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AN ACT
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relating to the creation of the Liberty Grand Municipal Utility |
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District No. 1; 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 8049 to read as follows: |
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CHAPTER 8049. LIBERTY GRAND MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8049.0101. 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 Liberty Grand Municipal |
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Utility District No. 1. |
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Sec. 8049.0102. 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. 8049.0103. CONFIRMATION AND DIRECTOR 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. 8049.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8049.0103 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. 8049.0105. 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. 8049.0106. 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. 8049.0201. 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 8049.0202, directors |
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serve staggered four-year terms. |
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Sec. 8049.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Barrett Von Blon; |
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(2) Randall Hancock; |
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(3) Robert Derrick III; |
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(4) Jess Arnold; and |
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(5) Jock Naponic. |
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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 8049.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8049.0103 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 8049.0103; 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. 8049.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8049.0302. 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. 8049.0303. 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. 8049.0304. 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. 8049.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8049.0306. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8049.0103 to confirm the creation of the district. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8049.0103. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8049.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8049.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 8049.0403. |
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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. 8049.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8049.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8049.0403. 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. 8049.0501. 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. 8049.0502. 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. 8049.0503. 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 Liberty Grand Municipal Utility District No. |
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1 initially includes all the territory contained in the following |
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area: |
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BEING a 815.0-acre tract of land situated in the Edward King |
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Survey, Abstract No. 56, the A.S. McLemore Survey, Abstract |
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No. 700, the G.C. & S.F. R.R. Co. Survey, Abstract No. 463 and the |
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H. & T.C. R.R. Co. Survey, Abstract No. 267 of Liberty County, Texas |
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and being a portion of a called 100-acre tract of land as described |
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in an instrument to Stoesser Farms, Inc. recorded under Volume 745, |
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Page 268 of the Deed Records Liberty County (D.R.L.C.), a portion of |
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the 63rd Tract, 59th Tract, 66th Tract, 58th Tract, 43rd Tract, 37th |
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Tract and 39th Tract of lands as described in an instrument to |
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Stoesser Farms, Inc. recorded under Volume 601, Page 541 D.R.L.C., |
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and all of the 56th Tract, 55th Tract-First Tract, and 60th |
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Tract-First Tract, of lands described in an instrument to Stoesser |
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Farms, Inc. recorded under Volume 601, Page 541 D.R.L.C., said |
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815.0-acre tract of land described by metes and bounds as follows: |
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BEGINNING at a 3/4-inch iron pipe found for an interior |
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corner of a called 85.63-acre tract of land, designated Tract 2, |
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described in an instrument to Coastal Water Authority recorded |
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under Liberty County Clerk's File Number (L.C.C.F. No.) 2012015879, |
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same being the Northwest corner of the remainder of said 100-acre |
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tract and the herein described tract; |
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THENCE, N 87°56'55" E, along and with the North line of the |
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remainder of said 100-acre tract and the North line of the remainder |
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of said 63rd Tract, same being a South line of said 85.63-acre |
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tract, a distance of 1,832.14 feet to a point for the Northeast |
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corner of the herein described tract; |
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THENCE, over and across the remainder of said 63rd Tract, the |
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remainder of said 59th Tract, and said 58th Tract, the following |
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courses and distances: |
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S 43°07'30" E, a distance of 66.12 feet to an angle |
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point of the herein described tract; |
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S 39°22'30" E, a distance of 1,727.57 feet to an angle |
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point of the herein described tract; |
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S 36°28'36" E, a distance of 942.93 feet to an angle |
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point of the herein described tract; |
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S 41°33'17" E, a distance of 280.68 feet to an angle |
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point of the herein described tract; |
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S 39°22'30" E, a distance of 1,727.57 feet to an angle |
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point of the herein described tract; |
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S 35°37'30" E, a distance of 1,102.16 feet to a point |
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for corner of the herein described tract, lying on the North line of |
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a called 80-acre tract of land, designated Tract Six, described in |
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an instrument to Phillip Fouts McMillan recorded under Volume 1102, |
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Page 722 of the Official Public Records of Liberty County Texas; |
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THENCE, along and with the North, West, South and East line of |
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said 80-acre tract, the following courses and distances: |
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S 88°25'48" W, a distance of 477.57 feet to a point for |
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the Northwest corner of said 80-acre tract and an interior corner of |
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the herein described tract; |
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S 01°34'12" E, a distance of 2,357.45 feet to a point |
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for the Southwest corner of said 80-acre tract and an interior |
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corner of the herein described tract; |
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N 88°25'48" E, a distance of 1,481.36 feet to a point |
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for the Southeast corner of said 80-acre tract and an interior |
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corner of the herein described tract; |
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N 01°34'12" W, a distance of 721.07 feet to a point for |
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corner of the herein described tract, lying on the West line of the |
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remainder of said 43rd Tract; |
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THENCE, S 31°52'30" E, over and across said 43rd Tract, a |
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distance of 184.89 feet to a point for corner of the herein |
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described tract, lying on a West Line of a called 519.20-acre tract |
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of land, designated Tract 2, described in an instrument to Cedar |
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Bayou Wildlife, LLC recorded under L.C.C.F. No. 2013000064; |
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THENCE, along and with the West lines of said 519.20-acre |
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tract the following courses and distances: |
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S 33°56'12" W, a distance of 84.47 feet to a point for an |
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interior corner of the herein described tract; |
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S 01°44'10" E, a distance of 541.13 feet to a point for |
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corner of the herein described tract; |
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S 87°49'15" W, a distance of 455.56 feet to a point for |
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an interior corner of the herein described tract; |
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S 01°52'18" E, a distance of 2,162.71 feet to an angle |
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point of the herein described tract; |
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S 10°26'41" W, a distance of 1,258.99 feet to a point |
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for corner of the herein described tract; |
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S 85°40'34" W, a distance of 610.17 feet to a point for |
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an interior corner of the herein described tract; |
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S 22°15'26" W, a distance of 858.89 feet to a point for |
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corner of the herein described tract; |
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S 78°54'43" W, a distance of 719.66 feet to a point for |
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the Southernmost corner of the herein described tract, lying on the |
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line common to said H. & T.C. R.R. Co. Survey, Abstract No. 267 and |
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the A.G. Penn Survey, Abstract No. 764; |
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THENCE, N 01°48'36" W, along and with said common line, a |
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distance of 30.17 feet to the common corner of said H. & T.C. R.R. |
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Co. Survey, Abstract No. 267, said A.G. Penn Survey, Abstract |
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No. 764, said G.C. & S.F. R.R. Co. Survey, Abstract No. 463 and the |
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J. Ross Survey, Abstract No. 806, same being an angle point of the |
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herein described tract; |
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THENCE, N 02°12'38" W, along and with the West line of said |
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G.C. & S.F. R.R. Co. Survey, Abstract No. 463, the remainder of said |
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39th Tract, and said the remainder of said 37th Tract, a distance |
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of 4,049.42 feet to a point for corner of the remainder of said 37th |
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Tract and the herein described tract, same being the Southwest |
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corner of a called 1.000-acre tract of land, designated Tract 6, |
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described in an instrument to Ray E. Stoesser, et ux, recorded under |
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L.C.C.F. No. 2014019951; |
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THENCE, along and with the lines common to the remainder of |
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said 37th Tract and said 1.000-acre tract, the following courses |
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and distances: |
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N 87°47'22" E, a distance of 208.71 feet to a point for |
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the Southeast corner of said 1.000-acre tract and an interior |
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corner of the herein described tract; |
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N 02°12'38" W, a distance of 208.71 feet to a point for |
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the Northeast corner of said 1.000-acre tract and an interior |
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corner of the herein described tract; |
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S 87°47'22" W, a distance of 208.71 feet to a point for |
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the Northwest corner of said 1.000-acre tract, same being a common |
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corner of said 37th Tract and the herein described tract; |
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THENCE, N 02°12'38" W, along and with the West line of the |
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remainder of said 37th Tract, a distance of 30.00 feet to a point |
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for corner lying on South line of said 60th Tract; |
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THENCE, S 88°22'49" W, along and with the South line of said |
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60th Tract, said 55th Tract, and said 56th Tract, a distance of |
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1,885.45 feet to the South common corner of said 56th Tract and the |
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remainder of said 66th Tract, same being an angle point of the |
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herein described tract; |
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THENCE, along and with the South line of the remainder of said |
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66th Tract, the following courses and distances: |
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S 89°38'05" W, a distance of 1,049.76 feet to an angle |
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point of the herein described tract; |
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S 87°54'35" W, a distance of 963.09 feet to a point for |
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corner the herein described tract, being the Southeast corner of |
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said 85.63-acre tract; |
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THENCE, N 02°04'22" W, along and with an East line of said |
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85.63-acre tract, same being the West lines of the remainder of said |
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66th Tract and the remainder of said 100-acre tract, a distance of |
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7,074.86 feet to the POINT OF BEGINNING and containing 820.0 acres |
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of land (Gross), SAVE & EXCEPT a called 5-acre tract of land, |
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designated 55th Tract, Second Tract, described in an instrument to |
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Stoesser Farms, Inc. recorded under Volume 601, Page 541 D.R.L.C. |
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leaving a net acreage of 815.0 acres of land. |
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Bearing orientation is based on the Texas Coordinate System |
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of 1983 (NAD83), South Central Zone 4204 and is referenced to deed |
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bearings of the West lines of said 519.20-acre tract of land as |
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cited herein. |
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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 |
|
8049, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8049.0307 to read as follows: |
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Sec. 8049.0307. 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 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, 2019. |
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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. 2979 was passed by the House on April |
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12, 2019, by the following vote: Yeas 138, Nays 5, 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. 2979 was passed by the Senate on May |
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15, 2019, by the following vote: Yeas 30, Nays 1. |
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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 |