4 | 12 | | AN ACT |
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5 | 13 | | relating to the creation of the Creedmoor Municipal Utility |
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6 | 14 | | District; granting a limited power of eminent domain; providing |
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7 | 15 | | authority to issue bonds; providing authority to impose |
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8 | 16 | | assessments, fees, and taxes. |
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9 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 18 | | SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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11 | 19 | | Code, is amended by adding Chapter 7951A to read as follows: |
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12 | 20 | | CHAPTER 7951A. CREEDMOOR MUNICIPAL UTILITY DISTRICT |
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13 | 21 | | SUBCHAPTER A. GENERAL PROVISIONS |
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14 | 22 | | Sec. 7951A.0101. DEFINITIONS. In this chapter: |
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15 | 23 | | (1) "Board" means the district's board of directors. |
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16 | 24 | | (2) "Commission" means the Texas Commission on |
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17 | 25 | | Environmental Quality. |
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18 | 26 | | (3) "Director" means a board member. |
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19 | 27 | | (4) "District" means the Creedmoor Municipal Utility |
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20 | 28 | | District. |
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21 | 29 | | Sec. 7951A.0102. NATURE OF DISTRICT. The district is a |
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22 | 30 | | municipal utility district created under Section 59, Article XVI, |
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23 | 31 | | Texas Constitution. |
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24 | 32 | | Sec. 7951A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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25 | 33 | | REQUIRED. The temporary directors shall hold an election to |
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26 | 34 | | confirm the creation of the district and to elect five permanent |
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27 | 35 | | directors as provided by Section 49.102, Water Code. |
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28 | 36 | | Sec. 7951A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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29 | 37 | | temporary directors may not hold an election under Section |
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30 | 38 | | 7951A.0103 until each municipality in whose corporate limits or |
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31 | 39 | | extraterritorial jurisdiction the district is located has |
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32 | 40 | | consented by ordinance or resolution to the creation of the |
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33 | 41 | | district and to the inclusion of land in the district. |
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34 | 42 | | Sec. 7951A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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35 | 43 | | (a) The district is created to serve a public purpose and benefit. |
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36 | 44 | | (b) The district is created to accomplish the purposes of: |
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37 | 45 | | (1) a municipal utility district as provided by |
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38 | 46 | | general law and Section 59, Article XVI, Texas Constitution; and |
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39 | 47 | | (2) Section 52, Article III, Texas Constitution, that |
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40 | 48 | | relate to the construction, acquisition, improvement, operation, |
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41 | 49 | | or maintenance of macadamized, graveled, or paved roads, or |
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42 | 50 | | improvements, including storm drainage, in aid of those roads. |
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43 | 51 | | Sec. 7951A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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44 | 52 | | district is initially composed of the territory described by |
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45 | 53 | | Section 2 of the Act enacting this chapter. |
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46 | 54 | | (b) The boundaries and field notes contained in Section 2 of |
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47 | 55 | | the Act enacting this chapter form a closure. A mistake made in the |
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48 | 56 | | field notes or in copying the field notes in the legislative process |
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49 | 57 | | does not affect the district's: |
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50 | 58 | | (1) organization, existence, or validity; |
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51 | 59 | | (2) right to issue any type of bond for the purposes |
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52 | 60 | | for which the district is created or to pay the principal of and |
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53 | 61 | | interest on a bond; |
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54 | 62 | | (3) right to impose a tax; or |
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55 | 63 | | (4) legality or operation. |
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56 | 64 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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57 | 65 | | Sec. 7951A.0201. GOVERNING BODY; TERMS. (a) The district |
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58 | 66 | | is governed by a board of five elected directors. |
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59 | 67 | | (b) Except as provided by Section 7951A.0202, directors |
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60 | 68 | | serve staggered four-year terms. |
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61 | 69 | | Sec. 7951A.0202. TEMPORARY DIRECTORS. (a) On or after the |
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62 | 70 | | effective date of the Act enacting this chapter, the owner or owners |
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63 | 71 | | of a majority of the assessed value of the real property in the |
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64 | 72 | | district may submit a petition to the commission requesting that |
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65 | 73 | | the commission appoint as temporary directors the five persons |
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66 | 74 | | named in the petition. The commission shall appoint as temporary |
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67 | 75 | | directors the five persons named in the petition. |
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68 | 76 | | (b) Temporary directors serve until the earlier of: |
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69 | 77 | | (1) the date permanent directors are elected under |
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70 | 78 | | Section 7951A.0103; or |
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71 | 79 | | (2) the fourth anniversary of the effective date of |
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72 | 80 | | the Act enacting this chapter. |
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73 | 81 | | (c) If permanent directors have not been elected under |
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74 | 82 | | Section 7951A.0103 and the terms of the temporary directors have |
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75 | 83 | | expired, successor temporary directors shall be appointed or |
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76 | 84 | | reappointed as provided by Subsection (d) to serve terms that |
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77 | 85 | | expire on the earlier of: |
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78 | 86 | | (1) the date permanent directors are elected under |
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79 | 87 | | Section 7951A.0103; or |
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80 | 88 | | (2) the fourth anniversary of the date of the |
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81 | 89 | | appointment or reappointment. |
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82 | 90 | | (d) If Subsection (c) applies, the owner or owners of a |
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83 | 91 | | majority of the assessed value of the real property in the district |
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84 | 92 | | may submit a petition to the commission requesting that the |
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85 | 93 | | commission appoint as successor temporary directors the five |
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86 | 94 | | persons named in the petition. The commission shall appoint as |
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87 | 95 | | successor temporary directors the five persons named in the |
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88 | 96 | | petition. |
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89 | 97 | | SUBCHAPTER C. POWERS AND DUTIES |
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90 | 98 | | Sec. 7951A.0301. GENERAL POWERS AND DUTIES. The district |
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91 | 99 | | has the powers and duties necessary to accomplish the purposes for |
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92 | 100 | | which the district is created. |
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93 | 101 | | Sec. 7951A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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94 | 102 | | DUTIES. The district has the powers and duties provided by the |
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95 | 103 | | general law of this state, including Chapters 49 and 54, Water Code, |
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96 | 104 | | applicable to municipal utility districts created under Section 59, |
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97 | 105 | | Article XVI, Texas Constitution. |
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98 | 106 | | Sec. 7951A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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99 | 107 | | Section 52, Article III, Texas Constitution, the district may |
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100 | 108 | | design, acquire, construct, finance, issue bonds for, improve, |
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101 | 109 | | operate, maintain, and convey to this state, a county, or a |
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102 | 110 | | municipality for operation and maintenance macadamized, graveled, |
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103 | 111 | | or paved roads, or improvements, including storm drainage, in aid |
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104 | 112 | | of those roads. |
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105 | 113 | | Sec. 7951A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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106 | 114 | | road project must meet all applicable construction standards, |
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107 | 115 | | zoning and subdivision requirements, and regulations of each |
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108 | 116 | | municipality in whose corporate limits or extraterritorial |
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109 | 117 | | jurisdiction the road project is located. |
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110 | 118 | | (b) If a road project is not located in the corporate limits |
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111 | 119 | | or extraterritorial jurisdiction of a municipality, the road |
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112 | 120 | | project must meet all applicable construction standards, |
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113 | 121 | | subdivision requirements, and regulations of each county in which |
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114 | 122 | | the road project is located. |
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115 | 123 | | (c) If the state will maintain and operate the road, the |
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116 | 124 | | Texas Transportation Commission must approve the plans and |
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117 | 125 | | specifications of the road project. |
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118 | 126 | | Sec. 7951A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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119 | 127 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
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120 | 128 | | applicable requirements of any ordinance or resolution that is |
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121 | 129 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
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122 | 130 | | consents to the creation of the district or to the inclusion of land |
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123 | 131 | | in the district. |
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124 | 132 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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125 | 133 | | Sec. 7951A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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126 | 134 | | The district may issue, without an election, bonds and other |
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127 | 135 | | obligations secured by: |
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128 | 136 | | (1) revenue other than ad valorem taxes; or |
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129 | 137 | | (2) contract payments described by Section |
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130 | 138 | | 7951A.0403. |
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131 | 139 | | (b) The district must hold an election in the manner |
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132 | 140 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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133 | 141 | | before the district may impose an ad valorem tax or issue bonds |
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134 | 142 | | payable from ad valorem taxes. |
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135 | 143 | | (c) The district may not issue bonds payable from ad valorem |
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136 | 144 | | taxes to finance a road project unless the issuance is approved by a |
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137 | 145 | | vote of a two-thirds majority of the district voters voting at an |
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138 | 146 | | election held for that purpose. |
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139 | 147 | | Sec. 7951A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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140 | 148 | | authorized at an election held under Section 7951A.0401, the |
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141 | 149 | | district may impose an operation and maintenance tax on taxable |
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142 | 150 | | property in the district in accordance with Section 49.107, Water |
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143 | 151 | | Code. |
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144 | 152 | | (b) The board shall determine the tax rate. The rate may not |
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145 | 153 | | exceed the rate approved at the election. |
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146 | 154 | | Sec. 7951A.0403. CONTRACT TAXES. (a) In accordance with |
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147 | 155 | | Section 49.108, Water Code, the district may impose a tax other than |
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148 | 156 | | an operation and maintenance tax and use the revenue derived from |
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149 | 157 | | the tax to make payments under a contract after the provisions of |
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150 | 158 | | the contract have been approved by a majority of the district voters |
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151 | 159 | | voting at an election held for that purpose. |
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152 | 160 | | (b) A contract approved by the district voters may contain a |
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153 | 161 | | provision stating that the contract may be modified or amended by |
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154 | 162 | | the board without further voter approval. |
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155 | 163 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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156 | 164 | | Sec. 7951A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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157 | 165 | | OBLIGATIONS. The district may issue bonds or other obligations |
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158 | 166 | | payable wholly or partly from ad valorem taxes, impact fees, |
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159 | 167 | | revenue, contract payments, grants, or other district money, or any |
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160 | 168 | | combination of those sources, to pay for any authorized district |
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161 | 169 | | purpose. |
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162 | 170 | | Sec. 7951A.0502. TAXES FOR BONDS. At the time the district |
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163 | 171 | | issues bonds payable wholly or partly from ad valorem taxes, the |
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164 | 172 | | board shall provide for the annual imposition of a continuing |
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165 | 173 | | direct ad valorem tax, without limit as to rate or amount, while all |
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166 | 174 | | or part of the bonds are outstanding as required and in the manner |
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167 | 175 | | provided by Sections 54.601 and 54.602, Water Code. |
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168 | 176 | | Sec. 7951A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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169 | 177 | | issuance, the total principal amount of bonds or other obligations |
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170 | 178 | | issued or incurred to finance road projects and payable from ad |
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171 | 179 | | valorem taxes may not exceed one-fourth of the assessed value of the |
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172 | 180 | | real property in the district. |
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173 | 181 | | SECTION 2. The Creedmoor Municipal Utility District |
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174 | 182 | | initially includes all the territory contained in the following |
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175 | 183 | | area: |
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176 | 184 | | TRACT I |
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177 | 185 | | FIELDNOTE DESCRIPTION of a tract or parcel of land containing |
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178 | 186 | | 134.000 acres situated in the Elijah Caples League Survey No. 7, |
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179 | 187 | | Abstract No. 155, Travis County, Texas, being a portion of that |
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180 | 188 | | certain 148.94 acre tract, conveyed to C. L. Thomas Holdings, LLC as |
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181 | 189 | | recorded in Document No. 2014173787 of the Official Public Records |
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182 | 190 | | of Travis County, Texas; the said 134.000 acre tract is more |
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183 | 191 | | particularly described by metes and bounds as follows: |
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184 | 192 | | BEGINNING at a 1/2" iron pipe found for the northeast corner |
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185 | 193 | | of the said 148.94 acre tract, same being the southeast corner of |
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186 | 194 | | the remainder of that certain 74.8 acre tract, conveyed to Humbert |
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187 | 195 | | R. Ventura by probate as recorded in Volume 12557, Page 35 of the |
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188 | 196 | | Real Property Records of Travis County, Texas and being on the |
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189 | 197 | | northwesterly line of that certain 22.325 acre tract described as |
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190 | 198 | | Tract 3, conveyed to JMJ LLC as recorded in Document No. 2018066108 |
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191 | 199 | | of the said Official Public Records; |
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192 | 200 | | THENCE, S42°13'26"W, leaving the southwesterly line of the |
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193 | 201 | | said 74.8 acre tract, with the southeasterly line of the said 148.94 |
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194 | 202 | | acre tract and northwesterly line of the said Tract 3 and the |
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195 | 203 | | northwesterly line of that certain 22.325 acre tract (Tract III) |
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196 | 204 | | conveyed to JMJ LLC as recorded in Document No. 2017146247 of the |
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197 | 205 | | said Official Public Records, for a distance of 2266.21 feet to a |
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198 | 206 | | concrete monument found for the common southeast corner of the |
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199 | 207 | | aforesaid 148.94 acre tract and the said 22.325 acre tract, on the |
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200 | 208 | | existing northeasterly right-of-way line of Old Lockhart Road |
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201 | 209 | | (right-of-way varies); |
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202 | 210 | | THENCE, N63°07'05"E, leaving the northwesterly line of the |
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203 | 211 | | said Tract III and with the southwesterly line of the said 148.94 |
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204 | 212 | | acre tract and the northeasterly right-of-way line of Old Lockhart |
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205 | 213 | | Road, for a distance of 3685.69 feet to a 1/2" iron rod, with cap |
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206 | 214 | | marked "Capital Surveying Co. Inc.", set; |
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207 | 215 | | THENCE, N26°52'55"E, leaving the northeasterly right-of-way |
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208 | 216 | | line of Old Lockhart Road, across the said 148.94 acre tract, for a |
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209 | 217 | | distance of 704.72 feet to a 1/2" iron rod, with cap marked "Capital |
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210 | 218 | | Surveying Co. Inc.", set on the northerly line of the said 148.94 |
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211 | 219 | | acre tract same being the southerly right-of-way line of State |
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212 | 220 | | Highway 45 (SH 45) (right-of-way varies), as described to the State |
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213 | 221 | | of Texas (47.679 acres - Parcel 714) in Document No. 2007143559 of |
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214 | 222 | | the said Official Public Records, from which TxDOT brass disk found |
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215 | 223 | | on the southerly right-of-way line bears N71°13'19"W, 146.00 feet; |
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216 | 224 | | THENCE, with the common northerly line of the said 148.94 |
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217 | 225 | | acre tract and the southerly right-of-way line of SH 45, for the |
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218 | 226 | | following seven (7) courses: |
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219 | 227 | | 1) S71°13'19"E, 50.52 feet to a TxDOT brass disk found; |
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220 | 228 | | 2) S74°24'20"E. 225.01 feet to a 1/2" iron rod, with cap |
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221 | 229 | | marked "Capital Surveying Co. Inc.", set; |
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222 | 230 | | 3) S76°44'38"E, 237.76 feet to a TxDOT brass disk found for |
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223 | 231 | | the point of curvature for a non-tangent curve to the left; |
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224 | 232 | | 4) With said non-tangent curve to the left, having a central |
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225 | 233 | | angle of 24°35'52", a radius of 4174.50 feet, a chord distance of |
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226 | 234 | | 1778.43 (chord bears S85°28'34"E), passing a TxDOT brass disk found |
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227 | 235 | | at an arc distance of 807.02, for a total arc distance 1792.16 feet |
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228 | 236 | | to a TxDOT brass disk found for the point of tangency; |
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229 | 237 | | 5) N82°13'31"E, passing a TxDOT brass disk at 160.58 feet, |
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230 | 238 | | for a total distance of 380.81 feet to a TxDOT brass disk found for |
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231 | 239 | | the point of curvature for a non-tangent curve to the left; |
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232 | 240 | | 6) With said non-tangent curve to the left, having a central |
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233 | 241 | | angle of 04°12'53", a radius of 12,000.00 feet, a chord distance of |
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234 | 242 | | 882.55 feet (chord bears N84°14'58"E), for an arc distance of 882.75 |
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235 | 243 | | feet to a TxDOT brass disk found for a point non-tangency; |
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236 | 244 | | 7) N56°45'06"E, 72.87 feet to a 1/2" iron rod, with TxDOT |
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237 | 245 | | aluminum cap, found for the most easterly north corner of the said |
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238 | 246 | | 148.94 tract, same being the westerly corner of the remainder of |
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239 | 247 | | that certain 0.682 acres, described as Tract 2, recorded in |
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240 | 248 | | Document 2018156843 of the said Official Public Records; |
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241 | 249 | | THENCE, S59°42'07"E, leaving the southerly right-of-way line |
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242 | 250 | | of SH 45, with the common northeasterly line of the said 148.94 acre |
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243 | 251 | | tract and the southwesterly line of the said 0.682 acre tract, for a |
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244 | 252 | | distance of 277.84 feet to a 1/2" iron pipe found for the southeast |
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245 | 253 | | corner of the said 0.682 acre tract and southwesterly corner of the |
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246 | 254 | | aforesaid 74.8 acre tract; |
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247 | 255 | | THENCE, S59°59'13"E, with the common northwesterly line of |
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248 | 256 | | the said 148.94 acre tract and southwesterly line of the said 74.84 |
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249 | 257 | | acre tract, for a distance of 769.85 feet to the POINT OF BEGINNING, |
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250 | 258 | | CONTAINING within these metes and bounds 134.000 acres of land |
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251 | 259 | | area. |
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252 | 260 | | Basis of Bearing is the Texas State Plane Coordinate System, |
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253 | 261 | | Central Zone, NAD83 (Grid). |
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254 | 262 | | TRACT II |
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255 | 263 | | FIELDNOTE DESCRIPTION of a tract or parcel of land containing |
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256 | 264 | | 78.934 acres situated in the William P. Corbin League Survey, |
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257 | 265 | | Abstract No. 159, Travis County, Texas, being the remainder of that |
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258 | 266 | | 87 acre tract, described as Tracts 1, 2 and 3 in the deed conveyed to |
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259 | 267 | | Veleria Graef Hohertz and Arlon Wayne Graef as recorded in Document |
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260 | 268 | | No. 2017122621 of the Official Public Records of Travis County, |
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261 | 269 | | Texas; the said 78.934 acre tract is more particularly described by |
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262 | 270 | | metes and bounds as follows: |
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263 | 271 | | BEGINNING at a 1/2" iron rod, without cap, found for the |
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264 | 272 | | southeast corner of the herein described tract, same being the |
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265 | 273 | | southwest corner of that 2.728 acre tract conveyed to George A. |
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266 | 274 | | Soria by deed recorded in Volume 10335, Page 141 of the Real |
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267 | 275 | | Property Records of Travis County, Texas, and a point on the |
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268 | 276 | | existing northerly right-of-way line of Turnersville Road |
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269 | 277 | | (right-of-way varies); |
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270 | 278 | | THENCE, N62°19'41"W, leaving the westerly line of the said |
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271 | 279 | | 2.728 acre tract, with the common southerly line of the said 87 acre |
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272 | 280 | | tract and northerly right-of-way line of Turnersville Road, for a |
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273 | 281 | | distance of 1136.36 feet to a 1/2" iron rod, with cap, found for the |
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274 | 282 | | southeast corner of that 1.82 acre tract conveyed to Richard A. |
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275 | 283 | | Schmidt by deed recorded in Document No. 2019020106 of the said |
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276 | 284 | | Official Public Records; |
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277 | 285 | | THENCE, N00°29'43"W, leaving the northerly right-of-way line |
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278 | 286 | | of Turnersville Road, across the said remainder of the 87 acre |
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279 | 287 | | tract, with the easterly line of the said 1.82 acre tract, for a |
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280 | 288 | | distance of 421.83 feet to a calculated point.for the northeast |
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281 | 289 | | corner of the aforesaid 1.82 acre tract, being the southeast corner |
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282 | 290 | | of that 2.18 acre remainder of that 4.0 acre tract conveyed to |
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283 | 291 | | Robert A. Schmidt by deed recorded in Document No. 2019017058 of |
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284 | 292 | | the said Official Public Records; |
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285 | 293 | | THENCE, N00°29'43"W, leaving the northerly line of the said |
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286 | 294 | | 1.82 acre tract and continuing across the said 87 acre tract, with |
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287 | 295 | | the easterly line of the said 2.18 acre tract, for a distance of |
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288 | 296 | | 195.16 feet to a 1/2" iron pipe found for the northeast corner of |
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289 | 297 | | the aforesaid 2.18 acre tract, same being in the southerly line of |
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290 | 298 | | that 2.50 acre tract (Remainder of 4.00 acre Tracts 1 and 2), |
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291 | 299 | | conveyed to Jorge Ruiz Sanchez by deed recorded in Document |
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292 | 300 | | No. 2006008601 of the said Official Public Records; |
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293 | 301 | | THENCE, leaving the southerly line of the said 2.18 tract, |
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294 | 302 | | and continuing across the said 87 acre tract, with the southerly and |
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295 | 303 | | easterly line of the said 2.50 acre tract, for the following three |
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296 | 304 | | (3) courses |
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297 | 305 | | 1) S65°36'06"E, 41.42 feet to a 1/2" iron rod pipe found for |
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298 | 306 | | the most southerly corner of the aforesaid 2.50 acre tract; |
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299 | 307 | | 2) N12°03'22"E, 311.02 feet to a fence post for an angle |
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300 | 308 | | point; |
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301 | 309 | | 3) N03°45'59"E, 91.37 feet to a 1/2" iron pin found, no cap, |
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302 | 310 | | for the northeast corner of the aforesaid 2.50 acre tract, same |
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303 | 311 | | being the southwest corner of that 1.50 acre tract conveyed to |
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304 | 312 | | Valentin Benitez-Benitez by deed recorded in Document |
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305 | 313 | | No. 2014109464 of the said Official Public Records; |
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306 | 314 | | THENCE, leaving the northerly line of the said 2.50 acre |
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307 | 315 | | tract, across the said 87 acre tract, with the easterly and |
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308 | 316 | | northerly line of the said 1.50 acre tract, for the following two |
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309 | 317 | | (2) courses: |
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310 | 318 | | 1) N03°45'59"E, 187.42 feet to a fence corner post found for |
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311 | 319 | | corner; |
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312 | 320 | | 2) N86°49'20"W, 355.99 feet to a 1" iron rod, without cap, |
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313 | 321 | | found for the northwest corner of the aforesaid 1.50 acre tract, |
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314 | 322 | | same being on the common occupied westerly line of the 87 acre tract |
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315 | 323 | | and easterly right-of-way line of Williamson Road (right-of-way |
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316 | 324 | | varies); |
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317 | 325 | | THENCE, N00°33'27"W, leaving the northerly line of the 1.50 |
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318 | 326 | | acre tract, across the said 87 acre tract, with the easterly |
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319 | 327 | | right-of-way line of Williamson Road, for a distance of 914.74 feet |
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320 | 328 | | to a 1/2" iron rod, with cap marked "Capital Surveying Co. Inc.", |
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321 | 329 | | set for the most northerly corner of the herein described tract, |
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322 | 330 | | same being on the occupied southwest right-of way line of Old |
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323 | 331 | | Lockhart Highway (right-of-way varies); |
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324 | 332 | | THENCE, S63°21'38"E, leaving the southerly right-of-way of |
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325 | 333 | | Williamson Road, across the said 87 acre tract, with the southwest |
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326 | 334 | | right-of-way line of the Old Lockhart Highway, 2802.82 feet to a |
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327 | 335 | | 1/2" iron rod, with cap marked "Capital Surveying Co. Inc.", set for |
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328 | 336 | | the most easterly corner of the herein described tract, same being |
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329 | 337 | | the northwest corner of that 7.728 acre tract conveyed to Linda |
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330 | 338 | | Thompson and Larry D. Thompson by deed recorded in Document |
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331 | 339 | | No. 2008094501 of the said Official Public Records; |
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332 | 340 | | THENCE, leaving the southwest right-of-way line of Old |
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333 | 341 | | Lockhart Highway along the southeast line of the said 87 acre tract, |
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334 | 342 | | being the northwest line of the said 7.728 acre tract and the |
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335 | 343 | | aforesaid 2.728 acre tract, for the following four (4) courses: |
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336 | 344 | | 1) S42°01'19"W, 786.97 feet to a 1/2" iron rod, with cap |
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337 | 345 | | marked "Capital Surveying Co. Inc.", set, from which a 1/2" iron rod |
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338 | 346 | | found, no cap, bears N06°44'11"E, 1.37 feet; |
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339 | 347 | | 2) S41°46'24"W, passing at 406.30 feet the northwest corner |
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340 | 348 | | of the aforesaid 2.728 acre tract for a total distance of 449.42 |
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341 | 349 | | feet; |
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342 | 350 | | 3) S42°05'30"W, 328.50 feet to a 1/2" iron rod, with cap |
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343 | 351 | | marked "Capital Surveying Co. Inc.", set; |
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344 | 352 | | 4) S42°17'24"W, 302.91 feet to the POINT OF BEGINNING, |
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345 | 353 | | CONTAINING within these metes and bounds 78.934 acres of land area. |
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346 | 354 | | Basis of Bearing is the Texas State Plane Coordinate System, |
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347 | 355 | | Central Zone, NAD83 (Grid). |
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348 | 356 | | SECTION 3. (a) The legal notice of the intention to |
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349 | 357 | | introduce this Act, setting forth the general substance of this |
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350 | 358 | | Act, has been published as provided by law, and the notice and a |
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351 | 359 | | copy of this Act have been furnished to all persons, agencies, |
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352 | 360 | | officials, or entities to which they are required to be furnished |
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353 | 361 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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354 | 362 | | Government Code. |
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355 | 363 | | (b) The governor, one of the required recipients, has |
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356 | 364 | | submitted the notice and Act to the Texas Commission on |
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357 | 365 | | Environmental Quality. |
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358 | 366 | | (c) The Texas Commission on Environmental Quality has filed |
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359 | 367 | | its recommendations relating to this Act with the governor, the |
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360 | 368 | | lieutenant governor, and the speaker of the house of |
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361 | 369 | | representatives within the required time. |
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362 | 370 | | (d) All requirements of the constitution and laws of this |
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363 | 371 | | state and the rules and procedures of the legislature with respect |
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364 | 372 | | to the notice, introduction, and passage of this Act are fulfilled |
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365 | 373 | | and accomplished. |
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366 | 374 | | SECTION 4. (a) If this Act does not receive a two-thirds |
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367 | 375 | | vote of all the members elected to each house, Subchapter C, Chapter |
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368 | 376 | | 7951A, Special District Local Laws Code, as added by Section 1 of |
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369 | 377 | | this Act, is amended by adding Section 7951A.0306 to read as |
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370 | 378 | | follows: |
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371 | 379 | | Sec. 7951A.0306. NO EMINENT DOMAIN POWER. The district may |
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372 | 380 | | not exercise the power of eminent domain. |
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373 | 381 | | (b) This section is not intended to be an expression of a |
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374 | 382 | | legislative interpretation of the requirements of Section 17(c), |
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375 | 383 | | Article I, Texas Constitution. |
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376 | 384 | | SECTION 5. This Act takes effect immediately if it receives |
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377 | 385 | | a vote of two-thirds of all the members elected to each house, as |
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378 | 386 | | provided by Section 39, Article III, Texas Constitution. If this |
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379 | 387 | | Act does not receive the vote necessary for immediate effect, this |
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380 | 388 | | Act takes effect September 1, 2021. |
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