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AN ACT
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relating to the creation of the Fort Bend County Municipal Utility |
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District No. 192; 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 8330 to read as follows: |
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CHAPTER 8330. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 192 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8330.001. 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 Fort Bend County Municipal |
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Utility District No. 192. |
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Sec. 8330.002. 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. 8330.003. 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. 8330.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 8330.003 |
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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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(b) Subject to the limitations of Section 54.016, Water |
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Code, the district shall comply with all applicable requirements of |
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any ordinance or resolution adopted by the governing body of the |
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municipality that consents to the creation of the district or to the |
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inclusion of lands within the district. |
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(c) In addition to the restrictions and conditions |
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described by Section 54.016(e), Water Code, a municipality that |
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contains district territory in its corporate limits or |
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extraterritorial jurisdiction may include in the municipality's |
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consent any restriction on or condition to the municipality's |
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consent to the creation of the district, including a limitation on |
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the powers of the district otherwise granted by this chapter. |
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Sec. 8330.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 8330.006. 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 8330.007-8330.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8330.051. 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 8330.052, directors serve |
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staggered four-year terms. |
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Sec. 8330.052. 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 8330.003; 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 8330.003 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 8330.003; 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 8330.053-8330.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8330.101. 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. 8330.102. 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. 8330.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the Texas Commission on Environmental Quality as required by |
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Section 54.234, Water Code. |
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Sec. 8330.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8330.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8330.105. 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 8330.103; 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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[Sections 8330.106-8330.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8330.151. 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: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8330.153. |
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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. 8330.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8330.151, 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. 8330.153. 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 8330.154-8330.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8330.201. 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. 8330.202. 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. 8330.203. 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 Fort Bend County Municipal Utility District |
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No. 192 initially includes all the territory contained in the |
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following area: |
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TRACT I |
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Being a 37.73-acre (1,643,604 square feet) tract of land |
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situated in the Abner Kuykendall League, A-48, Fort Bend County, |
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Texas, and being portion of a called 53.9470-acre tract of land |
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designated Tract "A" as recorded under File Number 9725698, Fort |
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Bend County Official Records (F.B.C.O.R.). Said 37.73-acre tract |
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of land being more particularly described by metes and bounds as |
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follows, with all bearings referenced to the Texas Coordinate |
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System of 1983, South Central Zone. All distances are surface based |
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on the surface coordinates (X = 3,038,374.04, Y = 13,790,244.28) of |
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N.G.S. Control Monument "HGCSD 70" 1983 adjustment: |
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BEGINNING at a 3-inch by 4-inch iron bar found marking the |
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northerly right-of-way line of Thompson Road (F.M. 762)(100 feet |
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wide) and the westerly line of the C.I. McFarlane called 2.2-acre |
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tract as recorded under Volume 126, Page 197 of the Fort Bend County |
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Deed Records (F.B.C.D.R.), also being the most southerly southwest |
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corner of said 53.9470 acre Tract "A", and being in the easterly |
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line of a called 681.81-acre tract as recorded under Volume 510, |
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Page 213 of said F.B.C.D.R.; |
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THENCE, North 20°11'32" East, departing said Thompson Road a |
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distance of 362.29 feet along a common line of said 53.9470-acre |
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Tract "A", and said 681.81-acre tract to a point marking the |
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northeasterly corner said 681.81-acre tract and an interior corner |
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of said Tract "A"; |
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THENCE, North 66°39'25" West, along the line common to said |
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53.9470-acre Tract "A" and said 681.81-acre tract, a distance of |
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433.02 feet to an angel point from which a one-inch iron pipe found |
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bears N 65°16' E, 0.83 feet; |
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THENCE, North 67°18'25" West, continuing along the line |
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common to said 53.9470-acre Tract "A" and said 681.81-acre tract, a |
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distance of 550.00 feet to an angel point from which a 5/8-inch iron |
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rod found bears N 12°21' E, 0.35 feet; |
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THENCE, North 66°51'25" West, continuing along the line |
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common to said 53.9470-acre Tract "A" and said 681.81-acre tract, a |
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distance of 331.00 feet to an angel point from which a 5/8-inch iron |
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rod found bears N 24°21' E, 0.35 feet; |
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THENCE, North 67°20'14" West, continuing along the line |
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common to said 53.9470-acre Tract "A", and said 681.81-acre tract, |
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a distance of 770.26 feet to a 5/8-inch iron rod with cap stamped |
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"Kalkomey Surveying" found for the southwesterly corner of the |
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herein described tract; |
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THENCE, North 21°52'30" East, departing said common line, a |
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distance of 640.02 feet to a p.k. nail set for corner in the |
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centerline of Macek Road (60 feet wide); |
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THENCE, South 68°11'55" East, along the centerline of said |
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Macek Road, a distance of 268.46 feet to a p.k. nail set for corner; |
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THENCE, South 68°02'25" East, along the centerline of said |
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Macek Road and along the southerly line of a called 8.6445 acre |
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tract as recorded under File Number 9707473 of said F.B.C.O.R., |
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passing at 579.12 feet a 5/8-inch iron rod with cap stamped |
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"Kalkomey Surveying" found for the southeast corner of said 8.6445 |
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acre tract, being the southwest corner of a called 0.50 acre tract |
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as recorded under File Number 9520600 of said F.B.C.O.R., also |
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being an angle point in said Macek Road, and continuing along the |
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line common to said 53.9470 acre Tract "A", and said 0.50 acre tract |
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for a total distance of 560.40 feet to a 5/8-inch iron rod found for |
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an interior corner; |
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THENCE, North 23°11'42" East, along the line common to said |
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53.9470 acre Tract "A" and said 0.50 acre tract a distance of 163.89 |
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feet to a 5/8-inch iron rod with cap stamped "SURVCON INC." set for |
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the southwest corner of a called 53.9470 acre Tract "B" as recorded |
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under File Number 9707473 of said F.B.C.O.R., and being an angle |
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point in the northerly line of said Tract "A"; |
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THENCE, South 68°02'25" East, along the line common to said |
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53.9470 acre Tract "A" and said 53.9470 acre Tract "B", a distance |
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of 1,295.70 feet to a 5/8-inch iron rod found for the northeast |
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corner of said Tract "A", being an interior corner of said Tract |
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"B"; |
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THENCE, South 20°11'32" West, continuing along the line |
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common to said Tracts "A" and "B", a distance of 1,182.38 feet to an |
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angel point from which a one-inch iron pipe found bears S 24°49' E, |
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0.64 feet for the common south corner of said Tracts "A" and "B", |
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and being in the aforementioned northerly right-of-way line of |
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Thompson Road; |
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THENCE, North 83°18'50" West, along said northerly |
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right-of-way line, a distance of 70.97 feet to the POINT OF |
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BEGINNING, containing a computed area of 37.73 acres (1,643,604 |
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square feet) of land. |
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TRACT II |
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FIELD NOTES FOR A 8.632 ACRE TRACT OF LAND OUT OF THE PICKENS |
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LABOR IN THE ABNER KUYKENDALL LEAGUE, ABSTRACT 48, FORT BEND |
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COUNTY, TEXAS, SAID 8.632 ACRE TRACT BEING THAT CERTAIN CALLED |
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8.6445 ACRE TRACT (EXHIBIT "C") IN DEED TO THE ZWIENER FAMILY |
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LIMITED PARTNERSHIP RECORDED IN COUNTY CLERK'S FILE NO. 9707473, |
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OFFICIAL PUBLIC RECORDS, FORT BEND COUNTY, TEXAS, AND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: WITH ALL |
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BEARINGS BASED ON THE EAST LINE OF THE AFOREMENTIONED CALLED 8.6445 |
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ACRE TRACT, BEING THE EAST LINE OF THE HEREIN DESCRIBED 8.632 ACRE |
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TRACT, AND BEING WITHIN THE MARGINS OF MACEK ROAD AND BEING SOUTH 26 |
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DEGREES 13 MINUTES 00 SECONDS WEST. |
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BEGINNING at a 5/8 inch iron rod found at the lower south |
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corner of the aforementioned called 8.6445 acre tract of land, same |
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being the west corner of an adjoining called 0.50 acre tract of land |
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described in deed recorded in County Clerk's File No. 1999018432, |
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Official Public Records, Fort Bend County, Texas, being in the |
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northeast line of an adjoining called 53.9470 acre tract of land |
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described in deed recorded in County Clerk's File No. 9725698, |
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Official Public Records, Fort Bend County, Texas, as located within |
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the margins of Macek Road and being the lower south corner and Place |
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of Beginning of the herein described 8.632 acre tract of land; |
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THENCE North 65 degrees 05 minutes 45 seconds West (called |
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North 65 degrees 01 minute West) along the common line of the |
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aforementioned called 8.6445 acre tract of land and the |
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aforementioned adjoining called 53.9470 acre tract of land as |
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located in Macek Road, 280.37 feet (called 280.10 feet) to a cotton |
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picker spindle set on said line for the lower west corner of the |
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herein described 8.632 acre tract of land; |
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THENCE North 26 degrees 13 minutes 00 seconds East (called |
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North 26 degrees 13 minutes East), 20.00 feet (called 20.00 feet) to |
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a 2 inch iron bar found in the northeast margin of Macek Road for a |
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re-entry corner to the herein described 8.632 acre tract of land, |
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from which point a found 3/4 inch iron pipe bears North 22 degrees |
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18 minutes 20 seconds East, 1.30 feet; |
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THENCE North 65 degrees 01 minute 50 seconds West (called |
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North 65 degrees 01 minute West) along the northeast line of Macek |
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Road, 123.34 feet (called 123.66 feet) to a 5/8 inch iron rod found |
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for the upper west corner of the herein described 8.632 acre tract |
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of land, same being the upper west corner of the aforementioned |
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called 8.6445 acre tract of land, and being the south corner of an |
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adjoining called 1.00 acre tract of land described in deed recorded |
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in County Clerk's File No. 9576651, Official Public Records, Fort |
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Bend County, Texas; |
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THENCE North 26 degrees 04 minutes 39 seconds East (called |
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North 26 degrees 03 minutes 53 seconds East) along the common line |
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of the aforementioned called 8.6445 acre tract of land, and the |
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aforementioned adjoining called 1.00 acre tract of land, at 435.72 |
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feet pass a 2 inch iron pipe found on said line for the east corner |
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of the aforementioned adjoining called 1.00 acre tract of land, |
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same being a south corner of an adjoining residue of a called 20 |
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acre tract of land recorded in Cause No. 16049, Probate Records, |
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Fort Bend County, Texas, and described in Volume 704, Page 1, Deed |
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Records, Fort Bend, County, Texas, at 1,404.00 feet pass a 2 inch |
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iron pipe with cap marked "Kalkomey Surveying" set for reference on |
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said line at the southerly high bank of Rabbs Bayou and continuing |
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for a total distance of 1,565.62 feet (called 1,565.62 feet) to a |
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point in the center line of Rabbs Bayou for the north corner of the |
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herein described 8.632 acre tract of land, same being the north |
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corner of said called 8.6445 acre tract of land, being in the |
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southeast line of the aforementioned adjoining residue of a called |
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20 acre tract of land, and being a west corner of an adjoining |
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called 10.5247 acre tract of land described in deed recorded in |
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County Clerk's File No. 2000023853, Official Public Records, Fort |
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Bend County, Texas; |
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THENCE South 84 degrees 56 minutes 49 seconds East (called |
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South 86 degrees 04 minutes 53 seconds East) along the center line |
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of Rabbs Bayou, being the common line of the aforementioned called |
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8.6445 acre tract of land and the aforementioned adjoining called |
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10.5247 acre tract of land, 136.30 feet (called 138.10 feet) to a |
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point in the center line of Rabbs Bayou for the upper east corner of |
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the herein described 8.632 acre tract of land, same being the north |
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corner of an adjoining residue of a called 17.86 acre tract of land |
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(4.0591 acres) described in deed recorded in Volume 140, Page 114, |
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Deed Records, Fort Bend County, Texas; |
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THENCE South 26 degrees 13 minutes 00 seconds West (called |
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South 26 degrees 13 minutes 00 seconds West) along the common line |
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of the aforementioned called 8.6445 acre tract of land and the |
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aforementioned adjoining residue of a called 17.86 acre tract of |
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land, at 103.00 feet pass a 2 inch iron pipe found on said line for |
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reference at the southerly high bank of Rabbs Bayou, and continuing |
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for a total distance of 596.89 feet (called 602.27 feet) to a 2 inch |
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iron pipe found for a re-entry corner to the herein described 8.632 |
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acre tract of land, same being the west corner of the aforementioned |
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adjoining residue of a called 17.86 acre tract of land; |
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THENCE South 65 degrees 52 minutes 28 seconds East (called |
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South 66 degrees 16 minutes 00 seconds East) continuing along the |
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common line of said called 8.6445 acre tract of land and the |
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aforementioned adjoining residue of a called 17.86 acre tract of |
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land, at 0.74 feet pass a 3/4 inch iron pipe found on said line, at |
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250.46 feet pass a 2 inch iron pipe found on said line at its |
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intersection with the northwest line of Macek Road, and continuing |
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for a total distance of 280.48 feet (called 280.30 feet) to a cotton |
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picker spindle found for the middle east corner of the herein |
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described 8.632 acre tract of land, same being the south corner of |
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the aforementioned adjoining residue of a called 17.86 acre tract |
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of land, and being in the northwest line of an adjoining called 1.0 |
|
acre tract of land described in deed recorded in Volume 2425, Page |
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1179, Official Records, Fort Bend County, Texas; |
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THENCE South 26 degrees 13 minutes 00 seconds West (called |
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South 26 degrees 13 minutes 00 seconds West) along the common line |
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of said called 8.6445 acre tract of land and the aforementioned |
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adjoining called 1.0 acre tract of land, and an adjoining called |
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0.50 acre tract of land described in deed recorded in Volume 2425, |
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Page 1183, Official Records, Fort Bend County, Texas, as located in |
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Macek Road, 60.00 feet (called 60.00 feet) to a cotton picker |
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spindle set for the upper south corner of the herein described 8.632 |
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acre tract of land, same being the east corner of an adjoining |
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called 2.608 acre tract of land described in deed recorded in Volume |
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664, Page 720, Deed Records, Fort Bend County, Texas; |
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THENCE North 66 degrees 18 minutes 16 seconds West (called |
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North 66 degrees 16 minutes 00 seconds West) along the common line |
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of said called 8.6445 acre tract of land and the aforementioned |
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adjoining called 2.608 acre tract of land, at 30.02 feet pass a 5/8 |
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inch iron rod found on said line at its intersection with the |
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northwest line of Macek Road, and continuing for a total distance of |
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280.57 feet (called 280.30 feet) to a 5/8 inch iron rod found for a |
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re-entry corner to the herein described 8.632 acre tract of land, |
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same being the north corner of the aforementioned adjoining called |
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2.608 acre tract of land; |
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THENCE South 26 degrees 13 minutes 00 seconds West (called |
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South 26 degrees 13 minutes 00 seconds West) continuing along the |
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common line of said called 8.6445 acre tract of land and the |
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aforementioned adjoining called 2.608 acre tract of land, 405.61 |
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feet (called 405.61 feet) to a 2 inch iron pipe with cap marked |
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"Kalkomey Surveying" set for a re-entry corner to the herein |
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described 8.632 acre tract of land, same being the west corner of |
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the aforementioned adjoining called 2.608 acre tract of land, from |
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which a found 3/4 inch iron pipe bears north 54 degrees 39 minutes |
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05 seconds East, 2.00 feet; |
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THENCE South 66 degrees 19 minutes 55 seconds East (called |
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South 66 degrees 16 minutes 00 seconds East) continuing along the |
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common line of said called 8.6445 acre tract of land and the |
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aforementioned adjoining called 2.608 acre tract of land, at 250.55 |
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feet pass a 2 inch iron pipe with cap marked "Kalkomey Surveying" |
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set on said line at its intersection with the northwest line of |
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Macek Road, and continuing for a total distance of 280.58 feet |
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(called 280.30 feet) to a cotton picker spindle set for the lower |
|
east corner of the herein described 8.632 acre tract of land, being |
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the south corner of the aforementioned adjoining called 2.608 acre |
|
tract of land, and being in the northwest line of an adjoining |
|
called 0.515 acre tract of land described in deed recorded in Volume |
|
2060, Page 1525, Official Records, Fort Bend County, Texas; |
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THENCE South 26 degrees 13 minutes 00 seconds West (called |
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South 26 degrees 13 minutes 00 seconds West) along the |
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southeasterly line of said called 8.6445 acre tract of land as |
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located in Macek Road, same being the northwest line of the |
|
aforementioned adjoining called 0.515 acre tract of land, and the |
|
northwest line of an adjoining called 1.0 acre tract of land |
|
described in deed recorded in Volume 485, Page 320, Deed Records, |
|
Fort Bend County, Texas, the northwest line of an adjoining residue |
|
of a called 1.0 acre tract of land described in deed recorded in |
|
Volume 559, Page 59, Deed Records, Fort Bend County, Texas, the |
|
northwest line of an adjoining called 0.50 acre tract of land |
|
described in County Clerk's File No. 9887910, Official Public |
|
Records, Fort Bend County, Texas, the northwest line of an |
|
adjoining called 2 acre tract described in deed recorded in Volume |
|
594, Page 861, Deed Records, Fort Bend County, Texas, the northwest |
|
line of an adjoining called 0.500 acre tract of land described in |
|
deed recorded in County Clerk's File No. 9520600, Official Public |
|
Records, Fort Bend County, Texas, and the northwest line of the |
|
aforementioned adjoining called 0.50 acre tract of land described |
|
in County Clerk's File No. 1999018432, Official Public Records, |
|
Fort Bend County, Texas, 573.59 feet (called 573.59 feet) to the |
|
Place of Beginning and containing 8.632 acres of land, with 0.550 |
|
acre within the margins of Macek Road, for a net acreage of 8.092 |
|
acres of land, more or less. |
|
TRACT III |
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Being a 53.91-acre (2,348,320 square feet) tract of land |
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situated in the Abner Kuykendall League, A-48, Fort Bend County, |
|
Texas, and being all of a called 53.9470-acre tract of land |
|
designated Tract "B" as recorded under File Number 9725698, Fort |
|
Bend County Official Records (F.B.C.O.R.). Said 53.91-acre tract |
|
of land being more particularly described by metes and bounds as |
|
follows, with all bearings referenced to the Texas Coordinate |
|
System of 1983, South Central Zone. All distances are surface based |
|
on N.G.S. Control Monument "HGCSD 70" 1983 adjustment: |
|
BEGINNING at a 5/8-inch iron rod with cap stamped "SURVCON |
|
INC." set marking the northerly right-of-way line of Thompson Road |
|
(F.M. 762)(100 feet wide) and being the most southerly |
|
southeasterly corner of said 53.9470 acre Tract "B", and being in |
|
the westerly line of a called 193-acre tract as recorded under |
|
Volume 487, Page 664 of said F.B.C.D.R.; |
|
THENCE, North 83°18'51" West, along said northerly |
|
right-of-way line, a distance of 198.65 feet to point from which a |
|
one-inch iron pipe found bears S 24°49' W, 0.64 feet for the common |
|
south corner of said Tracts "A" and "B"; |
|
THENCE, North 20°11'32" East, departing said northerly |
|
right-of-way line and along the common line to said 53.9470-acre |
|
Tract "B" and called 53.9470-acre Tract "A" as recorded under File |
|
Number 9725698 of said F.B.C.O.R., a distance of 1,182.38 feet to a |
|
3/4-inch iron pipe found for an interior corner of the herein |
|
described tract; |
|
THENCE, North 68°02'25" West, along said common line, a |
|
distance of 1,294.57 feet to a 5/8-inch iron rod with cap stamped |
|
"SURVCON INC." found for westerly corner; |
|
THENCE, North 23°11'42" East, departing said common line, a |
|
distance of 459.12 feet to a 3/4-inch iron pipe found for an |
|
interior corner; |
|
THENCE, North 66°48'19" West, a distance of 250.30 feet to a |
|
3/4-inch iron pipe found for a corner and same being on the easterly |
|
right-of-way line of Macek Road (60 feet wide) as recorded under |
|
Volume 517, Page 590 of said F.B.C.D.R.; |
|
THENCE, North 23°11'34" East, along said easterly |
|
right-of-way line, a distance of 75.40 feet to a 5/8-inch iron rod |
|
with cap stamped "SURVCON INC." set for corner; |
|
THENCE, South 66°48'19" East, departing said easterly |
|
right-of-way line, a distance of 250.30 feet to a 1 1/2-inch iron |
|
pipe found for an interior corner; |
|
THENCE, North 23°11'42" East, a distance of 936.40 feet to a |
|
point for the most northwest corner of the herein described tract |
|
same being in the center line of Rabbs Bayou; |
|
THENCE, South 54°28'48" East, along said center line, a |
|
distance of 175.09 feet to an angle point; |
|
THENCE, South 60°15'56" East, along said center line, a |
|
distance of 554.12 feet to an angle point; |
|
THENCE, South 72°57'10" East, continuing along said center |
|
line, a distance of 260.14 feet to an angle point; |
|
THENCE, South 79°36'31" East, continuing along said center |
|
line, a distance of 246.18 feet to an angle point; |
|
THENCE, South 75°23'46" East, continuing along said center |
|
line, a distance of 166.22 feet to an angle point; |
|
THENCE, South 71°03'39" East, continuing along said center |
|
line, a distance of 82.35 feet to a point for the northeasterly |
|
corner of the herein described tract; |
|
THENCE, South 21°25'15" West, departing said center line, a |
|
distance of 2,581.44 feet to the POINT OF BEGINNING, containing a |
|
computed area of 53.91 acres (2,348,320 square feet) of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |
|
|
|
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|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 994 passed the Senate on |
|
May 5, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 994 passed the House on |
|
May 25, 2009, by the following vote: Yeas 141, Nays 0, two |
|
present not voting. |
|
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|
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______________________________ |
|
Chief Clerk of the House |
|
|
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|
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Approved: |
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______________________________ |
|
Date |
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|
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______________________________ |
|
Governor |