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AN ACT
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relating to the creation of the Fort Bend County Municipal Utility |
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District No. 183; providing authority to impose a tax and issue |
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bonds; granting the power of eminent domain. |
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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 8208 to read as follows: |
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CHAPTER 8208. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 183 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8208.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means Fort Bend County Municipal |
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Utility District No. 183. |
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Sec. 8208.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Fort Bend County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8208.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8208.055 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Fort Bend County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8208.004. 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 creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating 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: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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[Sections 8208.005-8208.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8208.051. BOARD OF DIRECTORS; TERMS. (a) The |
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district is governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8208.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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Sec. 8208.053. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) John Randolph; |
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(2) Stacy Eickhoff; |
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(3) Karen Ross; |
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(4) John Neslage; and |
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(5) Stephen Eustis. |
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(b) Notwithstanding Section 8208.051(b), the terms of the |
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first three directors named in Subsection (a) expire on the uniform |
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election date in May 2008, and the terms of the last two directors |
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named in Subsection (a) expire on the uniform election date in May |
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2010. |
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Sec. 8208.054. CONSENT OF MUNICIPALITY REQUIRED. The |
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initial directors may not hold an election under Section 8208.055 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has adopted a |
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resolution consenting to the creation of the district. |
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Sec. 8208.055. CONFIRMATION AND INITIAL DIRECTORS |
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ELECTION. The initial directors shall hold an election to confirm |
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the creation of the district as provided by Section 49.102, Water |
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Code. |
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Sec. 8208.056. EXPIRATION. Sections 8208.053, 8208.054, |
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and 8208.055 and this section expire September 1, 2011. |
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[Sections 8208.057-8208.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8208.101. 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. 8208.102. ROAD PROJECTS. (a) To the extent |
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authorized by Section 52, Article III, Texas Constitution, the |
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district may construct, acquire, improve, maintain, or operate |
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macadamized, graveled, or paved roads or turnpikes, or improvements |
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in aid of those roads or turnpikes, inside the district. |
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(b) A road project must meet or exceed all applicable |
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construction standards, zoning and subdivision requirements, and |
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regulatory ordinances of each municipality in whose corporate |
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limits or extraterritorial jurisdiction the district is located. |
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If the district is located outside the extraterritorial |
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jurisdiction of a municipality, a road project must meet all |
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applicable construction standards, zoning and subdivision |
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requirements, and regulatory ordinances of each county in which the |
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district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by ordinance or |
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resolution. |
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Sec. 8208.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR |
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RESOLUTIONS. The district shall comply with all applicable |
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requirements of any ordinance or resolution adopted by the city |
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council of the City of Alvin. |
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[Sections 8208.104-8208.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8208.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds issued under |
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Section 8208.201. |
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[Sections 8208.152-8208.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8208.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other |
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obligations as provided by Chapters 49 and 54, Water Code, to |
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finance the construction, maintenance, or operation of projects |
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under Sections 8208.101 and 8208.102. |
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(b) The district may not issue bonds to finance projects |
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authorized by Section 8208.102 unless the issuance is approved by a |
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vote of a two-thirds majority of the voters of the district voting |
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at an election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8208.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. Fort Bend County Municipal Utility District No. |
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183 includes all the territory contained in the following area: |
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TRACT I: |
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Being a tract or parcel containing 504.70 acres of land situated in |
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the William Pettus League, Abstract Number 68, Fort Bend County, |
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Texas; being all that certain called 504.6532 acre tract conveyed |
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from J.E. Foster to H.B. Gordon, Trustee by deed recorded in Volume |
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393, Page 64 of the Deed Records Fort Bend County, Texas; being |
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conveyed from H.B. Gordon, Trustee to S. Conrad Weil, Jr., Trustee, |
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16.668% interest as recorded in Clerk's File Number 9329669 of the |
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Deed Records Fort Bend County, Texas; and being conveyed from Aron |
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S. Gordon, Trustee to Asgor, Ltd. 41.666% interest as recorded in |
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Clerk's File Number 9512339 of the Deed Records Fort Bend County, |
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Texas; said 504.70 acre tract being more particularly described as |
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follows (bearings are referenced to the Texas State Plain |
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Coordinate System, South Central Zone, (NAD 83); |
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BEGINNING at a 1-inch iron pipe found in the west right-of-way line |
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of the Missouri-Pacific (I.G. & N.) Railroad (width varies), being |
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in the south line of said William Pettus League and in the north |
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line of the Francis Bingham Survey, Abstract Number 43 and on the |
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south line of Fort Bend County and on the north line of Brazoria |
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County, said iron pipe marking the common northwest corner of that |
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certain called 0.24 acre tract (Tract 3) as recorded in Clerk's File |
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Number 99058295 of the Deed Records Brazoria County, Texas and the |
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northeast corner of that certain called 3.00 acre tract (Tract 2) as |
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recorded in Clerk's File Number 99058295 of the Deed Records |
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Brazoria County, Texas, said iron pipe also marking the southeast |
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corner of said called 504.6532 acre tract and the herein described |
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tract; |
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THENCE, South 87°18'39" West (called South 89°44'40" West, 7,627.20 |
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feet), along the north line of said Francis Bingham Survey and the |
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south line of said William Pettus League, along the north line of |
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Brazoria County and the south line of Fort Bend County, along the |
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north line of said called 3.00 acre tract and the north line of that |
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certain called 373.91 acre tract (Tract 1) as recorded in Clerk's |
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File Number 99058295 of the Deed Records Brazoria County, Texas, |
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and along the south line of said called 504.6532 acre tract, at a |
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distance of 2,183.94 feet passing a found 1/2-inch iron rod which |
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bears South 02°41'21" East, 0.72 feet, at a distance of 4,873.14 |
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feet passing a found Axle which bears South 02°41'21" East, 5.95 |
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feet, continuing, in all, a distance of 7,627.83 feet to a Railroad |
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Rail found marking the southeast corner of that certain called 300 |
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acre tract (Second Tract) as recorded in Volume 226, Page 540 of the |
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Deed Records Fort Bend County, Texas, said Railroad Rail marking |
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the southwest corner of said called 504.6532 acre tract and the |
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herein described tract; |
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THENCE, North 02°44'11" West, (called North 00°18'10 West, 2,820.37 |
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feet), along the east line of said called 300 acre tract and along |
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the west line of said called 504.6532 acre tract, a distance of |
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2,820.37 feet to a 5/8-inch iron rod with "Terra" cap set in the |
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south line of that certain called 294.4 acre tract as recorded in |
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Clerk's File Numbers 9781317 and 9809582 of the Deed Records Fort |
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Bend County, Texas, said iron rod marking the northeast corner of |
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said called 300 acre tract and marking the northwest corner of said |
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called 504.6532 acre tract and the herein described tract, from |
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which a Railroad Rail found marking the southwest corner of said |
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called 294.4 acre tract bears South 87°12'30' West, 4,609.45 feet; |
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THENCE, North 87°01'19" East, (called North 89°27'20" East, 7,674.31 |
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feet), along the south line of said called 294.4 acre tract and |
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along the north line of said called 504.6532 acre tract, a distance |
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of 7,676.59 feet to a 5/8-inch iron rod with "Terra" cap set marking |
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the northwest corner of an old cemetery tract (no deed of record) |
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and marking the most northerly northeast corner of said called |
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504.6532 acre tract and the herein described tract; |
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THENCE, South 02°22'59" West, (called South 04°49'00" West, 196.45 |
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feet), along an easterly line of said called 504.6532 acre tract and |
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along the west line of said cemetery tract, a distance of 195.81 |
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feet to a 1-inch iron pipe found marking the southwest corner of |
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said cemetery tract and marking an interior corner of said called |
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504.6532 acre tract and the herein described tract; |
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THENCE, South 89°07'39" East, (called South 86°41'00" East, 208.85 |
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feet), along a northerly line of said called 504.6532 acre tract and |
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along the south line of said cemetery tract, a distance of 207.11 |
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feet to a 1-inch iron pipe found in the aforesaid west right-of-way |
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line of the Missouri- Pacific (I.G. & N.) Railroad, marking the |
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southeast corner of said cemetery tract and marking the most |
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easterly northeast corner of said called 504.6532 acre tract and |
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the herein described tract, from which the centerline of the old |
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railroad bed bears South 89°07'39" East, 48.7 feet; |
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THENCE, South 02°23'30" West, (called South 04°49'40" West, 2,660.84 |
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feet), along the east line of said called 504.6532 acre tract and |
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along the west right-of-way line of the Missouri- Pacific (I.S. & |
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N.) Railroad, a distance of 2,660.63 feet to the POINT OF BEGINNING |
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and containing 504.70 acres of land. This description is based on |
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the Land Title Survey and p1at made by Terra Surveying Co., dated |
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September, 2005, Project Number 9430-0501-S. |
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TRACT II: |
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Being a tract of land out of the William Pettus Survey, Abstract 68, |
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Fort Bend County, Texas, being more particularly described as |
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follows: |
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Beginning at a point on the south line of Fort Bend County, on the |
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north line of Brazoria County, and the west right of way line of the |
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International & Great Northern Railroad Company, predecessor to |
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Union Pacific Railroad Company, distant 50 feet west from the |
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centerline of track as originally constructed and operated and |
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opposite Railroad Engineer's Station 1307+03; |
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Thence Northeast parallel with said railroad and 50 feet distance |
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at right angles from the centerline of its track 2,660.63 feet to a |
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point; |
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Thence East at right angles, 100 feet to the east right of way line |
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of said railroad, also being the west right of way line of F. M. 521; |
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Thence Southwest parallel and 50 feet distant from the centerline |
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of the railroad track to the south line of Fort Bead County, Texas; |
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Thence West 100 feet along the County line to the Point of |
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Beginning. |
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Save and except any portion lying within the right of way of F. M. |
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521. |
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Contains 6.10 Acres more or less. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1069 passed the Senate on |
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April 26, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1069 passed the House, with |
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amendment, on May 11, 2007, by the following vote: Yeas 144, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |