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AN ACT
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relating to the creation of the Harris County Water Control and |
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Improvement District No. 161; granting the power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, or taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9047 to read as follows: |
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CHAPTER 9047. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
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NO. 161 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9047.001. 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 Harris County Water Control |
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and Improvement District No. 161. |
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Sec. 9047.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9047.003. 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. 9047.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 9047.003 |
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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. 9047.005. 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 water control and improvement district as |
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provided by general law and Section 59, Article XVI, Texas |
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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. 9047.006. 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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Sec. 9047.007. APPLICABILITY OF LAW GOVERNING METROPOLITAN |
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WATER CONTROL AND IMPROVEMENT DISTRICTS. (a) Except as otherwise |
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provided by this chapter, Chapter 702 (S.B. 1358), Acts of the 68th |
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Legislature, Regular Session, 1983 (Article 717r, Vernon's Texas |
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Civil Statutes), applies to the district. |
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(b) Section 3, Chapter 702 (S.B. 1358), Acts of the 68th |
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Legislature, Regular Session, 1983 (Article 717r, Vernon's Texas |
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Civil Statutes), does not apply to the district. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9047.051. 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 9047.052, directors serve |
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staggered four-year terms. |
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Sec. 9047.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Jeff Safe; |
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(2) Katy Walston; |
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(3) Brandon Buell; |
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(4) Bob Mueller; and |
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(5) Chad Meacham. |
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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 9047.003; 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 9047.003 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 9047.003; 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. 9047.101. 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. 9047.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 9047.103. 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. 9047.104. 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. 9047.105. 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 by the |
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City of Houston, Texas, that consents to the creation of the |
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district or to the inclusion of land in the district. |
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Sec. 9047.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district boundaries to acquire: |
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(1) a site for a water treatment plant, water storage |
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facility, wastewater treatment plant, or wastewater disposal |
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plant; |
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(2) a site for a park, swimming pool, or other |
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recreational facility, as defined by Section 49.462, Water Code; |
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(3) an exclusive easement through a county regional |
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park; or |
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(4) a site or easement for a road project. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9047.151. 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 9047.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 51, 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. 9047.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 9047.151, 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. 9047.153. 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. 9047.201. 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. 9047.202. 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 Section 51.433, Water Code. |
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Sec. 9047.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Harris County Water Control and Improvement |
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District No. 161 initially includes all the territory contained in |
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the following area: |
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Being 411.665 acres of land located in the Sylvester Murphy |
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League, Abstract 53, William Dobie 1/4 League, Abstract 16 and |
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James Routh Survey, Abstract 64, Harris County, Texas, more |
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particularly being all of that certain called 344.69 acre tract |
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(described herein as Tract 1) conveyed to Clear Dorado Land |
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Associates, L.P., by instrument of record in File No. 20070394486, |
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Official Public Records of Real Property, of said Harris County |
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(H.C.O.P.R.R.P.), and that certain called 66.96 acre tract |
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(described herein as Tract 2) conveyed to Clear Dorado Land |
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Associates, L.P., by instrument of record in File No. 20070394486, |
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and a portion of Clear Lake Substation, a Partial Replat, a |
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subdivision of record at Film Code No. 350118, Map Records, Harris |
