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A BILL TO BE ENTITLED
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relating to the creation and financing of the Lakeway Regional |
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Medical Center Defined Area in Travis County Water Control and |
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Improvement District No. 17; providing authority to impose a tax |
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and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9017 to read as follows: |
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CHAPTER 9017. TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT |
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NO. 17 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9017.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Defined area" means the Lakeway Regional Medical |
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Center Defined Area. |
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(3) "District" means the Travis County Water Control |
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and Improvement District No. 17. |
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[Sections 9017.002-9017.050 reserved for expansion] |
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SUBCHAPTER B. LAKEWAY REGIONAL MEDICAL CENTER DEFINED AREA |
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Sec. 9017.051. CREATION OF LAKEWAY REGIONAL MEDICAL CENTER |
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DEFINED AREA. The defined area is created in the district. |
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Sec. 9017.052. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The defined area is created to serve a public purpose and benefit. |
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(b) The defined area is created to accomplish the purposes |
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of: |
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(1) a water control and improvement district as |
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provided by general law and Section 59, Article XVI, Texas |
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Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9017.053. INITIAL DEFINED AREA TERRITORY. (a) The |
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defined area is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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: |
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(1) the defined area's organization, existence, or |
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validity; |
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(2) the district's right to execute contracts or issue |
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any type of bond or obligation for the purposes for which the |
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defined area is created or to make payments under a contract or |
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obligation, or pay the principal of and interest on a bond; |
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(3) the district's right to impose a tax in the defined |
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area; or |
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(4) the defined area's legality or operation. |
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Sec. 9017.054. ADMINISTRATION OF DEFINED AREA. (a) Except |
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as provided by Subsection (b), the board shall administer the |
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defined area as provided by Chapter 51, Water Code. |
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(b) Sections 51.518-51.524 and 51.526-51.529, Water Code, |
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do not apply to the defined area. |
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Sec. 9017.055. ELECTIONS IN DEFINED AREA. (a) An election |
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limited to the defined area shall conform to the requirements of the |
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Election Code. The board shall submit the appropriate issue to the |
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voters of the defined area and the issue may also be submitted on |
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the same ballot to be used in a general election. |
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(b) In an election held for a purpose set forth in Section |
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9017.056, 9017.058, 9017.059, 9017.060, 9017.061, or 9017.062, the |
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board may include one or more purposes in a single proposition. The |
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ballot for an election under this chapter must be printed to provide |
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for voting for or against the proposition. |
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(c) An election under this section does not require that an |
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election be held in the part of the district outside the defined |
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area. |
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Sec. 9017.056. AUTHORITY FOR ROAD PROJECTS IN DEFINED AREA. |
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Under Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads, including roads located outside the boundaries of |
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the defined area, to serve the defined area as determined by the |
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board. |
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Sec. 9017.057. ROAD STANDARDS AND REQUIREMENTS IN DEFINED |
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AREA. (a) A road project in the defined area must meet all |
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applicable construction standards, zoning and subdivision |
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requirements, and regulations of each municipality in whose |
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corporate limits or extraterritorial jurisdiction the road project |
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is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 9017.058. ELECTIONS REGARDING DEFINED AREA TAXES OR |
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BONDS. (a) The district must hold an election in the defined area |
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in the manner provided by Section 9017.055 to obtain voter approval |
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before the district may impose an ad valorem tax only on the |
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property of the defined area or issue bonds payable from ad valorem |
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taxes only on the property of the defined area. |
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(b) The district may not issue bonds payable wholly or |
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partly from ad valorem taxes to finance a road project in the |
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defined area unless the issuance is approved by a vote of a |
