65 | 61 | | (b) Except as provided by Section 8379.0202, directors |
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66 | 62 | | serve staggered four-year terms. |
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67 | 63 | | Sec. 8379.0202. TEMPORARY DIRECTORS. (a) On or after the |
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68 | 64 | | effective date of the Act enacting this chapter, the owner or owners |
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69 | 65 | | of a majority of the assessed value of the real property in the |
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70 | 66 | | district may submit a petition to the commission requesting that |
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71 | 67 | | the commission appoint as temporary directors the five persons |
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72 | 68 | | named in the petition. The commission shall appoint as temporary |
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73 | 69 | | directors the five persons named in the petition. |
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74 | 70 | | (b) Temporary directors serve until the earlier of: |
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75 | 71 | | (1) the date permanent directors are elected under |
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76 | 72 | | Section 8379.0103; or |
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77 | 73 | | (2) the fourth anniversary of the effective date of |
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78 | 74 | | the Act enacting this chapter. |
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79 | 75 | | (c) If permanent directors have not been elected under |
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80 | 76 | | Section 8379.0103 and the terms of the temporary directors have |
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81 | 77 | | expired, successor temporary directors shall be appointed or |
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82 | 78 | | reappointed as provided by Subsection (d) to serve terms that |
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83 | 79 | | expire on the earlier of: |
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84 | 80 | | (1) the date permanent directors are elected under |
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85 | 81 | | Section 8379.0103; or |
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86 | 82 | | (2) the fourth anniversary of the date of the |
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87 | 83 | | appointment or reappointment. |
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88 | 84 | | (d) If Subsection (c) applies, the owner or owners of a |
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89 | 85 | | majority of the assessed value of the real property in the district |
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90 | 86 | | may submit a petition to the commission requesting that the |
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91 | 87 | | commission appoint as successor temporary directors the five |
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92 | 88 | | persons named in the petition. The commission shall appoint as |
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93 | 89 | | successor temporary directors the five persons named in the |
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94 | 90 | | petition. |
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95 | 91 | | SUBCHAPTER C. POWERS AND DUTIES |
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96 | 92 | | Sec. 8379.0301. GENERAL POWERS AND DUTIES. The district |
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97 | 93 | | has the powers and duties necessary to accomplish the purposes for |
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98 | 94 | | which the district is created. |
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99 | 95 | | Sec. 8379.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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100 | 96 | | DUTIES. The district has the powers and duties provided by the |
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101 | 97 | | general law of this state, including Chapters 49 and 54, Water Code, |
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102 | 98 | | applicable to municipal utility districts created under Section 59, |
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103 | 99 | | Article XVI, Texas Constitution. |
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104 | 100 | | Sec. 8379.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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105 | 101 | | 52, Article III, Texas Constitution, the district may design, |
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106 | 102 | | acquire, construct, finance, issue bonds for, improve, operate, |
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107 | 103 | | maintain, and convey to this state, a county, or a municipality for |
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108 | 104 | | operation and maintenance macadamized, graveled, or paved roads, or |
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109 | 105 | | improvements, including storm drainage, in aid of those roads. |
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110 | 106 | | Sec. 8379.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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111 | 107 | | road project must meet all applicable construction standards, |
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112 | 108 | | zoning and subdivision requirements, and regulations of each |
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113 | 109 | | municipality in whose corporate limits or extraterritorial |
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114 | 110 | | jurisdiction the road project is located. |
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115 | 111 | | (b) If a road project is not located in the corporate limits |
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116 | 112 | | or extraterritorial jurisdiction of a municipality, the road |
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117 | 113 | | project must meet all applicable construction standards, |
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118 | 114 | | subdivision requirements, and regulations of each county in which |
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119 | 115 | | the road project is located. |
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120 | 116 | | (c) If the state will maintain and operate the road, the |
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121 | 117 | | Texas Transportation Commission must approve the plans and |
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122 | 118 | | specifications of the road project. |
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123 | 119 | | Sec. 8379.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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124 | 120 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
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125 | 121 | | applicable requirements of any ordinance or resolution that is |
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126 | 122 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
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127 | 123 | | consents to the creation of the district or to the inclusion of land |
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128 | 124 | | in the district. |
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177 | 173 | | obligations secured by: |
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178 | 174 | | (1) revenue other than ad valorem taxes; or |
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179 | 175 | | (2) contract payments described by Section 8379.0403. |
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180 | 176 | | (b) The district must hold an election in the manner |
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181 | 177 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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182 | 178 | | before the district may impose an ad valorem tax or issue bonds |
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183 | 179 | | payable from ad valorem taxes. |
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184 | 180 | | (c) The district may not issue bonds payable from ad valorem |
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185 | 181 | | taxes to finance a road project unless the issuance is approved by a |
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186 | 182 | | vote of a two-thirds majority of the district voters voting at an |
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187 | 183 | | election held for that purpose. |
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188 | 184 | | Sec. 8379.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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189 | 185 | | authorized at an election held under Section 8379.0401, the |
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190 | 186 | | district may impose an operation and maintenance tax on taxable |
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191 | 187 | | property in the district in accordance with Section 49.107, Water |
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192 | 188 | | Code. |
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193 | 189 | | (b) The board shall determine the tax rate. The rate may not |
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194 | 190 | | exceed the rate approved at the election. |
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195 | 191 | | Sec. 8379.0403. CONTRACT TAXES. (a) In accordance with |
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196 | 192 | | Section 49.108, Water Code, the district may impose a tax other than |
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197 | 193 | | an operation and maintenance tax and use the revenue derived from |
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198 | 194 | | the tax to make payments under a contract after the provisions of |
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199 | 195 | | the contract have been approved by a majority of the district voters |
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200 | 196 | | voting at an election held for that purpose. |
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201 | 197 | | (b) A contract approved by the district voters may contain a |
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202 | 198 | | provision stating that the contract may be modified or amended by |
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203 | 199 | | the board without further voter approval. |
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204 | 200 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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205 | 201 | | Sec. 8379.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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206 | 202 | | OBLIGATIONS. The district may issue bonds or other obligations |
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207 | 203 | | payable wholly or partly from ad valorem taxes, impact fees, |
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208 | 204 | | revenue, contract payments, grants, or other district money, or any |
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209 | 205 | | combination of those sources, to pay for any authorized district |
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210 | 206 | | purpose. |
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211 | 207 | | Sec. 8379.0502. TAXES FOR BONDS. At the time the district |
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212 | 208 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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213 | 209 | | board shall provide for the annual imposition of a continuing |
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214 | 210 | | direct ad valorem tax, without limit as to rate or amount, while all |
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215 | 211 | | or part of the bonds are outstanding as required and in the manner |
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216 | 212 | | provided by Sections 54.601 and 54.602, Water Code. |
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217 | 213 | | Sec. 8379.0503. BONDS FOR ROAD PROJECTS. At the time of |
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218 | 214 | | issuance, the total principal amount of bonds or other obligations |
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219 | 215 | | issued or incurred to finance road projects and payable from ad |
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220 | 216 | | valorem taxes may not exceed one-fourth of the assessed value of the |
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221 | 217 | | real property in the district. |
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222 | 218 | | SECTION 2. The Brazoria County Municipal Utility District |
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223 | 219 | | No. 77 initially includes all the territory contained in the |
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224 | 220 | | following area: |
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225 | 221 | | BEING A 705.269 ACRE TRACT OF LAND OUT OF THE CHESTER GORBET |
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226 | 222 | | SURVEY, ABSTRACT NO. 64, THE H.T. & B. RR., SECTION 5, ABSTRACT NO. |
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227 | 223 | | 235 AND THE H.T. & B. RR., SECTION 43, ABSTRACT 256, BRAZORIA |
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228 | 224 | | COUNTY, TEXAS; SAID 705.269 ACRE TRACT OF LAND BEING OUT OF AND A |
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229 | 225 | | PART OF A TRACT OF LAND CONVEYED TO AA SHARP INVESTMENTS, LTD., AS |
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230 | 226 | | DESCRIBED IN DEED RECORDED UNDER COUNTY CLERK'S FILE NO. 2007068904 |
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231 | 227 | | OF THE OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY, TEXAS, SAID |
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232 | 228 | | 705.269 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY |
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233 | 229 | | METES AND BOUNDS IN FOUR TRACTS OF LAND AS FOLLOWS: |
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234 | 230 | | TRACT 1: |
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235 | 231 | | BEGINNING at the southern "cut back" corner of State Highway |
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236 | 232 | | 288 west right-of-way line and the north right-of-way line of |
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237 | 233 | | County Road 60; |
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238 | 234 | | THENCE, South 87°06'10" West, 150.29 feet along the north line |
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239 | 235 | | of said County Road 60 to an interior corner of the herein described |
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240 | 236 | | tract; |
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241 | 237 | | THENCE, South 02°53'50" East, 60.00 feet to the centerline of |
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242 | 238 | | said County Road 60 for a point of corner; |
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243 | 239 | | THENCE, in a westerly direction along the south line of the |
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244 | 240 | | herein tract as follow: |
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245 | 241 | | THENCE, South 87°23'21" West, 3589.69 feet along the |
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246 | 242 | | centerline of said County Road 60 to the centerline of County Road |
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247 | 243 | | 48 for a point for corner; |
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248 | 244 | | THENCE, South 02°30'30" East, 1045.03 feet along the |
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249 | 245 | | centerline of said County Road 48 to an angle point for corner; |
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250 | 246 | | THENCE, South 87°23'00" West, 3786.31 feet to the Southwest |
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251 | 247 | | corner of the herein described tract; |
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252 | 248 | | THENCE, in a northerly direction along the west line of the |
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253 | 249 | | herein tract as follow: |
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254 | 250 | | THENCE, North 02°48'42" West, 1309.92 feet to an interior |
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255 | 251 | | corner; |
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256 | 252 | | THENCE, South 87°04'08" West, 484.20 feet to an angle point |
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257 | 253 | | for corner; |
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258 | 254 | | THENCE, North 03°21'02" West, 1884.72 feet to the Northwest |
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259 | 255 | | corner of the herein described tract; |
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260 | 256 | | THENCE, in an easterly direction along the north line of the |
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261 | 257 | | herein tract as follow: |
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262 | 258 | | THENCE, North 87°22'55" East, 2011.99 feet to an angle point |
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263 | 259 | | for corner; |
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264 | 260 | | THENCE, South 02°37'05" East, 1078.95 feet to an interior |
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265 | 261 | | corner; |
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266 | 262 | | THENCE, North 87°22'55" East, 2051.99 feet to the centerline |
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267 | 263 | | of said County Road 48 for a point for corner; |
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268 | 264 | | THENCE, North 15°20'43" West, 1106.13 feet along the |
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269 | 265 | | centerline of said County Road 48 to an angle point for corner; |
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270 | 266 | | THENCE, North 87°22'55" East, 5022.48 feet to the Northeast |
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271 | 267 | | corner of the herein described tract and being in the west |
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272 | 268 | | right-of-way line of said State Highway 288 to a point for corner; |
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273 | 269 | | THENCE, in a southeasterly direction along the west line of |
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274 | 270 | | said State Highway 288 as follows: |
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275 | 271 | | THENCE, South 02°37'30" East, 313.81 feet to a point for |
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276 | 272 | | corner; |
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277 | 273 | | THENCE, South 01°22'30" West, 548.62 feet to the beginning of |
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278 | 274 | | a curve to the right; |
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279 | 275 | | THENCE, along the arc of said curve to the right, having a |
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280 | 276 | | chord of South 24°37'30" West, 822.44 feet, a radius of 1041.74 |
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281 | 277 | | feet, and a central angle of 46°30'00", a distance of 845.45 feet to |
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282 | 278 | | a point for corner; |
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283 | 279 | | THENCE, South 47°52'30" West, 220.75 feet to the beginning of |
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284 | 280 | | a curve to the left; |
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285 | 281 | | THENCE, along the arc of said curve to the left, having a |
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286 | 282 | | chord of South 25°48'15" West, 345.34 feet, a radius of 485.37 feet, |
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287 | 283 | | and a central angle of 41°40'43", a distance of 353.07 feet to a "cut |
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288 | 284 | | back" corner; |
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289 | 285 | | THENCE, South 43°48'16" West, 72.77 feet to the PLACE OF |
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290 | 286 | | BEGINNING; containing 463.725 acres of land, more or less. |
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291 | 287 | | TRACT 2: |
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292 | 288 | | BEGINNING at the southeast corner of the herein described |
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293 | 289 | | tract and being on the south line of said Chester Gorbet Survey and |
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294 | 290 | | the west right-of-way line of State Highway 288; |
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295 | 291 | | THENCE, South 87°22'55" West, 331.99 feet along the south line |
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296 | 292 | | of said Gorbet Survey to the Southwest corner of the herein |
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297 | 293 | | described tract; |
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298 | 294 | | THENCE, North 02°37'05" West, 1465.62 feet along the west line |
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299 | 295 | | of this tract to the Northwest corner of the herein described tract |
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300 | 296 | | and being the beginning of a non-tangent curve to the right, said |
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301 | 297 | | point being in the west line of said State Highway 288; |
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302 | 298 | | THENCE, in a southeasterly direction along the west line of |
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303 | 299 | | said State Highway 288 as follow: |
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304 | 300 | | THENCE, along the arc of said curve to the right, having a |
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305 | 301 | | chord of South 33°01'25" East, 272.09 feet, a radius of 1273.24 |
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306 | 302 | | feet, and a central angle of 12°16'03", a distance of 272.61 feet to |
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307 | 303 | | a point for corner; |
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308 | 304 | | THENCE, North 63°06'36" East, 120.51 feet to the beginning of |
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309 | 305 | | a non-tangent curve to the right; |
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310 | 306 | | THENCE, along the arc of said curve to the right, having a |
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311 | 307 | | chord of South 13°57'24" East, 428.87 feet, a radius of 1091.35 |
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312 | 308 | | feet, and a central angle of 22°39'47", a distance of 431.68 feet to |
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313 | 309 | | a point for corner; |
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314 | 310 | | THENCE, South 02°37'30" East, 859.99 feet to the PLACE OF |
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315 | 311 | | BEGINNING; containing 9.672 acres of land, more or less. |
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316 | 312 | | TRACT 3: |
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317 | 313 | | BEGINNING at the northern "cut back" corner of State Highway |
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318 | 314 | | 288 east right-of-way line and the south right-of-way line of |
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319 | 315 | | County Road 60; |
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320 | 316 | | THENCE, North 87°06'10" East, 217.49 feet along the south |
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321 | 317 | | right-of-way line of said County Road 60 to the Northeast corner of |
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322 | 318 | | the herein described tract; |
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323 | 319 | | THENCE, South 02°37'05" East, 2087.18 feet along the east line |
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324 | 320 | | to the Southeast corner of the herein described tract; |
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325 | 321 | | THENCE, South 87°22'55" West, 1019.22 feet along the south |
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326 | 322 | | line to the Southwest corner of the herein described tract; said |
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327 | 323 | | point being in the east right-of-way line of said State Highway 288; |
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328 | 324 | | THENCE, in a northerly direction along the east line of said |
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329 | 325 | | State Highway 288 as follow: |
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330 | 326 | | THENCE, North 02°37'35" West, 313.22 feet to an angle point |
---|
331 | 327 | | for corner; |
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332 | 328 | | THENCE, North 01°22'30" East, 548.47 feet to the beginning of |
---|
333 | 329 | | a curve to the right; |
---|
334 | 330 | | THENCE, along the arc of said curve to the right, having a |
---|
335 | 331 | | chord of North 24°37'30" East, 822.72, a radius of 1041.74 feet, and |
---|
336 | 332 | | a central angle of 46°31'00", a distance of 845.76 feet to a point |
---|
337 | 333 | | for corner; |
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338 | 334 | | THENCE, North 47°52'30" East, 220.52 feet to the beginning of |
---|
339 | 335 | | a curve to the left; |
---|
340 | 336 | | THENCE, along the arc of said curve to the left, having a |
---|
341 | 337 | | chord of North 25°45'18" East, 345.34, a radius of 458.37 feet, and a |
---|
342 | 338 | | central angle of 44°15'34", a distance of 354.08 feet to a point for |
---|
343 | 339 | | corner; |
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344 | 340 | | THENCE, North 43°48'11" East, 72.77 feet to the PLACE OF |
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345 | 341 | | BEGINNING; containing 38.512 acres of land, more or less. |
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346 | 342 | | TRACT 4: |
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347 | 343 | | BEGINNING at the southern "cut back" corner of State Highway |
---|
348 | 344 | | 288 east right-of-way line and the north right-of-way line of |
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349 | 345 | | County Road 60; |
---|
350 | 346 | | THENCE, in a northeasterly direction along the east line of |
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351 | 347 | | said State Highway 288 as follow: |
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352 | 348 | | THENCE, North 49°19'36" West, 78.78 feet to the beginning of a |
---|
353 | 349 | | non-tangent curve to the left; |
---|
354 | 350 | | THENCE, along the arc of said curve to the left, having a |
---|
355 | 351 | | chord of North 31°22'42" West, 339.80, a radius of 458.37 feet, and a |
---|
356 | 352 | | central angle of 43°30'46", a distance of 348.11 feet to a point for |
---|
357 | 353 | | corner; |
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358 | 354 | | THENCE, North 53°07'30" West, 54.27 feet to the beginning of a |
---|
359 | 355 | | curve to the right; |
---|
360 | 356 | | THENCE, along the arc of said curve to the right, having a |
---|
361 | 357 | | chord of North 32°52'30" West, 881.38, a radius of 1273.24 feet, and |
---|
362 | 358 | | a central angle of 40°30'00", a distance of 900.00 feet to a point |
---|
363 | 359 | | for corner; |
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364 | 360 | | THENCE, North 12°37'30" West, 571.47 feet to a point for |
---|
365 | 361 | | corner; |
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366 | 362 | | THENCE, North 02°37'30" West, 364.45 feet to the Northwest |
---|
367 | 363 | | corner of the herein described tract; |
---|
368 | 364 | | THENCE, in an easterly direction along the north line of the |
---|
369 | 365 | | herein tract as follow: |
---|
370 | 366 | | THENCE, North 87°22'55" West, 1025.00 feet to an interior |
---|
371 | 367 | | corner; |
---|
372 | 368 | | THENCE, North 02°37'05" West, 438.06 feet to an angle point |
---|
373 | 369 | | for corner; |
---|
374 | 370 | | THENCE, North 87°22'55" East, 534.76 feet to an angle point |
---|
375 | 371 | | for corner; |
---|
376 | 372 | | THENCE, South 02°37'05" East, 23.06 feet to an interior |
---|
377 | 373 | | corner; |
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378 | 374 | | THENCE, North 87°22'55" East, 1853.42 feet to an exterior |
---|
379 | 375 | | corner; |
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380 | 376 | | THENCE, South 02°37'05" East, 893.97 feet to an interior |
---|
381 | 377 | | corner; |
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382 | 378 | | THENCE, North 87°07'26" East, 2710.71 feet to an exterior |
---|
383 | 379 | | corner; |
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384 | 380 | | THENCE, South 02°52'34" East, 1692.20 feet to the Southeast |
---|
385 | 381 | | corner of the herein described tract and being in the centerline of |
---|
386 | 382 | | said County Road 60 for a point for corner; |
---|
387 | 383 | | THENCE, in a westerly direction along the south line of the |
---|
388 | 384 | | herein tract as follow: |
---|
389 | 385 | | THENCE, South 87°10'14" West, 923.16 feet along the |
---|
390 | 386 | | centerline of said County Road 60 to an angle point for corner; |
---|
391 | 387 | | THENCE, North 02°52'34" West, 947.37 feet along the |
---|
392 | 388 | | centerline of County Road 65 to an angle point for corner; |
---|
393 | 389 | | THENCE, South 87°22'55" West, 4180.39 feet to an interior |
---|
394 | 390 | | corner; |
---|
395 | 391 | | THENCE, South 02°37'05" East, 858.91 feet to the north line of |
---|
396 | 392 | | said County Road 60; |
---|
397 | 393 | | THENCE, South 87°06'10" West, 217.50 feet to the POINT OF |
---|
398 | 394 | | BEGINNING and containing 193.360 acres of land; more or less, for a |
---|
399 | 395 | | TOTAL ACREAGE of 705.269 ACRES. |
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400 | 396 | | SECTION 3. (a) The legal notice of the intention to |
---|
401 | 397 | | introduce this Act, setting forth the general substance of this |
---|
402 | 398 | | Act, has been published as provided by law, and the notice and a |
---|
403 | 399 | | copy of this Act have been furnished to all persons, agencies, |
---|
404 | 400 | | officials, or entities to which they are required to be furnished |
---|
405 | 401 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
406 | 402 | | Government Code. |
---|
407 | 403 | | (b) The governor, one of the required recipients, has |
---|
408 | 404 | | submitted the notice and Act to the Texas Commission on |
---|
409 | 405 | | Environmental Quality. |
---|
410 | 406 | | (c) The Texas Commission on Environmental Quality has filed |
---|
411 | 407 | | its recommendations relating to this Act with the governor, the |
---|
412 | 408 | | lieutenant governor, and the speaker of the house of |
---|
413 | 409 | | representatives within the required time. |
---|
414 | 410 | | (d) All requirements of the constitution and laws of this |
---|
415 | 411 | | state and the rules and procedures of the legislature with respect |
---|
416 | 412 | | to the notice, introduction, and passage of this Act are fulfilled |
---|
417 | 413 | | and accomplished. |
---|
418 | 414 | | SECTION 4. (a) If this Act does not receive a two-thirds |
---|
419 | 415 | | vote of all the members elected to each house, Subchapter C, Chapter |
---|
420 | 416 | | 8379, Special District Local Laws Code, as added by Section 1 of |
---|
421 | 417 | | this Act, is amended by adding Section 8379.0307 to read as follows: |
---|
422 | 418 | | Sec. 8379.0307. NO EMINENT DOMAIN POWER. The district may |
---|
423 | 419 | | not exercise the power of eminent domain. |
---|
424 | 420 | | (b) This section is not intended to be an expression of a |
---|
425 | 421 | | legislative interpretation of the requirements of Section 17(c), |
---|
426 | 422 | | Article I, Texas Constitution. |
---|
427 | 423 | | SECTION 5. This Act takes effect immediately if it receives |
---|
428 | 424 | | a vote of two-thirds of all the members elected to each house, as |
---|
429 | 425 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
430 | 426 | | Act does not receive the vote necessary for immediate effect, this |
---|
431 | 427 | | Act takes effect September 1, 2019. |
---|