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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Montgomery County Municipal Utility |
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District No. 152; 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 7932 to read as follows: |
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CHAPTER 7932. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 152 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7932.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Montgomery County Municipal |
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Utility District No. 152. |
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Sec. 7932.002. 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. 7932.003. 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. 7932.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7932.003 |
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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. 7932.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7932.006. 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. 7932.051. 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 7932.052, directors serve |
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staggered four-year terms. |
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Sec. 7932.052. 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 7932.003; 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 7932.003 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 7932.003; 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. 7932.101. 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. 7932.102. 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. 7932.103. 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. 7932.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7932.105. 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. 7932.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7932.153. |
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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. 7932.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7932.151, 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. 7932.153. 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. 7932.201. 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. 7932.202. 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. 7932.203. 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 Montgomery County Municipal Utility District |
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No. 152 initially includes all the territory contained in the |
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following area: |
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A METES & BOUNDS description of a certain 695.3 acre tract of |
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land situated in the Montgomery County School Land Survey, Abstract |
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No. 351, the T. F. Johnson Survey, Abstract No. 299 and the Timothy |
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O'Neil Survey, Abstract No. 406 in Montgomery County, Texas, being |
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comprised of a called 364.7 acre tract of land (First Tract) and a |
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called 330.6 acre tract of land (Second Tract) conveyed to Bell |
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Endeavors, Ltd. From Helen Hilliard Brame by Special Warranty Deed |
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recorded in Clerk's File No. 2004-021196 of the Montgomery County |
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Official Public Records of Real Property; said 695.3 acre tract |
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being more particularly described in Two (2) Tracts as follows with |
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all bearings being based on a call of South 51°30' West, along the |
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common lines of the First and Second Tracts; |
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TRACT 1: 364.7 acres, more or less, of land, of which 286.5 |
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acres, more or less, lies in the Montgomery County School Land |
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Survey, Abstract No. 350, 69.2 acres, more or less, lies in the |
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Montgomery County School Land Survey, Abstract No. 351, 6.5 acres, |
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more or less, lies in the T. F. Johnson Survey, Abstract No. 299, |
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and 2.5 acres, more or less, lies in the Timothy O'Neil Survey, |
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Abstract No. 406, and being the same land as conveyed to Winnie |
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Helen Hilliard by partition deed dated July 20, 1957, recorded in |
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Volume 434, Page 441 of the Deed Records of Montgomery County, |
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Texas; said 364.7 acres, more or less, of land being more |
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particularly described as follows: |
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BEGINNING at the Southwest corner of the S. Richardson |
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Survey, Abstract No. 460 and the Northwest corner of the T. F. |
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Johnson Survey, the Eastern Southeast corner of the Montgomery |
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County School Land Survey, Abstract No. 350, a Northeast intra |
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corner of the Montgomery County School Land Survey, Abstract |
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No. 351, and being Corner No. 1 hereof; |
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THENCE, S 00°30' W, 199.3 feet to Corner No. 2 hereof at the |
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Southwest corner of the Blanche Bender tract of land; |
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THENCE, East, 746.4 feet to Corner No. 3 hereof and the |
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Second Corner of Tract 2 hereof; |
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THENCE, S 51°30' W, 2738 feet to Corner No. 4 hereof and |
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Corner No. 1 of said Tract Two hereof, also being in the Northern |
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boundary line of a 660 acre tract as conveyed to Winnifred Bender |
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Beaman by said partition deed recorded in Volume 434, Page 441 of |
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said Deed Records, and also being the Southeast corner of the Doris |
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Eugenia Vaughan tract as described in said partition deed; |
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THENCE, N 38°35' W, 6268.4 feet to Corner No. 5 hereof and the |
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Northeast corner of said Doris Eugenia Vaughan tract in the center |
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of the Scott-Herrin Road; |
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THENCE, N 47°30' E, 800.4 feet with said Road [Deed (Volume |
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434, Page 441) call of N 46°40' E, 759.2 feet] to Corner No. 6 |
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hereof; |
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THENCE, N 70°06' E, 1110.0 feet continuing with said road |
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[Deed (Volume 434, Page 441) call of N 68°55' E, 1110 feet] to its |
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intersection with the old Bender Tram Line for Corner No. 7 hereof; |
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THENCE, S 57°27' E, with said old Tram, 4397 feet [Deed |
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(Volume 434, Page 441) call of S 57°12' E, 4397 feet] to Corner No. 8 |
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hereof in the West boundary line of the S. Richardson Survey; |
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THENCE, S 01°12'39" W, 1549.45 feet [Deed (Clerk's File |
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No. 2004-021196) call South 01°13' W, 1549.6 feet] along the West |
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line of the S. Richardson Survey to the PLACE OF BEGINNING AND |
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CONTAINING within these bounds 364.7 acres, more or less, of land. |
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TRACT 2: 330.6 acres, more or less, of land, of which 110.5 |
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acres, more or less, lies in the Montgomery County School Land |
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Survey, Abstract No. 351, and 220.1 acres, more or less, lies in the |
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T. F. Johnson Survey, Abstract No. 299, and being the same land as |
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conveyed to Winnie Helen Hilliard by deed dated August 3, 1967, |
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recorded in Volume 646, Page 935 of the Montgomery County Deed |
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Records; said 330.6 acres, more or less, of land being more |
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particularly described as follows: |
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BEGINNING at Corner No. 4 of the Tract 1 herein, and Corner |
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No. 1 hereof; |
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THENCE, N 51°30' E, 2738.0 feet to a point for corner in the |
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Southern boundary line of said Blanche Bender tract for Corner |
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No. 2; |
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THENCE, East, 1009.6 feet with the Southern boundary line of |
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said Blanche Bender tract to Corner No. 3 hereof on the Western edge |
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of the Old Bender Tram Line; |
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THENCE, S 28°02' E, with said old Tram and/or road, 4024 feet |
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[Deed (Volume 434, Page 441) call of S 28°50' E, 3966.4 feet] to |
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Corner No. 4 hereof, on the Western side of said road, and being a |
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most Eastern corner of the Doris E. Vaughan 330 acres as described |
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in a deed recorded in Volume 646, Page 933 of said Deed Records; |
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THENCE, S 52°43' W, 2797.2 feet, [Deed (Volume 434, Page 441) |
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call of S 53° W, 2797.2 feet] to Corner No. 5 hereof and being a |
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re-entrant corner of the Doris E. Vaughan 330 acre tract; |
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THENCE, S 38°30'25" W, 4526.14 feet [Deed (Clerk's File |
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No. 2004-021196) call N 38°30' W, 4525.7 feet] to the PLACE OF |
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BEGINNING AND CONTAINING within these bounds 330.6 acres, more or |
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less, of land for a total of 695.3 acres in Montgomery County, |
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Texas. |
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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) 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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7932, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7932.106 to read as follows: |
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Sec. 7932.106. 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. |