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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 167; 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 8065 to read as follows: |
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CHAPTER 8065. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 167 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8065.0101. 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 Montgomery County Municipal |
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Utility District No. 167. |
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Sec. 8065.0102. 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. 8065.0103. 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. 8065.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8065.0103 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. 8065.0105. 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. 8065.0106. 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. 8065.0201. 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 8065.0202, directors |
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serve staggered four-year terms. |
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Sec. 8065.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Jesus Espinoza; |
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(2) Norman E. Gutierrez; |
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(3) John D. Eckstrum; |
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(4) Tommy Nichol; and |
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(5) Blake Cogdell. |
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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 8065.0103; 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 8065.0103 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 8065.0103; 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. 8065.0301. 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. 8065.0302. 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. 8065.0303. 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. 8065.0304. 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. 8065.0305. 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. 8065.0306. 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 no outstanding bonded debt; 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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8065.0103 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 8065.0103. |
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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) If the voters of a new district do not confirm the |
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creation of the new district, the assets, obligations, territory, |
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and governance of the new district revert to that of the original |
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district. |
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Sec. 8065.0307. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8065.0303; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8065.0401. 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 8065.0403. |
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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. 8065.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8065.0401, 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. 8065.0403. 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. 8065.0501. 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. 8065.0502. 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. 8065.0503. 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 Montgomery County Municipal Utility District |
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No. 167 initially includes all the territory contained in the |
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following area: |
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BEING 242.128 ACRES OF LAND, MORE OR LESS, WITH 74.18 ACRES SITUATED |
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IN THE THOMAS DOUGLAS SURVEY, ABSTRACT NUMBER 187 AND 167.88 ACRES |
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SITUATED IN THE MATTHEW CARTWRIGHT SURVEY, ABSTRACT NUMBER 126, ALL |
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IN MONTGOMERY COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN CALLED |
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249.943 ACRE TRACT CONVEYED IN SPECIAL WARRANTY DEED TO AVANTI |
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2854, LLC, RECORDED UNDER CLERK'S FILE NUMBER 2017006860 OFFICIAL |
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PUBLIC RECORDS OF MONTGOMERY COUNTY, TEXAS, TOGETHER WITH THAT |
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CERTAIN CALLED 0.4658 ACRE TRACT CONVEYED TO AVANTI 2854, LLC, |
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RECORDED UNDER CLERK'S FILE NUMBER 2018092894 OFFICIAL PUBLIC |
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RECORDS OF MONTGOMERY COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN |
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CALLED 8.341 ACRE TRACT AS CONVEYED BY AVANTI 2854, LLC TO |
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MONTGOMERY COUNTY, TEXAS, A POLITICAL SUBDIVISION OF THE STATE OF |
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TEXAS, RECORDED IN EXCHANGE DEED UNDER CLERK'S FILE NUMBER |
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2018092878 OFFICIAL PUBLIC RECORDS OF MONTGOMERY COUNTY, TEXAS; |
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SAID 242.128 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS |
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WITH ALL BEARINGS AND COORDINATES REFERENCED TO THE TEXAS |
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COORDINATE SYSTEM, CENTRAL ZONE 4203 NAD-83, ALL COORDINATES SHOWN |
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ARE GRID AND MAY BE CONVERTED TO SURFACE BY MULTIPLYING BY THE |
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COMBINED ADJUSTMENT FACTOR OF 1.00061987: |
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BEGINNING at the lower Northwest corner of the called 249.943 acre |
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tract located at the intersection of the South right-of-way of |
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Katie Road, a variable width right-of-way designated as a "County |
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Road" (no deed found), with the East right-of-way of F. M. Highway |
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2854, a variable width right-of-way as referenced in Deed from J. H. |
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Talley to the County of Montgomery, State of Texas and recorded in |
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Volume 716, Page 132 Montgomery County Deed Records; said point |
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having a coordinate value of North 10,114,844.41 and East |
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3,774,584.72; |
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THENCE North 87° 21' 23" East for a distance of 1209.36 feet along |
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the lower North line of the called 249.943 acre tract and South line |
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of Katie Road to an interior Northwest corner of the herein |
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described tract and further located at the East line of the Thomas |
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Douglas Survey and the West line of the Matthew Cartwright Survey; |
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THENCE North 03° 25' 54" West along the upper West line of the called |
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249.943 acre tract, continuing along the East line of the Thomas |
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Douglas Survey and the West line of the Matthew Cartwright Survey |
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passing the North line of Katie Road and the Southeast corner of |
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that certain called 13.38 acre tract conveyed to Ronald G. |
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McCracken and spouse, Laura J. McCracken recorded under Clerk's |
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File Number 2006-077430 Montgomery County Real Property Records, |
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continuing a deed call distance of 1334.52 feet to the 13.38 acre |
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tract Northeast corner and being an angle point of the herein |
