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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 Comal County Water Improvement |
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District No. 1; providing authority to impose a tax and issue bonds; |
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granting a limited 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 9038 to read as follows: |
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CHAPTER 9038. COMAL COUNTY WATER IMPROVEMENT DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9038.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Comal County Water |
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Improvement District No. 1. |
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Sec. 9038.002. NATURE OF DISTRICT. The district is a water |
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control and improvement district created under Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 9038.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 9038.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT |
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AGREEMENT REQUIRED. (a) The temporary directors may not hold an |
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election under Section 9038.003 until each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located has: |
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(1) consented by ordinance or resolution to the |
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creation of the district and to the inclusion of land in the |
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district; and |
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(2) entered into a development agreement under Section |
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212.172, Local Government Code, with the retail public utility |
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owned by the municipality that addresses water and wastewater |
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issues and with the owners of land in the district that addresses |
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relevant issues, including: |
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(A) the provision of services other than water or |
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wastewater services to land in the district, including emergency |
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services and solid waste collection; |
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(B) traffic and roadway impacts caused by the |
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creation of the district; |
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(C) the amount of debt to be issued by the |
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district or any new district created by the division of the |
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district; |
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(D) a plan for dividing the district, including |
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the number, location, and size of any new districts created by the |
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division of the district; |
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(E) fire flow; and |
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(F) a prohibition against a retail public |
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utility, as defined by Section 13.002, Water Code, other than the |
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retail public utility owned by the municipality, from providing |
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retail water or wastewater service to the property in the district |
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or a new district created by the division of the district. |
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(b) The development agreement may not contain a provision |
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prohibited by Section 212.174, Local Government Code, in relation |
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to the provision of utility service. |
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(c) A confirmation election held in violation of this |
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section is void. |
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Sec. 9038.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a water control and improvement district as |
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provided by general law and Section 59, Article XVI, Texas |
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Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9038.006. 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 a tax; or |
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(4) legality or operation. |
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[Sections 9038.007-9038.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 9038.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 9038.052, directors serve |
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staggered four-year terms. |
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Sec. 9038.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Donnie Shaw; |
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(2) Bob Shemwell; |
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(3) Joe Dawson; |
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(4) Dick Nevitt; and |
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(5) Robert Whitley. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9038.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 9038.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 9038.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 9038.053-9038.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9038.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 9038.102. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution, and |
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including powers relating to sanitary sewer. |
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Sec. 9038.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9038.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 9038.105. WATER AND WASTEWATER INFRASTRUCTURE. (a) |
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The district may not construct a water or wastewater facility |
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unless any municipality in whose corporate limits or |
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extraterritorial jurisdiction the facility is located at the time |
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of construction has approved the plans and specifications of the |
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facility. |
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(b) On completion of a water or wastewater facility |
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described in a development agreement between the district and a |
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municipality, the district shall convey the facility to the |
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municipality or to the retail public utility owned by the |
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municipality, free of all liens, claims, or encumbrances, in the |
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form and manner acceptable to the municipality or retail public |
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utility. |
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Sec. 9038.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION AND DEVELOPMENT AGREEMENT. (a) The district shall |
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comply with all applicable requirements of any ordinance or |
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resolution that is adopted under Section 42.042, Local Government |
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Code, and that consents to the creation of the district or to the |
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inclusion of land in the district. |
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(b) Notwithstanding other law, a municipality may place a |
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condition or restriction on the creation of the district or |
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inclusion of land in the district that is: |
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(1) expressly permitted by Sections 54.016(e) and (i), |
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Water Code; or |
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(2) contained in the development agreement entered |
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into under Section 212.172, Local Government Code, and this |
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chapter. |
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Sec. 9038.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 9038.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 9038.108. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) 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 owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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9038.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) 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 9038.003. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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9038.004 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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Sec. 9038.109. LIMITATION ON ANNEXATION OF LAND BY |
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DISTRICT. The district or any new district created by the division |
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of the district may not annex land outside the area described by |
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Section 2 of the Act creating this chapter without the consent of |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction any of the land in the area described by Section 2 of |
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the Act creating this chapter is located. |
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Sec. 9038.110. MUNICIPAL ANNEXATION ADJACENT TO DISTRICT. |
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For the purposes of Section 43.021(2), Local Government Code, or |
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other law, including a municipal charter or ordinance relating to |
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annexation, an area adjacent to the district or any new district |
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created by the division of the district is considered adjacent to a |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction any of the land in the area described by Section 2 of |
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the Act creating this chapter is located. |
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[Sections 9038.111-9038.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 9038.151. 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: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 9038.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 51, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 9038.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 9038.151, 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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Sec. 9038.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 9038.154-9038.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 9038.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 9038.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Section 51.433, Water Code. |
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Sec. 9038.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Comal County Water Improvement District No. |
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1 initially includes all the territory contained in the following |
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area: |
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Being a 2445 acre tract of land describing a political |
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subdivision lying in the J.M Veramendi Survey No. 1, Abstract 2, and |
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the J.M. Veramendi Survey No. 2, Abstract 3, Comal County, Texas, |
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same being a portion of a 2086 acre tract of land described as |
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"FIRST TRACT" and all of a 694 acre tract of land described as |
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"FOURTH TRACT" and recorded in Document No. 9906001224, Official |
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Records of Comal County, Texas, same also being a portion of River |
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Road and being more particularly described by metes and bounds as |
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follows: |
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BEGINNING at a point in the north right-of-way line of Loop |
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337 at the southwest corner of a 17.089 acre tract as recorded in |
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Comal County as Document No. 200706020677 for a corner of the herein |
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described 2445 acre tract, the PLACE OF BEGINNING; |
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THENCE along the aforementioned right-of-way line of Loop 337 |
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the following five courses: |
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S 60° 46' 29" W a distance of 101.13 feet to a point; |
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S 54° 22' 29" W a distance of 391.10 feet to a point; |
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S 53° 29' 29" W a distance of 4077.20 feet to a point of |
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curvature; |
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A distance of 449.60 feet with an arc of a curve to the left |
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having a radius of 2412.00 feet, a central angle of 10° 40' |
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48", and a chord that bears S 48° 09' 05" W a distance of |
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448.95 feet to a point; |
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S 42° 30' 29" W a distance of 2.23 feet to a point in the |
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southwest line of the J.M. Veramendi Survey No. 2 for the |
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south corner of the herein described 2445 acre tract; |
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THENCE leaving the aforementioned right-of-way line of Loop |
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337 along the southwest line of the aforementioned J.M. Veramendi |
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Survey No. 2, N 37° 31' 44" W a distance of 6360.32 feet to a point |
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for an angle point of the herein described 2445 acre tract; |
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THENCE leaving the aforementioned southwest line of the J.M. |
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Veramendi Survey No. 2, N 38° 57' 51" W a distance of 787.42 feet to a |
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point for the northwest corner of the herein described 2445 acre |
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tract. |
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THENCE N 52° 44' 09" E a distance of 8757.60 feet to a point in |
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the west right-of-way line of Hueco Springs Loop; |
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THENCE along the aforementioned west right-of-way line of |
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Hueco Springs Loop and the west right-of-way line of River Road the |
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following two courses: |
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S 86° 32' 16" E a distance of 201.43 feet to a point of |
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curvature; |
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A distance of 344.47 feet with the arc of a curve to the right |
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having a radius of 400.00 feet, a central angle of 49° 20' 30", |
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and a chord bearing S 61° 52' 01" E a distance of 333.92 feet |
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to a point; |
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THENCE leaving the aforementioned west right-of-way line of |
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River Road and crossing said road, N 52° 48' 14" E a distance of |
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64.75 feet to a point on the east right-of-way line of said River |
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Road; |
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THENCE continuing along the aforementioned east right-of-way |
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line of River Road the following five courses: |
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N 03° 20' 51" W a distance of 73.11 feet to a point; |
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N 32° 12' 23" E a distance of 293.67 feet to a point; |
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N 28° 16' 58" E a distance of 202.11 feet to a point of |
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curvature; |
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A distance of 290.48 feet with the arc of a curve to the left |
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having a radius of 450.00 feet, a central angle of 36° 59' 07", |
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and a chord bearing N 09° 47' 24" E a distance of 285.46 feet |
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to a point of tangency; |
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N 08° 42' 09" W a distance of 323.51 feet to a point for the |
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northernmost corner of the herein described 2445 acre tract; |
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THENCE leaving the east right-of-way line of aforementioned |
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River Road, N 52° 41' 09" E a distance of 2775.35 feet to a point on |
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the Guadalupe River; |
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THENCE along the Guadalupe River the following twenty-nine |
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courses: |
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S 73° 21' 29" E a distance of 99.49 feet to a point; |
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S 67° 02' 29" E a distance of 262.24 feet to a point; |
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S 59° 02' 29" E a distance of 195.70 feet to a point; |
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S 67° 22' 29" E a distance of 283.64 feet to a point; |
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S 69° 24' 29" E a distance of 184.28 feet to a point; |
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S 79° 18' 29" E a distance of 541.48 feet to a point; |
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S 82° 18' 29" E a distance of 262.44 feet to a point; |
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N 87° 03' 31" E a distance of 185.33 feet to a point; |
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S 89° 01' 29" E a distance of 258.74 feet to a point; |
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N 82° 26' 31" E a distance of 234.79 feet to a point; |
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N 87° 13' 31" E a distance of 210.43 feet to a point; |
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N 86° 06' 31" E a distance of 248.84 feet to a point; |
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N 88° 29' 31" E a distance of 97.51 feet to a point; |
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N 87° 15' 31" E a distance of 293.24 feet to a point; |
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S 81°00' 23" E a distance of 536.80 feet to a point; |
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S 53° 20' 34" E a distance of 546.25 feet to a point; |
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S 26° 51' 29" E a distance of 299.44 feet to a point; |
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S 00° 03' 29" E a distance of 386.26 feet to a point; |
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S 12° 01' 31" W a distance of 482.97 feet to a point; |
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S 01° 18' 29" E a distance of 746.61 feet to a point; |
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S 14° 32' 29" E a distance of 499.47 feet to a point; |
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S 29° 01' 29" E a distance of 610.79 feet to a point; |
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S 69° 20' 29" E a distance of 539.78 feet to a point; |
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N 88° 50' 31" E a distance of 313.71 feet to a point; |
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N 89° 38' 31" E a distance of 328.55 feet to a point; |
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N 87° 22' 31" E a distance of 181.63 feet to a point; |
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N 77° 54' 31" E a distance of 269.04 feet to a point; |
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N 62° 05' 31" E a distance of 199.13 feet to a point; |
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N 72° 05' 31" E a distance of 245.29 feet to a point; |
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N 66° 41' 31" E a distance of 220.09 feet to a point for the |
