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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 161; 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 8089 to read as follows: |
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CHAPTER 8089. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 161 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8089.0101. 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. 161. |
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Sec. 8089.0102. 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. 8089.0103. 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. 8089.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8089.0103 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. 8089.0105. 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. 8089.0106. 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. 8089.0201. 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 8089.0202, directors |
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serve staggered four-year terms. |
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Sec. 8089.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the 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 8089.0103; 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 8089.0103 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 8089.0103; 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. 8089.0301. 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. 8089.0302. 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. 8089.0303. 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. 8089.0304. 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. 8089.0305. 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. 8089.0306. 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) A 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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8089.0103 to confirm the district's creation. |
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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 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) A 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 8089.0103. |
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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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8089.0104 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. 8089.0401. 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 8089.0403. |
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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. 8089.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8089.0401, 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. 8089.0403. 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. 8089.0501. 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. 8089.0502. 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. 8089.0503. 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. 161 initially includes all the territory contained in the |
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following area: |
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A description of a 652 acre tract of land, located in the |
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Alfonzo Steel Survey, Abstract 477, the John Bricker Survey, |
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Abstract 98, the Gowan Harris Survey, Abstract 246, and the Lemuel |
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Smith Survey, Abstract 502, in Montgomery County, Texas; out of the |
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1835.060 acre tract of land referenced as Tract III, Parcel 2, and |
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out of the 191.470 acre tract of land referenced as Tract II, Parcel |
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1 and out of the 105.594 acre tract of land referenced as Tract 2, |
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Parcel 4 described in the deed recorded under Document Number |
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2018042236 of the Official Public Records of Montgomery County, |
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Texas and more particularly described as follows: |
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BEGINNING at the south corner of said John Bricker Survey, |
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common to the east corner of said Gowan Harris Survey and the south |
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corner of said Tract 2, Parcel 4; |
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THENCE North 30° 26' 13" West - 3138.61, along the west line of |
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said Tract 2, Parcel 4, partially along the southwest line of said |
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John Bricker Survey, common to the northeast line of said Gowan |
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Harris Survey, to the intersection of said common line and the north |
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right-of-way line of State Highway 242 (Lazy River Road), and the |
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south line of aforesaid Tract III, Parcel 2, and the south line of |
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aforesaid Tract 2, Parcel 1, common to the point of non-tangent |
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curve to the right; |
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THENCE along said north right-of-way line, and along said |
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south line of said Tract III, Parcel 2, along said curve to the |
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right, 60.70', with a radius of 2565.25', a central angle of 01° 21' |
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21", and a chord bearing and distance of North 73° 32' 31" West - |
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60.70', to the end of curve; |
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THENCE continuing along said north right-of-way line, common |
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to the south line of said Tract 3, Parcel 2, the following twenty |
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(20) courses and distances: |
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North 72° 50' 00" West - 1063.30'; |
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North 69° 00' 59" West - 299.06'; |
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North 72° 47' 05" West - 101.02'; |
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North 78° 40' 07" West - 99.47'; |
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North 72° 47' 17" West - 201.25'; |
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North 71° 52' 08" West - 299.75'; |
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North 72° 59' 03" West - 100.41'; |
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North 75° 32' 57" West - 99.82'; |
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North 73° 01' 36" West - 511.85'; |
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North 72° 53' 37" West - 586.90'; |
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North 78° 36' 15" West - 100.50'; |
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North 72° 53' 37" West - 314.28' to a point on a curve to |
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the left; |
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262.81', along said curve to the left, with a radius of |
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2954.79', a central angle of 05° 05' 46", and a chord bearing |
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and distance of North 75° 26' 30" West - 262.72' to the end of |
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curve; |
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North 75° 22' 06" West - 525.80'; |
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South 81° 54' 27" West - 733.46'; |
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South 76° 44' 39" West - 418.29'; |
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South 69° 22' 36" West - 409.05;' |
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South 66° 28' 20" West - 300.00'; |
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South 63° 36' 35" West - 300.37'; |
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South 66° 28' 20" West - 799.40', to the intersection of |
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aforesaid north right-of-way line and the west line of an |
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electric transmission corridor, in the south line of |
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aforesaid Tract 3, Parcel 2; |
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THENCE North 52° 44' 18" West - 2544.15', along said electric |
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transmission corridor, to a point for corner; |
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THENCE North 43° 44' 05" West - 4153.21', continuing along |
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said electric transmission corridor, to the intersection of said |
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west corridor line and the northwest line of aforesaid Tract III, |
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Parcel 2; |
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THENCE North 59° 01' 30" East - 3444.33', along said northwest |
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line, to the west corner of the 37.61 acre tract described as |
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"First" tract in the partition deed recorded under Volume 583, Page |
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609, of the Deed Records of Montgomery County, Texas; |
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THENCE South 30° 15' 23" East - 1567.16', continuing along the |
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northeast line of aforesaid Tract III, Parcel 2, along the |
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southwest line of said "First" tract, and the southwest line of the |
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37.61 acre tract described as "Second" tract in the partition deed |
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recorded under Volume 583, Page 609, of the Deed Records of |
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Montgomery County, Texas, to the south corner of said "Second" |
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tract; |
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THENCE North 58° 50' 47" East - 1372.93', continuing along the |
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northwest line of said Tract III, Parcel 2, along the southeast line |
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of said "Second" tract, to a point for corner in said southeast line |
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of said "Second" tract; |
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THENCE South 30° 26' 27" East - 2772.87', to a point for |
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corner; |
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THENCE South 59° 25' 43" West - 1902.10' to a point for corner; |
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THENCE South 15° 49' 15" East - 1921.98' to a point which is |
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located three hundred feet north of the north right-of-way of |
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aforesaid State Highway 242; |
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THENCE along a line, three-hundred feet (300') north of |
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parallel with said north right-of-way line, the following |
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twenty-two (22) courses and distances: |
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North 66° 28' 20" East - 320.29'; |
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North 63° 36' 35" East - 300.37'; |
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North 66° 28' 20" East - 315.10'; |
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North 69° 22' 36" East - 435.97'; |
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North 76° 44' 39" East - 451.13'; |
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North 81° 54' 27" East - 807.27'; |
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South 75° 22' 06" East - 579.39' to the beginning of a |
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curve to the right; |
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282.46', along said curve to the right, with a radius of |
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3254.79', a central angle of 04° 58' 20", and a chord bearing |
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and distance of South 75° 22' 47" East - 282.37' to the end of |
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curve; |
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South 72° 53' 37" East - 299.32'; |
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South 78° 36' 15" East - 100.50'; |
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South 72° 53' 37" East - 601.51'; |
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South 73° 01' 36" East - 504.90'; |
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South 75° 32' 57" East - 99.73'; |
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South 72° 59' 03" East - 110.05'; |
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South 71° 52' 08" East - 300.26'; |
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South 72° 47' 17" East - 183.43'; |
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South 78° 40' 07" East - 99.48'; |
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South 72° 47' 05" East - 126.31'; |
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South 69° 00' 59" East - 298.93'; |
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South 72° 50' 13" East - 1053.14' to the beginning of a |
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tangent curve to the left; |
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1655.03', along said curve to the left, with a radius of |
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2565.25', a central angle of 36° 57' 57", and a chord bearing |
