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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 Waller County Municipal Utility |
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District No. 38; 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 7944A to read as follows: |
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CHAPTER 7944A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 38 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7944A.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 Waller County Municipal |
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Utility District No. 38. |
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Sec. 7944A.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. 7944A.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. 7944A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7944A.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. 7944A.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. 7944A.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. 7944A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7944A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7944A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Allison Thompson; |
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(2) Zachary Boyer; |
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(3) Mario Gobert Sr.; |
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(4) Sean Hewitt; and |
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(5) Jerry Peruchini. |
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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 7944A.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 7944A.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 7944A.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. 7944A.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. 7944A.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. 7944A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7944A.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. 7944A.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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7944A.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 |
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7944A.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. 7944A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7944A.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. 7944A.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. 7944A.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. 7944A.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. 7944A.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 Waller County Municipal Utility District No. |
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38 initially includes all the territory contained in the following |
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area: |
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A description of 469.7 acres of land located in the Nathan W. |
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Bush Survey, Abstract 76, and the John L. Boatright Survey, |
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Abstract 81, Waller County, Texas, and out a called 69 acre tract |
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(First Tract) described in the deed to Paul Arrington Wood, |
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Trustee, recorded under Volume 634, Page 710, in the Deed Records of |
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Waller County, Texas, a called 84 acre tract (Second Tract) |
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described in the deed to Paul Arrington Wood, Trustee, recorded |
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under Volume 634, Page 710, in the Deed Records of Waller County, |
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Texas, the called 205 acre tract described in the deed to Paul |
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Arrington Wood, Trustee, recorded under Volume 634, Page 710, in |
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the Deed Records of Waller County, Texas, and the 236 acre tract |
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described in the deed to Paul Arrington Wood, Trustee, recorded |
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under Volume 551, Page 50 and Volume 551, Page 52, in the Deed |
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Records of Waller County, Texas, and more particularly described by |
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metes and bounds as follows (all bearings referenced to the Texas |
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Coordinate System, South Central Zone (4204), NAD 83 (NA2011) Epoch |
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2010.00): |
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BEGINNING at a found fence post at the southeast corner of a |
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called 29.565 acre tract described in the deed to Huey Paul Beckham, |
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and wife, Carolyn Ann Beckham, recorded under Volume 319, Page 528, |
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in the Deed Records of Waller County, Texas, common to the southwest |
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corner of said 205 acre tract, and the southwest corner of the |
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herein described tract, in the north right-of-way line of Owens |
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Road (called 80 feet wide), (found to be 79.7 feet wide at this |
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point); |
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Thence, North 02° 23' 59" West – 2515.78', along the west line |
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of said 205 acre tract, and along a west line of the aforesaid First |
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Tract, to a found fence post at the northeast corner of said 29.565 |
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acre tract, common to an angle corner of the herein described tract; |
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Thence, South 87° 20' 45" West – 297.31', along the north line |
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of said 29.565 acre tract, common to a south line of said First |
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Tract, to a found fence post at the most westerly southwest corner |
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of said First Tract, common to the southeast corner of a called |
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38.2977 acre tract, described as Tract 4B, described in the deed to |
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Cynthia Flukinger Stasny, recorded under Volume 410, Page 368, in |
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the Deed Records of Waller County, Texas; |
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Thence, North 02° 27' 25" West – 818.17', along a west line of |
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said "First Tract" common to the east line of said Tract 4B, to a |
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1/2" iron rod with cap stamped "Precision Surveying" found for the |
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southwest corner of a called 97.1861 acre tract described in the |
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deed to Edmund and So King Chan recorded under File Number 1502533, |
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in the Official Public Records of Waller County, Texas; |
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Thence, North 86° 09' 07" East – 3604.71', along the south line |
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of said 97.1861 acre tract, (at 2,196.59' passing a 1/2" iron rod |
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with cap stamped "Precision Surveying" found for the southeast |
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corner of said 97.1861 acre tract, common to the most northerly |
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northwest corner of aforesaid 205 acre tract), then continuing |
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along the north line of said 205 acre tract, common to the south |
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line of a called 25.453 acre tract (referenced as Tract 8) described |
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in the deed to Charley E. Richard and Eula P. Richard, recorded |
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under Volume 509, Page 221, in the Deed Records of Waller County, |
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Texas, and partially along the south line of a called 25.453 acre |
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tract (referenced as Tract 10) described in the deed to Charley E. |
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Richard and Eula P. Richard, recorded under Volume 646, Page 772, in |
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the Deed Records of Waller County, Texas to a 3/4" iron pipe found |
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for the northeast corner of said 205 acre tract, common to an angle |
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corner of said Tract 10, in the west line of aforesaid 236 acre |
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tract; |
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Thence, North 02° 42' 37" West – 4.00', along the west line of |
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said 236 acre tract, common to an east line of said Tract 10, to a |
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5/8" iron rod with cap stamped "LJA SURVEY" set for an angle corner |
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of the herein described tract, common to the northwest corner of |
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said 236 acre tract, and an angle corner of said Tract 10; |
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Thence, North 86° 01' 48" East – 2474.62', along a south line |
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of said Tract 10, common to the north line of said 236 acre tract, |
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(at 1042.89' passing a 3/4" iron rod found for the southeast corner |
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of said Tract 10, common to the southwest corner of the 25.4535 acre |
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tract referenced in the deed to Donald G. Keischnick and Grace A. |
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Keischnick, recorded under Volume 412, Page 337, in the Deed |
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Records of Waller County, Texas, and described as 25.453 acres |
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(Tract Twelve) in the deed recorded under Volume 224, Page 170, of |
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the Deed Records of Waller County, Texas) then continuing along the |
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north line of said 236 acre tract, common to the south line of said |
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Tract Twelve, to a 5/8" iron rod with cap stamped "LJA SURVEY" set |
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for the northeast corner of the herein described tract, common to |
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the southeast corner of said Tract Twelve, in the west right-of-way |
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line of F.M. 362 (80' right-of-way width); |
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Thence, South 20° 44' 44" East – 2131.42', along said west |
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right-of-way line, to a 5/8" iron rod with cap stamped "LJA SURVEY" |
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set for the beginning of a tangent curve to the right; |
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Thence, 896.48', along said west right-of-way line, along |
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said tangent curve to the right, having a radius of 2824.93', a |
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central angle of 18° 10' 57", and a chord bearing and distance of |
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South 11° 39' 01" East – 892.71' to a 5/8" iron rod with cap stamped |
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"LJA SURVEY" set for the end of curve; |
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Thence, South 02° 33' 44" West – 464.00', continuing along |
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said west right-of-way line, to a found 12" cedar post at the |
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intersection of said west right-of-way line and the north |
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right-of-way line of aforesaid Owens Road (found to be 80' wide at |
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this point), common to the southeast corner of the herein described |
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tract; |
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Thence, South 86° 25' 49" West – 2412.90', along the north |
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right-of-way line of said Owens Road, to a 5/8" iron rod with cap |
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stamped "LJA SURVEY" set for an interior corner of the herein |
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described tract (said Owens Road found to be 78.4' wide at this |
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point); |
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Thence, North 04° 27' 13" West – 1054.33', generally along the |
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west side of a gravel drive, to a 5/8" iron rod with cap stamped "LJA |
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SURVEY" set for an interior corner of the herein described tract; |
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Thence, North 82° 00' 12" West – 841.76', generally along a 4' |
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barbed wire fence, to a 5/8" iron rod with cap stamped "LJA SURVEY" |
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set for an interior corner of the herein described tract, in the |
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east line of aforesaid 205 acre tract, common to the west line of |
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aforesaid 236 acre tract; |
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Thence, South 02° 42' 37" East – 1223.17', along said common |
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line, (at 872.58' passing a 1/2" iron rod found for the northwest |
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corner of a called 2.016 acre tract described in the deed to Charles |
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J. Wood and Robyn A. Wood recorded under Volume 498, Page 493, in |
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the Deed Records of Waller County, Texas), then continuing along |
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said common line, and the west line of said 2.016 acre tract, to the |
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southwest corner of said 2.016 acre tract, in the north |
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right-of-way line of said Owens Road (found to be 77.5' wide at this |
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point), from which a bent 1/2" iron rod bears North 86° 34' 26" East – |
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1.54''; |
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Thence, South 86° 34' 26" West – 3324.19', along the north |
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right-of-way line of said Owens Road, to the POINT OF BEGINNING and |
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containing 469.7 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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7944A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7944A.0306 to read as |
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follows: |
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Sec. 7944A.0306. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |