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relating to the creation of the Lakewood Municipal Utility District |
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No. 3; granting a limited power of eminent domain; providing |
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authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8005 to read as follows: |
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CHAPTER 8005. LAKEWOOD MUNICIPAL UTILITY DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8005.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Lakewood Municipal Utility |
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District No. 3. |
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Sec. 8005.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8005.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8005.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8005.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8005.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8005.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8005.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8005.052, directors serve |
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staggered four-year terms. |
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Sec. 8005.052. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2017, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8005.003; or |
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(2) September 1, 2021. |
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(c) If permanent directors have not been elected under |
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Section 8005.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8005.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8005.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8005.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8005.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8005.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8005.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8005.106. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more districts only if: |
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(1) the district has no outstanding bonded debt; |
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(2) the district is not imposing ad valorem taxes; and |
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(3) the requirements of Subsection (i), as applicable, |
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are satisfied. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8005.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name the new district; |
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(2) include the metes and bounds of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the district and each new district. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) A new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8005.003. |
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(i) If the district is located wholly or partly in the |
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corporate limits or the extraterritorial jurisdiction of a |
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municipality, the district may not divide under this section unless |
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the municipality by resolution or ordinance consents to the |
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division of the district. If the district is not located wholly or |
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partly in the corporate limits or extraterritorial jurisdiction of |
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a municipality, the district may not divide under this section |
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unless the commissioners court of each county in which the district |
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is wholly or partly located first adopts a resolution or order in |
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support of the division of the district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8005.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) The district may issue, without an election, bonds and other |
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obligations secured by revenue other than ad valorem taxes. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8005.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8005.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8005.153. WATER AND SEWER RATES. Notwithstanding any |
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other law, the district shall establish the same rates for |
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residential and commercial classes of customers for the provision |
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of water and sewer services. For purposes of this section, the |
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commercial class may not include apartment complexes or other |
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multifamily dwellings. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8005.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8005.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8005.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Lakewood Municipal Utility District No. 3 |
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initially includes all the territory contained in the following |
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area: |
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All bearings, distance and acreages are grid and are |
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referenced to the State Plane Coordinate System, Texas South |
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Central Zone, NAD83, U. S. survey feet. Mapping angle is +01°54'04" |
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and the scale factor is 0.999915022. |
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TRACT I |
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BEGINNING at an iron rod with cap marked `CENTERPOINT ENERGY' found |
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at the northeast corner of a called 102.152 acre tract recorded in |
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Document No. C683627, Deed Records of Harris County, Texas and in |
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the west line of the T.& N.O. Rail Road right of way (variable |
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width). Said iron rod has a State Plane coordinate value of N: |
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13895997.02 and E: 3210310.99. |
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THENCE S 47° 04'28" W with the west line of said Rail Road right of |
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way a distance of 926.77 feet to a point for corner. |
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THENCE continuing with the west line of said Rail Road right of way |
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with the arc of a curve to the left having a chord direction of S 35° |
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23' 19 W, and a radius of 2451.30, a distance of 1101.40 feet to a |
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point for corner. |
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THENCE S 23° 06' 25" W with the west line of said Rail Road right of |
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way a distance of 47.01 feet to a 1/2 inch iron rod with cap |
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marked '5502' set from which a 26" pine marked 'X' bears North 6.5 |
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feet. |
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THENCE S 88°03'39" W with the north line of a called 304.5696 acre |
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tract recorded in Document No. 20130230098 a distance of 2407.13 |
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feet to an iron rod found with cap marked 'RPLS 4615'. |
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THENCE S 87°58'14" W with the north line of the said called 304.5696 |
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acre tract and the south line of the herein described tract a |
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distance of 4489.98 feet to a 1/2 inch iron pipe found from which a |
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28" sweet gum marked 'X' bears N58°W 3 feet. |
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THENCE S 88°10'16" W with the north line of the said 304.5696 acre |
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tract a distance of 3159.89 feet to the left bank of the San Jacinto |
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River on the line of mean higher high water. |
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THENCE up the river with its meanders on the line of mean higher |
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high water: |
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N 31°25'35" W 84.67 feet; |
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N 15°33'56" W 191.85 feet; |
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N 04°38'06" W 258.15 feet; |
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N 14°00'39" W 87.13 feet; |
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N 20°54'29" W 155.32 feet; |
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N 26°38'13" W 215.05 feet; |
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N 39°38'48" W 353.07 feet; |
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N 50°07'18" W 307.76 feet; |
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N 54°25'26" W a distance of 278.56 feet to a point for corner at the |
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southwest corner of said called 102.152 acre tract. |
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THENCE N 88°23'12" E with the south line of the said called 102.152 |
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acre tract and the north line of the herein described tract 9551.32 |
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feet to an iron rod found with blue cap. |
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THENCE N87°53'38"E with the south line said called 102.152 acre |
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tract a distance of 2593.16 feet to 1/2 inch iron rod set with cap |
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marked '5502'. |
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THENCE S 85°24'11" E with the south line of the said called 102.152 |
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acre tract and the north line of the herein described tract a |
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distance of 225.32 feet to the PLACE OF BEGINNING, containing |
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394.12 acres of land. |
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TRACT II |
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BEGINNING at a 1" iron pipe found at the most easterly corner of a |
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called 56.50 acre tract recorded in Volume 1458, Page 1, Deed |
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Records of Harris County, Texas, in the south line of the San |
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Jacinto River Authority East Canal right of way, recorded in Volume |
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1294, Page 256, Deed Records of Harris County, Texas, and at the |
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most northerly northwest corner of this tract, and having a Texas |
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State Plane coordinate value of N: 13902035.22 and E: 3197556.06. |
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THENCE S 58° 23' 02" E with the south line of said San Jacinto River |
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Authority East Canal right of way, and a north line of this tract, a |
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distance of 1,097.21 feet to a 1/2 inch iron rod set with cap marked |
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"SHINE 5502". |
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THENCE continuing with the south line of said San Jacinto River |
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Authority East Canal right of way, and a north line of this tract, |
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with the arc of a curve to the left having a chord direction of S 84° |
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10' 00" E, a radius of 317.72, a distance of 298.83 feet to a 1/2 |
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inch iron rod set with cap marked "SHINE 5502". |
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THENCE N 68° 53' 20" E continuing with the south line of said San |
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Jacinto River Authority East Canal right of way, and a north line of |
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this tract a distance of 1,833.89 feet to a point. |
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THENCE N 72° 25' 46" E continuing with the south line of said San |
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Jacinto River Authority East Canal, and a north line of this tract a |
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distance of 567.07 feet to a 1/2 inch iron rod with cap marked |
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"SHINE 5502" set at the northwest corner of a called 2.866 acre |
|
tract recorded in Harris County Clerk's File E018138. |
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THENCE S 01° 15' 13" E with the west line of said called 2.866 acre |
|
tract a distance of 329.82' to a 1/2 inch iron rod with cap marked |
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"SHINE 5502" set at the southwest corner of said called 2.866 acre |
|
tract. |
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THENCE N 88° 44' 57" E with the south line of said called 2.866 acre |
|
tract, a distance of 330.05 feet to a 1/2 inch iron rod with cap |
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marked "SHINE 5502" set at the southeast corner of said called 2.866 |
|
acre tract. |
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THENCE N 01° 15' 14" W with the east line of said called 2.866 acre |
|
tract a distance of 426.18 feet to a 1/2 inch iron rod with cap |
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marked "SHINE 5502" set at the northeast corner of said called 2.866 |
|
acre tract, in the south line of said San Jacinto River Authority |
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East Canal right of way. |
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THENCE N 72° 28' 26" E continuing with the south line of said San |
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Jacinto River Authority East Canal right of way, and a north line of |
|
this tract a distance of 312.52 feet to a 1/2 inch iron rod with cap |
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marked "SHINE 5502" set at a northerly corner of this tract and the |
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northwest corner of Newport Subdivision, Section 4, a subdivision |
|
recorded in Volume 206, Page 145, Map Records of Harris County, |
|
Texas, from which an iron rod found with cap marked "RUSS AND PARK |
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SURVEYING" bears N 72° 29' 29" E a distance of 167.92 feet. |
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THENCE S 00° 36' 34" E with a west line of said Newport Subdivision, |
|
Section 4, and a northerly east line of this tract a distance of |
|
1,261.04 feet to a 1/2 inch iron rod found at the most westerly |
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southwest corner of said Newport Subdivision, Section 4. |
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THENCE N 89° 29' 03" E with a south line of said Newport Subdivision, |
|
Section 4 and a north line of this tract a distance of 71.96 feet to |
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a 1/2 inch iron rod found at the most southerly northwest corner of |
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a called 9.29 acre tract (Called Tract 6), recorded in Harris County |
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Clerk's File Z432808. |
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THENCE S 18° 57' 14" W with the west line of said called 9.29 acre |
|
tract, passing the southwest corner of said called 9.29 acre tract |
|
and the northwest corner of a called 4.29 acre tract recorded in |
|
File No. T528516, Deed Records of Harris County, Texas, and |
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continuing a total distance of 512.10 feet to 1/2 inch iron rod with |
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cap marked "SHINE 5502" set at the southwest corner of said called |
|
4.29 acre tract. |
|
THENCE S 48° 47' 48" E with the southwest line of said called 4.29 |
|
acre tract a distance of 660.77 feet to a 1/2 inch iron rod found at |
|
the southeast corner of said called 4.29 acre tract in the west line |
|
of Newport Subdivision, Section 2, a subdivision recorded in Volume |
|
195, Page 35, Map Records of Harris County, Texas. |
|
THENCE S 04° 57' 10" W with the west line of said Newport |
|
Subdivision, Section 2, a distance of 1,073.79 feet to a 1/2 inch |
|
iron rod with cap marked "SHINE 5502" set in the south right of way |
|
line of Diamondhead Boulevard (100 feet wide right of way) and at an |
|
interior corner of this tract. |
|
THENCE with the south right of way line of said Diamondhead |
|
Boulevard with the arc of a curve to the left having a chord |
|
direction of N 89° 25' 20" E, a radius of 2,049.25, a distance of |
|
560.15 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set |
|
at the northwest corner of a called 175.61 acre tract recorded in |
|
T528516, Deed Records of Harris County, Texas. |
|
THENCE S 01° 23' 48" E with the west line of said called 175.61 acre |
|
tract a distance of 2,298.34 feet to a 60D nail set at the southwest |
|
corner of said called 175.61 acre tract and an interior corner of |
|
this tract. |
|
THENCE N 88° 30' 12" E with the south line of said called 175.61 acre |
|
tract a distance of 2,983.90 feet to a 1/2 inch iron rod with cap |
|
marked "SHINE 5502" set at the southeast corner of said called |
|
175.61 acre tract. |
|
THENCE with the east line of said called 175.61 acre tract with the |
|
arc of a curve to the right having a chord direction of N 15° 16' 49" |
|
E, a radius of 2,100.00 feet, a distance of 366.97 feet to a 1/2 inch |
|
iron rod set with cap marked "SHINE 5502". |
|
THENCE N 20° 17' 11" E continuing with the east line of said called |
|
175.61 acre tract a distance of 509.92 feet to a 1/2 inch iron rod |
|
set with cap marked "SHINE 5502". |
|
THENCE continuing with the east line of said called 175.61 acre |
|
tract with the arc of a curve to the right having a chord direction |
|
of N 26° 19' 31" E, a radius of 2,100.00 feet, a distance of 440.98 |
|
feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE N 32° 20' 27" E continuing with the east line of said called |
|
175.61 acre tract a distance of 140.56 feet to a 1/2 inch iron rod |
|
set with cap marked "SHINE 5502". |
|
THENCE continuing with the east line of said called 175.61 acre |
|
tract with the arc of a curve to the left having a chord direction of |
|
N 06° 59' 15" E, a radius of 1,200.04 feet, a distance of 949.49 feet |
|
to a 1/2 inch iron rod with cap marked "SHINE 5502" set at the |
|
northeast corner of said called 175.61 acre tract, in the south |
|
right of way of said Diamondhead Boulevard. |
|
THENCE N 75° 17' 09" E with the south right of way line of said |
|
Diamondhead Boulevard, and a north line of this tract, a distance of |
|
769.43 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE continuing with the south right of way line of said |
|
Diamondhead Boulevard with the arc of a curve to the right having a |
|
chord direction of N 77° 44' 32" E, a radius of 1,951.36 feet, a |
|
distance of 167.12 feet to a 1/2 inch iron rod with cap marked |
|
"SHINE 5502" set at the northwest corner of Newport Subdivision, |
|
Section 8, a subdivision recorded in Volume 288, Page 21, Map |
|
Records of Harris County, Texas, and a northeast corner of this |
|
tract. |
|
THENCE S 08° 03' 08" W with a west line of said Newport Subdivision, |
|
Section 8, a distance of 515.74 feet to a 1/2 inch iron rod found. |
|
THENCE S 62° 25' 36" E continuing with the west line of said Newport |
|
Subdivision, Section 8, a distance of 177.89 feet to a 1/2 inch iron |
|
rod found. |
|
THENCE S 36° 39' 06" E continuing with the west line of said Newport |
|
Subdivision, Section 8, a distance of 59.96 feet to a 1/2 inch iron |
|
rod found. |
|
THENCE S 58° 36' 12" E continuing with the west line of said Newport |
|
Subdivision, Section 8, a distance of 96.09 feet to a 1/2 inch iron |
|
rod found at a northerly southwest corner of said Newport |
|
Subdivision, Section 8. |
|
THENCE N 88° 23' 50" E with a northerly south line of said Newport |
|
Subdivision, Section 8, a distance of 51.27 feet to a 1/2 inch iron |
|
rod found at the northwest corner of a called 14.1645 acre tract |
|
recorded in File No. S031457, Deed Records of Harris County, Texas. |
|
THENCE S 02° 21' 10" E with the west line of said called 14.1645 acre |
|
tract a distance of 1,333.31 feet to a 1/2 inch iron rod found at the |
|
southwest corner of said called 14.1645 acre tract, from which a 42" |
|
Sycamore bears N 44° E a distance of 36.60 feet, a 12" corner post |
|
with old barbed wire bears N 04° W a distance of 12.50 feet, and the |
|
north bank of Gum Gully bears South, 26.70 feet. |
|
THENCE N 87° 37' 51" E with the south line of said called 14.1645 |
|
acre tract, passing the |
|
southeast corner of said called 14.1645 acre tract and the |
|
southwest corner of a called 15.1515 acre tract recorded in File |
|
No. 20070632536, Deed Records of Harris County, Texas, a total |
|
distance of 1, 545.45 feet to a 60D Nail found in fence post at the |
|
southeast corner of said called 15.1515 acre tract. |
|
THENCE N 02° 49' 23" W with the west line of said called 15.1515 acre |
|
tract a distance of 326.36 feet to a 1/2 inch iron rod with cap |
|
marked "SHINE 5502" set at a southwest corner of said Newport |
|
Subdivision, Section 8. |
|
THENCE N 88° 16' 59" E with a south line of said Newport Subdivision, |
|
Section 8, and a north line of this tract a distance of 125.02 feet |
|
to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE S 75° 51' 35" E continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
83.64 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE with a west line of said Newport Subdivision, Section 8, and |
|
an east line of this tract with the arc of a curve to the right |
|
having a chord direction of S 10° 15' 26" W, a radius of 250.00 feet, |
|
a distance of 162.32 feet to a 1/2 inch iron rod set with cap marked |
|
"SHINE 5502". |
|
THENCE continuing with a west line of said Newport Subdivision, |
|
Section 8, and an east line of this tract with the arc of a curve to |
|
the left having a chord direction of S 13° 34' 14" W, a radius of |
|
150.00 feet, a distance of 80.05 feet to a 1/2 inch iron rod set with |
|
cap marked "SHINE 5502". |
|
THENCE S 01° 43' 01" E continuing with an east line of said Harris |
|
County Flood Control District drainage easement, a west line of |
|
said Newport Subdivision, Section 8, and an east line of this tract |
|
a distance of 120.00 feet to a 1/2 inch iron rod set with cap marked |
|
"SHINE 5502". |
|
THENCE S 09° 20' 38" W continuing with a west line of said Newport |
|
Subdivision, Section 8, and an east line of this tract a distance of |
|
57.36 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE S 20° 21' 57" W continuing a west line of said Newport |
|
Subdivision, Section 8, and an east line of this tract a distance of |
|
165.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE S 20° 24' 23" E continuing with a west line of said Newport |
|
