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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. 173; 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 8077 to read as follows: |
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CHAPTER 8077. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 173 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8077.0101. 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. 173. |
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Sec. 8077.0102. 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. 8077.0103. CONFIRMATION AND DIRECTOR 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. 8077.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8077.0103 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. 8077.0105. 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. 8077.0106. 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. 8077.0201. 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 8077.0202, directors |
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serve staggered four-year terms. |
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Sec. 8077.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Will Holstein; |
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(2) Adam Flaaten; |
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(3) Juan Galvan; |
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(4) Lisa Nickel; and |
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(5) Justin Hausman. |
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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 8077.0103; 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 8077.0103 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 8077.0103; 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. 8077.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8077.0302. 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. 8077.0303. 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. 8077.0304. 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. 8077.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8077.0306. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may, at the time the new district is created, contain only: |
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(1) land within the area described by Section 2 of the |
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Act enacting this chapter; or |
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(2) any land adjacent to the area described by Section |
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2 of the Act enacting this chapter if that adjacent land is: |
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(A) not within the extraterritorial jurisdiction |
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of a city; or |
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(B) within the extraterritorial jurisdiction of |
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a city and that adjacent land has been approved for inclusion in the |
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district under the consent ordinance or resolution adopted by a |
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city under Section 8077.0104. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8077.0103 to confirm the district's creation. |
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(f) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8077.0103. |
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(i) Municipal consent by a city is not required for the |
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creation of any new district created under this section. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) If the voters of a new district do not confirm the |
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creation of the new district, the assets, obligations, territory, |
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and governance of the new district revert to that of the original |
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district. |
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Sec. 8077.0307. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district boundaries to acquire a site or easement for: |
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(1) a recreational facility, as defined by Section |
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49.462, Water Code; or |
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(2) a road project authorized by Section 8077.0303. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8077.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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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 8077.0403. |
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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. 8077.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8077.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8077.0403. 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. 8077.0501. 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. 8077.0502. 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. 8077.0503. 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. 173 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 170.1 acre (7,411,386 |
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square feet) tract of land situated in the Joseph Lindley Survey, |
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Abstract No. 25 in Montgomery County, Texas, being all of a called |
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169.059 acre tract conveyed to Ranch Hill Texas, LLC by Special |
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Warranty Deed recorded in Clerk's File No. 2018049384, Montgomery |
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County Official Public Records of Real Property; said 170.1 acre |
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(7,411,386 square feet) tract of land being more particularly |
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described as follows with all bearings being based on the Texas |
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Coordinate System, Central Zone, NAD 83: |
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BEGINNING at a 1/2-inch iron rod found being the southwest corner of |
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a called 10.00 acre tract conveyed to Robert W. Bucher by Warranty |
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Deed recorded in Clerk's File No. 2002016103, Montgomery County |
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Official Public Records of Real Property, being in the north |
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right-of-way of Calvary Road (based on a width of 80 feet), and |
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being the southeast corner of said 169.059 acre tract and the herein |
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described tract; |
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THENCE, North 77°24'58" West, 1,673.57 feet to a 1/2-inch iron pipe |
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found being in the north right-of-way of said Calvary Road and being |
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an angle point of the herein described tract; |
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THENCE, North 77°03'14" West, 1,096.54 feet to a point for corner |
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being in the north right-of-way of said Calvary Road, being the |
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southeast corner of a called 4.9839 acre tract conveyed to Clyde and |
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Sharon Scruggs by Warranty Deed recorded in Clerk's File |
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No. 8507804, Montgomery County Official Public Records of Real |
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Property, being in the centerline of a creek, and being the |
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southwest corner of the herein described tract; |
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THENCE, along the centerline of said creek the following |
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seventy-three (73) courses and distances: |
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1. North 16°00'53" East, 51.75 feet to a point for corner; |
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2. North 76°46'26" East, 69.85 feet to a point for corner; |
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3. North 78°52'59" East, 48.13 feet to a point for corner; |
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4. North 51°38'11" East, 50.85 feet to a point for corner; |
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5. North 11°33'41" East, 37.07 feet to a point for corner; |
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6. North 52°12'40" East, 28.54 feet to a point for corner; |
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7. North 51°50'02" West, 24.97 feet to a point for corner; |
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8. North 88°11'32" East, 35.50 feet to a point for corner; |
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9. North 29°32'26" East, 110.78 feet to a point for corner; |
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10. North 75°15'58" East, 68.34 feet to a point for corner; |
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11. South 51°48'30" East, 50.53 feet to a point for corner; |
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12. North 79°13'23" East, 40.81 feet to a point for corner; |
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13. North 04°40'00" West, 136.22 feet to a point for corner; |
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14. North 32°07'37" East, 60.12 feet to a point for corner; |
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15. North 46°36'30" East, 57.30 feet to a point for corner; |
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16. North 21°11'07" West, 54.47 feet to a point for corner; |
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17. North 02°52'33" East, 76.04 feet to a point for corner; |
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18. North 30°36'40" East, 45.00 feet to a point for corner; |
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19. South 46°17'54" East, 52.83 feet to a point for corner; |
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20. North 67°43'12" East, 31.12 feet to a point for corner; |
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21. North 27°10'54" East, 22.94 feet to a point for corner; |
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22. North 76°09'31" East, 96.44 feet to a point for corner; |
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23. North 18°14'48" East, 65.58 feet to a point for corner; |
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24. North 75°18'54" East, 80.12 feet to a point for corner; |
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25. North 17°19'16" East, 64.17 feet to a point for corner; |
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26. North 31°12'56" East, 40.21 feet to a point for corner; |
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27. South 56°34'55" East, 74.19 feet to a point for corner; |
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28. North 58°03'36" East, 43.72 feet to a point for corner; |
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29. North 15°16'42" East, 34.96 feet to a point for corner; |
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30. North 26°46'27" West, 101.00 feet to a point for corner; |
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31. North 77°07'08" West, 45.13 feet to a point for corner; |
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32. South 23°52'02" West, 33.69 feet to a point for corner; |
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33. North 34°55'39" West, 30.58 feet to a point for corner; |
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34. North 04°43'54" East, 139.56 feet to a point for corner; |
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35. North 49°52'03" East, 80.12 feet to a point for corner; |
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36. North 36°59'46" West, 32.71 feet to a point for corner; |
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37. South 83°09'49" West, 89.05 feet to a point for corner; |
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38. North 01°08'58" West, 51.10 feet to a point for corner; |
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39. South 89°33'42" East, 70.61 feet to a point for corner; |
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40. North 18°08'04" West, 82.98 feet to a point for corner; |
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41. North 65°47'07" East, 72.32 feet to a point for corner; |
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42. North 21°45'28" West, 108.76 feet to a point for corner; |
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43. North 46°54'26" West, 27.86 feet to a point for corner; |
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44. South 36°24'46" West, 124.21 feet to a point for corner; |
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45. South 68°31'55" West, 89.46 feet to a point for corner; |
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46. North 30°02'30" West, 27.92 feet to a point for corner; |
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47. North 28°45'23" East, 259.17 feet to a point for corner; |
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48. North 87°35'41" West, 34.55 feet to a point for corner; |
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49. North 06°02'38" West, 64.31 feet to a point for corner; |
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50. North 25°43'30" East, 160.41 feet to a point for corner; |
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51. North 59°50'48" East, 35.64 feet to a point for corner; |
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52. South 66°51'12" East, 139.24 feet to a point for corner; |
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53. North 08°39'49" West, 81.92 feet to a point for corner; |
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54. North 37°22'23" East, 22.36 feet to a point for corner; |
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55. North 84°25'14" East, 89.59 feet to a point for corner; |
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56. North 62°53'36" East, 76.60 feet to a point for corner; |
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57. North 38°15'50" East, 91.56 feet to a point for corner; |
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58. North 18°02'10" West, 49.23 feet to a point for corner; |
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59. South 79°22'47" West, 69.62 feet to a point for corner; |
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60. North 33°01'08" West, 74.41 feet to a point for corner; |
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61. North 08°50'51" East, 48.23 feet to a point for corner; |
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62. North 51°01'41" East, 112.70 feet to a point for corner; |
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63. North 11°32'20" West, 26.25 feet to a point for corner; |
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64. North 75°58'54" West, 40.13 feet to a point for corner; |
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65. North 17°13'17" West, 48.25 feet to a point for corner; |
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66. North 35°42'48" East, 50.95 feet to a point for corner; |
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67. South 84°04'38" East, 35.18 feet to a point for corner; |
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68. South 05°17'32" East, 59.68 feet to a point for corner; |
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69. North 47°45'11" East, 63.33 feet to a point for corner; |
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70. North 09°16'24" West, 123.17 feet to a point for corner; |
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71. South 86°42'10" West, 77.72 feet to a point for corner; |
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72. North 52°41'46" West, 47.11 feet to a point for corner; |
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73. North 36°16'41" East, 233.03 feet to a point for corner being |
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the northeast corner of called Lot 1 conveyed to Adrian and Daniela |
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Gianina Rotaru by Warranty Deed with Vendor's Lien recorded in |
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Clerk's File No. 2017053987, Montgomery County Official Public |
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Records of Real Property, being the southeast corner of called |
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Tract 3 (Lot 35) conveyed to Bruce W. Tubbs and Maria Caughman by |
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Warranty Deed with Vendor's Lien recorded in Clerk's File |
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No. 2016082401, Montgomery County Official Public Records of Real |
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Property, being the most westerly corner of a called 443.135 acre |
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tract conveyed to CC Shepard Hill 443, L.P. by Special Warranty Deed |
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with Vendor's Lien recorded in Clerk's File No. 2018025658, |
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Montgomery County Official Public Records of Real Property, and |
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being the northwest corner of the herein described tract; |
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THENCE, South 77°18'54" East, at 14.59 feet passing a 1/2-inch iron |
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rod found being in the south line of said called 443.135 acre tract, |
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continuing for a total distance of 2,410.63 feet to a 5/8-inch iron |
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rod with cap found being an interior angle point of said called |
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443.135 acre tract and being the northeast corner of said 169.059 |
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acre tract and the herein described tract; |
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THENCE, South 03°58'29" West, 1,540.88 feet to a wooden fence post |
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found being the most southerly corner of said called 443.135 acre |
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tract, being the northwest corner of a called 131.172 acre tract |
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conveyed to Barton J. and Melissa Halbaedier by Warranty Deed with |
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Vendor's Lien recorded in Clerk's File No. 2004022169, Montgomery |
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County Official Public Records of Real Property, and being an angle |
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point of the herein described tract; |
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THENCE, South 04°00'54" West, 730.23 feet to a wooden fence post |
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found being the southwest corner of said called 131.172 acre tract, |
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being in the north line of said called 10.00 acre tract and being an |
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angle point of the herein described tract; |
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THENCE, North 77°07'49" West, 578.00 feet to a 1/2-inch iron pipe |
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found being the northwest corner of said called 10.00 acre tract and |
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being an interior angle point of the herein described tract; |
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THENCE, South 11°31'45" West, 563.75 feet to the POINT OF BEGINNING, |
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CONTAINING 170.1 acres (7,411,386 square feet) of land in |
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Montgomery County, Texas filed in the office of Manhard Consulting, |
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Ltd. in The Woodlands, 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) Section 8077.0307, Special District Local |
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Laws Code, as added by Section 1 of this Act, takes effect only if |
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this Act receives a two-thirds vote of all the members elected to |
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each house. |
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(b) If this Act does not receive a two-thirds vote of all the |
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members elected to each house, Subchapter C, Chapter 8077, Special |
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District Local Laws Code, as added by Section 1 of this Act, is |
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amended by adding Section 8077.0307 to read as follows: |
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Sec. 8077.0307. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of 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, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2380 was passed by the House on April |
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26, 2019, by the following vote: Yeas 128, Nays 11, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2380 was passed by the Senate on May |
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15, 2019, by the following vote: Yeas 30, Nays 1. |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Governor |