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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 Southern Travis Special Utility |
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District; providing authority to issue bonds; granting the power of |
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eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7214 to read as follows: |
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CHAPTER 7214. SOUTHERN TRAVIS SPECIAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7214.001. DEFINITION. In this chapter, "district" |
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means the Southern Travis Special Utility District. |
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Sec. 7214.002. NATURE OF DISTRICT. The district is a |
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special utility district in Travis County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. The district is created to serve a public use |
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and benefit. |
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Sec. 7214.003. APPLICABILITY OF OTHER SPECIAL UTILITY |
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DISTRICT LAW. Except as otherwise provided by this chapter, |
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Chapters 49 and 65, Water Code, apply to the district. |
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Sec. 7214.004. 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 issue any type of |
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bond, including a refunding bond, for a purpose for which the |
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district is created or to pay the principal of and interest on a |
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bond; or |
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(3) the legality or operation of the district or the |
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board of directors of the district. |
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[Sections 7214.005-7214.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 7214.021. TEMPORARY DIRECTORS. (a) The temporary |
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board of directors of the district is composed of: |
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(1) Marc Knutsen; |
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(2) Bruce Morrison; |
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(3) Loren Smith; |
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(4) Rick Vaughn; and |
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(5) Tom Winkley. |
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(b) Each temporary director shall qualify for office as |
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provided by Section 49.055, Water Code. |
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(c) 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 four |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of |
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directors to fill all vacancies on the board. |
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(d) Temporary directors serve until initial directors are |
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elected under Section 7214.022. |
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(e) As soon as practicable after all the temporary directors |
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have qualified under Section 49.055, Water Code, the temporary |
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directors shall convene the organizational meeting of the district |
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and elect officers from among the temporary directors. |
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Sec. 7214.022. NO CONFIRMATION ELECTION; INITIAL |
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DIRECTORS' ELECTION. (a) The temporary board of directors is not |
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required to hold an election to confirm the creation of the |
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district. |
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(b) The temporary board of directors shall hold an election |
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to elect not fewer than five and not more than 11 directors, as |
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determined by the temporary board. |
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(c) The temporary board of directors shall determine the |
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method for determining the initial term of each person on the |
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initial board of directors. The terms must be clearly stated on the |
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ballot for the directors' election. |
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(d) Initial directors serve until the first regularly |
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scheduled election of directors under Subchapter C, Chapter 65, |
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Water Code, to be held not earlier than 2012. |
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Sec. 7214.023. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2015. |
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[Sections 7214.024-7214.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7214.051. DIRECTORS. (a) The district is governed by |
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a board of not fewer than five and not more than 11 directors. |
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(b) Notwithstanding Section 65.103(b), Water Code, a |
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director serves a four-year term of office and may serve |
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consecutive terms. |
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[Sections 7214.052-7214.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7214.101. GENERAL POWERS. (a) Except as otherwise |
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provided by this chapter, the district has all of the rights, |
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powers, privileges, functions, and duties provided by the general |
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law of this state, including Chapters 49 and 65, Water Code, |
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applicable to special utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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(b) The district may: |
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(1) purchase, own, hold, lease, and otherwise acquire |
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sources of water supply; |
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(2) build, operate, and maintain facilities for the |
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transportation of water; |
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(3) sell water to municipalities and other political |
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subdivisions of this state, private businesses, and individuals; |
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(4) provide for the protection, preservation, and |
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restoration of the purity and sanitary condition of water within |
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the district; and |
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(5) purchase, construct, acquire, own, operate, |
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maintain, repair, improve, extend, or establish a municipal solid |
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waste collection and disposal system, including a system for |
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recycling, inside or outside the district, and assess proper |
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charges for the use of the system. |
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(c) The district may require the use of a solid waste |
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collection and disposal system described by Subsection (b)(5) as a |
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condition for the receipt of other district services. |
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(d) The district may enter into an exclusive contract with a |
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private entity to provide solid waste collection and disposal |
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services to all land and persons inside the district. |
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Sec. 7214.102. EMINENT DOMAIN. The district has all the |
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authority under Chapters 49 and 65, Water Code, of a special utility |
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district to acquire by condemnation any land, easement, or other |
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property located inside or outside the boundaries of the district |
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for any district project or purpose. |
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Sec. 7214.103. ANNEXATION. The owner of a tract of land that |
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has an area of at least 50 acres and that has been released by |
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written agreement from the certificate of public convenience and |
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necessity of a rural water supply corporation may petition the |
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district to be annexed into the district. On receipt of a petition, |
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the board may issue an order granting the petition, and the land |
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described by the petition will be included in the district. Land |
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annexed under this section is not required to be contiguous to the |
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district. |
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SECTION 2. The Southern Travis Special Utility District |
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initially includes all the territory contained in the following |
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area: |
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ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF THE SANTIAGO DEL |
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VALLE GRANT IN TRAVIS COUNTY, TEXAS, BEING ALL OF THAT CERTAIN |
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87.884 ACRE TRACT OF LAND CONVEYED TO ONION ASSOCIATES, LTD. BY |
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INSTRUMENT RECORDED IN DOCUMENT NO. 2006236625 OF THE OFFICIAL |
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PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING ALL OF THAT |
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CERTAIN 117.188 ACRE TRACT OF LAND AS CONVEYED TO ONION ASSOCIATES, |
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LTD. BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006236625 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING ALL OF |
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THAT CERTAIN 2.273 ACRE TRACT OF LAND CONVEYED TO ONION ASSOCIATES, |
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LTD. BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006236625 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, AND BEING ALL OF |
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THAT CERTAIN 8.17 ACRE TRACT OF LAND CONVEYED TO ONION ASSOCIATES, |
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LTD. BY INSTRUMENT RECORDED IN DOCUMENT NO. 2006236625 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, THE HEREIN |
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DESCRIBED TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND |
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BOUNDS AS FOLLOWS: |
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BEGINNING at an "X" found cut in rock at the Northwest corner of |
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said 87.884 acre tract, being in the East r.o.w. line of Interstate |
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Hwy 35 South, being in the approximate centerline of Onion Creek for |
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the Northwest corner and PLACE OF BEGINNING hereof; |
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THENCE along the North line of said 87.884 acre tract, being along |
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the approximate centerline of Onion Creek for the following |
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courses: |
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S 73°04'00" E for a distance of 450.65 feet to an angle point |
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S 74°19'00" E for a distance of 334.57 feet to an angle point |
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S 57°11'00" E for a distance of 216.95 feet to an angle point |
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S 72°26'00" E for a distance of 402.24 feet to an angle point |
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S 76°51'00" E for a distance of 357.17 feet to an angle point |
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S 39°52'00" E for a distance of 114.70 feet to an angle point |
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S 57°41'30" E for a distance of 308.12 feet to an angle point |
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S 00°49'00" E for a distance of 131.00 feet to an angle point |
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S 25°09'00" E for a distance of 206.00 feet to an angle point |
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S 53°57'45" E for a distance of 249.20 feet to the Northeast |
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corner of said 87.884 acre tract, being the Northwest corner |
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of said 117.188 acre tract; |
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THENCE continuing along the approximate centerline of Onion Creek, |
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being along the North line of said 117.188 acre tract for the |
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following courses: |
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S 58°55'57" E for a distance of 450.70 feet to an angle point |
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S 50°14'57" E for a distance of 251.84 feet to an angle point |
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S 42°25'57" E for a distance of 186.54 feet to an angle point |
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S 62°12'49" E for a distance of 50.33 feet to the Northeast |
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corner of said 117.188 acre tract for the Northeast corner hereof; |
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THENCE along the Northeast line of said 117.188 acre tract for the |
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following courses: |
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S 30°38'00" W for a distance of 838.63 feet to a ½ inch iron |
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pin found |
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S 30°21'46" W for a distance of 497.98 feet to a ½ inch iron |
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pin found |
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S 71°43'13" E for a distance of 1128.85 feet to a ½ inch iron |
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pin found at an Easterly corner of said 117.188 acre tract; |
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THENCE along the most Easterly line of said 117.188 acre tract, S |
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30°23'29" W for a distance of 2048.99 feet to a ½ inch iron pin found |
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at the Southeast corner of said 117.188 acre tract for the Southeast |
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corner hereof; |
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THENCE along the South line of said 117.188 acre tract for the |
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following courses: |
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N 59°39'56" W for a distance of 1103.84 feet to a ½ inch iron |
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pin found |
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N 62°34'44" W for a distance of 458.27 feet to a ½ inch iron |
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pin found |
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N 62°51'16" W for a distance of 449.66 feet to a ½ inch iron |
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pin found at the Southwest corner of said 117.188 acre tract; |
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THENCE along the West line of said 117.188 acre tract for the |
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following courses: |
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N 30°09'07" E for a distance of 1666.09 feet to a 60-d nail |
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found |
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N 30°08'16" E for a distance of 188.47 feet to a ½ inch iron |
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pin found |
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N 28°36'40" E for a distance of 232.94 feet to a ½ inch iron |
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pin found at the Southeast corner of said 87.884 acre tract; |
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THENCE along the South line of said 87.884 acre tract, N 71°11'45" W |
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for a distance of 712.31 feet to a ½ inch iron pin found and N |
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71°03'33" W for a distance of 10.02 feet to a point in the |
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approximate centerline of a ravine, being the Northeast corner of |
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said 2.273 acre tract; |
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THENCE up the approximate centerline of a ravine, being the East |
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line of said 2.273 acre tract for the following courses: |
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S 44°35'07" W for a distance of 8.22 feet to an angle point |
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S 84°16'07" W for a distance of 95.67 feet to an angle point |
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S 05°36'07" W for a distance of 125.27 feet to the Southeast |
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corner of said 2.273 acre tract, being at the Northeast |
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corner of said 8.17 acre tract; |
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THENCE continuing up the approximate centerline of a ravine, being |
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the East line of said 8.17 acre tract for the following courses: |
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S 05°36'07" W for a distance of 185.51 feet to an angle point |
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S 31°17'17" W for a distance of 209.91 feet to an angle point |
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S 58°28'57" W for a distance of 81.12 feet to an angle point |
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S 33°12'43" E for a distance of 53.05 feet to an angle point |
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S 24°25'17" W for a distance of 94.24 feet to an angle point |
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S53°47'07" W for a distance of 19.29 feet to the Southeast |
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corner of said 8.17 acre tract; |
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THENCE along the South line of said 8.17 acre tract, N 64°09'33" W |
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for a distance of 580.49 feet to a ½ inch iron pin found at the |
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Southwest corner of said 8.17 acre tract; |
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THENCE along the West line of said 8.17 acre tract, N 20°39'51" E for |
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a distance of 592.26 feet to a ½ inch iron pin found at the Northwest |
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corner of said 8.17 acre tract, being at the Southwest corner of |
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said 2.273 acres tract; |
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THENCE along the West line of said 2.273 acre tract, N 33°27'08" W |
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for a distance of 238.55 feet to a ½ inch capped iron pin found at |
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the Northwest corner of said 2.273 acre tract, being in the South |
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line of said 87.884 acre tract; |
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THENCE along the South line of said 87.884 acre tract, N 33°32'38" W |
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for a distance of 145.29 feet to a ½ inch iron pin found and N |
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71°03'16" W for a distance of 698.93 feet to a capped iron pin found |
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at the Southwest corner of said 87.884 acre tract, being in the East |
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r.o.w. line of Interstate Hwy 35 South; |
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THENCE along the West line of said 87.884 acre tract, being along |
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the East ro.w. line of Interstate Hwy 35 South, N 20°25'54" E for a |
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distance of 1499.77 feet to the PLACE OF BEGINNING and containing |
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215.592 acres of land, more or less. |
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SECTION 3. (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 has submitted the notice and Act to the |
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Texas Commission on 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, |
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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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(d) The general law relating to consent by political |
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subdivisions to the creation of a conservation and reclamation |
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district and the inclusion of land in the district has been complied |
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with. All requirements of the constitution and laws of this state |
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and the rules and procedures of the legislature with respect to the |
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notice, introduction, and passage of this Act are fulfilled and |
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accomplished. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over any provision of S.B. No. 1688, S.B. No. 1689, or H.B. No. |
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3719, if those Acts are passed by the 80th Legislature, Regular |
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Session, 2007, and become law. |
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SECTION 5. 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. |