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AN ACT
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relating to the creation of Booth Ranch Municipal Utility District |
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of Fort Bend County, Texas; providing authority to impose taxes and |
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issue 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 8242 to read as follows: |
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CHAPTER 8242. BOOTH RANCH MUNICIPAL UTILITY |
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DISTRICT OF FORT BEND COUNTY, TEXAS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8242.001. 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) "Commission" means the Texas Commission on |
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Environmental Quality or its successors. |
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(3) "Director" means a member of the board. |
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(4) "District" means Booth Ranch Municipal Utility |
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District of Fort Bend County, Texas. |
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Sec. 8242.002. NATURE OF DISTRICT. Booth Ranch Municipal |
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Utility District of Fort Bend County, Texas, is created as a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8242.003. CONFIRMATION ELECTION REQUIRED. The board |
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shall hold an election to confirm the creation of the district as |
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provided by Section 49.102, Water Code. |
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Sec. 8242.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) All land and other property included in the district will |
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benefit from the improvements and services to be provided by the |
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district. |
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(b) The district is created to accomplish the purposes of a |
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municipal utility district as provided by general law. |
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Sec. 8242.005. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of territory described by Section 2 |
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of the Act creating this chapter. |
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(b) The boundaries and field notes of the district form a |
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closure. A mistake in the field notes or in copying the field notes |
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in the legislative process does not in any way affect the |
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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 or collect an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8242.006-8242.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8242.051. BOARD OF DIRECTORS; TERMS. (a) The |
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district is governed by a board of five directors. |
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(b) Except as provided by Section 8242.053, directors serve |
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staggered four-year terms. |
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Sec. 8242.052. 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. 8242.053. INITIAL DIRECTORS. (a) The initial board |
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shall be appointed by the commission upon petition of any landowner |
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in the district. |
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(b) Unless otherwise agreed, the directors shall decide the |
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initial terms of office by lot, with a simple majority of directors |
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serving until the second succeeding directors election and the |
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remaining directors serving until the next directors election. |
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[Sections 8242.054-8242.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8242.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8242.102. 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. 8242.103. MUNICIPAL CONSENT ORDINANCES OR |
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RESOLUTIONS. (a) Subject to the limitations of Section 54.016, |
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Water Code, the district shall comply with all applicable |
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requirements of any ordinance or resolution adopted by the |
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governing body of the municipality that consents to the creation of |
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the district or to the inclusion of lands within the district. |
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(b) Notwithstanding Section 54.016(e), Water Code, the |
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governing body of a municipality which includes within its |
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corporate limits all or a portion of the district may include |
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restrictions in or conditions to its consent to the creation of the |
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district in addition to those set forth in that subsection, |
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including the condition that, at the time such consent is granted, |
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no lands within the district may be within the corporate limits or |
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extraterritorial jurisdiction of any other municipality. |
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[Sections 8242.104-8242.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8242.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by revenues or contract payments from any |
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lawful sources other than ad valorem taxation. |
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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 operation and maintenance tax or |
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issue bonds payable from ad valorem taxes. |
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Sec. 8242.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 8242.151, |
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the district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with the provisions of |
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Section 49.107, Water 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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[Sections 8242.153-8242.200 reserved for expansion] |
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SUBCHAPTER E. BONDS OR OTHER OBLIGATIONS |
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Sec. 8242.201. OBLIGATIONS. The district may issue bonds, |
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notes, or other obligations payable in whole or in part from ad |
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valorem taxes, impact fees, revenues, grants, or other district |
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money, or any combination of those sources, to pay for any |
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authorized district purpose. |
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Sec. 8242.202. TAXES FOR BONDS. At the time bonds payable |
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in whole or in part from ad valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds as the interest |
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becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds when due or the redemption price at any |
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earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. Booth Ranch Municipal Utility District of Fort |
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Bend County, Texas, initially includes all the territory contained |
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in the following area: |
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BEING A 915.7374 ACRE TRACT OF LAND IN THE ABNER KUYKENDALL LEAGUE, |
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ABSTRACT 48, AND THE HENRY JONES LEAGUE, ABSTRACT 39, FORT BEND |
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COUNTY, TEXAS, WITH ALL BEARINGS BEING GRID, COORDINATES ARE TEXAS |
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STATE PLANE, SOUTH CENTRAL ZONE, NAD-83 (1993), BASED UPON GPS |
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OBSERVATIONS OF TRIANGULATION STATION "GEORGE." |
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BEGINNING at a 4-inch angle iron found for the Place of Beginning of |
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the herein described 915.7374 acre tract of land, said point having |
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coordinates of X=3,032,723.77', Y=13,766,317.24'; |
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THENCE North 22 degrees 07 minutes 24 seconds East, at 669.10 feet |
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pass a 5/8 inch iron rod with cap (description not legible) found, |
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and continuing for a total distance of 827.05 feet to a point on the |
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gradient boundary on the right bank of the Brazos River for the |
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northwest corner of the herein described tract; |
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THENCE downstream along the gradient boundary of the right bank of |
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the Brazos River with the following meanders: |
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South 16 degrees 44 minutes 39 seconds East, 41.52 feet; |
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South 73 degrees 11 minutes 59 seconds East, 165.03 feet; |
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South 77 degrees 41 minutes 26 seconds East, 172.10 feet; |
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South 84 degrees 10 minutes 35 seconds East, 214.31 feet; |
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South 75 degrees 02 minutes 24 seconds East, 323.83 feet; |
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South 73 degrees 02 minutes 28 seconds East, 344.02 feet; |
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South 83 degrees 21 minutes 44 seconds East, 35.99 feet; |
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South 85 degrees 10 minutes 12 seconds East, 213.53 feet; |
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South 69 degrees 30 minutes 50 seconds East, 188.68 feet; |
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South 56 degrees 31 minutes 03 seconds East, 82.41 feet; |
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South 62 degrees 04 minutes 17 seconds East, 147.31 feet; |
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South 29 degrees 22 minutes 03 seconds East, 62.61 feet; |
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South 44 degrees 26 minutes 56 seconds East, 269.60 feet; |
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South 46 degrees 08 minutes 30 seconds East, 91.43 feet; |
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South 26 degrees 33 minutes 24 seconds East, 172.82 feet; |
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South 21 degrees 13 minutes 22 seconds East, 187.83 feet; |
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South 25 degrees 50 minutes 14 seconds East, 114.11 feet; |
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South 14 degrees 54 minutes 38 seconds East, 132.51 feet; |
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South 08 degrees 48 minutes 04 seconds East, 96.92 feet; |
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South 01 degrees 25 minutes 42 seconds West, 153.18 feet; |
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South 10 degrees 40 minutes 14 seconds West, 307.44 feet; |
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South 12 degrees 47 minutes 06 seconds West, 329.55 feet; |
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South 14 degrees 00 minutes 04 seconds West, 282.23 feet; |
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South 24 degrees 48 minutes 40 seconds West, 150.24 feet; |
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South 20 degrees 13 minutes 52 seconds West, 100.41 feet; |
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South 15 degrees 57 minutes 16 seconds West, 233.58 feet; |
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South 04 degrees 46 minutes 11 seconds West, 244.22 feet; |
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South 06 degrees 27 minutes 58 seconds East, 150.60 feet; |
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South 09 degrees 25 minutes 46 seconds East, 340.52 feet; |
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South 38 degrees 32 minutes 58 seconds East, 66.69 feet to a |
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point on said gradient; |
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THENCE continuing downstream along the gradient boundary of the |
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right bank of the Brazos River with the following meanders: |
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South 47 degrees 59 minutes 24 seconds East, 210.99 feet; |
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South 72 degrees 55 minutes 53 seconds East, 156.45 feet; |
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South 80 degrees 40 minutes 00 seconds East, 342.63 feet; |
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North 84 degrees 27 minutes 18 seconds East, 100.35 feet; |
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South 88 degrees 24 minutes 53 seconds East, 192.07 feet; |
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South 78 degrees 34 minutes 41 seconds East, 120.62 feet; |
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South 71 degrees 07 minutes 34 seconds East, 124.65 feet; |
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South 46 degrees 23 minutes 22 seconds East, 24.90 feet; |
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South 78 degrees 28 minutes 52 seconds East, 221.94 feet; |
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South 69 degrees 11 minutes 13 seconds East, 88.35 feet; |
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North 60 degrees 19 minutes 57 seconds East, 57.84 feet; |
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North 83 degrees 36 minutes 38 seconds East, 202.16 feet; |
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South 76 degrees 44 minutes 05 seconds East, 455.45 feet; |
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South 70 degrees 10 minutes 30 seconds East, 346.28 feet; |
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South 57 degrees 55 minutes 58 seconds East, 174.08 feet; |
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South 39 degrees 29 minutes 27 seconds East, 107.98 feet; |
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South 62 degrees 48 minutes 29 seconds East, 245.59 feet; |
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South 70 degrees 51 minutes 05 seconds East, 53.10 feet; |
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South 56 degrees 53 minutes 53 seconds East, 112.09 feet; |
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South 60 degrees 24 minutes 22 seconds East, 162.20 feet; |
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South 63 degrees 37 minutes 41 seconds East, 99.04 feet to a |
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point on said gradient on the right bank of the Brazos River for the |
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northeast corner of the herein described 915.7374 acre tract of |
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land; |
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THENCE South 26 degrees 54 minutes 33 seconds West along the east |
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line of the herein described tract, at 140.24 feet pass a ½ inch |
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iron pipe found on said line, and continuing for a total distance of |
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323.73 feet to a 3-inch angle iron found on said line for angle |
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point; |
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THENCE South 27 degrees 56 minutes 38 seconds West continuing along |
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said line, 14.56 feet to a ½ inch iron pipe found on said line for |
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angle point; |
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THENCE South 27 degrees 03 minutes 33 seconds West continuing along |
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said line, 486.47 feet to a ½ inch iron pipe found on said line for |
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an angle point in the east line of the herein described tract; |
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THENCE South 27 degrees 54 minutes 27 seconds West along the east |
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line of the herein described tract, 2,103.77 feet to a 1-1/4 inch |
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iron bar found for the upper southeast corner of the herein |
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described 915.7374 acre tract; |
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THENCE North 67 degrees 24 minutes 19 seconds West, at 1,637.78 feet |
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pass a ½ inch iron rod found on said line, and continuing for a total |
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distance of 3,243.30 feet to a 4-inch angle iron found for a |
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re-entry corner to the herein described 915.7374 acre tract; |
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THENCE South 22 degrees 38 minutes 07 seconds West, 2,700.18 feet to |
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a 1-inch iron pipe found for the middle southeast corner of the |
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herein described tract; |
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THENCE North 67 degrees 18 minutes 53 seconds West, 1,032.10 feet to |
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a 5/8 inch iron rod found for a corner to the herein described |
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tract; |
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THENCE North 22 degrees 06 minutes 05 seconds East, 1,424.05 feet to |
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a ½ inch iron pipe with cap marked "Kalkomey Surveying" set for a |
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re-entry corner to the herein described tract; |
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THENCE North 67 degrees 53 minutes 53 seconds West, 234.95 feet to a ½ |
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inch iron pipe with cap marked "Kalkomey Surveying" set for a |
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re-entry corner to the herein described tract; |
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THENCE South 25 degrees 40 minutes 37 seconds West, 764.19 feet to a ½ |
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inch iron pipe with cap marked "Kalkomey Surveying" set for a |
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re-entry corner to the herein described tract; |
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THENCE South 68 degrees 53 minutes 03 seconds East, 125.40 feet to a ½ |
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inch iron pipe with cap marked "Kalkomey Surveying" set for corner |
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to the herein described tract; |
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THENCE South 15 degrees 51 minutes 17 seconds West, 666.60 feet to a ½ |
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inch iron pipe with cap marked "Kalkomey Surveying" set for corner |
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to the herein described tract; |
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THENCE North 67 degrees 18 minutes 54 seconds West, 35.15 feet to a |
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1-inch iron pipe found for a re-entry corner to the herein described |
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tract; |
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THENCE South 21 degrees 38 minutes 27 seconds West, at 2,040.17 feet |
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pass a 1-inch iron pipe found on said line, and continuing along |
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said line for a total distance of 2,906.22 feet to a 1-inch iron |
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pipe found for the lower southeast corner of the herein described |
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tract, and being in the north right-of-way line of F.M Highway 2759, |
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said point having coordinates of X=3,030,903.69', |
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Y=13,756,145.06'; |
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THENCE North 82 degrees 44 minutes 12 seconds West along the north |
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right-of-way line of F.M Highway 2759, 1,401.42 feet to a ½ inch |
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iron rod found for the lower southwest corner of the herein |
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described tract; |
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THENCE North 20 degrees 19 minutes 13 seconds East, 2,350.24 feet to |
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a ½ inch iron pipe with cap marked "Kalkomey Survey" set for a |
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re-entry corner to the herein described tract; |
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THENCE North 67 degrees 58 minutes 09 seconds West along the upper |
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south line of the herein described tract, 715.46 feet to a 2-inch |
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angle iron found for the upper southwest corner of the herein |
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described tract; |
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THENCE North 22 degrees 04 minutes 08 seconds East, 1,519.58 feet to |
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a 5/8 inch iron rod with cap (description not legible) for angle |
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point to the herein described tract; |
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THENCE North 22 degrees 07 minutes 24 seconds East, 6,601.91 feet to |
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the Place of Beginning and containing 915.7374 acres of land, more |
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or less. |
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SECTION 3. The legislature finds that: |
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(1) proper and 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 by |
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the constitution and laws of this state, including the governor, |
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who has submitted the notice and Act to the Texas Commission on |
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Environmental Quality; |
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(2) the Texas Commission on Environmental Quality has |
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filed its recommendations relating to this Act with the governor, |
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the lieutenant governor, and the speaker of the house of |
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representatives within the required time; |
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(3) the general law relating to consent by political |
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subdivisions to the creation of districts with conservation and |
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reclamation powers and the inclusion of land in those districts has |
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been complied with; and |
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(4) all requirements of the constitution and laws of |
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this state and the rules and procedures of the legislature with |
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respect to the notice, introduction, and passage of this Act have |
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been fulfilled and accomplished. |
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SECTION 4. The legislature finds and declares that the |
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Booth Ranch Municipal Utility District of Fort Bend County, Texas, |
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will not be officially created until passage of a confirmation |
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election, and that securing consent by political subdivisions to |
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the creation of the district prior to the introduction or passage of |
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this Act is impractical due to the uncertainties of the legislative |
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process, and that the constitutional requirement for compliance by |
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the district with the provisions of the general laws now in effect |
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relating to the consent by political subdivisions to the creation |
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and inclusion of land within the district will be met and satisfied |
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if such consent is secured prior to the date and hour of canvassing |
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the returns and declaring the results of such confirmation |
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election. |
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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, 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. 1070 passed the Senate on |
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May 3, 2007, by the following vote: Yeas 31, 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. 1070 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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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 |