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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 Fort Bend County Municipal Utility |
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District No. 246; 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 7996 to read as follows: |
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CHAPTER 7996. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 246 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7996.0101. 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 Fort Bend County Municipal |
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Utility District No. 246. |
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Sec. 7996.0102. 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. 7996.0103. 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. 7996.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7996.0103 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. 7996.0105. 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. 7996.0106. 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. 7996.0201. 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 7996.0202, directors |
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serve staggered four-year terms. |
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Sec. 7996.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Andrew Chang; |
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(2) Lauren Sposato; |
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(3) Brian Taton; |
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(4) David Pereira; and |
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(5) Jason Jacob. |
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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 7996.0103; 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 7996.0103 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 7996.0103; 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. 7996.0301. 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. 7996.0302. 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. 7996.0303. 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. 7996.0304. 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. 7996.0305. 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. 7996.0401. 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 7996.0403. |
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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. 7996.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7996.0401, 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. 7996.0403. 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. 7996.0501. 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. 7996.0502. 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. 7996.0503. 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 Fort Bend County Municipal Utility District |
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No. 246 initially includes all the territory contained in the |
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following area: |
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A METES & BOUNDS description of a 167.7 acre tract of land in the |
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John Foster 2-1/2 Leagues Grant, Abstract 26, Fort Bend County, |
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Texas, being that certain called 166.17 acre tract recorded under |
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County Clerk's File Number 9619091, Official Public Records, Fort |
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Bend County, Texas, said called 166.17 acre tract being comprised |
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of the residue of a called 190.109 acre tract recorded in Volume |
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493, Page 363, Deed Records, Fort Bend County, Texas, a called 1.95 |
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acre tract recorded in Volume 495, Page 702, Deed Records, Fort Bend |
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County, Texas, and the residue of a called 51.9 acre tract recorded |
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in Volume 493, Page 395, Deed Records, Fort Bend County, Texas, with |
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all bearings based upon the Texas Coordinate System of 1983, South |
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Central Zone, based upon GPS observations. |
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Beginning at a 1/2 inch iron pipe with cap marked "BGE" found in the |
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southwest right-of-way line of F. M. Highway 359 (called 100-feet |
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wide) for the east corner of said called 166.17 acre tract, same |
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being the north corner of an adjoining called 2.0870 acre tract |
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recorded in Volume 2331, Page 261, Official Records, Fort Bend |
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County, Texas, for the east corner and Place of Beginning of the |
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herein described tract, said point being at the intersection of the |
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southwest right-of-way line of F. M. Highway 359 and the northwest |
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right-of-way line of Foster Creek Drive, and being in the southwest |
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line of an adjoining called 0.246 acre tract in deed to the State of |
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Texas recorded in Volume 433, Page 182, Deed Records, Fort Bend |
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County, Texas; |
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Thence South 64 degrees 47 minutes 07 seconds West (called South 67 |
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degrees 33 minutes 36 seconds West) along the southeast line of the |
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herein described tract and said called 166.17 acre tract, same |
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being the northwest line of said adjoining called 2.0870 acre |
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tract, 394.22 feet (called 393.49 feet) to a 2-inch iron pipe found |
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for angle point; |
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Thence South 64 degrees 12 minutes 08 seconds West (called South 66 |
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degrees 57 minutes 54 seconds West) continuing along said line, |
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903.79 feet (called 903.21 feet) to a 1-inch iron pipe found for |
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angle point, said point being a west corner of said adjoining called |
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2.0870 acre tract, same being the east corner of an adjoining called |
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4.7984 acre tract recorded under County Clerk's File Number |
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2020009817, Official Public Records, Fort Bend County, Texas; |
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Thence South 65 degrees 23 minutes 33 seconds West (called South 68 |
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degrees 09 minutes 19 seconds West) along the southeast line of the |
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herein described tract and said called 166.17 acre tract, same |
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being the northwest line of said adjoining called 4.7984 acre |
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tract, and the northwest line of the adjoining called 2.2476 acre |
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tract (Tract 1) recorded under County Clerk's File Number |
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2019076157, Official Public Records, Fort Bend County, Texas, being |
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the Northwest line of the adjoining Foster Creek Estates Section I |
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(unrecorded), 1,323.90 feet (called 1,323.75 feet) to a 3/4 inch |
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iron pipe found for a reentry corner to the herein described tract |
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and said called 166.17 acre tract, same being the northwest corner |
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of said adjoining called 2.2476 acre tract; |
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Thence South 00 degrees 32 minutes 24 seconds West (called South 03 |
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degrees 18 minutes 10 seconds West) along the lower east line of the |
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herein described tract and said called 166.17 acre tract, at 150.33 |
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feet pass a 5/8 inch iron rod with cap marked "Jones Carter |
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Reference Point" set on said line, and continuing for a total |
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distance of 200.33 feet (called 200.33 feet) to a point in the |
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centerline of Jones Creek for the southmost corner of the herein |
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described tract and said called 166.17 acre tract, said point being |
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in the north line of the adjoining Foster Island Estates |
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Subdivision, according to map or plat thereof recorded under County |
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Clerk's File Number 20040121, Plat Records, Fort Bend County, |
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Texas; |
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Thence along the common line of the herein described tract and said |
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adjoining Foster Island Estates Subdivision, and an adjoining |
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called 8.366 acre tract recorded under County Clerk's File Number |
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9896247, Official Public Records, Fort Bend County, Texas, the |
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adjoining Karaugh II Subdivision, according to map or plat thereof |
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recorded under Slide Number 1116-A, Plat Records, Fort Bend County, |
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Texas, the adjoining Karaugh I Subdivision, according to map or |
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plat thereof recorded under Slide Number 1492-B and 1493-A, Plat |
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Records, Fort Bend County, Texas, an adjoining called 7.7856 acre |
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tract recorded under County Clerk's File Number 2008003503, |
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Official Public Records, Fort Bend County, Texas, being Lots 18, 19 |
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and 20 of Bella Vista Subdivision (unrecorded), and an adjoining |
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tract being called Lot 17 recorded under County Clerk's File Number |
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2003047705, Official Public Records, Fort Bend County, Texas, being |
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the centerline of Jones Creek, with the following meanders: |
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North 87 degrees 04 minutes 35 seconds West, 289.67 |
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feet; |
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North 85 degrees 29 minutes 43 seconds West, 251.76 |
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feet; |
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North 84 degrees 40 minutes 36 seconds West, 342.97 |
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feet; |
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North 86 degrees 50 minutes 56 seconds West, 62.39 |
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feet; |
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North 74 degrees 35 minutes 50 seconds West, 55.93 |
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feet; |
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North 66 degrees 11 minutes 06 seconds West, 29.61 |
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feet; |
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North 54 degrees 10 minutes 40 seconds West, 153.83 |
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feet; |
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North 40 degrees 09 minutes 54 seconds West, 134.38 |
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feet; |
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North 27 degrees 37 minutes 35 seconds West, 181.25 |
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feet; |
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North 19 degrees 58 minutes 36 seconds West, 88.57 |
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feet; |
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North 07 degrees 20 minutes 02 seconds West, 72.18 |
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feet; |
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North 01 degree 44 minutes 42 seconds West, 81.65 feet; |
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North 06 degrees 08 minutes 04 seconds East, 124.80 |
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feet; |
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North 15 degrees 03 minutes 32 seconds East, 127.07 |
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feet; |
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North 17 degrees 42 minutes 04 seconds East, 161.56 |
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feet; |
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North 16 degrees 13 minutes 50 seconds East, 258.44 |
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feet; |
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North 16 degrees 18 minutes 33 seconds East, 155.30 |
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feet; |
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North 10 degrees 25 minutes 11 seconds East, 268.61 |
