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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 132; 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 8414 to read as follows: |
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CHAPTER 8414. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT |
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NO. 132 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8414.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Montgomery County Municipal |
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Utility District No. 132. |
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Sec. 8414.002. 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. 8414.003. 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. 8414.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8414.003 |
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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. 8414.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8414.006. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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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Sec. 8414.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT |
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REINVESTMENT ZONE. (a) The district is eligible to be included in |
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a tax increment reinvestment zone created under Chapter 311, Tax |
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Code. |
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(b) If the City of Conroe has created or creates a tax |
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increment reinvestment zone described by Subsection (a) that |
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includes all or part of the territory of the district, the City of |
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Conroe and the board of directors of the zone or a developer of |
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property within the tax increment reinvestment zone that receives |
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or will receive money from the tax increment fund, by contract with |
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the district, may grant money to the district from the tax increment |
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fund to be used for a permissible purpose of the district, |
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including: |
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(1) the right to pledge the money as security for a |
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bond or other obligation issued by the district; and |
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(2) any permissible purpose of a corporation under |
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Section 380.002(b), Local Government Code. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8414.051. 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 8414.052, directors serve |
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staggered four-year terms. |
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Sec. 8414.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Bill Odle; |
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(2) Brandon Macey; |
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(3) Troy Koteras; |
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(4) Greg Snider; and |
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(5) Abby McMahon. |
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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 8414.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8414.003 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 8414.003; 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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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8414.101. 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. 8414.102. 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. 8414.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8414.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8414.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. (a) 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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(b) In addition to all the rights and remedies provided by |
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other law, if the district violates the terms of an ordinance or |
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resolution described by Subsection (a), the municipality is |
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entitled to injunctive relief or a writ of mandamus issued by a |
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court requiring the district and the district's officials to |
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observe and comply with the terms of the ordinance or resolution. |
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Sec. 8414.106. EFFECT OF ANNEXATION OR INCLUSION WITHIN THE |
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CORPORATE BOUNDARIES OF THE CITY OF CONROE. Notwithstanding Section |
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54.016(f)(2), Water Code, an allocation agreement between the City |
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of Conroe and the district that provides for the allocation of the |
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taxes or revenues of the district and the city following the date of |
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inclusion of all the district's territory in the corporate limits |
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of the city may provide that the total annual ad valorem taxes |
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collected by the city and the district from taxable property in the |
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district may exceed the city's ad valorem tax on that property. |
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Sec. 8414.107. 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 without the written consent of the City of Conroe. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8414.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue other than ad valorem taxes. |
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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. 8414.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8414.151, 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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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8414.201. 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, tax increment payments, grants, or |
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other district money, or any combination of those sources, to pay |
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for any authorized district purpose. |
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Sec. 8414.202. 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. 8414.203. 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. Montgomery County Municipal Utility District No. |
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132 initially includes all the territory contained in the following |
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area: TRACT I (23.69 acres): |
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Metes and bounds description of all that certain 23.69 acre tract or |
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parcel of land, lying and being situated in the John McDillon |
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Survey, A-347, Conroe, Montgomery County, Texas, and being a |
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portion out of that same 57.98 acre tract conveyed to Wedgewood |
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Falls, Ltd., as described by deed recorded in Volume 589.10, Page |
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1036 of the Deed of Records of Montgomery County ("DRMC") and also |
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being formerly referred to as "Tract III", as depicted on drawing |
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entitled "Composite Map of 135.750 Acres", said 23.69 acre tract |
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being more particularly described as follows: |
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BEGINNING at a 1/2" iron rod found for the northwest corner of this |
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tract, being also the northwest corner of said 57.98 acre tract, and |
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lying in the south line of the P.H. Herndon Survey, A-256 and also |
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being in the south line of the Aaron Pasternak Estate (No Citation); |
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THENCE N 72° 13' 41" E - 526.41 feet with the said common line to a |
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plastic capped 1/2" iron (stamped Taggart, RPLS #5676) found for |
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the northeasterly corner of this tract and being in the westerly |
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right-of-way line of Longmire Road (variable width ROW), a public |
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road; |
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THENCE S 39 ° 52' 51" E - 381.09 feet with the said right-of-way line |
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to a 1/2" iron rod found for an angel point; said point common with |
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the Carolyn A. Ditore called 7.4682 acre tract recorded in Volume |
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192.00 Page 1355 (CCFN9519083) of the said DRMC; |
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THENCE S 16 ° 58' 57" E - 1,066.76 feet with the said common line to a |
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plastic capped 1/2" iron (stamped Taggart, RPLS #5676) set for the |
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southeasterly corner of this tract, a 1/2" iron rod found marking an |
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east corner of said 57.98 acre tract, and lying in the northwest |
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right-of-way line of FM 3083 bears S 16 ° 58' 57" E - 865.51 feet; |
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Thence the following calls across the said 57.98 acre tract: |
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S 6 ° 52' 19" W- 449.66 feet to a plastic capped 1/2" iron |
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(stamped Taggart, RPLS # 5676) set for corner; |
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S 24° 00'13" E - 3.19 feet to a plastic capped 1/2" iron |
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(stamped Taggart, RPLS # 5676) set for corner; |
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S 66° 00' 12" W - 120.00 feet to a plastic capped 1/2" (stamped |
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Taggart, RPLS # 5676) set for corner in the west line of said 57.98 |
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acre tract from which a 1/2" iron rod found for a point of curvature |
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in the west boundary line of said 57.98 acre tract bears S 23 ° |
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59'48" E - 282.79 feet for reference; |
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Thence the following calls along the said westerly boundary line: |
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N 23° 59' 48" W - 129.37 feet to a 1/2" iron rod found for an |
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angle point; |
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N 36° 28' 06" W- 699.32 feet to a 1/2" iron rod found for an angle |
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point; |
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N 14° 51' 50" W- 405.17 feet to a 1/2" iron rod found for an angle |
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point; |
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N 09° 18' 12" E- 278.32 feet to a 1/2" iron rod found for an angle |
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point; |
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N 18° 07' 05" W- 57.77 feet to the PLACE OF BEGINNING and containing |
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23.69 acres of land. |
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Tract II (31 acres): |
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Metes and bounds description of all that is certain 35.00 acre tract |
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or parcel of land, lying and being situated in the John McDillon |
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Survey, A-347, Conroe, Montgomery County, Texas, and being a |
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portion out of that same 57.98 acre tract conveyed to Wedgewood |
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Falls, Ltd., as described by deed recorded in Volume 589.10, Page |
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1036 of the said DRMC, and also being formerly referred to as "Tract |
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III", as depicted on a drawing entitled "Composite Map of 135.750 |
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Acres", said 35.00 acre tract being more particularly described as |
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follows: |
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BEGINNING at a capped 1/2" iron rod set in the northeast line of |
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said 57.98 acre tract for the north corner of this tract. A capped |
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1/2" iron rod found at an angle point in the southwest right-of-way |
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line of Longmire Road (Variable width ROW), bears N 16° 58' 57" W- |
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1058.28 feet for reference; |
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THENCE S 16° 58' 57" E- 873.99 feet with said northeast line to a |
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capped 1/2" iron found for corner in the northwest right-of-way |
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line of FM 3083, and being the beginning of a curve to the left; |
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THENCE in a southwesterly direction for a distance of 447.74 feet |
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along the arc of said curve (Curve data: central angle = 20° 16' 46", |
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radius = 1265.00 feet, tangent = 226.24 feet, the chord bears S 26° |
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44' 49" W- 445.40 feet), to a capped 1/2" iron rod set for end of |
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said curve and being and angle point in said right-of-way line; |
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THENCE S 09° 28' 56" W - 201.56 feet with said right-of-way line to a |
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capped 1/2" iron rod set for angle point; |
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THENCE S 16° 36' 26" W - 151.34 feet with said right-of-way line to a |
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capped 5/8" iron rod found for the southeast corner of this tract, |
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and being also the northeast corner of an 8.23 acre tract, formerly |
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referred to as "Tract IV" as depicted of said "Composite Map"; |
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THENCE S 72° 08' 32" W- 892.01 feet with the common line between said |
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57.98 acre tract and said 8.23 acre tract to a 1- 1/4" iron pipe |
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found for the southwest corner of this tract; |
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THENCE N 17° 56' 22" W - 935.28 feet with the west line of said 57.98 |
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acre tract to a 1- 1/4" iron pipe found for angle point; |
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THENCE N 17° 45' 50" W- 282.18 feet to a 1/2" iron rod found for |
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corner, and being also the east corner of that same 12.65 acre tract |
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conveyed to Allen Acquisitions, Ltd. as described by deed recorded |
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in Volume 625.10, Page 128 of the said DRMC, and being in the |
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southerly boundary line of Wedgewood Golf Course; |
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THENCE S 60° 51' 46" E - 179.11 feet to a 1/2" iron rod found for |
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angle point; |
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THENCE N 81° 11' 43" E - 608.43 feet to a 1/2" iron rod found for |
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beginning of a curve to the left; |
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THENCE in the northeasterly direction along a distance of 224.31 |
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feet along the arc of said curve (Curve data: central angle = 105° |
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36' 21", radius = 121.70 feet, tangent = 160.35 feet, the chord |
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bears N 28° 31' 35" E - 193.88 feet) to a 1/2" iron rod found for end |
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of said curve; |
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THENCE N 23° 59' 48" W - 381.30 feet with the southwest line of said |
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57.98 acre tract to a capped 1/2" iron rod set for the northwest |
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corner of this tract, from which a 1/2" iron rod found marking an |
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angle point in the line of said 57.98 acre tract bears N 23° 59' 48" |
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W- 30.86 feet; |
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THENCE N 73° 01' 03" E - 574.69 feet across the said 57.98 acre tract |
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to the PLACE OF BEGINNING and containing 35.00 acres of land. |
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Save and Except the following: |
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Metes and bound description of all that certain 2.33 acre tract or |
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parcel of land, lying and being situated in the John McDillon |
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Survey, A - 347, Conroe, Montgomery County, Texas, and being a part |
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of a called 57.98 acre tract conveyed to Wedgewood Falls, Ltd., and |
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recorded as County Clerk Film Code No. 2004-05-5312 and Clerk File |
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No. 5891035 of the Official Public Records of Real Property of |
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Montgomery County, Texas; said tract being Restricted Commercial |
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Reserve "D" as graphically depicted on the proposed plat of |
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Wedgewood Falls, Phase 1; said 2.33 acre tract being more |
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particularly described as follows: |
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COMMENCING: at a 5/8" iron rod with cap stamped "Carter & Burgess, |
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Inc." found for the southeasterly corner of the said 57.98 acre |
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tract and being in the westerly right-of-way line of FM 3083 (Carter |
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Moore Drive), being a 180 foot public street as depicted by |
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right-of-way map prepared by Carter & Burgess, dated August, 1995, |
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and being an exterior corner; said point being common with a 51.440 |
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acre tract conveyed to 55 ACRE JOINT VENTURE and recorded as Film |
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Code No. 635-01-0333 of the said Official Records; |
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THENCE: N 16° 36' 26" E - 170.15 feet (N 15° 50' 40" E Record) along |
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the said right-of-way line to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS # 5676) set for angle point; a 5/8" iron rod |
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found with plastic cap stamped "Carter Burgess, Inc." for reference |
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bears S 13° 01' 11" W - 0.42 feet; |
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THENCE: N 09° 28' 56" E - 201.56 feet (N 08° 43' 10" E Record) along |
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the aforementioned right-of-way line to a plastic capped 1/2" iron |
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rod (stamped Taggart, RPLS # 5676) set for the beginning of a curve |
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to the right; a 5/8" iron rod found with plastic cap stamped "Carter |
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Burgess, Inc." for reference bears S 01° 25' 07" W - 0.45 feet; |
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THENCE: 103.60 feet along the west right-of-way of said FM 3083 |
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being the arc of said curve, in a northeasterly direction (Curve |
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data: Central Angle = 04° 41' 33", Radius = 1,265.00 feet, Tangent = |
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51.83 feet, the Long Chord bears N 18° 57' 33" E - 103.57 feet) to a |
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plastic capped 1/2" iron rod (stamped Taggart, RPLS # 5676) set for |
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an exterior corner and southeast corner and being the PLACE OF |
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BEGINNING: |
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Thence the following six (6) calls across the said 57.98 acre tract: |
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N 65° 30' 34" W - 202.01 feet to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS # 5676) found for an exterior corner and the |
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southwest corner; |
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N 24° 29' 26" E - 185.44 feet to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS# 5676) found for an angle point and an |
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interior corner; |
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N 04° 23' 30" W - 190.97 feet to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS # 5676) found for an exterior corner and the |
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northwest corner; |
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N 79° 14' 58" E - 48.02 feet to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS # 5676) found for and angle point and |
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interior corner; |
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N 75° 26' 16" E - 114.17 feet to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS # 5676) found for an angle point and interior |
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corner; |
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N 66° 55' 24" E - 62.16 feet to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS # 5676) found in the northeasterly line of |
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the said 57.98 acres for an exterior northeast corner, said point |
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being in the westerly boundary of a 5.7260 acre tract conveyed to |
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James L. Schulze et ux and recorded as Firm Code No. 0456-00-1454 of |
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the said Official Records; |
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THENCE: S 16° 58' 57" E - 225.37 feet along the said common boundary |
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line to a 5/8" iron rod found with plastic cap stamped "Carter |
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Burgess, Inc." for a common corner of the 57.98 acre tract of the |
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said 5.7260 acre tract in the northwesterly right-of-way line of FM |
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3083 and being the beginning of a non-tangent curve to the left; for |
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reference the radial bearing is S 53° 41' 54" E - 1,265.00 feet; |
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THENCE: 331.19 feet along the said right-of-way line of said FM 3083 |
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being the arc of said curve, in a southwesterly direction (Curve |
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data: Central Angle = 15° 00' 03", Radius = 1,265.00 feet, Tangent = |
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166.55 feet, the Long Chord bears S 28° 44' 04" W - 330.24 feet) to |
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the PLACE OF BEGINNING, and containing 2.33 acres of land. |
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And Save and Except the following: |
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Metes and bounds description of all that certain 1.67 acre |
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tract or parcel of land, lying and being situated in the John |
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McDillon Survey, A - 347, Conroe, Montgomery County, Texas, and |
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being a part of a 57.98 acre tract conveyed to Wedgewood Falls, |
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Ltd., and recorded as County Clerk Film Code No. 2004-05-5312 and |
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File No. 5891035 of the Official Public Records of Real Property, |
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Montgomery County, Texas; said tract being that same Restricted |
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Reserve "E" (Commercial) as graphically depicted on the proposed |
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plat of Wedgewood Falls, Phase 1, and being more particularly |
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described as follows: |
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COMMENCING: at a 5/8" iron rod with cap stamped "Carter & |
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Burgess, Inc." found for the southeasterly corner of the said 57.98 |
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acre tract and being in the westerly right-of-way line of FM 3083 |
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(Carter Moore Drive), being a 180 foot public street as depicted by |
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right-of-way map prepared by Carter & Burgess, dated August, 1995, |
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and being an exterior corner; said point being common with a 51.440 |
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acre tract conveyed to 55 ACRE JOINT VENTURE and recorded as Film |
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Code No. 635-01-0333 of the said Official Records; |
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THENCE: N 16° 36' 26" E - 136.54 feet (N 15° 50' 40" E Record) |
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along the said right-of-way line to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS # 5676) found for an exterior corner and the |
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southeast corner of this tract and being the PLACE OF BEGINNING; |
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Thence of the following eight (8) calls across the said 57.98 |
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acre tract: |
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N 70° 59' 21" W - 208.06 feet to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS # 5676) found for the southwest corner of |
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this tract and being an exterior corner; |
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N 16° 36' 26" E - 37.60 feet to a plastic capped 1/2" iron rod |
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(stamped Taggart, RPLS # 5676) found for an angle point and interior |
|
corner; |
|
N 06° 18' 15" E - 49.79 feet to a plastic capped 1/2" iron rod |
|
(stamped Taggart, RPLS # 5676) found for an angle point and an |
|
interior corner; |
|
N 03° 13' 27" E - 50.35 feet to a plastic capped 1/2" iron rod |
|
(stamped Taggart, RPLS # 5676) found for an angle point and an |
|
exterior corner; |
|
N 11° 43' 43" E - 87.74 feet to a plastic capped 1/2" iron rod |
|
(stamped Taggart, RPLS # 5676) found for and angle point and an |
|
exterior corner; |
|
N 19° 54' 20" E - 41.95 feet to a plastic capped 1/2" iron rod |
|
(stamped Taggart, RPLS # 5676) found for and angle point and being |
|
an exterior corner; |
|
N 24° 29' 26" E - 92.08 feet to a plastic capped 1/2" iron rod |
|
(stamped Taggart, RPLS # 5676) found for the northwest corner and an |
|
exterior corner; |
|
S 65° 30' 34" E - 202.01 feet to plastic capped 1/2" iron rod |
|
(stamped Taggart, RPLS # 5676) set for the northeast corner and an |
|
exterior corner in the westerly right-of-way line of FM 3083; said |
|
point being in a non-tangent curve to the left; for reference the |
|
radial bearing is S 68° 41' 57" E - 1,265.00 feet; |
|
THENCE: 103.60 feet along the said right-of-way line in a |
|
southwesterly direction along the arc of said curve (Curve data: |
|
Central Angle = 04° 41' 33", Radius = 1,265.00 feet, Tangent = 51.88 |
|
feet, the Long Chord bears S 18° 57' 33" W - 103.57 feet) to a plastic |
|
capped 1/2" iron rod (stamped Taggart, RPLS # 5676) set for the end |
|
of said curve and an interior corner; a 5/8" iron rod with cap |
|
stamped "Carter & Burgess, Inc." found for reference bears S 01° 25' |
|
07" W - 0.45 feet; |
|
THENCE: S 09° 28' 56" W - 201.56 feet (S 08° 43' 10" W Record) |
|
continuing along the said west right-of-way line of FM 3083 to a |
|
plastic capped 1/2" iron rod (stamped Taggart, RPLS # 5676) set for |
|
an exterior corner and angle point; a 5/8" iron rod with cap stamped |
|
"Carter & Burgess, Inc." found for reference bears S 13° 01' 11" W - |
|
0.42 feet; |
|
THENCE: S 16° 36' 26" W - 33.61 feet ( S 15° 50' 40" W Record) |
|
continuing along the said right-of-way line to PLACE OF BEGINNING |
|
and containing 1.67 acres of land. |
|
Tract III (4.58 acres) |
|
Metes and bound description of all that certain 4.58 acre |
|
tract of parcel of land, lying and being situated in the John |
|
McDillon Survey, A-347, Conroe, Montgomery County, Texas, and being |
|
a part of a called 51.440 acre tract conveyed to a 55 Acre Joint |
|
Venture and recorded in Montgomery County Clerk's File No. 9000377 |
|
of the said Official Records; said 4.58 acre tract being more |
|
particularly described as follows: |
|
BEGINNING at a 1" square head bolt for the northwest corner of |
|
the said 51.440 acre tract, and common with the southwest corner of |
|
a called 57.98 acre tract conveyed to Wedgewood Falls, Ltd. and |
|
recorded in Montgomery County Clerk's File No. 2004-055312 of the |
|
said Official Records; said point also being common with southeast |
|
corner of the Lomax 4.8 acre tract recorded as Montgomery County |
|
Clerk's File No. 8605404 of the said DRMC, and also common with the |
|
northeast corner of the E. Bowers, et ux 2.0438 acre tract recorded |
|
as Montgomery County Clerk's File No. 9603445 of the said DRMC; said |
|
point is an exterior corner in the northwest corner of this tract; |
|
THENCE N 72° 08' 32" E - 630.38 feet (N 74° 33' E Record) along |
|
the common line of the 51,440 acre tract and the said 57.98 acre |
|
tract, to a plastic capped 1/2" iron rod (stamped Taggart, RPLS # |
|
5676) found for an exterior corner, and the northeast corner of this |
|
tract; |
|
THENCE S 19° 03' 16" W - 626.46 feet across the said 51.440 |
|
acre tract to a plastic capped 1/2" iron rod (stamped Taggart, RPLS |
|
# 5676) found in a southwesterly line of the said 51.440 acre tract |
|
and the northeasterly line of a 2.000 acre tract conveyed to Louis |
|
L. Calfee, et ux and recorded in Volume 433, Page 593 of the said |
|
DRMC, for an exterior corner, and the southeast corner of this |
|
tract; |
|
THENCE N 73° 21' 43" W - 308.18 feet (N 70° 54' W Record) to a |
|
plastic capped 1/2" iron rod (stamped Taggart, RPLS 5676) found for |
|
an exterior corner, and the southwest corner of the said 51.440 acre |
|
tract; said point being and the northeasterly line of a 1.716 acre |
|
lot referred to as Restricted Reserve "A" of Section 1 of the Crouch |
|
Subdivision and recorded in Montgomery County Clerk's File No. |
|
2001-027356 of the said DRMC, and as Sheet 193, Cabinet P of the Map |
|
Record of Montgomery County, Texas, and being the southwest corner |
|
of this tract and the northwest corner of the said 2.000 acre tract; |
|
THENCE N 17° 52' 57" W - 326.35 feet (N 15° 28' W - 326.15 feet |
|
Record) along the common line of Crouch Subdivision and the said |
|
51.440 acre tract and continuing along the northeast boundary line |
|
of a 2.0438 acre tract conveyed to E. Vernon Bowers, et ux and |
|
recorded as Montgomery County Clerk's File No. 9603445 of the said |
|
Official Records to the PLACE OF BEGINNING and containing 4.58 |
|
acres. |
|
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. (a) Section 8414.107, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 8414, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8414.107 to read as follows: |
|
Sec. 8414.107. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. 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, 2013. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1260 was passed by the House on May |
|
17, 2013, by the following vote: Yeas 134, Nays 0, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 1260 was passed by the Senate on May |
|
22, 2013, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |