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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Fort Bend County Municipal Utility |
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District No. 252; 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 7975A to read as follows: |
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CHAPTER 7975A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 252 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7975A.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 Fort Bend County Municipal |
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Utility District No. 252. |
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Sec. 7975A.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. 7975A.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. 7975A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7975A.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 as required by |
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applicable law. |
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Sec. 7975A.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. 7975A.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. 7975A.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 7975A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7975A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Lester Binnick; |
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(2) Paul Bosin; |
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(3) Jessica Freedson; |
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(4) David Kaegebein; and |
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(5) Francisco Puentes. |
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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 7975A.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 7975A.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 7975A.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. 7975A.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. 7975A.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. 7975A.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. 7975A.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. 7975A.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. 7975A.0306. DIVISION OF DISTRICT. (a) The board, on |
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its own motion or on receipt of a petition signed by the owner or |
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owners of a majority of the assessed value of the real property in |
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the district, may adopt an order dividing the district. |
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(b) An order dividing a district may create one or more new |
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districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided 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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(f) 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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(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) 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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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) 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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(k) A 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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(l) The district may continue to rely on confirmation, |
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directors', bond, or tax elections held prior to the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7975A.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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7975A.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. 7975A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7975A.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. 7975A.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. 7975A.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. 7975A.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. 7975A.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. Fort Bend County Municipal Utility District No. |
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252 initially includes all the territory contained in the following |
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area: |
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A FIELD NOTE DESCRIPTION of a 134.661 acre tract of land in |
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the H. & T.C. RR. Co. Survey, Section No. 35, Abstract No. 223, Fort |
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Bend County, Texas; said 134.661 acre tract of land being out of a |
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called 140.79 acre tract conveyed August and Charles Schendel |
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Properties LLC, as recorded in Fort Bend County Clerk's File |
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No. 2021000402; said tract being more particularly described by |
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metes-and-bounds as follows with the bearings being based on the |
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Texas State Plane Coordinate System, South Central Zone using |
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National Geodetic Survey Continuously Operating Reference |
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Stations: |
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COMMENCING FOR REFERENCE at a 1-inch iron pipe found in the |
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old northeast right-of-way line of State Highway 36 (100 feet wide) |
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for the south corner of a 3.2617 acre tract of land conveyed to |
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State of Texas, per the release of Judgement recorded in Case |
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No. 19-CCV-064214, for the west corner of a 2.118 acre tract |
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conveyed to The State of Texas, as recorded in Fort Bend County |
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Clerk's File No. 2018028140 and for a west corner of said 140.79 |
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acre tract; |
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THENCE, North 41° 54' 36" East - 650.09 feet (called North 44° |
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58' East) to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for |
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a southwest corner and POINT OF BEGINNING of this tract; |
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THENCE, North 41° 54' 36" East - 640.01 feet (called North 44° |
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58' East) to a 1-inch iron pipe found for the east corner of a 9.68 |
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acre tract of land conveyed to Alton Meyen, as recorded in Volume |
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515, Page 214 of the Fort Bend County Deed Records and for an |
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interior corner of this tract; |
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THENCE, North 48° 02' 50" West - 1,316.27 feet (called North |
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44° 57' 20" West - 1,315.9 feet) to a 1-inch iron pipe found for the |
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north corner of a 6.773 acre tract of land conveyed to Consolidated |
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Youth Fair of Needville, as recorded in Volume 1890, Page 1188 of |
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the Fort Bend County Deed Records and for a west corner of this |
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tract; |
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THENCE, North 41° 42' 01" East - 463.14 feet (called North 44° |
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51' East - 462.6 feet) with the southeast line of a 16.66 acre tract |
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of land conveyed to City of Needville, as recorded in Fort Bend |
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County Clerk's File No. 1999056959 to a disturbed 1-inch iron pipe |
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found for the east corner of said 16.66 acre tract and for an |
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interior corner of this tract; |
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THENCE, North 48° 09' 10" West - 1,316.58 feet (called North |
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45° 03' 30" West - 1,317.05 feet) to a 1-inch iron pipe found for the |
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north corner of a 9.21 acre tract of land conveyed to Needville |
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Little League, Inc., as recorded in Fort Bend County Clerk's File |
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No. 2009006224 and for a west corner of this tract; |
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THENCE, North 40° 21' 18" East - 33.97 feet (called North 45° |
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East - 33.9 feet) with the southeast line of a 15.2157 acre tract of |
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land conveyed to Shafqat Ali, a married individual, as recorded in |
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Fort Bend County Clerk's File No. 2020168027 to a 1-inch iron pipe |
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found for a south corner of Stephen Street (50 feet wide), for an |
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east corner of said 15.2157 acre tract and for an angle point of |
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this tract; |
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THENCE, North 37° 27' 56" East - 49.94 feet (called North 36° |
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22' 30" East) with the southeast right-of-way line of said Stephen |
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Street to a 1-inch iron pipe found for an east corner of said |
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Stephen Street, for the south corner of Lot 'B', Block 4 of S. T. |
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Kneitz, Addition No. 1, as recorded in Volume 307, Page 472 of the |
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Fort Bend County Deed Records and for an angle point of this tract; |
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THENCE, North 41° 53' 16" East (called North 45° 35' East) with |
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the southeast line of said Lot 'B', at a distance of 200.02 feet pass |
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a 1-inch iron pipe found for the east corner of said Lot 'B' and for |
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the south corner of Lot 'A' of said Block 4 and continuing with the |
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southeast line of said Lot 'A', at a distance of 400.20 feet pass a |
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car axle found for a south corner of Antonia Street (45 feet wide) |
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and for the east corner of said Lot 'A' and continuing with the |
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southeast right-of-way line of said Antonia Street, at a distance |
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of 445.10 feet pass a 1-inch iron pipe found for the east corner of |
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said Antonia Street and for the south corner of a 1.12 acre tract of |
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land conveyed to Kanak Trust, as recorded in as recorded in Fort |
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Bend County Clerk's File No. 2002132832 and continuing with the |
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southeast line of said 1.12 acre tract for a total distance of |
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623.07 feet to a 1-inch iron pipe found for the east corner of said |
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1.12 acre tract, for the south corner of a 0.816 acre tract of land |
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conveyed to Daniel C. Pieper, et ux, as recorded in Volume 533, Page |
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456 of the Fort Bend County Deed Records and for an angle point of |
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this tract; |
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THENCE, North 40° 02' 10" East - 131.71 feet with the |
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southeast line of said 0.816 acre tract to a 1-inch iron pipe found |
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for the east corner of said 0.816 acre tract and for the north |
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corner of this tract; |
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THENCE, South 48° 04' 57" East (called South 44° 56' East) with |
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the southwest line of a 218.225 acre tract of land conveyed to Old |
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South Plantation, Inc., as recorded in Fort Bend County Clerk's |
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File No. 2015005996, at a distance of 1,334.49 feet pass a 5/8-inch |
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iron rod with cap found for the south corner of said 218.225 acre |
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tract and for the east corner of a 99 acre tract of land conveyed to |
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Joyce Buls Otto, et al, as recorded in Fort Bend County Clerk's File |
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No. 2011012028 and continuing for a total distance of 3,366.40 feet |
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to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for an east |
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corner of this tract; from which a 1-inch iron pipe found in the |
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northwest right-of-way line of Needville-Fairchilds Road (80 feet |
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wide) for the east corner of said140.79 acre tract bears South 48° |
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04' 57" East - 569.52 feet; |
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THENCE, South 41° 55' 03" West - 46.63 feet to a 5/8-inch iron |
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rod with cap stamped "T.E.A.M." set for an angle point of this |
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tract; |
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THENCE, South 11° 59' 14" West - 509.73 feet to a 5/8-inch iron |
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rod with cap stamped "T.E.A.M." set for an angle point of this |
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tract; |
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THENCE, South 48° 18' 05" East - 317.05 feet to a 5/8-inch iron |
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rod with cap stamped "T.E.A.M." set in the northwest right-of-way |
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line of said Needville-Fairchilds Road for an east corner of this |
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tract; |
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THENCE, South 41° 41' 58" West - 2,036.28 feet (called South |
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44° 45' 30" West) with the northwest right-of-way line of said |
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Needville-Fairchilds Road to a 5/8-inch iron rod with cap stamped |
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"T.E.A.M." set at the intersection of the northwest right-of-way |
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line of said Needville-Fairchilds Road with the northeast |
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right-of-way line of said State Highway 36 for the east end of a |
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cutback at said intersection and for a south corner of this tract; |
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THENCE, South 87° 00' 19" West - 68.30 feet (called South 87° |
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00' 44" West - 55.80 feet) with said cutback to a 5/8-inch iron rod |
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with cap stamped "T.E.A.M." set for the west end of said cutback and |
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for a south corner of this tract; |
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THENCE, North 48° 01' 12" West - 601.74 feet (called North 48° |
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00' 47" West - 601.74 feet) with the northeast right-of-way line of |
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said State Highway 36 to a TxDOT disc found for a |
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point-of-curvature; |
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THENCE, in a northwesterly direction with the northeast |
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right-of-way line of said State Highway 36 and with a curve to the |
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left having a radius of 5,790.00 feet (called 5,7900.00 feet), a |
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central angle of 01° 08' 45" (called 01° 08' 45"), a length of 115.78 |
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feet (called 115.78 feet) and a chord bearing North 48° 35' 35" West |
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- 115.78 feet (called North 48° 35' 10" West - 115.78 feet) to a |
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TxDOT disc found for a point-of-tangency; |
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THENCE, North 49° 09' 57" West - 409.61 feet (called North 49° |
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09' 32" West - 409.61 feet) with the northeast right-of-way line of |
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said State Highway 36 to a TxDOT disc found for an interior corner |
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of said 2.118 acre tract conveyed to the State of Texas and for a |
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west corner of this tract; |
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THENCE, North 38° 28' 29" East - 650.49 feet (called North 38° |
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28' 01" East - 650.47 feet) with said 2.118 acre tract to a TxDOT |
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disc found for an interior corner of this tract; |
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THENCE, North 54° 52' 51" West - 87.52 feet (called North 54° |
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52' 22" West - 86.85 feet) with said 2.118 acre tract to the POINT OF |
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BEGINNING and containing 134.661 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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7975A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7975A.0307 to read as |
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follows: |
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Sec. 7975A.0307. 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, 2023. |