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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 Brazoria County Municipal Utility |
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District No. 77; 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 8379 to read as follows: |
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CHAPTER 8379. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 77 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8379.0101. 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 Brazoria County Municipal |
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Utility District No. 77. |
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Sec. 8379.0102. 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. 8379.0103. 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. 8379.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8379.0103 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. 8379.0105. 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. 8379.0106. 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. 8379.0201. 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 8379.0202, directors |
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serve staggered four-year terms. |
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Sec. 8379.0202. 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 8379.0103; 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 8379.0103 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 8379.0103; 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. 8379.0301. 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. 8379.0302. 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. 8379.0303. 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. 8379.0304. 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. 8379.0305. 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. 8379.0306. 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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8379.0103 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 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) 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 8379.0103. |
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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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8379.0104 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. 8379.0401. 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 8379.0403. |
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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. 8379.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8379.0401, 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. 8379.0403. 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. 8379.0501. 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. 8379.0502. 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. 8379.0503. 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 Brazoria County Municipal Utility District |
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No. 77 initially includes all the territory contained in the |
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following area: |
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BEING A 705.269 ACRE TRACT OF LAND OUT OF THE CHESTER GORBET |
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SURVEY, ABSTRACT NO. 64, THE H.T. & B. RR., SECTION 5, ABSTRACT NO. |
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235 AND THE H.T. & B. RR., SECTION 43, ABSTRACT 256, BRAZORIA |
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COUNTY, TEXAS; SAID 705.269 ACRE TRACT OF LAND BEING OUT OF AND A |
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PART OF A TRACT OF LAND CONVEYED TO AA SHARP INVESTMENTS, LTD., AS |
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DESCRIBED IN DEED RECORDED UNDER COUNTY CLERK'S FILE NO. 2007068904 |
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OF THE OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY, TEXAS, SAID |
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705.269 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY |
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METES AND BOUNDS IN FOUR TRACTS OF LAND AS FOLLOWS: |
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TRACT 1: |
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BEGINNING at the southern "cut back" corner of State Highway |
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288 west right-of-way line and the north right-of-way line of |
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County Road 60; |
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THENCE, South 87°06'10" West, 150.29 feet along the north line |
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of said County Road 60 to an interior corner of the herein described |
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tract; |
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THENCE, South 02°53'50" East, 60.00 feet to the centerline of |
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said County Road 60 for a point of corner; |
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THENCE, in a westerly direction along the south line of the |
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herein tract as follow: |
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THENCE, South 87°23'21" West, 3589.69 feet along the |
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centerline of said County Road 60 to the centerline of County Road |
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48 for a point for corner; |
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THENCE, South 02°30'30" East, 1045.03 feet along the |
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centerline of said County Road 48 to an angle point for corner; |
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THENCE, South 87°23'00" West, 3786.31 feet to the Southwest |
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corner of the herein described tract; |
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THENCE, in a northerly direction along the west line of the |
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herein tract as follow: |
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THENCE, North 02°48'42" West, 1309.92 feet to an interior |
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corner; |
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THENCE, South 87°04'08" West, 484.20 feet to an angle point |
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for corner; |
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THENCE, North 03°21'02" West, 1884.72 feet to the Northwest |
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corner of the herein described tract; |
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THENCE, in an easterly direction along the north line of the |
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herein tract as follow: |
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THENCE, North 87°22'55" East, 2011.99 feet to an angle point |
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for corner; |
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THENCE, South 02°37'05" East, 1078.95 feet to an interior |
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corner; |
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THENCE, North 87°22'55" East, 2051.99 feet to the centerline |
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of said County Road 48 for a point for corner; |
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THENCE, North 15°20'43" West, 1106.13 feet along the |
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centerline of said County Road 48 to an angle point for corner; |
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THENCE, North 87°22'55" East, 5022.48 feet to the Northeast |
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corner of the herein described tract and being in the west |
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right-of-way line of said State Highway 288 to a point for corner; |
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THENCE, in a southeasterly direction along the west line of |
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said State Highway 288 as follows: |
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THENCE, South 02°37'30" East, 313.81 feet to a point for |
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corner; |
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THENCE, South 01°22'30" West, 548.62 feet to the beginning of |
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a curve to the right; |
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THENCE, along the arc of said curve to the right, having a |
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chord of South 24°37'30" West, 822.44 feet, a radius of 1041.74 |
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feet, and a central angle of 46°30'00", a distance of 845.45 feet to |
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a point for corner; |
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THENCE, South 47°52'30" West, 220.75 feet to the beginning of |
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a curve to the left; |
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THENCE, along the arc of said curve to the left, having a |
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chord of South 25°48'15" West, 345.34 feet, a radius of 485.37 feet, |
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and a central angle of 41°40'43", a distance of 353.07 feet to a "cut |
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back" corner; |
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THENCE, South 43°48'16" West, 72.77 feet to the PLACE OF |
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BEGINNING; containing 463.725 acres of land, more or less. |
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TRACT 2: |
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BEGINNING at the southeast corner of the herein described |
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tract and being on the south line of said Chester Gorbet Survey and |
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the west right-of-way line of State Highway 288; |
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THENCE, South 87°22'55" West, 331.99 feet along the south line |
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of said Gorbet Survey to the Southwest corner of the herein |
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described tract; |
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THENCE, North 02°37'05" West, 1465.62 feet along the west line |
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of this tract to the Northwest corner of the herein described tract |
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and being the beginning of a non-tangent curve to the right, said |
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point being in the west line of said State Highway 288; |
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THENCE, in a southeasterly direction along the west line of |
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said State Highway 288 as follow: |
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THENCE, along the arc of said curve to the right, having a |
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chord of South 33°01'25" East, 272.09 feet, a radius of 1273.24 |
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feet, and a central angle of 12°16'03", a distance of 272.61 feet to |
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a point for corner; |
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THENCE, North 63°06'36" East, 120.51 feet to the beginning of |
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a non-tangent curve to the right; |
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THENCE, along the arc of said curve to the right, having a |
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chord of South 13°57'24" East, 428.87 feet, a radius of 1091.35 |
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feet, and a central angle of 22°39'47", a distance of 431.68 feet to |
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a point for corner; |
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THENCE, South 02°37'30" East, 859.99 feet to the PLACE OF |
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BEGINNING; containing 9.672 acres of land, more or less. |
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TRACT 3: |
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BEGINNING at the northern "cut back" corner of State Highway |
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288 east right-of-way line and the south right-of-way line of |
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County Road 60; |
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THENCE, North 87°06'10" East, 217.49 feet along the south |
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right-of-way line of said County Road 60 to the Northeast corner of |
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the herein described tract; |
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THENCE, South 02°37'05" East, 2087.18 feet along the east line |
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to the Southeast corner of the herein described tract; |
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THENCE, South 87°22'55" West, 1019.22 feet along the south |
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line to the Southwest corner of the herein described tract; said |
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point being in the east right-of-way line of said State Highway 288; |
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THENCE, in a northerly direction along the east line of said |
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State Highway 288 as follow: |
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THENCE, North 02°37'35" West, 313.22 feet to an angle point |
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for corner; |
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THENCE, North 01°22'30" East, 548.47 feet to the beginning of |
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a curve to the right; |
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THENCE, along the arc of said curve to the right, having a |
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chord of North 24°37'30" East, 822.72, a radius of 1041.74 feet, and |
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a central angle of 46°31'00", a distance of 845.76 feet to a point |
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for corner; |
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THENCE, North 47°52'30" East, 220.52 feet to the beginning of |
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a curve to the left; |
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THENCE, along the arc of said curve to the left, having a |
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chord of North 25°45'18" East, 345.34, a radius of 458.37 feet, and a |
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central angle of 44°15'34", a distance of 354.08 feet to a point for |
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corner; |
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THENCE, North 43°48'11" East, 72.77 feet to the PLACE OF |
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BEGINNING; containing 38.512 acres of land, more or less. |
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TRACT 4: |
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BEGINNING at the southern "cut back" corner of State Highway |
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288 east right-of-way line and the north right-of-way line of |
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County Road 60; |
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THENCE, in a northeasterly direction along the east line of |
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said State Highway 288 as follow: |
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THENCE, North 49°19'36" West, 78.78 feet to the beginning of a |
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non-tangent curve to the left; |
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THENCE, along the arc of said curve to the left, having a |
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chord of North 31°22'42" West, 339.80, a radius of 458.37 feet, and a |
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central angle of 43°30'46", a distance of 348.11 feet to a point for |
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corner; |
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THENCE, North 53°07'30" West, 54.27 feet to the beginning of a |
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curve to the right; |
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THENCE, along the arc of said curve to the right, having a |
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chord of North 32°52'30" West, 881.38, a radius of 1273.24 feet, and |
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a central angle of 40°30'00", a distance of 900.00 feet to a point |
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for corner; |
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THENCE, North 12°37'30" West, 571.47 feet to a point for |
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corner; |
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THENCE, North 02°37'30" West, 364.45 feet to the Northwest |
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corner of the herein described tract; |
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THENCE, in an easterly direction along the north line of the |
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herein tract as follow: |
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THENCE, North 87°22'55" West, 1025.00 feet to an interior |
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corner; |
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THENCE, North 02°37'05" West, 438.06 feet to an angle point |
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for corner; |
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THENCE, North 87°22'55" East, 534.76 feet to an angle point |
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for corner; |
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THENCE, South 02°37'05" East, 23.06 feet to an interior |
|
corner; |
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THENCE, North 87°22'55" East, 1853.42 feet to an exterior |
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corner; |
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THENCE, South 02°37'05" East, 893.97 feet to an interior |
|
corner; |
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THENCE, North 87°07'26" East, 2710.71 feet to an exterior |
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corner; |
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THENCE, South 02°52'34" East, 1692.20 feet to the Southeast |
|
corner of the herein described tract and being in the centerline of |
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said County Road 60 for a point for corner; |
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THENCE, in a westerly direction along the south line of the |
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herein tract as follow: |
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THENCE, South 87°10'14" West, 923.16 feet along the |
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centerline of said County Road 60 to an angle point for corner; |
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THENCE, North 02°52'34" West, 947.37 feet along the |
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centerline of County Road 65 to an angle point for corner; |
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THENCE, South 87°22'55" West, 4180.39 feet to an interior |
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corner; |
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THENCE, South 02°37'05" East, 858.91 feet to the north line of |
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said County Road 60; |
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THENCE, South 87°06'10" West, 217.50 feet to the POINT OF |
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BEGINNING and containing 193.360 acres of land; more or less, for a |
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TOTAL ACREAGE of 705.269 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, |
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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 |
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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 |
|
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 |
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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 |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8379, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8379.0307 to read as follows: |
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Sec. 8379.0307. NO EMINENT DOMAIN POWER. The district may |
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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. |
|
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. |