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two-thirds majority of the voters of the defined area voting at an |
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election held for that purpose. |
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Sec. 9017.059. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 9017.058, the district |
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may impose an operation and maintenance tax on taxable property in |
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only the defined area 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. 9017.060. 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 in the defined area only and use |
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the revenue derived from the tax to make payments under a contract |
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after the provisions of the contract have been approved by a |
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majority of the defined area voters voting at an election held under |
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Section 9017.058. |
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(b) In addition to the purposes allowed by Chapter 49, Water |
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Code, a contract may contain provisions related to the plant, |
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works, facilities, roads, or other projects to serve the defined |
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area. |
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(c) A contract approved by the defined area voters may |
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contain a provision stating that the contract may be modified or |
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amended by the board without further voter approval. |
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Sec. 9017.061. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations as |
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provided by Chapters 49 and 51, Water Code, to finance the |
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construction, maintenance, or operation of the plant, works, |
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facilities, roads, or other projects to serve the defined area. |
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Sec. 9017.062. TAXES FOR BONDS. At the time the district |
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issues bonds under Section 9017.058, the board may provide for the |
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imposition of a tax to pay the principal of or interest on the |
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bonds. |
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Sec. 9017.063. 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 in the defined area may |
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not exceed one-fourth of the assessed value of the real property in |
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the defined area. |
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SECTION 2. The Lakeway Regional Medical Center Defined Area |
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initially includes all the territory contained in the following |
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area: |
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Being a 53.2335 acre tract of land in the J.P. Warnock Survey |
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No. 56 and the A. Beck Survey No. 54, Travis County, Texas and being |
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all of the Lakeway Regional Medical Center, a subdivision of record |
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in Document No. 200800246 of the Official Public Records of Travis |
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County, Texas; said 53.2335 acre tract of land is more particularly |
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described by metes and bounds as follows: |
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BEGINNING at a 1/2" iron rod found for the most easterly |
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corner of said Lakeway Regional Medical Center subdivision and |
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being a point on the northwesterly line of that 12.695 acre tract of |
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land conveyed to Commercial Lakeway Limited Partnership as recorded |
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in Volume 13241, Page 439 of the Deed Records of Travis County, |
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Texas; |
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THENCE, S47°45'43"W, with the common southeasterly line of |
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said Lakeway Regional Medical Center subdivision and the |
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northwesterly line of said 12.695 acre tract a distance of 1,071.43 |
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feet to a 1/2" iron rod found for the northerly corner of that 24.94 |
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acre tract of land awarded to Lake Travis Independent School |
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District in Travis County Court at Law No. 1, Cause No. 1358; |
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THENCE, S47°38'35"W, continuing with the southeasterly line |
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of said Lakeway Regional Medical Center subdivision, same being the |
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northwesterly line of said 24.94 acre tract, a distance of 738.02 |
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feet a 1/2" iron rod found for the most southerly corner of Lakeway |
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Regional Medical Center subdivision, same being the southeast |
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corner of Lot 4 of Cherry Mountain Phase II, a subdivision of record |
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in Book 76, Page 67 of the Plat Records of Travis County, Texas; |
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THENCE, N33°50'27"W with the common westerly line of said |
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Lakeway Regional Medical Center subdivision and easterly line of |
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said Cherry Mountain Phase II subdivision a distance of 135.20 feet |
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to a 60d nail in a fence post found for an angle point; |
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THENCE, N17°07'00"W continuing with the common westerly line |
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of said Lakeway Regional Medical Center subdivision and easterly |
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line of said Cherry Mountain Phase II subdivision, at 119.77 feet |
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passing a 1/2" iron rod found for the southeast corner of Lot 3-A of |
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the Resubdivision of Lots 1, 2, 3, 9 and 10, Cherry Mountain, Phase |
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II, a subdivision of record in Book 76, Page 230 of the Plat Records |
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of Travis County, Texas, and continuing for a total distance of |
