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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 Caldwell County Municipal Utility |
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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 F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8307 to read as follows: |
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CHAPTER 8307. CALDWELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8307.001. 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 Caldwell County Municipal |
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Utility District No. 1. |
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Sec. 8307.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8307.003. 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. 8307.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8307.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8307.005. 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 municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas 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. 8307.006. 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 8307.007-8307.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8307.051. 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 8307.052, directors serve |
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staggered four-year terms. |
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Sec. 8307.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Joseph John Mazzola III; |
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(2) Hunter Wallace Dehn; |
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(3) Seth Thatcher; |
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(4) Scott Guesner; and |
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(5) Mark Solomon. |
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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 8307.003; 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 8307.003 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 8307.003; 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 Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8307.053-8307.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8307.101. 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. 8307.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8307.103. 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. 8307.104. 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. 8307.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8307.106. LIMITATION ON CONSTRUCTION AND DEVELOPMENT |
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IN DISTRICT. A developer may not begin construction or development |
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of a project in the district unless the developer has entered into a |
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contract with an appropriate entity for the provision of water and |
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sewer services for the project. |
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Sec. 8307.107. LOCAL ROADWAY IMPROVEMENT. A developer who |
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undertakes a project in the district shall enter into an agreement |
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with the Texas Department of Transportation, the commissioners |
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court of any county in whose jurisdiction the district is located, |
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or another appropriate entity to make improvements in the roads |
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surrounding the district to mitigate any problems with traffic the |
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proposed project is anticipated to cause or create. |
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Sec. 8307.108. 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 8307.103; 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. 8307.109. 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: |
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(1) contain any land outside the area described by |
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Section 2 of the Act creating this chapter; or |
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(2) contain less than 100 acres. |
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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 according to the most recent |
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certified appraisal roll for each county in which the district is |
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located, may adopt an order dividing the 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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8307.003 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 8307.003. |
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(i) 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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(j) Any new district created by the division of the district |
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may divide into two or more districts as provided by this section. |
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[Sections 8307.110-8307.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8307.151. 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 8307.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an 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. 8307.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8307.151, 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. 8307.153. 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 8307.154-8307.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8307.201. 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. 8307.202. 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 Sections 54.601 and 54.602, Water Code. |
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Sec. 8307.203. 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 Caldwell County Municipal Utility District |
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No. 1 initially includes all the territory contained in the |
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following area: |
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TRACT 1 - 3473.37 ACRES |
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All that certain tract or parcel of land situated in Caldwell |
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County, Texas out of the Eason Tyson Survey, Abstract No. 291 and |
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the Almerion Dickinson Survey, Abstract No. 5, Caldwell County, |
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Texas and being those tracts described as 256.38 acres in a Special |
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Warranty Deed granted to Don Ray George, et ux, and recorded in |
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Volume 81, Page 50, Official Public Records of Caldwell County, |
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Texas, and 339.33 acres in a Special Warranty Deed with Vendor's |
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Lien granted to Don Ray George, et ux, and recorded in Volume 81, |
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Page 558, of said official public records and 1638.30 acres in a |
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Special Warranty Deed granted to Don Ray George, et ux, and recorded |
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in Volume 80, Page 901, of said official public records and 384-1/4 |
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acres (First Tract), 157 acres (Tract One of Second Tract), 200 |
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acres (Tract Two of Second Tract), Tract Four of Second Tract, 100 |
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acres (Tract Two of Third Tract), 100 acres (Tract One of Third |
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Tract), 100 acres (Tract Three of Second Tract), and 200 acres |
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(Seventh Tract) in a Deed granted to Sidney Camille Brewster Young, |
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and recorded in Volume 342, Page 454, Deed Records of Caldwell |
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County, Texas, and further described by metes and bounds as |
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follows: |
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BEGINNING at a 1/2" iron pin found at the intersection of the |
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northeast line of Highway 80, a.k.a. San Marcos Highway, |
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right-of-way varies, and the northwest line of County Road 110, |
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a.k.a. Long Road, right-of-way varies, for the southwest corner of |
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said Don Ray George, et ux tract (81/50) and this tract; |
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THENCE, with the northeast line of said Highway 80 and the southwest |
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line of said Don Ray George, et ux tracts (81/50), (81/558), and |
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(80/901) and this tract in the following twenty one (21) courses; |
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1. N 25°59'34" W 115.79 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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2. N 61°10'25" E 15.80 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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3. N 25°58'07" W 597.09 feet to a concrete monument found, |
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4. S 70°49'29" W 15.15 feet to a 1/2" iron pin found, |
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5. N 25°56'19" W 997.88 feet to a concrete monument, |
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6. N 66°58'22" E 5.66 feet to a concrete monument, |
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7. N 25°59'32" W 399.21 feet to a concrete monument, |
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8. S 77°04'13" W 6.02 feet to a concrete monument, |
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9. N 25°53'15" W at 1298.67 feet and 0.17 feet to the left passing a |
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concrete monument found, in all 1364.69 feet to a 1/2" iron |
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pin found for the northwest corner of said Don Ray George, et |
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ux tract (81/50) and the southwest corner of said Don Ray |
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George, et ux tract (81/558), |
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10. N 25°51'03" W 1331.32 feet to a concrete monument, |
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11. N 63°37'33" E 9.12 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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12. N 26°05'30" W 200.05 feet to a concrete monument found, |
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13. S 70°24'55" W 10.36 feet to a concrete monument with a 60d nail |
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found in it, |
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14. N 25°52'07" W 999.81 feet to a 1/2" pipe found, |
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15. N 64°06'49" E 139.42 feet to a 1/2" iron pin found, |
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16. N 26°06'10" W 128.89 feet to a 1/2" pipe found for the northwest |
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corner of said Don Ray George, et ux tract (81/558) and an |
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angle point of said Don Ray George, et ux tract (80/901), |
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17. N 25°48'08" W 221.34 feet to a 1/2" iron pin found, |
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18. S 63°52'16" W 130.00 feet to a calculated point inundated by |
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Dickerson Creek, |
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19. N 25°55'54" W 749.61 feet to a concrete monument, |
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20. S 68°37'09" W 9.87 feet to a concrete monument, |
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21. N 25'55"39" W at 1400.02 feet and 0.40 feet to the left passing |
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a right-of-way monument found, in all 1907.70 feet to a 1/2" |
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iron pin found at the intersection of the northeast line of |
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said Highway 80 and the southeast line of County Road 107, |
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a.k.a. Dickerson Road, right-of-way varies, for the |
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northwest corner of said Don Ray George, et ux tract (80/901) |
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and this tract; |
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THENCE, with the southeast line of said County Road 107 and the |
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northwest line of said Don Ray George, et ux tract (80/901), said |
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Sidney Camille Brewster Young tracts (First Tract), (Tract One of |
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Second Tract), and (Tract Two of Second Tract) and this tract in the |
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following twenty one (21) courses, |
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1. N 27°50'19" E 99.49 feet to a 1/2" iron pin found, |
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2. N 48°30'05" E 1090.68 feet to a 1/2" iron pin found, |
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3. N 48°30'04" E 1359.07 feet to a 1/2" iron pin found, |
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4. N 48°38'19" E 1936.21 feet to a 1/2" iron pin found, |
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5. N 48°35'39" E 1168.70 feet to a 1/2" iron pin with a yellow |
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plastic cap inscribed "CS,LTD." set, |
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6. N 49°05'39" E 540.52 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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7. N 73°35'13" E 43.60 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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8. S 84°27'23" E 365.52 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set in the southwest line of that |
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tract described as 607.42 acres in a Special Warranty Deed |
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granted to The Revocable Living Trust of Arthur Don Purswell |
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and Marian Young Purswell and recorded in Volume 177, Page |
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133, of said official public records and leaving said County |
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Road 107, |
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9. S 41°29'30" E 275.84 feet to a 1/2" iron pin found for the |
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southwest corner of said Arthur Don Purswell and Marian Young |
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Purswell tract and an interior ell corner of said Don Ray |
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George, et ux tract and this tract, |
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10. N 48°41'10" E 316.93 feet with the southeast line of said Arthur |
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Don Purswell and Marian Young Purswell tract to a 1/2" iron |
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pin with a yellow plastic cap inscribed "CS, LTD." set in the |
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southeast line of said County Road 107, |
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11. N 48°18'17" E 510.35' feet continuing with the southeast line of |
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said Arthur Don Purswell and Marian Young Purswell tract to a |
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1/2" iron pin found, |
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12. N 48°39'36" E 615.14 feet to a 1/2" iron pin with a yellow |
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plastic cap inscribed "CS, LTD." set, |
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13. N 48°47'27" E 244.10 feet to a 1/2" iron pin with a yellow |
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plastic cap inscribed "CS, LTD." set, |
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14. N 52°42'18" E 172.20 feet to a 1/2" iron pin found, |
|
15. N 61°58'35" E 114.42 feet to a 1/2" iron pin with a yellow |
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plastic cap inscribed "CS, LTD." set, |
|
16. N 48°18'51" E 689.17 feet to a 1/2" iron pin found, |
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17. N 48°16'14" E 456.03 feet to a 1/2" iron pin found, |
|
18. N 48°54'32" E 642.45 feet to a 5/8" iron pin found for the |
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northwest corner of said Sidney Camille Brewster Young tract |
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(First Tract) and the northeast corner of said Don Ray |
|
George, et ux tract (80/901), |
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19. N 48°49'02" E 2107.30 feet to a nail found at the top of a post |
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for the northwest corner of said Sidney Camille Brewster |
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Young tract (Tract One of Second Tract) and the northeast of |
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said Sidney Camille Brewster Young tract (First Tract), |
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20. N 48°24'33" E 844.46 feet to a 1/2" iron pin with a yellow |
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plastic cap inscribed "CS, LTD." set for the northwest corner |
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of said Sidney Camille Brewster Young tract (Tract Two of |
|
Second Tract) and the northeast corner of said Sidney Camille |
|
Brewster Young tract (Tract One of Second Tract), |
|
21. N 47°54'42" E 1089.86 feet to a 5/8" iron pin found for the |
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northwest corner of that tract described as 5.41 acres (First |
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Tract) in a Warranty Deed granted to Nazario Reyna, et al, and |
|
recorded in Volume 109, Page 311, of said official public |
|
records and the northeast corner of said Sidney Camille |
|
Brewster Young tract (Tract Two of Second Tract) and the most |
|
westerly northeast corner of this tract, |
|
THENCE, with the southwest line of said Nazario Reyna, et al tract |
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(First Tract) and that tract described as 7.67 acres (Second Tract) |
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in said Nazario Reyna, et al, Warranty Deed and those tracts |
|
described as 6.04 acres (Tract One), 6.05 acres (Tract Two), 7.55 |
|
acres (Tract Three), and 7.55 acres (Tract Four) in a Warranty Deed |
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with Vendor's Lien granted to Michael Henry and recorded in Volume |
|
66, Page 504, of said official public records and that tract |
|
described as 10.29 acres in a Warranty Deed granted to Thomas J. |
|
Chrystal, et al, and recorded in Volume 496, Page 677, of said deed |
|
records and the northeast line of said Sidney Camille Brewster |
|
Young tract (Tract Two of Second Tract) and continuing with the |
|
northwest line of this tract in the following seven (7) courses, |
|
1. S 41°22'58" E 700.00 feet to a 1/2" iron pin found for the |
|
northwest corner of said Nazario Reyna, et al tract (Second |
|
Tract) and the southwest corner of said Nazario Reyna, et al |
|
tract (First Tract), |
|
2. S 41°30'13" E 337.71 feet to a 1/2" iron pin found for the |
|
northwest corner of said Michael Henry tract (Tract Four) and |
|
the southwest corner of said Nazario Reyna, et al tract |
|
(Second Tract), |
|
3. S 41°48'01" E 326.67 feet to a 1/2" iron pin found for the |
|
northwest corner of said Michael Henry tract (Tract Three) |
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and the southwest corner of said Michael Henry tract (Tract |
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Four), |
|
4. S 42°06'52" E 326.93 feet to a 1/2" iron pin found for the |
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northwest corner of said Michael Henry tract (Tract Two) and |
|
the southwest corner of said Michael Henry tract (Tract |
|
Three), |
|
5. S 42°11'00" E 262.18 feet to a 1/2" iron pin found for the |
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northwest corner of said Michael Henry tract (Tract One) and |
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the southwest corner of said Michael Henry tract (Tract Two), |
|
6. S 42°21'52" E 261.98 feet to a 1/2" iron pin found for the |
|
northwest corner of said Thomas J. Chrystal, et al tract and |
|
the southwest corner of said Michael Henry tract (Tract One), |
|
7. S 42°28'15" E 448.18 feet to a 1/2" iron pin found for the |
|
northwest corner of said Sidney Camille Brewster Young tract |
|
(Tract Two of Third Tract) and the southwest corner of said |
|
Thomas J. Chrystal, et al tract and an interior ell corner of |
|
this tract; |
|
THENCE, with the southeast line of said Thomas J. Chrystal, et al |
|
tract and that tract described as 10.20 acres in a Warranty Deed |
|
granted to Anna Lowe, et al, and recorded in Volume 120, Page 785, |
|
of said official public records and that tract described as 25.00 |
|
acres in a Contract For Deed granted to Wayne Carlton Latham, et ux, |
|
and recorded in Volume 75, Page 46, of said official public records |
|
and that tract described as 35.31 acres in a General Warranty Deed |
|
granted to Wayne Carlton Latham, et ux, and recorded in Volume 318, |
|
Page 900, of said official public records and the northwest line of |
|
said Sidney Camille Brewster Young tract (Tract Two of Third Tract) |
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and continuing with the northwest line of this tract in the |
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following nine (9) courses, |
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1. N 47°59'47" E 399.12 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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2. N 47°59'47" E 399.62 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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3. N 47°51'49" E at 176.33 feet passing a 1/2" iron pin with a yellow |
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plastic cap inscribed "CS, LTD." set for the southwest corner |
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of an unimproved 50 foot roadway, in all 201.32 feet to a 1/2" |
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iron pin with a red cap inscribed "Hinkle Surveyor" found for |
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the southwest corner of said Anna Lowe, et al tract and the |
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southeast corner of said Thomas J. Chrystal, et al tract, |
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4. N 48°33'39" E at 25.04 feet passing a 60d nail found at the base |
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of a 20" Elm Tree for the southeast corner of said roadway, in |
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all 199.14 feet to a 5/8" iron pin found, |
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5. N 47°26'44" E 398.26 feet to a 5/8" iron pin found at a 12" Twin |
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Elm Tree, |
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6. N 47°48'57" E 400.42 feet to a 1/2" iron pin with an aluminum cap |
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inscribed "Burn & Assoc. Surveying" found for the southwest |
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corner of said Wayne Carlton Latham, et ux tract (75/46) and |
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the southeast corner of said Anna Lowe, et al tract, |
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7. N 48°21'48" E 318.40 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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8. N 48°02'21" E 515.92 feet to a 12" treated fence post found for |
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the southwest corner of said Wayne Carlton Latham, et ux |
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tract (318/900) and the southeast corner of said Wayne |
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Carlton Latham, et ux tract (75/46), |
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9. N 48°06'50" E 1165.61 feet to a 5/8" iron pin found in the |
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southwest line of that tract described as 433.16 acres in a |
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Deed granted to Everett F. Johnson, et al, and recorded in |
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Volume 320, Page 3, of said deed records for the southeast |
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corner of said Wayne Carlton Latham, et ux tract (318/900) |
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and the northeast corner of said Sidney Camille Brewster |
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Young tract (Tract Two of Third Tract) and the most easterly |
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northeast corner of this tract; |
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THENCE, with the southwest line of said Everett F. Johnson, et al |
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tract as fenced and that tract described as 97.20 acres in an |
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Extension Agreement granted to Jo Ann Simmons, and recorded in |
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Volume 127, Page 303, of said deed records and the northeast line of |
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said Sidney Camille Brewster Young tracts (Tract Two of Third |
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Tract), (Tract One of Third Tract), (Tract Three of Second Tract), |
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and (Seventh Tract) and this tract as fenced in the following nine |
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(9) courses, |
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1. S 41°20'59" E 1086.22 feet to a 1/2" iron pin with a yellow |
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plastic cap inscribed "CS, LTD." set for the northeast corner |
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of said Sidney Camille Brewster Young tract (Tract One of |
|
Third Tract) and the southeast corner of said Sidney Camille |
|
Brewster Young tract (Tract Two of Third Tract), |
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2. S 41°47'44" E 476.92 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set at a fence corner, |
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3. S 41°55'29" E 609.13 feet to a 1/2" iron pin with a yellow plastic |
|
cap inscribed "CS, LTD." set for the northeast corner of said |
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Sidney Camille Brewster Young tract (Tract Three of Second |
|
Tract) and the southeast corner of said Sidney Camille |
|
Brewster Young tract (Tract One of Third Tract), |
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4. S 41°10'50" E 1091.49 feet to a 1/2" iron pin found for the |
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northwest corner of said Jo Ann Simmons tract and the |
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northeast corner of said Sidney Camille Brewster Young tract |
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(Seventh Tract) and the southeast corner of said Sidney |
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Camille Brewster Young tract (Tract Three of Second Tract), |
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5. S 41°33'35" E 500.01 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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6. S 41°55'23" E 500.01 feet to a 1/2" iron pin with a yellow plastic |
|
cap inscribed "CS, LTD." set, |
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7. S 41°16'46" E 652.96 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." set, |
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8. S 42°36'00" E 270.74 feet to a 1/2" iron pin found for the most |
|
westerly southwest corner of said Jo Ann Simmons tract, |
|
9. S 41°33'20" E 213.33 feet to a 1/2" iron pin with a yellow plastic |
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cap inscribed "CS, LTD." |
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set in the fenced northwest line of said County Road 110 for |
|
the southeast corner of said Sidney Camille Brewster Young |
|
tract (Seventh Tract) and this tract; |
|
THENCE, with the northwest line of said County Road 110 as occupied |
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and the southeast line of said Sidney Camille Brewster Young tracts |
|
(Seventh Tract), (Tract Two of Second Tract), (Tract One of Second |
|
Tract), and (First Tract) and said Don Ray George, et ux tracts |
|
(80/901) and (81/50) as occupied and this tract in the following |
|
thirty (30) courses, |
|
1. S 48°25'35" W 3998.39 feet to a 1/2" iron pin with a yellow |
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plastic cap inscribed "CS, LTD." set at a fence corner post |
|
for the southeast corner of said Sidney Camille Brewster |
|
Young tract (Tract Two of Second Tract) and the southwest |
|
corner of said Sidney Camille Brewster Young tract (Seventh |
|
Tract), |
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2. S 47°59'23" W 1101.35 feet to a 1/2" iron pin with a yellow |
|
plastic cap inscribed "CS, LTD." set for the southeast corner |
|
of said Sidney Camille Brewster Young tract (Tract One of |
|
Second Tract) and the southwest corner of said Sidney Camille |
|
Brewster Young tract (Tract Two of Second Tract), |
|
3. S 48°14'02" W 846.20 feet to a 1/2" iron pin with a yellow plastic |
|
cap inscribed "CS, LTD." set at a fence corner post for the |
|
southeast corner of said Sidney Camille Brewster Young tract |
|
(First Tract) and the southwest corner of said Sidney Camille |
|
Brewster Young tract (Tract One of Second Tract), |
|
4. S 48°55'00" W 2089.02 feet to a 1/2" iron pin found for the |
|
southeast corner of said Don Ray George, et ux tract (80/901) |
|
and the southwest corner of said Sidney Camille Brewster |
|
Young tract (First Tract), |
|
5. S 47°15'53" W 828.29 feet to a 1/2" iron pin found, |
|
6. S 48°14'38" W 1800.54 feet to a 1/2" iron pin found, |
|
7. S 45°53'08" W 29.28 feet to a 1/2" iron pin found, |
|
8. S 47°42'12" W 1192.83 feet to a concrete monument, |
|
9. S 55°48'36" W 86.13 feet to a 1/2" iron pin found, |
|
10. S 44°50'37" W 86.74 feet to a 1/2" iron pin found, |
|
11. S 46°59'47" W 1025.64 feet to a 1/2" iron pin with a yellow |
|
plastic cap inscribed "CS, LTD." set, |
|
12. S 51°14'20" W 63.03 feet to a 1/2" iron pin found, |
|
13. S 48°31'46" W 323.13 feet to a 1/2" iron pin found, |
|
14. S 48°10'15" W 419.02 feet to a 1/2" iron pin found, |
|
15. S 52°57'23" W 267.70 feet leaving said fence to a 1/2" iron pin |
|
with a yellow plastic cap inscribed "CS, LTD." set, |
|
16. S 49°27'07" W 266.78 feet to a 1/2" iron pin found, |
|
17. S 41°16'15" E 29.52 feet back to said fence and to a 1/2" iron |
|
pin found, |
|
18. S 48°19'28" W 383.14 feet to a 1/2" iron pin found, |
|
19. S 48°20'59" W 761.56 feet to a 1/2" iron pin found, |
|
20. S 48°44'26" W 698.20 feet to a 1/2" iron pin with a yellow |
|
plastic cap inscribed "CS, LTD." set, |
|
21. S 48°09'58" W 530.04 feet to a 1/2" iron pin found, |
|
22. S 48°39'32" W 124.20 feet to a 1/2" iron pin found for the |
|
southeast corner of said Don Ray George, et ux tract (81/50) |
|
and the southwest corner of said Don Ray George, et ux tract |
|
(80/901), |
|
23. S 48°27'11" W 825.07 feet to a 1/2" iron pin found, |
|
24. S 52°37'55" W 62.98 feet to a 1/2" iron pin with a yellow plastic |
|
cap inscribed "CS, LTD." set, |
|
25. S 48°49'11" W 50.25 feet to a 1/2" iron pin with a yellow plastic |
|
cap inscribed "CS, LTD." set, |
|
26. S 41°28'02" W 18.93 feet to a 1/2" iron pin found, |
|
27. S 48°16'14" W 843.13 feet to a 1/2" iron pin with a yellow |
|
plastic cap inscribed "CS, LTD." set, |
|
28. S 48°23'56" W 434.47 feet to a 1/2" iron pin found, |
|
29. S 48°28'12" W 1554.39 feet to a 1/2" iron pin with a yellow |
|
plastic cap inscribed "CS, LTD." set, |
|
30. S 58°27'42" W 11.24 feet to the Point of Beginning and |
|
containing 3473.37 acres of land within this metes and bounds |
|
description. |
|
Bearings cited hereon based on Grid North, Texas State Plane |
|
Coordinate System (Central Zone) NAD83. |
|
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. |