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feet; |
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North 11 degrees 22 minutes 10 seconds East, 221.57 |
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feet; |
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North 00 degrees 44 minutes 27 seconds West, 73.43 |
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feet; |
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North 00 degrees 35 minutes 53 seconds West, 227.47 |
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feet; |
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North 00 degrees 33 minutes 29 seconds West, 338.43 |
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feet to a point for the northwest corner of the herein |
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described tract and said called 166.17 acre tract, |
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same being the southwest corner of an adjoining called |
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55.876 acre tract recorded under County Clerk's File |
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Number 2019037877, Official Public Records, Fort Bend |
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County, Texas, said point being in the east line of the |
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aforementioned adjoining Lot 17; |
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Thence North 87 degrees 02 minutes 40 seconds East (called North 88 |
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degrees 55 minutes 40 seconds East) along the north line of the |
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herein described tract and said called 166.17 acre tract, same |
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being the south line of said adjoining called 55.876 acre tract, the |
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south line of an adjoining called 5.5428 acre tract, an adjoining |
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called 1.419 acre tract, and an adjoining called 15.554 acre tract, |
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all recorded under County Clerk's File Number 2019037877, Official |
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Public Records, Fort Bend County, Texas, at 30.00 feet pass a 5/8 |
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inch iron rod with cap marked "Jones Carter Reference Point" set |
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on said line, at 947.67 feet pass a 3/4 inch iron pipe found on said |
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line for the southeast corner of said adjoining called 1.419 acre |
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tract, same being the southwest corner of said adjoining called |
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50.554 acre tract, and continuing for a total distance of 1,455.77 |
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feet (called 1,468.16 feet) to a 1/2 inch iron pipe with cap marked |
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"BGE" found for angle point, said point being the southeast corner |
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of said adjoining called 50.554 acre tract, same being the |
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southwest corner of an adjoining called 26.623 acre tract recorded |
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under County Clerk's File Number 2011089606, Official Public |
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Records, Fort Bend County, Texas; |
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Thence North 78 degrees 42 minutes 14 seconds East (called North 80 |
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degrees 38 minutes 40 seconds East) along the north line of the |
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herein described tract and said called 166.17 acre tract, same |
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being the south line of said adjoining called 26.623 acre tract, |
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94.16 feet (called 94.16 feet) to a 1/2 inch iron pipe with cap |
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marked "BGE" found for angle point; |
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Thence North 85 degrees 27 minutes 59 seconds East (called North 87 |
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degrees 21 minutes 10 seconds East) continuing along said line, |
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1,232.81 feet (called 1,232.98 feet) to a 1/2 inch iron pipe with |
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cap marked "BGE" found for the northeast corner of the herein |
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described tract and said called 166.17 acre tract, same being the |
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southeast corner of said adjoining called 26.623 acre tract, and |
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being in the southwest right-of-way line of F. M. Highway 359, being |
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the southwest line of an adjoining called 0.084 acre tract in deed |
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to the State of Texas recorded in Volume 433, Page 185, Deed |
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Records, Fort Bend County, Texas; |
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Thence South 23 degrees 48 minutes 05 seconds East (adjoiner called |
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South 22 degrees 09 minutes East) along the northeast line of the |
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herein described tract and said called 166.17 acre tract, same |
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being the southwest right-of-way line of F. M. Highway 359, 571.26 |
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feet (adjoiner called 577.0 feet) to a concrete monument found for |
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angle point; |
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Thence South 24 degrees 24 minutes 26 seconds East (adjoiner called |
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South 22 degrees 47 minutes East) continuing along said line, at |
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84.92 feet pass a 1/2 inch iron rod found 1.36 feet left of said |
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line, at 118.14 feet pass a 1/2 inch iron pipe with cap marked "BGE" |
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found 0.98 feet right of said line, at 821.48 feet pass a concrete |
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monument found on said line, and continuing for a total distance of |
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1,054.61 feet to the Place of Beginning and containing 167.7 acres |
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of land, more or less. |
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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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7996, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7996.0306 to read as follows: |
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Sec. 7996.0306. 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. |