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AN ACT
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relating to the creation of Fort Bend County Municipal Utility |
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District No. 189; providing authority to impose taxes 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 8210 to read as follows: |
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CHAPTER 8210. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 189 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8210.001. 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. 189. |
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Sec. 8210.002. NATURE OF DISTRICT. The district is created |
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as a 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. 8210.003. 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. 8210.004. 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. 8210.005. 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 contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake in the |
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field notes or in copying the field notes in the legislative process |
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does not in any way 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 or collect an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8210.006-8210.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8210.051. 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 8210.053, directors serve |
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staggered four-year terms. |
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Sec. 8210.052. 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. 8210.053. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Dan LeNeveu; |
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(2) Nikki Ball; |
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(3) Glenn Hansen; |
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(4) Joseph Charles Tusa; and |
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(5) Howard Moon. |
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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 8210.054-8210.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8210.101. 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. 8210.102. 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. 8210.103. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section |
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54.016, 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 land within the district. |
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[Sections 8210.104-8210.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8210.151. 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. 8210.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held in accordance with Section 8210.151, |
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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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Chapter 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 8210.153-8210.200 reserved for expansion] |
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SUBCHAPTER E. BONDS OR OTHER OBLIGATIONS |
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Sec. 8210.201. 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, revenue, 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. 8210.202. 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. Fort Bend County Municipal Utility District No. |
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189 initially includes all the territory contained in the following |
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area: |
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All those certain tracts or parcels containing a total of |
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238.597 acres of land in the William Pettus League, A-68, Fort Bend |
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County, Texas, being all of that certain tract called 9.284 acres |
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conveyed to BGM Land Investments, Ltd., by an instrument of record |
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in File No. 2006124260 of the Official Public Records of said Fort |
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Bend County (F.B.C.O.P.R.); all of that certain tract called 46.415 |
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acres conveyed to said BGM Land Investments, Ltd., by an instrument |
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of record in File No. 2006124259 of the F.B.C.O.P.R.; all of those |
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certain tracts called 179.359 acres and 2.559 acres conveyed to |
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said BGM Land Investments, Ltd., by an instrument of record in File |
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No. 2006086726 of the F.B.C.O.R. and all of that certain tract |
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called 1.000 acres conveyed to said BGM Land Investment, Ltd, by an |
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instrument of record in File No. 2006086725 of the F.B.C.O.P.R. and |
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all of Farm No. 1 thru Farm No. 9, all of Farm No. 39 thru Farm No. 41 |
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and part of Farm No. 15 of the Emigration Land Company Subdivision |
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as recorded in Volume 618, Page 725 of the Plat Records of said Fort |
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Bend County and being more particularly described as Part One |
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containing 236.039 acres and Part Two containing 2.558 acres by |
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metes and bounds as follows, all bearings referenced to the Texas |
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State Plane Coordinate System, South Central Zone; |
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PART ONE |
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BEGINNING at a 2-inch pipe found marking the northwest corner |
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of said 9.284 acre tract, same being on the easterly right-of-way |
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line of F.M. No. 521, 115.0 feet wide, on the common line between |
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said William Pettus League and the William Hall League, A-31, and on |
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the south line of Southern Colony Section One, a subdivision of |
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record on Plat No. 20050137 of the Plat Records of said Fort Bend |
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County; |
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Thence North 86° 59' 51" East, 4,218.75 feet with said common |
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survey line, with the north line of said 9.284 acre tract, with the |
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north line of the aforesaid 1.000 acre tract, with the north line of |
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the aforesaid 179.359 acre tract and with the south line of said |
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Southern Colony to a 1/2-inch iron pipe with a Kalkomey Cap found |
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for corner, the common north corner of Farm No. 40 and 51 and in the |
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center line of a 40.0 foot wide platted roadway (not open) as shown |
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on said Emigration Land Company Subdivision; |
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Thence South 03° 01' 47" East, 2,359.44 feet departing said |
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common and north line, with the common line between Farm No. 40 and |
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51 and Farm No. 41 and 50, with the east line of said 179.359 acre |
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tract and with the centerline of said 40.0 foot wide platted roadway |
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(not open) to a 1/2-inch iron pipe with a Kalkomey cap found for |
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corner on the north right-of-way line of Juliff-Manvel Road, 60.0 |
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feet wide, same being the southeast corner of said 179.359 acre |
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tract; |
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Thence South 86° 58' 17" West, 2,458.02 feet with the north |
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line of said Juliff-Manvel Road and with the south line of said |
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179.359 acre tract to a 1/2-inch iron pipe with a Kalkomey Cap found |
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for corner; |
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Thence South 03° 01' 43" East, 30.00 feet with a west line of |
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said 179.359 acre tract to a cotton picker spindle found for corner |
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on the centerline of Juliff-Manvel Road; |
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Thence South 86° 58' 17" West, 674.01 feet with a south line of |
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said 179.359 acre tract and with the centerline of said |
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Juliff-Manvel Road to a cotton picker spindle found for corner; |
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Thence North 03° 01' 30" West, 30.00 feet with a west line of |
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said 179.359 acre tract to a 1/2-inch iron pipe with a Kalkomey Cap |
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found for corner on the north right-of-way line of Juliff-Manvel |
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Road; |
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Thence South 86° 58' 17" West, 187.93 feet with a south line of |
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said 179.359 acre tract and with the north right-of-way line of |
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Juliff-Manvel Road to a 1/2-inch iron pipe with a Kalkomey Cap found |
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for corner, the southwest corner of said 179.359 acre tract and on |
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the east line of the aforesaid 46.415 acre tract; |
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Thence South 03° 01' 43" East, 30.00 feet with the east line of |
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said 46.415 acre tract to a cotton picker spindle found for corner, |
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the southeast corner of said 46.415 acre tract and on the centerline |
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of the aforesaid Juliff-Manvel Road; |
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Thence South 86° 58' 17" West, 1130.82 feet with the south |
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line of said 46.415 acre tract and with the centerline of said |
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Juliff-Manvel Road to a cotton picker spindle found for corner, the |
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southwest corner of said 46.415 acre tract and on the easterly |
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right-of-way line of the aforesaid F.M. No. 521; |
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Thence North 02° 31' 47" East, with the west line of said |
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46.415 acre tract and with the easterly right-of-way line of F.M. |
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No. 521, at 30.14 feet pass a 5/8-inch iron rod found on the north |
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right-of-way line of Juliff-Manvel Road and continuing in all a |
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total of 1960.12 feet to a 5/8-inch iron rod found for corner, the |
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northwest corner of said 46.415 acre tract and the southwest corner |
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of the aforesaid 9.284 acre tract; |
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Thence North 02° 26' 06" East, 442.48 feet with the easterly |
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right-of-way line of said F.M. No. 521 and with the west line of |
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said 9.284 acre tract to the POINT OF BEGINNING and containing |
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236.039 acres of land. |
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PART TWO |
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BEGINNING at a 1/2-inch iron pipe with a Kalkomey Cap found |
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marking the northwest corner of the aforesaid 2.559 acre tract, |
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same being on the south right-of-way line of Juliff-Manvel Road, |
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60.0 feet wide; |
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Thence North 86° 58' 17" East, 240.76 feet with the north line |
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of said 2.559 acre tract and with the south right-of-way line of |
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Juliff-Manvel Road to a 1/2-inch iron pipe with a Kalkomey Cap found |
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marking the northeast corner of said 2.559 acre tract and the |
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northwest corner of that certain tract called 10.3 acres conveyed |
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to Fabian Valdez by an instrument of record in Volume 2500, Page |
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1181 of the Official Records of Fort Bend County (F.B.C.O.R.); |
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Thence South 02° 50' 17" East, 528.91 feet with the east line |
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of said 2.559 acre tract and with the west line of said 10.3 acre |
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tract to a 1/2-inch iron pipe with a Kalkomey Cap found for corner, |
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the southeast corner of said 2.559 acre tract; |
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Thence North 64° 38' 41" West, 271.49 feet departing said west |
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line and with a south line of said 2.559 acre tract to a 1/2-inch |
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iron pipe with a Kalkomey Cap found for corner, the southwest corner |
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of said 2.559 acre tract; |
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Thence North 03° 03' 00' West, 399.85 feet with the west line |
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of said 2.559 acre tract to the POINT OF BEGINNING and containing |
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2.558 acres of land. |
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Said Part One and Part Two containing a total of 238.597 acres |
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of land. |
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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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lieutenant governor, and speaker of the house of representatives |
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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. 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. 1977 passed the Senate on |
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May 1, 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. 1977 passed the House on |
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May 9, 2007, by the following vote: Yeas 144, Nays 0, two present |
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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 |