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A BILL TO BE ENTITLED
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AN ACT
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relating to the name, validation, administration, powers, duties, |
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operation, financing, and conversion of the Medina County Fresh |
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Water Supply District No. 1; providing authority to 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 8270 to read as follows: |
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CHAPTER 8270. MEDINA COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8270.001. 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 Medina County Fresh Water |
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Supply District No. 1. |
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Sec. 8270.002. NATURE OF DISTRICT. (a) The district is a |
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conservation and reclamation district in Medina County created |
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under and essential to accomplish the purposes of Section 52, |
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Article III, and Section 59, Article XVI, Texas Constitution. |
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(b) The district is created to serve a public use and |
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benefit. |
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Sec. 8270.003. APPLICABILITY OF OTHER LAW. (a) Except as |
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otherwise provided by this chapter, the following laws apply to the |
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district: |
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(1) Chapters 49, 51, and 54, Water Code; and |
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(2) Section 52(b)(3), Article III, Texas |
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Constitution. |
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(b) Except as provided by this chapter, in case of a |
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conflict between Chapters 51 and 54, Water Code, Chapter 54 |
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prevails. |
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Sec. 8270.004. 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: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; or |
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(3) the legality or operation of the board. |
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Sec. 8270.005. CONFIRMATION ELECTION REQUIRED. (a) If the |
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creation of the district is not confirmed at a confirmation |
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election held on or before September 1, 2011: |
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(1) the district is dissolved on September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Medina County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2013. |
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(b) If the district is confirmed at the confirmation |
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election, the district is converted to a municipal utility district |
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and its name is changed to the Medina County Municipal Utility |
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District No. 1. |
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Sec. 8270.006. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed to achieve the legislative intent of this |
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chapter. |
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[Sections 8270.007-8270.020 reserved for expansion] |
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SUBCHAPTER A1. TEMPORARY PROVISIONS |
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Sec. 8270.021. TEMPORARY DIRECTORS. (a) The temporary board |
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consists of: |
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(1) Kim Fox; |
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(2) Shelly Perlman; |
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(3) Johnnie Joe Jungerman; |
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(4) Patricia Ruth Carney; and |
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(5) Mike Gahan. |
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(b) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than three |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of persons |
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to fill all vacancies on the board. |
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Sec. 8270.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary board shall convene the organizational meeting of the |
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district at a location in the district agreeable to a majority of |
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the directors. If a location cannot be agreed upon, the |
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organizational meeting shall be at the Medina County Courthouse. |
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Sec. 8270.023. CONFIRMATION, CONVERSION, NAME CHANGE, AND |
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INITIAL DIRECTORS' ELECTION. (a) The temporary board shall hold an |
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election: |
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(1) to confirm the creation of the district; |
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(2) to approve the conversion of the district to a |
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municipal utility district; |
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(3) to approve changing the district's name to the |
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Medina County Municipal Utility District No. 1; and |
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(4) to elect five directors as provided by Section |
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49.102, Water Code. |
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(b) Section 41.001, Election Code, does not apply to an |
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election under this section. |
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(c) If a majority of the votes cast at the election favor the |
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creation of the district, the temporary directors shall declare the |
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district created. If a majority of the votes cast at the election |
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do not favor the creation of the district, the district is not |
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created. The temporary directors shall file a copy of the election |
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results with the Texas Commission on Environmental Quality. |
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Sec. 8270.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8270.023 shall draw lots to |
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determine which three shall serve until the first regularly |
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scheduled election of directors and which two shall serve until the |
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second regularly scheduled election of directors. |
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Sec. 8270.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 8270.026-8270.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS; ADMINISTRATION |
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Sec. 8270.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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(c) Elections for directors shall be held as provided by |
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Section 49.103, Water Code. |
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Sec. 8270.052. ADMINISTRATION. Except as provided by this |
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chapter, the district shall comply with the administrative |
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provisions of Subchapter C, Chapter 51, Water Code. |
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[Sections 8270.053-8270.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8270.101. GENERAL POWERS AND DUTIES. The district has |
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the rights, powers, privileges, and duties provided by the general |
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laws of this state applicable to municipal utility districts and to |
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water control and improvement districts, including Chapters 49, 51, |
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and 54, Water Code. |
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Sec. 8270.102. ROAD PROJECTS. To the extent authorized by |
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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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inside or outside the district necessary to accomplish the public |
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purpose of the district. |
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Sec. 8270.103. CONTRACT WITH POLITICAL SUBDIVISION FOR |
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WATER OR SEWER SERVICES. (a) The district may enter into a |
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contract to allow a political subdivision to provide retail water |
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or sewer service in the district. The contract may contain terms |
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the board considers desirable, fair, and advantageous to the |
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district. |
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(b) The contract may provide that the district will |
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construct or acquire and convey to the political subdivision a |
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water supply or treatment system, a water distribution system, or a |
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sanitary sewage collection or treatment system, as necessary to |
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provide water or sewer service in the district. |
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(c) The district may use bond proceeds or other available |
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district money to pay for its obligations and for services and |
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facilities provided under the contract. |
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(d) If the contract requires the district to make payments |
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from taxes other than operation and maintenance taxes, the contract |
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is subject to Section 49.108, Water Code. |
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[Sections 8270.104-8270.150 reserved for expansion] |
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SUBCHAPTER D. BONDS |
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Sec. 8270.151. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other obligations |
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as provided by Chapters 49, 51, and 54, Water Code, and to finance: |
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(1) the construction, maintenance, or operation of |
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projects inside or outside the district necessary to accomplish the |
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public purpose of the district under Section 8270.102; or |
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(2) its contractual obligations under Section |
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8270.103. |
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(b) 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. |
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(c) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxation to finance projects |
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authorized by Section 8270.102 unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election called for that purpose. |
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(d) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8270.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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(e) Sections 49.181 and 49.182, Water Code, do not apply to |
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a project undertaken by the district under Section 8270.102 or to |
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bonds issued by the district to finance the project. |
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SECTION 2. The initial boundaries of the Medina County |
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Fresh Water Supply District No. 1 include approximately 324 acres |
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to wit: |
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Field notes of a 347.38 acre tract of land situated in Medina |
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County, Texas out of the George S. Kelly Survey No. 245, Abstract |
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583, Medina County and Abstract 2510 Bandera County, the Jesus |
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Gomez Survey No. 126, Abstract 1380, Medina County and Abstract |
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2502 Bandera County and the Comanche Creek Irrigation Survey No. |
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125, Abstract 294 Medina County, being part of that tract called |
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1700 acres and recorded in Volume 75, Page 513 of the Official |
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Public Records of Medina County, Texas and being more particularly |
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described by metes and bounds as follows: |
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Beginning at a ½" iron pin found in the southwest line of State |
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Highways 16 for the northeast corner of this tract and the 1700 acre |
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tract. |
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Thence with the southwest line of State Highway 16 and the northeast |
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line of the1700 acre tract as follows: |
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S 37° 36' 15" E. 493.82 feet to a Texas Department of Transportation |
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(TXDOT) Monument found at an angle point. |
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S 34° 06' 10" E. 166.79 feet to a TXDOT monument found at an angle. |
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S 26° 38' 10" E. 167.15 feet to a TXDOT monument found at an angle. |
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S 23° 09' 02" E. 537.72 feet to a TXDOT monument found at an angle. |
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S 25° 37' 01" E. 209.94 feet to a TXDOT monument found at an angle. |
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S 36° 10' 22" E. 210.07 feet to a TXDOT monument found at an angle. |
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S 38° 41' 34" E. 559.25 feet to a point in the northwest Extra |
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Territorial Jurisdiction line of the City of San Antonio Ordinance# |
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96548 for the southeast corner of this tract. |
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Thence with the southeast line of this tract cutting across the 1700 |
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acre tract in a southwesterly direction with the northwest line of |
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said Extra Territorial Jurisdiction line and the arc of a curve to |
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the left having a radius of 26,400.0 feet and a length of 4424.98 |
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feet and a chord of S 51° 03' 30" W. 4419.81 feet to a point for the |
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southern most corner of this tract. |
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Thence N 50° 07' 15" W. 3012.29 feet to a point in the northwest |
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County Line of Medina County and the southeast line of Bandera |
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County for the lower west corner of this tract. |
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Thence N 39° 04' 34" E. 1126.44 feet with the northeast line of this |
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tract and the said County Line to a point in the lower north line of |
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the 1700 acre tract. |
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Thence with the lower north line of this tract and the 1700 acre |
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tract as follows: |
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S 89° 51' 14" E. 49.54 feet to an iron pin found at an angle point. |
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S 89° 16' 52" E. 90.06 feet to an iron pin found at an angle point. |
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S 88° 20' 55" E. 87.10 feet to an iron pin found at an angle point. |
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S 89° 23' 29" E. 206.22 feet to an iron pin found at an angle point. |
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S 88° 59' 04" E. 323.17 feet to an iron pin found at an angle point. |
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S 88° 41' 10" E. 285.77 feet to an iron pin found for an interior |
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corner of this tract and the 1700 acre tract. |
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Thence with a west line of this tract and the 1700 acre tract as |
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follows: |
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N 00° 02' 34" E. 135.87 feet to an iron pin found at an angle point. |
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N 00° 10' 57" W. 256.73 feet to an iron pin found at an angle point. |
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N 00° 14' 14" W. 199.02 feet to an iron pin found at an angle point. |
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N 00° 11' 59" W. 300.66 feet to an iron pin found at an angle point. |
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N 00° 36' 22" W. 185.11feet to an iron pin found at an angle point. |
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N 00° 51' 48" W. 62.25 feet to a point in the northwest County line of |
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Medina County and the southeast line of Bandera County for a corner |
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of this tract. |
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Thence N 39° 04' 03" E. 1155.78 feet with said County Line to a point |
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in the north line of the 1700 acre tract for the northwest corner of |
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this tract. |
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Thence with the north line of this tract and the 1700 acre tract as |
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follows: |
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N 89° 44' 48" E. 233.47 feet to an iron pin found at an angle point. |
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S 89° 28' 47" E. 520.65 feet to an iron pin found at an angle point. |
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S 01° 26' 08" W. 301.19 feet to an iron pin found at an angle point. |
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N 89° 54' 40" E. 1221.45 feet to the Place of Beginning and |
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containing 347.38 acres of land, more or less. |
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SECTION 3. All of the land and other property included |
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within the boundaries of the district will be benefited by the works |
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and projects that are to be accomplished by the district under |
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powers conferred by Section 52, Article III, and Section 59, |
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Article XVI, of the Texas Constitution. |
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SECTION 4. (a) The following are validated and confirmed in |
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all respects: |
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(1) the creation of the Medina County Fresh Water |
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Supply District No. 1 and all proceedings related to the creation of |
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the district, effective as of the date on which the creation or |
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related proceedings occurred subject to approval by the voters of |
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the district at the confirmation election held under Section |
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8270.023, Special District Local Laws Code, as added by this Act; |
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and |
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(2) any act or proceeding of the district, including |
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an election, not excepted by this section and taken not more than |
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three years before the effective date of this Act, effective as of |
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the date on which the act or proceeding occurred. |
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(b) This section does not apply to: |
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(1) an act, proceeding, director, other official, |
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bond, or other obligation the validity of which or of whom is the |
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subject of litigation that is pending on the effective date of this |
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Act; or |
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(2) an act or proceeding that, under a statute of this |
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state or the United States, was a misdemeanor or felony at the time |
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the act or proceeding occurred. |
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SECTION 5. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |