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AN ACT
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relating to the creation of the Harris County Municipal Utility |
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District No. 525; 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 8326 to read as follows: |
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CHAPTER 8326. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 525 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8326.001. 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 Harris County Municipal |
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Utility District No. 525. |
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Sec. 8326.002. 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. 8326.003. 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. 8326.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8326.003 |
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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. 8326.005. 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. 8326.006. 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 8326.007-8326.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8326.051. 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 8326.052, directors serve |
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staggered four-year terms. |
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Sec. 8326.052. 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 8326.003; 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 8326.003 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 8326.003; 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 Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8326.053-8326.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8326.101. 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. 8326.102. 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. 8326.103. 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. 8326.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8326.103 |
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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. 8326.105. 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. 8326.106. 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 8326.103; 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 8326.107-8326.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8326.151. 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 8326.153. |
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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. 8326.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8326.151, 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. 8326.153. 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 8326.154-8326.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8326.201. 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. 8326.202. 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. 8326.203. 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 Harris County Municipal Utility District No. |
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525 initially includes all the territory contained in the following |
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area: |
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TRACT 1 |
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Being a tract of land containing 383.184 acres, located in |
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the William Whitlock League, Abstract-85 in Harris County, Texas; |
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Said 383.184 acre tract being all of a called 383.184 acre tract of |
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land of record in the name of Crystal Clear Realty, Ltd., in Harris |
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County Clerk's File (H.C.C.F.) Number X992419; said 383.184 acre |
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tract being more particularly described by metes and bounds as |
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follows (all bearings are based on the north Right-Of-Way (R.O.W.) |
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line of Foley Road (80 feet wide) with a bearing of North 87 degrees |
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16 minutes 12 seconds East as reflected in Volume 4457, Page 321, of |
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the Harris County Deed Records (H.C.D.R.)): |
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Beginning at a 1/2-inch iron rod found at the southeast |
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corner of aforesaid 383.184 acre tract being on the east line of a |
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50 foot wide United Gas Pipeline Easement as redefined in Volume |
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2350, Page 287, H.C.D.R., and being on the north R.O.W. line of |
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aforesaid Foley Road; |
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Thence, with the north R.O.W. line of aforesaid Foley Road, |
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South 87 degrees 16 minutes 12 seconds West, at a distance of |
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6649.67 feet pass a 1/2-inch iron rod found at the northeast corner |
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of a call 0.0747 acre tract of land of record in the name of Robert |
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Edward Leger and Susan Leger in H.C.C.F. Number R991612, and |
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continue in all a total distance of 6771.69 feet to a 5/8-inch iron |
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rod found at the southwest corner of aforesaid 383.184 acre tract |
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and the northwest corner of aforesaid 0.0747 acre tract, and being |
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on the 45 foot contour line for Lake Houston of record in Volume |
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2479, Page 370, H.C.D.R.; |
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Thence, with aforesaid 45 foot contour line, and the 45 foot |
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contour line for Lake Houston of record in Volume 2448, Page 408, |
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the following sixteen (16) courses: |
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1. North 18 degrees 28 minutes 00 seconds East, a distance |
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of 610.10 feet; |
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2. North 73 degrees 25 minutes 00 seconds East, a distance |
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of 760.00 feet; |
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3. North 55 degrees 27 minutes 20 seconds East, a distance |
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of 405.37 feet; |
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4. North 32 degrees 50 minutes 00 seconds East, a distance |
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of 404.37 feet to an angle point, from which a found 1/2-inch iron |
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rod bears North 87 degrees 14 minutes 37 seconds East, a distance of |
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110.95 feet; |
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5. North 35 degrees 29 minutes 10 seconds East, a distance |
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of 127.83 feet to a 3/4-inch iron rod found at the waters edge; |
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6. North 07 degrees 10 minutes 00 seconds East, a distance |
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of 1052.61 feet; |
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7. North 57 degrees 02 minutes 40 seconds East, a distance |
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of 238.52 feet to a 5/8-inch iron rod found; |
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8. South 83 degrees 50 minutes 00 seconds East, a distance |
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of 370.00 feet; |
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9. South 62 degrees 02 minutes 15 seconds East, a distance |
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of 261.72 feet; |
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10. South 28 degrees 30 minutes 00 seconds East, a distance |
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of 270.00 feet to a 5/8-inch iron rod found; |
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11. North 35 degrees 32 minutes 21 seconds East, a distance |
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of 86.02 feet to a 5/8-inch iron rod found; |
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12. North 35 degrees 02 minutes 28 seconds West, a distance |
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of 292.62 feet to a 5/8-inch iron rod found; |
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13. North 61 degrees 00 minutes 00 seconds West, a distance |
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of 295.00 feet; |
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14. South 89 degrees 10 minutes 00 seconds West, a distance |
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of 179.00 feet; |
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15. North 63 degrees 37 minutes 05 seconds West, a distance |
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of 196.94 feet; |
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16. North 28 degrees 30 minutes 00 seconds West, a distance |
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of 118.42 feet to a 5/8-inch iron rod found at the northwest corner |
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of aforesaid 383.184 acre tract, and the southwest corner of a |
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called 361.2455 acre tract of land of record in the name of Aron S. |
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Gordon in H.C.C.F. Number G416496, from which a found 4-inch square |
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concrete marker bears South 87 degrees 16 minutes West, a distance |
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of 9.9 feet; |
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Thence, with the line common to aforesaid 383.184 and |
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361.2455 acre tracts, North 87 degrees 16 minutes 12 seconds East, a |
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distance of 5789.82 feet to a 3/4-inch iron rod set at the northeast |
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corner of said 383.184 acre tract and being on the west line of |
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aforesaid 50 foot pipeline easement; |
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Thence, with the east of aforesaid 383.184 acre tract, and |
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the west line of aforesaid 50 foot pipeline easement, the following |
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two (2) courses: |
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1. South 17 degrees 21 minutes 12 seconds West, a distance |
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of 617.08 feet to a 3/4-inch iron rod set; |
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2. South 17 degrees 28 minutes 12 seconds West, a distance |
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of 979.97 feet to a 1/2-inch iron rod with cap found at the |
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southwest corner of a 78.5886 acre tract, of record in the name of |
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Crystal Clear Realty, LTD in H.C.C.F. No. Y2211837, and being an |
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interior corner of said 383.184 acre tract; |
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Thence, with the line common to aforesaid 78.5886 and 383.184 |
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acre tracts, North 87 degrees 14 minutes 37 seconds East, a distance |
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of 53.28 feet to a 1/2-inch iron rod with cap found at the east |
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corner of said 383.184 acre tract and the northwest corner of a |
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called 20.00 acre tract of land of record in the name of David |
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Spencer and wife Janna L. Spencer in H.C.C.F. Number W570995, from |
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which a found 1/2-inch iron rod bears South 50 degrees 56 minutes |
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West, a distance of 5.9 feet; |
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Thence, with the east line of said 383.184 and the east line |
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of aforesaid 50 foot pipeline easement, South 17 degrees 28 minutes |
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12 seconds West, a distance of 1381.03 feet to the Point of |
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Beginning and containing 383.184 acres of land. |
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TRACT 2 |
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FIELD NOTES of a 78.3183 acre tract of land situated in the |
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William Whitlock League, Abstract No. 85, Harris County, Texas, and |
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being out of and a part of a called 108.553 acre tract of land |
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conveyed by Spur Land Company, Trustee to Paul H. Krebs, Trustee, by |
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deed dated December 14, 1994 and recorded in County Clerk's File No. |
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R198447 of the Deed Records of Harris County, Texas. This 78.3183 |
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acre tract of land is more particularly described by metes and |
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bounds as follows, to-wit: |
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NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS |
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IN THE EASTERNMOST NORTH LINE AND SOUTHERNMOST EAST LINE OF A |
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108.553 ACRE TRACT OF LAND CONVEYED BY SPUR LAND COMPANY, TRUSTEE, |
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TO PAUL H. KREBS, TRUSTEE, BY DEED DATED DECEMBER 14, 1994 AND |
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RECORDED IN COUNTY CLERK'S FILE NO. R198447 OF THE OFFICIAL PUBLIC |
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RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS. REFERENCE IS MADE |
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TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS |
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DESCRIPTION. |
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COMMENCING at a point in the west right of way line of Dallas |
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Road, 80 foot wide right of way, being the Southeast corner of a |
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361.2455 acres as per deed recorded in County Clerk's File No. |
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G416496 of the Official Public Records of Real Property of Harris |
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County, Texas and the Northeast corner of that certain 336.5 acre |
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tract of land described in Volume 3155 at Page 658 of the Deed |
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Records of Harris County, Texas. |
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THENCE: South 87°17'29" West along the South line of said |
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361.2455 acres and the North line of the residue of said 336.5 acre |
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tract for a distance of 2680.91 feet to a 3/4 inch iron rod found for |
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the Northwest corner of said residue of 336.5 acre tract, the |
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Northernmost Northeast corner of said 108.553 acres and the |
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Northeast corner and POINT OF BEGINNING of this tract. |
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THENCE: South 02°45'43" East along the East line of this |
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tract, the West line of said residue of 336.5 acre tract, the |
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Northernmost East line of said 108.553 acres and the West line of |
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the residue of said 108.553 acre tract, at 719.09 feet pass a 5/8 |
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inch iron rod found for the Southwest corner of said residue of |
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336.5, an interior corner of said 108.553 acres and the Northwest |
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corner of said residue of 108.553 acre tract, in all, a total |
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distance of 1499.58 feet to a 1/2 inch iron rod, with cap, found for |
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the Southeast corner of this tract, the Southwest corner of said |
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residue of 108.553 acre tract, in the North line of a residue of |
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158.1189 acre tract (herein called Tract 3) conveyed by Kail and |
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Mackinnon-Lake Houston, LTD., to Stanley H. Voelkel, et al, by deed |
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dated July 1,1979 and recorded in County Clerk's File No. G226074 of |
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the Deed Records of Harris County, Texas, the South line of said |
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108.553 acres and in the North line of a 20 foot pipeline easement |
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conveyed to United Texas Transmission Company, as per deed recorded |
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in County Clerk's File No. G999981 of the Deed Records of Harris |
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County, Texas. |
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THENCE: South 87°18'10" West along the South line of this |
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tract, the South line of said 108.553 acres, the North line of said |
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residue of 158.1189 acre tract, the North line of said United Texas |
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Transmission Company easement, the North line of that certain 20.00 |
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acre tract described under Harris County Clerk's File No. X174447, |
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and the North line of that certain 20.00 acre tract of land conveyed |
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to David Spencer and wife, Janna L. Spencer by Deed recorded under |
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Harris County Clerk's File No. W570995, and at 2498.63 feel pass a |
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1/2 inch iron rod, with cap, found for the Northwest corner of said |
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residue of 158.1189 acre tract, the Northwest corner of said |
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Spencer 20.00 acres and the Northeast corner of that certain |
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187.8474 acre tract conveyed by Houston Clinic, P.A. to Timothy L. |
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Sharma by Deed dated June 21, 1983 and recorded under Harris County |
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Clerk's File No. J044836; in all a total distance of 2551.72 feet to |
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a 1/2 inch iron rod, with cap, found for the Southwest corner of |
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this tract, the Southwest corner of said 108.553 acres and the |
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Southeast corner of a 195.043 acre tract conveyed by Houston |
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Clinic, P.A., to Timothy L. Sharma by deed dated June 21, 1983 and |
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recorded in County Clerk's File No. J048276 of the Deed Records of |
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Harris County, Texas. |
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THENCE: North 17°30'34" East (called in error North 16°57'15" |
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East) along the West line of this tract, the West line of said |
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108.553 acres and the East line of said 195.043 acre tract for a |
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distance of 979.97 feet to a 3/4 inch iron rod found for an angle |
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point in said line. |
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THENCE: North 17°21'56" East (called in error North 16°57'15" |
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East) along the West line of this tract, the West line of said |
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108.553 acres and the East line of said 195.043 acre tract for a |
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distance of 616.99 feet to a 3/4 inch iron rod found in the South |
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line of said 361.2455 acres for the Northwest corner of this tract, |
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the Northwest corner of said 108.553 acres and the Northeast corner |
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of said 195.043 acre tract. |
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THENCE: North 87°17'31" East along the North line of this |
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tract, the North line of said 108.553 acres and the South line of |
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said 361.2455 acre tract for a distance of 1999.88 feet (called in |
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error North 87°17'29" East 2014.67 feet) to the PLACE OF BEGINNING, |
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containing within said boundaries 78.3183 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 hereby certify that S.B. No. 1464 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1464 passed the House on |
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May 15, 2009, by the following vote: Yeas 144, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |