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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 Trinity Lakes Municipal Utility |
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District of Montgomery County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose 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 7971 to read as follows: |
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CHAPTER 7971. TRINITY LAKES MUNICIPAL UTILITY DISTRICT OF |
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MONTGOMERY COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7971.001. 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 Trinity Lakes Municipal |
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Utility District of Montgomery County. |
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Sec. 7971.002. 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. 7971.003. 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. 7971.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7971.003 |
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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. 7971.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7971.006. 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. 7971.051. 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 7971.052, directors serve |
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staggered four-year terms. |
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Sec. 7971.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2017, 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 7971.003; or |
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(2) September 1, 2021. |
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(c) If permanent directors have not been elected under |
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Section 7971.003 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 7971.003; 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. 7971.101. 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. 7971.102. 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. 7971.103. 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. 7971.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7971.105. 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. 7971.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7971.153. |
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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. 7971.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7971.151, 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. 7971.153. 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. 7971.201. 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. 7971.202. 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. 7971.203. 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 Trinity Lakes Municipal Utility District of |
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Montgomery County initially includes all the territory contained in |
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the following area: |
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BEING 93.40 acres (4,068,654 square feet) of land, all of the |
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Remainder of a called 48.935 acres, conveyed to David Randall and |
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Sandy Randall, by deed recorded under County Clerk's File Number |
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(C.F.) 2006-032388 Official Public Records of Montgomery County, |
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Texas (O.P.R. M.C.T.) and all of a called 41.296 acres, conveyed to |
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HB American Group, Inc., by deed recorded under C.F. 2016019830 |
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O.P.R. M.C.T. and part of FM 2432, 100' Public right-of-way |
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(R.O.W.) lying adjacent to said Remainder and 41.296 acres, said |
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93.40 acre tract lying in the G.W. Lonis Survey, Abstract 313, |
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Ranson Tillons Survey, Abstract 580, Henry Alston Survey, Abstract |
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59, William Hobdy Survey, Abstract 285, John Wilkerson Survey, |
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Abstract 630 and the Jacob Eberly Survey, Abstract 196 and being |
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more particularly described by metes and bounds as follows: |
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BEGINNING at a found 1/2 inch iron pipe with Texas State Plane |
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Coordinates, Texas Central NAD 83, Northing 10146503.586, Easting |
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3840038.421, in the north right-of-way (R.O.W.) of FM 2432, 100' |
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Public R.O.W., marking the common corner of Lots 45 and 46, Block 4, |
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Texas National, Section 5, recorded under Cabinet B, Sheet 117 Map |
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Records of Montgomery County, Texas (M.R. M.C.T.), also being the |
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southeast corner of said Remainder and the herein described tract; |
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THENCE along a curve to the right and said north R.O.W., having a |
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radius of 2,898.08 feet, a delta angle of 13° 16' 47", and whose long |
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chord bears South 60°59'41" West a distance of 670.20 feet to a point |
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of curvature of the herein described tract; |
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THENCE along a curve to the right and said north R.O.W., having a |
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radius of 3,808.23 feet, a delta angle of 03° 10' 00", and whose long |
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chord bears South 52°49'16" West a distance of 210.45 feet to a |
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concrete monument, marking a point of tangency of the herein |
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described tract; |
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THENCE South 50°40'39" West, along said north R.O.W., a distance of |
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133.24 feet to a point for corner, marking the east corner of the |
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herein described tract; |
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THENCE South 40°10'22" West, over and across said R.O.W., a distance |
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of 100.00 feet to a found 1/2 inch iron rod, marking the most |
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northerly corner of a cut-back, from which a TX-DOT Disk bears South |
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46°51'32" East, a distance of 8.68 feet; |
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THENCE South 03°17'08" East, along said cut-back, a distance of |
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12.46 feet to a set 5/8 inch iron rod with cap "Landpoint 10194172" |
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in the northwest R.O.W. of Seven Coves Road, public R.O.W. varies, |
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marking the most southerly corner of said cut-back; |
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THENCE South 40°31'14" West, along said northwest R.O.W., a distance |
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of 593.57 feet (called 596.05') to a TX-DOT Disk, marking the |
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southeast corner of a called 15.5382 acres, conveyed to Wes |
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Schubert and Spouse Stephanie Schubert, by deed recorded C.F. |
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2012085128 O.P.R. M.C.T., from which a TX-DOT Disk, bears North |
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69°55'16" East, a distance of 0.56 feet; |
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THENCE North 03°28'49" West, along the east line of said 15.5382 |
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acres, a distance of 28.81 feet (called 29.99') to a found 5/8 inch |
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iron rod, marking the northeast corner of said 15.5382 acres, also |
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being an internal corner of the herein described tract, from which a |
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found 1/2 inch iron rod with cap, bears South 10°17'27" East, a |
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distance of 0.82 feet; |
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THENCE South 86°35'29" West, along the north line of said 15.5382 |
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acres, a distance of 2167.33 feet (called 2,166.51') to a found 1/2 |
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inch iron rod in the east R.O.W. of Farrell Road, 60' Public R.O.W., |
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marking the northwest R.O.W. of said 15.5382 acres, also being the |
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southwest corner of the herein described tract; |
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THENCE North 02°41'49" West, along said east R.O.W., a distance of |
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728.95 feet (called 731.20') to a found 1/2 inch iron rod with cap, |
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marking the southwest corner of a called 6.368 acres, conveyed to |
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Ehlers Management, Inc., by deed recorded under C.F. 2014005771 |
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O.P.R. M.C.T., also being the northwest corner of the herein |
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described tract; |
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THENCE North 86°24'55" East, passing at a distance of 1019.11 feet |
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along the south line of said 6.368 acres, a called 5.00 acres, |
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conveyed to Gary D. Kiddy and Diana K. Kiddy, by deed recorded under |
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C.F. 9895647 O.P.R. M.C.T. and a called 4.463 acres, conveyed to Don |
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Robinson and wife, Eileen Robinson, by deed recorded under C.F. |
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99013144 O.P.R. M.C.T. to a found 5/8 inch iron rod , marking the |
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common corner of said 4.463 acres and a called 3.168 acres, conveyed |
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to Allen P. Mott Jr. and Marla J. Mott, by deed recorded under C.F. |
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2016002862 O.P.R. M.C.T. and continuing for a total distance of |
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1065.58 feet (called 1,071.09') to a found 1/2 inch iron rod, |
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marking an angle point of the herein described tract; |
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THENCE North 86°07'33" East, along the south line of said 3.168 |
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acres, a distance of 247.75 feet to a found 1/2 inch iron rod, |
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marking the common corner of said 3.168 acres and a called 1.6722 |
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acres, conveyed to Arlene Elizabeth Buchanan Drawdy, by deed |
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recorded under C.F. 9536359 O.P.R. M.C.T., marking an angle point |
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of the herein described tract; |
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THENCE North 85°36'58" East, along the south line of said 1.6722 |
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acres passing at a distance of 186.38 feet a found 5/8 inch iron |
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rod, being the common corner of said 1.6722 acres and 2.1691 acres |
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and continuing for a total distance of 204.50 feet to a set 5/8 inch |
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iron rod with cap "Landpoint 10194172", marking an angle point of |
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the herein described tract; |
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THENCE North 88°29'58" East, along the said south line of 2.1691 |
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acres, a distance of 299.26 feet to a found 2 inch iron pipe, |
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marking the southeast corner of said 2.1691 acres, also being an |
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internal corner of the herein described tract; |
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THENCE North 03°15'20" West, along the east line of said 2.1691 |
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acres, a distance of 230.63 feet (called 229.79') to a found 1/2 |
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inch iron rod in said south R.O.W., marking the north corner of said |
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41.296 acres; |
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THENCE along a curve to the left and said north R.O.W., having a |
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radius of 2,819.17 feet, a delta angle of 09° 12' 35", and whose long |
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chord bears North 71°21'11" West a distance of 452.66 feet to a |
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concrete monument in the north line of said 1.6722 acres, also being |
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a point tangency of the herein described tract; |
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THENCE North 75°39'54" West, along said south R.O.W., a distance of |
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346.79 feet to a point for corner in the north line of said 3.168 |
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acres, marking an external corner of the herein described tract; |
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THENCE North 03°42'57" West, over and across said FM 2432, passing |
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at a distance of 105.18 feet a found 3/8 inch iron rod, marking the |
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common corner of said Remainder and a called 6.000 acres, conveyed |
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to Kent D. Conaster and wife, Tamara M. Conaster, by deed recorded |
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under C.F. 9738800 O.P.R. M.C.T., continuing for a total distance |
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of 836.69 feet to a found 3/8 inch iron rod, marking the northeast |
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corner of said 6.000 acres, also being an internal corner of said |
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Remainder and the herein described tract; |
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THENCE South 88°16'11" W, along the north line of said 6.000 acres |
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and a called 3.003 acres, conveyed to Nathan Palmer and Kimberly |
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Palmer, by deed recorded under C.F. 2006-095132 O.P.R. M.C.T., |
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passing at a distance of 386.80 feet a found 1/2 inch iron rod, |
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marking the common corner of said 6.000 acres and said 3.003 acres |
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and continuing for a total distance of 421.35 feet to a found 1/2 |
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inch iron pipe and a found 5/8 inch iron rod, marking an angle point |
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of said 3.003 acres, the common corner of Lot 18 and 19, Block 1, |
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Texas National, Section 1, recorded under Cabinet A, Sheet 189 M.R. |
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M.C.T. , also being the most northerly southwest corner of said |
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Remainder and the herein described tract; |
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THENCE North 02°44'12" West, along east line of said Lot 18 and 19, |
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Block 1 and Lots 29 thru 43, the Amending Plat of Texas National |
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Country Club Homes, by deed recorded under Cabinet A, Sheet 190 M.R. |
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M.C.T, a distance of 1129.53 feet to a set 5/8 inch iron rod with cap |
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"Landpoint 10194172", marking the southwest corner of a called |
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0.797 acres, conveyed to The C.L. McIlvain Family Trust, by deed |
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recorded under C.F. 2008-088344 O.P.R. M.C.T., also being the |
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northwest corner of the herein described tract; |
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THENCE North 87°02'59" East, along the south line of said 0.797 |
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acres, a distance of 235.39 feet to a point for corner, marking the |
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southeast corner of said 0.797 acres, also being an internal corner |
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of the herein described tract, from which a found 1/2 inch iron rod |
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with cap, bears South 55°38' 33" West a distance of 0.49 feet; |
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THENCE North 02°44'12" West, along the east line of said 0.797 |
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acres, a distance of 147.47 feet to a found 1/2 inch iron, marking |
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the common corner of Lots 3 and 4, Block 4, Texas National, Section |
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2, recorded under Cabinet B, Sheet 35 M.R. M.C.T., also being an |
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external corner of the herein described tract; |
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THENCE North 87°02'59" East, along Lot 4 thru 15, said Block 4, Texas |
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National, Section 2, passing at a distance of 75.00 feet a found 1/2 |
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inch iron, marking the common corner of said Lots 4 and 5, passing |
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at a distance of 525.10 feet a found 1/2 inch iron, marking the |
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common corner of said Lots 10 and 11, passing at a distance of |
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600.10 feet a found 1/2 inch iron, marking the common corner of said |
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Lots 11 and 12, passing at a distance of 675.00 feet a found 1/2 inch |
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iron, marking the common corner of said Lots 12 and 13, passing at a |
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distance of 755.00 feet a found 1/2 inch iron, marking the common |
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corner of said Lots 13 and 14 and continuing for a total a distance |
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of 918.50 feet to a found 1/2 inch iron pipe in the west line of Lot |
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17, said Block 4, Texas National, Section 2, marking the southeast |
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corner of said Lot 15, also being the northeast corner of said |
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Remainder and the herein described tract; |
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THENCE South 03°30'52" East, along the west line of Lots 17 thru 28, |
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Block 4, Texas National, Section 2 and Lots 29 thru 45, said Block |
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4, Texas National, Section 5, a distance of 2279.72 feet to a found |
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1/2 inch iron pipe, being said southeast corner of said Remainder |
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and the POINT OF BEGINNING and containing a computed 93.40 acres |
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(4,068,654 square feet) 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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7971, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7971.106 to read as follows: |
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Sec. 7971.106. 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, 2017. |
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* * * * * |