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relating to the creation of the Fort Bend County Municipal Utility |
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District No. 213; granting a limited power of eminent domain; |
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providing authority to impose a tax and issue bonds. |
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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 8459 to read as follows: |
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CHAPTER 8459. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 213 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8459.001. 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 Fort Bend County Municipal |
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Utility District No. 213. |
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Sec. 8459.002. 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. 8459.003. 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. 8459.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8459.003 |
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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. 8459.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, 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. 8459.006. 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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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8459.051. 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 8459.052, directors serve |
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staggered four-year terms. |
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Sec. 8459.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting 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 commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons 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 8459.003; 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 8459.003 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 8459.003; 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. 8459.101. 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. 8459.102. 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. 8459.103. 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. 8459.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road 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, zoning and |
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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. 8459.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8459.151. 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 8459.153. |
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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. 8459.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8459.151, 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. 8459.153. 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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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8459.201. 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. 8459.202. 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. 8459.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Fort Bend County Municipal Utility District |
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No. 213 initially includes all the territory contained in the |
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following area: |
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Being 580.500 acres of land located in the Noel F. Roberts |
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1-1/4 League, Abstract 79, the Thomas Westall League, Abstract 92, |
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and the Randolph Foster league, Abstract 28, Fort Bend County, |
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Texas, more particularly being all of that certain called 374.202 |
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acre tract conveyed to HUNT ROAD & POOL HILL FARMS, INC., by an |
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instrument of record in File No. 2010122491, Official Public |
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Records, of said Fort Bend County (F.B.C.O.P.R.), and a portion of |
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that certain called 753.14 acre tract conveyed to TWINWOOD (U.S.), |
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INC. by an instrument of record in File No. 2010042222, |
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F.B.C.O.P.R. said 580.500 acres being more particularly described |
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in two parts by metes and bounds as follows (all bearings are |
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assumed); |
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PART ONE |
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BEGINNING at a 1/2-inch iron pipe found marking the northwest |
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corner of said 304.5 acre tract, same being the northwest corner of |
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said Noel F. Roberts 1-1/4 League, the southwest corner of the Isaac |
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Newton Charles Survey, A-17, on the east line of the Randolph Foster |
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League, Abstract 28; |
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Thence, with the north line of said 304.5 acre tract and with |
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the common survey line of said Isaac Newton Charles Survey and the |
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Noel F. Roberts 1-1/4 League, North 88° 47' 03" East (called South |
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89° 40' East), at 476.31 feet pass a found 5/8-inch iron rod with cap |
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stamped "KALKOMEY SURVEYING", at 939.69 feet pass a found 1/2-inch |
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iron pipe, at 1,253.81 feet pass a found 1/2-inch iron pipe, at |
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1,539.66 feet pass a found 1/2-inch iron pipe, at 2,079.81 feet pass |
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a found 1/2-inch iron pipe, at 5,757.10 feet pass a found 5/8-inch |
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iron rod 4.52 feet left, at 5,777.34 feet pass a found 5/8-inch iron |
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rod with cap stamped "TEJAS" 17.68 feet left, at 5,777.54 feet pass |
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a found 1/2-inch iron pipe 2.58 feet right, at 6,791.52 feet pass a |
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found 5/8-inch iron rod 22.35 feet left and continuing a total |
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distance of 6,941.76 feet (called 6,937.1 feet) to a 1-inch square |
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rod found marking the northeast corner of said 304.5 acre tract, |
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same being the northwest corner of said 68.93 acre tract, from which |
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a found 1/2-inch iron pipe bears North 38° 01' 10" West, 0.29 feet; |
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Thence, with the north line of said 68.93 acre tract and |
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continuing with said common survey line, North 87° 57' 59" East |
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(called North 89° 31' 10" East), at 0.44 feet pass a found 5/8-inch |
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iron rod 20.02 feet left, at 1,765.40 feet pass a found 1/2-inch |
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iron pipe and continuing a total distance of 1,795.40 feet (called |
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1,794.8 feet) to a PK Nail set in asphalt marking the northeast |
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corner of said 68.93 acre tract, same being the northeast corner of |
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said Noel F. Roberts 1-1/4 League, and angle point in the southerly |
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line of said Isaac Newton Charles Survey and on the west line of the |
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Joseph San Pierre Labor, A-81; |
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Thence, with the east line of said 68.93 acre tract and with |
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the common survey line of said Noel F. Roberts 1-1/4 League and said |
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Joseph San Pierre Labor, South 03° 38' 00" East (called South 02° 07' |
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20" East), 1,690.01 feet to a PK Nail set in asphalt marking the |
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southeast corner of said 68.93 acre tract; |
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Thence, with the south line of said 68.93 acre tract, South |
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87° 21' 45" West (called South 88° 55' 10" West), at 30.00 feet pass a |
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1-1/2-inch iron pipe and continuing a total distance of 1,741.83 |
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feet (called 1,741.5 feet) to a 3/4-inch iron pipe found marking the |
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southwest corner of said 68.93 acre tract, same being the southeast |
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corner of the aforementioned 304.5 acre tract; |
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Thence, with the southerly lines of said 304.5 acre tract, |
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the following nine (9) courses: |
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1) South 87° 34' 14" West (called South 89° 06' West), at |
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40.77 feet pass a found 1/2-inch iron rod, at 1,021.35 feet pass a |
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found 1/2-inch iron rod (bent), at 1,349.43 feet pass a found |
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1/2-inch iron rod (bent) and continuing a total distance of |
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1,552.69 feet (called 1,553.3 feet) to a found 1/2-inch iron pipe |
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for corner; |
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2) South 88° 17' 58" West (called South 89° 53' West), at |
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543.82 feet pass a found 1/2-inch iron rod, at 1,072.28 feet pass a |
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found 1/2-inch iron rod and continuing a total distance of 1,398.93 |
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feet (called 1,398.8 feet) to a 1/2-inch iron pipe found for corner; |
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3) South 88° 41' 22" West (called North 89° 59' West), at |
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212.57 feet pass a found 1/2-inch iron rod and continuing a total |
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distance of 509.84 feet (called 510.4 feet) to a 1/2-inch iron pipe |
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found for corner; |
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4) North 88° 28' 03" West (called North 86° 52' West), at |
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414.15 feet pass a found 1/2-inch iron pipe, from which a found |
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3/4-inch iron pipe bears South 79° 28' 45" West, 0.07 feet, at 564.06 |
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feet pass a found 1/2-inch iron pipe and continuing a total distance |
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of 917.85 feet (called 918 feet) to a 1/2-inch iron pipe found |
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marking a reentrant corner of said 304.5 acre tract, from which a |
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found 1-inch iron pipe bears North 75° 57' 17" West, 3.57 feet; |
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5) South 01° 32' 01" East, 376.60 feet (called South 0° 34' |
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East, 376.4 feet) to a 2 1/2-inch iron pipe filled with concrete |
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found for corner; |
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6) South 82° 56' 56" West, 2,153.14 feet (called South 84° 30' |
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West, 2,153 feet) to a 1-inch iron pipe found marking the most |
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southerly southwest corner of said 304.5 acre tract; |
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7) North 38° 07' 55" West, 184.80 feet (called North 38° 05' |
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West, 182.6 feet) to a PK Nail set in asphalt for corner; |
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8) North 50° 57' 38" West, 100.00 feet (called North 49° 20' |
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West, 100 feet) to a PK Nail set in asphalt for corner; |
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9) North 61° 17' 38" West (called North 59° 40' West, 400 |
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feet), 400.00 feet to a to a chiseled "X" in concrete foundation of |
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a masonry column set marking the most westerly southwest corner of |
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said 304.5 acre tract, same being on the west line of the |
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aforementioned Noel F. Roberts 1-1/4 League; |
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Thence, with the west line of said 304.5 acre tract and the |
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west line of said Noel F. Roberts 1-1/4 League, North 01° 40' 38" |
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West (called North 0° 03' West), at 1,638.97 feet pass a found |
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1/2-inch iron pipe (bent) and continuing a total distance of |
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1,891.30 feet (called 1,891.3 feet) to the POINT OF BEGINNING and |
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containing 374.202 acres of land. |
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PART TWO |
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BEGINNING at the northeast corner of the aforementioned |
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753.14 acre tract being on the west right-of-way line of F.M. |
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Highway 1489 (100-feet wide); |
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Thence, South 08° 29' 10" West, along the common line of said |
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753.14 acres and F.M. Highway 1489, 1309.56 feet to a point for |
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corner, the beginning of a curve; |
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Thence, continuing along said common line, along the arc of a |
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tangent curve to the left having a radius of 2915.00 feet, a central |
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angle of 13° 18' 58", an arc length of 677.47 feet, and a chord which |
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bears South 01° 49' 41" West, 675.95 feet to a point for corner; |
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Thence, South 04° 49' 47" East, continuing along said common |
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line, 366.55 feet to a point for corner; |
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Thence, North 58° 01' 50" West, 344.69 feet to a point for |
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corner; |
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Thence, North 67° 52' 22" West, 486.32 feet to a point for |
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corner; |
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Thence, North 77° 58' 51" West, 484.53 feet to a point for |
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corner; |
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Thence, North 86° 41' 50" West, 354.17 feet to a point for |
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corner; |
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Thence, North 89° 52' 54" West, 136.95 feet to a point for |
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corner; |
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Thence, South 81° 42' 43" West, 69.88 feet to a point for |
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corner; |
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Thence, North 89° 37' 02" West, 1424.54 feet to a point for |
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corner; |
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Thence, South 88° 57' 19" West, 182.21 feet to a point for |
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corner; |
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Thence, South 82° 02' 27" West, 482.09 feet to a point for |
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corner; |
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Thence, South 72° 03' 46" West, 486.22 feet to a point for |
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corner; |
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Thence, South 61° 57' 08" West, 233.22 feet to a point for |
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corner on the east bank of the Brazos River; |
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Thence, along the east bank of the Brazos River, the |
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following fourteen (14) meanders: |
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1) North 17° 44' 47" West, 107.33 feet to a point for corner; |
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2) North 20° 07' 24" West, 157.79 feet to a point for corner; |
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3) North 15° 43' 07" West, 193.69 feet to a point for corner; |
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4) North 19° 22' 20" West, 236.23 feet to a point for corner; |
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5) North 18° 32' 59" West, 174.71 feet to a point for corner; |
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6) North 15° 37' 20" West, 138.21 feet to a point for |
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7) North 04° 12' 38" East, 148.92 feet to a point for corner; |
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8) North 13° 04' 30" West, 128.01 feet to a point for corner; |
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9) North 06° 53' 54" West, 148.38 feet to a point for corner; |
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10) North 16° 59' 58" West, 204.57 feet to a point for |
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corner; |
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11) North 09° 12' 42" West, 115.68 feet to a point for |
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corner; |
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12) North 23° 22' 04" West, 125.07 feet to a point for |
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corner; |
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13) North 11° 23' 30" West, 91.41 feet to a point for corner; |
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14) Thence, North 09° 52' 05" West, 91.87 feet to a point for |
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corner; |
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Thence, North 87° 54' 31" East, leaving said east bank of the |
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Brazos River 810.55 feet to a point for corner; |
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Thence, North 87° 39' 52" East, along the north line of the |
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aforementioned 753.14 acre tract, 1000.53 feet to a point for |
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corner; |
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Thence, North 88° 12' 04" East, continuing along said north |
|
line, 999.05 feet to a point for corner; |
|
Thence, North 87° 58' 49" East, continuing along said north |
|
line, 1000.18 feet to a point for corner; |
|
Thence, North 87° 38' 33" East, continuing along said north |
|
line, 1414.59 feet to the POINT OF BEGINNING and containing 206.298 |
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acres of land. |
|
Said Part One and Part Two containing a total of 580.500 acres |
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of land. |
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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) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8459, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8459.106 to read as follows: |
|
Sec. 8459.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Subsection (c), |
|
Section 17, 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. |
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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. 1069 passed the Senate on |
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April 18, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
|
Secretary of the Senate |
|
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I hereby certify that S.B. No. 1069 passed the House on |
|
May 20, 2013, by the following vote: Yeas 147, Nays 0, two |
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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 |