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County, Texas (H.C.M.R.), said 411.665 acres being more |
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particularly described in two (2) parts by metes and bounds as |
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follows (all bearings referenced to the Texas State Plane |
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Coordinate System, South Central Zone, NAD 83, 2001 adjustment); |
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TRACT 1 |
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Beginning at a 5/8-inch iron rod found for the Northeast |
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corner of Northfork, Section Seven, a subdivision of record under |
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Film Code No. 374011 of the Harris County Map Records (H.C.M.R), |
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same being a point on the southeasterly line of a called 50.342 acre |
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tract reserved by Exxon Corporation as recorded under File No. |
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P454723 of said H.C.O.P.R.R.P, and being the most westerly corner |
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of aforementioned 344.69 acre tract; |
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Thence, along the common line of said 50.342 acre tract and |
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said 344.69 acre tract the following four (4) courses; |
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1) North 34° 41' 55" East, 115.25 feet to a 5/8-inch |
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iron rod with cap stamped "SURVCON" found for corner; |
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2) South 30° 53' 52" East, 3.52 feet to a 5/8-inch iron |
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rod with cap stamped "SURVCON" found for corner; |
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3) North 36° 19' 04" East, 1,324.88 feet to a 5/8-inch |
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iron rod with cap stamped "SURVCON" found for corner; |
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4) North 35° 33' 30" East, 932.52 feet to a 5/8-inch |
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iron rod with cap stamped "SURVCON" found for corner, same being the |
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northwest corner of said 344.69 acre tract; |
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Thence, North 86° 13' 52" East, along the north line of said |
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344.69 acre tract and departing said common line, a distance of |
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4,426.85 feet to a 5/8-inch iron rod with cap stamped "SURVCON" |
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found for corner, same being the northeasterly corner of said |
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344.69 acre tract; |
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Thence, South 07° 01' 20" West, along the easterly line of |
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said 344.69 acre tract, 1,326.87 feet to a 5/8-inch iron rod with |
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cap stamped "SURVCON" found for corner, same being the most |
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northerly corner of a called 13.815 acre tract reserved by Exxon |
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Corporation as recorder under File No. P454723 of aforementioned |
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H.C.O.P.R.R.P; |
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Thence, South 52° 01' 20" West, along the northwesterly line |
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of said 13.815 acre tract 2,676.23 feet to a 5/8-inch iron rod with |
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aluminum disc found for corner, same being the southeast corner of |
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Restricted Reserve "A" as shown on the map of Clear Lake Substation |
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as recorded under Volume 345, Page 135 of Harris County Map Records; |
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Thence, departing said northwesterly line, along the |
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easterly, northerly and westerly lines of said Restricted Reserve |
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"A", the following five (5) courses; |
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1) North 04° 17' 13" West, 96.15 feet to a 5/8-inch iron |
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rod with aluminum disc found for corner; |
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2) South 52° 01' 20" West, 457.57 feet to a 5/8-inch |
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iron rod with aluminum disc found for corner; |
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3) North 37° 58' 40" West, 270.00 feet to a 5/8-inch |
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iron rod with aluminum disc found for corner; |
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4) South 52° 01' 20" West, 350.00 feet to a 5/8-inch |
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iron rod found for corner; |
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5) South 37° 58' 40" East, 350.00 feet to a 5/8-inch |
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iron rod with aluminum disc found for corner on the aforementioned |
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northwesterly line of said 13.815 acre tract; |
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Thence, along the northwesterly line of aforementioned |
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13.815 acre tract the following three (3) courses; |
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1) South 52° 01' 20" West, 1,423.48 feet to a 5/8-inch |
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iron rod, found for corner; |
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2) South 51° 00' 38" West, 1,057.28 feet to a 5/8-inch |
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iron rod, found for corner; |
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3) South 53° 12' 58" West, 159.01 feet to a 5/8-inch |
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iron rod with cap stamped "SURVCON" found for corner, the beginning |
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of a curve, same being a point on the northeasterly right-of-way |
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line of Almond Creek Drive (60 feet wide) as shown on Northfork |
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Section Three, a subdivision of record at film Code No. 357077 of |
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said Harris County Map Records; |
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Thence 38.01 feet along said existing northeasterly |
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right-of-way line of Almond Creek Drive and along the arc of a |
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non-tangent curve to the right, having a radius of 570.00 feet, a |
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central angle of 03° 49' 14" and a chord which bears North 35° 43' 49" |
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West 38.00 feet to a 5/8-inch iron rod, found for corner; |
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Thence, North 33° 49' 13" West, continuing along said existing |
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northeasterly right-of-way line to the most southerly corner of Lot |
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1, Block 4 of Northfork Section Three, 76.16 feet to a 5/8-inch |
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iron rod, found for corner; |
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Thence, North 51° 00' 33" East, along the southeasterly line |
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of said Block 4, 732.55 feet to a 5/8-inch iron rod, found for |
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corner, same being the southeast corner of Northfork Section Five, |
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a subdivision of record at Film Code No. 371088 of said Harris |
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County Map Records; |
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Thence, North 30° 56' 29" West, along the northeasterly line |
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of said Northfork Section Five, passing at 793.92 a found 5/8-inch |
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iron rod for the common easterly corner of said Northfork Section |
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Five and aforementioned Northfork Section Seven, continuing in all, |
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2,682.04 feet to the POINT OF BEGINNING and containing 344.695 |
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acres of land. |
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TRACT 2 |
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BEGINNING at a found 5/8-inch iron rod, found for the |
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northeast corner of aforementioned 66.96 acre tract; |
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Thence, South 07° 01' 17" West, 141.53 feet, to a 5/8-inch |
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iron rod with cap stamped "LJA ENG", set for corner on the |
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northwesterly line of Pine Brook Section Nine, a subdivision of |
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record at Film Code 385128 of said H.C.M.R; |
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Thence, South 52° 01' 20" West, along said northwesterly line |
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of Pine Brook Section Nine, 1,000.00 feet to a point for corner, |
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from which a found 5/8-inch iron rod bears North 16°52'22" West, |
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0.47 feet; |
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Thence, South 22° 07' 41" West, 2,004.76 feet to a point for |
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corner, same being the northeasterly corner of Restricted Reserve |
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"B", as shown on El Dorado Boulevard Fire Station, a subdivision of |
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record at Film Code No. 358053 of the Harris County Map Records and |
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an angle point on the southerly line of said 66.96 acre tract; |
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Thence, along the common line of said Restricted Reserve "B" |
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and said 66.96 acre tract the following four (4) courses; |
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1) South 63° 49' 46" West, 344.32 feet to a point for |
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corner, the beginning of a curve; |
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2) 26.43 feet along the arc of a non-tangent curve to |
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the left, having a radius of 3055.00 feet, a central angle of 00° 29' |
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44", and a chord which bears South 63°55' 26" West, 26.43 feet to a |
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point for corner, the beginning of a curve; |
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3) 65.86 feet along the arc of a non-tangent curve to |
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the left, having a radius of 2075.00 feet, a central angle of 01° 49' |
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06", and a chord which bears North 35° 26' 45" West, 65.85 feet to a |
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point for corner, the beginning of a curve; |
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4) 352.28 feet along the arc of a non-tangent curve to |
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the left, having a radius of 2575.00 feet, a central angle of 07° 50' |
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18", and a chord which bears North 38° 19' 18" West, 352.00 feet to a |
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point for corner, the beginning of a curve; |
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Thence, along the northerly line of said Restricted Reserve |
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"B" and the south line of said 66.96 acre tract, passing at an arc |
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distance of 25.81 feet the northwesterly corner of said Restricted |
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Reserve "B" and the easterly right-of-way line of said El Dorado |
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Boulevard, passing at an arc distance of 128.72 feet the westerly |
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right-of-way line of said El Dorado Boulevard and northeasterly |
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corner of Restricted Reserve "A" of said El Dorado Boulevard Fire |
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Station, passing at an arc distance of 502.38 feet the common |
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northerly corner of said Restricted Reserve "A" and a called |
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16.0808 acre tract, conveyed to Harris County Flood Control |
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District at File No. S990332 of the Harris County Official Public |
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Records of Real Property, and continuing in all, 823.58 feet along |
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the arc of a non-tangent curve to the left, having a radius of |
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3465.00 feet, a central angle of 13° 37' 06", and a chord which bears |
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South 55° 28' 50" West, 821.64 feet to a point for corner; |
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Thence, South 48° 40' 17" West, along the northerly line of |
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said 16.0808 acre tract and the south line of said 66.96 acre tract, |
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100.00 feet to a point for corner, the beginning of a curve; |
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Thence, with the common line of said 16.0808 acre tract and |
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said 66.96 acre tract, along the arc of a tangent curve to the |
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right, having a radius of 4,535.00 feet, passing at an arc distance |
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of 1,186.78 feet the nortwest corner of said 16.0808 acre tract and |
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the northeast corner of Restricted Reserve "B" as shown on |
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Northfork Section Three, a subdivision of record as shown at Film |
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Code No. 357077 of the Harris County Map Records, continuing in all |
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a total arc length of 1,201.84 feet through a central angle of 15° |
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11' 03", and a chord which bears South 56° 15' 49" West, 1,198.32 |
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feet to a point for corner; |
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Thence, South 30° 56' 24" East, along the westerly line of |
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said Restricted Reserve "B" 104.90 feet to a point for corner, same |
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being the northerly corner of Lot 9, Block 2 of said Northfork, |
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Section Three |
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Thence, South 86° 49' 38" West, along the northerly line of |
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said Northfork, Section Three and the most southwesterly line of |
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aforementioned 66.96 acre tract, 726.08 feet to a point for corner, |
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same being the northwest corner of Lot 23, Block 2 as shown on said |
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Northfork, Section Three and a point on the easterly right-of-way |
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line of Almond Creek Drive, (60 feet wide) as shown on the map of |
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Northfork, Section Three, a subdivision of record at Film Code |
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Number 357077, of the Harris County Map Records; |
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Thence, North 53° 17' 55" West, along the east right-of-way |
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line of said Almond Creek Drive and said 66.96 acre tract, 97.01 |
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feet to a point for corner, the beginning of a curve; |
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Thence, along the common line of said Almond Creek Drive and |
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said 66.96 acre tract, 55.12 feet along the arc of a tangent curve |
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to the right, having a radius of 570.00 feet, a central angle of 05° |
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32' 27", and a chord which bears North 50° 31' 41" West, 55.10 feet |
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to a point for corner, same being the Northwest corner of said 66.96 |
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acre tract, and a point on the northeasterly right-of-way line of |
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said Almond Creek Drive, and the most southerly corner of a called |
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13.815 acre tract reserved by Exxon Corporation as recorded under |
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File No. P454723 of the Harris County Official Public Records of |
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Real Property (H.C.O.P.R.R.P); |
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Thence along the southerly line of said 13.815 acre tract and |
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the north line of said 66.96 acre tract the following three (3) |
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courses; |
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1) North 53° 12' 58" East 150.62 feet to a point for |
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corner; |
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2) Thence, North 51° 00' 38" East, 1,058.39 feet to a |
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point for corner; |
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3) Thence, North 52° 01' 20" East, 4,753.03 feet to the |
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POINT OF BEGINNING and containing 66.970 acres of land. |
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Said Tract 1 and Tract 2, containing a total of 411.665 acres |
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of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) Section 9047.106, Special District Local |
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Laws Code, as added by Section 1 of this Act, takes effect only if |
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this Act receives a two-thirds vote of all the members elected to |
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each house. |
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(b) If this Act does not receive a two-thirds vote of all the |
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members elected to each house, Subchapter C, Chapter 9047, Special |
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District Local Laws Code, as added by Section 1 of this Act, is |
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amended by adding Section 9047.106 to read as follows: |
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Sec. 9047.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Subsection (c), |
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Section 17, Article I, Texas Constitution. |
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SECTION 5. 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, 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. 1841 passed the Senate on |
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April 25, 2013, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1841 passed the House on |
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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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Date |
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______________________________ |
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Governor |