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described tract at an upper Southeast corner of that certain called |
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16.027 acre tract conveyed to Ronald G. McCracken, et ux, recorded |
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under Clerk's File Number 2007-0573 Montgomery County Real Property |
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Records; |
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THENCE North 02° 04' 38" West for a distance of 260.11 feet |
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continuing along the East line of the Thomas Douglas Survey and the |
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West line of the Matthew Cartwright Survey, common to the upper East |
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line of the called 16.027 acre tract, to the upper Northwest corner |
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of the herein described tract and the upper Northwest corner of the |
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called 249.943 acre tract, and located at the Southwest corner of |
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that certain called 85.194 acre tract conveyed to the Estate of Carl |
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A. Sudbury, et al to Martha D. Mayer, Trustee, recorded under |
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Clerk's File Number 2000-003039 Montgomery County Real Property |
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Records |
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THENCE North 86° 44' 51" East along the South line of the called |
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85.194 acre tract for a distance of 1570.87 feet to a point for |
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angle at the called 85.194 acre tract Southeast corner and a |
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Southwest corner of a called 207 acre tract conveyed to Jasper |
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Duncan Cartwright and recorded in Volume 626, Page 86 Montgomery |
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County Deed Records; |
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THENCE North 73° 43' 03" East along the South line of the called 207 |
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acre tract for a distance of 673.34 feet to a point for the |
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Northeast corner of the herein described tract located in the |
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Westerly high-bank of Mound Creek; |
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THENCE with the following courses and distances along the Westerly |
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high-bank of Mound Creek: |
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1) South 34° 16' 12" East for a distance of 44.50 feet to a point |
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for corner; |
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2) South 67° 14' 09" East for a distance of 51.81 feet to a point |
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for corner; |
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3) South 54° 16' 20" East for a distance of 22.71 feet to a point |
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for corner; |
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4) South 14° 59' 12" West for a distance of 33.77 feet to a point |
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for corner/; |
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5) South 49° 10' 18" East for a distance of 21.62 feet to a point |
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for corner; |
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6) South 08° 50' 45" East for a distance of 32.07 feet to a point |
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for corner; |
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7) South 14° 29' 14" West for a distance of 59.23 feet to a point |
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for corner; |
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8) South 19° 56' 34" East for a distance of 59.05 feet to a point |
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for corner; |
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9) South 06° 16' 39" East for a distance of 90.94 feet to a point |
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for corner; |
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10) South 11° 21' 07" East for a distance of 38.72 feet to a point |
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for corner; |
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11) South 32° 51' 33" East for a distance of 103.15 feet to a point |
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for corner; |
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12) South 31° 08' 48" East for a distance of 111.54 feet to a point |
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for corner; |
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13) South 67° 19' 47" East for a distance of 37.51 feet to a point |
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for corner; |
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14) South 39° 35' 32" East for a distance of 31.28 feet to a point |
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for corner; |
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15) South 27° 22' 39" East for a distance of 173.85 feet to a point |
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for corner; |
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16) South 00° 37' 47" East for a distance of 35.63 feet to a point |
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for corner; |
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17) South 26° 43' 57" East for a distance of 34.32 feet to a point |
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for corner; |
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18) South 49° 57' 22" East for a distance of 106.17 feet to a point |
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for corner; |
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19) South 43° 57' 10" East for a distance of 174.91 feet to a point |
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for corner; |
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20) South 00° 25' 37" East for a distance of 255.88 feet to a point |
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for corner; |
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21) South 23° 28' 27" E for a distance of 14.24 feet to a point |
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THENCE South 86° 19' 53" West for a distance of 82.61 feet along the |
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West line of the aforesaid called 207 acre tract to an interior |
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corner of the herein described tract; |
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THENCE South 03° 16' 56" East for a distance of 1398.16 feet |
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continuing along the West line of the called 207 acre tract to a |
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point for the upper Southeast corner of the herein described tract |
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and Southeast corner of the called 249.943 acre tract and being in |
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the North line of that certain called 75 acre tract conveyed to |
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Jasper Duncan Cartwright in Deed recorded in Volume 626, Page 509 |
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Montgomery County Deed Records; |
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THENCE South 86° 41' 48" West for a distance of 1041.81 feet along |
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the Cartwright North line to an interior corner of the herein |
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described tract |
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THENCE South 12° 01' 56" East for a distance of 329.46 feet to a |
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Southeast corner of the herein described tract at an interior |
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corner of the called 75 acre tract; |
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THENCE South 87° 26' 11" West for a distance of 1692.85 feet along |
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the Westerly North line of the called 75 acre tract to a Northwest |
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corner of the called 75 acre tract at an interior corner of the |
