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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 York Valley Municipal Utility |
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District; providing authority to impose taxes and issue bonds. |
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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 8247 to read as follows: |
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CHAPTER 8247. YORK VALLEY MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8247.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the York Valley Municipal Utility |
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District. |
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Sec. 8247.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Guadalupe County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8247.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election as provided by Section 49.102, Water Code, before |
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September 1, 2014: |
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(1) the district is dissolved September 1, 2014, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Guadalupe County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8247.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
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All land and other property included in the district will benefit |
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from the improvements and services to be provided by the district. |
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(b) The district is created to accomplish: |
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(1) the purposes of a municipal utility district as |
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provided by general law; and |
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(2) to the extent authorized by Section 52, Article |
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III, Texas Constitution, the construction, acquisition, |
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improvement, maintenance, or operation of macadamized, graveled, |
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or paved roads, or improvements in aid of those roads. |
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Sec. 8247.005. 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 creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating 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 or collect an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8247.006-8247.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8247.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Except as provided by Section 8247.053, directors serve |
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staggered four-year terms. |
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Sec. 8247.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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Sec. 8247.053. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Greg Hammonds; |
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(2) Carole Baker; |
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(3) Jimmy Kull; |
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(4) Marcy Steward; and |
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(5) William Meyer. |
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(b) Unless the initial board otherwise agrees, the initial |
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directors shall draw lots to determine which two directors shall |
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serve until the first regularly scheduled election of directors and |
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which three directors shall serve until the second regularly |
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scheduled election of directors. |
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[Sections 8247.054-8247.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8247.101. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. (a) 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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(b) The district has the powers and duties necessary to |
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accomplish the purposes for which the district is created. |
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Sec. 8247.102. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, the district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads, or improvements in aid of those roads. |
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(b) A road project must meet all applicable standards, |
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regulations, and ordinances of the municipality or county in whose |
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jurisdiction the district is located. |
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Sec. 8247.103. DIVISION OF DISTRICT. (a) The district may |
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be divided into two 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) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(c) Any 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 creating 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 owners of a majority of the assessed value of real |
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property in the district according to the most recent certified |
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appraisal roll for the county in which the district is located, may |
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adopt an order dividing the district. |
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(e) 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 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 each new district. |
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(f) On or before the 30th day after the adoption of an order |
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dividing the district, the district shall file the order dividing |
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the district with the Texas Commission on Environmental Quality and |
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record the order in the real property records of the county in which |
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the district is located. |
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(g) Any 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 49.102, Water Code. |
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(h) Any new district created by the division of the district |
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must hold an election in the manner provided by Chapters 49 and 54, |
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Water Code, to obtain voter approval before the district may impose |
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a maintenance tax or issue bonds payable wholly or partly from ad |
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valorem taxes. |
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Sec. 8247.104. FIREFIGHTING AND EMERGENCY MEDICAL |
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SERVICES. (a) The district may establish, operate, and maintain, |
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or contract with another political subdivision for the joint |
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operation of, a fire department to perform all firefighting and |
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emergency medical services in the district in accordance with |
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Subchapter L, Chapter 49, Water Code. |
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(b) The district may issue bonds or impose a mandatory fee, |
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with voter approval, for financing a fire plan approved in |
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accordance with Section 49.351, Water Code, including the |
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construction and purchase of necessary buildings, facilities, |
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land, and equipment and the provision of an adequate water supply. |
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[Sections 8247.105-8247.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8247.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by revenue or contract payments from any source |
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other than ad valorem taxation. |
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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 operation and maintenance tax or |
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issue bonds payable from ad valorem taxes. |
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Sec. 8247.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8247.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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[Sections 8247.153-8247.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8247.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) 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, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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(b) The district may not issue bonds to finance projects |
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authorized by Section 8247.102 unless the issuance is approved by a |
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vote of a two-thirds majority of the voters of the district voting |
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at an election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8247.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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Sec. 8247.202. TAXES FOR BONDS. At the time bonds payable |
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wholly or partly from ad valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, without limit as to rate or amount, for each year |
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that all or part of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds as the interest |
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becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds when due or the redemption price at any |
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earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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SECTION 2. The York Valley 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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PART 1: |
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Being a 1,495.541 acre tract of land situated in the Solomon Barnes |
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Survey, Abstract No. 56, the William Burnett Survey, Abstract No. |
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73, the Wakefield & Stewart Survey, Abstract No. 326, and the |
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Gustavos Chotwell Survey, Abstract No. 85, Guadalupe County, Texas, |
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and being all of a tract called Tract Two, called 1,241.414 acres |
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described in Volume 2273, Pages 447-460, all of a 160.372 acre tract |
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described in Volume 1673, Page 158 and all of a tract called 94.118 |
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acres described in Volume 1801, Page 589, all of the Official Public |
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Records of Guadalupe County, Texas, and all bearings referred to in |
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this description are referenced to Geodetic or True North based on |
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GPS Observations, said 1,495.541 acre tract of land surveyed under |
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the supervision of Richard A. Goodwin, RPLS #4069, S. Craig |
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Hollmig, Inc., and being more particularly described as follows: |
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BEGINNING: At a 3/4" iron pipe found in the approximate Southeast |
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line of the Solomon Barnes Survey, the approximate Northwest line |
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of the William Burnett Survey, for the North corner of a 36.256 acre |
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tract recorded in Volume 1156, Pages 289-291 of the Official Public |
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Records of Guadalupe County, Texas, for a re-entrant corner of the |
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above referenced 1,241.414 acre tract, for a corner of this tract; |
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THENCE: Generally with fence, the Northwest line of said 36.256 |
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acre tract, the Southeast line of the above referenced 1,241.414 |
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acre tract, S 48° 42' 51" W at 1452.17 feet a 1/2" iron pin found in |
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the Northeast line of County Road #241 (Wade Road), and continuing a |
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total distance of 1474.61 feet to a 1/2" iron pin found for a South |
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corner of the above referenced 1241.414 acre tract, for a corner of |
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this tract; |
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THENCE: With the centerline of County Road #241 (Wade Road), a |
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Southwest line of the above referenced 1241.414 acre tract, N 42° |
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32' 02" W 10.14 feet to a 1/2" iron pin found for an interior corner |
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of the above referenced 1241.414 acre tract, for an interior corner |
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of this tract; |
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THENCE: Continuing with the centerline of County Road #241 (Wade |
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Road), S 48° 15' 01" W 725.50 feet to a 1/2" iron pin found at the |
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intersection of the centerline of County Road #241 (Wade Road), |
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with the centerline of County Road #241-A (York Creek Crossing), |
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for a South corner of the above referenced 1241.414 acre tract, for |
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the South corner of this tract; |
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THENCE: With the centerline of County Road #241-A (York Creek |
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Crossing), a Southwest line of the above referenced 1241.414 acre |
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tract, N 41° 27' 31" W 1036.00 feet to a 1/2" iron pin found for a |
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West corner of the above referenced 1241.414 acre tract, for a West |
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corner of this tract; |
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THENCE: With a Northwest line of the above referenced 1241.414 acre |
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tract, N 49° 26' 38" E 22.56 feet to a 4" pipe post situated on the |
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North line of said County Road #241-A (York Creek Crossing), for |
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South corner of the above referenced 94.118 acre tract, for a corner |
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of this tract; |
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THENCE: With the North line of County Road #241-A (York Creek |
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Crossing), the Southwest line of the above referenced 94.118 acre |
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tract, N 41° 07' 48" W 2175.16 feet to a 10" corner post in same, for |
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the West corner of the above referenced 94.118 acre tract, the South |
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corner of the above referenced 160.372 acre tract, for a corner of |
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this tract; |
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THENCE: Continuing with the North line of County Road #241-A (York |
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Creek Crossing), the South line of the above referenced 160.372 |
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acre tract, N 41° 30' 48" W 137.47 feet to a 1 1/2" pipe post, N 41° |
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03' 33" W 1036.19 feet to a 2" pipe post, N 40° 49' 39" W 260.40 feet |
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to a 3" pipe post and N 41° 32' 52' W 58.16 feet to a 3" pipe post, and |
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N 40° 36' 14" W 706.44 feet to a 1/2" iron pin found in same, for the |
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South corner of a 100.00 acre tract recorded in Volume 1650, Page |
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762 of the Official Public Records of Guadalupe County, Texas, for a |
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West corner of the above referenced 160.372 acre tract, for a West |
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corner of this tract; |
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THENCE: Leaving County Road #241-A (York Creek Crossing), N 49° 23' |
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38" E 3270.85 feet to a 1/2" iron pin found for the East corner of |
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said 100.00 acre tract, the North corner of the above referenced |
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160.372 acre tract, situated on the Southwest line of the above |
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referenced 1241.414 acre tract, for an interior corner of this |
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tract; |
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THENCE: With said Southwest line, N 41° 28' 20" W 1007.42 feet to a |
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3" pipe post for an interior corner of that certain 206.749 acre |
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tract, Exhibit "H", recorded in Volume 1245, Pages 217-243 of the |
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Official Public Records of Guadalupe County, Texas, for the West |
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corner of the above referenced 1241.414 acre tract, for a West |
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corner of this tract; |
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THENCE: With fence, the Northwest line of the above referenced |
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1241.414 acre tract, as follows: |
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N 48° 38' 58" E 888.68 feet, a 1/2" iron pin found |
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N 48° 27' 59" E 1295.63 feet, a 1/2" iron pin found |
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N 48° 25' 29" E 1476.85 feet, a 1/2" iron pin found |
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N 48° 19' 29" E 1445.81 feet, a 1/2" iron pin found |
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N 48° 14' 16" E 1389.77 feet, a 3" pipe post in the Southwest |
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line of County Road #242 (Bylerpool Road), for the North corner of |
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the above referenced 1241.414 acre tract, for the North corner of |
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this tract; |
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THENCE: With the Southwest line of County Road #242 (Bylerpool |
|
Road), a Northeast line of the above referenced 1241.414 acre |
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tract, S 41° 16' 03" E 18.26 feet to a 1/2" iron pin found for an |
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interior corner of the above referenced 1241.414 acre tract, for an |
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interior corner of this tract; |
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THENCE: Into said County Road #242 (Bylerpool Road), with a |
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Northwest line of the above referenced 1241.414 acre tract, N 49° |
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25' 04" E 22.50 feet to a 1/2" iron pin found in the centerline of |
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County Road #242 (Bylerpool Road), for the West corner of a 582.060 |
|
acre tract, called Tract One, described in Volume 2273, Page 447 of |
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the Official Public Records of Guadalupe County, Texas, for a North |
|
corner of this tract; |
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THENCE: With the centerline of County Road #242 (Bylerpool Road), |
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the Southwest line of said 582.060 acre tract, S 40° 46' 35" E |
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6174.46 feet to a P.K. nail found in same, for an East corner of the |
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above referenced 1241.414 acre tract, for an East corner of this |
|
tract; |
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THENCE: With the common line between the above referenced 1241.414 |
|
acre tract and an 89.24 acre tract recorded in Volume 1125, Pages |
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269-272 of the Official Public Records of Guadalupe County, Texas, |
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S 47° 39' 53" W at 22.74 feet a 1/2" iron pin found and continuing a |
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total distance of 883.08 feet to a 1/2" iron pin found and |
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continuing with said common line, S 40° 44' 14" E 1010.58 feet to a |
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1/2" iron pin found, S 48° 45' 15" W 4335.00 feet to a 1/2" iron pin |
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found, and S 42° 05' 24" E at 318.26 feet, a 1/2" iron pin found at a |
|
corner post at the North corner of County Road #241 (Wade Road), and |
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continuing a total distance of 335.72 feet to a 1/2" iron pin found |
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for an East corner of the above referenced 1241.414 acre tract, for |
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an East corner of this tract; |
|
THENCE: With the centerline of County Road #241 (Wade Road), a |
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Southeast line of the above referenced 1241.414 acre tract, S 49° |
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13' 22" W 2346.24 feet to a 1/2" iron pin found in same, for a South |
|
corner of the above referenced 1241.414 acre tract, for a South |
|
corner of this tract; |
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THENCE: With a Southwest line of the above referenced 1241.414 acre |
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tract, the Northeast line of the above referenced 36.256 acre |
|
tract, N 41° 21' 18" W at 17.20 feet a 1/2" iron pin found in the |
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Northwest line of County Road #241 (Wade Road), and continuing a |
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total distance of 1113.55 feet to the Point of Beginning and |
|
containing 1,495.541 acres of land, more or less. |
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PART 2: |
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Being a 581.850 acre tract of land, being approximately 144.81 |
|
acres out of the Gustavos Chotwell Survey, Abstract No. 85 and |
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approximately 437.04 acres out of the George Allen Survey, Abstract |
|
No. 1, Guadalupe County, Texas, said 581.850 acre tract being the |
|
same tract, called Tract One, called 582.060 acres, as described in |
|
Volume 2273, Pages 447-460 of the Official Public Records of |
|
Guadalupe County, Texas, and all bearings referred to are based |
|
upon Geodetic or True North from GPS observations, said 581.850 |
|
acre tract of land surveyed under the supervision of Richard A. |
|
Goodwin, RPLS #4069, S. Craig Hollmig, Inc., and being more |
|
particularly described as follows: |
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BEGINNING: At a 5/8" iron bar found in the center of a creek, in the |
|
South line of a 250 acre tract described in Volume 1272, Pages |
|
171-173 of the Official Public Records of Guadalupe County, Texas, |
|
for the East corner of a 253.25 acre tract described in Volume 895, |
|
Pages 546-548 of the Official Public Records of Guadalupe County, |
|
Texas, for the North corner of the above referenced 582.060 acre |
|
tract, for the North corner of this tract; |
|
THENCE: With an unfenced line, the South line of said 250 acre |
|
tract, the North line of the above referenced 582.060 acre tract, S |
|
86° 25' 20" E 721.72 feet to a 3/4" iron pipe found in the Northwest |
|
line of a 250 acre tract described in Volume 1275, Pages 995-999 of |
|
the Official Public Records of Guadalupe County, Texas, for a |
|
Southeast corner of said 250 acre tract (1272/171-173), for a |
|
Northeast corner of the above referenced 582.060 acre tract, for a |
|
Northeast corner of this tract; |
|
THENCE: With a West line of said 250 acre tract (1275/995-999), the |
|
East line of the above referenced 582.060 acre tract, S 10° 05' 03" E |
|
30.78 feet to a 1/2" iron pin found and continuing with the |
|
Southeast line of the above referenced 582.060 acre tract, S 75° 34' |
|
44" W 545.80 feet to a 1/2" iron pin found and S 49° 07' 04" W 1884.77 |
|
feet to a 1/2" iron pin found at a fence corner post, for the West |
|
corner of said 250 acre tract (1275/995-999), a re-entry corner of |
|
the above referenced 582.060 acre tract, for a corner of this tract; |
|
THENCE: Generally with fence, the Southwest line of said 250 acre |
|
tract (1275/995-999), the Northeast line of the above referenced |
|
582.060 acre tract, S 40° 48' 01" E 4203.59 feet to a 1/2" iron pin |
|
found in the Northwest line of a 208 acre tract described in Volume |
|
242, Pages 569-570 of the Deed Records of Guadalupe County, Texas, |
|
for an East corner of the above referenced 582.060 acre tract, for |
|
an East corner of this tract; |
|
THENCE: Generally with fence, the Northwest and Southwest lines of |
|
said 208 acre tract, S 48° 35' 34" W 1167.35 feet to a 3" pipe post |
|
and S 41° 20' 40" E 1069.00 feet to a 1/2" iron pin found for the |
|
North corner of a 116 acre tract recorded in Volume 525, Pages |
|
150-152 of the Deed Records of Guadalupe County, Texas, for an East |
|
corner of the above referenced 582.060 acre tract, for an East |
|
corner of this tract; |
|
THENCE: Generally with fence, the Northwest line of said 116 acre |
|
tract, S 48° 41' 07" W 3430.99 feet to a P.K. nail found in the |
|
centerline of Bylerpool Road (County Road #242), for the South |
|
corner of the above referenced 582.060 acre tract, for the South |
|
corner of this tract; |
|
THENCE: With the centerline of Bylerpool Road (County Road #242), |
|
the Southwest line of the above referenced 582.060 acre tract, N 40° |
|
46' 35" W at 203.75 feet a P.K. nail found in same, for the East |
|
corner of that certain 1,241.414 acre tract, called Tract Two, |
|
described in Volume 2273, Page 447 of the Official Public Records of |
|
Guadalupe County, Texas, and continuing a total distance of 6378.22 |
|
feet to a 1/2" iron pin found for the North corner of said 1,241.414 |
|
acre tract, the West corner of the above referenced 582.060 acre |
|
tract, for the West corner of this tract; |
|
THENCE: With the centerline of Bylerpool Road (County Road #242), a |
|
Northwest line of the above referenced 582.060 acre tract, N 49° 25' |
|
04" E 476.65 feet to a 1/2" iron pin found for a North corner of the |
|
above referenced 582.060 acre tract, for the North corner of this |
|
tract; |
|
THENCE: With a Northeast line of the above referenced 582.060 acre |
|
tract, S 41° 22' 01" E 773.33 feet to a 3" pipe post for the South |
|
corner of a 253.25 acre tract described in Volume 895, Pages 546-548 |
|
of the Official Public Records of Guadalupe County, Texas, for a |
|
corner of this tract; |
|
THENCE: With the Southeast line of said 253.25 acre tract, the |
|
Northwest line of the above referenced 582.060 acre tract, |
|
generally with fence, N 49° 14' 57" E 4101.85 feet to a 1/2" iron pin |
|
found and N 48° 58' 09" E 1872.83 feet to the Point of Beginning and |
|
containing 581.850 acres of land, more or less. |
|
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. 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, 2007. |