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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 Montgomery County Municipal Utility |
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District No. 228; 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 7969A to read as follows: |
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CHAPTER 7969A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT |
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NO. 228 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7969A.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 Montgomery County Municipal |
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Utility District No. 228. |
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Sec. 7969A.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. 7969A.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. 7969A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7969A.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. 7969A.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. 7969A.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. 7969A.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 7969A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7969A.0202. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2023, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7969A.0103; or |
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(2) September 1, 2027. |
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(c) If permanent directors have not been elected under |
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Section 7969A.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 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.0306. DIVISION OF DISTRICT. (a) The district |
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may be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7969A.0103 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7969A.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7969A.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(k) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(l) 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7969A.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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7969A.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. 7969A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7969A.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. 7969A.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. 7969A.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. 7969A.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. 7969A.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 Montgomery County Municipal Utility District |
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No. 228 initially includes all the territory contained in the |
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following area: |
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BEING a 319.424 acre tract of land situated in the Clark Beach |
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Survey, Abstract Number 79, Montgomery County, Texas, being a |
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portion of that certain called 1,278.671 acre tract described as |
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"Parcel 2, Tract 1" in instrument to Atakapa, LLC., recorded under |
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Clerk's File Number 2013016070 of the Official Public Records of |
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Montgomery County, Texas (O.P.R.M.C.T.), and all of that certain |
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tract described as "Tract 68, of Security Subdivision, described in |
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instrument to Lone Star Timber II, LP, recorded under Clerk's File |
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Number 200 I 106195, O.P.R.M.C.T., said 319.424 acre tract being |
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more particularly described by metes and bounds as follows: |
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BEGINNING at 5/8 inch iron rod found in the northeasterly margin of |
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Crockett Martin Road for the common westerly comer of said Parcel 2, |
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Tract 1 and that certain called 13.98 acre tract described in |
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instrument to Tee Total Engineering Expectations, LLC., recorded |
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under Clerk's File Number 2016093633, O.P.R.M.C.T., being a |
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southwesterly corner of the herein described 319.424 acre tract; |
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THENCE North 22°38'32" West, 4 I 8.13 feet, with the northeasterly |
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margin of said Crockett Martin Road, a southwesterly I ine of said |
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Parcel 2, Tract I, to a 1/2 inch iron rod with cap stamped "TPS I |
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00834-00" set for an angle point in the northeasterly margin of said |
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Crockett Martin Road, being an angle point in a southwesterly line |
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of the herein described 31 9.424 acre tract; |
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THENCE North 24°02'13" West, 163.31 feet, continuing with the |
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northeasterly margin of said Crockett Martin Road, a southwesterly |
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line of said Parcel 2, Tract I, to a 5/8 inch iron rod found for an |
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angle point in the northeasterly margin of said Crockett Martin |
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Road, being an angle point in a southwesterly line of the herein |
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described 319.424 acre tract; |
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THENCE North 24°51'II" West, 464.87 feet, continuing with the |
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northeasterly margin of said Crockett Martin Road, a southwesterly |
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line of said Parcel 2, Tract I, to a 5/8 inch iron rod with aluminum |
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cap found at a 1 1/2 inch iron pipe for the common westerly comer of |
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said Parcel 2, Tract I and that certain called 2.61 acre tract |
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described in instrument to Anja C. Joyce and Kenton Joyce, recorded |
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under Clerk's File Number 9813446 of the Real Property Records of |
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Montgomery County, Texas (R.P.R.M.C.T.), being the westerly |
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northwest comer of the herein described 319.424 acre tract; |
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THENCE North 82°55'00" East, 281.41 feet, with the common line |
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between said Parcel 2, Tract I and said 2.61 acre tract, to a 5/8 |
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inch iron rod with aluminum cap found at a I 1/2 inch iron pipe for |
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the common easterly comer of said Parcel 2, Tract I and said 2.61 |
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acre tract, being an interior comer of the herein described 319.424 |
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acre tract; |
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THENCE North 02°23'26" West, 319.49 feet, with the easterly line of |
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said 2.61 acre tract and that certain called |
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4.00 acre tract described in instrument to Anja C. Joyce and Kenton |
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Joyce, recorded under Clerk's File Number 9802056, R.P.R.M.C.T., |
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common to a westerly line of said Parcel 2, Tract l, to a 1 1/2 inch |
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iron pipe found for the common westerly corner of said Parcel 2, |
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Tract I and the remainder of that certain called 1.56 acre tract |
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described as "Tract One" in instrument to Enderli Family Living |
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Trust, recorded under Clerk's File Number 2002026404, |
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O.P.R.M.C.T., being a northwesterly corner of the herein described |
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319.424 acre tract; |
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THENCE North 87°30'12" East, 658.45 feet, with the southerly line of |
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said remainder of 1.56 acre tract, and that certain called 2.46 acre |
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tract described in instrument to Richard Ebert, recorded under |
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Clerk's File Number 2006034086, O.P.R.M.C.T., common to a northerly |
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line of said Parcel 2, Tract I, to a 1 inch iron pipe found for the |
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common corner of said Parcel 2, Tract 1, said 2.46 acre tract, and |
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that certain called 19 acre tract described in instrument to John |
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Ganze, recorded under Clerk's File Number 20 I 5084061, |
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O.P.R.M.C.T., being an angle point in a northerly line of the herein |
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described 319.424 acre tract; |
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THENCE North 85°37'24" East, 1,329.41 feet, with the common line |
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between said Parcel 2, Tract 1 and said 19 acre tract, to a 1 inch |
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pinched top iron pipe at a 1/2 inch iron rod found for a common |
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corner of the same, being an interior corner of the herein described |
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319.424 acre tract, from which a 1-1/2 inch iron pipe found for |
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reference bears North 60°14' 16" East, 0.83 feet; |
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THENCE North 03°09'58" West, 661.01 feet, continuing with said |
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common line, to a l 1/2 inch iron pipe found for a common corner of |
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the same, being an interior corner of the herein described 319.424 |
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acre tract; |
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THENCE South 86°27'29" West, 1,321.54 feet, continuing with said |
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common line, to a I inch iron pipe found in an easterly line of that |
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certain called 3.12 acre tract described in instrument to Kelly |
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Kenney, recorded under Clerk's File Number 2018073035, |
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O.P.R.M.C.T., for the common westerly corner of said Parcel 2, |
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Tract 1 and said 19 acre tract, being a southwesterly comer of the |
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herein described 319.424 acre tract, from which a 2 inch iron pipe |
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found for reference bears South 02°56'06" East, 38.45 feet; |
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THENCE North 03°22'48" West, with the easterly line of said 3.12 |
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acre tract, that certain called 4.08 acre tract described in |
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instrument to Sherry Navarro, recorded under Clerk's File Number |
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2021025975, O.P.R.M.C.T., and that certain called 5.47 acre tract |
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described in instrument to Sherry Brewer, recorded under Clerk's |
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File Number 2021025976, O.P.R.M.C.T., common to a westerly line of |
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said Parcel 2, Tract I, at a distance of 58.22 feet, pass a 11/2 inch |
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iron pipe found for reference, at a distance of 58.82 feet, pass a |
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3/8 inch iron rod found for the common easterly corner of said 3. 12 |
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acre tract and said 4.08 acre tract, at a distance of 278.14 feet, |
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pass a 5/8 inch iron rod found for reference, at a distance of |
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654.62 feet, pass a 2 inch iron pipe found for reference, in all, a |
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total distance of |
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660.48 feet, to a 5/8 inch iron rod with aluminum cap found at a l |
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1/2 inch iron pipe in the southerly line of that certain called 5.05 |
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acre tract described as "Tract 2" in instrument to Douglas Edward |
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Young, recorded under Clerk's File Number 99097271, R.P.R.M.C.T., |
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for the common northerly corner of said Parcel 2, Tract 1 and said |
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5.47 acre tract, being a northwesterly corner of the herein |
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described 319.424 acre tract; |
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THENCE North 86°36'04" East, 660.46 feet, with the common line |
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between said Parcel 2, Tract 1 and said 5.05 acre tract, to a 5/8 |
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inch iron rod with aluminum cap found at a I 1/2 inch iron pipe found |
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for a common comer of the same, being an interior comer of the |
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herein described 319.424 acre tract; |
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THENCE North 03°15'45" West, 660.05 feet, with the easterly line of |
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said 5.05 acre tract and that certain called |
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11.64 acre tract described in instrument to Douglas Young, recorded |
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under Clerk's File Number 2011098942, O.P.R.M.C.T., common to a |
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westerly line of said Parcel 2, Tract 1, to a 1 1/2 inch iron pipe |
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found for the common northerly comer of said Parcel 2, Tract 1 and |
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said 11.64 acre tract, being a northwesterly comer of the herein |
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described 319.424 acre tract, from which a 3/8 inch iron rod found |
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for reference bears South 86°35'15" West, 1,087.27 feet; |
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THENCE North 86°23'02" East, 1,975.99 feet, severing, over and |
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across said Parcel 2, Tract 1, to a I 1/2 inch iron pipe found at a |
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5/8 inch iron rod for the northwesterly corner of that certain tract |
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described as "Tracts 55 and 58" of Security Subdivision, Section |
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One, in instrument to Gary Mitchel Lippert, recorded under Clerk's |
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File Number 2015112584, O.P.R.M.C.T., being a northeasterly corner |
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of the herein described 3 I 9.424 acre tract; |
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THENCE with the common line between said Parcel 2, Tract I and said |
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Tracts 55 and 58, the following three (3) courses and distances: |
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South 03°11'45" East, 656.19 feet, to a1/2 inch iron rod with cap |
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stamped "TPS 100834-00" set for comer; |
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North 87°11'48" East, 661.77 feet, to a1/2 inch iron rod with cap |
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stamped "TPS 100834-00" set for comer; |
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North 03°25'52" West, 662.49 feet, to a 1 inch iron pipe found for |
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the northeasterly comer of said Tracts 55 and 58, being a |
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northwesterly comer of the herein described 319.424 acre tract; |
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THENCE North 86°39'04" East, 652.56 feet, severing, over and across |
