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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 Pilot Knob Municipal Utility |
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District No. 2; 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 8____ to read as follows: |
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CHAPTER 8____. PILOT KNOB MUNICIPAL UTILITY DISTRICT |
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NO.__ 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8____.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 Pilot Knob Municipal Utility |
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District No. 2. |
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Sec. 8____.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. 8____.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. 8____.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8____.003 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. 8____.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) 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. 8____.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 8____.007-8____.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8____.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 8____.052, directors |
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serve staggered four-year terms. |
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Sec. 8____.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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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 8____.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 8____.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 8____.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 8____.053-8____.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8____.101. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8____.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. 8____.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, improve, and |
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convey to 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, 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 |
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from the commission as required by Section 54.234, Water Code. |
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Sec. 8____.104. APPROVAL OF ROAD PROJECT. (a) The |
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district may not undertake a road project authorized by Section |
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8____.103 unless: |
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(1) each 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, if a municipality or county will operate and maintain |
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the road; 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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Sec. 8____.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. 8____.106. 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 8____.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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[Sections 8____.107-8____.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8____.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 8____.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. 8____.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8____.151, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8____.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 8____.154-8____.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8____.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. 8____.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. 8____.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 Pilot Knob Municipal Utility District No. 2 |
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initially includes all the territory contained in the following |
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area: 557.187 acres of land described below: |
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A DESCRIPTION OF 557.672 ACRES IN THE SANTIAGO DEL VALLE GRANT IN |
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TRAVIS COUNTY, TEXAS, BEING A PORTION OF A 138.540 ACRE TRACT |
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DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., |
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DATED MARCH 2, 2007 AND RECORDED IN DOCUMENT NO. 2007038642 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
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20.807 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
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ACQUISITION INC., DATED JANUARY 3, 2007 AND RECORDED IN DOCUMENT |
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NO. 2007003159 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
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TEXAS, A PORTION OF AN 81.018 ACRE TRACT DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND |
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RECORDED IN DOCUMENT NO. 2006246454 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS, A PORTION OF A 103.415 ACRE TRACT DESCRIBED |
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IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER |
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20, 2006 AND RECORDED IN DOCUMENT NO. 2006224021 OF THE OFFICIAL |
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PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 167.748 ACRE |
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TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION |
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INC., DATED DECEMBER 13, 2006 AND RECORDED IN DOCUMENT NO. |
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2006241307 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
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A PORTION OF A 42.558 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY |
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DEED TO JONA ACQUISITION INC., DATED MAY 16, 2008 AND RECORDED IN |
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DOCUMENT NO. 2008083861 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
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COUNTY, TEXAS, A PORTION OF A 20.005 ACRE TRACT DESCRIBED IN A |
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WARRANTY DEED WITH VENDOR'S LIEN TO JOHN T. HALDENSTEIN AND JOSHUA |
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N. HALDENSTEIN, DATED DECEMBER 14, 2000 AND RECORDED IN DOCUMENT |
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NO. 2000203669 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
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TEXAS, A PORTION OF A 198.302 ACRE TRACT DESCRIBED IN A GENERAL |
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WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 20, 2006 AND |
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RECORDED IN DOCUMENT NO. 2006244772 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS, A PORTION OF A 232.233 ACRE TRACT DESCRIBED |
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IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION |
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INC., DATED JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003190 |
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OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF |
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A 37.390 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA |
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ACQUISITION INC., DATED OCTOBER 30, 2008 AND RECORDED IN DOCUMENT |
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NO. 2008179828 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
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TEXAS, A PORTION OF COLTON BLUFF SPRINGS ROAD (APPARENT |
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RIGHT-OF-WAY WIDTH VARIES), AND ALL OF A 67.339 ACRE ACRE TRACT |
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DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., |
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DATED NOVEMBER 7, 2007 AND RECORDED IN DOCUMENT NO. 2007204509 OF |
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THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; SAID 557.672 |
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ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS: |
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BEGINNING at a 1/2" iron pipe found for an interior ell corner in |
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the north line of said 138.540 acre tract, same being an angle point |
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in the south line of a 380.080 acre tract described in a deed to |
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Ernest Collins and Floretta Collins, recorded in Volume 12791, Page |
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11 of the Real Property Records of Travis County, Texas; |
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THENCE crossing said 138.540 acre tract, said 20.807 acre tract, |
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Colton Bluff Springs Road, said 81.018 acre tract, said 103.415 |
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acre tract, said 167.748 acre tract, said 42.558 acre tract, said |
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20.005 acre tract, said 198.302 acre tract, said 232.233 acre |
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tract, and said 37.390 acre tract, the following thirty (30) |
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courses and distances: |
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1. South 27°05'52" West, a distance of 3.20 feet to a |
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calculated point; |
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2. South 47°34'32" East, a distance of 42.94 feet to a |
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calculated point; |
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3. With a curve to the left, having a radius of 2002.94 feet, |
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a delta angle of 22°31'58", an arc length of 787.70 feet, and a chord |
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which bears South 58°50'31" East, a distance of 782.64 feet to a |
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calculated point; |
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4. South 19°53'30" West, a distance of 342.26 feet to a |
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calculated point; |
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5. With a curve to the left, having a radius of 499.99 feet, |
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a delta angle of 41°14'55", an arc length of 359.95 feet, and a chord |
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which bears South 00°43'58" East, a distance of 352.23 feet to a |
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calculated point; |
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6. South 21°21'01" East, a distance of 1149.03 feet to a |
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calculated point; |
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7. With a curve to the right, having a radius of 800.00 feet, |
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a delta angle of 04°05'43", an arc length of 57.18 feet, and a chord |
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which bears South 19°18'34" East, a distance of 57.17 feet to a |
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calculated point; |
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8. South 27°06'32" West, a distance of 1006.99 feet to a |
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calculated point; |
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9. North 62°55'07" West, a distance of 393.93 feet to a |
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calculated point; |
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10. South 27°04'42" West, a distance of 1090.01 feet to a |
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calculated point; |
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11. South 62°55'07" East, a distance of 393.35 feet to a |
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calculated point; |
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12. South 27°05'07" West, a distance of 1284.12 feet to a |
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calculated point; |
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13. South 27°11'27" West, a distance of 450.14 feet to a |
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calculated point; |
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14. With a curve to the left, having a radius of 1399.96 |
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feet, a delta angle of 31°05'54", an arc length of 759.86 feet, and a |
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chord which bears North 77°33'02" West, a distance of 750.56 feet to |
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a calculated point; |
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15. South 86°54'01" West, a distance of 948.14 feet to a |
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calculated point; |
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16. With a curve to the right, having a radius of 1399.96 |
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feet, a delta angle of 31°17'38", an arc length of 764.63 feet, and a |
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chord which bears North 77°27'10" West, a distance of 755.16 feet to |
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a calculated point; |
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17. North 61°48'21" West, a distance of 1135.34 feet to a |
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calculated point; |
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18. North 28°11'39" East, a distance of 910.01 feet to a |
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calculated point; |
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19. With a curve to the right, having a radius of 431.98 |
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feet, a delta angle of 53°14'32", an arc length of 401.42 feet, and a |
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chord which bears North 58°50'30" East, a distance of 387.13 feet to |
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a calculated point; |
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20. North 16°01'51" West, a distance of 256.62 feet to a |
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calculated point; |
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21. With a curve to the left, having a radius of 606.85 feet, |
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a delta angle of 50°15'23", an arc length of 532.29 feet, and a chord |
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which bears North 37°39'34" West, a distance of 515.39 feet to a |
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calculated point; |
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22. North 62°55'18" West, a distance of 292.66 feet to a |
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calculated point; |
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23. With a curve to the right, having a radius of 1466.51 |
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feet, a delta angle of 180°00'00", an arc length of 4607.17 feet, and |
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a chord which bears North 27°04'42" East, a distance of 2933.02 feet |
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to a calculated point; |
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24. South 62°55'18" East, a distance of 292.66 feet to a |
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calculated point; |
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25. With a curve to the left, having a radius of 606.85 feet, |
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a delta angle of 50°15'23", an arc length of 532.29 feet, and a chord |
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which bears South 88°11'02" East, a distance of 515.39 feet to a |
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calculated point; |
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26. North 70°11'14" East, a distance of 260.49 feet to a |
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calculated point; |
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27. With a curve to the right, having a radius of 428.50 |
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feet, a delta angle of 57°46'46", an arc length of 432.12 feet, and a |
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chord which bears North 02°55'38" West, a distance of 414.04 feet to |
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a calculated point; |
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28. North 25°57'45" East, a distance of 891.49 feet to a |
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calculated point; |
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29. With a curve to the right, having a radius of 750.00 |
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feet, a delta angle of 16°27'44", an arc length of 215.49 feet, and a |
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chord which bears North 34°11'36" East, a distance of 214.75 feet to |
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a calculated point; |
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30. North 42°25'28" East, a distance of 130.83 feet to a |
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calculated point in the common line of said 138.540 acre tract and |
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said 380.080 acre tract, from which a 3/4" iron pipe found for an |
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angle point in said common line bears North 47°34'32" West, a |
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distance of 1131.25 feet; |
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THENCE South 47°34'32" East, with said common line, a distance of |
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1475.59 feet to the POINT OF BEGINNING, containing 557.672 acres of |
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land, more or less. |
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SAVE AND EXCEPT 0.485 ACRES: |
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BEING ALL OF A 21,064 SQUARE FOOT TRACT DESCRIBED IN A WARRANTY DEED |
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AND ACCESS EASEMENT TO CREEDMOOR-MAHA WATER SUPPLY CORPORATION, |
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DATED MAY 24 1999 AND RECORDED IN DOCUMENT NO. 1999070566 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS; SAID 0.485 ACRE |
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TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
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FOLLOWS: |
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BEGINNING at a 1/2" rebar found for the south corner of said 21,064 |
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square foot tract, same being an angle point in the southwest line |
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of said 232.233 acre tract, also being in the northeast line of said |
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37.390 acre tract; |
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THENCE North 62°15'58" West, with the southwest line of said 21,064 |
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square foot tract, same being the northeast line of said 37.390 acre |
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tract, a distance of 84.16 feet to a 1/2" rebar with Chaparral cap |
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found for the west corner of said 21,064 square foot tract, same |
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being an angle point in the southwest line of said 232.233 acre |
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tract; |
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THENCE with the common line of said 21,064 square foot tract and |
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said 232.233 acre tract, the following three (3) courses and |
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distances: |
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1. North 27°03'32" East, a distance of 251.09 feet to a 1/2" |
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rebar found; |
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2. South 62°00'51" East, a distance of 84.16 feet to a 1/2" |
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rebar found; |
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3. South 27°03'32" West, a distance of 250.72 feet to the |
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POINT OF BEGINNING, containing 0.485 acres of land, more or less. |
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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 |
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and accomplished. |
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SECTION 4. Except as provided by Section 4 of this Act: |
|
(1) this Act takes effect immediately if it receives a |
|
vote of two-thirds of all members elected to each house, as provided |
|
by Section 39, Article III, Texas Constitution; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2011. |