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relating to the creation of the Harris County Municipal Utility |
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District No. 545; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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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 7911 to read as follows: |
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CHAPTER 7911. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 545 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7911.001. 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 Municipal |
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Utility District No. 545. |
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Sec. 7911.002. 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. 7911.003. 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. 7911.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7911.003 |
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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. 7911.005. 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. 7911.006. 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. 7911.051. 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 7911.052, directors serve |
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staggered four-year terms. |
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Sec. 7911.052. 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 7911.003; 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 7911.003 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 7911.003; 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. 7911.101. 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. 7911.102. 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. 7911.103. 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. 7911.104. 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, |
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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. 7911.105. 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. 7911.151. 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 7911.153. |
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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. 7911.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7911.151, 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. 7911.153. 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. 7911.201. 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. 7911.202. 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. 7911.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Harris County Municipal Utility District No. |
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545 initially includes all the territory contained in the following |
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area: |
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TRACT 1 |
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Being a 375.4904 acre tract of land located in the Alex |
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Gulliver Survey, A-287, Harris County, Texas; said 375.490 acre |
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tract being all of Parcel 2 and part of Parcel 1 of those certain |
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tracts of land conveyed to Browning-Ferris, Inc. in Clerk's File |
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No. J423478 of the Official Public Records of Real Property of |
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Harris County (O.P.R.R.P.H.C.); said 375.4904 acre tract being more |
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particularly described by metes and bounds as follows: |
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BEGINNING at a 2 inch iron pipe found marking the South East |
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corner of said Parcel 2 and this 375.4904 acre tract, said iron pipe |
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also being at the west right-of-way line of Katy-Hockley Road (60 |
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ROW) with the south line of said Alex Gulliver Survey (Texas State |
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Plane Grid Coordinate - N 13,901,376.95, E 2,979,348.81) from which |
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a 6"x8" wood post bears 3.4' South and 1' West and a 6"x8" wood post |
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bears 9.8' North and 7.4' West; |
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THENCE with the South line of said Parcel 2 and said Alex |
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Gulliver Survey S 87° 45' 04" W (call N 89° 35' 30" W), a distance of |
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3693.56 feet (call 3693.5') to a 5/8 inch iron rod found marking the |
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South West corner of said Parcel 2 and this 375.4904 acre tract from |
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which a found 2 inch iron pipe bears 0.3 feet South and 1.1 feet West |
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and a 10" wood post bears 0.4' North and 0.7' East and a 6"x6" post |
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bears 7.0' North; |
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THENCE with the West line of said Parcel 1 and Parcel 2 N 02° |
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39' 32" W (call North); passing at 3543.85 feet a 5/8 inch rod found |
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on line; for a total distance of 3738.68 feet to a point marking the |
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most Westerly Northwest corner of this 375.4904 acre tract and the |
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center of Cypress Creek from which a found 5/8 inch iron rod on the |
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South right-of-way line of Jack Road bears N 02° 39' 32" W - |
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7855.85'; |
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THENCE in a Northeasterly direction following the centerline |
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of Cypress Creek as follows; |
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N 77° 15' 48" E a distance of 101.67'; |
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N 44° 09' 12" E a distance of 364.36'; |
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N 52° 36' 41" E a distance of 96.99'; |
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N 69° 47' 56" E a distance of 257.30'; |
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N 70° 28' 26" E a distance of 40.96'; |
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N 60° 01' 08" E a distance of 306.21; |
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N 34° 02' 48" E a distance of 206.56'; |
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N 54° 45' 52" E a distance of 379.68'; |
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S 87° 13' 46" E a distance of 304.19'; |
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N 60° 37' 56" E a distance of 202.01'; |
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N 72° 51' 00" E a distance of 123.01'; |
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N 75° 04' 09" E a distance of 106.47'; |
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S 82° 54' 21" E a distance of 217.72'; |
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N 67° 26' 24" E a distance of 43.87'; |
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N 44° 46' 22" E a distance of 22.16'; |
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N 27° 45' 53" E a distance of 146.73'; |
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N 10° 34' 30" E a distance of 107.54'; |
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N 04° 41' 58" E a distance of 155.90'; |
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N 10° 17' 33" W a distance of 109.20'; |
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N 19° 34' 23" W a distance of 96.97'; |
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N 13° 40' 48" E a distance of 78.84'; |
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N 42° 29' 48" E a distance of 94.79'; |
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N 44° 24' 16" E a distance of 185.03; |
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N 68° 38' 22" E a distance of 54.86'; |
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N 87° 07' 41" E a distance of 102.87'; |
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S 75° 42' 29" E a distance of 88.44'; |
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S 59° 29' 38" E a distance of 143.78'; |
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S 44° 01' 53" E a distance of 268.54'; |
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S 57° 21' 29" E a distance of 73.29'; |
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S 81° 34' 10" E a distance of 106.15'; |
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N 58° 07' 34" E a distance of 185.00'; |
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N 67° 38' 05" E a distance of 91.09 feet to the Northeast |
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corner of this 375.4904 acre tract; |
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THENCE leaving the centerline of Cypress Creek and following |
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the West line of said Katy-Hockley Road S 02° 40' 13" E (call South); |
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passing at 78.03 feet a 5/8 inch iron rod with cap set on line; for a |
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total distance of 406.03 feet to a bent 5/8 inch iron rod found at an |
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offset in the West line of said road; |
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THENCE N 88° 51' 46" E (call East) a distance of 19.92 feet |
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(call 20.00') to a found 5/8 inch iron rod in the West line of said |
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Katy-Hockley Road; |
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THENCE with the West line of said Katy-Hockley Road S 02° 09' |
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39" E (call South) a distance of 8.28 feet (call 8.25') to a set 5/8 |
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inch iron rod with cap marking the North East corner of that certain |
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27.84 acre conservation easement conveyed to Wetland Habitat |
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Alliance of Texas, Inc. in Clerk's File No. Z224251 of the Harris |
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County Clerk's File (HCCF) from which a 6"x8" wood post bears 0.1' |
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North and 5.3' West; |
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THENCE along the North line of said 27.84 acre tract N 89° 16' |
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47" W (call N 89° 16' 46" W) a distance of 481.38 feet to a set 5/8 |
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inch iron rod with cap for a corner; |
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THENCE along the North line of said 27.84 acre tract S 89° 25' |
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12" W (call S 89° 24' 54" W) a distance of 445.28 feet to a set 5/8 |
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inch iron rod with cap for a corner; |
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THENCE along the Westerly line of said 27.84 acre tract S 26° |
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10' 39" W (call S 26° 10' 48" W) a distance of 770.56 feet to a found |
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6 inch metal fence post for a corner; |
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THENCE along the West line of said 27.84 acre tract S 10° 38' |
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48" E (call S 10° 38' 39" E) a distance of 391.77 feet to a set 5/8 |
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inch iron rod with cap marking the Southwest corner of said 27.84 |
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acre tract from which a 6 inch fence post bears 0.6' North and 0.6' |
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East; |
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THENCE along the South line of said 27.84 acre tract N 86° 26' |
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48" E (call N 86° 27' 01" E) a distance of 1242.91 (call 1242.97') |
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feet to a set 5/8 inch iron rod with cap marking the Southeast |
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corner of said 27.84 acre tract on the West line of said |
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Katy-Hockley Road from which a 4" wood post bears 0.2' North and |
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1.1' East; |
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THENCE with the West line of said Katy-Hockley Road and said |
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Parcels 1 and Parcel 2 S 02° 39' 32" E (call South) a distance of |
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4007.75 feet to the POINT OF BEGINNING. Bearings based on Texas |
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Coordinate System NAD 83 (SCZ). |
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TRACT 2 |
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Being 131.7873 acres of land situated partially in the Alex |
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Gulliver Survey, Abstract No. 287 and partially within the Thomas |
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Coghill Survey, Abstract No. 203, Harris County, Texas, and being |
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all of that certain called 131.8340 acre tract of land as conveyed |
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to James M. Meley, by deed, recorded under Harris County Clerk's |
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File No. P295053, on June 17, 1993. Said 131.7873 acre tract being |
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more fully described by metes and bounds as follows: |
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All bearings referenced herein are based on the Texas State |
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Plane Coordinate System, Texas South Central Zone. |
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COMMENCING at a 1/2 inch iron rod inside of a 2 inch iron pipe |
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found for the southeasterly boundary corner of that certain called |
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375.4904 acre tract of land as conveyed to Cunningham Interests II, |
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Ltd., by deed, recorded under Harris County Clerk's File |
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No. 20110540938, on December 21, 2011, and being the northeasterly |
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boundary corner of that certain called 440.7637 acre tract of land |
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as conveyed to Harris County Flood Control District, by deed, |
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recorded under Harris County Clerk's File No. V437474, on October |
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31, 2001, also being located in the westerly right-of-way line of |
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Katy - Hockley Road, based on a width of 60 feet; |
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THENCE South 87°45'10" West, along the common boundary line |
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between the said 375.4904 acre tract and the said 440.7637 acre |
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tract, for a distance of 3,693.56 feet, to a 5/8 inch iron rod found |
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for the POINT OF BEGINNING of the herein described tract of land; |
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THENCE South 87°45'10" West, continuing along the northerly |
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boundary line of the said 440.7637 acre tract of land, for a |
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distance of 1,644.87 feet, to a 5/8 inch iron rod found for corner, |
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said iron rod being the southeasterly boundary corner of that |
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certain called 50.9771 acre tract as conveyed to N.W.R.C. Land, |
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Ltd., by deed, recorded under Harris County Clerk's File |
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No. P295056, on June 17, 1993; |
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THENCE North 21°34'47" West, along the easterly boundary line |
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of the said 50.9771 acre tract, passing at a distance of 1,576.52 |
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feet, a 5/8 inch iron rod found on line for reference, and |
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continuing on for a total distance of 1,772.23 feet, to the |
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|
centerline of Cypress Creek, a natural drainage course; |
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|
THENCE along the natural meanders of Cypress Creek, the |
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following thirteen (13) courses and distances: |
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South 84°00'48" East, for a distance of 42.29 feet to a |
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point for corner; |
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North 48°15'04" East, for a distance of 244.19 feet to a |
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point for corner; |
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North 33°00'21" East, for a distance of 156.79 feet to a |
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point for corner; |
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North 23°17'34" East, for a distance of 279.59 feet to a |
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point for corner; |
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North 38°51'29" East, for a distance of 113.35 feet to a |
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point for corner; |
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North 41°48'59" East, for a distance of 89.56 feet to a |
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point for corner; |
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North 43°13'33" East, for a distance of 366.87 feet to a |
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point for corner; |
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North 48°08'11" East, for a distance of 268.75 feet to a |
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point for corner; |
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North 41°56'26" East, for a distance of 480.31 feet to a |
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point for corner; |
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North 40°42'48" East, for a distance of 271.12 feet to a |
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point for corner; |
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North 53°11'28" East, for a distance of 194.90 feet to a |
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point for corner; |
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North 53°39'35" East, for a distance of 337.61 feet to a |
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point for corner; |
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North 56°23'37" East, for a distance of 232.22 feet to a |
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point for corner, said point being the northwesterly boundary |
|
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corner of the said 375.4904 acre tract; |
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THENCE South 02°39'34" East, along the westerly boundary line |
|
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of the said 375.4904 acre tract, for a distance of 3743.84 feet, to |
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the POINT OF BEGINNING and containing within these calls 5,740,655 |
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square feet or 131.7873 acres of land. |
|
|
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 |
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vote of all the members elected to each house, Subchapter C, Chapter |
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7911, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7911.106 to read as follows: |
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Sec. 7911.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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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, 2015. |
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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. 1001 passed the Senate on |
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May 8, 2015, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1001 passed the House on |
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May 27, 2015, by the following vote: Yeas 144, Nays 0, |
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two present not voting. |
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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 |