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said Parcel 2, Tract 1, to a1/2 inch iron rod with cap stamped "TPS |
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100834-00" set for a northeasterly comer of the herein described |
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319.424 acre tract; |
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THENCE South 03°37'03" East, 2,642.97 feet, continuing, over and |
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across said Parcel 2, Tract 1, to a 1 inch iron pipe found, bent, for |
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the easterly common north comer of said Parcel 2, Tract 1, and that |
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certain tract described as being Tract 120 of said Section 1, in |
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instrument to Felix Canseco, recorded under Clerk's File Number |
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8742170, R.P.R.M.C.T., being a southeasterly corner of the herein |
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described 319.424 acre tract; |
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THENCE with the common line between said Parcel 2, Tract I and said |
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Canseco tract, the following three (3) courses and distances: |
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South 86°27'22" West, 660.84 feet, to a 5/8 inch iron rod with cap |
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found for comer; |
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South 03°37'00" East, 329.72 feet, to a1/2 inch iron rod with cap |
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stamped "TPS I 00834-00" set for comer; |
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North 86°27'48" East, at a distance of 659.12 feet, pass a 1 inch |
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iron pipe found, bent, for reference, in all, a total distance of |
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660.85 feet, to a 1/2 inch iron rod with cap stamped "TPS 100834-00" |
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set for the common southerly corner of said Parcel 2, Tract 1 and |
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said Canseco tract, being the northeasterly corner of the herein |
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described 319.424 acre tract; |
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THENCE South 03°37'03" East, 1,034.68 feet, continuing across said |
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Parcel 2, Tract I, to a1/2 inch iron rod with cap stamped "TPS |
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100834-00" set in the northerly line of that certain called 4.00 |
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acre tract described in instrument to Joshua Kevin Perry, recorded |
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under Clerk's File Number 2005129306, O.P.R.M.C.T., being a |
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southeasterly corner of the herein described 319.424 acre tract, |
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from which a 5/8 inch iron rod found for reference bears North |
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86°39'34" East, 1, l 02.43 feet; |
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THENCE South 86°39'34" West, 217.01 feet, with the common line |
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between said Parcel 2, Tract 1 and said 4.00 acre tract, to a 1 1/2 |
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inch iron pipe found for a common comer of the same, being an |
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interior corner of the herein described 319.424 acre tract; |
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THENCE South 03°14'53" East, 681.43 feet, continuing with said |
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common line, to a 5/8 inch iron rod found in the northerly margin of |
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Farm to Market Road 2090 (F.M. 2090), for the common southerly comer |
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of said Parcel 2, Tract I and said 4.00 acre tract, being the |
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southerly southeast comer of the herein described 319.424 acre |
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tract; |
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THENCE North 77°10'20" West, 559.86 feet, with the northerly |
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right-of-way of said F.M. 2090, a southerly line of said Parcel 2, |
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Tract 1, to a 1/2 inch iron rod with cap stamped "TPS l 00834-00" set |
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for the beginning of a curve to the left; |
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THENCE Northwesterly, 809.97 feet, continuing with the northerly |
|
right-of-way of said F.M. 2090, a southerly line of said Parcel 2, |
|
Tract l, along the arc of said curve to the left, having a radius of |
|
5,779.81 feet, a central angle of 08°01'46", a chord that bears |
|
North 81°09'00" West, 809.31 feet, to a1/2 inch iron rod with cap |
|
stamped "TPS 100834-00" set for the common southerly comer of said |
|
Parcel 2, Tract I and that certain called 1.74 acre tract described |
|
in instrument to Innerfaith Disciple House, recorded under Clerk's |
|
File Number 20 I 8099589, O.P.R.M.C.T., being the most southerly |
|
southwest comer of the herein described 319.424 acre tract; |
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THENCE North 03°37'57" West, 1,007.31 feet, with the easterly line |
|
of said I .74 acre tract and the remainder of that certain tract |
|
described as being Lots I 33 and 134 of said Section I, in |
|
instrument to Robert L. Bartlett, recorded under Clerk's File |
|
Number 2019030913, O.P.R.M.C.T., common to a westerly line of said |
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Parcel 2, Tract I, to a 5/8 inch iron rod with aluminum cap found at |
|
a 1 1/2 inch iron pipe for the common northerly comer of said Parcel |
|
2, Tract I and said Bartlett tract, being an interior comer of the |
|
herein described 319.424 acre tract; |
|
THENCE South 86°53'08" West, 659.72 feet, with the northerly line of |
|
said Bartlett tract and that certain called 5.10 acre tract |
|
described as "Tract I" in instrument to John D. Mitchell, recorded |
|
under Clerk's File Number |
|
20 I 7066131, O.P.R.M.C.T., common to a southerly line of said |
|
Parcel 2, Tract 1, to a 5/8 inch iron rod with aluminum cap found at |
|
a l 1/2 inch iron pipe found for the common comer of said Parcel 2, |
|
Tract I, said 5.IO acre tract, and that certain called 28.112 acre |
|
tract described in instrument to Bobby Giles and Renata Giles, |
|
recorded under Clerk's File Number 2016011300, O.P.R.M.C.T., being |
|
an angle point in a southerly line of the herein described 319.424 |
|
acre tract; |
|
THENCE South 87°19'09" West, 1,319.93 feet, with the common line |
|
between said Parcel 2, Tract 1 and said 28.112 acre tract, to a I |
|
inch pinched top iron pipe found at a 1 inch iron pipe found for the |
|
common comer of said Parcel 2, Tract I, said 28.112 acre tract, and |
|
said 13.98 acre tract, being an angle point in a southerly line of |
|
the herein described 3 I 9.424 acre tract; |
|
THENCE South 87°38'49" West, 1,024.19 feet, with the common line |
|
between said Parcel 2, Tract 1 and said 13.98 acre tract, to the |
|
POINT OF BEGINNING. |
|
CONTAINING a computed area of 319.424 acres of land within this |
|
Field Note Description Save and Except the following described |
|
5.090 acre tract: |
|
FIELD NOTE DESCRIPTION 5.090ACRES |
|
IN THE CLARK BEACH SURVEY, ABSTRACT NUMBER 79 MONTGOMERY COUNTY, |
|
TEXAS |
|
BEING a 5.090 acre tract of land situated in the Clark Beach Survey, |
|
Abstract Number 79, Montgomery County, Texas, being all of that |
|
same tract described as "Parcel I", being Farm Tract 75, of said |
|
Section 1, described in instrument to JBMG, LTD., recorded under |
|
Clerk's File Number 9569681, R.P.R.M.C.T., said 5.090 acre tract |
|
being more particularly described by metes and bounds as follows: |
|
BEGINNING at a 5/8 inch iron rod with aluminum cap found at a I inch |
|
pinched top iron pipe for the southerly common east corner of said |
|
Parcel 2, Tract I and said JBMG tract, being the southeasterly |
|
corner of the herein described 5.090 acre tract, from which a 1 inch |
|
iron pipe found, for the easterly common north comer of said Parcel |
|
2, Tract 1 and said Canseco tract bears South 48°23' 51" East, |
|
1,866.30 feet; |
|
THENCE with the common line between said Parcel 2, Tract 1 and said |
|
JBMG tract, the following four (4) courses and distances: |
|
South 86°34' 17" West, 657. IO feet, to a 1 inch pinched top iron |
|
pipe found, disturbed for comer, from which a I inch iron pipe found |
|
at a 1/2 inch iron rod found for the southerly common east corner of |
|
said Parcel 2, Tract I and said 19 acre tract bears South 41°635'3 I" |
|
West, 938.44 feet; |
|
North 04°19'03" West, 336.19 feet, to a 5/8 inch iron rod with cap |
|
found at a 1 inch iron pipe for comer; |
|
North 86°25' 10" East, 658.66 feet, to a 5/8 inch iron rod found at a |
|
1 inch iron pipe for comer; |
|
South 04°02'56" East, 337.92 feet, to the POINT OF BEGINNING. |
|
CONTAINING a computed area of 5.090 acres ofland within this Field |
|
Note Description Save and Except the following described 4.999 acre |
|
tract |
|
FIELD NOTE DESCRIPTION 4.999ACRES |
|
IN THE CLARK BEACH SURVEY, ABSTRACT NUMBER 79 MONTGOMERY COUNTY, |
|
TEXAS |
|
BEING a 4.999 acre tract of land situated in the Clark Beach Survey, |
|
Abstract Number 79, Montgomery County, Texas, being al I of that |
|
same tract described as being Farm Tract 108 of said Section I, |
|
described in instrument to Adeline A. Barnes, et al, recorded under |
|
Clerk's File Number 7506958, R.P.R.M.C.T., said 4.999 acre tract |
|
being more particularly described by metes and bounds as follows: |
|
BEGINNING at a 5/8 inch iron rod with aluminum cap at a I 1/2 inch |
|
iron pipe found for the easterly common south comer of said Parcel |
|
2, Tract I and said Barnes tract, being the southeasterly comer of |
|
the herein described 4.999 acre tract, from which a1/2 inch iron rod |
|
with cap stamped "TPS 100834-00" set for the westerly common south |
|
comer of said Parcel 2, Tract I and said Canseco tract bears South |
|
66°46'02" East, 739.05 feet; |
|
THENCE with the common line between said Parcel 2, Tract I and said |
|
Barnes tract, the following four (4) courses and distances: |
|
I) South 86°39'47" West, 660.00 feet, to a 5/8 inch iron rod found |
|
at a I 1/2 inch iron pipe for comer, from which a 5/8 inch iron rod |
|
found in the northeasterly margin of said Crockett Martin Road for |
|
the common westerly comer of said Parcel 2, Tract 1 and said 13.98 |
|
acre tract bears South 71°56'17" West, 2655.96 feet; |
|
North 03°24'08" West, 330.04 feet. to a 5/8 inch iron rod found at a |
|
I 1/2 inch iron pipe for comer; |
|
North 86°40'24" East, 659.95 feet, to a 5/8 inch iron rod with |
|
aluminum cap found at a I 1/2 inch iron pipe for comer; |
|
South 03°24'41" East, 329.92 feet, to the POINT OF BEGINNING. |
|
CONTAINING a computed area of 4.999 acres of land within this Field |
|
Note Description |
|
LEAVING a computed NET area of309.335 acres of land within this |
|
Field Note Description. |
|
This Field Note Description was prepared from a survey performed on |
|
the ground on April 1, 2021 by Texas Professional Surveying, LLC., |
|
Registered Professional Land Surveyors and is referenced to Survey |
|
Drawing Project Number S458-103-SW S HALF. |
|
Bearings recited hereon are based on GPS observations and are |
|
referenced to the North American Datum (NAO) 1983, Texas State |
|
Plane Coordinate System, Central Zone (4203). |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7969A, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7969A.0307 to read as |
|
follows: |
|
Sec. 7969A.0307. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect September 1, 2023. |