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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 Fort Bend County Municipal Utility |
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District No. 191; 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 7914 to read as follows: |
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CHAPTER 7914. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 191 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7914.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Fort Bend County Municipal |
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Utility District No. 191. |
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Sec. 7914.002. 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. 7914.003. 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. 7914.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7914.003 |
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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. 7914.005. 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. 7914.006. 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. 7914.051. 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 7914.052, directors serve |
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staggered four-year terms. |
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Sec. 7914.052. 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 7914.003; 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 7914.003 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 7914.003; 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. 7914.101. 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. 7914.102. 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. 7914.103. 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. 7914.104. 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. 7914.105. 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. 7914.151. 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 7914.153. |
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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. 7914.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7914.151, 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. 7914.153. 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. 7914.201. 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. 7914.202. 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. 7914.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Fort Bend County Municipal Utility District |
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No. 191 initially includes all the territory contained in the |
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following area: |
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BEING A 505.0088 ACRE TRACT OF LAND, SITUATED IN THE WILLIAM |
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PETTUS SURVEY, A-68, FORT BEND COUNTY, TEXAS, BEING PART OF THE DMD |
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INTERESTS CALLED 370.94 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN |
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FORT BEND COUNTY CLERKS FILE NO. 9808907, AND A PORTION OF THE |
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MILDRED ELLIS CALLED 128.736 ACRE TRACT AS DESCRIBED IN DEED |
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RECORDED IN FORT BEND COUNTY CLERKS FILE NO. 1972325075; SAID |
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505.0088 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND |
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BOUNDS AS FOLLOWS; |
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BEGINNING AT A 5/8 INCH IRON ROD SET, BEING THE SOUTHEAST |
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CORNER OF SAID 491.55 ACRE TRACT, BEING IN THE WEST RIGHT-OF-WAY |
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LINE OF A MISSOURI-PACIFIC RAIROAD TRACT (ABANDONED 100 FOOT |
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RIGHT-OF-WAY) AND THE NORTH LINE OF A CALLED 116.07 ACRE TRACT |
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DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE NO. |
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2007085339; |
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THENCE NORTH 88 DEGREES 56 MINUTES 48 SECONDS WEST, ALONG THE |
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SOUTH LINE OF SAID 491.55 ACRE TRACT, A DISTANCE OF 7232.89 FEET TO |
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A FOUND CONCRETE MONUMENT FOR AN INTERIOR CORNER IN THE NORTH LINE |
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OF SAID 116.07 ACRE TRACT AND A WEST LINE OF SAID 370.94 ACRE TRACT |
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FOR THE MOST SOUTHERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED |
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TRACT; |
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THENCE NORTH 00 DEGREES 22 MINUTES 23 SECONDS EAST, ALONG THE |
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EAST LINE OF SAID 116.07 ACRE TRACT, THE EAST LINE OF A CALLED |
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305.661 ACRE TRACT DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY |
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CLERKS FILE NO. 2005117863, SAME BEING A WEST LINE OF SAID 370.94 |
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ACRE TRACT, A DISTANCE OF 467.75 FEET TO A SET 5/8 INCH IRON ROD FOR |
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THE MOST EASTERLY NORTHEAST CORNER OF SAID 305.661 ACRE TRACT AND AN |
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INTERIOR CORNER OF SAID 370.94 ACRE TRACT AND THE HEREIN DESCRIBED |
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TRACT; |
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THENCE NORTH 71 DEGREES 51 MINUTES 25 SECONDS WEST, ALONG THE |
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COMMON LINE OF SAID 305.661 ACRE AND 370.94 ACRE TRACTS, A DISTANCE |
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OF 23.00 FEET TO A SET 5/8 INCH IRON ROD FOR AN INTERIOR CORNER OF |
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THE HEREIN DESCRIBED TRACT; |
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THENCE SOUTH 87 DEGREES 06 MINUTES 22 SECONDS WEST, |
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CONTINUING ALONG THE COMMON LINE OF SAID 305.661 ACRE AND 370.94 |
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ACRE TRACTS, A DISTANCE OF 2955.55 FEET TO A FOUND CONCRETE MONUMENT |
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FOR AN INTERIOR CORNER OF SAID 305.661 ACRE TRACT AND THE MOST |
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WESTERLY SOUTHWEST CORNER OF THE SAID 370.94 ACRE TRACT AND THE |
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HEREIN DESCRIBED TRACT; |
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THENCE NORTH 03 DEGREES 12 MINUTES 38 SECONDS WEST, |
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CONTINUING ALONG THE COMMON LINE OF SAID 305.661 ACRE AND 370.94 |
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ACRE TRACTS AND ALONG THE EAST LINE OF A CALLED 58.866 ACRE TRACT |
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DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE NO. |
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1972325075, A DISTANCE OF 1755.62 FEET TO A 2 INCH IRON PIPE FOUND |
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IN THE SOUTH LINE OF THE SIENNA PLANTATION LEVEE IMPROVEMENT |
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DISTRICT TRACT DESCRIBED IN FORT BEND COUNTY CLERKS FILE NO. |
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9741281 AND BEING FOR THE NORTHEAST CORNER OF SAID 305.661 ACRE |
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TRACT, SAME BEING THE NORTHWEST CORNER OF SAID 58.866 ACRE TRACT AND |
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THE HEREIN DESCRIBED TRACT; |
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THENCE NORTH 87 DEGREES 05 MINUTES 42 SECONDS EAST, ALONG THE |
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SOUTH LINE OF SAID SIENNA PLANTATION LEVEE IMPROVEMENT DISTRICT |
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TRACT, SAME BEING THE NORTH LINE OF SAID 58.866 ACRE TRACT, A |
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DISTANCE OF 2691.85 FEET TO A FOUND 1 & 1/4 INCH IRON PIPE FOUND IN |
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THE WEST LINE OF UNION PACIFIC RAILROAD TRACT (ABANDONED 100 FOOT |
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RIGHT-OF-WAY) FOR AN ANGLE POINT IN THE NORTH LINE OF THE HEREIN |
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DESCRIBED TRACT; |
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THENCE NORTH 87 DEGREES 21 MINUTES 55 SECONDS EAST, ALONG THE |
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SOUTH LINE OF RESERVE "F", SIENNA POINT, SECTION 3, ACCORDING TO THE |
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PLAT THEREOF RECORDED IN SLIDE NO. 1795B OF THE FORT BEND COUNTY |
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PLAT RECORDS, A DISTANCE OF 106.00 FEET TO A FOUND 1 & 1/4 INCH IRON |
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PIPE FOR AN ANGLE POINT IN THE NORTH LINE OF THE HEREIN DESCRIBED |
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TRACT; |
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THENCE NORTH 87 DEGREES 09 MINUTES 44 SECONDS EAST, |
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CONTINUING ALONG THE SOUTH LINE OF SAID RESERVE "F", SIENNA POINT, |
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SECTION 3, RESERVE "A", SIENNA POINT, SECTION 2, ACCORDING TO THE |
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PLAT THEREOF RECORDED IN SLIDE NO. 1682B OF THE FORT BEND COUNTY |
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PLAT RECORDS AND RESERVE "C", SIENNA POINT, SECTION 1, ACCORDING TO |
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THE PLAT THEREOF RECORDED IN SLIDE NO. 1528B OF THE FORT BEND COUNTY |
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PLAT RECORDS, SAME BEING THE NORTH LINE OF SAID 128.736 ACRE TRACT, |
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A DISTANCE OF 6596.86 FEET TO A SET 5/8 INCH IRON ROD FOR THE |
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NORTHEAST CORNER OF SAID 128.736 ACRE TRACT AND THE MOST NORTHERLY |
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NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; |
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THENCE SOUTH 02 DEGREES 33 MINUTES 12 SECONDS WEST, ALONG A |
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PORTION OF THE EAST LINE OF SAID 128.736 ACRE TRACT, THE WEST LINE |
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OF A CALLED 15 ACRE TRACT DESCRIBED IN FORT BEND COUNTY CLERKS FILE |
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NO. 2007142863, A DISTANCE OF 640.60 FEET TO A SET 5/8 INCH IRON ROD |
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THE NORTHEAST CORNER OF A CALLED 0.674 ACRE TRACT DESCRIBED IN DEED |
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RECORDED IN VOLUME 1571, PAGE 606 OF THE DEED RECORDS OF FORT BEND |
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COUNTY FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; |
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THENCE SOUTH 86 DEGREES 47 MINUTES 58 SECONDS WEST, ALONG THE |
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NORTH LINE OF SAID 0.674 ACRE TRACT, A DISTANCE OF 18.82 FEET TO A |
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SET 5/8 INCH IRON ROD FOR THE NORTHWEST CORNER OF SAID 0.674 ACRE |
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TRACT AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; |
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THENCE SOUTH 00 DEGREES 50 MINUTES 09 SECONDS WEST, ALONG THE |
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WEST LINE OF SAID 0.674 ACRE TRACT, A DISTANCE OF 431.96 FEET TO A |
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SET 5/8 INCH IRON ROD FOR THE SOUTHWEST CORNER OF SAID 0.674 ACRE |
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TRACT AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; |
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THENCE NORTH 86 DEGREES 11 MINUTES 13 SECONDS EAST, ALONG THE |
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SOUTH LINE OF SAID 0.674 ACRE TRACT, A DISTANCE OF 1049.50 FEET TO A |
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SET 5/8 INCH IRON ROD FOR THE SOUTHEAST CORNER OF SAID 0.674 ACRE |
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TRACT, BEING IN THE WEST LINE OF SAID MISSOURI-PACIFIC RAILROAD |
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TRACT AND BEING THE MOST EASTERLY NORTHEAST CORNER OF THE HEREIN |
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DESCRIBED TRACT; |
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THENCE SOUTH 02 DEGREES 35 MINUTES 40 SECONDS WEST, ALONG THE |
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WEST LINE OF SAID MISSOURI-PACIFIC RAILROAD TRACT, A DISTANCE OF |
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1680.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 505.0088 |
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ACRES (21,998,182 SQUARE FEET) OF LAND, MORE OR LESS. |
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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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7914, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 7914.106 to read as follows: |
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Sec. 7914.106. 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. |