1 | 1 | | H.B. No. 5325 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the boundaries of the Fort Bend County Municipal |
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6 | 6 | | Utility District No. 144. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. DEFINITION. In this Act, "district" means the |
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9 | 9 | | Fort Bend County Municipal Utility District No. 144. |
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10 | 10 | | SECTION 2. EXCLUSION OF TERRITORY. The boundaries of the |
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11 | 11 | | district are adjusted to exclude the following parcel of land: |
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12 | 12 | | 35.460 acres of land situated in the Wm. Lusk Survey, |
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13 | 13 | | Abstract 276, Fort Bend County, Texas, being that certain called |
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14 | 14 | | 35.46-acre tract of land as described in deed and recorded in the |
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15 | 15 | | Official Public Records of Real Property of Fort Bend County, Texas |
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16 | 16 | | under County Clerk's File Number 2003148301, said 35.460 acres of |
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17 | 17 | | land being more particularly described by metes and bounds as |
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18 | 18 | | follows, bearing orientation is based on the Texas Coordinate |
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19 | 19 | | System of 1983, South Central Zone: |
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20 | 20 | | COMMENCING at a P.K. nail found at the northeasterly corner |
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21 | 21 | | of the Wm. Lusk Survey, Abstract 276, being the southeasterly |
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22 | 22 | | corner of the Jane H. Long Survey, Abstract 55 and being in the |
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23 | 23 | | northwesterly line of the Wiley Martin Survey, Abstract 56; |
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24 | 24 | | Thence, N 67'42'50" W, with the common line of the Wm. Lusk |
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25 | 25 | | and Jane H. Long Surveys, a distance of 2765.00 feet to a 5/8-inch |
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26 | 26 | | iron rod with cap set for the POINT OF BEGINNING of the herein |
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27 | 27 | | described tract; |
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28 | 28 | | Thence, S 22'17'36" W, with the northwesterly line of that |
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29 | 29 | | certain called 3.42-acre tract of land as described in deed and |
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30 | 30 | | recorded In the Official Public Records of Real Property of Fort |
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31 | 31 | | Bend County, Texas under County Clerk's File Number 9722217, a |
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32 | 32 | | distance of 261.42 feet to a point in the northerly right-of-way |
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33 | 33 | | line of F.M. 762 (based on a width of 100.00 feet), from which a |
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34 | 34 | | found 3/4 inch iron pipe bears N 29°32' E, a distance of 0.4 feet; |
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35 | 35 | | Thence, N 83'10'49" W, with the northerly right-of-way line |
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36 | 36 | | of F.M. 762, a distance of 858.67 feet to a 3/4-inch iron pipe found |
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37 | 37 | | for a point of curvature to the right; |
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38 | 38 | | Thence in a northwesterly direction along the northeasterly |
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39 | 39 | | right-of-way line of F.M. 762 with said curve to the right, having a |
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40 | 40 | | central angle of 19'38'05', a radius of 5670.00 feet, an arc length |
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41 | 41 | | of 1943.07 feet and having a chord bearing of N 73°21'47' W, a |
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42 | 42 | | distance of 1933.57 feet to a 3/4 inch iron pipe found In the |
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43 | 43 | | southeasterly line of the Robert E. Hardy Survey, Abstract 187; |
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44 | 44 | | Thence, N 22°22'55" E, with the southeasterly line of the |
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45 | 45 | | Robert E. Hardy Survey, a distance of 680.74 feet to a 3/4 Inch iron |
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46 | 46 | | pipe found in the southwesterly line of the Jane H. Long Survey; |
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47 | 47 | | Thence, S 67°42'50" E, with the southwesterly line of the Jane |
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48 | 48 | | H. Long Survey, a distance of 2750.66 feet to the POINT OF BEGINNING |
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49 | 49 | | and containing 35.460 acres of land. |
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50 | 50 | | SECTION 3. RIGHTS OF BONDHOLDERS. The exclusion of |
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51 | 51 | | property under this Act does not diminish or impair the rights of |
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52 | 52 | | the holders of any outstanding and unpaid bonds, warrants, or other |
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53 | 53 | | certificates of indebtedness of the district. |
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54 | 54 | | SECTION 4. APPORTIONMENT OF DISTRICT INDEBTEDNESS. (a) |
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55 | 55 | | The excluded property is not released from the payment of its pro |
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56 | 56 | | rata share of the district's indebtedness. |
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57 | 57 | | (b) The district shall continue to levy taxes each year on |
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58 | 58 | | the property excluded from the district at the same rate levied on |
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59 | 59 | | other property of the district until the taxes collected from the |
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60 | 60 | | excluded property equal the property's pro rata share of the |
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61 | 61 | | indebtedness of the district on the effective date of this Act. The |
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62 | 62 | | taxes collected shall be applied exclusively to the payment of the |
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63 | 63 | | excluded property's pro rata share of the indebtedness. |
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64 | 64 | | (c) The owner of any part of the excluded property at any |
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65 | 65 | | time may pay in full the owner's share of the pro rata share of the |
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66 | 66 | | indebtedness of the district. The district may apply all or a |
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67 | 67 | | portion of funds previously paid or advanced to the district by an |
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68 | 68 | | owner of any part of the excluded property toward the payment of the |
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69 | 69 | | owner's pro rata share of the indebtedness of the district. |
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70 | 70 | | SECTION 5. NOTICE. (a) The legal notice of the intention |
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71 | 71 | | to introduce this Act, setting forth the general substance of this |
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72 | 72 | | Act, has been published as provided by law, and the notice and a |
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73 | 73 | | copy of this Act have been furnished to all persons, agencies, |
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74 | 74 | | officials, or entities to which they are required to be furnished |
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75 | 75 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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76 | 76 | | Government Code. |
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77 | 77 | | (b) The governor, one of the required recipients, has |
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78 | 78 | | submitted the notice and Act to the Texas Commission on |
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79 | 79 | | Environmental Quality. |
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80 | 80 | | (c) The Texas Commission on Environmental Quality has filed |
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81 | 81 | | its recommendations relating to this Act with the governor, the |
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82 | 82 | | lieutenant governor, and the speaker of the house of |
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83 | 83 | | representatives within the required time. |
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84 | 84 | | (d) All requirements of the constitution and laws of this |
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85 | 85 | | state and the rules and procedures of the legislature with respect |
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86 | 86 | | to the notice, introduction, and passage of this Act are fulfilled |
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87 | 87 | | and accomplished. |
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88 | 88 | | SECTION 6. EFFECTIVE DATE. This Act takes effect |
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89 | 89 | | immediately if it receives a vote of two-thirds of all the members |
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90 | 90 | | elected to each house, as provided by Section 39, Article III, Texas |
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91 | 91 | | Constitution. If this Act does not receive the vote necessary for |
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92 | 92 | | immediate effect, this Act takes effect September 1, 2023. |
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93 | 93 | | ______________________________ ______________________________ |
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94 | 94 | | President of the Senate Speaker of the House |
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95 | 95 | | I certify that H.B. No. 5325 was passed by the House on May 2, |
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96 | 96 | | 2023, by the following vote: Yeas 116, Nays 28, 3 present, not |
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97 | 97 | | voting. |
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98 | 98 | | ______________________________ |
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99 | 99 | | Chief Clerk of the House |
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100 | 100 | | I certify that H.B. No. 5325 was passed by the Senate on May |
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101 | 101 | | 17, 2023, by the following vote: Yeas 29, Nays 2. |
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102 | 102 | | ______________________________ |
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103 | 103 | | Secretary of the Senate |
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104 | 104 | | APPROVED: _____________________ |
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105 | 105 | | Date |
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106 | 106 | | _____________________ |
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107 | 107 | | Governor |
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