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and distance of North 88° 37' 40" East - 1626.48' to the end of |
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curve; |
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North 70° 12' 35" East - 881.55'; |
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THENCE North 67° 55' 52" East - 25.80', to the intersection of |
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said three hundred foot offset and the west right-of-way line of FM |
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1314 (Conroe Porter Road), and the east line of aforesaid Tract 2, |
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Parcel 1; |
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THENCE North 11° 00' 27" West - 587.98', continuing along said |
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west right-of-way line of FM 1314 (Conroe Porter Road), and the east |
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line of aforesaid Tract 2, Parcel 1, to a point for corner; |
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THENCE North 12° 31' 04" West - 2420.93', continuing along |
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said common line, and the east line of aforesaid Tract III, Parcel 2 |
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to a point for corner; |
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THENCE North 12° 33' 22" West - 34.59', continuing along |
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aforesaid west right-of-way line of FM 1314 (Conroe Porter Road) |
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and the east line of aforesaid Tract III, Parcel 2, to the beginning |
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of a tangent curve to the left; |
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THENCE, 1150.34', continuing along said common line, along |
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said curve to the left, having a radius of 1859.86', a central angle |
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of 35° 26' 17", and a chord bearing and distance of North 30° 18' 14" |
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West - 1132.09' to the end of curve; |
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THENCE North 48° 01' 22" West - 2965.58', continuing along |
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said common line, to the intersection of said common line and the |
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northwest line of aforesaid Alfonzo Steel Survey; |
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THENCE North 58° 58' 24" East - 105.84', along the northwest |
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line of said Alfonzo Steel Survey, to the intersection of said |
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northwest line and the east right-of-way line of aforesaid FM 1314 |
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(Conroe Porter Road), the northwest corner of the 273.466 acre |
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tract of land referenced as Tract III, Parcel 1 described in the |
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deed recorded under Document Number 2018042236 of the Official |
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Public Records of Montgomery County, Texas; |
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THENCE South 48° 01' 22" East - 2935.99', continuing along |
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said east right-of-way line, and the west line of Tract III, Parcel |
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1, to the beginning of a curve to the right; |
|
THENCE, 1212.26', continuing along said common line, along |
|
said curve to the right, with a radius of 1959.86', a central angle |
|
of 35° 26' 24", and a chord bearing and distance of South 30° 16' 34" |
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East - 1193.03' to the end of curve; |
|
THENCE South 12° 33' 22" East - 1.21, continuing along said |
|
common line, to a point for corner; |
|
THENCE South 12° 01' 58" East - 2102.94', continuing along |
|
said east right-of-way line, and west line of the Tract III, Parcel |
|
1 and the west line of a 195.961 acre tract of land referenced as |
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Tract 2, Parcel 2 described in the deed recorded under Document |
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Number 2018042236 of the Official Public Records of Montgomery |
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County, Texas; to a point for corner; |
|
THENCE South 13° 30' 38" East - 995.85', continuing along said |
|
east right-of-way line, and said west line of Tract 2, Parcel 2, to |
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a point for corner; |
|
THENCE South 23° 14' 55" East - 200.33', continuing along said |
|
common line, to the intersection of said common line and the north |
|
right-of-way line of State Highway 242; |
|
THENCE South 16° 50' 19" East - 538.64', continuing along |
|
aforesaid east right-of-way line, to a point for corner at the |
|
intersection of said east right-of-way line and the south |
|
right-of-way line of said State Highway 242, the northwest corner |
|
of a 90.860 acre tract of land referenced as Tract 2, Parcel 3 |
|
described in the deed recorded under Document Number 2018042236 of |
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the Official Public Records of Montgomery County, Texas; |
|
THENCE South 19° 50' 32" East - 241.38', continuing along said |
|
east right-of-way line, and the west line of said Tract 2, Parcel 3, |
|
to a point for corner; |
|
THENCE South 22° 10' 36" East - 597.39', continuing along said |
|
common line, to a point for corner; |
|
THENCE South 24° 51' 16" East - 778.41', continuing along said |
|
common line, to the intersection of said common line and the |
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southeast line of aforesaid John Bricker Survey; |
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THENCE South 60° 50' 57" West - 89.83', along said southeast |
|
line of the John Bricker Survey, to the southeast corner of |
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aforesaid Tract 2, Parcel 4; |
|
THENCE South 59° 09' 24" West - 2139.18', along the southeast |
|
line of said Tract 2, Parcel 4 and said southeast line of the John |
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Bricker Survey, to the POINT OF BEGINNING, and containing 652 |
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acres, more or less. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
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. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(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) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8089, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8089.0307 to read as follows: |
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Sec. 8089.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
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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