Reference |
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Bearing), along the south line of said RESERVE A and the above |
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described 15.2574 acre tract and along the north line of said |
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Greenbriar Southwest Subdivision Section 4 as well as the north |
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lines of Greenbrier Southwest Subdivision Section 3, recorded in |
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Volume 22, Page 23, PRFBCT; Greenbrier Southwest Subdivision |
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Section 2, recorded in Volume 11, Page 14, PRFBCT and Greenbrier |
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Southwest Subdivision Section 1, recorded in Volume 9, Page 9, |
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PRFBCT, a distance of 4,779.75 feet to a 1/2" iron pipe found for |
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the most southerly southwest corner of the above described RESERVE |
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A and said point being in the east right-of-way line of Kirkwood |
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Road (variable width R.O.W.) said point also being in a curve having |
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a radius of 1,349.40 feet and a chord that bears North 12 deg. 06 |
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min. 47 sec. West - 401.17 feet; |
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THENCE: In a northerly direction along the east line of said |
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Kirkwood Road and with said curve to the left, through a total |
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central angle of 17 deg. 05 min. 50 sec., at an arc distance of |
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304.42 feet, passing a 1/2 inch iron rod, topped with a red plastic |
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cap stamped "RPLS 4701", found for the most westerly southwest |
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corner of said RESERVE A and the southeast corner of the above |
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described 35 foot strip of land and continuing along said curve to |
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the left for a total arc distance of 402.66 feet to a point for |
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corner at the end of said curve; |
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THENCE: North 21 deg. 32 min. 05 sec. West, continuing along |
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the east right-of-way line of said Kirkwood Road, at 10.78 feet, |
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passing a 3/4 inch iron rod found for the southwest corner of said |
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35 foot strip of land and the most southerly corner of the above |
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described RESERVE B and continuing on for a total distance 387.89 |
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feet 3/4 inch iron rod found for corner on the southeast |
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right-of-way line of U.S. Highway 59; |
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THENCE: North 19 deg. 54 min. 57 sec. East, along the |
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southeast right-of-way line of said U. S. Highway 59, a distance of |
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58.89 feet to a 3/4 inch iron rod found for corner; |
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THENCE: North 43 deg. 59 min. 43 sec. East, continuing along |
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the southeast right-of-way line of said U.S. Highway 59, a distance |
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of 168.94 feet to a 3/4 inch iron rod found for the northerly corner |
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of said RESERVE B and same being the northwest corner of said 35 |
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foot strip of land; |
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THENCE: North 43 deg. 59 min. 43 sec. East, continuing along |
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the southeast right-of-way line of said U.S. Highway 59 and across |
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said 35 foot strip of land, a distance of 50.34 feet to a 3/4 inch |
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iron rod found for the northeast corner of said 35 foot strip of |
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land and the most westerly northwest corner of said RESERVE A; |
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THENCE: in a northeasterly direction with the common line of |
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said RESERVE A and said U.S. Highway 59 as follows: |
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North 44 deg. 17 min. 43 sec. East, a distance of 15.54 |
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feet to a 3/4 inch iron rod found for corner; |
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North 45 deg. 24 min. 47 sec. East, a distance of 400.27 |
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feet to a 3/4 inch iron rod found for corner; |
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North 43 deg. 57 min. 06 sec. East, a distance of |
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1,149.58 feet to a 3/4 inch iron rod found for corner; |
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North 47 deg. 35 min. 26 sec. East, a distance of 390.48 |
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feet to a aluminum right-of-way monument found for corner; |
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North 44 deg. 03 min. 15 sec. East, a distance of 160.95 |
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feet to a 3/4 inch iron rod found for corner; |
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North 88 deg. 51 min. 59 sec. East, a distance of 42.50 |
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feet to a 3/4 inch iron rod found for corner; |
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South 46 deg. 06 min. 09 sec. East, a distance of 102.61 |
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feet to a aluminum right-of-way monument found for corner; |
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South 52 deg. 58 min. 30 sec. East, a distance of 59.54 |
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feet to a 3/4 inch iron rod found for corner; |
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South 52 deg. 31 min. 08 sec. East, a distance of 21.27 |
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feet to a 5/8 inch iron rod found for corner in the south |
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right-of-way line of Airport Boulevard (100' R.O.W.) said |
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point also being in a curve to the left, having a radius of |
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2,914.79 feet and a chord that bears South 68 deg. 05 min. 46 |
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sec. East - 2,190.07 feet; |
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THENCE: in a southeasterly direction with the northern line |
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of said RESERVE A and the south right-of-way line of said Airport |
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Boulevard, with said curve to the left, through a central angle of |
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44 deg. 07 min. 59 sec. and along an arc distance of 2,245.17 feet to |
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a 1/2" iron pipe found for corner at the end of said curve; |
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THENCE: North 89 deg. 49 min. 22 sec. East, continuing along |
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the common line of said RESERVE A and Airport Boulevard, a distance |
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of 1,125.05 feet to a 1/2 inch iron rod found for the northeast |
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corner of said RESERVE A on the west right-of-way line of Murphy |
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Road said point also being in a curve to the right, having a radius |
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of 22,858.33 feet and a chord that bears South 00 deg. 15 min. 52 |
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sec. East - 136.21 feet; |
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THENCE: in a southerly direction, with the east line of said |
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RESERVE A and the west right-of-way line of said Murphy Road, along |
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said curve to the right, through a central angle of 00 deg. 20 min. |
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29 sec. and along an arc distance of 136.21 feet to a 1/2 inch iron |
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rod found for corner at the end of said curve; |
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THENCE: South 00 deg. 03 min. 31 sec. East, continuing along |
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the common line of said RESERVE A and Murphy Road, a distance of |
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1,383.31 feet to the POINT OF BEGINNING and containing 8,373,627 |
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square feet or 192.232 acres of land. |
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SECTION 3. The Fort Bend County Water Control and |
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Improvement District No. 2 retains all the rights, powers, |
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privileges, authority, duties, and functions that it had before the |
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effective date of this Act. |
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SECTION 4. (a) The legislature validates and confirms all |
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acts and proceedings of the Fort Bend County Water Control and |
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Improvement District No. 2 that were taken before the effective |
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date of this Act. |
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(b) Subsection (a) of this section does not apply to any |
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matter that on the effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court; or |
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(2) has been held invalid by a final judgment of a |
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court. |
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SECTION 5. (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 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4174 was passed by the House on May |
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15, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4174 was passed by the Senate on May |
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26, 2015, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |