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AN ACT
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relating to the creation of the Galveston County Municipal Utility |
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District No. 76; 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 8332 to read as follows: |
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CHAPTER 8332. GALVESTON COUNTY MUNICIPAL |
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UTILITY DISTRICT NO. 76 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8332.001. 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 Galveston County Municipal |
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Utility District No. 76. |
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Sec. 8332.002. 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. 8332.003. 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. 8332.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8332.003 |
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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. 8332.005. 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; |
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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; and |
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(3) a navigation district as provided by general law |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8332.006. 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 8332.007-8332.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8332.051. 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 8332.052, directors serve |
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staggered four-year terms. |
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Sec. 8332.052. 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 8332.003; 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 8332.003 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 8332.003; 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 8332.053-8332.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8332.101. 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. 8332.102. 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. 8332.103. 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. 8332.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8332.103 |
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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. 8332.105. CERTAIN NAVIGATION IMPROVEMENTS. The |
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district has the power to purchase, construct, acquire, own, |
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operate, maintain, improve, or extend, inside or outside the |
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district, a canal or other waterway, bulkhead, dock, or other |
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improvement necessary or convenient to accomplish the purposes of |
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the district. |
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Sec. 8332.106. 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. 8332.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8332.103; |
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(2) a recreational facility as defined by Section |
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49.462, Water Code; or |
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(3) a navigation facility described by Section |
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8332.105. |
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[Sections 8332.108-8332.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8332.151. 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 8332.153. |
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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. 8332.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8332.151, 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. 8332.153. 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 8332.154-8332.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8332.201. 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. 8332.202. 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. 8332.203. 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 Galveston County Municipal Utility District |
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No. 76 initially includes all the territory contained in the |
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following area: |
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TRACT I: |
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All that certain 94.0 acres of land, more or less, being |
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partially out of and a part of Lots 493 - 494, and intervening 50 |
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foot wide roadways (closed and abandoned in Volume 2263, Pages 767, |
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770, and 773, Galveston County Deed Records), in the TRIMBLE AND |
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LINDSEY SURVEY OF GALVESTON ISLAND, SECTION ONE, and partially out |
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of and a part of Lots 8 - 9, 12 - 13, 28 - 29, 32 - 33, 49, 52, and |
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intervening 50 foot wide roadways (closed and abandoned in Volume |
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2263, Pages 767, 770, and 773, Galveston County Deed Records), in |
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the TRIMBLE AND LINDSEY SURVEY OF GALVESTON ISLAND, SECTION TWO, |
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and said 94.0 acres being more particularly described by metes and |
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bounds as follows: |
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COMMENCING at the point of intersection for the Southwesterly |
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line of 8-Mile Road, a 50 foot wide public roadway right-of-way, and |
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the Northwesterly line of Sportsman Road, a 100 foot wide public |
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roadway (as occupied), and being at the Northeasterly line of said |
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Lot 49; |
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THENCE N 25°00'00" W, along the Southwesterly line of said |
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8-Mile Road and the Northeasterly line of said Lot 49, a distance of |
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100.00 feet to the POINT OF BEGINNING; |
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THENCE S 65°00'00" W, a distance of 100.00 feet to a point for |
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corner; |
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THENCE S 25°00'00" E, a distance of 50.00 feet to a point for |
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corner; |
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THENCE S 65°00'00" W, a distance of 50.00 feet to a point for |
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corner; |
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THENCE S 25°00'00" E, a distance of 50.00 feet to a point for |
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corner, said point being at the Northwesterly line of said |
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Sportsman Road; |
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THENCE S 65°00'00" W, along the Northwesterly line of said |
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Sportsman Road, a distance of 290.00 feet to a point for corner; |
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THENCE N 25°00'00" W, a distance of 543.47 feet to a point for |
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corner and being at the Southeasterly Meander Line of Mean High |
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Water for West Galveston Bay as determined on October 1, 2007, and |
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shown on survey by William E. Merten, LSLS; |
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THENCE generally in a Northeasterly direction, along the said |
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Southeasterly Meander Line of Mean High Water, the following |
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courses and distances: |
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N 51°40'03" E, 167.74 feet to a point for angle to the |
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left; |
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N 42°38'41" E, 36.00 feet to a point for angle to the |
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right; |
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N 49°24'38" E, 45.32 feet to a point for angle to the |
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right; |
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N 54°51'52" E, 36.32 feet to a point for angle to the |
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right; |
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N 71°33'09" E, 108.24 feet to a point for angle to the |
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right; |
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N 86°07'04" E, 113.71 feet to a point for angle to the |
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right; |
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S 74°30'24" E, 49.36 feet to a point for angle to the |
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left; |
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S 81°57'01" E, 52.45 feet to a point for angle to the |
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left; |
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S 89°27'17" E, 49.93 feet to a point for angle to the |
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left; |
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N 87°43'18" E, 75.98 feet to a point for angle to the |
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left; |
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N 70°44'28" E, 61.99 feet to a point for angle to the |
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left; |
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N 08°52'18" E, 45.82 feet to a point for angle to the |
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right; |
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N 50°56'26" E, 66.99 feet to a point for angle to the |
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left; |
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N 43°50'05" E, 267.40 feet to a point for angle to the |
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right; |
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N 65°40'59" E, 52.31 feet to a point for angle to the |
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left; |
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N 35°53'07" E, 54.23 feet to a point for angle to the |
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left; |
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N 34°00'27" E, 50.32 feet to a point for angle to the |
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right; |
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N 53°56'40" E, 60.77 feet to a point for angle to the |
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right; |
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S 67°46'17" E, 39.46 feet to a point for angle to the |
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left; |
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N 68°35'12" E, 64.04 feet to a point for angle to the |
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left; |
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N 12°09'44" E, 59.62 feet to a point for angle to the |
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left; |
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N 30°30'28" W, 51.17 feet to a point for angle to the |
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right; |
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N 32°52'16" E, 66.62 feet to a point for angle to the |
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left; |
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N 23°03'13" E, 47.19 feet to a point for angle to the |
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right; |
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N 48°59'46" E, 34.38 feet to a point for angle to the |
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right; |
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N 63°41'11" E, 93.85 feet to a point for angle to the |
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right; |
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N 64°29'03" E, 84.09 feet to a point for angle to the |
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right; |
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N 86°11'31" E, 103.40 feet to a point for angle to the |
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left; |
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N 73°07'13" E, 81.54 feet to a point for angle to the |
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left; |
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N 64°38'05" E, 85.88 feet to a point for angle to the |
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left; |
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N 44°07'54" E, 156.85 feet to a point for angle to the |
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right; |
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N 59°54'17" E, 72.93 feet to a point for angle to the |
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left; and, |
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N 55°37'46" E, 43.92 feet to a point for corner and being |
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at the common line for said Lot 493 and Lot 490 of said SECTION ONE; |
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THENCE S 25°00'00" E, leaving the said Southeasterly Meander |
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Line of Mean High Water, along the Northeasterly line of said Lot |
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493 and the Southwesterly line of said Lot 490, a distance of |
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2,005.31 feet to a point for corner; |
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THENCE S 31°58'38" W, a distance of 284.15 feet to a point for |
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corner; |
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THENCE S 61°00'34" E, a distance of 208.20 feet to a point for |
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corner; |
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THENCE S 28°59'26" W, a distance of 60.00 feet to a point for |
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corner; |
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THENCE N 61°00'34" W, a distance of 215.85 feet to a point for |
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corner; |
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THENCE S 45°34'49" W, a distance of 658.78 feet to a point for |
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angle to the right; |
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THENCE S 51°17'37" W, a distance of 266.07 feet to a point for |
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angle to the right; |
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THENCE S 57°17'39" W, a distance of 275.04 feet to a point for |
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angle to the right; |
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THENCE S 65°00'00" W, a distance of 306.38 feet to a point for |
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corner at the Northeasterly line of said 8-Mile Road, same being the |
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Southwesterly line of said Lot 33; |
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THENCE N 25°00'00" W, along the Northeasterly line of said |
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8-Mile Road and the Southwesterly line of said Lots 33 and 32 of |
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said SECTION TWO, a distance of 2,176.41 feet to a point for corner |
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at the most Northwesterly terminus of said 8-Mile Road; |
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THENCE S 65°00'00" W, along the Northwesterly terminus of said |
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8-Mile Road, a distance of 50.00 feet to a point for corner and |
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being at the Northeasterly line of said Lot 49; |
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THENCE S 25°00'00" E, along the Southwesterly line of said |
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8-Mile Road, same being the Northeasterly line of said Lot 49, a |
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distance of 280.82 feet to the POINT OF BEGINNING and containing |
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within said boundaries a calculated area of 94.0 acres of land, more |
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or less. |
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TRACT II: |
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All that certain 6.6 acres of land, more or less, being out of |
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and a part of Lot 49, in the TRIMBLE AND LINDSEY SURVEY OF GALVESTON |
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ISLAND, SECTION TWO, and further including all of Lots 1 - 3 and |
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Lots 11 - 14 of ANDERSON WAY'S ADDITION NO. ONE (1), a subdivision |
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in Galveston County, Texas, according to the map or plat thereof |
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recorded in Volume 254-A, Page 78, and transferred to Volume 11, |
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Page 20, both of the Map Records in the Office of the County Clerk of |
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Galveston County, Texas, and said 6.6 acres being more particularly |
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described by metes and bounds as follows: |
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BEGINNING at the point of intersection for the Southwesterly |
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line of 8-Mile Road, a 50 foot wide public roadway right-of-way, and |
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the Southeasterly line of Sportsman Road, a 100 foot wide public |
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roadway (as occupied), same being the North corner of said Lot 1, |
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and being at the Northeasterly line of said Lot 49; |
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THENCE S 25°00'00" E, along the Southwesterly line of said |
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8-Mile Road, same being the Northeasterly line of said Lot 49 and |
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Lots 1 - 3, a distance of 150.00 feet to a point for corner; |
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THENCE S 65°00'00" W, along the Southeasterly line of said Lot |
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3, a distance of 100.00 feet to a point for corner; |
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THENCE S 25°00'00" E, along the Southwesterly line of Lots 4 - |
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10 of said ANDERSON WAY'S ADDITION NUMBER ONE (1), a distance of |
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350.00 feet to a point for corner, same being the West corner of |
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said Lot 11; |
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THENCE N 65°00'00" E, along the Northwesterly line of said Lot |
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11, a distance of 100.00 feet to a point for corner at the |
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Southwesterly line of said 8-Mile Road, same being the |
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Northeasterly line of said Lot 49; |
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THENCE S 25°00'00" E, along the Southwesterly line of said |
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8-Mile Road, same being the Northeasterly line of said Lot 49 and |
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said Lots 11 - 14, a distance of 200.00 feet to a point for corner; |
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THENCE S 65°00'00" W, along the Southeasterly line of said Lot |
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14, a distance of 100.00 feet to a point for corner; |
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THENCE S 25°00'00" E, along the Southwesterly line of Lots 15 |
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- 22 of said ANDERSON WAY'S ADDITION NUMBER ONE (1), a distance of |
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400.00 feet to a point for corner and being at the Southeasterly |
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line of said Lot 49, same being the Northwesterly line of Lot 48 of |
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said SECTION TWO; |
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THENCE S 65°00'00" W, along the common line for said Lots 48 |
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and 49, a distance of 230.00 feet to a point for corner, same being |
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the common corner for said Lots 48 and 49 and Lots 52 and 53 of said |
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SECTION TWO; |
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THENCE N 25°00'00" W, along the common line for said Lots 49 |
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and 52, a distance of 1,100.00 feet to a point for corner at the |
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Southeasterly line of said Sportsman Road; |
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THENCE N 65°00'00" E, along the Southeasterly line of said |
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Sportsman Road, a distance of 330.00 feet to the POINT OF BEGINNING |
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and containing within said boundaries a calculated area of 6.6 |
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acres of land, more or less. |
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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. 1483 passed the Senate on |
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May 7, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1483 passed the House on |
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May 25, 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 |