Subdivision, Section 8, and an east line of this tract a distance of |
|
381.48 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE S 32° 47' 17" E continuing with a west line of said Newport |
|
Subdivision, Section 8, and an east line of this tract a distance of |
|
244.44 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set |
|
at a southwest corner of said Newport Subdivision, Section 8 and an |
|
interior corner of this tract. |
|
THENCE S 81° 16' 59" E with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract a distance of 195.69 feet to |
|
a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE S 04° 41' 04" W continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
30.71 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE S 85° 27' 13" E continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
27.39 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE N 04° 01' 49" E continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
30.29 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE N 08° 43' 00" E continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
207.55 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE S 81° 16' 59" E continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
100.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE S 08° 13' 08" W continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
282.01 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set |
|
at a southerly corner of said Newport Subdivision, Section 8. |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8, a north line of this tract, with the arc of a curve to the |
|
left having a chord direction of N 60° 58' 25" E, a radius of 400.00 |
|
feet, a distance of 195.69 feet to a 1/2 inch iron rod set with cap |
|
marked "SHINE 5502". |
|
THENCE N 46° 57' 29" E continuing with a south line of said Newport |
|
Subdivision, Section 8, and a north line of this tract a distance of |
|
202.17 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract, with the arc of a curve to |
|
the right having a chord direction of N 53° 03' 29" E, a radius of |
|
450.00 feet, a distance of 95.82 feet to a point. |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract with the arc of a curve to |
|
the left having a chord direction of N 45° 33' 29" E, a radius of |
|
400.00 feet, a distance of 189.89 feet to a point. |
|
THENCE N 31° 57' 29" E continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
228.06 feet to a point. |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract, with the arc of a curve to |
|
the right having a chord direction of N 45° 27' 29" E, a radius of |
|
500.00 feet, a distance of 235.62 feet to a 1/2 inch iron rod set |
|
with cap marked "SHINE 5502". |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract, with the arc of a curve to |
|
the left having a chord direction of N 32° 42' 29" E, a radius of |
|
300.00 feet, a distance of 274.89 feet to a 1/2 inch iron rod set |
|
with cap marked "SHINE 5502". |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract with the arc of a curve to |
|
the right having a chord direction of N 14° 31' 50" E, a radius of |
|
500.00 feet, a distance of 140.89 feet to a 1/2 inch iron rod set |
|
with cap marked "SHINE 5502". |
|
THENCE N 57° 42' 31" W continuing with a south line of said Newport |
|
Subdivision, Section 8, and a north line of this tract a distance of |
|
92.28 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE N 32° 17' 29" E continuing with a south line of said Newport |
|
Subdivision, Section 8, and a north line of this tract a distance of |
|
60.00 feet to a 1/2 inch iron rod set with cap marked "SHINE 5502". |
|
THENCE S 57° 42' 31" E continuing with a south line of said Newport |
|
Subdivision, Section 8, and a north line of this tract a distance of |
|
85.49 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set. |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract with the arc of a curve to |
|
the right having a chord direction of N 36° 29' 38" E, a radius of |
|
500.00 feet, a distance of 118.64 feet to a 1/2 inch iron rod set |
|
with cap marked "SHINE 5502". |
|
THENCE N 43° 17' 29" E continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
374.07 feet to a point. |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract with the arc of a curve to |
|
the right having a chord direction of N 52° 47' 29" E, a radius of |
|
600.00 feet, a distance of 198.97 feet to a 1/2 inch iron rod set |
|
with cap marked "SHINE 5502". |
|
THENCE N 62° 17' 29" E continuing with a south line of said Newport |
|
Subdivision, Section 8 and a north line of this tract a distance of |
|
68.45 feet to a point. |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract with the arc of a curve to |
|
the left having a chord direction of N 33° 14' 01" E, a radius of |
|
139.25 feet, a distance of 141.24 feet to a 1/2 inch iron rod set |
|
with cap marked "SHINE 5502". |
|
THENCE continuing with a south line of said Newport Subdivision, |
|
Section 8 and a north line of this tract with the arc of a curve to |
|
the left having a chord direction of N 00° 55' 12" E, a radius of |
|
300.00 feet, a distance of 34.09 feet to a 1/2 inch iron rod with cap |
|
marked "SHINE 5502" set at the southerly southeast corner of said |
|
Newport Subdivision, Section 8 and in the west line of The City of |
|
Crosby Town Site, recorded in Volume 7, Page 26, Deed Records of |
|
Harris County, Texas, also being the west line of a tract of land |
|
referenced as "Tract 1" and "Tract 2" recorded in File No. W314743, |
|
Deed Records of Harris County, Texas. |
|
THENCE S 02° 45' 41" E with a west line of said City of Crosby Town |
|
Site, the west line of said called "Tract 1" and "Tract 2", and an |
|
east line of this tract a distance of 229.20 feet to a point in the |
|
centerline of Jackson Bayou. |
|
THENCE with a south line of said City of Crosby Town Site, a south |
|
line of said called "Tract 1" and "Tract 2", a north line of this |
|
tract, along the centerline of said Jackson Bayou the following |
|
bearings and distances: |
|
|
N 65° 32' 07" E |
|
30.32 feet |
|
|
|
N 76° 12' 19" E |
|
10.85 feet |
|
|
|
N 19° 33' 49" E |
|
41.24 feet |
|
|
|
N 40° 05' 08" W |
|
34.88 feet |
|
|
|
N 09° 21' 28" W |
|
46.05 feet |
|
|
|
N 26° 11' 16" E |
|
45.20 feet |
|
|
|
N 60° 33' 12" E |
|
80.04 feet |
|
|
|
N 48° 22' 25" E |
|
110.85 feet |
|
|
|
N 50° 01' 28" E |
|
64.58 feet |
|
|
|
N 78° 38' 48" E |
|
76.53 feet |
|
|
|
N 62° 45' 53" E |
|
42.10 feet |
|
|
|
N 26° 13' 09" E |
|
43.70 feet |
|
|
|
S 17° 27' 48" E |
|
44.35 feet |
|
|
THENCE S 04° 37' 07" E continuing with a south line of said City of |
|
Crosby Town Site, a south line of said called "Tract 1" and "Tract |
|
2", a north line of this tract, along the centerline of said Jackson |
|
Bayou, passing the southerly southeast corner of said called "Tract |
|
1" and "Tract 2", and continuing a total distance of 90.52 feet to a |
|
point. |
|
THENCE continuing with a south line of said City of Crosby Town |
|
Site, a north line of this tract, along the centerline of said |
|
Jackson Bayou the following bearings and distances: |
|
|
S 31° 33' 28"E |
|
19.00 feet |
|
|
|
S 89° 42' 03" E |
|
32.70 feet |
|
|
|
S 65° 08' 41" E |
|
86.19 feet |
|
|
THENCE S 82° 49' 14" E continuing with a south line of said City of |
|
Crosby Town Site, a north line of this tract, along the centerline |
|
of said Jackson Bayou a distance of 54.91 feet to a point at the most |
|
easterly northeast corner of this tract and the northwest corner of |
|
a called 7.6429 acre tract recorded in File No. E429933, Deed |
|
Records of Harris County, Texas. |
|
THENCE S 16° 01' 51" E with the west line of said called 7.6429 acre |
|
tract and the most easterly east line of this tract, at a distance |
|
of 56.24 feet pass a 1/2 inch iron rod with cap marked "SHINE 5502" |
|
set for reference, from which an iron rod with cap marked "PRECISION |
|
SURVEYORS" found at the northeast corner of Lot 1, Block 3, said |
|
City of Crosby Town Site bears N 19° 38' 01" E a distance of 409.41 |
|
feet, an iron rod with cap marked "PRECISION SURVEYORS found in the |
|
east line of said Lot 1, Block 3, City of Crosby Town Site bears N |
|
85° 43' 47" E a distance of 471.48 feet, and continuing a total |
|
distance of 781.81 feet to a 1/2 inch iron rod with cap marked |
|
"SHINE 5502" set at the southwest corner of said called 7.6429 acre |
|
tract, in the north right of way of T. & N. 0. Railroad, a variable |
|
width right of way, and at the most easterly southeast corner of |
|
this tract. |
|
THENCE S 46° 52' 02" W with the most easterly east line of this tract |
|
and the west right of way line of said T. & N. 0. Railroad, a |
|
distance of 1,876.95 feet to a 1" iron pipe found in the north line |
|
of a called 102.152 acre tract (Tract 2), recorded in File |
|
No. C683627, Deed Records of Harris County, Texas, and at the |
|
southeast corner of this tract, from which an iron rod found with |
|
cap marked "CENTERPOINT ENERGY" found at the northeast corner of |
|
herein described Tract I bears S 46° 45' 17" W, a distance of 556.58 |
|
feet. |
|
THENCE S 87° 53' 52" W with the north line of said called 102.152 |
|
acre tract and the south line of this tract a distance of 2,233.36 |
|
feet to a 1/4 inch iron rod found at the southeast corner of a called |
|
21.234 acre tract recorded in File No. G553519, Deed Records of |
|
Harris County, Texas, and a southwest corner of this tract from |
|
which a found 1" iron pipe bears S 87° 53' 43" W, a distance of 999.06 |
|
feet. |
|
THENCE N 01° 06' 07" W with the east line of said called 21.234 acre |
|
tract and a west line of this tract, passing the southeast corner of |
|
a called 0.116 acre tract recorded in File No. P220412, Deed |
|
Records of Harris County, Texas, a total distance of 308.90 feet to |
|
a 1/2 inch iron rod with cap marked "SHINE 5502" set at the |
|
northeast corner of said called 0.116 acre tract recorded in File |
|
No. P220412, and an interior corner of this tract. |
|
THENCE N 81° 29' 07" W with the north line of said called 0.116 acre |
|
tract recorded in File No. P220412, and a south line of this tract, |
|
at a distance of 100.00 feet pass the northwest corner of said |
|
called 0.116 acre tract and the northeast corner of a called 0.116 |
|
acre tract recorded in File No. R256220, Deed Records of Harris |
|
County, Texas, at a distance of 200.00 feet pass the northwest |
|
corner of said called 0.116 acre tract recorded in File No. R256220 |
|
and the northeast corner of a called 0.1164 acre tract recorded in |
|
File No. S300312, Deed Records of Harris County, Texas, at a |
|
distance of 300.00 feet pass the northwest corner of said called |
|
0.1164 acre tract recorded in File No. S300312 and the northeast |
|
corner of a called 0.116 acre tract recorded in File No. R304758, |
|
Deed Records of Harris County, Texas, at a distance of 400.00 feet, |
|
pass the northwest corner of said called 0.116 acre tract recorded |
|
in File No. R304758 and the northeast corner of a called 0.116 acre |
|
tract recorded in File No. P254365, Deed Records of Harris County, |
|
Texas, at a distance of 500.00 feet pass the northwest corner of |
|
said called 0.116 acre tract recorded in File No. P254365 and a |
|
northeast corner of said called 21.234 acre tract, continuing along |
|
a north line of said called 21.234 acre tract and a south line of |
|
this tract a total distance of 529.21 feet to a 1/2 inch iron rod set |
|
with cap marked "SHINE 5502". |
|
THENCE N 51° 33' 28" W a distance of 799.95 feet to a 1/2 inch iron |
|
rod with cap marked "SHINE 5502" set at the northwest corner of said |
|
called 21.234 acre tract and at an interior corner of this tract. |
|
THENCE S 25° 27' 04" W with the west line of said called 21.234 acre |
|
tract and an east line of this tract, a distance of 528.15 feet to a |
|
1/2 inch iron rod with cap marked "SHINE 5502" set at the northwest |
|
corner of a called 2.1614 acre tract recorded in File No. K076581, |
|
Deed Records of Harris County, Texas. |
|
THENCE N 65° 59' 23" W with a north line of said called 2.1614 acre |
|
tract and a northerly south line of this tract, a distance of 929.77 |
|
feet to a found iron rod with cap marked "RPLS 4615". |
|
THENCE continuing with the north line of said called 2.1614 acre |
|
tract and a northerly south line of this tract with the arc of a |
|
curve to the left having a chord direction of N 85° 42' 42" W, a |
|
radius of 509.50 feet, a distance of 238.49 feet to a found iron rod |
|
with cap marked "RPLS 4615". |
|
THENCE S 74° 30' 20" W continuing with the north line of said called |
|
2.1614 acre tract and a northerly south line of this tract a |
|
distance of 417.76 feet to a 1/2 inch iron rod with cap marked |
|
"SHINE 5502" set at the northwest corner of said called 2.1614 acre |
|
tract and an interior corner of this tract. |
|
THENCE S 15° 29' 23" E with the west line of said called 2.1614 tract |
|
and an east line of this tract a distance of 60.00 feet to an iron |
|
rod with cap marked "RPLS 4615" found at the southwest corner of |
|
said called 2.1614 acre tract. |
|
THENCE N 74° 30' 26" E with the south line of said called 2.1614 acre |
|
tract and a southerly north line of this tract a distance of 418.00 |
|
feet to a found iron rod with cap marked "RPLS 4615". |
|
THENCE continuing with the south line of said called 2.1614 acre |
|
tract and a southerly north line of this tract with the arc of a |
|
curve to the right having a chord direction of S 83° 40' 53" E, a |
|
radius of 595.34 feet, a distance of 196.44 feet to a 1/2 inch iron |
|
rod set with cap marked "SHINE 5502". |
|
THENCE S 65° 59' 23" E continuing with the south line of said called |
|
2.164 acre tract and a southerly north line of this tract a distance |
|
of 927.30 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" |
|
set at the southeast corner of said called 2.1614 acre tract in the |
|
west line of said called 21.234 acre tract. |
|
THENCE S 25° 16' 50" W with the west line of said called 21.234 acre |
|
tract and an east line of this tract, a distance of 441.83 feet to an |
|
iron rod with cap marked "RPLS 4615" found at the southwest corner |
|
of said called 21.234 acre tract, in the north line of said called |
|
102.152 acre tract and at a southeast corner of this tract, from |
|
which a found 1" iron pipe bears N 88° 29' 40" E, a distance of 600.63 |
|
feet. |
|
THENCE S 88° 21' 40" W with a south line of this tract and the north |
|
line of said called 102.152 acre tract, at a distance of 7,048.87 |
|
feet, pass a found 3/4" iron rod and continue a total distance of |
|
7,133.88 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" |
|
set at the southeast corner of a called 1 acre tract recorded in |
|
File No. H076771, Deed Records of Harris County, Texas. |
|
THENCE N 01° 38' 26" W with a west line of this tract and the east |
|
line of said called 1 acre tract, a distance of 208.71 feet to a 1/2 |
|
inch iron rod with cap marked "SHINE 5502" set at the northeast |
|
corner of said called 1 acre tract. |
|
THENCE S 88° 21' 40" W with a south line of this tract and the north |
|
line of said called 1 acre tract, a distance of 208.71 feet to a 1/2 |
|
inch iron rod with cap marked "SHINE 5502" set at the northwest |
|
corner of said called 1 acre tract. |
|
THENCE S 01° 38' 26" E with an east line of this tract and the west |
|
line of said called 1 acre tract, a distance of 208.71 feet to a 1/2 |
|
inch iron rod with cap marked "SHINE 5502" set at the southwest |
|
corner of said called 1 acre tract, in the north line of said called |
|
102.152 acre tract. |
|
THENCE S 88° 21' 40" W with a south line of this tract and the north |
|
line of said called 102.152 acre tract, a distance of 2,021.97 feet |
|
to the line of mean higher high water on the San Jacinto River. |
|
THENCE meandering the line of mean higher high water along the left |
|
bank of the San Jacinto River, the following bearings and |
|
distances: |
|
|
N 53° 39' 19" W |
|
446.94 feet |
|
|
|
N 59° 28' 06" W |
|
369.78 feet |
|
|
|
N 32° 15' 28" W |
|
88.34 feet |
|
|
|
N 50° 54' 05" W |
|
129.34 feet |
|
|
|
N 43° 04' 40" W |
|
188.13 feet |
|
|
|
N 45° 19' 17" W |
|
78.88 feet |
|
|
|
N 27° 03' 34" W |
|
250.17 feet |
|
|
|
N 13° 49' 11" W |
|
192.54 feet |
|
|
|
N 13° 56' 26" W |
|
103.14 feet |
|
|
|
N 00° 46' 29" E |
|
503.45 feet |
|
|
|
N 03° 28' 48" E |
|
224.28 feet |
|
|
|
N 03° 58' 09" E |
|
246.51 feet |
|
|
|
N 01° 50' 57" E |
|
180.18 feet |
|
|
|
N 04° 57' 15" E |
|
202.55 feet |
|
|
|
N 07° 14' 24" E |
|
177.80 feet |
|
|
|
N 12° 57' 35" E |
|
166.40 feet |
|
|
|
N 07° 38' 19" E |
|
108.67 feet |
|
|
|
N 08° 55' 16" E |
|
130.31 feet |
|
|
|
N 04° 27' 32" E |
|
158.34 feet |
|
|
|
N 20° 09' 17" E |
|
102.98 feet |
|
|
|
N 15° 38' 50" E |
|
168.56 feet |
|
|
|
N 08° 04' 25" W |
|
320.01 feet |
|
|
|
N 24° 35' 18" W |
|
119.21 feet |
|
|
|
N 25° 33' 04" W |
|
239.12 feet |
|
|
THENCE N 32° 33' 43" W continuing along the line of mean higher high |
|
water on the left bank of the San Jacinto River, a distance of |
|
117.10 feet to a point at the southwest corner of said called 56.50 |
|
acre tract and a southerly northwest corner of this tract. |
|
THENCE N 59° 33' 11" E with the south line of said called 56.50 acre |
|
tract and a north line of this tract, a distance of 834.87 feet to a |
|
1" iron pipe found at the southeast corner of said called 56.50 acre |
|
tract and an interior corner of this tract. |
|
THENCE N 22° 44' 35" E with the southerly east line of said called |
|
56.50 acre tract and a northerly west line of this tract, a distance |
|
of 1,342.07 feet to the PLACE OF BEGINNING, containing 991.55 |
|
acres. |
|
TRACT III |
|
BEGINNING at a 1" iron pipe found in the south line of the Absalom |
|
Reeves Survey, Abstract 60, and the north line of said Abstract 838, |
|
in the west line of a called 167.305 acre tract recorded in File |
|
No. 2010010605, Deed Records of Harris County, Texas, at the |
|
southeast corner of a called 60.0765 acre tract recorded in File |
|
No. U922164, Deed Records of Harris County, Texas, and at the |
|
northeast corner of this tract. Said 1" iron pipe has a Texas State |
|
Plane coordinate value of N: 13910927.97 and E: 3206944.66. |
|
THENCE S 02° 37' 23" E (Called S 02° 37' 21" E) with the west line of |
|
said called 167.305 acre tract and the east line of this tract, a |
|
distance of 1,434.17 feet to a 1/2 inch iron rod with cap marked |
|
"SHINE 5502" set at the southwest corner of said 167.305 acre tract. |
|
THENCE S 87° 47' 10" E with the south line of said called 167.305 |
|
acre tract and a north line of this tract, a distance of 51.63 feet |
|
to a 1/2 inch iron rod with cap marked "SHINE 5502" set in the north |
|
right of way of Diamondhead Boulevard North, (100 feet wide |
|
R.O.W.), at the northwest corner of Newport Subdivision, Section |
|
10, a subdivision recorded in Volume 220, Page 76, Map Records of |
|
Harris County, Texas. |
|
THENCE S 02° 12' 50" W with a west line of said Section 10 and an east |
|
line of this tract, a distance of 100.00 feet to a 1/2 inch iron rod |
|
with cap marked "SHINE 5502" set in the south right of way line of |
|
said Diamondhead Boulevard North, at a northerly southwest corner |
|
of said Section 10. |
|
THENCE S 87° 47' 10" E with the south right of way line of said |
|
Diamondhead Boulevard North, a northerly south line of said Section |
|
10, and a north line of this tract, a distance of 37.06 feet to a 1/2 |
|
inch iron rod with cap marked "SHINE 5502" set at the intersection |
|
of the south right of way line of said Diamondhead Boulevard North, |
|
and the west right of way line of Golf Club Drive (100 feet wide |
|
R.O.W.) in a west line of said Section 10. |
|
THENCE S 42° 47' 10" E with the west right of way of said Golf Club |
|
Drive, the west line of said Section 10 and the east line of this |
|
tract, a distance of 14.14 feet to a 1/2 inch iron rod with cap set |
|
marked "SHINE 5502". |
|
THENCE S 01° 07' 10" E continuing with the west right of way of said |
|
Golf Club Drive, the west line of said Section 10 and the east line |
|
of this tract, a distance of 183.64 feet to a 1/2 inch iron rod with |
|
cap set marked "SHINE 5502". |
|
THENCE continuing with the west right of way of said Golf Club |
|
Drive, the west line of said Section 10 and the east line of this |
|
tract, with the arc of a curve to the right having a radius of |
|
1,950.00 feet and a central angle of 20° 00' 00", a distance of |
|
680.68 feet to a 1/2 inch iron rod with cap set marked "SHINE 5502". |
|
THENCE S 22° 12' 50" W continuing with the west right of way of said |
|
Golf Club Drive, the west line of said Section 10 and the east line |
|
of this tract, a distance of 660.85 feet to a 1/2 inch iron rod with |
|
cap set marked "SHINE 5502". |
|
THENCE continuing with the west right of way of said Golf Club |
|
Drive, the west line of said Section 10 and the east line of this |
|
tract, with the arc of a curve to the left having a radius of |
|
3,050.00 feet and a central angle of 45° 06' 00", a distance of |
|
2,400.79 feet to a 1/2 inch iron rod with cap set marked "SHINE |
|
5502". |
|
THENCE S 22° 57' 10" E continuing with the west right of way of said |
|
Golf Club Drive, the west line of said Section 10 and the east line |
|
of this tract, a distance of 714.81 feet to a 1/2 inch iron rod with |
|
cap marked "SHINE 5502" set at the northeast corner of a called |
|
3.3685 acre tract recorded in File No. N409807, Deed Records of |
|
Harris County, Texas, and the most easterly southeast corner of |
|
this tract. |
|
THENCE S 74° 57' 26" W with the north line of said called 3.3685 acre |
|
tract and a south line of this tract, a distance of 170.16 feet to a |
|
1/2 inch iron rod with cap set marked "SHINE 5502". |
|
THENCE S 38° 21' 36" W continuing with the north line of said called |
|
3.3685 acre tract and a south line of this tract, a distance of |
|
375.28 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set |
|
at the southerly northeast corner of a called 53.17 acre tract |
|
recorded in File No. U652009, Deed Records of Harris County, Texas, |
|
and a southeast corner of this tract, from which a 1/2 inch iron rod |
|
found at the southeast corner of said called 53.17 acre tract and |
|
the southwest corner of said called 3.3685 acre tract bears S 38° 21' |
|
38" W, a distance of 10.86 feet. |
|
THENCE N 75° 29' 31" W with a southerly north line of said called |
|
53.17 acre tract and a south line of this tract, a distance of |
|
577.95 feet to an iron rod with cap marked "TERRA SURVEYING" found |
|
at a southerly northeast corner of said called 53.17 acre tract, and |
|
an interior corner of this tract. |
|
THENCE N 05° 37' 30" E with the east line of said called 53.17 acre |
|
tract and a west line of this tract, a distance of 480.74 feet to an |
|
iron rod found with cap marked "TERRA SURVEYING". |
|
THENCE N 08° 08' 01" E continuing with the east line of said called |
|
53.17 acre tract and a west line of this tract, a distance of 825.65 |
|
feet to an iron rod found with cap marked "TERRA SURVEYING". |
|
THENCE continuing with the east line of said called 53.17 acre tract |
|
and a west line of this tract, with the arc of a curve to the left |
|
having a radius of 250.61 feet and a central angle of 98° 17' 48", a |
|
distance of 429.95 feet to an iron rod with cap marked "TERRA |
|
SURVEYING" found at the northeast corner of said called 53.17 acre |
|
tract. |
|
THENCE N 89° 04' 41" W with the north line of said called 53.17 acre |
|
tract and a south line of this tract, a distance of 407.72 feet to an |
|
iron rod found with cap marked "TERRA SURVEYING". |
|
THENCE S 74° 12' 35" W continuing with the north line of said called |
|
53.17 acre tract and a south line of this tract, a distance of |
|
412.92 feet to an iron rod found with cap marked "TERRA SURVEYING". |
|
THENCE S 71° 17' 47" W continuing with the north line of said called |
|
53.17 acre tract and a south line of this tract, a distance of |
|
313.23 feet to an iron rod found with cap marked "TERRA SURVEYING". |
|
THENCE S 64° 30' 39" W continuing with the north line of said called |
|
53.17 acre tract and a south line of this tract, a distance of |
|
250.16 feet to an iron rod with cap marked "TERRA SURVEYING" found |
|
at the northwest corner of said called 53.17 acre tract and an |
|
interior corner of this tract. |
|
THENCE S 30° 45' 58" W with the west line of said called 53.17 acre |
|
tract and an east line of this tract, a distance of 938.35 feet to an |
|
iron rod found with cap marked "TERRA SURVEYING" from which a 1 1/4 |
|
inch iron pipe found in the south line of said called 53.17 acre |
|
tract and the north line of The San Jacinto River Authority East |
|
Canal tract, recorded in Volume 1294, Page 256, Deed Records of |
|
Harris County, Texas bears S 76° 55' 49" E a distance of 700.71 feet. |
|
THENCE S 38° 36' 07" E continuing with the west line of said called |
|
53.17 acre tract and an east line of this tract, a distance of |
|
330.48 feet to an iron rod found with cap marked "TERRA SURVEYING". |
|
THENCE S 50° 28' 00" W continuing with the west line of said called |
|
53.17 acre tract and an east line of this tract, a distance of |
|
392.70 feet to an iron rod found with cap marked "TERRA SURVEYING". |
|
THENCE S 34° 53' 53" E continuing with the west line of said called |
|
53.17 acre tract and an east line of this tract, a distance of 54.47 |
|
feet to an iron rod with cap marked "TERRA SURVEYING" found at the |
|
southwest corner of said called 53.17 acre tract, in a north line of |
|
Horizon Drive, a dedicated public road in Newport Subdivision, |
|
Section 4, a subdivision recorded in Volume 198, Page 53, Map |
|
Records of Harris County, Texas, and at a southeast corner of this |
|
tract, from which a 1 1/4 inch iron pipe found in the south line of |
|
said called 53.17 acre tract and the north line of said East Canal |
|
tract bears N 51° 21' 56" E a distance of 512.15'. |
|
THENCE S 51° 21' 08" W along a north line of said Section 4, a north |
|
line of said San Jacinto River Authority East Canal Tract, and a |
|
south line of this tract, at a distance of 51.71 feet pass a |
|
northwest corner of said Horizon Drive and Section 4 and continuing |
|
a total distance of 605.52 feet to a 1" iron pipe found. |
|
THENCE continuing along a north line of said San Jacinto River |
|
Authority East Canal and a south line of this tract, with the arc of |
|
a curve to the left having a radius of 415.36 feet and a central |
|
angle of 17° 54' 23", a distance of 129.81 feet to a 1 1/2 inch iron |
|
pipe found. |
|
THENCE S 32° 37' 00 W continuing along a north line of said San |
|
Jacinto River Authority East Canal and a south line of this tract a |
|
distance of 1,291.52 feet to a 1 1/4 inch iron pipe found. |
|
THENCE continuing along a north line of said San Jacinto River |
|
Authority East Canal and a south line of this tract, with the arc of |
|
a curve to the right having a radius of 174.95 feet and a central |
|
angle of 39° 20' 42", a distance of 174.95 feet to a 1 inch iron pipe |
|
found. |
|
THENCE S 72° 28' 08" W continuing along a north line of said San |
|
Jacinto River Authority East Canal and a south line of this tract, a |
|
distance of 2,448.06 feet to a 1 1/4 inch iron pipe found. |
|
THENCE continuing along a north line of said San Jacinto River |
|
Authority East Canal and a south line of this tract, with the arc of |
|
a curve to the left having a radius of 333.37 feet and a central |
|
angle of 04° 24' 34", a distance of 25.66 feet to a 1 1/4 inch iron |
|
pipe found. |
|
THENCE S 68° 53' 17" W continuing along a north line of said San |
|
Jacinto River Authority East Canal and a south line of this tract, a |
|
distance of 1,832.09 feet to a 1 1/4 inch iron pipe found. |
|
THENCE continuing along a north line of said San Jacinto River |
|
Authority East Canal and a south line of this tract, with the arc of |
|
a curve to the right having a radius of 144.47 feet and a central |
|
angle of 53° 20' 45", a distance of 134.51 feet to a 1 1/4" iron pipe |
|
found. |
|
THENCE N 57° 13' 44" W continuing along a north line of said San |
|
Jacinto River Authority East Canal and a south line of this tract, a |
|
distance of 1,587.58 feet to a 1/2 inch iron rod set with cap marked |
|
"SHINE 5502". |
|
THENCE continuing along a north line of said San Jacinto River |
|
Authority East Canal and a south line of this tract, with the arc of |
|
a curve to the left having a radius of 402.67 feet and a central |
|
angle of 30° 10' 09", a distance of 212.03 feet to a 1/2 inch iron rod |
|
set with cap marked "SHINE 5502". |
|
THENCE N 87° 29' 31" W continuing along a north line of said San |
|
Jacinto River Authority East Canal and a south line of this tract, a |
|
distance of 224.45 feet to a 1/2 inch iron rod found at an interior |
|
corner of said San Jacinto River Authority East Canal and an |
|
interior corner of this tract. |
|
THENCE along an east line of said San Jacinto River Authority East |
|
Canal and a west line of this tract, with the arc of a curve to the |
|
right having a radius of 133.99 feet and a central angle of 63° 17' |
|
53", a distance of 148.03 feet to a 1/2 inch iron rod found in the |
|
north line of said Humphrey Jackson Survey, Abstract 37 and the |
|
south line of said William Wilson Survey, Abstract 838. |
|
THENCE N 24° 23' 35" W along an east line of said San Jacinto River |
|
Authority East Canal and a west line of this tract, a distance of |
|
375.95 feet to a 1" iron pipe found. |
|
THENCE continuing along an east line of said San Jacinto River |
|
Authority East Canal and a west line of this tract, with the arc of a |
|
curve to the right having a radius of 174.87 feet and a central |
|
angle of 37° 53' 54", a distance of 115.67 feet to a 1 1/4" iron pipe |
|
found. |
|
THENCE N 14° 24' 42" E continuing along an east line of said San |
|
Jacinto River Authority East Canal and a west line of this tract, a |
|
distance of 74.82 feet to a 1 1/4" iron pipe found. |
|
THENCE continuing along an east line of said San Jacinto River |
|
Authority East Canal and a west line of this tract, with the arc of a |
|
curve to the right having a radius of 661.43 feet and a central |
|
angle of 07° 01' 58", a distance of 81.19 feet to a 1 1/4" iron pipe |
|
found. |
|
THENCE N 12°17' 19" E continuing along the east line of said San |
|
Jacinto River Authority East Canal and a west line of this tract, a |
|
distance of 436.82 feet to a 5/8" iron rod found at a northeast |
|
corner of said San Jacinto River Authority East Canal, in the south |
|
line of a called 39.88 acre tract recorded in File No. T525349, Deed |
|
Records of Harris County, Texas and at an interior corner of this |
|
tract, from which a 1 1/4" iron pipe found in a north line of said |
|
San Jacinto River Authority East Canal tract and the south line of |
|
said called 39.88 acre tract bears N 77° 36' 49" W, a distance of |
|
621.39 feet. |
|
THENCE S 77° 42' 29" E with the south line of said called 39.88 acre |
|
tract and a north line of this tract, a distance of 294.05 feet to a |
|
5/8" iron rod found at the southeast corner of said called 39.88 |
|
acre tract. |
|
THENCE N 09° 46' 40" E with the east line of said called 39.88 acre |
|
tract and a west line of this tract, a distance of 950.00 feet to a |
|
1/2" iron rod found. |
|
THENCE N 10° 53' 20" W continuing with the east line of said called |
|
39.88 acre tract, and the west line of this tract, a distance of |
|
394.97 feet to a 1/2" iron rod found at the northeast corner of said |
|
called 39.88 acre tract. |
|
THENCE N 80° 21' 03" W with the north line of said called 39.88 acre |
|
tract and a south line of this tract, a distance of 1,359.57 feet to |
|
a point in an east line of called 589.27 acre tract (Lake Houston) |
|
recorded in Volume 1458, Page 1, and a west line of this tract. |
|
Volume 1458, Page 1 describes this point as being the waterline of |
|
the proposed reservoir when at normal pool level at elevation 44.5 |
|
feet above mean sea level. |
|
THENCE with the west line of this tract and an east line of said |
|
called 589.27 acre tract (Lake Houston), the following bearings and |
|
distances: |
|
|
N 30° 53' 29" E |
|
376.74 feet |
|
|
|
N 21° 32' 39" E |
|
300.00 feet |
|
|
|
N 06° 45' 39" E |
|
864.00 feet |
|
|
|
N 19° 56' 19" W |
|
882.88 feet |
|
|
|
N 07° 44' 21" W |
|
184.00 feet |
|
|
THENCE N 52° 28' 21" W continuing with the west line of this tract |
|
and the east line of said called 589.27 acre tract (Lake Houston), a |
|
distance of 508.00 feet to a point from which a 12"x12" concrete |
|
monument found with Aluminum Disc marked "Corp of Engineers U.S. |
|
Boundary Mark SL-1 Y1977" bears N 25° 14' 05" W a distance of 59.32 |
|
feet. Said concrete monument has a State Plane coordinate value of |
|
N: 13907978.68 and E: 3195354.41 |
|
THENCE continuing with the west line of this tract and an east line |
|
of said called 589.27 acre tract (Lake Houston), the following |
|
bearings and distances: |
|
|
N 65° 40' 21" W |
|
422.00 feet |
|
|
|
N 80° 22' 21" W |
|
300.00 feet |
|
|
|
N 62° 47' 53" W |
|
641.05 feet |
|
|
|
N 60° 37' 21" W |
|
600.00 feet |
|
|
|
N 88° 15' 21" W |
|
540.00 feet |
|
|
|
S 84 ° 47' 39" W |
|
568.00 feet |
|
|
|
S 69° 42' 54" W |
|
633.02 feet |
|
|
|
S 83° 28' 39" W |
|
332.00 feet |
|
|
|
N 77° 42' 21" W |
|
270.00 feet |
|
|
|
N 13° 14' 21" W |
|
739.00 feet |
|
|
|
N 28° 22' 21" W |
|
402.00 feet |
|
|
THENCE N 21° 29' 39" E continuing with the west line of this tract |
|
and an east line of said called 589.27 acre tract (Lake Houston), a |
|
distance of 394.76 feet to a point in the south line of Lake Shadows |
|
Section Four, a subdivision recorded in File No. D620201, Map |
|
Records of Harris County, Texas, and at the northwest corner of this |
|
tract. |
|
THENCE N 86° 32' 15" E with the south line of said Lake Shadows |
|
Section Four and the north line of this tract, at a distance of |
|
204.97 feet pass a 1/2" iron rod found, and continuing a total |
|
distance of 689.12 feet to a point in a concrete slab at the |
|
southeast corner of said Lake Shadows Section Four, the southwest |
|
corner of a called 447.0498 acre tract recorded in File |
|
No. D759681, Deed Records of Harris County, Texas, and an interior |
|
corner of this tract from which a 1/2 " iron rod with cap marked |
|
"SHINE 5502" set for reference bears S 04° 44' 22" W a distance of |
|
1.88 feet, a 1" iron pipe found bears N 79° 27' 48" E a distance of |
|
101.22 feet, and a 1/2" iron rod found in the east line of said Lake |
|
Shadows Section Four bears N 33° 33' 38" E a distance of 254.84 feet. |
|
THENCE N 86° 43' 31" E with the south line of said called 447.0498 |
|
acre tract and a north line of this tract, a distance of 10,942.13 |
|
feet to a 1/2 inch iron rod next to a 4"x6" fence post found at the |
|
southeast corner of said called 447.0498 acre tract and an interior |
|
corner of this tract. |
|
THENCE N 02° 07' 50" W with the east line of said called 447.0498 |
|
acre tract and a northerly west line of this tract a distance of |
|
26.79 feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set at |
|
the southwest corner of a called 0.1148 acre tract recorded in File |
|
No. T653706, Deed Records of Harris County, Texas and a northwest |
|
corner of this tract. |
|
THENCE N 87° 22' 21" E with the south line of said called 0.1148 acre |
|
tract and a north line of this tract, at a distance of 50.02 feet |
|
pass the southeast corner of said called 0.1148 acre tract recorded |
|
in File No. T653706 and the southwest corner of a called 0.1148 acre |
|
tract recorded in File No. T702499, Deed Records of Harris County, |
|
Texas, at a distance of 100.02 feet, pass the southeast corner of |
|
said called 0.1148 acre tract recorded in File No. T702499 and the |
|
southwest corner of a called 0.1148 acre tract recorded in File |
|
No. T643967, at a distance of 150.02 feet pass the southeast corner |
|
of said called 0.1148 acre tract recorded in File No. T643967 and |
|
the southwest corner of a called 0.1148 acre tract recorded in File |
|
No. T491404, Deed Records of Harris County, Texas, at a distance of |
|
200.02 feet pass the southeast corner of said called 0.1148 acre |
|
tract recorded in File No. T491404 and the southwest corner of a |
|
called 0.1148 acre tract recorded in File No. T526225, Deed Records |
|
of Harris County, Texas, and continuing a total distance of 250.02 |
|
feet to a 1/2 inch iron rod with cap marked "SHINE 5502" set at the |
|
southeast corner of said called 0.1148 acre tract recorded in File |
|
No. T526225 and an interior corner of this tract. |
|
THENCE N 02° 37' 39" W with the east line of said called 0.1148 acre |
|
tract recorded in File No. T526225 and a west line of this tract, a |
|
distance of 100.00 feet to a 1/2 inch iron rod with cap marked |
|
"SHINE 5502" set at the northeast corner of said called 0.1148 acre |
|
tract recorded in File No. T526225, in the south line of a called |
|
5.00 acre tract recorded in File No. T684273, Deed Records of |
|
Harris County, Texas, in the South line of the Hannah Nash Survey, |
|
Abstract 599, in the north line of said Abstract 838, and at a |
|
northwest corner of this tract. |
|
THENCE N 87° 02' 53" E with the south line of said Abstract 599, the |
|
north line of said Abstract 838, the south line of said called 5.00 |
|
acre tract and the north line of this tract a distance of 316.67 |
|
feet to a 1/2 inch iron rod found at the southeast corner of said |
|
Abstract 599, the southwest corner of said Abstract 60, the |
|
southeast corner of said called 5.00 acre tract and the southwest |
|
corner of a called 45 acre tract recorded in File No. 20080119197, |
|
Deed Records of Harris County, Texas. |
|
THENCE N 87° 24' 37" E with the south line of said called 45 acre |
|
tract, the south line of said Abstract 60, the north line of said |
|
Abstract 838 and the north line of this tract, a distance of 986.97 |
|
feet to a 1/2 inch iron rod found at the southeast corner of said |
|
called 45 acre tract, the southwest corner of a called 8.39 acre |
|
tract recorded in File No. 20070675831, Deed Records of Harris |
|
County, Texas, and a northerly corner of this tract. |
|
THENCE N 87° 48' 26" E with the south line of said 8.339 acre tract, |
|
the south line of said Abstract 60, the north line of said Abstract |
|
838 and the north line of this tract, at a distance of 150.00 feet |
|
pass the southeast corner of said called 8.39 acre tract and the |
|
southwest corner of a called 11.675 acre tract recorded in File |
|
No. 20070675831, Deed Records of Harris County, Texas, and |
|
continuing a total distance of 359.69 feet to a 1/2 inch iron rod |
|
found at the southeast corner of said called 11.675 acre tract and |
|
the southwest corner of a called 155.76 acre tract recorded in |
|
Volume 438, Page 236, Deed Records of Harris County, Texas. |
|
THENCE N 87° 20' 09" E with the south line of said Abstract 60, the |
|
north line of said Abstract 838, the south line of said called |
|
155.76 acre tract and the north line of this tract, a distance of |
|
682.33 feet to a 1/2 inch iron rod found next to a 8"x8" square fence |
|
post at the southeast corner of said called 155.76 acre tract and |
|
the southwest corner of a called 29.15 acre tract recorded in File |
|
No. R106573, Deed Records of Harris County, Texas. |
|
THENCE N 87° 24' 00" E with the south line of said Abstract 60, the |
|
north line of said Abstract 838, the south line of said called 29.15 |
|
acre tract and the north line of this tract, and at a distance of |
|
525.51 feet pass the southeast corner of said called 29.15 acre |
|
tract and the southwest corner of said called 60.0765 acre tract, |
|
and continuing with the south line of said Abstract 60, the north |
|
line of said Abstract 838, the south line of said called 60.0765 |
|
acre tract and the north line of this tract, a total distance of |
|
1648.87 feet to the PLACE OF BEGINNING, containing 1942.08 acres of |
|
land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8005, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8005.107 to read as follows: |
|
Sec. 8005.107. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. This Act takes effect September 1, 2017. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2277 passed the Senate on |
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May 11, 2017, by the following vote: Yeas 31, Nays 0. |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2277 passed the House on |
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May 24, 2017, by the following vote: Yeas 137, Nays 9, two |
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present not voting. |
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Chief Clerk of the House |
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Approved: |
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Governor |