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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of Burnet County Water Control and |
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Improvement District No. 1; providing authority to impose a tax and |
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issue bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9015 to read as follows: |
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CHAPTER 9015. BURNET COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
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NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9015.001. 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) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "District" means Burnet County Water Control and |
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Improvement District No. 1. |
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(4) "Project" means any program or project authorized |
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by this chapter or general law, inside or outside the boundaries of |
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the district, that is necessary to accomplish the public purposes |
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of the district. |
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Sec. 9015.002. CREATION; CONFIRMATION ELECTION REQUIRED. A |
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water control and improvement district, to be known as Burnet |
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County Water Control and Improvement District No. 1, is created in |
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Burnet County, subject to approval at a confirmation election held |
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under Section 9015.022. The district is created under and is |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 9015.003. 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 legislature finds that the boundaries and field |
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notes of the district contained in Section 2 of the Act creating |
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this chapter form a closure. A mistake made in the field notes or in |
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copying the field notes in the legislative process does not affect |
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the organization, existence, or validity of the district, the right |
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of the district to impose taxes, or the legality or operation of the |
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district or the board. |
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Sec. 9015.004. FINDING OF BENEFIT. The legislature finds |
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that all of the land and other property included within the |
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boundaries of the district will benefit from the works and projects |
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that are to be accomplished by the district under the powers |
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conferred by Section 52, Article III, and Section 59, Article XVI, |
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Texas Constitution. The district serves a public use and benefit. |
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Sec. 9015.005. LIBERAL CONSTRUCTION OF CHAPTER. This |
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chapter shall be liberally construed in conformity with the |
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legislative findings and purposes set forth in this chapter. |
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[Sections 9015.006-9015.020 reserved for expansion] |
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SUBCHAPTER A1. TEMPORARY PROVISIONS |
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Sec. 9015.021. TEMPORARY DIRECTORS. (a) The temporary |
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board of directors is composed of: |
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(1) Brian Carlton; |
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(2) Brandon Myers; |
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(3) Brent Wicker; |
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(4) Bob Sewell; and |
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(5) Brandon Raney. |
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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 commission shall appoint the |
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necessary number of persons to fill all vacancies on the board. |
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Sec. 9015.022. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary board of directors shall call and |
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hold an election to confirm establishment of the district and to |
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elect five initial directors. |
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(b) The uniform election dates do not apply to an election |
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to confirm establishment of the district. |
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(c) If a majority of votes cast at the election favor the |
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establishment of the district, the temporary directors shall |
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declare the district created. The temporary directors shall file a |
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copy of the election results with the commission. |
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Sec. 9015.023. TERMS OF INITIAL DIRECTORS. (a) The terms |
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of the initial directors expire as follows: |
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(1) two initial directors' terms expire on September |
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1, 2009; and |
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(2) three initial directors' terms expire on September |
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1, 2011. |
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(b) The directors shall draw lots to determine which |
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directors' terms expire under Subsection (a)(1) and which |
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directors' terms expire under Subsection (a)(2). |
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Sec. 9015.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 9015.025-9015.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9015.051. DIRECTORS. (a) The district is governed by |
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a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 9015.052. ELECTION OF DIRECTORS. The election for |
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directors following the expired term for initial directors shall |
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comply with Chapters 49 and 51, Water Code. |
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[Sections 9015.053-9015.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9015.101. POWERS. The district has all of the rights, |
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powers, privileges, authority, functions, and duties provided by |
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the general laws of this state, including: |
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(1) Chapters 49, 51, and 54, Water Code; and |
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(2) the general laws of the state on road districts and |
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road utility districts created under Section 52, Article III, Texas |
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Constitution, and on conservation and reclamation districts |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 9015.102. ADMINISTRATIVE PROVISIONS. The district |
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shall operate as a water control and improvement district and |
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comply with the administrative provisions in Chapter 51, Water |
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Code, except as specifically provided by this chapter. The |
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district shall comply with Chapter 49, Water Code, to the extent it |
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does not conflict with Chapter 51, Water Code, in which case Chapter |
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51 controls. |
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SECTION 2. Burnet County Water Control and Improvement |
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District No. 1 includes all the territory contained in the |
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following area: |
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FIELD NOTES TO DESCRIBE A 324.621 ACRE TRACT OF LAND, CONSISTING OF |
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APPROXIMATELY 149.768 ACRES OF LAND, OUT OF THE F. LEUDERS SURVEY |
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NO. 602, ABSTRACT NO. 560 AND APPROXIMATELY 174.852 ACRES OF LAND, |
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OUT OF THE F ENGLEKING SURVEY NO. 611, ABSTRACT NO. 284, BOTH OF |
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WHICH ARE SITUATED IN BURNET COUNTY, TEXAS, AND BEING A PORTION OF |
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THAT CALLED 414.78 ACRE TRACT OF LAND, DESCRIBED IN A DEED TO SEALY |
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KRUMM PARTNERS, L.P., A GEORGIA LIMITED PARTNERSHIP, AS RECORDED IN |
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VOLUME 1382, PAGE 439 OF THE OFFICIAL PUBLIC RECORDS OF BURNET |
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COUNTY, TEXAS (O.P.R.B.C.T.), SAID 324.621 ACRES BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING AT A ½" IRON ROD FOUND, LYING IN THE SOUTH RIGHT-OF-WAY, |
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DESCRIBED IN A DEED TO THE STATE OF TEXAS, AS RECORDED IN VOLUME |
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129, PAGE 551 OF THE DEED RECORDS OF BURNET COUNTY TEXAS |
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(D.R.B.C.T.), THE APPROXIMATE WEST LINE OF THE JASON WORMSLEY |
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SURVEY NO. 601, ABSTRACT NO. 959 AND THE APPROXIMATE EAST LINE OF |
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SAID F. LEUDERS SURVEY, FOR THE NORTHWEST CORNER OF THAT CALLED 470 |
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ACRE TRACT OF LAND, DESCRIBED IN A DEED TO H. R. ANDERSON, AS |
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RECORDED IN VOLUME 80, PAGE 593 D.R.B.C.T., THE NORTHEAST CORNER OF |
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SAID 414.7 ACRE TRACT, AND THE NORTHEAST CORNER HEREOF. |
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THENCE S01°52'16"E [S01°52'16"E], WITH THE APPROXIMATE WEST LINE OF |
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SAID JASON WORMSLEY SURVEY, THE WEST LINE OF SAID 470 ACRE TRACT, |
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THE APPROXIMATE EAST LINE OF SAID F. LEUDERS SURVEY, THE EAST LINE |
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OF SAID 414.78 ACRE TRACT, AND THE EAST LINE HEREOF, A DISTANCE OF |
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2,643.85 FEET, TO A CALCULATED POINT, IN THE CITY OF HORSESHOE BAY'S |
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APPROXIMATE EXTRA TERRITORIAL JURISDICTION (ETJ) LINE, FOR THE |
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EASTERLY SOUTHEST CORNER HEREOF, FROM WHICH A ½" IRON ROD FOUND, FOR |
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THE NORTHEAST CORNER OF HORSESHOE BAY SOUTH PLAT K10.1, AS RECORDED |
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IN VOLUME 4 PAGE 87-B OF THE PLAT RECORDS OF BURNET COUNTY, TEXAS |
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(P.R.B.C.T.) AND THE EASTERLY SOUTHEAST CORNER OF SAID 414.78 ACRE |
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TRACT, BEARS S01°52'16"E [S01°52'16"E]. A DISTANCE OF 1,628.02 |
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FEET; |
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THENCE, OVER AND ACROSS, SAID 414.78 ACRE TRACT, WITH SAID CITY OF |
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HORSESHOE BAY'S APPROXIMATE ETJ LINE, THE FOLLOWING TWO (2) CALLS |
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NUMBERED 1 AND 2: |
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1. S88°25'56"W, WITH A SOUTH LINE HEREOF, A DISTANCE OF |
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2,117.67 FEET. TO A CALCULATED POINT, AT THE BEGINNING |
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OF A NON-TANGENT CURVE TO THE RIGHT, FOR AN INTERIOR |
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CONER HEREOF, AND |
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2. WITH AN INTERIOR LINE HEREOF AND SAID NON-TANGENT CURVE |
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TO THE RIGHT, AN ARC LENGTH OF 1,262.09 FEET, HAVING A |
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RADIUS OF 2,545.06 FEET, THROUGH A CENTRAL ANGLE OF |
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28°24'47", A CHORD BEARING S32°48'10"W, A DISTANCE OF |
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1,249.20 FEET, TO A CALCULATED POINT, IN THE APPROXIMATE |
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NORTH LINE OF THE J. HARRELL SURVEY NO. 570, ABSTRACT NO. |
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454, THE NORTH LINE OF HORSESHOE BAY SOUTH PLAT K8.1, AS |
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RECODED IN VOLUME 3, PAGE 86 P.R.B.C.T., THE APPROXIMATE |
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SOUTH LINE OF SAID F. ENGLEKING SURVEY, A SOUTH LINE OF |
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SAID 414.78 ACRE TRACT, FOR THE WESTERLY SOUTHEAST CONER |
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HEREOF; |
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THENCE S88°51'32"W [S88°51'32"W], WITH THE APPROXIMATE NORTH LINE OF |
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SAID J. HARRELL SURVEY, THE NORTH LINE OF SAID HORSESHOE BAY PLAT |
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K8.1, A NORTH LINE OF HORSESHOE BAY PLAT K11.1, AS RECORDED IN |
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VOLUME 4, PAGE 103 P.R.B.C.T., THE APPROXIMATE SOUTH LINE OF SAID F. |
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ENGLEKING SURVEY, A SOUTH LINE OF SAID 414.78 ACRE TRACT, AND A |
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SOUTH LINE HEREOF, A DISTANCE OF 1,727.31 FEET, TO A STONE MOUND |
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FOUND, LYING WITHIN SAID HORSESHOE BAY PLAT K11.1, IN THE |
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APPROXIMATE EAST LINE OF THE A.C. FUCHS SURVEY NO. 1448, ABSTRACT |
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NO. 1484, FOR THE SOUTHWEST CONER OF SAID F. ENGLEKING SURVEY, THE |
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SOUTHWEST CORNER OF SAID 414.78 ACRE TRACT, AND THE SOUTHWEST |
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CORNER HEREOF; |
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THENCE, N01°59'42"W [N01°59'42"W], WITH THE APPROXIMATE EAST LINE OF |
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SAID A. C. FUCHS SURVEY, THE EAST LINE OF SAID HORSESHOE BAY SOUTH |
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PLAT K11.1, THE EAST LINE OF HORSESHOE BAY PLAT K13.1, AS RECORDED |
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IN VOLUME 4, PAGE 135 P.R.B.C.T., THE EAST LINE OF CASTLE TERRACE, |
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AS RECODED IN VOLUME 1, PAGE 135 P.R.B.C.T., THE EAST LINE OF CASTLE |
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TERRACE, AS RECORDED IN VOLUME 1 PAGE 198 P.R.B.C.T., THE |
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APPROXIMATE WEST LINE OF SAID F. ENGLEKING SURVEY, THE WEST LINE OF |
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SAID 414.78 ACRE TRACT, AND THE WEST LINE HEREOF, A DISTANCE OF |
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3,529.55 FEET, TO A PK NAIL FOUND, LYING IN THE SOUTH RIGHT-OF-WAY |
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LINE OF SAID FM HIGHWAY NO. 2147, FOR THE NORTHEAST CORNER OF SAID |
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CASTLE TERRACE, THE NORTHWEST CORNER OF SAID 414.78 ACRE TRACT AND |
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THE NORTHWEST CORNER HEREOF; |
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THENCE, WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. |
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2147, THE NORTHERLY LINE OF SAID 414.78 ACRE TRACT, AND THE |
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NORTHERLY LINE HEREOF, THE FOLLOWING SIX (6) CALLS, NUMBERED 3 THRU |
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8: |
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3. N79°32'49"E [N79°32'49"E], A DISTANCE OF 37.51 FEET [37.51 |
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FEET], TO A TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) |
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TYPE I CONCRETE MARKER FOUND; |
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4. N80°43'47"E [N80°43'47"E], A DISTANCE OF 370.69 FEET |
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[370.69 FEET], TO A TXDOT TPE I CONCRETE MARKER FOUND, AT |
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THE BEGINNING OF A TANGENT CURVE TO THE LEFT, 50 FEET |
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RIGHT OF ENGINEER'S PC STATION NO. 31+69.60, FROM WHICH A |
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TXDOT TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH |
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RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS |
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N09°21'04"W, A DISTANCE OF 100.01 FEET; |
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5. WITH SAID CURVE TO THE LEFT, AN ARC LENGTH OF 740.00 FEET |
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[740 FEET], HAVING A RADIUS OF 5,679.58 FEET [5,679.58 |
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FEET], THROUGH A CENTRAL ANGLE OF 07°27'54" [07°27'54"], A |
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CHORD BEARING N84°22'32"E [N84°22'32"E], A DISTANCE OF |
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739.47 FEET [739.47 FEET], TO A TXDOT TYPE I CONCRETE |
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MARKER FOUND, FOR A POINT OF TANGENCY HEREOF, FROM WHICH |
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A TXDOT TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH |
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RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS |
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N01°51'40"W, A DISTANCE OF 100.20 FEET; |
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6. N88°02'40"E [N88°02'40"E], A DISTANCE OF 983.60 FEET, TO A |
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TXDOT TYPE I CONCRETE MARKER FOUND, FROM WHICH A TXDOT |
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TYPE I CONCRETE MARKER FOUND, LYING IN THE NORTH |
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RIGHT-OF-WAY LINE OF SAID FM HIGHWAY NO. 2147, BEARS |
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N01°44'07"W, A DISTANCE OF 99.01 FEET; |
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7. N88°04'28"E [N88°04'28"E], A DISTANCE OF 1,400.30 FEET |
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[1,400.30 FEET], TO A TXDOT TYPE I CONCRETE MARKER FOUND, |
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AND |
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8. N87°54'44"E [N87°54'44'E], A DISTANCE OF 1036.65 FEET, TO |
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THE POINT OF BEGINNING, AND CONTAINING 324.621 ACRES OF |
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LAND, MORE OR LESS. |
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SECTION 3. (a) The proper and legal notice of the |
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intention to introduce this Act, setting forth the general |
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substance of this Act, has been published as provided by law, and |
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the notice and a copy of this Act have been furnished to all |
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persons, agencies, officials, or entities to which they are |
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required to be furnished by the constitution and other laws of this |
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state, including the governor, who has submitted the notice and Act |
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to the Texas Commission on Environmental Quality. |
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(b) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(c) All requirements of the constitution and laws of this |
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state and rules and procedures of the legislature with respect to |
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the notice, introduction, and passage of this Act are fulfilled and |
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accomplished. |
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SECTION 4. 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. |