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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 Northwest Williamson County |
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Municipal Utility District No. 1; providing authority to impose a |
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tax and issue bonds; granting the power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8349 to read as follows: |
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CHAPTER 8349. NORTHWEST WILLIAMSON COUNTY MUNICIPAL UTILITY |
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DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8349.001. 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 Northwest Williamson County |
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Municipal Utility District No. 1. |
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Sec. 8349.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, and Section 52, |
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Article III, Texas Constitution. |
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Sec. 8349.003. CONFIRMATION ELECTION REQUIRED. (a) The |
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board shall hold an election to confirm the creation of the district |
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as provided by Section 49.102, Water Code. |
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(b) If the creation of the district is not confirmed at a |
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confirmation election before September 1, 2013: |
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(1) the district is dissolved September 1, 2013, |
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except that the district shall: |
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(A) pay any debts incurred; |
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(B) transfer to Williamson County any assets that |
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remain after the payment of debts; and |
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(C) maintain the organization of the district |
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until all debts are paid and remaining assets are transferred; and |
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(2) this chapter expires September 1, 2016. |
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Sec. 8349.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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All land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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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, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, bridges, and |
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appurtenances, in aid of those roads. |
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Sec. 8349.005. 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 an assessment or tax; or |
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(4) legality or operation. |
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[Sections 8349.006-8349.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8349.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8349.052. INITIAL DIRECTORS. (a) The initial board |
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consists of: |
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(1) Kevin Boscamp; |
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(2) Ken Willey; |
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(3) Trip Leon; |
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(4) Bill Woodall; and |
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(5) Bruce Hollingsworth. |
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(b) Unless the initial board agrees otherwise, the initial |
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directors shall draw lots to determine which two shall serve until |
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the first regularly scheduled election of directors and which three |
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shall serve until the second regularly scheduled election of |
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directors. |
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(c) This section expires September 1, 2016. |
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[Sections 8349.053-8349.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8349.101. 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. 8349.102. 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. 8349.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, and convey to |
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this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, bridges, and appurtenances, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the Texas Commission on Environmental Quality as required by |
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Section 54.234, Water Code. |
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Sec. 8349.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8349.103 |
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unless: |
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(1) the municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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(c) The district's construction, repair, and maintenance of |
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streets under this section must meet all applicable construction |
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standards and regulations of Williamson County. |
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Sec. 8349.105. 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 resolution that is adopted by the governing |
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body of a municipality under Section 54.016 or 54.0165, Water Code, |
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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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Sec. 8349.106. REGIONAL WASTE DISPOSAL POWERS AND DUTIES. |
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The district has the powers and duties applicable to a district |
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under Chapter 30, Water Code. |
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Sec. 8349.107. WASTEWATER TREATMENT FACILITY DESIGN |
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APPROVAL. The district must obtain the approval of the Brazos River |
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Authority for the design of a district wastewater treatment |
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facility. |
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Sec. 8349.108. WASTEWATER SERVICE PROVIDERS. Only the |
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Brazos River Authority or a provider approved by the Brazos River |
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Authority may provide wastewater service in the district. |
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Sec. 8349.109. COMPLIANCE WITH FEBRUARY 2005 AGREEMENT. |
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The district shall comply with the terms of the "Agreement |
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Regarding Sewer Services Areas and Customers" among the Lower |
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Colorado River Authority, the Brazos River Authority, the City of |
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Georgetown, the City of Liberty Hill, and the Chisholm Trail |
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Special Utility District dated February 1, 2005. |
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[Sections 8349.110-8349.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8349.151. 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 revenue or contract payments from a source |
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other than ad valorem taxes. |
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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. An ad valorem tax rate imposed by |
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the district may not exceed the rate approved at the election. |
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Sec. 8349.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8349.151, 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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[Sections 8349.153-8349.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8349.201. 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. 8349.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
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the time bonds or other obligations payable wholly or partly from ad |
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valorem taxes are issued: |
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(1) the board shall impose a continuing direct annual |
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ad valorem tax, at a rate not to exceed the rate approved at an |
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election held under Section 8349.151, for each year that all or part |
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of the bonds are outstanding; and |
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(2) the district annually shall impose an ad valorem |
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tax on all taxable property in the district in an amount sufficient |
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to: |
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(A) pay the interest on the bonds or other |
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obligations as the interest becomes due; |
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(B) create a sinking fund for the payment of the |
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principal of the bonds or other obligations when due or the |
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redemption price at any earlier required redemption date; and |
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(C) pay the expenses of imposing the taxes. |
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Sec. 8349.203. 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 Northwest Williamson County Municipal |
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Utility District No. 1 initially includes all the territory |
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contained in the following area: |
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Tract I |
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BEING 129.95 acres of the James Northcross Survey, Abstract |
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No. 478, in Williamson County, Texas; part of the tract called |
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162.755 acres (less exceptions) which is described in a deed to DEC |
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Circle C Ranch Ltd. of record in Doc. 2000085838, Official Records |
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of Williamson County, Texas. This tract was surveyed on the ground |
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in December of 2004, by Williams F. Forest, Jr., Registered |
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Professional Land Surveyor No. 1847. |
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BEGINNING at an iron pin which was set for the lower Northeast |
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corner of the said 162.755 acre tract, and for a corner of a |
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property which is described in a deed to K.W. Daniels of record in |
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Doc. 1998037189. |
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THENCE along the fenced East line of the said 162.755 acre |
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tract, S 18 deg. 55 min. 37 sec. E 1635.48 feet to a pipe post fence |
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corner found at the most Northerly East corner of an 18.34 acre |
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tract conveyed to The Mike Konle Trust in Doc. 2001088810. |
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THENCE along the fenced boundary of the said 162.755 acre |
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tract; S 69 deg. 43 min. 45 sec. W 1164.54 feet to a pipe post found |
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at the Northeast corner of 34.74 acre tract owned by C.D. Sherwood |
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and described in Vol. 594, Pg. 531; S 69 deg. 49 min. 40 sec. W |
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1203.87 feet to an iron pin found at a fence corner; and S 14 deg. 11 |
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min. 49 sec. E 1164.86 feet to an iron pin found at a fence corner. |
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THENCE with the North line of the 0.72 acre exception tract |
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described in Doc. 2000085838, finding iron pins at bends in the |
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fence as follows; S 39 deg. 14 min. 11 sec. W 160.52 feet; S 22 deg. |
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54 min. 47 sec. W 211.26 feet; and S 00 deg. 24 min. 34 sec. E 211.57 |
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feet to a nail found in the concrete base of a fence corner post. An |
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iron pin found stands N 70 deg. 19 min. 01 sec. E 2.44 feet. |
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THENCE with the North line of County Road 289, S 71 deg. 31 |
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min. 37 sec. W 323.55 feet to an iron pin found. |
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THENCE with the boundary of the 9.5 acre tract conveyed to |
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Deborah E. Ivicic in Doc. 1998018246, N 19 deg. 05 min. 07 sec. W |
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991.53 feet to an iron pin found; and S 71 deg. 05 min. 12 sec. W |
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401.03 feet to an iron pin set in the East line of the 14 acres |
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conveyed to a D.W. Anderson in Doc. 1998010248. |
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THENCE N 12 deg. 54 min.12 sec. E 2944.388 feet to and iron |
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pin found. |
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THENCE with the North boundary of the said 162.755 acre |
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tract, finding pipe post fence corners as follows; N 72 deg. 33 min. |
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58 sec. E 331.83 feet; S 16 deg. 51 min. 12 sec. E 147.920 feet; and |
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N 72 deg. 41 min. 18 sec. E 1656.79 feet to the POINT OF BEGINNING. |
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Tract II |
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BEING 9.50 acre of the James Northcross Survey, Abstract No. |
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478, in Williamson County, Texas; part of the tract called 9.5 acres |
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as described in a Correction Deed to Deborah Elizabeth Ivicic, of |
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record in Doc. 1998018246, Official Records of Williamson County, |
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Texas. This tract was surveyed on the ground in December of 2004, by |
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William F. Forest, Jr., Registered Professional Land surveyor No. |
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1847. |
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BEGINNING at an iron pin which was found in the North line of |
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County Road 289, at the Southwest corner of the said Deborah Ivicic |
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9.5 acre tract and at the Southeast corner of a 6.68 acre tract. |
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THENCE with the West line of the said 9.5 acre Ivicic tract, N |
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19 deg. 05 min. 48 sec. W 965.73 feet to an iron pin set in the East |
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line of a 14 acre tract which is described in a deed to Daniel W. |
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Anderson of record in Doc. 1998018248. |
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THENCE with the East line of the Anderson 14 acres, N 12 deg. |
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54 min. 12 sec. E 30.93 feet to an iron pint set. |
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THENCE with the North line of the Deborah Ivicic 9.5 acres, N |
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70 deg. 05 min. 12 sec. E 401.03 feet to and iron pin found. |
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THENCE with the East boundary of the Ivicic 9.5 acres, S 19 |
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deg. 05 min. 07 sec. E 991.53 feet to an iron pin found. |
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THENCE with the north Line of County Road 289, S 71 deg. 26 |
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min. 57 sec. W 24.90 feet to an iron pin found; and S 70 deg. 59 min. |
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36 sec. W 392.32 feet to the POINT OF BEGINNING. |
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TRACT III |
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BEING 6.68 acres of the James Northcross Survey, Abstract No. |
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478, in Williamson County, Texas; part of the tract called 162.775 |
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acres (less exceptions) which is described in a deed to DEC Circle C |
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Ranch Ltd. of record in Doc. 2000085838, Official Records of |
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Williamson County, Texas. This tract was surveyed on the ground in |
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December of 2004, by William F. Forest, Jr., Registered |
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Professional Land Surveyor No. 1847. |
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BEGINNING at an iron pin which was found in the North line of |
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County Road 289, at the Southeast corner of the 14.00 acre exception |
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tract which is described in Doc. 2000085838 (the same 14.00 acre |
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tract which is described in a deed to Daniel W. Anderson of record |
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in Doc. 1998018248). A nail found in the concrete base of a fence |
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corner post (at the Southwest corner of the said 162.755 acres) |
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stands S 70 deg. 58 min. 03 sec. W 174.52 feet. |
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THENCE with the East line of the said 14.00 acre tract, N 12 |
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deg. 54 min. 12 sec. E 1137.98 feet to an iron pin set in the West |
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line of the 9.5 acre Exception tract that is described in Doc. |
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2000085838 and as conveyed by a Correction Deed to Deborah E. Ivicic |
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in Doc. 1998018246. An iron pin found stands N 19 deg. 05 min. 48 |
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sec. W 26.28 feet. |
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THENCE with the West line of said 9.5 Deborah Ivicic tract, S |
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19 deg. 05 min. 48 sec. E 965.73 feet to an iron pin found. |
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THENCE with the North line of County Road 289, S 70 deg. 58 |
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min. W 603.04 feet to the POINT OF BEGINNING. |
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TRACT IV |
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BEING 13.99 acres of the James Northcross Survey, Abstract |
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No. 478, in Williamson County, Texas. This tract is the same tract |
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which is called 14 acres and described in a deed to Daniel W. |
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Anderson of record in Doc. 1998018248, Official Records of |
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Williamson County, Texas. This tract was surveyed on the ground in |
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December of 2004, by William F. Frost, Jr., Registered Professional |
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Land Surveyor No. 1847. |
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BEGINNING at a nail found in the concrete base of a fence |
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corner post in the North line of County Road 289, at the Southwest |
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corner of said 14.00 acre Anderson tract. |
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THENCE with the West line of said 14.00 acre tract, N 12 deg. |
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54 min. 15 sec. E 4119.77 feet to an iron pin found at a fence |
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corner. |
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THENCE with the North boundary of the said 14 acre tract, N 72 |
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deg. 39 min. 14 sec. E 171.38 feet to an iron pin found. |
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THENCE S 12 deg. 54 min. 12 sec. W passing iron pins set on |
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line, continuing in all 4113.79 feet to an iron pin found. |
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THENCE S 70 deg. 58 min. 03 sec. W 174.52 feet to the POINT OF |
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BEGINNING. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |