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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 Lajitas Utility District No. 1 of |
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Brewster County; providing authority to impose taxes and issue |
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bonds; 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 X, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 11002 to read as follows: |
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CHAPTER 11002. LAJITAS UTILITY DISTRICT NO. 1 OF BREWSTER COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 11002.001. 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 Lajitas Utility District No. |
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1 of Brewster County. |
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Sec. 11002.002. NATURE OF DISTRICT. The district is a |
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utility district with combined powers created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 11002.003. 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. 11002.004. 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) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) 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; |
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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; and |
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(3) Section 52-a, Article III, Texas Constitution, |
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that relate to the development and diversification of the economy |
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of this state and other purposes of that section. |
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(d) The creation of the district is in the public interest |
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and essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(e) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(f) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(g) The district is not an agent or instrumentality of a |
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private interest even though the district will benefit private |
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interests as well as the public. |
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Sec. 11002.005. 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 a tax; or |
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(4) legality or operation. |
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[Sections 11002.006-11002.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 11002.051. 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 11002.052, directors |
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serve staggered four-year terms. |
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Sec. 11002.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Brent Ratliff; |
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(2) George Kutch; |
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(3) John Nolan; |
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(4) Renee Lorenz; and |
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(5) H. C. Ross. |
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(b) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 11002.003; 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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(d) If permanent directors have not been elected under |
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Section 11002.003 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 (e) 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 11002.003; 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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(e) If Subsection (d) 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 11002.053-11002.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 11002.101. 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. 11002.102. 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. 11002.103. IMPROVEMENT PROJECTS AND SERVICES. Except |
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as provided by Section 11002.113, the district may provide |
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improvement projects and services in the same manner as a municipal |
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management district under Section 375.112, Local Government Code. |
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Sec. 11002.104. 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 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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(c) The district, at the district's expense, shall repair |
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and maintain any internal streets and roads in the district. |
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Brewster County has no obligation to repair or maintain the |
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internal streets and roads in the district, even on dissolution of |
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the district. |
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Sec. 11002.105. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 11002.104 |
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unless: |
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(1) each county that will operate and maintain the |
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road has approved the plans and specifications of the road project, |
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if a county will operate and maintain 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. 11002.106. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 11002.107. LIMITATION ON USE OF EMINENT DOMAIN. (a) |
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The district may not exercise the power of eminent domain outside |
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the district to acquire a site or easement for: |
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(1) a road project authorized by Section 11002.104; 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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(b) If the district's exercise of its eminent domain power |
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requires relocating, raising, lowering, rerouting, or altering the |
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construction of any electric transmission or electric distribution |
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line, conduit, pole, or facility, the district must bear the actual |
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cost of relocating, raising, lowering, rerouting, or altering the |
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construction of any electric transmission or electric distribution |
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line to provide a comparable replacement without enhancing the |
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facility, after deducting from the cost the net salvage value |
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derived from the old facility. |
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Sec. 11002.108. ELECTRIC POWER FACILITIES. The district |
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may construct or acquire electric power generating, transmission, |
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and distribution facilities and improvements in aid of these |
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facilities. |
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Sec. 11002.109. AIRPORT. The district may construct, |
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acquire, improve, maintain, and operate an airport and improvements |
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in aid of the airport. |
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Sec. 11002.110. EXERCISE OF POWERS OF DEVELOPMENT |
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CORPORATION. The district may exercise the powers of a corporation |
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created under the Development Corporation Act (Subtitle C1, Title |
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12, Local Government Code). |
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Sec. 11002.111. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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11002.003 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 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 11002.003. |
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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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Sec. 11002.112. GROUNDWATER REGULATION. Section 36.121, |
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Water Code, does not apply to a groundwater well owned or used by |
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the district within the boundaries of the Brewster County |
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Groundwater Conservation District. The rules of the Brewster |
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County Groundwater Conservation District govern a groundwater well |
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owned or used by the district within the Brewster County |
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Groundwater Conservation District. |
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Sec. 11002.113. RETAIL ELECTRIC UTILITY SERVICES |
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PROHIBITED. The district may not provide retail electric utility |
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services, including transmission and distribution services, to |
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residential, retail, commercial, industrial, or other customers |
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inside or outside the district. |
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[Sections 11002.114-11002.150 reserved for expansion] |
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SUBCHAPTER D. TRANSFER OF PUBLIC IMPROVEMENTS |
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Sec. 11002.151. DEFINITION. In this subchapter, "receiving |
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entity" means the entity that holds a certificate of convenience |
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and necessity issued by the Public Utility Commission of Texas for |
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the territory included in the district. |
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Sec. 11002.152. TRANSFER OF CERTAIN IMPROVEMENTS REQUIRED. |
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Subject to Section 11002.155, the district shall transfer |
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improvements described by Section 11002.108 in accordance with this |
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section on the later of: |
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(1) the date that the district acquires or completes |
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the improvement; or |
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(2) the date the receiving entity approves the |
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transfer. |
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Sec. 11002.153. CONSTRUCTION STANDARDS. A public |
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improvement transferred under this subchapter must be constructed |
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in compliance with: |
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(1) the requirements and specifications established |
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by the receiving entity on or before the date that construction of |
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the improvement begins; and |
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(2) any tariffs for the electric utility or |
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cooperative that is the receiving entity. |
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Sec. 11002.154. PARTIAL TRANSFER IN STAGES. The district |
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may transfer part of an improvement under this subchapter if the |
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district completes construction of the improvement in stages. |
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Sec. 11002.155. TRANSFER WITHOUT DEBT REQUIRED. The |
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district shall convey all improvements that it is required to |
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transfer under this subchapter without debt or other encumbrance. |
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Sec. 11002.156. OWNERSHIP AND RESPONSIBILITY AFTER |
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TRANSFER. (a) After a transfer under this subchapter, the |
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receiving entity owns the improvement and has sole jurisdiction and |
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control over the improvement. On acceptance of the transfer, the |
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receiving entity is responsible for all maintenance of the |
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improvement, and the district is not responsible for the |
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improvement or its maintenance. |
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(b) This section does not affect any authority of the |
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receiving entity to alter, relocate, close, or discontinue |
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maintenance of an improvement. |
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Sec. 11002.157. EFFECT OF CONVEYANCE ON DISTRICT DEBT. |
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Conveyance of a public improvement to a receiving entity under this |
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subchapter does not affect: |
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(1) the sole responsibility of the district to pay in |
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full the principal of and interest and any premium on any |
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outstanding district bonds or other debt; or |
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(2) the district's responsibility to perform the |
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obligations provided by an order or resolution authorizing bonds or |
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other debt. |
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[Sections 11002.158-11002.200 reserved for expansion] |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 11002.201. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The 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 11002.203. |
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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. 11002.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 11002.201, 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. 11002.203. 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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Sec. 11002.204. SALES AND USE TAX. (a) The district may |
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impose a sales and use tax if authorized by a majority of the voters |
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of the district voting at an election called for that purpose. |
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Revenue from the tax may be used for any purpose for which ad |
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valorem tax revenue of the district may be used. |
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(b) The district may not adopt a sales and use tax if as a |
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result of the adoption of the tax the combined rate of all sales and |
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use taxes imposed by the district and other political subdivisions |
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of this state having territory in the district would exceed two |
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percent at any location in the district. |
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(c) If the voters of the district approve the adoption of a |
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sales and use tax at an election held on the same election date on |
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which another political subdivision adopts a sales and use tax or |
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approves an increase in the rate of its sales and use tax and as a |
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result the combined rate of all sales and use taxes imposed by the |
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district and other political subdivisions of this state having |
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territory in the district would exceed two percent at any location |
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in the district, the election to adopt a sales and use tax under |
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this chapter has no effect. |
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(d) Chapter 321, Tax Code, applies to the imposition, |
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computation, administration, enforcement, and collection of the |
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sales and use tax imposed by this section except to the extent it is |
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inconsistent with this chapter. |
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(e) The district may not impose a sales and use tax at a rate |
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that would cause the rate of the total sales and use taxes collected |
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by all municipalities and other political subdivisions at a |
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location in the district to exceed the maximum rate allowed by law. |
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If a political subdivision's increase to a sales and use tax rate |
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causes the total sales and use tax rate imposed at a location in the |
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district to exceed the maximum rate allowed by law, the district's |
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sales and use tax rate is automatically reduced to bring the total |
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rate imposed at that location down to a rate allowed by law. |
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Sec. 11002.205. ASSESSMENTS; MUNICIPAL MANAGEMENT DISTRICT |
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POWERS. Except as provided by Section 11002.206, the district may |
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levy and collect special assessments in the same manner and for the |
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same purposes as a municipal management district as provided in |
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Subchapter F, Chapter 375, Local Government Code. |
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Sec. 11002.206. ELECTRIC UTILITY PROPERTY EXEMPT FROM |
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IMPACT FEES AND ASSESSMENTS. The district may not impose an impact |
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fee or assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of an electric |
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cooperative as defined by Section 161.002, Utilities Code. |
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[Sections 11002.207-11002.250 reserved for expansion] |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
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Sec. 11002.251. 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, sales and use taxes, other |
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district money, or any combination of those sources to pay for any |
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authorized district purpose. |
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Sec. 11002.252. TAXES FOR BONDS. (a) At the time the |
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district issues bonds payable wholly or partly from ad valorem |
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taxes, the board shall provide for the annual imposition of an ad |
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valorem tax, without limit as to rate or amount, as required by |
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Section 54.601, Water Code. |
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(b) The board shall annually impose the tax while all or |
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part of the bonds are outstanding. Sections 54.601 and 54.602, |
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Water Code, govern the amount and rate of the tax. |
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Sec. 11002.253. 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 Lajitas Utility District No. 1 of Brewster |
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County initially includes all the territory contained in the |
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following area: |
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FIELD NOTE DESCRIPTION |
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BEING A 2,763 ACRE TRACT OF LAND LOCATED IN PART OF THE M.K. & |
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T.E. RY. CO. SURVEY, BLOCK G-5, PART OF THE G.C. & S. F. RY. CO. |
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SURVEY, BLOCK G-12, AND PART OF THE T.C. RY. CO. SURVEY, BLOCK 341, |
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IN BREWSTER COUNTY, TEXAS AS CONVEYED BY SPECIAL WARRANTY DEED TO |
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LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458 AND |
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VOLUME 224, PAGE 502, DEED RECORDS, BREWSTER COUNTY, TEXAS AND |
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BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: |
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BEGINNING AT AN IRON BAR IN A ROCK MOUND FOUND TO MARK THE |
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COMMON CORNER OF SECTIONS 99 AND 98, BLOCK 341, PART OF A 3,248.2 |
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ACRE TRACT OF LAND CONVEYED BY GENERAL WARRANTY DEED TO TEXAS PARKS |
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AND WILDLIFE DEPARTMENT AS RECORDED IN VOLUME 6, PAGE 432, DEED |
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RECORDS, BREWSTER COUNTY, TEXAS, SECTION 94, BLOCK 341, T.C. RY. |
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CO. SURVEY, BREWSTER COUNTY, TEXAS, AND SECTION 95, BLOCK 341, T.C. |
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RY. CO. SURVEY, A 640 ACRE TRACT OF LAND CONVEYED BY SPECIAL |
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WARRANTY DEED TO LAJITAS CAPITAL PARTNERS, LLC, RECORDED IN VOLUME |
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224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS; |
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THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 98, BLOCK 341 |
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AND THE WEST LINE OF SAID SECTION 95, BLOCK 341, A DISTANCE OF |
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5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF |
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SAID SECTION 98, BLOCK 341, BEING THE NORTHWEST CORNER OF SAID |
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SECTION 95, BLOCK 341, BEING THE SOUTHWEST CORNER OF SECTION 96, |
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BLOCK 341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL |
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PARTNERS, LLC BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 224, PAGE |
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458, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE SOUTHEAST |
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CORNER OF SECTION 97, BLOCK 341, PART OF A 3,248.2 ACRE TRACT OF |
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LAND CONVEYED BY GENERAL WARRANTY DEED TO TEXAS PARKS AND WILDLIFE |
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DEPARTMENT RECORDED IN VOLUME 6, PAGE 432, DEED RECORDS, BREWSTER |
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COUNTY, TEXAS; |
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THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 97, BLOCK 341 |
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AND THE WEST LINE OF SAID SECTION 96, BLOCK 341 A DISTANCE OF |
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5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF |
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SAID SECTION 97, BLOCK 341, BEING THE NORTHWEST CORNER OF SAID |
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SECTION 96, BLOCK 341, BEING THE SOUTHEAST CORNER OF SECTION 55, |
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BLOCK G-12, G.C. & S.F. RY. CO. SURVEY, BREWSTER COUNTY, TEXAS, A |
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640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC BY |
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SPECIAL WARRANTY DEED RECORDED IN VOLUME 224, PAGE 458, DEED |
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RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE SOUTHWEST CORNER OF |
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SECTION 56, BLOCK G-12, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS |
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CAPITAL PARTNERS, LLC BY SPECIAL WARRANTY DEED RECORDED IN VOLUME |
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224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS; |
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THENCE N88°52'12"W ALONG THE SOUTH LINE OF SAID SECTION 55, BLOCK |
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G-12 AND THE NORTH LINE OF SAID SECTION 97, BLOCK 341 A DISTANCE OF |
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5,277.78 FEET TO A POINT FOR CORNER BEING THE SOUTHWEST CORNER OF |
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SAID SECTION 55, BLOCK G-12, BEING THE NORTHWEST CORNER OF SAID |
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SECTION 97, BLOCK 341, BEING THE NORTHEAST CORNER OF SECTION 102, |
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BLOCK 341, PART OF A 3,248.2 ACRE TRACT OF LAND CONVEYED BY GENERAL |
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WARRANTY DEED TO TEXAS PARKS AND WILDLIFE DEPARTMENT RECORDED IN |
|
VOLUME 6, PAGE 432, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING |
|
THE SOUTHEAST CORNER OF SECTION 54, BLOCK G-12, G.C. & S.F. RY. CO. |
|
SURVEY, PART OF A 3,248.2 ACRE TRACT OF LAND CONVEYED BY GENERAL |
|
WARRANTY DEED TO TEXAS PARKS AND WILDLIFE DEPARTMENT RECORDED IN |
|
VOLUME 6, PAGE 432, DEED RECORDS, BREWSTER COUNTY, TEXAS; |
|
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 54, BLOCK |
|
G-12 AND THE WEST LINE OF SAID SECTION 55, BLOCK G-12, A DISTANCE OF |
|
5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHWEST CORNER OF |
|
SAID SECTION 55, BLOCK G-12, BEING THE NORTHEAST CORNER OF SAID |
|
SECTION 54, BLOCK G-12, BEING THE SOUTHEAST CORNER OF SECTION 49, |
|
BLOCK G-12, PART OF A 3,248.2 ACRE TRACT OF LAND CONVEYED BY GENERAL |
|
WARRANTY DEED TO TEXAS PARKS AND WILDLIFE DEPARTMENT RECORDED IN |
|
VOLUME 6, PAGE 432, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING |
|
THE SOUTHWEST CORNER OF SECTION 48, BLOCK G-12, A 640 ACRE TRACT OF |
|
LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC BY SPECIAL WARRANTY |
|
DEED RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER |
|
COUNTY, TEXAS; |
|
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 49, BLOCK |
|
G-12 AND THE WEST LINE OF SAID SECTION 48, BLOCK G-12, A DISTANCE OF |
|
5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHWEST CORNER OF |
|
SAID SECTION 48, BLOCK G-12, BEING THE NORTHEAST CORNER OF SAID |
|
SECTION 49, BLOCK G-12, BEING THE SOUTHWEST CORNER OF SECTION 47, |
|
BLOCK G-12, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL |
|
PARTNERS, LLC BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 224, PAGE |
|
458, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE SOUTHEAST |
|
CORNER OF A TRACT OF LAND IN SECTION 50, BLOCK G-12 CONVEYED TO JANE |
|
STAVINOHA AND SUZANNE STAVINOHA RECORDED IN VOLUME 243, PAGES |
|
188,192,192,194,196, AND 198, DEED RECORDS, BREWSTER COUNTY, |
|
TEXAS; |
|
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID STAVINOHA TRACT, |
|
SECTION 50 BLOCK G-12 AND THE WEST LINE OF SAID SECTION 47, BLOCK |
|
G-12, A DISTANCE OF 5,277.78 FEET TO A POINT FOR CORNER BEING THE |
|
NORTHEAST CORNER OF SAID STAVINOAH TRACT, SECTION 50, BLOCK G-12, |
|
BEING THE NORTHWEST CORNER OF SAID SECTION 47, BLOCK G-12, BEING THE |
|
SOUTHEAST CORNER OF SECTION 104, BLOCK G-5, M.K. & T.E. RY. CO. |
|
SURVEY, BREWSTER COUNTY, TEXAS, A 640 ACRE TRACT OF LAND CONVEYED TO |
|
THOMAS R. VESTER RECORDED IN VOLUME 192, PAGE 263, DEED RECORDS, |
|
BREWSTER COUNTY, TEXAS, AND BEING THE SOUTHWEST CORNER OF SECTION |
|
103, BLOCK G-5, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL |
|
PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, |
|
BREWSTER COUNTY, TEXAS; |
|
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID VESTER TRACT, SECTION |
|
104, BLOCK G-5 AND THE WEST LINE OF SAID SECTION 103, BLOCK G-5, A |
|
DISTANCE OF 5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST |
|
CORNER OF SAID VESTER TRACT, SECTION 104, BLOCK G-5, BEING THE |
|
NORTHWEST CORNER OF SAID SECTION 103, BLOCK G-5, BEING THE |
|
SOUTHEAST CORNER OF SECTION 105, BLOCK G-5, A 640 ACRE TRACT OF LAND |
|
CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, |
|
PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE |
|
SOUTHWEST CORNER OF A TRACT OF LAND IN SECTION 102, BLOCK G-5 |
|
CONVEYED TO MARK FUSCA RECORDED IN VOLUME 198, PAGE 470, DEED |
|
RECORDS, BREWSTER COUNTY, TEXAS; |
|
THENCE S88°52'12"E ALONG THE NORTH LINE OF SAID SECTION 103, BLOCK |
|
G-5 AND THE SOUTH LINE OF SAID FUSCA TRACT, SECTION 102, BLOCK G-5 A |
|
DISTANCE OF 659.72 FEET TO A POINT FOR CORNER; |
|
THENCE S01°07'48"W PASSING AT 5,277.78 FEET, THE SOUTH LINE OF SAID |
|
SECTION 103, BLOCK G-5 BEING THE NORTH LINE OF SAID SECTION 47, |
|
BLOCK G-12, PASSING AT 10,555.56 FEET THE SOUTH LINE OF SAID SECTION |
|
47, BLOCK G-12 BEING THE NORTH LINE OF SAID SECTION 48, BLOCK G-12, |
|
PASSING AT 15,833.33 FEET THE SOUTH LINE OF SAID SECTION 48, BLOCK |
|
G-12 BEING THE NORTH LINE OF SAID SECTION 55, BLOCK G-12, AND |
|
CONTINUING A TOTAL DISTANCE OF 20,451.45 FEET TO A POINT FOR CORNER; |
|
THENCE S88°52'12"E PASSING AT 4,618.06 FEET THE EAST LINE OF SAID |
|
SECTION 55, BLOCK G-12 BEING THE WEST LINE OF SAID SECTION 56, BLOCK |
|
G-12, AND CONTINUING A TOTAL DISTANCE OF 5,277.78 FEET TO A POINT |
|
FOR CORNER; |
|
THENCE S01°07'48"W PASSING AT 659.72 FEET, THE SOUTH LINE OF SAID |
|
SECTION 56, BLOCK G-12 BEING THE NORTH LINE OF SAID SECTION 96, |
|
BLOCK 341, PASSING AT 5,937.45 FEET THE SOUTH LINE OF SAID SECTION |
|
96, BLOCK 341 BEING THE NORTH LINE OF SAID SECTION 95, BLOCK 341 AND |
|
CONTINUING A TOTAL DISTANCE OF 9,895.84 FEET TO A POINT FOR CORNER; |
|
THENCE S88°52'12"E PASSING AT 4,618.06 FEET, THE EAST LINE OF SAID |
|
SECTION 95, BLOCK 341 BEING THE WEST LINE OF SECTION 86, BLOCK 341, |
|
A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC |
|
RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, |
|
TEXAS, AND CONTINUING A TOTAL DISTANCE OF 8,576.40 FEET TO A POINT |
|
FOR CORNER; |
|
THENCE N01°07'48"E PASSING AT 3,958.33 FEET, THE NORTH LINE OF SAID |
|
SECTION 86, BLOCK 341 BEING THE SOUTH LINE OF SECTION 85, BLOCK 341, |
|
A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC |
|
RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, |
|
TEXAS, AND CONTINUING A TOTAL DISTANCE OF 9,236.12 FEET TO A POINT |
|
FOR CORNER IN THE NORTH LINE OF SAID SECTION 85, BLOCK 341 BEING THE |
|
SOUTH LINE OF SECTION 57, BLOCK G-12, G.C. & S.F. RY. CO. SURVEY, |
|
BREWSTER COUNTY, TEXAS; |
|
THENCE S88°52'12"E ALONG THE NORTH LINE SAID SECTION 85, BLOCK 341 |
|
BEING THE SOUTH LINE OF SAID SECTION 57, BLOCK G-12, A DISTANCE OF |
|
1,319.44 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF |
|
SAID SECTION 85, BLOCK 341, THE SOUTHEAST CORNER OF SAID SECTION 57, |
|
BLOCK G-12, THE SOUTHWEST CORNER OF SECTION 58, BLOCK G-12, G.C. & |
|
S.F. RY. CO. SURVEY BREWSTER COUNTY, TEXAS, AND THE NORTHWEST |
|
CORNER OF SECTION 84, BLOCK 341, T..C. RY. CO. SURVEY, BREWSTER |
|
COUNTY, TEXAS; |
|
THENCE S01°07'48"W ALONG THE EAST LINE OF SAID SECTION 85, BLOCK 341 |
|
BEING THE WEST LINE OF SAID SECTION 84, BLOCK 341, A DISTANCE OF |
|
5,277.78 FEET TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF SAID |
|
SECTION 85, BLOCK 341 BEING THE SOUTHWEST CORNER OF SAID SECTION 84, |
|
BLOCK 341, BEING THE NORTHEAST CORNER OF SAID SECTION 86, BLOCK 341, |
|
AND BEING THE NORTHWEST CORNER OF SECTION 83, BLOCK 341, A 640 ACRE |
|
TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC AS RECORDED |
|
IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS; |
|
THENCE S88°52'12"E ALONG THE NORTH LINE OF SAID SECTION 83, BLOCK |
|
341 BEING THE SOUTH LINE OF SAID SECTION 84, BLOCK 341, A DISTANCE |
|
OF 1,319.44 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF SAID |
|
SECTION 83, BLOCK 341; |
|
THENCE S01°07'48"W A DISTANCE OF 5,277.78 FEET TO A POINT FOR CORNER |
|
IN THE SOUTH LINE OF SAID SECTION 83, BLOCK 341 BEING IN THE NORTH |
|
LINE OF A 612 ACRE MORE OR LESS TRACT OF LAND IN SECTION 82, BLOCK |
|
341, T.C. RY. CO. SURVEY CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC |
|
AS RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, |
|
TEXAS; |
|
THENCE S88°52'12"E, PASSING AT 3,958.34 FEET, THE SOUTHEAST CORNER |
|
OF SAID SECTION 83, BLOCK 341, BEING THE NORTHEAST CORNER OF SAID |
|
SECTION 82, BLOCK 341, BEING THE SOUTHWEST CORNER OF SECTION 74, |
|
BLOCK 341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL |
|
PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, |
|
BREWSTER COUNTY, TEXAS, AND BEING THE NORTHWEST CORNER OF SECTION |
|
75, BLOCK 341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL |
|
PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, |
|
BREWSTER COUNTY, TEXAS, PASSING AT 9,236.11, THE SOUTHEAST CORNER |
|
OF SAID SECTION 74, BLOCK 341, BEING THE NORTHEAST CORNER OF SAID |
|
SECTION 75, BLOCK 341, BEING THE SOUTHWEST CORNER OF SECTION 64, |
|
BLOCK 341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL |
|
PARTNERS RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER |
|
COUNTY, TEXAS, AND BEING THE NORTHWEST CORNER OF SECTION 63, BLOCK |
|
341, A 640 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL PARTNERS, |
|
LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER |
|
COUNTY, TEXAS, AND CONTINUING A TOTAL DISTANCE OF 13,194.46 FEET TO |
|
A POINT FOR CORNER; |
|
THENCE N01°07'48"E, A DISTANCE OF 5,277.78 FEET TO A POINT FOR |
|
CORNER IN THE NORTH LINE OF SAID SECTION 64, BLOCK 341; |
|
THENCE S88°52'12"E, ALONG THE NORTH LINE OF SAID SECTION 64, BLOCK |
|
341 BEING THE SOUTH LINE OF SECTION 72, BLOCK 341, T.C. RY. CO. |
|
SURVEY, BREWSTER COUNTY, TEXAS, A DISTANCE OF 1,319.44 FEET TO A |
|
POINT FOR CORNER BEING THE NORTHEAST CORNER OF SAID SECTION 64, |
|
BLOCK 341, THE SOUTHEAST CORNER OF SAID SECTION 72, BLOCK 341, THE |
|
SOUTHWEST CORNER OF SECTION 71, BLOCK 341, A 640 ACRE TRACT OF LAND |
|
CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, |
|
PAGE 502, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND BEING THE |
|
NORTHWEST CORNER OF A TRACT OF LAND IN SECTION 65, BLOCK 341 |
|
CONVEYED TO RAYMOND WAYNE PAULY RECORDED IN VOLUME 96, PAGE 308, |
|
DEED RECORDS, BREWSTER COUNTY, TEXAS; |
|
THENCE S01°07'48"W, ALONG THE EAST LINE OF SAID SECTION 64, BLOCK |
|
341, PASSING AT A DISTANCE OF 5,277.78 FEET THE SOUTH LINE OF SAID |
|
SECTION 64, BLOCK 341, BEING THE NORTH LINE OF SAID SECTION 63, |
|
BLOCK 341,AND CONTINUING A TOTAL DISTANCE OF 6,277.78 FEET TO A |
|
POINT FOR CORNER; |
|
THENCE N88°52'12"W PASSING AT 5,277.78 FEET, THE WEST LINE OF SAID |
|
SECTION 63, BLOCK 341, BEING THE EAST LINE OF SAID SECTION 75, BLOCK |
|
341, PASSING AT 10,555.56 FEET THE WEST LINE OF SAID SECTION 75, |
|
BLOCK 341, BEING THE EAST LINE OF SAID SECTION 82, BLOCK 341, AND |
|
CONTINUING A TOTAL DISTANCE OF 14,513.90 FEET TO A POINT FOR CORNER; |
|
THENCE S01°07'48"W PASSING AT 4,277.78 FEET, THE SOUTH LINE OF SAID |
|
SECTION 82, BLOCK 341, BEING THE NORTH LINE OF SECTION 81, BLOCK |
|
341, A 640 ACRE TRACT OF LAND LOCATED IN THE T.C. RY. CO. SURVEY, |
|
BREWSTER COUNTY CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC RECORDED |
|
IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS, AND |
|
CONTINUING A TOTAL DISTANCE OF 9,555.53 FEET TO A POINT FOR CORNER |
|
IN THE SOUTH LINE OF SAID SECTION 81, BLOCK 341; |
|
THENCE N88°52'12"W ALONG THE SOUTH LINE OF SAID SECTION 81, BLOCK |
|
341, A DISTANCE OF 1,319.44 FEET TO A POINT FOR CORNER BEING THE |
|
SOUTHWEST CORNER OF SAID SECTION 81, BLOCK 341, AND BEING THE |
|
SOUTHEAST CORNER OF PART OF A 440 ACRE TRACT OF LAND IN SECTION 88, |
|
BLOCK 341 IN THE T.C. RY.CO. SURVEY, BREWSTER COUNTY CONVEYED TO |
|
LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 502, |
|
DEED RECORDS, BREWSTER COUNTY, TEXAS; |
|
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 88, BLOCK 341 |
|
BEING THE WEST LINE OF SAID SECTION 81, BLOCK 341 PASSING AT |
|
5,277.78 FEET THE NORTH LINE OF SAID SECTIONS 81 AND 88 BLOCK 341, |
|
BEING THE SOUTH LINE OF SAID SECTION 82, BLOCK 341, AND SECTION 87, |
|
BLOCK 341, A 640 ACRE TRACT OF LAND LOCATED IN THE T.C. RY. CO. |
|
SURVEY, BREWSTER COUNTY CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC |
|
RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, BREWSTER COUNTY, |
|
TEXAS, AND CONTINUING A TOTAL DISTANCE OF 10,555.56 FEET TO A POINT |
|
FOR CORNER BEING THE NORTHWEST CORNER OF SAID SECTION 82, BLOCK 341, |
|
BEING THE NORTHEAST CORNER OF SAID SECTION 87, BLOCK 341, BEING THE |
|
SOUTHWEST CORNER OF SAID SECTION 83, BLOCK, AND BEING THE SOUTHEAST |
|
CORNER OF SAID SECTION 86, BLOCK 341; |
|
THENCE N88°52'12"W ALONG THE NORTH LINE OF SAID SECTION 87, BLOCK |
|
341 BEING THE SOUTH LINE OF SAID SECTION 86, BLOCK 341, A DISTANCE |
|
OF 4,618.06 FEET TO A POINT FOR CORNER; |
|
THENCE S01°07'48"W PASSING AT 5,277.78 FEET, THE SOUTH LINE OF SAID |
|
SECTION 87, BLOCK 341 BEING THE NORTH LINE OF SAID SECTION 88, BLOCK |
|
341 CONTINUING A TOTAL DISTANCE OF 5,607.64 FEET TO A POINT FOR |
|
CORNER IN SAID 440 ACRE TRACT OF LAND IN SAID SECTION 88, BLOCK 341; |
|
THENCE N88°52'12"W, A DISTANCE OF 659.72 FEET TO A POINT FOR CORNER |
|
IN THE WEST LINE OF SAID SECTION 88, BLOCK 341, BEING IN THE EAST |
|
LINE OF SECTION 93, BLOCK 341, T.C RY. CO. SURVEY BREWSTER COUNTY, |
|
TEXAS, A 618.88 ACRE TRACT OF LAND CONVEYED TO LAJITAS CAPITAL |
|
PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED RECORDS, |
|
BREWSTER COUNTY, TEXAS; |
|
THENCE S01°07'48"W, ALONG THE EAST LINE OF SAID SECTION 93, BLOCK |
|
341, BEING THE WEST LINE OF SAID SECTION 88, BLOCK 341, A DISTANCE |
|
OF 1,051.38 FEET TO A POINT FOR CORNER; |
|
THENCE N89°27'31"W PASSING AT 5,272.25 FEET, THE WEST LINE OF SAID |
|
SECTION 93, BLOCK 341 BEING THE EAST LINE OF SECTION 92, BLOCK 341 |
|
T.C. RY. CO. SURVEY, BREWSTER COUNTY, A 419.6 ACRE TRACT OF LAND |
|
CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, |
|
PAGE 458, DEED RECORDS, BREWSTER COUNTY, TEXAS AND CONTINUING A |
|
TOTAL DISTANCE OF 9,614.91 FEET TO A UNITED STATES DEPARTMENT OF THE |
|
INTERIOR MONUMENT MARKING THE NORTHEAST CORNER OF SECTION 39, BLOCK |
|
341, T.C. RY. CO. SURVEY, BREWSTER COUNTY, TEXAS; |
|
THENCE N89°27'27"W ALONG THE NORTH LINE OF SAID SECTION 39, A |
|
DISTANCE OF 2,634.23 FEET TO A POINT FOR CORNER BEING THE NORTHWEST |
|
CORNER OF SECTION 39, BLOCK 341 AND BEING IN THE EAST LINE OF |
|
SECTION 37, BLOCK 341, PART OF A 201.84 ACRE TRACT OF LAND IN |
|
SECTIONS 36, 37, AND 100 CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC |
|
RECORDED IN VOLUME 224, PAGE 502, DEED RECORDS, BREWSTER COUNTY, |
|
TEXAS; |
|
THENCE N71°35'00"W, DEPARTING THE EAST LINE OF SAID SECTION 37, |
|
BLOCK 341 AND CONTINUING ACROSS SAID SECTION 37, BLOCK 341, A |
|
DISTANCE OF 2,618.38 FEET TO A POINT FOR CORNER; |
|
THENCE N27°10'25"W PASSING AT APPROXIMATELY 263 FEET, THE EAST LINE |
|
OF SAID SECTION 36, BLOCK 341 AND CONTINUING A TOTAL DISTANCE OF |
|
2,314.62 FEET TO A POINT FOR CORNER BEING THE SOUTHWEST CORNER OF A |
|
52.918 ACRE TRACT OF LAND IN SECTION 36, BLOCK 341 CONVEYED TO |
|
LAJITAS CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, |
|
DEED RECORDS, BREWSTER COUNTY, TEXAS; |
|
THENCE N26°12'29"W ALONG THE SOUTHWESTERLY LINE OF SAID 52.918 ACRE |
|
TRACT, A DISTANCE OF 876.56 FEET TO A POINT FOR CORNER; |
|
THENCE N01°07'48"E, PASSING AT APPROXIMATELY 1,273 FEET, THE NORTH |
|
LINE OF SAID 52.918 ACRE LAND AND THE SOUTH LINE OF A CALLED 359.313 |
|
ACRE TRACT OF LAND IN SECTIONS 36, 37, AND 100, BLOCK 341 AS |
|
DESCRIBED IN DEED CONVEYED TO LAJITAS CAPITAL PARTNERS, LLC |
|
RECORDED IN VOLUME 224, PAGE 502, DEED RECORDS, BREWSTER COUNTY, |
|
TEXAS, AND CONTINUING A TOTAL DISTANCE OF 5,035.59 FEET TO A POINT |
|
FOR CORNER; |
|
THENCE S88°52'12"E, A DISTANCE OF 1,375.22 FEET TO A POINT FOR |
|
CORNER IN THE EAST LINE OF SAID SECTION 36, BLOCK 341 BEING IN THE |
|
WEST LINE OF SAID SECTION 100, BLOCK 341; |
|
THENCE S01°07'48"W, A DISTANCE OF 3,759.90 FEET TO A POINT FOR |
|
CORNER IN THE WEST LINE OF SAID SECTION 37, BLOCK 341; |
|
THENCE N88°52'12"W, A DISTANCE OF 779.27 FEET TO A POINT FOR CORNER, |
|
SAID CORNER BEING THE NORTHEAST CORNER OF SAID 52.918 ACRE TRACT OF |
|
LAND; |
|
THENCE S01°07'48"W ALONG THE EAST LINE OF SAID 52.918 ACRE TRACT OF |
|
LAND , A DISTANCE OF 1,172.25 FEET TO A POINT FOR CORNER; |
|
THENCE S19°23'42"W CONTINUING ALONG THE EAST LINE OF SAID 52.918 |
|
ACRE TRACT, A DISTANCE OF 222.85 FEET TO A POINT FOR CORNER; |
|
THENCE S11°23'22"W CONTINUING ALONG THE EASTERLY LINE OF SAID 52.918 |
|
ACRE TRACT, A DISTANCE OF 523.85 FEET TO A POINT FOR CORNER IN THE |
|
EAST LINE OF SAID 52.918 ACRE TRACT; |
|
THENCE S27°10'25"E, DEPARTING THE EASTERLY LINE OF SAID 52.918 ACRE |
|
TRACT OF LAND , ACROSS SAID SECTION 36, BLOCK 341, A DISTANCE OF |
|
2,394.95 FEET TO A POINT FOR CORNER; |
|
THENCE S71°35'00"E ACROSS SAID SECTION 37, BLOCK 341, A DISTANCE OF |
|
2,561.61 FEET TO A POINT FOR CORNER; |
|
THENCE S89°27'27"E, A DISTANCE OF 2,619.75 FEET TO A POINT FOR |
|
CORNER; |
|
THENCE N01°07'48"E A DISTANCE OF 2,303.36 FEET TO A POINT IN THE |
|
NORTH LINE OF SAID SECTION 92, BLOCK 341 BEING THE SOUTH LINE OF |
|
SECTION MC-1, PART OF A 84.62 ACRE TRACT OF LAND CONVEYED TO LAJITAS |
|
CAPITAL PARTNERS, LLC RECORDED IN VOLUME 224, PAGE 458, DEED |
|
RECORDS, BREWSTER COUNTY, TEXAS; |
|
THENCE S88°52'12"E ALONG THE NORTH LINE OF SAID SECTION 92, BLOCK |
|
341, BEING THE SOUTH LINE OF SECTION MC-1, BLOCK 341, A DISTANCE OF |
|
4,336.93 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF |
|
SAID SECTION 92, BLOCK 341 AND THE SOUTHEAST CORNER OF SAID SECTION |
|
MC-1, BLOCK 341; |
|
THENCE S01°07'48"W ALONG THE EAST LINE OF SAID SECTION 92, BLOCK |
|
341, A DISTANCE OF 924.38 FEET TO A POINT FOR CORNER BEING THE |
|
SOUTHWEST CORNER OF SAID SECTION 94, BLOCK 341 AND THE NORTHWEST |
|
CORNER OF SAID SECTION 93, BLOCK 341; |
|
THENCE S88°52'12"E, ALONG THE NORTH LINE OF SAID SECTION 93, BLOCK |
|
341 BEING THE SOUTH LINE OF SAID SECTION 94, BLOCK 341, A DISTANCE |
|
OF 5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF |
|
SAID SECTION 93, BLOCK 341, BEING THE SOUTHEAST CORNER OF SAID |
|
SECTION 94, BLOCK 341, BEING THE NORTHWEST CORNER OF SAID SECTION |
|
88, BLOCK 341, AND BEING THE SOUTHWEST CORNER OF SAID SECTION 87, |
|
BLOCK 341; |
|
THENCE N01°07'48"E ALONG THE EAST LINE OF SAID SECTION 94, BLOCK 341 |
|
BEING THE WEST LINE OF SAID SECTION 87, BLOCK 341, A DISTANCE OF |
|
5,277.78 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CORNER OF |
|
SAID SECTION 94, BLOCK 341, BEING THE NORTHWEST CORNER OF SAID |
|
SECTION 87, BLOCK 341, BEING THE SOUTHEAST CORNER OF SAID SECTION |
|
95, BLOCK 341, AND BEING THE SOUTHWEST CORNER OF SAID SECTION 86, |
|
BLOCK 341; |
|
THENCE N88°52'12"W ALONG THE NORTH LINE OF SAID SECTION 94, BLOCK |
|
341 BEING THE SOUTH LINE OF SAID SECTION 95, BLOCK 341, A DISTANCE |
|
OF 5,277.78 FEET TO THE POINT OF BEGINNING AND CONTAINING 2,763 |
|
ACRES, MORE OR LESS. |
|
THE BASIS OF BEARINGS IS THE NORTH AMERICAN DATUM (NAD) OF 1983 |
|
(1993), GRID BEARINGS, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH |
|
CENTRAL ZONE 4204, CORS96, EPOCH 2002.00. |
|
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 |
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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. (a) Section 11002.107, Special District Local |
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Laws Code, as added by this Act, takes effect only if this Act |
|
receives a two-thirds vote of all the members elected to each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 11002, Special |
|
District Local Laws Code, as added by this Act, is amended by adding |
|
Section 11002.107 to read as follows: |
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Sec. 11002.107. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
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SECTION 5. Except as otherwise provided by this Act: |
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(1) 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; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2011. |
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* * * * * |