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easternmost corner of the herein described 2445 acre tract; |
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THENCE leaving the Guadalupe River, S 52° 06' 17" W a distance |
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of 587.77 feet to a point on the high bluff of said river; |
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THENCE along the aforementioned high bluff of the Guadalupe |
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River, S 85° 06' 17" W a distance of 175.33 feet to a point on a fence |
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line; |
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THENCE along aforementioned fence, S 07° 06' 17" W a distance |
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of 135.02 feet to a point; |
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THENCE along the aforementioned fence the following 7 |
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courses: |
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S 52° 48' 17" W a distance of 771.62 feet to a point; |
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S 57° 07' 17" W a distance of 516.98 feet to a point; |
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S 52° 10' 17" W a distance of 1029.25 feet to a point; |
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S 60° 35' 17" W a distance of 72.71 feet to a point; |
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S 47° 20' 17" W a distance of 764.86 feet to a point; |
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S 51° 58' 17" W a distance of 848.33 feet to a point; |
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S 50° 15' 17" W a distance of 324.45 feet to a point; |
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THENCE S 53° 31' 17" W passing at 278.25 feet the east |
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right-of-way line of the aforementioned River Road, and continuing |
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for a total distance of 333.82 feet to a point on the west |
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right-of-way line of said road; |
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THENCE with the west right-of-way line of aforementioned |
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River Road the following two courses |
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S 34° 53' 06" E a distance of 0.49 feet to a point; |
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S 34° 53' 23" E a distance of 1503.31 feet to a point; |
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THENCE leaving the west right-of-way line of the |
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aforementioned River Road, S 49° 59' 06" W a distance of 598.74 feet |
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to a point; |
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THENCE S 36° 32' 54" E a distance of 654.05 feet to a point on |
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the north right-of-way line of the aforementioned Loop 337; |
|
THENCE along the north right-of-way line of the |
|
aforementioned Loop 337 the following seven courses: |
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S 79° 28' 29" W a distance of 48.36 feet to a point; |
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S 73° 45' 29" W a distance of 201.00 feet to a point; |
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S 79° 28' 29" W a distance of 700.00 feet to a point; |
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S 76° 36' 29" W a distance of 200.30 feet to a point; |
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S 79° 28' 29" W a distance of 1258.30 feet to a point of |
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curvature; |
|
A distance of 1204.36 feet with the arc of a curve to the left |
|
having a radius of 5839.60 feet, a central angle of 11° 49' |
|
00", and a chord bearing S 73° 33' 59" W a distance of 1202.22 |
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feet to a point of tangency; |
|
S 67° 39' 29" W a distance of 516.41 feet to a point in a return |
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on the south line of a 17.089 acre tract as shown on a survey |
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plat by CDS/Muery Services dated April 23, 2007, recorded in |
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Comal County as document no. 200706020677; |
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THENCE along the east line of the aforementioned 17.089 acre |
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tract the following eight courses: |
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A distance of 78.08 feet with the arc of a curve to the left |
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having a radius of 50.00 feet, a central angle of 89° 28' 37", |
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and a chord bearing N 22° 08' 13" E a distance of 70.39 feet to |
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a point of tangency; |
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N 22° 36' 07" W a distance of 149.65 feet to a point; |
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N 32° 49' 27" W a distance of 61.98 feet to a point; |
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N 22° 36' 07" W a distance of 43.27 feet to a point of |
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curvature; |
|
A distance of 37.80 feet with the arc of a curve to the right |
|
having a radius of 616.00 feet, a central angle of 3° 30' 56", |
|
and a chord bearing N 20° 50' 38" W a distance of 37.79 feet to |
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a point; |
|
N 06° 24' 59" W a distance of 65.66 feet to a point; |
|
A distance of 109.40 feet with the arc of a curve to the right |
|
having a radius of 605.00 feet, a central angle of 10° 21' 40", |
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and a chord bearing N 07° 49' 38" W a distance of 109.28 feet |
|
to a point of tangency; |
|
North 02° 38' 48" West a distance of 107.03 feet to a point of |
|
curvature; |
|
THENCE along the north line of the aforementioned 17.089 acre |
|
tract: |
|
A distance of 39.28 feet with the arc of a curve to the left |
|
having a radius of 25.00 feet, a central angle of 90° 00' 00", |
|
and a chord bearing N 47° 38' 48" W a distance of 35.36 feet to |
|
a point of tangency; |
|
S 87° 21' 12" W a distance of 667.49 feet to a point of |
|
curvature; |
|
A distance of 768.90 feet with the arc of a curve to the left |
|
having a radius of 926.14 feet, a central angle of 47° 34' 06", |
|
and a chord bearing S 63° 34' 09" W ad distance of 747.01 feet |
|
to a point; |
|
THENCE along the west line of the aforementioned 17.089 acre |
|
tract, S 35° 39' 49" E a distance of 480.06 feet to a point; |
|
THENCE leaving the west line of the aforementioned 17.089 |
|
acre, the following three courses: |
|
S 54° 19' 09" W a distance of 147.99 feet to a point; |
|
S 35° 27' 43" E a distance of 115.07 feet to a point; |
|
N 54° 19' 09" E a distance of 148.39 feet to a point in the west |
|
line of the aforementioned 17.089 acre tract; |
|
THENCE along the west line of the aforementioned 17.089 acre |
|
tract, S 35° 39' 49" E a distance of 310.55 feet the PLACE OF |
|
BEGINNING, and containing 2,445 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, 2009. |