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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. 49; 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 7992A to read as follows: |
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CHAPTER 7992A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 49 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7992A.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. 49. |
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Sec. 7992A.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. 7992A.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. 7992A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7992A.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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general law. |
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Sec. 7992A.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. 7992A.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. 7992A.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 7992A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7992A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Heather Sides; |
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(2) Rosie Schneider; |
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(3) Deborah Johnson; |
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(4) Samantha Harn; and |
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(5) Anthony Miranda. |
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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 7992A.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 7992A.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 7992A.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. 7992A.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. 7992A.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. 7992A.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. 7992A.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. 7992A.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. 7992A.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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7992A.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. 7992A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7992A.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. 7992A.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. 7992A.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. 7992A.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. 7992A.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 |
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No. 49 initially includes all the territory contained in the |
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following area: |
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TRACT I: |
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BEING a 258.3 acre (11,250,068 square foot) tract of land |
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situated in the H. & T.C. R.R. Co. Survey, Section 79, Abstract |
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No. 157 of Waller County, Texas and being all of a called 258.270 |
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acre tract of land described as Tract I in an instrument to Freeland |
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(Houston) ASLI X, LLC recorded under Waller County Clerk's File |
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Number (W.C.C.F. No.) 2215430, said 258.3 acre tract of land |
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described by metes and bounds as follows, with all bearings based on |
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the Texas Coordinate System of 1983 (NAD83), South Central Zone |
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4204 and referenced to monuments found along the perimeter of said |
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Tract I as cited herein: |
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BEGINNING at the Southeast corner of the herein described |
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tract and said Tract I, same being a Northerly right-of-way corner |
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of Morton Road (with varies, as occupied), lying on the West line of |
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a called 532.516 acre tract of land as described in an instrument to |
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Morton and 2855-NW, LLC recorded under Vol. 1410, Pg. 72 of the |
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Waller County Deed Records (W.C.D.R.), from which a found 5/8-inch |
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iron rod bears N 79°43' E, a distance of 0.32 feet; |
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THENCE, S 87°59'32" W, along and with the South line of said |
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Tract I and the North right-of-way line of said Morton Road, at a |
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distance of 650.05 pass a found 5/8-inch iron rod, continuing along |
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and with the South line of said Tract I and the North right-of-way |
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line of said Morton Road, a total distance of 2,757.78 feet to the |
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Southwest corner of the herein described tract and said Tract I, |
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same being the Southeast corner of a called 5.982 acre tract of land |
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described as Tract III in an instrument to City of Houston, Texas |
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recorded under Vol. 397, Pg. 65 of the W.C.D.R., from which a found |
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bent 5/8-inch iron rod bears S 60°23' W, a distance of 0.37 feet; |
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THENCE, N 16°19'33" W, along and with a Westerly line of said |
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Tract I and the East line of said Tract III, a distance of 2,203.11 |
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feet to the most Westerly Northwest corner of the herein described |
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tract and said Tract I, lying on the South line of a called 706.172 |
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acre tract of land described as Tract I in an instrument to City of |
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Houston, Texas recorded under Vol. 397, Pg. 51 and Vol. 397, Pg. 65 |
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of the W.C.D.R., from which a found 5/8-inch iron rod found bears N |
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02°32' W, a distance of 0.31 feet; |
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THENCE, N 73°40'27" E, along and with a Northerly line of said |
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Tract I and the South line of said 706.172 acre tract, a distance of |
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2,305.00 feet to a 5/8-inch iron rod found for an interior corner of |
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the herein described tract and said Tract I, same being the |
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Southeast corner of said 706.172 acre tract; |
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THENCE, N 16°19'33" W, along and with a Westerly line of said |
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Tract I and the East line of said 706.172 acre tract, at a distance |
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of 1,643.63 feet pass a found 5/8-inch iron rod, continuing along |
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and with a Westerly line of said Tract I and the East line of said |
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706.172 acre tract, a total distance of 2,619.16 feet to a 5/8-inch |
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iron rod found for the most Northerly Northwest corner of the herein |
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described tract and said Tract I, same being the Southwest corner of |
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a called 556.084 acre tract as described in an instrument to |
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Freeland (Houston) ASLI X, LLC recorded under W.C.C.F. No. 2115429; |
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THENCE, N 87°59'33" E, along and with the North line of said |
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Tract I and the South line of said 556.084 acre tract, a distance of |
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1,717.00 feet to a 1/2-inch iron rod with aluminum cap found for the |
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Northeast corner of the herein described tract and said Tract I and |
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the Southeast corner of said 556.084 acre tract, same being the |
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Southwest corner of a called 318.743 acre tract of land described as |
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Tract 7 in an instrument to Hilcorp Energy I, LP recorded under |
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W.C.C.F. No. 1909037 and the Northwest corner of a called 79.794 |
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acre tract of land described as Tract 8 in a instrument to Hilcorp |
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Energy I, LP recorded under W.C.C.F. No. 1909468, from which a |
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found 1/2-inch iron rod bears N 37°22' E, a distance of 5.54 feet; |
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THENCE, S 02°00'26" E, along and with the East line of said |
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Tract I and the West line of said Tract 8, at a distance of 1,320.86 |
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feet pass the Southwest corner of said Tract 8 and the Northwest |
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corner of said 532.516 acre tract, continuing along and with the |
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East line of said Tract I and the West line of said 532.516 acre |
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tract, a total distance of 5,242.51 feet to the POINT OF BEGINNING |
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and containing 258.3 acres (11,250,068 square feet) of land. |
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TRACT II: |
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BEING a 206.6 acre (8,999,215 square foot) tract of land |
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situated in the H. & T.C. R.R. Co. Survey, Section 82, Abstract |
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No. 290, the H. & T.C. R.R. Co. Survey, Section 79, Abstract |
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No. 157, and the H. & T.C. R.R. Co. Survey, Section 70, Abstract |
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No. 328 of Waller County, Texas and being all of a called 206.593 |
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acre tract of land described as Tract II in an instrument to |
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Freeland (Houston) ASLI X, LLC recorded under Waller County Clerk's |
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File Number (W.C.C.F. No.) 2115430, said 206.6 acre tract of land |
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described by metes and bounds as follows, with all bearings based on |
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the Texas Coordinate System of 1983 (NAD83), South Central Zone |
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4204 and referenced to monuments found along the perimeter of said |
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206.593 acre tract as cited herein: |
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BEGINNING at a 5/8-inch iron rod found for the Southwest |
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corner of the herein described tract and said 206.593 acre tract, |
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same being a Northerly right-of-way corner of Morton Road (width |
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varies, as occupied), lying on the East line of a called 317.3080 |
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acre tract of land as described in an instrument to Lyndon Bing |
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recorded under Vol. 361, Pg. 50 of the Waller County Deed Records |
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(W.C.D.R.); |
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THENCE, N 02°02'55" W, along and with the West line of said |
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206.593 acre tract and the East line of said 317.3080 acre tract, at |
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a distance of l,677.23 feet pass the Northeast corner of said |
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317.3080 acre tract and the Southeast corner of a called 272.550 |
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acre tract of land as described in an instrument to Morton Newman |
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Partners, LLC recorded under Vol. 1052, Pg. 5 of the W.C.D.R., |
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continuing along and with the West line of said 206.593 acre tract |
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and the East line of said 272.550 acre tract, at a distance of |
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2,686.82 feet pass a 1-inch iron pipe found for the Northeast corner |
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of said 272.550 acre tract and the Southeast corner of a called |
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152.694 acre tract of land as described in an instrument to |
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Poarch/Swinbank LLC recorded under W.C.C.F. No. 2102032, |
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continuing along and with the West line of said 206.593 acre tract |
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and the East line of said 152.694 acre tract, a total distance of |
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5,242.52 feet to a Westerly corner of said 206.593 acre tract and |
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the herein described tract, same being the Northeast corner of said |
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152.694 acre tract, lying on the South line of a called 563.770 acre |
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tract of land described as Exhibit A in an instrument to LSEK |
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Waller, LP recorded under Vol. 1338, Pg. 106 of the W.C.D.R., from |
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which a found 5/8-inch iron rod bears N 77°26' E, 0.33 feet; |
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THENCE, N 87°59'32" E, along and with the South line of said |
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563.770 acre tract and a Northerly line of said 206.593 acre tract, |
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a distance of 17.47 feet to an interior corner of the herein |
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described tract and said 206.593 acre tract, same being the |
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Southeast corner of said 563.770 acre tract, from which a found |
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5/8-inch iron rod with cap stamped "JONES & CARTER" bears S 60°20 E, |
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0.45 feet; |
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THENCE, N 02°00'50" W, along and with the East line of said |
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563.770 acre tract and a Westerly line of said 206.593 acre tract, a |
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distance of 263.19 feet to the Northwest corner of the herein |
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described tract and said 206.593 acre tract, same being an Easterly |
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corner of said 563.770 acre tract, the Southeast corner of a called |
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719.600 acre tract of land described as Tract II in an instrument to |
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City of Houston, Texas recorded under Vol. 397, Pg. 51 and Vol. 397, |
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Pg. 65 of the W.C.D.R., and the Southwest corner of a called 706.172 |
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acre tract of land described as Tract I in an instrument to City of |
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Houston, Texas recorded under Vol. 397, Pg. 51 and Vol. 397, Pg. 65 |
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of the W.C.D.R., from which a found 5/8-inch iron rod bears S 25°19' |
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E, a distance of 0.33 feet; |
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THENCE, N 87°59'32" E, along and with the North line of said |
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206.593 acre tract and a Southerly line of said 706.172 acre tract, |
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a distance of 862.29 feet to the Northeast corner of the herein |
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described tract and said 206.593 acre tract, same being an interior |
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corner of said 706.172 acre tract, from which a found |
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5/8-inch iron rod with cap stamped "JONES & CARTER" bears S 62°31' W, |
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a distance of 0.67 feet; |
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THENCE, S 16°19'33" E, along and with an Easterly line of said |
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206.593 acre tract and the West line of said 706.172 acre tract, a |
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distance of 3,545.46 feet to an interior corner of the herein |
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described tract and said 206.593 acre tract, same being the |
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Southwest corner of said 706.172 acre tract, from which a found |
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5/8-inch iron rod bears S 49°22' W, a distance of 0.58 feet; |
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THENCE, N 73°40'27" E, along and with a Northerly line of said |
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206.593 acre tract and the South line of said 706.172 acre tract, a |
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distance of 140.00 feet to a 5/8-inch iron rod found for an Easterly |
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corner of said 206.593 acre tract and the herein described tract, |
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same being the Northwest corner of a called 5.982 acre tract of land |
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described as Tract III in an instrument to City of Houston, Texas |
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recorded under Vol. 397, Pg. 65 of the W.C.D.R.; |
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THENCE, S 16°19'33" E, along and with an Easterly line of said |
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206.593 acre tract and the West line of said 5.982 acre tract, a |
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distance of 2,172.48 to a 5/8-inch iron rod with cap stamped "JONES & |
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CARTER" found for the Southeast corner of the herein described |
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tract and said 206.593 acre tract, same being the Southwest corner |
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of said 5.982 acre tract, lying on the North right-of-way line of |
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said Morton Road; |
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THENCE, S 87°59'32" W, along and with the South line of said |
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206.593 acre tract and the North |
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right-of-way line of said Morton Road, a distance of 2,425.72 feet |
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to the POINT OF BEGINNING and containing 206.6 acres (8,999,215 |
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square feet) 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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7992A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7992A.0306 to read as |
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follows: |
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Sec. 7992A.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, 2023. |