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466.24 feet to a 1/2" iron rod found for the northeast corner of |
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said Lot 3-A; |
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THENCE with the common westerly line of said Lakeway Regional |
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Medical Center subdivision and easterly line of said Resubdivision |
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of Lots 1, 2, 3, 9 and 10, Cherry Mountain, Phase II, the following |
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three (3) courses: |
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1) N17°04'36"W, a distance of 214.01 feet to a 1/2" iron rod |
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found; |
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2) N17°06'42"W, a distance of 137.11 feet to a 1/2" iron rod |
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found; |
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3) N16°56'17"W, a distance of 497.47 feet to a 60d nail in a |
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fence post found on the southerly right-of-way line of Wild Cherry |
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Drive (60.0 feet wide right-of-way) for the most westerly corner of |
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said Lakeway Regional Medical Center subdivision and most northerly |
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corner of Lot 1-A of the Resubdivision of Lots 1, 2, 3, 9 and 10, |
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Cherry Mountain, Phase II; |
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THENCE, N45°52'28"E with the common northwesterly line of |
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said Lakeway Regional Medical Center subdivision and southerly |
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right-of-way line of Wild Cherry Drive, a distance of 136.29 feet to |
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a 1/2" iron rod found for the southwesterly corner of Cherry |
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Mountain I, a subdivision of record in Book 75, Page 369 of the Plat |
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Records of Travis County, Texas; |
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THENCE, with the common southeasterly line of said Cherry |
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Mountain I subdivision and northwesterly line of said Lakeway |
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Regional Medical Center subdivision, the following two (2) courses: |
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1) N46°18'51"E, a distance of 1062.47 feet to a 1/2" iron rod |
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found; |
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2) N46°24'16"E, a distance of 202.89 feet to a 1/2" iron rod |
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found on the curving southerly right-of-way line of Flint Rock |
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Trace (variable width right-of-way) for the most northerly corner |
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of the Lakeway Regional Medical Center subdivision; |
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THENCE, with the common southerly right-of-way line of Flint |
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Rock Trace and northeasterly line of said Lakeway Regional Medica |
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Center subdivision, the following five (5) courses: |
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1) With a curve to the left, having a central angle of |
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5°22'21", a radius of 462.36 feet, a long chord of 43.34 feet (chord |
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bears S35°01'42"E) for an arc distance of 43.35 feet to a 1/2" iron |
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rod found for the point of curvature of a curve to the left; |
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2) With said curve to the left, having a central angle of |
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32°33'01", a radius of 196.13 feet, a long chord of 109.93 feet |
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(chord bears S51°15'25"E) for an arc distance of 111.42 feet to a |
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1/2" iron rod found; |
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3) S67°37'40"E, a distance of 65.16 feet to a 1/2" iron rod |
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found for the point of curvature of a curve to the right; |
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4) With said curve to the right, having a central angle of |
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10°16'25", a radius of 1116.28 feet, a long chord of 199.89 feet |
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(chord bears S62°29'51"E) for an arc distance of 200.16 feet to a |
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1/2"iron rod found; |
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5) S57°19'30"E, a distance of 133.61 feet to a 1/2" iron rod |
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found on the westerly right-of-way line of Ranch Road 620 (variable |
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width right-of-way) for the northeasterly corner of the Lakeway |
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Regional Medical Center subdivision; |
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THENCE, with the common westerly right-of-way line of Ranch |
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Road 620 and easterly line of said Lakeway Regional Medical Center |
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subdivision, the following three (3) courses: |
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1) S22°46'56"E, a distance of 323.63 feet to a 1/2" iron rod |
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found for an angle point; |
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2) S32°40'44"E, a distance of 202.99 feet to a 1/2" iron rod |
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found for an angle point; |
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3) S22°46'34"E, a distance of 169.69 feet to a 1/2" iron rod |
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found for the most northerly corner of the aforesaid 12.695 acre |
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tract of land conveyed to Commercial Lakeway Limited Partnership; |
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THENCE, continuing with the easterly line of said Lakeway |
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Regional Medical Center subdivision, same being the northwesterly |
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line of said 12.695 acre tract, the following two (2) courses: |
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1) S69°54'26"W, a distance of 95.34 feet to a 1/2" iron rod |
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found for an angle point; |
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2) S34°10'14"E, a distance of 203.76 feet to the POINT OF |
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BEGINNING, CONTAINING within these metes and bounds, 53.2335 acres |
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of land area. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2011. |