4 | 12 | | AN ACT |
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5 | 13 | | relating to the creation of the Montgomery County Management |
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6 | 14 | | District No. 1; providing authority to issue bonds; providing |
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7 | 15 | | authority to impose assessments, fees, and taxes. |
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8 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 17 | | SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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10 | 18 | | Code, is amended by adding Chapter 3979 to read as follows: |
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11 | 19 | | CHAPTER 3979. MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 1 |
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12 | 20 | | SUBCHAPTER A. GENERAL PROVISIONS |
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13 | 21 | | Sec. 3979.0101. DEFINITIONS. In this chapter: |
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14 | 22 | | (1) "Board" means the district's board of directors. |
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15 | 23 | | (2) "Commission" means the Texas Commission on |
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16 | 24 | | Environmental Quality. |
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17 | 25 | | (3) "County" means Montgomery County. |
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18 | 26 | | (4) "Director" means a board member. |
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19 | 27 | | (5) "District" means the Montgomery County Management |
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20 | 28 | | District No. 1. |
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21 | 29 | | Sec. 3979.0102. CREATION AND NATURE OF DISTRICT; IMMUNITY. |
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22 | 30 | | (a) The district is a special district created under Section 59, |
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23 | 31 | | Article XVI, Texas Constitution. |
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24 | 32 | | (b) The district is a governmental unit, as provided by |
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25 | 33 | | Section 375.004, Local Government Code. |
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26 | 34 | | (c) This chapter does not waive any governmental or |
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27 | 35 | | sovereign immunity from suit, liability, or judgment that would |
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28 | 36 | | otherwise apply to the district. |
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29 | 37 | | Sec. 3979.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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30 | 38 | | creation of the district is essential to accomplish the purposes of |
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31 | 39 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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32 | 40 | | Texas Constitution, and other public purposes stated in this |
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33 | 41 | | chapter. |
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34 | 42 | | (b) By creating the district, the legislature has |
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35 | 43 | | established a program to accomplish the public purposes set out in |
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36 | 44 | | Sections 52 and 52-a, Article III, Texas Constitution. |
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37 | 45 | | (c) The creation of the district is necessary to promote, |
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38 | 46 | | develop, encourage, and maintain employment, commerce, |
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39 | 47 | | transportation, housing, tourism, recreation, the arts, |
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40 | 48 | | entertainment, economic development, safety, and the public |
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41 | 49 | | welfare in the district. |
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42 | 50 | | (d) This chapter and the creation of the district may not be |
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43 | 51 | | interpreted to relieve the county or a municipality from providing |
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44 | 52 | | the level of services provided as of the effective date of the Act |
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45 | 53 | | enacting this chapter to the area in the district. The district is |
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46 | 54 | | created to supplement and not to supplant county or municipal |
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47 | 55 | | services provided in the district. |
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48 | 56 | | Sec. 3979.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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49 | 57 | | (a) All land and other property included in the district will |
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50 | 58 | | benefit from the improvements and services to be provided by the |
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51 | 59 | | district under powers conferred by Sections 52 and 52-a, Article |
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52 | 60 | | III, and Section 59, Article XVI, Texas Constitution, and other |
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53 | 61 | | powers granted under this chapter. |
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54 | 62 | | (b) The district is created to serve a public use and |
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55 | 63 | | benefit. |
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56 | 64 | | (c) The creation of the district is in the public interest |
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57 | 65 | | and is essential to further the public purposes of: |
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58 | 66 | | (1) developing and diversifying the economy of the |
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59 | 67 | | state; |
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60 | 68 | | (2) eliminating unemployment and underemployment; and |
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61 | 69 | | (3) developing or expanding transportation and |
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62 | 70 | | commerce. |
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63 | 71 | | (d) The district will: |
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64 | 72 | | (1) promote the health, safety, and general welfare of |
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65 | 73 | | residents, employers, potential employees, employees, visitors, |
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66 | 74 | | and consumers in the district, and of the public; |
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67 | 75 | | (2) provide needed funding for the district to |
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68 | 76 | | preserve, maintain, and enhance the economic health and vitality of |
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69 | 77 | | the district territory as a community and business center; |
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70 | 78 | | (3) promote the health, safety, welfare, and enjoyment |
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71 | 79 | | of the public by providing pedestrian ways, road facilities, |
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72 | 80 | | transit facilities, parking facilities, recreational facilities, |
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73 | 81 | | and public art objects and by landscaping and developing certain |
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74 | 82 | | areas in the district, which are necessary for the restoration, |
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75 | 83 | | preservation, and enhancement of scenic beauty; and |
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76 | 84 | | (4) provide for water, wastewater, and drainage |
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77 | 85 | | facilities for the district. |
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78 | 86 | | (e) Pedestrian ways along or across a street, whether at |
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79 | 87 | | grade or above or below the surface, and street lighting, street |
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80 | 88 | | landscaping, parking, and street art objects are parts of and |
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81 | 89 | | necessary components of a street and are considered to be a street |
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82 | 90 | | or road improvement. |
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83 | 91 | | (f) The district will not act as the agent or |
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84 | 92 | | instrumentality of any private interest even though the district |
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85 | 93 | | will benefit many private interests as well as the public. |
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86 | 94 | | Sec. 3979.0105. INITIAL DISTRICT TERRITORY. (a) The |
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87 | 95 | | district is initially composed of the territory described by |
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88 | 96 | | Section 2 of the Act enacting this chapter. |
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89 | 97 | | (b) The boundaries and field notes contained in Section 2 of |
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90 | 98 | | the Act enacting this chapter form a closure. A mistake in the |
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91 | 99 | | field notes or in copying the field notes in the legislative process |
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92 | 100 | | does not affect the district's: |
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93 | 101 | | (1) organization, existence, or validity; |
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94 | 102 | | (2) right to issue any type of bonds for the purposes |
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95 | 103 | | for which the district is created or to pay the principal of and |
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96 | 104 | | interest on the bonds; |
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97 | 105 | | (3) right to impose or collect an assessment or tax; or |
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98 | 106 | | (4) legality or operation. |
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99 | 107 | | Sec. 3979.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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100 | 108 | | All or any part of the area of the district is eligible to be |
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101 | 109 | | included in: |
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102 | 110 | | (1) a tax increment reinvestment zone created under |
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103 | 111 | | Chapter 311, Tax Code; |
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104 | 112 | | (2) a tax abatement reinvestment zone created under |
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105 | 113 | | Chapter 312, Tax Code; |
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106 | 114 | | (3) an enterprise zone created under Chapter 2303, |
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107 | 115 | | Government Code; or |
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108 | 116 | | (4) an industrial district created under Chapter 42, |
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109 | 117 | | Local Government Code. |
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110 | 118 | | Sec. 3979.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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111 | 119 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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112 | 120 | | Chapter 375, Local Government Code, applies to the district. |
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113 | 121 | | Sec. 3979.0108. LIBERAL CONSTRUCTION OF CHAPTER. This |
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114 | 122 | | chapter shall be liberally construed in conformity with the |
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115 | 123 | | findings and purposes stated in this chapter. |
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116 | 124 | | Sec. 3979.0109. CONFLICTS OF LAW. This chapter prevails |
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117 | 125 | | over any provision of general law, including a provision of Chapter |
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118 | 126 | | 375, Local Government Code, or Chapter 49, Water Code, that is in |
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119 | 127 | | conflict or inconsistent with this chapter. |
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120 | 128 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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121 | 129 | | Sec. 3979.0201. GOVERNING BODY; TERMS. (a) The district is |
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122 | 130 | | governed by a board of five directors elected or appointed as |
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123 | 131 | | provided by this chapter and Subchapter D, Chapter 49, Water Code. |
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124 | 132 | | (b) Except as provided by Section 3979.0203, directors |
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125 | 133 | | serve staggered four-year terms. |
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126 | 134 | | Sec. 3979.0202. COMPENSATION. A director is entitled to |
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127 | 135 | | receive fees of office and reimbursement for actual expenses as |
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128 | 136 | | provided by Section 49.060, Water Code. Sections 375.069 and |
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129 | 137 | | 375.070, Local Government Code, do not apply to the board. |
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130 | 138 | | Sec. 3979.0203. TEMPORARY DIRECTORS. (a) On or after the |
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131 | 139 | | effective date of the Act enacting this chapter, the owner or owners |
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132 | 140 | | of a majority of the assessed value of the real property in the |
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133 | 141 | | district according to the most recent certified tax appraisal roll |
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134 | 142 | | for the county may submit a petition to the commission requesting |
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135 | 143 | | that the commission appoint as temporary directors the five persons |
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136 | 144 | | named in the petition. The commission shall appoint as temporary |
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137 | 145 | | directors the five persons named in the petition. |
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138 | 146 | | (b) The temporary directors shall hold an election to elect |
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139 | 147 | | five permanent directors as provided by Section 49.102, Water Code. |
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140 | 148 | | (c) Temporary directors serve until the earlier of: |
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141 | 149 | | (1) the date permanent directors are elected under |
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142 | 150 | | Subsection (b); or |
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143 | 151 | | (2) the fourth anniversary of the effective date of |
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144 | 152 | | the Act enacting this chapter. |
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145 | 153 | | (d) If permanent directors have not been elected under |
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146 | 154 | | Subsection (b) and the terms of the temporary directors have |
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147 | 155 | | expired, successor temporary directors shall be appointed or |
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148 | 156 | | reappointed as provided by Subsection (e) to serve terms that |
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149 | 157 | | expire on the earlier of: |
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150 | 158 | | (1) the date permanent directors are elected under |
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151 | 159 | | Subsection (b); or |
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152 | 160 | | (2) the fourth anniversary of the date of the |
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153 | 161 | | appointment or reappointment. |
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154 | 162 | | (e) If Subsection (d) applies, the owner or owners of a |
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155 | 163 | | majority of the assessed value of the real property in the district |
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156 | 164 | | according to the most recent certified tax appraisal roll for the |
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157 | 165 | | county may submit a petition to the commission requesting that the |
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158 | 166 | | commission appoint as successor temporary directors the five |
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159 | 167 | | persons named in the petition. The commission shall appoint as |
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160 | 168 | | successor temporary directors the five persons named in the |
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161 | 169 | | petition. |
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162 | 170 | | Sec. 3979.0204. DISQUALIFICATION OF DIRECTORS. Section |
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163 | 171 | | 49.052, Water Code, applies to the members of the board. |
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164 | 172 | | SUBCHAPTER C. POWERS AND DUTIES |
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165 | 173 | | Sec. 3979.0301. GENERAL POWERS AND DUTIES. The district |
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166 | 174 | | has the powers and duties necessary to accomplish the purposes for |
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167 | 175 | | which the district is created. |
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168 | 176 | | Sec. 3979.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) |
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169 | 177 | | The district, using any money available to the district for the |
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170 | 178 | | purpose, may provide, design, construct, acquire, improve, |
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171 | 179 | | relocate, operate, maintain, or finance an improvement project or |
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172 | 180 | | service authorized under this chapter or Chapter 375, Local |
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173 | 181 | | Government Code. |
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174 | 182 | | (b) The district may contract with a governmental or private |
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175 | 183 | | entity to carry out an action under Subsection (a). |
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176 | 184 | | (c) The implementation of a district project or service is a |
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177 | 185 | | governmental function or service for the purposes of Chapter 791, |
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178 | 186 | | Government Code. |
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179 | 187 | | Sec. 3979.0303. RECREATIONAL FACILITIES. The district may |
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180 | 188 | | develop or finance recreational facilities as authorized by Chapter |
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181 | 189 | | 375, Local Government Code, Sections 52 and 52-a, Article III, |
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182 | 190 | | Texas Constitution, Section 59, Article XVI, Texas Constitution, |
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183 | 191 | | and any other law that applies to the district. |
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184 | 192 | | Sec. 3979.0304. AUTHORITY FOR ROAD PROJECTS. Under Section |
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185 | 193 | | 52, Article III, Texas Constitution, the district may own, operate, |
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186 | 194 | | maintain, design, acquire, construct, finance, issue bonds, notes, |
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187 | 195 | | or other obligations for, improve, and convey to this state, a |
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188 | 196 | | county, or a municipality for ownership, operation, and maintenance |
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189 | 197 | | macadamized, graveled, or paved roads or improvements, including |
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190 | 198 | | storm drainage, in aid of those roads. |
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191 | 199 | | Sec. 3979.0305. CONVEYANCE AND APPROVAL OF ROAD PROJECT. |
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192 | 200 | | (a) The district may convey a road project authorized by Section |
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193 | 201 | | 3979.0304 to: |
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194 | 202 | | (1) a municipality or county that will operate and |
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195 | 203 | | maintain the road if the municipality or county has approved the |
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196 | 204 | | plans and specifications of the road project; or |
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197 | 205 | | (2) the state if the state will operate and maintain |
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198 | 206 | | the road and the Texas Transportation Commission has approved the |
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199 | 207 | | plans and specifications of the road project. |
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200 | 208 | | (b) Except as provided by Subsection (c), the district shall |
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201 | 209 | | operate and maintain a road project authorized by Section 3979.0304 |
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202 | 210 | | that the district implements and does not convey to a municipality, |
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203 | 211 | | a county, or this state under Subsection (a). |
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204 | 212 | | (c) The district may agree in writing with a municipality, a |
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205 | 213 | | county, or this state to assign operation and maintenance duties to |
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206 | 214 | | the district, the municipality, the county, or this state in a |
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207 | 215 | | manner other than the manner described in Subsections (a) and (b). |
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208 | 216 | | Sec. 3979.0306. NONPROFIT CORPORATION. (a) The board by |
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209 | 217 | | resolution may authorize the creation of a nonprofit corporation to |
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210 | 218 | | assist and act for the district in implementing a project or |
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211 | 219 | | providing a service authorized by this chapter. |
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212 | 220 | | (b) The nonprofit corporation: |
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213 | 221 | | (1) has each power of and is considered to be a local |
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214 | 222 | | government corporation created under Subchapter D, Chapter 431, |
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215 | 223 | | Transportation Code; and |
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216 | 224 | | (2) may implement any project and provide any service |
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217 | 225 | | authorized by this chapter. |
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218 | 226 | | (c) The board shall appoint the board of directors of the |
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219 | 227 | | nonprofit corporation. The board of directors of the nonprofit |
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220 | 228 | | corporation shall serve in the same manner as the board of directors |
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221 | 229 | | of a local government corporation created under Subchapter D, |
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222 | 230 | | Chapter 431, Transportation Code, except that a board member is not |
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223 | 231 | | required to reside in the district. |
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224 | 232 | | Sec. 3979.0307. LAW ENFORCEMENT SERVICES. Section 49.216, |
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225 | 233 | | Water Code, applies to the district. |
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226 | 234 | | Sec. 3979.0308. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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227 | 235 | | The district may join and pay dues to a charitable or nonprofit |
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228 | 236 | | organization that performs a service or provides an activity |
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229 | 237 | | consistent with the furtherance of a district purpose. |
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230 | 238 | | Sec. 3979.0309. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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231 | 239 | | district may engage in activities that accomplish the economic |
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232 | 240 | | development purposes of the district. |
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233 | 241 | | (b) The district may establish and provide for the |
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234 | 242 | | administration of one or more programs to promote state or local |
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235 | 243 | | economic development and to stimulate business and commercial |
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236 | 244 | | activity in the district, including programs to: |
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237 | 245 | | (1) make loans and grants of public money; and |
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238 | 246 | | (2) provide district personnel and services. |
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239 | 247 | | (c) The district may create economic development programs |
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240 | 248 | | and exercise the economic development powers that: |
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241 | 249 | | (1) Chapter 380, Local Government Code, provides to a |
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242 | 250 | | municipality; and |
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243 | 251 | | (2) Subchapter A, Chapter 1509, Government Code, |
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244 | 252 | | provides to a municipality. |
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245 | 253 | | Sec. 3979.0310. STRATEGIC PARTNERSHIP AGREEMENT. The |
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246 | 254 | | district may negotiate and enter into a written strategic |
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247 | 255 | | partnership agreement with a municipality under Section 43.0751, |
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248 | 256 | | Local Government Code. |
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249 | 257 | | Sec. 3979.0311. REGIONAL PARTICIPATION AGREEMENT. The |
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250 | 258 | | district may negotiate and enter into a written regional |
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251 | 259 | | participation agreement with a municipality under Section 43.0754, |
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252 | 260 | | Local Government Code. |
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253 | 261 | | Sec. 3979.0312. PARKING FACILITIES. (a) The district may |
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254 | 262 | | acquire, lease as lessor or lessee, construct, develop, own, |
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255 | 263 | | operate, and maintain parking facilities or a system of parking |
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256 | 264 | | facilities, including lots, garages, parking terminals, or other |
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257 | 265 | | structures or accommodations for parking motor vehicles off the |
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258 | 266 | | streets and related appurtenances. |
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259 | 267 | | (b) The district's parking facilities serve the public |
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260 | 268 | | purposes of the district and are owned, used, and held for a public |
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261 | 269 | | purpose even if leased or operated by a private entity for a term of |
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262 | 270 | | years. |
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263 | 271 | | (c) The district's parking facilities are parts of and |
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264 | 272 | | necessary components of a street and are considered to be a street |
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265 | 273 | | or road improvement. |
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266 | 274 | | (d) The development and operation of the district's parking |
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267 | 275 | | facilities may be considered an economic development program. |
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268 | 276 | | Sec. 3979.0313. ADDING OR EXCLUDING LAND. (a) The district |
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269 | 277 | | may add land as provided by Subchapter J, Chapter 49, Water Code. |
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270 | 278 | | (b) The district may exclude land as provided by Subchapter |
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271 | 279 | | J, Chapter 49, Water Code. Section 375.044(b), Local Government |
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272 | 280 | | Code, does not apply to the district. |
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273 | 281 | | (c) The district may include and exclude land as provided by |
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274 | 282 | | Sections 54.739-54.747, Water Code. A reference in those sections |
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275 | 283 | | to a "tax" means an ad valorem tax for the purposes of this |
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276 | 284 | | subsection. |
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277 | 285 | | (d) If the district adopts a sales and use tax authorized at |
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278 | 286 | | an election held under Section 3979.0602 and subsequently includes |
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279 | 287 | | new territory in the district under this section, the district: |
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280 | 288 | | (1) is not required to hold another election to |
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281 | 289 | | approve the imposition of the sales and use tax in the included |
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282 | 290 | | territory; and |
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283 | 291 | | (2) shall impose the sales and use tax in the included |
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284 | 292 | | territory as provided by Chapter 321, Tax Code. |
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285 | 293 | | (e) If the district adopts a sales and use tax authorized at |
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286 | 294 | | an election held under Section 3979.0602 and subsequently excludes |
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287 | 295 | | territory in the district under this section, the sales and use tax |
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288 | 296 | | is inapplicable to the excluded territory, as provided by Chapter |
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289 | 297 | | 321, Tax Code, but is applicable to the territory remaining in the |
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290 | 298 | | district. |
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291 | 299 | | Sec. 3979.0314. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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292 | 300 | | board by resolution shall establish the number of directors' |
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293 | 301 | | signatures and the procedure required for a disbursement or |
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294 | 302 | | transfer of district money. |
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295 | 303 | | Sec. 3979.0315. AUDIT EXEMPTION. (a) The district may |
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296 | 304 | | elect to complete an annual financial report in lieu of an annual |
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297 | 305 | | audit under Section 375.096(a)(6), Local Government Code, if: |
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298 | 306 | | (1) the district had no bonds or other long-term (more |
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299 | 307 | | than one year) liabilities outstanding during the fiscal period; |
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300 | 308 | | (2) the district did not have gross receipts from |
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301 | 309 | | operations, loans, taxes, assessments, or contributions in excess |
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302 | 310 | | of $250,000 during the fiscal period; and |
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303 | 311 | | (3) the district's cash and temporary investments were |
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304 | 312 | | not in excess of $250,000 during the fiscal period. |
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305 | 313 | | (b) Each annual financial report prepared in accordance |
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306 | 314 | | with this section must be open to public inspection and accompanied |
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307 | 315 | | by an affidavit signed by a duly authorized representative of the |
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308 | 316 | | district attesting to the accuracy and authenticity of the |
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309 | 317 | | financial report. |
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310 | 318 | | (c) The annual financial report and affidavit shall be |
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311 | 319 | | substantially similar in form to the annual financial report and |
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312 | 320 | | affidavit forms prescribed by the executive director of the |
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313 | 321 | | commission under Section 49.198, Water Code. |
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314 | 322 | | Sec. 3979.0316. NO EMINENT DOMAIN POWER. The district may |
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315 | 323 | | not exercise the power of eminent domain. |
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316 | 324 | | SUBCHAPTER D. ASSESSMENTS |
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317 | 325 | | Sec. 3979.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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318 | 326 | | AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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319 | 327 | | service or improvement project with assessments under this chapter |
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320 | 328 | | unless a written petition requesting that service or improvement |
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321 | 329 | | has been filed with the board. |
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322 | 330 | | (b) A petition filed under Subsection (a) must be signed by |
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323 | 331 | | the owners of a majority of the assessed value of real property in |
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324 | 332 | | the district subject to assessment according to the most recent |
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325 | 333 | | certified tax appraisal roll for the county. |
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326 | 334 | | Sec. 3979.0402. METHOD OF NOTICE FOR HEARING. The district |
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327 | 335 | | may mail the notice required by Section 375.115(c), Local |
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328 | 336 | | Government Code, by certified or first class United States mail. |
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329 | 337 | | The board shall determine the method of notice. |
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330 | 338 | | Sec. 3979.0403. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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331 | 339 | | The board by resolution may impose and collect an assessment for any |
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332 | 340 | | purpose authorized by this chapter in all or any part of the |
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333 | 341 | | district. |
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334 | 342 | | (b) An assessment, a reassessment, or an assessment |
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335 | 343 | | resulting from an addition to or correction of the assessment roll |
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336 | 344 | | by the district, penalties and interest on an assessment or |
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337 | 345 | | reassessment, an expense of collection, and reasonable attorney's |
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338 | 346 | | fees incurred by the district: |
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339 | 347 | | (1) are a first and prior lien against the property |
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340 | 348 | | assessed; |
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341 | 349 | | (2) are superior to any other lien or claim other than |
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342 | 350 | | a lien or claim for county, school district, or municipal ad valorem |
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343 | 351 | | taxes; and |
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344 | 352 | | (3) are the personal liability of and a charge against |
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345 | 353 | | the owners of the property even if the owners are not named in the |
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346 | 354 | | assessment proceedings. |
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347 | 355 | | (c) The lien is effective from the date of the board's |
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348 | 356 | | resolution imposing the assessment until the date the assessment is |
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349 | 357 | | paid. The board may enforce the lien in the same manner that the |
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350 | 358 | | board may enforce an ad valorem tax lien against real property. |
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351 | 359 | | (d) The board may make a correction to or deletion from the |
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352 | 360 | | assessment roll that does not increase the amount of assessment of |
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353 | 361 | | any parcel of land without providing notice and holding a hearing in |
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354 | 362 | | the manner required for additional assessments. |
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355 | 363 | | SUBCHAPTER E. TAXES AND BONDS |
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356 | 364 | | Sec. 3979.0501. TAX ELECTION REQUIRED. The district must |
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357 | 365 | | hold an election in the manner provided by Chapter 49, Water Code, |
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358 | 366 | | or, if applicable, Chapter 375, Local Government Code, to obtain |
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359 | 367 | | voter approval before the district may impose an ad valorem tax. |
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360 | 368 | | Sec. 3979.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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361 | 369 | | authorized by a majority of the district voters voting at an |
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362 | 370 | | election under Section 3979.0501, the district may impose an |
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363 | 371 | | operation and maintenance tax on taxable property in the district |
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364 | 372 | | in the manner provided by Section 49.107, Water Code, for any |
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365 | 373 | | district purpose, including to: |
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366 | 374 | | (1) maintain and operate the district; |
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367 | 375 | | (2) construct or acquire improvements; or |
---|
368 | 376 | | (3) provide a service. |
---|
369 | 377 | | (b) The board shall determine the operation and maintenance |
---|
370 | 378 | | tax rate. The rate may not exceed the rate approved at the |
---|
371 | 379 | | election. |
---|
372 | 380 | | (c) Section 49.107(h), Water Code, does not apply to the |
---|
373 | 381 | | district. |
---|
374 | 382 | | Sec. 3979.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
---|
375 | 383 | | BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
---|
376 | 384 | | terms determined by the board. |
---|
377 | 385 | | (b) The district, by competitive bid or negotiated sale, may |
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378 | 386 | | issue bonds, notes, or other obligations payable wholly or partly |
---|
379 | 387 | | from ad valorem taxes, assessments, impact fees, revenue, contract |
---|
380 | 388 | | payments, grants, or other district money, or any combination of |
---|
381 | 389 | | those sources of money, to pay for any authorized district purpose. |
---|
382 | 390 | | (c) The limitation on the outstanding principal amount of |
---|
383 | 391 | | bonds, notes, or other obligations provided by Section 49.4645, |
---|
384 | 392 | | Water Code, does not apply to the district. |
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385 | 393 | | Sec. 3979.0504. BONDS SECURED BY REVENUE OR CONTRACT |
---|
386 | 394 | | PAYMENTS. The district may issue, without an election, bonds |
---|
387 | 395 | | secured by: |
---|
388 | 396 | | (1) revenue other than ad valorem taxes, including |
---|
389 | 397 | | contract revenues; or |
---|
390 | 398 | | (2) contract payments, provided that the requirements |
---|
391 | 399 | | of Section 49.108, Water Code, have been met. |
---|
392 | 400 | | Sec. 3979.0505. BONDS SECURED BY AD VALOREM TAXES; |
---|
393 | 401 | | ELECTIONS. (a) If authorized at an election under Section |
---|
394 | 402 | | 3979.0501, the district may issue bonds payable from ad valorem |
---|
395 | 403 | | taxes. |
---|
396 | 404 | | (b) Section 375.243, Local Government Code, does not apply |
---|
397 | 405 | | to the district. |
---|
398 | 406 | | (c) At the time the district issues bonds payable wholly or |
---|
399 | 407 | | partly from ad valorem taxes, the board shall provide for the annual |
---|
400 | 408 | | imposition of a continuing direct annual ad valorem tax, without |
---|
401 | 409 | | limit as to rate or amount, for each year that all or part of the |
---|
402 | 410 | | bonds are outstanding as required and in the manner provided by |
---|
403 | 411 | | Sections 54.601 and 54.602, Water Code. |
---|
404 | 412 | | (d) All or any part of any facilities or improvements that |
---|
405 | 413 | | may be acquired by a district by the issuance of its bonds may be |
---|
406 | 414 | | submitted as a single proposition or as several propositions to be |
---|
407 | 415 | | voted on at the election. |
---|
408 | 416 | | Sec. 3979.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
---|
409 | 417 | | board may not issue bonds until each municipality in whose |
---|
410 | 418 | | corporate limits or extraterritorial jurisdiction the district is |
---|
411 | 419 | | located has consented by ordinance or resolution to the creation of |
---|
412 | 420 | | the district and to the inclusion of land in the district. |
---|
413 | 421 | | (b) This section applies only to the district's first |
---|
414 | 422 | | issuance of bonds payable from ad valorem taxes. |
---|
415 | 423 | | SUBCHAPTER F. SALES AND USE TAX |
---|
416 | 424 | | Sec. 3979.0601. APPLICABILITY OF CERTAIN TAX CODE |
---|
417 | 425 | | PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, |
---|
418 | 426 | | computation, administration, enforcement, and collection of the |
---|
419 | 427 | | sales and use tax authorized by this subchapter except to the extent |
---|
420 | 428 | | Chapter 321, Tax Code, is inconsistent with this chapter. |
---|
421 | 429 | | (b) A reference in Chapter 321, Tax Code, to a municipality |
---|
422 | 430 | | or the governing body of a municipality is a reference to the |
---|
423 | 431 | | district or the board, respectively. |
---|
424 | 432 | | Sec. 3979.0602. ELECTION; ADOPTION OF TAX. (a) The |
---|
425 | 433 | | district may adopt a sales and use tax if authorized by a majority |
---|
426 | 434 | | of the voters of the district voting at an election held for that |
---|
427 | 435 | | purpose. |
---|
428 | 436 | | (b) The board by order may call an election to authorize the |
---|
429 | 437 | | adoption of the sales and use tax. The election may be held on any |
---|
430 | 438 | | uniform election date and in conjunction with any other district |
---|
431 | 439 | | election. |
---|
432 | 440 | | (c) The ballot shall be printed to provide for voting for or |
---|
433 | 441 | | against the proposition: "Authorization of a sales and use tax in |
---|
434 | 442 | | the Montgomery County Management District No. 1 at a rate not to |
---|
435 | 443 | | exceed ____ percent" (insert rate of one or more increments of |
---|
436 | 444 | | one-eighth of one percent). |
---|
437 | 445 | | Sec. 3979.0603. SALES AND USE TAX RATE. (a) On or after the |
---|
438 | 446 | | date the results are declared of an election held under Section |
---|
439 | 447 | | 3979.0602, at which the voters approved imposition of the tax |
---|
440 | 448 | | authorized by this subchapter, the board shall determine and adopt |
---|
441 | 449 | | by resolution or order the initial rate of the tax, which must be in |
---|
442 | 450 | | one or more increments of one-eighth of one percent. |
---|
443 | 451 | | (b) After the election held under Section 3979.0602, the |
---|
444 | 452 | | board may increase or decrease the rate of the tax by one or more |
---|
445 | 453 | | increments of one-eighth of one percent. |
---|
446 | 454 | | (c) The initial rate of the tax or any rate resulting from |
---|
447 | 455 | | subsequent increases or decreases may not exceed the lesser of: |
---|
448 | 456 | | (1) the maximum rate authorized by the district voters |
---|
449 | 457 | | at the election held under Section 3979.0602; or |
---|
450 | 458 | | (2) a rate that, when added to the rates of all sales |
---|
451 | 459 | | and use taxes imposed by other political subdivisions with |
---|
452 | 460 | | territory in the district, would result in the maximum combined |
---|
453 | 461 | | rate prescribed by Section 321.101(f), Tax Code, at any location in |
---|
454 | 462 | | the district. |
---|
455 | 463 | | Sec. 3979.0604. TAX AFTER MUNICIPAL ANNEXATION. (a) This |
---|
456 | 464 | | section applies to the district after a municipality annexes part |
---|
457 | 465 | | of the territory in the district and imposes the municipality's |
---|
458 | 466 | | sales and use tax in the annexed territory. |
---|
459 | 467 | | (b) If at the time of annexation the district has |
---|
460 | 468 | | outstanding debt or other obligations payable wholly or partly from |
---|
461 | 469 | | district sales and use tax revenue, Section 321.102(g), Tax Code, |
---|
462 | 470 | | applies to the district. |
---|
463 | 471 | | (c) If at the time of annexation the district does not have |
---|
464 | 472 | | outstanding debt or other obligations payable wholly or partly from |
---|
465 | 473 | | district sales and use tax revenue, the district may: |
---|
466 | 474 | | (1) exclude the annexed territory from the district, |
---|
467 | 475 | | if the district has no outstanding debt or other obligations |
---|
468 | 476 | | payable from any source; or |
---|
469 | 477 | | (2) reduce the sales and use tax in the annexed |
---|
470 | 478 | | territory by resolution or order of the board to a rate that, when |
---|
471 | 479 | | added to the sales and use tax rate imposed by the municipality in |
---|
472 | 480 | | the annexed territory, is equal to the sales and use tax rate |
---|
473 | 481 | | imposed by the district in the district territory that was not |
---|
474 | 482 | | annexed by the municipality. |
---|
475 | 483 | | Sec. 3979.0605. NOTIFICATION OF RATE CHANGE. The board |
---|
476 | 484 | | shall notify the comptroller of any changes made to the tax rate |
---|
477 | 485 | | under this subchapter in the same manner the municipal secretary |
---|
478 | 486 | | provides notice to the comptroller under Section 321.405(b), Tax |
---|
479 | 487 | | Code. |
---|
480 | 488 | | Sec. 3979.0606. USE OF REVENUE. Revenue from the sales and |
---|
481 | 489 | | use tax imposed under this subchapter is for the use and benefit of |
---|
482 | 490 | | the district and may be used for any district purpose. The district |
---|
483 | 491 | | may pledge all or part of the revenue to the payment of bonds, |
---|
484 | 492 | | notes, or other obligations, and that pledge of revenue may be in |
---|
485 | 493 | | combination with other revenue, including tax revenue, available to |
---|
486 | 494 | | the district. |
---|
487 | 495 | | Sec. 3979.0607. ABOLITION OF TAX. (a) Except as provided |
---|
488 | 496 | | by Subsection (b), the board may abolish the tax imposed under this |
---|
489 | 497 | | subchapter without an election. |
---|
490 | 498 | | (b) The board may not abolish the tax imposed under this |
---|
491 | 499 | | subchapter if the district has outstanding debt secured by the tax, |
---|
492 | 500 | | and repayment of the debt would be impaired by the abolition of the |
---|
493 | 501 | | tax. |
---|
494 | 502 | | (c) If the board abolishes the tax, the board shall notify |
---|
495 | 503 | | the comptroller of that action in the same manner the municipal |
---|
496 | 504 | | secretary provides notice to the comptroller under Section |
---|
497 | 505 | | 321.405(b), Tax Code. |
---|
498 | 506 | | (d) If the board abolishes the tax or decreases the tax rate |
---|
499 | 507 | | to zero, a new election to authorize a sales and use tax must be held |
---|
500 | 508 | | under Section 3979.0602 before the district may subsequently impose |
---|
501 | 509 | | the tax. |
---|
502 | 510 | | (e) This section does not apply to a decrease in the sales |
---|
503 | 511 | | and use tax authorized under Section 3979.0604(c)(2). |
---|
504 | 512 | | SUBCHAPTER G. HOTEL OCCUPANCY TAX |
---|
505 | 513 | | Sec. 3979.0701. DEFINITION. In this subchapter, "hotel" |
---|
506 | 514 | | has the meaning assigned by Section 156.001, Tax Code. |
---|
507 | 515 | | Sec. 3979.0702. APPLICABILITY OF CERTAIN TAX CODE |
---|
508 | 516 | | PROVISIONS. (a) For purposes of this subchapter: |
---|
509 | 517 | | (1) a reference in Subchapter A, Chapter 352, Tax |
---|
510 | 518 | | Code, to a county is a reference to the district; and |
---|
511 | 519 | | (2) a reference in Subchapter A, Chapter 352, Tax |
---|
512 | 520 | | Code, to the commissioners court is a reference to the board. |
---|
513 | 521 | | (b) Except as inconsistent with this subchapter, Subchapter |
---|
514 | 522 | | A, Chapter 352, Tax Code, governs a hotel occupancy tax authorized |
---|
515 | 523 | | by this subchapter, including the collection of the tax, subject to |
---|
516 | 524 | | the limitations prescribed by Sections 352.002(b) and (c), Tax |
---|
517 | 525 | | Code. |
---|
518 | 526 | | Sec. 3979.0703. TAX AUTHORIZED; USE OF REVENUE. The |
---|
519 | 527 | | district may impose a hotel occupancy tax for any purpose described |
---|
520 | 528 | | by Section 351.101 or 352.101, Tax Code. |
---|
521 | 529 | | Sec. 3979.0704. TAX RATE. (a) The amount of the hotel |
---|
522 | 530 | | occupancy tax may not exceed the lesser of: |
---|
523 | 531 | | (1) the maximum rate prescribed by Section 352.003(a), |
---|
524 | 532 | | Tax Code; or |
---|
525 | 533 | | (2) a rate that, when added to the rates of all hotel |
---|
526 | 534 | | occupancy taxes imposed by other political subdivisions with |
---|
527 | 535 | | territory in the district and by this state, does not exceed the sum |
---|
528 | 536 | | of the rate prescribed by Section 351.0025(b), Tax Code, plus two |
---|
529 | 537 | | percent. |
---|
530 | 538 | | (b) The district tax is in addition to a tax imposed by a |
---|
531 | 539 | | municipality under Chapter 351, Tax Code, or by the county under |
---|
532 | 540 | | Chapter 352, Tax Code. |
---|
533 | 541 | | Sec. 3979.0705. INFORMATION. The district may examine and |
---|
534 | 542 | | receive information related to the imposition of hotel occupancy |
---|
535 | 543 | | taxes to the same extent as if the district were a county. |
---|
536 | 544 | | Sec. 3979.0706. USE OF REVENUE. The district may use |
---|
537 | 545 | | revenue from the hotel occupancy tax for any district purpose that |
---|
538 | 546 | | is an authorized use of hotel occupancy tax revenue under Chapter |
---|
539 | 547 | | 351 or 352, Tax Code. The district may pledge all or part of the |
---|
540 | 548 | | revenue to the payment of bonds, notes, or other obligations and |
---|
541 | 549 | | that pledge of revenue may be in combination with other revenue |
---|
542 | 550 | | available to the district. |
---|
543 | 551 | | Sec. 3979.0707. ABOLITION OF TAX. (a) Except as provided |
---|
544 | 552 | | by Subsection (b), the board may abolish the tax imposed under this |
---|
545 | 553 | | subchapter. |
---|
546 | 554 | | (b) The board may not abolish the tax imposed under this |
---|
547 | 555 | | subchapter if the district has outstanding debt secured by the tax, |
---|
548 | 556 | | and repayment of the debt would be impaired by the abolition of the |
---|
549 | 557 | | tax. |
---|
550 | 558 | | SUBCHAPTER I. DISSOLUTION BY BOARD |
---|
551 | 559 | | Sec. 3979.0901. DISSOLUTION. (a) The board shall dissolve |
---|
552 | 560 | | the district on written petition filed with the board by the owners |
---|
553 | 561 | | of: |
---|
554 | 562 | | (1) 66 percent or more of the assessed value of the |
---|
555 | 563 | | property subject to assessment by the district based on the most |
---|
556 | 564 | | recent certified county property tax rolls; or |
---|
557 | 565 | | (2) 66 percent or more of the surface area of the |
---|
558 | 566 | | district, excluding roads, streets, highways, utility |
---|
559 | 567 | | rights-of-way, other public areas, and other property exempt from |
---|
560 | 568 | | assessment by the district according to the most recent certified |
---|
561 | 569 | | county property tax rolls. |
---|
562 | 570 | | (b) The board by majority vote may dissolve the district at |
---|
563 | 571 | | any time. |
---|
564 | 572 | | (c) The district may not be dissolved by its board under |
---|
565 | 573 | | Subsection (a) or (b) if the district: |
---|
566 | 574 | | (1) has any outstanding bonded indebtedness until that |
---|
567 | 575 | | bonded indebtedness has been repaid or defeased in accordance with |
---|
568 | 576 | | the order or resolution authorizing the issuance of the bonds; |
---|
569 | 577 | | (2) has a contractual obligation to pay money until |
---|
570 | 578 | | that obligation has been fully paid in accordance with the |
---|
571 | 579 | | contract; or |
---|
572 | 580 | | (3) owns, operates, or maintains public works, |
---|
573 | 581 | | facilities, or improvements unless the district contracts with |
---|
574 | 582 | | another person for the ownership, operation, or maintenance of the |
---|
575 | 583 | | public works, facilities, or improvements. |
---|
576 | 584 | | (d) Sections 375.261, 375.262, and 375.264, Local |
---|
577 | 585 | | Government Code, do not apply to the district. |
---|
578 | 586 | | SECTION 2. The Montgomery County Management District No. 1 |
---|
579 | 587 | | initially includes all the territory contained in the following |
---|
580 | 588 | | area: |
---|
581 | 589 | | TRACT 1 |
---|
582 | 590 | | A metes and bounds description of a 279.07 acre tract of land |
---|
583 | 591 | | situated in the Edward Taylor Survey, Abstract Number 554, |
---|
584 | 592 | | Montgomery County, Texas; being all of a called 279.65 acre tract |
---|
585 | 593 | | conveyed to Mitchell Energy Corporation by Surface Deed and |
---|
586 | 594 | | Subsurface Easement dated January 1, 1995 and filed for record |
---|
587 | 595 | | under Clerk's File No. 9509774 of the Montgomery County Official |
---|
588 | 596 | | Public Records of Real Property; said 279.07 acres being more |
---|
589 | 597 | | particularly described as follows with all bearing based on the |
---|
590 | 598 | | Texas Coordinate System of 1983, Central Zone: |
---|
591 | 599 | | BEGINNING at a found 1/2-inch iron rod in the apparent west |
---|
592 | 600 | | right-of-way of Cripple Creek Drive North, for an angle corner in |
---|
593 | 601 | | the north line of Lot 1 of Galleria Oaks Estates as shown on a plat |
---|
594 | 602 | | filed for record in Cabinet B, Sheet 79 of the Montgomery County Map |
---|
595 | 603 | | Records and the southeast corner of said 279.65 acres, same being |
---|
596 | 604 | | the southeast corner of the herein described tract, from which a |
---|
597 | 605 | | found 1/2-inch iron rod bears North 77°23'58" East, 38.23 feet; |
---|
598 | 606 | | THENCE, South 86°25'45" West, along the north line of Lots 1- |
---|
599 | 607 | | 7 of said Galleria Oaks Estates and the south line of said 279.65 |
---|
600 | 608 | | acres, passing a found 1-inch iron pipe at 244.84 feet, a found axle |
---|
601 | 609 | | at 544.26 feet, 5.56 feet right, a found 8-inch by 8-inch concrete |
---|
602 | 610 | | monument at 544.89 feet, 4.90 feet right, and a found 1-inch iron |
---|
603 | 611 | | pipe at 1170.28 feet, continuing for a total distance of 1988.05 |
---|
604 | 612 | | feet (called 1997.31) to a set 3/4-inch iron rod (with cap stamped |
---|
605 | 613 | | "JonesCarter Property Corner") in the northeast right-of-way of |
---|
606 | 614 | | the Union Pacific Railroad (formerly I & G.N. Railroad Company) |
---|
607 | 615 | | (width varies) filed for record under Volume 26, Page 351 of the |
---|
608 | 616 | | Montgomery County Deed Records, for the south corner of the herein |
---|
609 | 617 | | described tract, from which a found 8-inch by 8-inch concrete |
---|
610 | 618 | | monument bears South 86°25'45" West, 9.14 feet; |
---|
611 | 619 | | THENCE, along the northeast right-of-way of the said Union |
---|
612 | 620 | | Pacific Railroad and the southwest line of the herein described |
---|
613 | 621 | | tract the following five (5) courses and distances: |
---|
614 | 622 | | 1. North 59°15'02" West, 1127.60 feet, departing the north |
---|
615 | 623 | | line of said Lot 7, to a set 3/4-inch iron rod (with cap stamped |
---|
616 | 624 | | "JonesCarter Property Corner"); |
---|
617 | 625 | | 2. North 30°44'58" East, 25.00 feet to a set 3/4-inch iron |
---|
618 | 626 | | rod (with cap stamped "JonesCarter Property Corner"); |
---|
619 | 627 | | 3. North 59°15'02" West, 600.00 feet to a set 3/4-inch iron |
---|
620 | 628 | | rod (with cap stamped "JonesCarter Property Corner"); |
---|
621 | 629 | | 4. South 30°44'58" West, 25.00 feet to a set 3/4-inch iron |
---|
622 | 630 | | rod (with cap stamped "JonesCarter Property Corner"); |
---|
623 | 631 | | 5. North 59°15'02" West, 1371.85 feet to a set 3/4-inch iron |
---|
624 | 632 | | rod (with cap stamped "JonesCarter Property Corner") in the south |
---|
625 | 633 | | line of a called 139.384 acre tract conveyed to Norma Helen |
---|
626 | 634 | | Schoessow by Special Warranty Deed dated October 23, 1995 and filed |
---|
627 | 635 | | for record under Clerk's File No. 9559657 of the Montgomery County |
---|
628 | 636 | | Official Public Records of Real Property, for the west corner of the |
---|
629 | 637 | | herein described tract, from which a found 8-inch by 8-inch |
---|
630 | 638 | | concrete monument bears South 87°11'00" East, 8.79 feet; |
---|
631 | 639 | | THENCE, North 87°11'00" East, 2105.63 feet (called 2114.59 |
---|
632 | 640 | | feet), departing the northeast right-of-way of the said Union |
---|
633 | 641 | | Pacific Railroad, along the south line of said 139.384 acres, a |
---|
634 | 642 | | north line of said 279.65 acres, and a north line of the herein |
---|
635 | 643 | | described tract to a found 8-inch by 8-inch concrete monument, for |
---|
636 | 644 | | an angle corner for said 139.384 acres, said 279.65 acres, and the |
---|
637 | 645 | | herein described tract; |
---|
638 | 646 | | THENCE, North 32°44'24" East, along the southeast line of said |
---|
639 | 647 | | 139.384 acres, the northwest line of said 279.65 acres, and the |
---|
640 | 648 | | northwest line of the herein described tract, passing a found |
---|
641 | 649 | | 1/2-inch iron rod (bent) at 2037.03 feet, 4.74 feet right, |
---|
642 | 650 | | continuing for a total distance of 2056.48 feet to a found 1-inch |
---|
643 | 651 | | pinched top pipe, for an angle corner for said 139.384 acres, said |
---|
644 | 652 | | 279.65 acres, and the herein described tract; |
---|
645 | 653 | | THENCE, North 02°29'44" West, 2678.96 feet (called 2681.84 |
---|
646 | 654 | | feet) along the east line of said 139.384 acres, the west line of |
---|
647 | 655 | | said 279.65 acres, and the west line of the herein described tract |
---|
648 | 656 | | to a found 8-inch by 8-inch concrete monument in the south line of a |
---|
649 | 657 | | called 77.051 acre tract conveyed to Susan Halstead, Vincent S. |
---|
650 | 658 | | Halstead, Steven B. Schoessow, Clarice J. Fore, Curtis F. |
---|
651 | 659 | | Schoessow, Douglas P. Schoessow, Jana B. McNeil and Adrianne Leigh |
---|
652 | 660 | | Fore by Gift Deed dated October 10, 2014 and filed for record under |
---|
653 | 661 | | Clerk's File No. 2014100067 of the Montgomery County Official |
---|
654 | 662 | | Public Records of Real Property, for the northeast corner of said |
---|
655 | 663 | | 139.384 acres and the northwest corner of said 279.65 acres, same |
---|
656 | 664 | | being the northwest corner of the herein described tract, from |
---|
657 | 665 | | which a found 1/2-inch iron pipe bears North 01°41'45" East, 0.61 |
---|
658 | 666 | | feet; |
---|
659 | 667 | | THENCE, North 86°56'34" East, along the south line of said |
---|
660 | 668 | | 77.051 acres, the north line of said 279.65 acres, and the north |
---|
661 | 669 | | line of the herein described tract, passing a found 1-inch pinched |
---|
662 | 670 | | top pipe at 298.14 feet, continuing along the north line of said |
---|
663 | 671 | | 279.65 acres and the north line of the herein described tract for a |
---|
664 | 672 | | total distance of 715.80 feet to a set 3/4-inch iron rod (with cap |
---|
665 | 673 | | stamped "JonesCarter Property Corner") for an angle corner; |
---|
666 | 674 | | THENCE, North 86°38'34" East, 561.72 feet (called 561.50 |
---|
667 | 675 | | feet), continuing along the north line of said 279.65 acres and the |
---|
668 | 676 | | north line of the herein described tract to a found 1/2-inch iron |
---|
669 | 677 | | pipe in the apparent east line of the Edward Taylor Survey, Abstract |
---|
670 | 678 | | Number 554 and the apparent west line of the Leander Wescott Survey, |
---|
671 | 679 | | Abstract Number 616, for the southeast corner of a called 10 acre |
---|
672 | 680 | | tract conveyed to Axe Em Investments, L.P. by Special Warranty Deed |
---|
673 | 681 | | dated October 1, 2003 and filed for record under Clerk's File |
---|
674 | 682 | | No. 2003-134286 of the Montgomery County Official Public Records of |
---|
675 | 683 | | Real Property and the northeast corner of said 279.65 acres, same |
---|
676 | 684 | | being the northeast corner of the herein described tract, from |
---|
677 | 685 | | which a found 1/2-inch iron rod bears North 03°18'03" West, 941.08 |
---|
678 | 686 | | feet; |
---|
679 | 687 | | THENCE, South 02°35'38" East, along the apparent east line of |
---|
680 | 688 | | the Edward Taylor Survey, Abstract Number 554, the apparent west |
---|
681 | 689 | | line of the Leander Wescott Survey, Abstract Number 616, the east |
---|
682 | 690 | | line of said 279.65 acres and the east line of the herein described |
---|
683 | 691 | | tract, passing a found 1/2-inch iron pipe at a distance of 2090.96 |
---|
684 | 692 | | feet, 12.71 feet right, a found 5/8-inch iron rod at a distance of |
---|
685 | 693 | | 2094.87 feet, 12.74 feet right and a found 3/4-inch iron rod (with |
---|
686 | 694 | | cap stamped "JonesCarter Property Corner") (previously set for |
---|
687 | 695 | | survey of adjoining acreage) at a distance of 2107.96 feet, |
---|
688 | 696 | | continuing along apparent east line of the Edward Taylor Survey, |
---|
689 | 697 | | Abstract Number 554, the apparent west line of the Robin George |
---|
690 | 698 | | Survey, Abstract Number 470, the apparent west line of the Leander |
---|
691 | 699 | | Wescott Survey, Abstract Number 615, the west line of Block 4 of |
---|
692 | 700 | | Cripple Creek Farms North Section Three (an unrecorded |
---|
693 | 701 | | subdivision), the east line of said 279.65 acres and the east line |
---|
694 | 702 | | of the herein described tract, same being the common line of a |
---|
695 | 703 | | Boundary Agreement dated August 11, 1958 filed for record in Volume |
---|
696 | 704 | | 458, Page 386 of the Montgomery County Deed Records, passing a found |
---|
697 | 705 | | 1/2-inch iron pipe at a distance of 2978.61 feet, 4.46 feet right, a |
---|
698 | 706 | | found 1/2-inch iron pipe at a distance of 3178.70 feet, 4.50 feet |
---|
699 | 707 | | right, a found 5/8-inch iron rod at a distance of 3408.76 feet, 4.96 |
---|
700 | 708 | | feet right, a found 1/2-inch iron pipe at a distance of 3638.37 |
---|
701 | 709 | | feet, 5.76 feet right, a found 1/2-inch iron pipe at a distance of |
---|
702 | 710 | | 3846.97 feet, 5.42 feet right, a found 1/2-inch iron pipe at a |
---|
703 | 711 | | distance of 4046.44 feet, 4.77 feet right, a found 3/4-inch iron rod |
---|
704 | 712 | | at a distance of 4246.56 feet, 4.32 feet right, a found 1/2-inch |
---|
705 | 713 | | iron pipe at a distance of 4446.96 feet, 5.22 feet right, a found |
---|
706 | 714 | | 1/2-inch iron pipe at a distance of 4646.61 feet, 6.40 feet right, a |
---|
707 | 715 | | found 5/8-inch iron rod at a distance of 4845.95 feet, 6.30 feet |
---|
708 | 716 | | right, a found 1/2-inch iron pipe at a distance of 5044.96 feet, |
---|
709 | 717 | | 6.79 feet right, a found 1/2-inch iron pipe at a distance of 5644.64 |
---|
710 | 718 | | feet, 6.54 feet right, a found 1/4-inch iron pipe at a distance of |
---|
711 | 719 | | 5665.25 feet, 7.16 feet right, a found 5/8-inch iron rod at a |
---|
712 | 720 | | distance of 5665.30 feet, 6.86 feet right, continuing for a total |
---|
713 | 721 | | distance of 6047.81 feet (called 6051.88 feet) to the POINT OF |
---|
714 | 722 | | BEGINNING, CONTAINING 279.07 acres of land in Montgomery County, |
---|
715 | 723 | | Texas, as shown on drawing number 9629-A. |
---|
716 | 724 | | TRACT 2 |
---|
717 | 725 | | A METES AND BOUNDS description of a 842.23 acre tract of land |
---|
718 | 726 | | situated in the Charles Frazier Survey, Abstract Number 206, the |
---|
719 | 727 | | Andrew J. Hensley Survey, Abstract Number 255, the Azariah Prather |
---|
720 | 728 | | Survey, Abstract Number 427 and the Leander Wescott Survey, |
---|
721 | 729 | | Abstract Number 616, Montgomery County, Texas; being out of and a |
---|
722 | 730 | | part of a called 881.183 acre tract (Tract 1) conveyed to Mitchell |
---|
723 | 731 | | Energy Corporation by Special Warranty Deed dated July 31, 1997 and |
---|
724 | 732 | | filed for record under Clerk's File No. 9746155 of the Montgomery |
---|
725 | 733 | | County Official Public Records of Real Property; said 842.23 acres |
---|
726 | 734 | | being more particularly described as follows with all bearings |
---|
727 | 735 | | based on the Texas Coordinate System of 1983, Central Zone: |
---|
728 | 736 | | BEGINNING at a found 3-inch iron pipe for the north corner |
---|
729 | 737 | | Greentree Forest Estates (an Unrecorded Subdivision), same being an |
---|
730 | 738 | | interior corner of the herein described tract; |
---|
731 | 739 | | THENCE, South 42°47'48" West, along the northwest line of said |
---|
732 | 740 | | Greentree Forest Estates and a southeast line of said 881.183 |
---|
733 | 741 | | acres, passing a found 5/8-inch iron rod at 256.52 feet, a found |
---|
734 | 742 | | 1/2-inch iron rod at 374.49 feet, 0.17 feet left, a found 5/8-inch |
---|
735 | 743 | | iron rod at 847.40 feet, a found 5/8-inch iron rod at 965.59 feet, |
---|
736 | 744 | | 0.38 feet right, a found 1/2-inch iron rod at 1202.01 feet, a found |
---|
737 | 745 | | 1/2-inch iron rod at 1442.52 feet, 1.05 feet right, a found 5/8-inch |
---|
738 | 746 | | iron rod at 1686.50 feet and a found 1/2-inch iron rod at 1921.45 |
---|
739 | 747 | | feet, continuing for a total distance of 2155.95 feet (called |
---|
740 | 748 | | 2155.95 feet) to a set 3/4-inch iron rod (with cap stamped |
---|
741 | 749 | | "JonesCarter Property Corner") in the northeast line of called |
---|
742 | 750 | | 4.615 acre tract, known as Tract 17, Block 4 of Cripple Creek Farms |
---|
743 | 751 | | North Section Three (an unrecorded subdivision), conveyed to Larry |
---|
744 | 752 | | Dan McQuerry and wife, Mary Margaret McQuerry by General Warranty |
---|
745 | 753 | | Deed dated April 2, 1980 and filed for record under Clerk's File |
---|
746 | 754 | | No. 8011618 of the Montgomery County Official Public Records of |
---|
747 | 755 | | Real Property, for a southwest corner of the herein described |
---|
748 | 756 | | tract, from which a found 1/2-inch iron rod bears South 47°45'18" |
---|
749 | 757 | | East, 171.07 feet; |
---|
750 | 758 | | THENCE, North 47°25'32" West, 433.31 feet (called 1246.42 |
---|
751 | 759 | | feet), departing the northwest line of said Greentree Forest |
---|
752 | 760 | | Estates, along the northeast line of said 4.615 acres and a |
---|
753 | 761 | | southwest line of said 881.183 acres to a set 3/4-inch iron rod |
---|
754 | 762 | | (with cap stamped "JonesCarter Property Corner") in the east line |
---|
755 | 763 | | of a called 279.65 acre tract conveyed to Mitchell Energy |
---|
756 | 764 | | Corporation by Surface Deed and Subsurface Easement dated January |
---|
757 | 765 | | 1, 1995 and file for record under Clerk's File No. 9509774 of the |
---|
758 | 766 | | Montgomery County Official Public Records of Real Property, same |
---|
759 | 767 | | being the apparent east line of the Edward Taylor Survey, Abstract |
---|
760 | 768 | | Number 554 and the apparent west line of the Leander Wescott Survey, |
---|
761 | 769 | | Abstract Number 616, from which found 3-1/2" iron pipe bears North |
---|
762 | 770 | | 47°25'32" West, 812.94 feet, and a found 1/2-inch iron rod bears |
---|
763 | 771 | | South 02°35'38" East, 3939.85 feet; |
---|
764 | 772 | | THENCE, North 02°35'38" West, departing the northeast line of |
---|
765 | 773 | | said 4.615 acres, along the east line of said 279.65 acres, the |
---|
766 | 774 | | apparent east line of the Edward Taylor Survey, Abstract Number 554 |
---|
767 | 775 | | and the apparent west line of the Leander Wescott Survey, Abstract |
---|
768 | 776 | | Number 616, passing a 5/8-inch iron rod at 13.09 feet, 12.74 feet |
---|
769 | 777 | | left and a found 1/2-inch iron pipe at 17.01 feet, 12.71 feet left, |
---|
770 | 778 | | continuing for a total distance of 2107.96 feet to a found 1/2-inch |
---|
771 | 779 | | iron pipe for the southeast corner of a called 10 acre tract |
---|
772 | 780 | | conveyed to Axe Em Investments, L.P. by Special Warranty Deed dated |
---|
773 | 781 | | October 1, 2003 and filed for record under Clerk's File |
---|
774 | 782 | | No. 2003-134286 of the Montgomery County Official Public Records of |
---|
775 | 783 | | Real Property, the northeast corner of said 279.65 acres and an |
---|
776 | 784 | | angle point in the west line of the herein described tract, from |
---|
777 | 785 | | which a found 3/4-inch iron rod (with cap stamped "JonesCarter |
---|
778 | 786 | | Property Corner") bears South 86°38'34" West, 561.72 feet; |
---|
779 | 787 | | THENCE, North 03°18'03" West, continuing along the apparent |
---|
780 | 788 | | east line of the Edward Taylor Survey, Abstract Number 554, the |
---|
781 | 789 | | apparent west line of the Leander Wescott Survey, Abstract Number |
---|
782 | 790 | | 616, and the east line of said 10 acres, passing a 1/2-inch iron rod |
---|
783 | 791 | | at 220.99 feet, continuing along the east line of said 10 acres, the |
---|
784 | 792 | | east line of a called 5 acre tract and another called 10 acre tract |
---|
785 | 793 | | (hereinafter referred to as "northern 10 acres"), both conveyed to |
---|
786 | 794 | | Axe Em Investments, L.P. by Special Warranty Deed dated October 1, |
---|
787 | 795 | | 2003 and filed for record under Clerk's File No. 2003-134286 of the |
---|
788 | 796 | | Montgomery County Official Public Records of Real Property for a |
---|
789 | 797 | | total distance of 941.08 feet to a found 1/2-inch iron rod in the |
---|
790 | 798 | | north line of said 881.183 acres for an angle point in the south |
---|
791 | 799 | | line of a called 757.02 acre tract ("Tract III") conveyed to 1488 |
---|
792 | 800 | | Corp. by Special Warranty Deed dated December 29, 2015 and filed for |
---|
793 | 801 | | record under Clerk's File No. 2016002467 of the Montgomery County |
---|
794 | 802 | | Official Public Records of Real Property, same being the northwest |
---|
795 | 803 | | corner of the herein described tract, from which a found axle bears |
---|
796 | 804 | | North 48°48'43" West, 728.19 feet and a found 3/4-inch pinched top |
---|
797 | 805 | | pipe bears North 03°04'57" West, 1286.89 feet; |
---|
798 | 806 | | THENCE, departing the east line of said northern 10 acres, |
---|
799 | 807 | | the apparent east line of the Edward Taylor Survey, Abstract Number |
---|
800 | 808 | | 554 and the apparent west line of the Leander Wescott Survey, |
---|
801 | 809 | | Abstract Number 616, along the south line of said 757.02 acres and |
---|
802 | 810 | | the north line of said 881.183 acres the following six (6) courses |
---|
803 | 811 | | and distances: |
---|
804 | 812 | | 1. South 48°52'00" East, 593.66 feet (called 1321.86 feet) |
---|
805 | 813 | | to a found 3-inch iron pipe for an angle point; |
---|
806 | 814 | | 2. North 42°00'28" East, 807.36 feet (called 807.98 feet) to |
---|
807 | 815 | | a found 3-inch iron pipe; |
---|
808 | 816 | | 3. North 43°20'46" East, 781.14 feet (called 779.36 feet) to |
---|
809 | 817 | | a found 3/4-inch iron pipe; |
---|
810 | 818 | | 4. North 41°41'25" East, 1538.43 feet (called 1540.14 feet) |
---|
811 | 819 | | to a found 3-inch iron pipe; |
---|
812 | 820 | | 5. North 42°24'04" East, 777.81 feet (called 778.99 feet) to |
---|
813 | 821 | | a found 1/2-inch iron rod; |
---|
814 | 822 | | 6. North 42°15'57" East, 706.71 feet (called 710.25 feet) to |
---|
815 | 823 | | a point in the centerline of Mill Creek, for the west corner of a |
---|
816 | 824 | | called 6.11186 acre tract, known as Tract 12 of Wildwood Estates (an |
---|
817 | 825 | | unrecorded subdivision), conveyed to John M. Burdick and wife, |
---|
818 | 826 | | Sandra A. Burdick by Warranty Deed dated October 14, 1991 and file |
---|
819 | 827 | | for record under Clerk's File No. 9148107 of the Montgomery County |
---|
820 | 828 | | Official Public Records of Real Property, same being the north |
---|
821 | 829 | | corner of said 881.183 acres and the herein described tract, from |
---|
822 | 830 | | which a found 1-inch iron pipe bears North 42°15'57" East, 1881.50 |
---|
823 | 831 | | feet; |
---|
824 | 832 | | THENCE, departing the south line of said 757.02 acres, along |
---|
825 | 833 | | the centerline meanders of said Mill Creek, same being the east line |
---|
826 | 834 | | of said 881.183 acres, the following two-hundred and forty-six |
---|
827 | 835 | | (246) courses and distances: |
---|
828 | 836 | | 1. South 12°18'18" East, 20.94 feet to a point; |
---|
829 | 837 | | 2. South 22°23'59" East, 74.66 feet to a point; |
---|
830 | 838 | | 3. South 42°53'52" West, 46.44 feet to a point; |
---|
831 | 839 | | 4. South 36°58'56" West, 46.01 feet to a point; |
---|
832 | 840 | | 5. South 09°52'55" East, 37.33 feet to a point; |
---|
833 | 841 | | 6. North 87°56'29" East, 80.12 feet to a point; |
---|
834 | 842 | | 7. South 45°12'31" East, 17.10 feet to a point; |
---|
835 | 843 | | 8. South 10°52'22" East, 26.87 feet to a point; |
---|
836 | 844 | | 9. South 02°05'39" East, 26.13 feet to a point; |
---|
837 | 845 | | 10. South 12°44'29" East, 19.29 feet to a point; |
---|
838 | 846 | | 11. South 04°45'43" West, 43.16 feet to a point; |
---|
839 | 847 | | 12. South 35°59'36" East, 36.12 feet to a point; |
---|
840 | 848 | | 13. South 09°16'25" West, 32.54 feet to a point; |
---|
841 | 849 | | 14. South 12°40'55" West, 171.14 feet to a point; |
---|
842 | 850 | | 15. South 06°14'53" East, 70.78 feet to a point; |
---|
843 | 851 | | 16. South 41°23'52" East, 61.54 feet to a point; |
---|
844 | 852 | | 17. South 14°42'38" East, 130.27 feet to a point; |
---|
845 | 853 | | 18. South 23°55'53" East, 126.21 feet to a point; |
---|
846 | 854 | | 19. South 10°03'51" East, 50.67 feet to a point; |
---|
847 | 855 | | 20. South 36°50'20" East, 107.39 feet to a point; |
---|
848 | 856 | | 21. South 10°43'38" East, 60.21 feet to a point; |
---|
849 | 857 | | 22. South 21°14'15" West, 153.28 feet to a point; |
---|
850 | 858 | | 23. South 22°33'14" West, 58.07 feet to a point; |
---|
851 | 859 | | 24. South 05°35'01" West, 20.25 feet to a point; |
---|
852 | 860 | | 25. South 61°22'44" East, 38.41 feet to a point; |
---|
853 | 861 | | 26. South 69°02'33" East, 58.99 feet to a point; |
---|
854 | 862 | | 27. South 12°12'50" East, 124.16 feet to a point; |
---|
855 | 863 | | 28. South 32°31'48" East, 44.10 feet to a point; |
---|
856 | 864 | | 29. South 57°36'47" East, 61.05 feet to a point; |
---|
857 | 865 | | 30. South 53°27'39" East, 56.94 feet to a point; |
---|
858 | 866 | | 31. South 33°14'19" East, 97.80 feet to a point; |
---|
859 | 867 | | 32. South 21°00'11" East, 47.88 feet to a point; |
---|
860 | 868 | | 33. South 00°14'08" West, 9.48 feet to a point; |
---|
861 | 869 | | 34. South 35°38'34" West, 15.42 feet to a point; |
---|
862 | 870 | | 35. South 05°09'49" West, 35.23 feet to a point; |
---|
863 | 871 | | 36. South 41°24'16" East, 29.71 feet to a point; |
---|
864 | 872 | | 37. South 59°26'29" East, 22.32 feet to a point; |
---|
865 | 873 | | 38. South 69°02'33" East, 324.70 feet to a point; |
---|
866 | 874 | | 39. South 85°20'52" East, 48.71 feet to a point; |
---|
867 | 875 | | 40. North 78°12'44" East, 26.46 feet to a point; |
---|
868 | 876 | | 41. North 42°26'02" East, 37.26 feet to a point; |
---|
869 | 877 | | 42. North 09°57'57" East, 21.44 feet to a point; |
---|
870 | 878 | | 43. North 71°11'45" West, 44.32 feet to a point; |
---|
871 | 879 | | 44. North 43°20'43" West, 8.72 feet to a point; |
---|
872 | 880 | | 45. North 01°04'41" West, 22.38 feet to a point; |
---|
873 | 881 | | 46. North 21°27'17" East, 14.55 feet to a point; |
---|
874 | 882 | | 47. North 35°12'16" East, 57.34 feet to a point; |
---|
875 | 883 | | 48. South 40°49'24" East, 26.21 feet to a point; |
---|
876 | 884 | | 49. South 26°33'49" East, 19.14 feet to a point; |
---|
877 | 885 | | 50. South 78°44'47" East, 39.61 feet to a point; |
---|
878 | 886 | | 51. South 42°37'50" East, 117.76 feet to a point; |
---|
879 | 887 | | 52. South 63°31'02" East, 54.42 feet to a point; |
---|
880 | 888 | | 53. North 86°22'35" East, 14.48 feet to a point; |
---|
881 | 889 | | 54. South 83°23'38" East, 50.81 feet to a point; |
---|
882 | 890 | | 55. South 41°53'26" East, 37.41 feet to a point; |
---|
883 | 891 | | 56. South 10°42'29" East, 156.83 feet to a point; |
---|
884 | 892 | | 57. South 50°37'37" East, 26.55 feet to a point; |
---|
885 | 893 | | 58. South 35°05'48" East, 74.85 feet to a point; |
---|
886 | 894 | | 59. South 34°45'59" East, 50.28 feet to a point; |
---|
887 | 895 | | 60. South 63°14'51" East, 163.53 feet to a point; |
---|
888 | 896 | | 61. South 87°53'24" East, 20.12 feet to a point; |
---|
889 | 897 | | 62. North 48°15'22" East, 95.09 feet to a point; |
---|
890 | 898 | | 63. South 57°40'49" East, 12.18 feet to a point; |
---|
891 | 899 | | 64. South 55°52'46" East, 39.03 feet to a point; |
---|
892 | 900 | | 65. South 30°38'19" East, 13.33 feet to a point; |
---|
893 | 901 | | 66. South 17°12'36" East, 20.13 feet to a point; |
---|
894 | 902 | | 67. South 54°53'29" East, 145.28 feet to a point; |
---|
895 | 903 | | 68. South 66°39'02" East, 56.87 feet to a point; |
---|
896 | 904 | | 69. South 75°44'05" East, 87.52 feet to a point; |
---|
897 | 905 | | 70. South 58°53'21" East, 90.35 feet to a point; |
---|
898 | 906 | | 71. North 88°28'59" East, 42.27 feet to a point; |
---|
899 | 907 | | 72. South 56°16'37" East, 181.99 feet to a point; |
---|
900 | 908 | | 73. South 40°53'21" East, 125.58 feet to a point; |
---|
901 | 909 | | 74. South 31°26'40" West, 50.99 feet to a point; |
---|
902 | 910 | | 75. South 28°10'18" West, 24.21 feet to a point; |
---|
903 | 911 | | 76. South 77°29'22" East, 19.73 feet to a point; |
---|
904 | 912 | | 77. South 50°09'42" East, 96.47 feet to a point; |
---|
905 | 913 | | 78. South 56°32'41" East, 38.23 feet to a point; |
---|
906 | 914 | | 79. South 54°49'44" East, 31.98 feet to a point; |
---|
907 | 915 | | 80. North 77°40'42" East, 30.26 feet to a point; |
---|
908 | 916 | | 81. North 80°05'57" East, 64.03 feet to a point; |
---|
909 | 917 | | 82. South 66°03'01" East, 290.35 feet to a point; |
---|
910 | 918 | | 83. South 63°25'23" East, 170.62 feet to a point; |
---|
911 | 919 | | 84. South 62°41'27" East, 181.12 feet to a point; |
---|
912 | 920 | | 85. South 49°53'40" East, 59.94 feet to a point; |
---|
913 | 921 | | 86. South 39°07'27" East, 46.28 feet to a point; |
---|
914 | 922 | | 87. South 05°14'20" West, 92.52 feet to a point; |
---|
915 | 923 | | 88. South 63°37'44" West, 38.32 feet to a point; |
---|
916 | 924 | | 89. South 46°52'08" West, 17.69 feet to a point; |
---|
917 | 925 | | 90. South 30°30'24" West, 32.48 feet to a point; |
---|
918 | 926 | | 91. South 52°08'30" West, 30.87 feet to a point; |
---|
919 | 927 | | 92. North 88°59'43" West, 56.63 feet to a point; |
---|
920 | 928 | | 93. South 40°10'42" West, 137.98 feet to a point; |
---|
921 | 929 | | 94. South 17°29'36" West, 77.42 feet to a point; |
---|
922 | 930 | | 95. South 00°37'28" East, 30.27 feet to a point; |
---|
923 | 931 | | 96. South 83°36'36" East, 64.24 feet to a point; |
---|
924 | 932 | | 97. South 86°39'20" East, 105.45 feet to a point; |
---|
925 | 933 | | 98. South 46°06'16" East, 176.19 feet to a point; |
---|
926 | 934 | | 99. South 56°22'42" East, 61.38 feet to a point; |
---|
927 | 935 | | 100. South 53°51'41" East, 64.61 feet to a point; |
---|
928 | 936 | | 101. North 46°16'54" East, 19.60 feet to a point; |
---|
929 | 937 | | 102. North 42°53'51" East, 33.81 feet to a point; |
---|
930 | 938 | | 103. North 81°54'47" East, 105.65 feet to a point; |
---|
931 | 939 | | 104. South 78°49'30" East, 53.59 feet to a point; |
---|
932 | 940 | | 105. South 39°53'14" East, 18.21 feet to a point; |
---|
933 | 941 | | 106. South 27°02'07" East, 57.44 feet to a point; |
---|
934 | 942 | | 107. South 40°36'08" East, 83.23 feet to a point; |
---|
935 | 943 | | 108. South 36°14'03" East, 104.79 feet to a point; |
---|
936 | 944 | | 109. South 21°55'33" West, 120.32 feet to a point; |
---|
937 | 945 | | 110. South 45°28'18" West, 24.82 feet to a point; |
---|
938 | 946 | | 111. North 87°16'18" West, 60.19 feet to a point; |
---|
939 | 947 | | 112. South 04°03'57" West, 40.49 feet to a point; |
---|
940 | 948 | | 113. South 19°30'55" West, 113.56 feet to a point; |
---|
941 | 949 | | 114. South 17°09'33" West, 26.63 feet to a point; |
---|
942 | 950 | | 115. South 06°32'51" West, 52.58 feet to a point; |
---|
943 | 951 | | 116. South 48°03'00" East, 198.07 feet to a point; |
---|
944 | 952 | | 117. South 78°07'22" East, 39.83 feet to a point; |
---|
945 | 953 | | 118. South 45°15'38" East, 108.53 feet to a point; |
---|
946 | 954 | | 119. South 15°27'32" East, 74.05 feet to a point; |
---|
947 | 955 | | 120. South 29°42'12" East, 187.05 feet to a point; |
---|
948 | 956 | | 121. South 10°51'23" East, 98.64 feet to a point; |
---|
949 | 957 | | 122. South 13°57'22" West, 16.81 feet to a point; |
---|
950 | 958 | | 123. South 05°41'13" East, 152.49 feet to a point; |
---|
951 | 959 | | 124. South 04°31'17" East, 117.06 feet to a point; |
---|
952 | 960 | | 125. South 04°48'51" West, 67.94 feet to a point; |
---|
953 | 961 | | 126. South 20°51'03" West, 86.27 feet to a point; |
---|
954 | 962 | | 127. South 48°35'35" West, 63.11 feet to a point; |
---|
955 | 963 | | 128. South 48°58'11" West, 27.31 feet to a point; |
---|
956 | 964 | | 129. South 41°19'59" West, 147.94 feet to a point; |
---|
957 | 965 | | 130. South 16°43'24" West, 51.25 feet to a point; |
---|
958 | 966 | | 131. South 38°48'25" West, 129.88 feet to a point; |
---|
959 | 967 | | 132. South 48°43'18" West, 33.26 feet to a point; |
---|
960 | 968 | | 133. South 49°33'27" West, 63.28 feet to a point; |
---|
961 | 969 | | 134. South 34°02'23" West, 138.93 feet to a point; |
---|
962 | 970 | | 135. South 43°19'50" West, 77.02 feet to a point; |
---|
963 | 971 | | 136. South 21°42'27" East, 21.32 feet to a point; |
---|
964 | 972 | | 137. South 19°31'50" East, 69.55 feet to a point; |
---|
965 | 973 | | 138. South 10°43'23" East, 164.23 feet to a point; |
---|
966 | 974 | | 139. South 50°46'56" East, 96.05 feet to a point; |
---|
967 | 975 | | 140. South 38°12'17" East, 124.95 feet to a point; |
---|
968 | 976 | | 141. South 14°25'39" East, 40.20 feet to a point; |
---|
969 | 977 | | 142. South 04°53'50" East, 123.95 feet to a point; |
---|
970 | 978 | | 143. South 32°39'47" East, 115.61 feet to a point; |
---|
971 | 979 | | 144. South 15°59'49" East, 145.05 feet to a point; |
---|
972 | 980 | | 145. South 44°34'59" East, 144.65 feet to a point; |
---|
973 | 981 | | 146. South 62°03'10" East, 95.40 feet to a point; |
---|
974 | 982 | | 147. South 79°38'44" East, 72.91 feet to a point; |
---|
975 | 983 | | 148. South 10°24'52" East, 229.66 feet to a point; |
---|
976 | 984 | | 149. North 68°22'11" West, 80.47 feet to a point; |
---|
977 | 985 | | 150. South 07°25'05" East, 48.42 feet to a point; |
---|
978 | 986 | | 151. South 02°41'47" West, 198.27 feet to a point; |
---|
979 | 987 | | 152. South 43°12'25" West, 88.27 feet to a point; |
---|
980 | 988 | | 153. South 51°53'13" West, 53.80 feet to a point; |
---|
981 | 989 | | 154. South 46°45'22" East, 42.20 feet to a point; |
---|
982 | 990 | | 155. South 61°43'29" East, 161.36 feet to a point; |
---|
983 | 991 | | 156. South 28°19'40" East, 101.12 feet to a point; |
---|
984 | 992 | | 157. South 32°48'06" East, 144.76 feet to a point; |
---|
985 | 993 | | 158. South 50°37'24" East, 51.47 feet to a point; |
---|
986 | 994 | | 159. South 28°01'42" East, 126.58 feet to a point; |
---|
987 | 995 | | 160. South 38°57'45" East, 107.31 feet to a point; |
---|
988 | 996 | | 161. South 50°24'34" East, 71.71 feet to a point; |
---|
989 | 997 | | 162. South 09°29'22" East, 212.34 feet to a point; |
---|
990 | 998 | | 163. South 00°20'59" West, 132.90 feet to a point; |
---|
991 | 999 | | 164. South 19°40'54" East, 86.34 feet to a point; |
---|
992 | 1000 | | 165. South 14°58'26" West, 140.70 feet to a point; |
---|
993 | 1001 | | 166. South 10°08'09" West, 74.76 feet to a point; |
---|
994 | 1002 | | 167. South 53°21'21" West, 115.04 feet to a point; |
---|
995 | 1003 | | 168. South 27°54'49" West, 62.71 feet to a point; |
---|
996 | 1004 | | 169. South 34°48'30" East, 61.40 feet to a point; |
---|
997 | 1005 | | 170. South 66°20'22" East, 141.85 feet to a point; |
---|
998 | 1006 | | 171. South 72°53'56" East, 64.16 feet to a point; |
---|
999 | 1007 | | 172. South 80°40'10" East, 93.92 feet to a point; |
---|
1000 | 1008 | | 173. North 88°21'42" East, 215.53 feet to a point; |
---|
1001 | 1009 | | 174. North 72°22'13" East, 72.02 feet to a point; |
---|
1002 | 1010 | | 175. North 30°33'22" East, 51.13 feet to a point; |
---|
1003 | 1011 | | 176. North 53°06'11" East, 67.65 feet to a point; |
---|
1004 | 1012 | | 177. South 89°23'41" East, 60.02 feet to a point; |
---|
1005 | 1013 | | 178. North 69°42'48" East, 89.16 feet to a point; |
---|
1006 | 1014 | | 179. North 84°21'21" East, 28.12 feet to a point; |
---|
1007 | 1015 | | 180. South 65°03'29" East, 63.15 feet to a point; |
---|
1008 | 1016 | | 181. South 24°31'20" East, 153.15 feet to a point; |
---|
1009 | 1017 | | 182. South 79°55'10" East, 74.23 feet to a point; |
---|
1010 | 1018 | | 183. South 30°19'44" East, 69.41 feet to a point; |
---|
1011 | 1019 | | 184. South 26°36'17" West, 67.33 feet to a point; |
---|
1012 | 1020 | | 185. South 51°53'55" East, 28.30 feet to a point; |
---|
1013 | 1021 | | 186. South 48°09'02" East, 20.98 feet to a point; |
---|
1014 | 1022 | | 187. South 69°54'32" East, 42.71 feet to a point; |
---|
1015 | 1023 | | 188. South 49°35'02" East, 114.15 feet to a point; |
---|
1016 | 1024 | | 189. South 61°51'29" East, 70.82 feet to a point; |
---|
1017 | 1025 | | 190. North 56°45'53" East, 81.24 feet to a point; |
---|
1018 | 1026 | | 191. North 10°22'42" West, 27.52 feet to a point; |
---|
1019 | 1027 | | 192. North 44°20'07" West, 46.76 feet to a point; |
---|
1020 | 1028 | | 193. North 14°23'02" West, 40.60 feet to a point; |
---|
1021 | 1029 | | 194. North 81°26'55" East, 88.16 feet to a point; |
---|
1022 | 1030 | | 195. South 81°27'52" East, 225.26 feet to a point; |
---|
1023 | 1031 | | 196. North 50°13'30" East, 52.21 feet to a point; |
---|
1024 | 1032 | | 197. South 83°42'53" East, 38.65 feet to a point; |
---|
1025 | 1033 | | 198. South 53°20'17" East, 54.33 feet to a point; |
---|
1026 | 1034 | | 199. South 34°41'44" East, 78.36 feet to a point; |
---|
1027 | 1035 | | 200. South 04°59'36" West, 17.83 feet to a point; |
---|
1028 | 1036 | | 201. South 75°56'24" West, 26.48 feet to a point; |
---|
1029 | 1037 | | 202. North 80°06'10" West, 22.44 feet to a point; |
---|
1030 | 1038 | | 203. South 15°30'22" West, 102.03 feet to a point; |
---|
1031 | 1039 | | 204. South 77°49'42" West, 77.55 feet to a point; |
---|
1032 | 1040 | | 205. South 05°43'31" West, 17.16 feet to a point; |
---|
1033 | 1041 | | 206. South 36°38'48" East, 52.50 feet to a point; |
---|
1034 | 1042 | | 207. South 22°17'18" West, 18.42 feet to a point; |
---|
1035 | 1043 | | 208. South 46°04'19" West, 106.13 feet to a point; |
---|
1036 | 1044 | | 209. South 00°20'40" East, 46.25 feet to a point; |
---|
1037 | 1045 | | 210. North 86°03'23" East, 65.78 feet to a point; |
---|
1038 | 1046 | | 211. South 88°15'33" East, 59.39 feet to a point; |
---|
1039 | 1047 | | 212. South 72°52'21" East, 84.16 feet to a point; |
---|
1040 | 1048 | | 213. South 22°30'03" East, 31.04 feet to a point; |
---|
1041 | 1049 | | 214. South 07°37'19" West, 34.13 feet to a point; |
---|
1042 | 1050 | | 215. South 13°51'28" East, 32.68 feet to a point; |
---|
1043 | 1051 | | 216. South 42°01'46" East, 82.75 feet to a point; |
---|
1044 | 1052 | | 217. South 32°57'14" East, 31.07 feet to a point; |
---|
1045 | 1053 | | 218. South 26°42'20" West, 36.83 feet to a point; |
---|
1046 | 1054 | | 219. South 51°10'47" West, 104.44 feet to a point; |
---|
1047 | 1055 | | 220. South 78°09'38" West, 133.44 feet to a point; |
---|
1048 | 1056 | | 221. North 65°18'54" West, 40.51 feet to a point; |
---|
1049 | 1057 | | 222. North 20°57'04" West, 19.22 feet to a point; |
---|
1050 | 1058 | | 223. North 20°58'16" East, 21.54 feet to a point; |
---|
1051 | 1059 | | 224. North 31°10'24" West, 21.19 feet to a point; |
---|
1052 | 1060 | | 225. South 86°54'36" West, 98.56 feet to a point; |
---|
1053 | 1061 | | 226. South 62°17'52" West, 61.48 feet to a point; |
---|
1054 | 1062 | | 227. South 10°48'36" West, 14.13 feet to a point; |
---|
1055 | 1063 | | 228. South 68°28'09" West, 146.02 feet to a point; |
---|
1056 | 1064 | | 229. South 66°50'57" West, 13.98 feet to a point; |
---|
1057 | 1065 | | 230. South 54°14'31" West, 9.13 feet to a point; |
---|
1058 | 1066 | | 231. South 28°53'35" West, 47.36 feet to a point; |
---|
1059 | 1067 | | 232. South 14°53'51" East, 38.67 feet to a point; |
---|
1060 | 1068 | | 233. South 33°16'15" West, 110.49 feet to a point; |
---|
1061 | 1069 | | 234. South 25°51'57" West, 87.36 feet to a point; |
---|
1062 | 1070 | | 235. South 24°40'48" West, 168.46 feet to a point; |
---|
1063 | 1071 | | 236. South 18°07'49" West, 119.57 feet to a point; |
---|
1064 | 1072 | | 237. South 07°55'38" West, 73.03 feet to a point; |
---|
1065 | 1073 | | 238. South 30°22'38" East, 68.89 feet to a point; |
---|
1066 | 1074 | | 239. South 08°41'13" West, 43.89 feet to a point; |
---|
1067 | 1075 | | 240. South 20°25'31" West, 64.73 feet to a point; |
---|
1068 | 1076 | | 241. South 06°48'07" West, 63.29 feet to a point; |
---|
1069 | 1077 | | 242. South 07°37'07" West, 39.79 feet to a point; |
---|
1070 | 1078 | | 243. South 28°55'17" West, 36.09 feet to a point; |
---|
1071 | 1079 | | 244. South 66°13'24" West, 56.17 feet to a point; |
---|
1072 | 1080 | | 245. South 43°02'27" West, 59.63 feet to a point; |
---|
1073 | 1081 | | 246. South 13°44'31" West, 6.84 feet to a point in the |
---|
1074 | 1082 | | northeast line of Mill Creek Forest as shown on a plat filed for |
---|
1075 | 1083 | | record in Volume 5, Page 491 of the Montgomery County Deed Records |
---|
1076 | 1084 | | for the most southerly corner of said 881.183 acres and the herein |
---|
1077 | 1085 | | described tract; |
---|
1078 | 1086 | | THENCE, North 46°43'05" West, departing the centerline |
---|
1079 | 1087 | | meanders of said Mill Creek, along the northeast line of said Mill |
---|
1080 | 1088 | | Creek Forest, and the southwest line of said 881.183 acres, passing |
---|
1081 | 1089 | | a found 1/2-inch iron rod (with cap stamped "Reinke 3971") at 61.41 |
---|
1082 | 1090 | | feet, continuing for a total distance of 397.79 feet (called |
---|
1083 | 1091 | | 414.06) to a found 1/2-inch iron rod (with cap stamped "Geomatics |
---|
1084 | 1092 | | Inc.") for the north corner of said Mill Creek Forest, and an |
---|
1085 | 1093 | | interior corner of said 881.183 acres and the herein described |
---|
1086 | 1094 | | tract; |
---|
1087 | 1095 | | THENCE, South 43°03'45" West, along the northwest line of said |
---|
1088 | 1096 | | Mill Creek Forest and a southeast line of said 881.183 acres, |
---|
1089 | 1097 | | passing a found 3/4-inch iron pipe at 104.79 feet, 0.97 feet right, |
---|
1090 | 1098 | | continuing for a total distance of 198.18 feet (called 192.78 feet) |
---|
1091 | 1099 | | to a set 3/4-inch iron rod (with cap stamped "JonesCarter Property |
---|
1092 | 1100 | | Corner") for the east corner of Lot 14, Block 44 of Hazy Hollow East |
---|
1093 | 1101 | | Estates Section 7 (an unrecorded subdivision) conveyed to Malcom |
---|
1094 | 1102 | | James Johnson by Warranty Deed dated April 5, 1991 and filed for |
---|
1095 | 1103 | | record under Clerk's File No. 9230908 of the Montgomery County |
---|
1096 | 1104 | | Official Public Records of Real Property, a south corner of said |
---|
1097 | 1105 | | 881.183 acres and the herein described tract; |
---|
1098 | 1106 | | THENCE, departing the northwest line of said Mill Creek |
---|
1099 | 1107 | | Forest along the southwest line of said 881.183 acres and the herein |
---|
1100 | 1108 | | described tract the following seven (7) courses and distances: |
---|
1101 | 1109 | | 1. North 47°15'15" West, along the northeast line said Hazy |
---|
1102 | 1110 | | Hollow East Estates Section 7, passing a found 3/8-inch iron rod at |
---|
1103 | 1111 | | 1321.03 feet, 1.17 feet left, passing a found 1/2-inch iron rod at |
---|
1104 | 1112 | | 1429.95 feet, 1.21 feet left, continuing for a total distance of |
---|
1105 | 1113 | | 1755.51 feet to an angle point, from which a found 1/2-inch iron rod |
---|
1106 | 1114 | | bears North 21°27'43" West 4.22 feet; |
---|
1107 | 1115 | | 2. North 47°29'30" West, along the northeast line of said |
---|
1108 | 1116 | | Hazy Hollow East Estates Section 7 and the northeast line of Hazy |
---|
1109 | 1117 | | Hollow East Estates Section 4 (an unrecorded subdivision), passing |
---|
1110 | 1118 | | a found 3/8-inch iron rod at 393.30 feet, 1.24 feet right, |
---|
1111 | 1119 | | continuing for a total distance of 711.72 feet to a point; |
---|
1112 | 1120 | | 3. North 47°20'39" West, along the northeast line of Hazy |
---|
1113 | 1121 | | Hollow East Estates Section 10 (an unrecorded subdivision), passing |
---|
1114 | 1122 | | a found 3/8-inch iron rod at 126.64 feet, 2.16 feet right, passing a |
---|
1115 | 1123 | | found 3/8-inch iron rod at 375.33 feet, 1.09 feet right, passing a |
---|
1116 | 1124 | | found 3/8-inch iron rod at 499.77 feet, 0.63 feet right, continuing |
---|
1117 | 1125 | | for a total distance of 527.41 feet to a point; |
---|
1118 | 1126 | | 4. North 47°17'20" West, along the northeast line of said |
---|
1119 | 1127 | | Hazy Hollow East Estates Section 10, passing a found 5/8-inch iron |
---|
1120 | 1128 | | rod at 96.90 feet, 0.38 feet right, a found 1/2-inch iron rod (bent) |
---|
1121 | 1129 | | at 289.53 feet, a found 3/8-inch iron rod at 422.16 feet, 0.24 feet |
---|
1122 | 1130 | | right, a found 1/2-inch iron rod at 554.92 feet, a found 5/8-inch |
---|
1123 | 1131 | | iron rod at 687.54 feet, a found 3/8-inch iron rod at 1116.06 feet, |
---|
1124 | 1132 | | 0.31 feet left, a found 3/8-inch iron rod at 1239.11 feet, 0.41 feet |
---|
1125 | 1133 | | left, a found 3/8-inch iron rod at 1484.87 feet, 0.98 feet left, a |
---|
1126 | 1134 | | found 3/8-inch iron rod at 1608.04 feet, 1.32 feet left, a found |
---|
1127 | 1135 | | 3/8-inch iron rod at 1731.04 feet, 1.21 feet left, a found 3/8-inch |
---|
1128 | 1136 | | iron rod at 1854.08 feet, 0.55 feet left, a found 5/8-inch square |
---|
1129 | 1137 | | iron bar at 1977.47 feet, 0.11 feet right, a found 5/8-inch square |
---|
1130 | 1138 | | iron bar at 2037.11 feet, 0.36 feet right, a found 3/8-inch iron rod |
---|
1131 | 1139 | | at 2159.55 feet, 1.03 feet right, a found 1/2-inch iron rod (with |
---|
1132 | 1140 | | cap stamped "C&C Surveying") at 2282.80 feet, 0.18 feet right, a |
---|
1133 | 1141 | | found 1/2-inch iron rod (with cap stamped "C&C Surveying") at |
---|
1134 | 1142 | | 2405.70 feet, and a found 3/8-inch iron rod at 2897.75 feet, 0.13 |
---|
1135 | 1143 | | feet right, continuing for a total distance of 3015.29 feet to a |
---|
1136 | 1144 | | point; |
---|
1137 | 1145 | | 5. North 47°22'30" West, along the northeast line of Hazy |
---|
1138 | 1146 | | Hollow East Estates Section 11 (an unrecorded subdivision), passing |
---|
1139 | 1147 | | a found 3/8-inch iron rod at 5.37 feet, 2.20 feet left, a found |
---|
1140 | 1148 | | 3/8-inch iron rod at 128.11 feet, 3.14 feet left, a found 3/8-inch |
---|
1141 | 1149 | | iron rod at 251.00 feet, 3.59 feet left, a found 3/8-inch iron rod |
---|
1142 | 1150 | | at 373.97 feet, 3.79 feet left, a found 3/8-inch iron rod at 496.74 |
---|
1143 | 1151 | | feet, 3.70 feet left, a found 3/8-inch iron rod at 619.44 feet, 3.76 |
---|
1144 | 1152 | | feet left, a found 3/8-inch iron rod at 743.26 feet, 1.81 feet |
---|
1145 | 1153 | | left, and a found 3/8-inch iron rod at 988.51 feet, 0.13 feet left, |
---|
1146 | 1154 | | continuing for a total distance of 1784.65 feet to a found 1/2-inch |
---|
1147 | 1155 | | iron rod for the north corner of said Hazy Hollow East Estates |
---|
1148 | 1156 | | Section 11 and the east corner of Greentree Forest Estates (an |
---|
1149 | 1157 | | unrecorded subdivision); |
---|
1150 | 1158 | | 6. North 47°01'59" West, along the northeast line of said |
---|
1151 | 1159 | | Greentree Forest Estates, passing a found 1/2-inch iron rod at |
---|
1152 | 1160 | | 354.40 feet, passing a found 5/8-inch iron rod at 414.22 feet, |
---|
1153 | 1161 | | continuing for a total distance of 498.04 feet to a found 3-1/2-inch |
---|
1154 | 1162 | | iron pipe; |
---|
1155 | 1163 | | 7. North 47°36'37" West, 270.64 feet (called 270.76 feet) to |
---|
1156 | 1164 | | the POINT OF BEGINNING, CONTAINING 842.23 acres of land in |
---|
1157 | 1165 | | Montgomery County, Texas, as shown on drawing number 9630-A. |
---|
1158 | 1166 | | SECTION 3. (a) The legal notice of the intention to |
---|
1159 | 1167 | | introduce this Act, setting forth the general substance of this |
---|
1160 | 1168 | | Act, has been published as provided by law, and the notice and a |
---|
1161 | 1169 | | copy of this Act have been furnished to all persons, agencies, |
---|
1162 | 1170 | | officials, or entities to which they are required to be furnished |
---|
1163 | 1171 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
1164 | 1172 | | Government Code. |
---|
1165 | 1173 | | (b) The governor, one of the required recipients, has |
---|
1166 | 1174 | | submitted the notice and Act to the Texas Commission on |
---|
1167 | 1175 | | Environmental Quality. |
---|
1168 | 1176 | | (c) The Texas Commission on Environmental Quality has filed |
---|
1169 | 1177 | | its recommendations relating to this Act with the governor, |
---|
1170 | 1178 | | lieutenant governor, and speaker of the house of representatives |
---|
1171 | 1179 | | within the required time. |
---|
1172 | 1180 | | (d) All requirements of the constitution and laws of this |
---|
1173 | 1181 | | state and the rules and procedures of the legislature with respect |
---|
1174 | 1182 | | to the notice, introduction, and passage of this Act have been |
---|
1175 | 1183 | | fulfilled and accomplished. |
---|
1176 | 1184 | | SECTION 4. This Act takes effect immediately if it receives |
---|
1177 | 1185 | | a vote of two-thirds of all the members elected to each house, as |
---|
1178 | 1186 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
1179 | 1187 | | Act does not receive the vote necessary for immediate effect, this |
---|
1180 | 1188 | | Act takes effect September 1, 2019. |
---|