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AN ACT
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relating to the creation of the Brazoria County Municipal Utility |
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District No. 64; providing authority to impose a tax and issue |
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bonds; granting a limited 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 8313 to read as follows: |
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CHAPTER 8313. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 64 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8313.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Brazoria County Municipal |
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Utility District No. 64. |
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Sec. 8313.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8313.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8313.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8313.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8313.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8313.006. 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 the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8313.007-8313.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8313.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8313.052, directors serve |
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staggered four-year terms. |
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Sec. 8313.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8313.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8313.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8313.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8313.053-8313.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8313.101. 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. 8313.102. 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. 8313.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8313.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8313.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8313.106. EFFECT OF ANNEXATION BY VILLAGE OF BONNEY. |
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(a) The Village of Bonney may annex part of the territory of the |
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district into its corporate limits without annexing all of the |
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territory of the district under an agreement entered into between |
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the Village of Bonney and the landowners of the land being annexed. |
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The district continues in existence following annexation of part of |
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the territory of the district as described by this subsection. |
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(b) The district shall be dissolved and its debts and |
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obligations assumed by the Village of Bonney in accordance with |
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Chapter 43, Local Government Code, including Sections 43.075 and |
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43.0715, on annexation of all of the territory of the district by |
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the Village of Bonney, provided that: |
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(1) water, sanitary sewer, and drainage improvements, |
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and roads have been constructed to serve at least 95 percent of the |
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territory of the district; and |
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(2) the board adopts a resolution consenting to the |
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dissolution of the district. |
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(c) Notwithstanding Section 54.016(f)(2), Water Code, a |
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contract ("Allocation Agreement") between the Village of Bonney and |
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the district that provides for the allocation of the taxes or |
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revenues of the district and the city following the date of |
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inclusion of all the district's territory in the corporate limits |
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of the city, may provide that the total annual ad valorem taxes |
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collected by the city and the district from taxable property in the |
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district may exceed the city's ad valorem tax on the property. |
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Sec. 8313.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8313.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8313.108. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8313.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8313.003. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8313.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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[Sections 8313.109-8313.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8313.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8313.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8313.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8313.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with 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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Sec. 8313.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8313.154-8313.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8313.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8313.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8313.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Brazoria County Municipal Utility District |
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No. 64 initially includes all the territory contained in the |
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following area: |
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BEGINNING at a concrete monument found in the East |
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right-of-way line of County Road 48 (60.0 feet wide), said point |
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being the Southwest corner of the aforementioned 137.818 acre tract |
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and the Northwest corner of the aforementioned 9.404 acre tract; |
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THENCE North 18 deg. 51 min. 59 sec. West, along the East |
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right-of-way line of County Road 48, a distance of 2790.11 feet to a |
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1 inch iron pipe found for the Northwest corner of the herein |
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described tract at the Northwest corner of said 137.818 acre tract |
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and the Southwest corner of Paloma Acres, Section I, according to |
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the Plat recorded in Volume 21, Pages 165-166, Plat Records; |
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THENCE North 86 deg. 59 min. 40 sec. East, along the |
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North line of said 137.818 acre tract and the South line of Paloma |
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Acres, Section I, at 20.0 feet pass a 1/2 inch iron rod found at the |
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Southwest corner of Lot 1, Section 1, and continue along the South |
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line of Section 1, and Paloma Acres, Section III, according to the |
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Plat recorded in Clerk's File 2006-050280, for a total distance of |
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3368.31 feet to a 1 inch iron pipe found for the Northeast corner of |
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the herein described tract at the Northeast corner of said 137.818 |
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acre tract in the West right-of-way line of State Highway No. 288 |
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which point is the Northwest corner of a tract described as Parcel |
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164 in a deed to the State of Texas for the right-of-way of State |
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Highway No. 288 recorded in Volume 1082, Page 925, Deed Records; |
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THENCE with the line of Parcel 164, being the Westerly |
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right-of-way line of State Highway No. 288, following a curve to the |
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right having a Radius of 11249.16 feet, Central Angle of 06 deg. 39 |
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min. 14 sec., Chord Bearing and Distance of South 24 deg. 58 min. 51 |
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sec. West - 1305.64 feet, for an arc distance of 1306.37 feet to a |
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1/2 inch iron rod set at the P. T. of said curve; |
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THENCE South 27 deg. 36 min. 58 sec. West with the line of |
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Parcel 164 and the line of a tract described as Parcel 165 in Volume |
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1133, Page 85, Deed Records, being the Westerly right-of-way line |
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of State Highway No. 288, a distance of 2053.50 feet to a concrete |
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monument found at the P.C. of a curve to the right; |
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THENCE with the line of Parcel 165, being the Westerly |
