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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Wildwood Municipal Utility |
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District; 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 7946A to read as follows: |
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CHAPTER 7946A. WILDWOOD MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7946A.0101. 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 Wildwood Municipal Utility |
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District. |
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Sec. 7946A.0102. 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. 7946A.0103. CONFIRMATION AND DIRECTOR 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. 7946A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7946A.0103 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. 7946A.0105. 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. 7946A.0106. 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. 7946A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7946A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7946A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Byron Frankland; |
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(2) Billy Wayne (Trey) Newby III; |
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(3) John Azar; |
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(4) Fred Nagel; and |
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(5) Suzan Leigh Randall. |
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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 7946A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7946A.0103 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 7946A.0103; 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. 7946A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7946A.0302. 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. 7946A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, and if approved at an |
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election held under Section 53.029(c), Water Code, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads inside or outside the district. |
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Sec. 7946A.0304. 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. 7946A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 7946A.0306. DIVISION OF DISTRICT. (a) The district |
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may be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by |
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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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7946A.0103 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory 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 new districts. |
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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 7946A.0103. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) A 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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(k) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7946A.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7946A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7946A.0403. |
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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. 7946A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7946A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 7946A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7946A.0501. 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. 7946A.0502. 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. 7946A.0503. 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 Wildwood Municipal Utility District |
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initially includes all the territory contained in the following |
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area: |
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DESCRIPTION OF APPROXIMATELY 418.30 ACRES OF LAND IN THE JOSE |
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ANTONIO NAVARRO GRANT, ABSTRACT NO. 53, BASTROP COUNTY, TEXAS; |
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BEING ALL OF A CERTAIN CALLED 121.72 ACRE TRACT DESCRIBED IN THE |
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SPECIAL WARRANTY DEED TO HAL BERDOLL AND WIFE, LISA BERDOLL OF |
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RECORD IN DOCUMENT NO. 201413308, OFFICIAL PUBLIC RECORDS OF |
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BASTROP COUNTY, TEXAS, ALL OF A CERTAIN CALLED 168.95 ACRE TRACT |
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DESIGNATED AS TRACT 4 AND DESCRIBED IN THE SPECIAL WARRANTY DEED TO |
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HAL BERDOLL AND WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO. |
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201413307, OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, A |
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PORTION OF A CERTAIN CALLED 1.98 ACRE TRACT DESIGNATED AS TRACT 1 |
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AND DESCRIBED IN THE SAID SPECIAL WARRANTY DEED TO HAL BERDOLL AND |
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WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO. 201413307, OFFICIAL |
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PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, A PORTION OF A CERTAIN |
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CALLED 67.83 ACRE TRACT DESIGNATED AS TRACT 2 AND DESCRIBED IN THE |
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SAID SPECIAL WARRANTY DEED TO HAL BERDOLL AND WIFE, LISA BERDOLL OF |
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RECORD IN DOCUMENT NO. 201413307, OFFICIAL PUBLIC RECORDS OF |
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BASTROP COUNTY, TEXAS, ALL OF A CERTAIN CALLED 0.64 ACRE TRACT |
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DESCRIBED IN EXHIBIT A-1 , AND A PORTION OF A CERTAIN CALLED 1.21 |
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ACRE TRACT DESCRIBED IN EXHIBIT A-2, IN THE DEED WITHOUT WARRANTY TO |
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HAL BERDOLL AND WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO. |
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201413309, OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, ALL OF |
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A CERTAIN CALLED 62.586 ACRE TRACT DESCRIBED IN EXHIBIT A-2, IN THE |
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GENERAL WARRANTY DEED TO BERDOLL INVESTMENTS LP OF RECORD IN |
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DOCUMENT NO. 201312598, OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, |
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TEXAS, ALL OF A CERTAIN CALLED 24.012 ACRE TRACT DESIGNATED AS TRACT |
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2 AND DESCRIBED IN EXHIBIT B, IN THE GENERAL WARRANTY DEED TO HAL |
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BERDOLL AND WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO. 201510944, |
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OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, A PORTION OF A |
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CERTAIN CALLED 6.177 ACRE TRACT DESIGNATED AS TRACT 1 AND DESCRIBED |
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IN EXHIBIT A, IN THE SAID GENERAL WARRANTY DEED TO HAL BERDOLL AND |
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WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO. 201510944, OFFICIAL |
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PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, A PORTION OF A CERTAIN |
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CALLED 0.306 ACRE TRACT DESCRIBED IN THE SPECIAL WARRANTY DEED TO |
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HAL BERDOLL AND WIFE, LISA BERDOLL OF RECORD IN DOCUMENT NO. |
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201111355, DOCUMENT NO. 201701630, AND DOCUMENT NO. 201701631, |
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OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS; SAID 418.30 ACRES |
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OF LAND, BEING COMPRISED OF TRACT 1 - 449.03 ACRES, AND TRACT 2 - |
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5.563 ACRES, SAVE AND EXCEPT TRACT 3 - 35.66 ACRES, AND SAVE AND |
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EXCEPT TRACT 4 - 0.637, AS SURVEYED BY LANDDEV CONSULTING, LLC, |
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BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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TRACT 1 - 449.03 Acres |
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BEGINNING at a bolt found in the south right-of-way line of |
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State Highway 71, a variable-with right-of-way, at the northeast |
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corner of the said 62.586 acre tract, same being the northwest |
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corner of Lot 1, JW Subdivision, a subdivision according to the plat |
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or map of record in Cabinet 7, Page 68-A, Plat Records of Bastrop |
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County, Texas, for the northeast corner of the tract described |
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herein; |
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THENCE with the east line of the said 62.586 acre tract, and |
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the west line of said Lot 1, JW Subdivision, with an east line of the |
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tract described herein, the following two (2) courses and |
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distances: |
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1. S 28°22'06" W, a distance of 604.12 feet to a calculated |
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angle point at the southwest corner of said Lot 1, JW Subdivision, |
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for an angle point in an east line of the tract described herein, |
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and |
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2. S 27°42'48" W, at a distance of 2,184.16 feet, passing a |
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1/2-inch iron rod and continuing for a total distance of 2,185.28 |
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feet to an axle found in the north line of a certain called 1,443.0 |
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acre tract designated as Second Tract and described in the deed to |
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John W. Caldwell, Jr. of record in Document No. 201816538, Official |
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Public Records of Bastrop County, Texas, for the easterly southeast |
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corner of the tract described herein; |
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THENCE with a south line of the said 62.586 acre tract, the |
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south line of the said 67.83 acre tract, and the south line of the |
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said 0.64 acre tract, with the north line of the said 1,443.0 acre |
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tract, with a south line of the tract described herein, the |
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following four (4) courses and distances: |
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1. N 62°30'36" W, a distance of 578.60 feet to a 1/2-inch |
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iron rod found at an angle point, |
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2. N 62°05'35" W, a distance of 422.69 feet to a 1-inch |
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square iron rod found at an angle point, |
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3. N 62°07'59" W, a distance of 1,883.16 feet to a 5/8-inch |
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iron rod with a red illegible plastic cap found at a point-on-line, |
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and |
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4. N 62°07'59" W, a distance of 27.48 feet to a 3-inch metal |
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fence post found in the east line of the said 168.95 acre tract, at |
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the southwest corner of the said 0.64 acre tract, for a re-entrant |
|
|
corner of the tract described herein, |
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THENCE with the east line of the said 168.95 acre tract, and |
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the east line of the said 121.72 acre tract, with the west line of |
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the said 1,443.0 acre tract, with an east line of the tract |
|
|
described herein, the following three (3) courses and distances: |
|
|
1. S 27°33'16" W, a distance of 1,350.13 feet to a 1/2-inch |
|
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iron rod found at an angle point, |
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|
2. S 27°33'46" W, a distance of 2,962.00 feet to a leaning |
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1/2-inch iron rod found at the southeast corner of the said 168.95 |
|
|
acre tract and the northeast corner of the said 121.72 acre tract, |
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and |
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3. S 27°20'28" W, a distance of 2,815.27 feet to a 1-inch |
|
|
iron pipe found in the north line of a certain called 769.524 acre |
|
|
tract designated as Tract 2 and described in the deed to Carr Family |
|
|
Partnership, LTD. of record in Volume 736, page 233, Official |
|
|
Public Records of Bastrop County, Texas, at the southeast corner of |
|
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the said 121.72 acre tract, for the southerly southeast corner of |
|
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the tract described herein; |
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THENCE N 62°35'22" W, with the north line of the said 769.524 |
|
|
acre tract, with the south line of the said 121.72 acre tract, with |
|
|
a south line of the tract described herein, a distance of 1,884.51 |
|
|
feet to a 1/2-inch iron rod found in the east line of a certain |
|
|
called 951.10 acre tract described in the deed to Carr Family |
|
|
partnership, LTD. of record in Document No. 956, Page 441, Deed |
|
|
Records of Bastrop County, Texas, at the southwest corner of the |
|
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said 121.72 acre tract, for the southwest corner of the tract |
|
|
described herein; |
|
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THENCE N 27°17'56" E, leaving the north line of the said |
|
|
769.524 acre tract, with the east line of the said 951.10 acre |
|
|
tract, with the west line of the said 121.72 acre tract, with the |
|
|
west line of the tract described herein, a distance of 2,809.87 feet |
|
|
to a calculated point for the northwest corner of the said 121.72 |
|
|
acre tract and the southwest corner of the said 168.95 acre tract, |
|
|
for an angle point in the west line of the tract described herein; |
|
|
THENCE with the west and north lines of the said 168.95 acre |
|
|
tract, with the west and north lines of the tract described herein, |
|
|
the following four (4) courses and distances: |
|
|
1. N 27°21'42" E, with the east line of the said 951.10 acre |
|
|
tract, a distance of 3,164.61 feet to a 1/2-inch iron pipe found at |
|
|
the westerly northwest corner of the said 168.95 acre tract and the |
|
|
southwest corner of a certain called 48.634 acre tract described in |
|
|
the deed to Clarence L. Vinklarek et. Ux. of record in Volume 217, |
|
|
Page 208, Deed Records of Bastrop County, Texas, |
|
|
2. S 62°34'59" E, with the south line of the said 48.634 acre |
|
|
tract, a distance of 1,225.65 feet to a 1/2-inch iron pipe found at |
|
|
a re-entrant corner, |
|
|
3. N 27°27'06" E, a distance of 2,050.44 feet to a 1/2-inch |
|
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iron rod found at the northerly northwest corner of the said 168.95 |
|
|
acre tract, same being the southwest corner of a certain called |
|
|
6.667 acre tract described in the gift deed to Katie Frerich |
|
|
Karnstadt of record in Document No. 201406127, Official Public |
|
|
Records of Bastrop County, Texas, and |
|
|
4. S 62°32'13" E, with the south line of the said 6.667 acre |
|
|
tract, and the south line of a certain called 3.707 acre tract |
|
|
described in the deed to Robert Frerich and Tamara Frerich of record |
|
|
in Document No. 200112158, Official Public Records of Bastrop |
|
|
County, Texas, a distance of 670.10 feet to a 1/2-inch iron pipe |
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|
found at the northeast corner of the said 168.95 acre tract, and the |
|
|
southeast corner of the said 3.707 acre tract, same being the |
|
|
southwest corner of the said 1.21 acre tract, for a re-entrant |
|
|
corner of the tract described herein; |
|
|
THENCE N 27°31'42" E, with the west line of the said 1.21 acre |
|
|
tract, and the east line of the said 3.707 acre tract, with the west |
|
|
line of the tract described herein, a distance of 1,629.03 feet to a |
|
|
calculated point for the northwest corner of the said 1.21 acre |
|
|
tract, for a northwest corner of the tract described herein; |
|
|
THENCE S 78°22'38" E, a distance of 31.12 feet to a bent 1-inch |
|
|
iron pipe found at the northeast corner of the said 1.21 acre tract |
|
|
and the northwest corner of the said 1.98 acre tract, for a |
|
|
northwest corner of the tract described herein; |
|
|
THENCE S 77°54'08" E, with the north line of the said 1.98 acre |
|
|
tract, with a north line of the tract described herein, a distance |
|
|
of 363.53 feet to a 1-1/2-inch iron pipe found at the northeast |
|
|
corner of the said 1.98 acre tract, same being the northerly |
|
|
northwest corner of a certain tract designated as Tract Two and |
|
|
described in the deed to Lina Sue West of record in Document |
|
|
No. 20190184, Official Public Records of Bastrop County, Texas, for |
|
|
a northeast corner of the tract described herein; |
|
|
THENCE with an east and south line of the said 1.98 acre |
|
|
tract, with a west and north line of the said Second Tract, with an |
|
|
east and south line of the tract described herein, the following two |
|
|
(2) courses and distances: |
|
|
1. S 26°56'38" W, a distance of 241.66 feet to a calculated |
|
|
point for the southeast corner of the said 1.98 acre tract, and |
|
|
2. N 79°19'42" W, a distance of 366.39 feet to a bent 1-inch |
|
|
iron pipe found in the east line of the said 1.21 acre tract, at the |
|
|
southwest corner of the said 1.98 acre tract, for a re-entrant |
|
|
corner of the tract described herein; |
|
|
THENCE S 27°21'26" W, with the west line of the said Second |
|
|
Tract, with the east line of the said 1.21 acre tract, with the west |
|
|
line of the tract described herein, a distance of 812.51 feet to a |
|
|
5/8-inch iron rod found at the southwest corner of the said Second |
|
|
Tract, and the westerly northwest corner of the said 67.83 acre |
|
|
tract for a re-entrant corner of the tract described herein; |
|
|
THENCE with the south and east line of the said Second Tract, |
|
|
with a north and west line of the said 67.83 acre tract, with a north |
|
|
and west line of the tract described herein, the following two (2) |
|
|
courses and distances: |
|
|
1. S 62°08'29" E, a distance of 1,149.03 feet to an 8-inch |
|
|
fence post found at the southeast corner of the said Second Tract |
|
|
and a re-entrant corner of the said 67.83 acre tract, and |
|
|
2. N 28°26'14" E, a distance of 1,440.02 feet to a calculated |
|
|
point for the northeast corner of the said Second Tract, and a |
|
|
northwest corner of the said 67.83 acre tract, for a northwest |
|
|
corner of the tract described herein; |
|
|
THENCE with the south right-of-way line of said State Highway |
|
|
71, with the north line of the said 67.83 acre tract, with the north |
|
|
line of the said 24.012 acre tract, and with the north line of the |
|
|
said 62.586 acre tract, with the north line of the tract described |
|
|
herein, the following six (6) courses and distances: |
|
|
1. S 76°31'21" E, a distance of 22.68 feet to a fence post |
|
|
found at an angle point, |
|
|
2. S 79°43'49" E, a distance of 101.07 feet to a Texas |
|
|
Department of Transportation (TxDOT) Type-I concrete monument |
|
|
found at a point-of-curvature, |
|
|
3. With the arc of a curve to the right, having a radius of |
|
|
2,755.03 feet, an arc distance of 189.73 feet, and a chord which |
|
|
bears S 78°28'39" E, a distance of 189.70 feet to a calculated |
|
|
non-tangent end of curve, |
|
|
4. S 53°05'32" E, a distance of 454.67 feet to a Texas |
|
|
Department of Transportation (TxDOT) Type-I concrete monument |
|
|
found at an angle point, |
|
|
5. S 55°16'20" E, a distance of 69.16 feet to a calculated |
|
|
angle point, and |
|
|
6. S 54°07'31" E, a distance of 918.17 feet to the POINT OF |
|
|
BEGINNING and containing 449.03 acres of land, more or less. |
|
|
TRACT 2 - 5.563 Acres |
|
|
BEGINNING at a Texas Department of Transportation (TxDOT) |
|
|
Type-II concrete monument found in the south right-of-way line of |
|
|
State Highway 71, a variable-width right-of-way, in the north line |
|
|
of the said 6.177 acre tract, at the northeast corner of a certain |
|
|
called 0.9152 acre tract designated as Parcel 26 and described in |
|
|
the deed to the State of Texas of record in Document No. 202005708, |
|
|
Official Public Records of Bastrop County, Texas, for a northwest |
|
|
corner an POINT OF BEGINNING of the tract described herein; |
|
|
THENCE S 59°57'55" E, a distance of 722.58 feet to a |
|
|
calculated point for the east corner of the said 6.177 acre tract, |
|
|
for the east corner of the tract described herein; |
|
|
THENCE with the north line of the vacated portion of State |
|
|
Highway 71, with the south line of the said 6.177 acre tract, and |
|
|
with the south line of the said 0.306 acre tract, with the south |
|
|
line of the tract described herein, the following three (3) courses |
|
|
and distances: |
|
|
1. N 80°14'31" W, at a distance of 906.31 feet, passing a |
|
|
Texas Department of Transportation (TxDOT) Type-I concrete |
|
|
monument found at a point-on-line, and continuing for a total |
|
|
distance of 1,060.87 feet to a Texas Department of Transportation |
|
|
(TxDOT) Type-I concrete monument found at a point-of-curvature, |
|
|
2. With the arc of a curve to the right, having a radius of |
|
|
1,504.75 feet, an arc distance of 214.68 feet, and a chord which |
|
|
bears N 77°15'23" W, a distance of 214.50 feet to a calculated point |
|
|
for the southeast corner of the said 0.306 acre tract, for a point |
|
|
of compound-curvature in the south line of the tract described |
|
|
herein, and |
|
|
3. With the arc of a curve to the right, having a radius of |
|
|
1,858.52 feet, an arc distance of 30.16 feet, and a chord which |
|
|
bears N 72°08'53" W, a distance of 30.16 feet to a calculated point |
|
|
in the east line of a certain called 3.707 acre tract described in |
|
|
the deed to Robert Frerich and Tamara Frerich of record in Document |
|
|
No. 200112158, Official Public Records of Bastrop County, Texas, |
|
|
for the southwest corner of the said 0.306 acre tract, for the |
|
|
southwest corner of the tract described herein; |
|
|
THENCE N 27°36'14" E, with the west line of the said 0.306 acre |
|
|
tract and the east line of the said 3.707 acre tract, with the west |
|
|
line of the tract described herein, a distance of 371.91 feet to an |
|
|
iron rod with a 2-inch aluminum cap stamped "TxDOT" found at the |
|
|
southwest corner of the said 0.9152 acre tract, for the westerly |
|
|
northwest corner of the tract described herein; |
|
|
THENCE leaving the west line of the said 3.707 acre tract, |
|
|
crossing the said 0.306 acre tract and the said 6.177 acre tract, |
|
|
with the south and east lines of the said 0.9152 acre tract, with |
|
|
the north and west lines of the tract described herein, the |
|
|
following five (5) courses and distances: |
|
|
1. S 59°59'51" E, a distance of 122.61 feet to a Texas |
|
|
Department of Transportation (TxDOT) Type-II concrete monument |
|
|
found at an angle point, |
|
|
2. S 52°51'00" E, a distance of 201.55 feet to a Texas |
|
|
Department of Transportation (TxDOT) Type-II concrete monument |
|
|
found at an angle point, |
|
|
3. S 68°35'00" E, a distance of 101.08 feet to a Texas |
|
|
Department of Transportation (TxDOT) Type-II concrete monument |
|
|
found at an angle point, |
|
|
4. S 59°56'27" E, a distance of 100.02 feet to a Texas |
|
|
Department of Transportation (TxDOT) Type-II concrete monument |
|
|
found at an angle point, and |
|
|
5. N 30°04'14" E, a distance of 75.98 feet to the POINT OF |
|
|
BEGINNING and containing 5.563 acres of land, more or less. |
|
|
TRACT 3 - SAVE AND EXCEPT 35.66 Acres |
|
|
BEGINNING at a 5/8-inch iron rod found at the westerly |
|
|
northwest corner of the said 67.83 acre tract, in the west line of |
|
|
the said 1.21 acre tract, same being the southwest corner of a |
|
|
certain tract designated as Tract Two and described in the deed to |
|
|
Lina Sue West of record in Document No. 20190184, Official Public |
|
|
Records of Bastrop County, Texas, for the northwest corner and |
|
|
POINT OF BEGINNING of the tract described herein; |
|
|
THENCE S 62°08'29" E, with the south line of the said Second |
|
|
Tract, with a north line of the said 67.83 acre tract, a distance of |
|
|
581.20 feet to a calculated point for the northeast corner of the |
|
|
tract described herein; |
|
|
THENCE leaving the south line of the said Second Tract, |
|
|
crossing the said 67.83 acre tract, with the east line of the tract |
|
|
described herein, the following two (2) courses and distances: |
|
|
1. S 05°37'30" E, a distance of 1,151.62 feet to a calculated |
|
|
angle point, and |
|
|
2. S 01°52'30" E, a distance of 587.94 feet to a calculated |
|
|
point in the north line of a certain called 1,443.0 acre tract |
|
|
designated as Second Tract and described in the deed to John W. |
|
|
Caldwell, Jr. of record in Document No. 201816538, Official Public |
|
|
Records of Bastrop County, Texas, in the south line of the said |
|
|
67.83 acre tract, for the southeast corner of the tract described |
|
|
herein; |
|
|
THENCE N 62°07'59" W, with the north line of the said 1,443.0 |
|
|
acre tract, with the south line of the said 67.83 acre tract, with |
|
|
the south line of the tract described herein, a distance of 1,501.62 |
|
|
feet to a 5/8-inch iron rod with a red illegible plastic cap found |
|
|
at the southwest corner of the said 67.83 acre tract and the |
|
|
northwest corner of the said 1,443.0 acre tract, same being the |
|
|
southeast corner of the said 0.64 acre tract, for the southwest |
|
|
corner of the tract described herein; |
|
|
THENCE with the west line of the said 67.83 acre tract, with |
|
|
the east line of the said 0.64 acre tract, and with the east line of |
|
|
the said 1.21 acre tract, the following two (2) courses and |
|
|
distances: |
|
|
1. N 27°39'37" E, a distance of 897.17 feet to a 1/2-inch |
|
|
iron pipe found at the northeast corner of the said 0.64 acre tract |
|
|
and the southeast corner of the said 1.21 acre tract, and |
|
|
2. N 27°31'04" E, a distance of 573.66 feet to the POINT OF |
|
|
BEGINNING and containing 35.66 acres of land, more or less. |
|
|
TRACT 4 - SAVE AND EXCEPT 0.637 Acres |
|
|
COMMENCING at a 5/8-inch iron rod found at the westerly |
|
|
northwest corner of the said 67.83 acre tract, in the west line of |
|
|
the said 1.21 acre tract, same being the southwest corner of a |
|
|
certain tract designated as Tract Two and described in the deed to |
|
|
Lina Sue West of record in Document No. 20190184, Official Public |
|
|
Records of Bastrop County, Texas; |
|
|
THENCE N 27°21'26" E, with the west line of the said Tract Two, |
|
|
with the east line of the said 1.21 acre tract, a distance of 33.58 |
|
|
feet to the southeast corner and POINT OF BEGINNING of the tract |
|
|
described herein; |
|
|
THENCE N 62°53'25" W, leaving the west line of the said Tract |
|
|
Two, crossing the said 1.21 acre tract, with the south line of the |
|
|
tract described herein, a distance of 34.50 feet to a calculated |
|
|
point in the west line of the said 1.21 acre tract, and the east line |
|
|
of a certain called 3.707 acre tract described in the deed to Robert |
|
|
Frerich and Tamara Frerich of record in Document No. 200112158, |
|
|
Official Public Records of Bastrop County, Texas for the southwest |
|
|
corner of the tract described herein; |
|
|
THENCE N 27°31'42" E, with the west line of the said 1.21 acre |
|
|
tract, with the east line of the said 3.707 acre tract, with the |
|
|
west line of the tract described herein, a distance of 848.65 feet |
|
|
to a calculated point, for the northwest corner of the tract |
|
|
described herein; |
|
|
THENCE S 09°12'05" E, leaving the east line of the said 3.707 |
|
|
acre tract, crossing the said 1.21 acre tract, with the north line |
|
|
of the tract described herein, a distance of 53.40 feet to a |
|
|
calculated point in the east line of the said 1.21 acre tract and |
|
|
the west line of the said 1.98 acre tract, for a point-on-line in |
|
|
the north line of the tract described herein; |
|
|
THENCE S 09°12'05" E, leaving the east line of the said 1.21 |
|
|
acre tract, crossing the said 1.98 acre tract, with the north line |
|
|
of the tract described herein, a distance of 27.22 feet to a |
|
|
calculated point in the south line of the said 1.98 acre tract, and |
|
|
the north line of the said Tract Two, for an angle point of the tract |
|
|
described herein; |
|
|
THENCE N 79°19'42" W, with the south line of the said 1.98 acre |
|
|
tract, with the north line of the said Tract Two, with a south line |
|
|
of the tract described herein, a distance of 16.76 feet to a bent |
|
|
1-inch iron pipe found in the east line of the said 1.21 acre tract, |
|
|
at the southwest corner of the said 1.98 acre tract, and the |
|
|
westerly northwest corner of the said Tract Two, for a re-entrant |
|
|
corner of the tract described herein; |
|
|
THENCE S 27°21'26" W, with the west line of said Tract Two, |
|
|
with the east line of the said 1.21 acre tract, with the east line of |
|
|
the tract described herein, a distance of 778.93 feet to the POINT |
|
|
OF BEGINNING and containing 0.637 acres of land, more or less. |
|
|
FOR A TOTAL AREA OF 418.30 ACRES BEING ALL OF TRACT 1 AND |
|
|
TRACT 2, SAVE AND EXCEPT TRACT 3 AND TRACT 4 DESCRIBED HEREIN. |
|
|
Bearing Basis: Texas Coordinate System, Central Zone (4203), |
|
|
NAD 83(2011), Grid. |
|
|
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 |
|
|
7946A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7946A.0307 to read as |
|
|
follows: |
|
|
Sec. 7946A.0307. 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 immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2021. |