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herein described tract; |
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THENCE South 06° 29' 00" E for a distance of 354.36 feet along the |
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West line of the called 75 acre tract to the Southwest corner of the |
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called 74 acre tract and being an interior corner of the herein |
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described tract; |
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THENCE North 87° 41' 38" East for a distance of 144.44 feet to a |
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lower Northeast corner of the herein described tract and being a |
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Northwest corner of that certain called 98.2 acre tract conveyed to |
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Patricia Joe Schuller in Deed recorded in Volume 626, Page 78 |
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Montgomery County Deed Records; |
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THENCE South 03° 16' 52" East along the West line of the called 98.2 |
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acre tract and the West line of a called 9.0054 acre tract conveyed |
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to James Michael Brown recorded under Clerk's File Number 9703943 |
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Montgomery County Real Property Records; in all, a distance of |
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1900.40 feet to the Southeast corner of the herein described tract; |
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THENCE South 87° 11' 56" West along the North line of that certain |
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called 5.435 acre tract conveyed to Patricia S. Smith recorded |
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under Clerk's File Number 9346082 Montgomery County Real Property |
|
Records, and along the North line of that certain called 1.000 acre |
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tract conveyed to Barnie E. Edwards recorded under Clerk's File |
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Number 8213103 Montgomery County Real Property Records for a |
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distance of 559.03 feet to the Southwest corner of the herein |
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described tract, located in the East line of F. M. 2854; |
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THENCE with the following courses and distances along the East line |
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of F. M. 2854 and the West line of the called 249.943 acre tract as |
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follows: |
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1) North 36° 18' 16" West for a distance of 246.29 feet to a point |
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for corner; |
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2) North 28° 02' 36" West for a distance of 577.02 feet to the |
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beginning of a non-tangential curve to the right; |
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3) Along said curve turning to the right through an angle of 13° 16' |
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17", having a radius of 2804.83 feet, an arc length of 649.68 feet |
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and whose long chord bears North 21° 15' 04" West for a distance of |
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648.23 feet to a point of intersection with a non-tangential line; |
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4) North 08° 21' 11" West for a distance of 286.54 feet to a point |
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for corner at the Southwest corner of the aforementioned called |
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8.341 acre tract; |
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THENCE with the following courses and distances along the called |
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8.341 acre tract: |
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1) North 38° 33' 59" East for a distance of 79.38 feet to a point |
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for corner; |
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2) North 85° 41' 19" East for a distance of 431.79 feet to the |
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beginning of a curve to the left; |
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3) With said curve turning to the left through an angle of 90° 00' |
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00", having a radius of 201.00 feet, an arc length of 315.73 feet |
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and whose long chord bears North 40° 41' 19" East for a distance of |
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284.26 feet to a point for corner; |
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4) North 04° 18' 41" West for a distance of 148.00 feet to the |
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beginning of a curve to the left; |
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5) Along said curve turning to the left through an angle of 90° 00' |
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00", having a radius of 201.00 feet, an arc length of 315.73 feet |
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and whose long chord bears North 49° 18' 41" West for a distance of |
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284.26 feet; |
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6) South 85° 41' 19" West for a distance of 433.95 feet to a point |
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for corner; |
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7) North 50° 06' 44" West for a distance of 71.76 feet to a point |
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for corner in the East line of F. M. 2854; |
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THENCE with the following courses and distances along the East line |
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of F. M. 2854 and the West line of the called 249.943 acre tract as |
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follows: |
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1) North 05° 14' 58" West for a distance of 129.46 feet to a point |
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for corner; |
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2) North 07° 34' 43" West for a distance of 190.26 feet to a point |
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for corner; |
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3) North 11° 52' 28" West for a distance of 584.29 feet to the |
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beginning of a non-tangential curve to the left; |
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4) Along said curve turning to the left through 03° 40' 20", having |
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a radius of 5809.65 feet, an arc length of 372.36 feet and whose |
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long chord bears North 16° 15' 44" West for a distance of 372.30 feet |
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to the Point of Beginning and containing a calculated area of |
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242.128 acres. |
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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 |
|
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, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
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(b) The governor, one of the required recipients, has |
|
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 |
|
representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) Section 8065.0307, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 8065, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8065.0307 to read as follows: |
|
Sec. 8065.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2019. |
|
|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3047 was passed by the House on May 3, |
|
2019, by the following vote: Yeas 123, Nays 17, 2 present, not |
|
voting. |
|
|
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______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 3047 was passed by the Senate on May |
|
22, 2019, by the following vote: Yeas 30, Nays 1. |
|
|
|
______________________________ |
|
Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
|
|
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_____________________ |
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Governor |