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right-of-way line of State Highway No. 288, following said curve to |
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the right having a Radius of 1095.92 feet, Central Angle of 28 deg. |
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40 min. 03 sec., Chord Bearing and Distance of South 56 deg. 26 min. |
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43 sec. West - 542.63 feet, for an arc distance of 548.33 feet to a |
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concrete monument found at the P.T. of said curve; |
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THENCE South 70 deg. 54 min. 55 sec. West with a line of |
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Parcel 165 being the Westerly right-of-way line of State Highway |
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No. 288, a distance of 241.69 feet to a 1/2 inch iron rod set at a |
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cut-back line in said right-of-way; |
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THENCE North 64 deg. 05 min. 05 sec. West with the line of |
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Parcel 165 and said cut-back, a distance of 71.21 feet to a concrete |
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monument found; |
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THENCE North 18 deg. 52 min. 09 sec. West with a line of |
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Parcel 165, a distance of 300.46 feet to a concrete monument found |
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for corner; |
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THENCE South 73 deg. 18 min. 08 sec. West with a line of |
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Parcel 165, a distance of 18.40 feet to a concrete monument found in |
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the East right-of-way line of County Road 48, said point being the |
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Westerly Northwest corner of Parcel 165; |
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THENCE North 21 deg. 09 min. 48 sec. West, along the East |
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right-of-way line of County Road 48 and the West line of the |
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aforementioned 9.404 acre tract, a distance of 273.48 feet to the |
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PLACE OF BEGINNING and containing 148.36 acres of land. |
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BEGINNING at a 1/2 inch iron rod set for the Southwest corner |
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of the herein described tract; the Southwest corner of the Stephen |
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F. Austin League, Abstract 24, the Southeast corner of the Melvin D. |
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Coleman tract described in Volume 1697, Page 696, Deed Records, the |
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Southeast corner of the Stephen F. Austin League, Abstract 25, said |
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point being in the North line of a 209.54 acre tract described in a |
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deed to Doyle McConathy, Jr. recorded in Clerk's File 97-022435, |
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and the North line of the Joshua Abbott League, Abstract 144; |
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THENCE North 03 deg. 37 min. 32 sec. West, along the common |
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line of Abstract 24 and Abstract 25, being the West line of said |
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209.194 acre tract and the East line of the Coleman tract, a |
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distance of 2576.00 feet to a concrete monument found for the |
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Northwest corner of the herein described tract in the South |
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right-of-way line of County Road 618 (60.0 feet wide); |
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THENCE North 87 deg. 18 min. 23 sec. East, along the South |
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right-of-way line of County Road 618, a distance of 3827.69 feet to |
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a 1/2 inch iron rod set for the Northeast corner of the herein |
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described tract in the West right-of-way line of County Road 48; |
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THENCE South 21 deg. 02 min. 56 sec. East, along the West |
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right-of-way line of County Road 48, a distance of 172.26 feet to a |
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concrete monument found for corner at the extreme North corner of a |
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tract described as Parcel 166 in a deed to the State of Texas for the |
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right-of-way of State Highway No. 288 recorded in Volume 1133, Page |
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85, Deed Records; |
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THENCE South 70 deg. 39 min. 19 sec. West with the line of |
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Parcel 166, a distance of 27.31 feet to a concrete monument found |
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for corner; |
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THENCE South 18 deg. 28 min. 39 sec. East with the line of |
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Parcel 166, a distance of 149.88 feet to a concrete monument found |
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at a cut-back corner in said right-of-way; |
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THENCE South 25 deg. 13 min. 03 sec. West with the line of |
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Parcel 166 and said cut-back, a distance of 70.30 feet to a concrete |
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monument found; |
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THENCE South 72 deg. 03 min. 26 sec. West with the line of |
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Parcel 166 being the Westerly right-of-way line of State Highway |
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No. 288, a distance of 51.65 feet to a 1/2 inch iron rod set at the |
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P.C. of a curve to the left; |
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THENCE with the line of Parcel 166, being the Westerly |
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right-of-way line of State Highway No. 288, following said curve to |
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the left having a Radius of 458.37 feet, Central Angle of 90 deg. 00 |
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min. 02 sec., Chord Bearing and Distance of South 26 deg. 02 min. 38 |
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sec. West - 648.24 feet, for an arc distance of 720.01 feet to a |
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concrete monument found at the P. T. of said curve; |
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THENCE South 18 deg. 57 min. 23 sec. East with the line of |
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Parcel 166 being the Westerly right-of-way line of State Highway |
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No. 288, a distance of 311.37 feet to a concrete monument found at |
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the P.C. of a curve to the right; |
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THENCE with the line of Parcel 166, being the Westerly |
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right-of-way line of State Highway No. 288, following said curve to |
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the right having a Radius of 1273.24 feet, Central Angle of 36 deg. |
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46 min. 50 sec., Chord Bearing and Distance of South 00 deg. 40 min. |
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40 sec. East - 803.38 feet, for an arc distance of 817.34 feet to a |
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concrete monument found at the P. T. of said curve; |
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THENCE South 17 deg. 50 min. 15 sec. West with the line of |
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Parcel 166, being the westerly right-of-way line of State Highway |
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No. 288, a distance of 520.91 feet to a 3/4 inch iron pipe found for |
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the Southeast corner of the herein described tract at the Southeast |
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corner of said 209.194 acre tract, the Southwest corner of Parcel |
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166, and the Northeast corner of the aforementioned McConathy |
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tract, said point being in the common line of Abstract 24 and |
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Abstract 144; |
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THENCE South 86 deg. 51 min. 11 sec. West, along the common |
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line of said Surveys being the South line of said 209.194 acre tract |
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and the North line of the McConathy tract, a distance of 3336.59 |
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feet to the PLACE OF BEGINNING and containing 210.77 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. 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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1946 was passed by the House on May |
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15, 2009, by the following vote: Yeas 143, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1946 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |