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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 Southeast Travis County Municipal |
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Utility District No. 2; providing authority to impose a tax and |
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issue 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 F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8____ to read as follows: |
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CHAPTER 8___. SOUTHEAST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT |
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NO._2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8___.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Southeast Travis County |
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Municipal Utility District No. 2. |
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Sec. 8___.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8___.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8___.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8___.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8___.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8___.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8___.007-8___.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8___.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8___.052, directors serve |
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staggered four-year terms. |
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Sec. 8___.052. TEMPORARY DIRECTORS. |
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(a) On or after the effective date of the Act creating this |
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chapter, the owner or owners of a majority of the assessed value of |
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the real property in the district may submit a petition to the Texas |
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Commission on Environmental Quality requesting that the commission |
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appoint as temporary directors the five persons named in the |
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petition. The commission shall appoint as temporary directors the |
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five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8___.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8___.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8___.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8___.053-8___.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8___.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8___.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8___.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the commission as required by Section 54.234, Water Code. |
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Sec. 8___.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8___.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8___.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8___.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8___.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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[Sections 8___.107-8___.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8___.151. ELECTIONS REGARDING TAXES OR BONDS. |
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(a) 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 8___.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8___.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8___.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8___.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8___.154-8___.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8___.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8___.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8___.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Southeast Travis County Municipal Utility |
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District No. 2 initially includes all the territory contained in |
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the following area: |
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BEING ALL OF THAT CERTAIN TRACT OF LAND OUT OF AND A PART OF |
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THE JOSE ANTONIO NAVARRO SURVEY, ABSTRACT NUMBER 18, SITUATED IN |
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TRAVIS COUNTY, TEXAS, BEING MORE FULLY DESCRIBED AS BEING A PORTION |
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OF THAT CERTAIN 290.812 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, |
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LP IN DOCUMENT NUMBER 2007160468 AND ALSO BEING A PORTION OF THAT |
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CERTAIN 49.020 ACRE TRACT OF LAND CONVEYED TO CENTURY RANCH I, LP IN |
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DOCUMENT NUMBER 2010119927 AND ALSO BEING ALL OF THAT CERTAIN 4.022 |
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ACRE TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER |
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2007160468 AND ALSO BEING ALL OF THAT CERTAIN 95.733 ACRE TRACT OF |
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LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2007154323 AND |
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ALSO BEING ALL OF THAT CERTAIN 73.515 ACRE TRACT OF LAND CONVEYED TO |
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QUALICO CR, LP IN DOCUMENT NUMBER 2008139824 AND ALSO BEING ALL OF |
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THAT CERTAIN 49.021 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, LP IN |
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DOCUMENT NUMBER 2009141318 AND ALSO BEING A PORTION OF THAT CERTAIN |
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49.021 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT |
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NUMBER 2010119926 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
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TEXAS, SAID TRACT BEING 475.159 ACRES OF LAND BEING MORE FULLY |
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DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING, at a capped iron rod found at the southeast corner |
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of said 95.733 acre tract, also being the southwest of said 4.022 |
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acre tract also being a point on the northern right-of-way line of |
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Pearce Lane, a varying width public right-of-way, for the southerly |
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line and POINT OF BEGINNING of the herein described tract, |
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THENCE, with the northern right-of-way line of said Pearce |
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Lane and the southern boundary line of said 95.733 acre Qualico CR, |
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LP tract the following seven (7) courses and distances, numbered 1 |
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through 7, |
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1. N64°40'44"W, a distance of 1194.42 feet to an iron rod |
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found, |
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2. N85°36'44"W, a distance of 13.29 feet to an iron rod |
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found, |
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3. N07°39'01"E, a distance of 5.00 feet to an iron rod |
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found, |
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4. N64°36'43"W, a distance of 245.18 feet to an iron rod |
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found at a point of curvature to the right, |
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5. With said curve to the right having a radius of |
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9757.39 feet, an arc length of 498.25 feet and whose chord bears, |
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N62°54'51"W, a distance of 498.19 feet to an iron rod found, |
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6. N61°02'28"W, a distance of 1090.04 feet to a capped |
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iron rod found at a point of curvature to the right, |
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7. With said curve to the right having a radius of |
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5314.70 feet, an arc length of 79.60 feet and whose chord bears, |
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N60°39'14"W, a distance of 79.60 feet to a capped iron rod found at |
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the southeast boundary corner of a 2.92 acre tract of land conveyed |
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to Pablo T. Rodriguez and Ana M. Rodriguez recorded with ID Number |
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297631 of the Official Public Records of Travis County, Texas for |
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the southeast corner of the herein described tract, |
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THENCE, leaving the northern right-of-way line of said Pearce |
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Lane and along the common boundary line of said 95.733 acre Qualico |
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CR, LP tract, said 73.515 acre tract and said 2.92 acre tract, |
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N22°16'28"E, a distance of 1672.61 feet to an iron rod found at the |
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southeast property corner of a 230.56 acre tract of land conveyed to |
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AE Johanson LTD., recorded with ID Number 297614 of the Official |
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Public Records of Travis County, Texas, |
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THENCE, with the common boundary line said 230.56 acre tract |
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and said 73.515 acre Qualico CR, LP tract the following two (2) |
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courses and distances, numbered 1 and 2, |
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1. N27°20'48"E, a distance of 492.76 feet to an iron rod |
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found, |
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2. N27°20'09"E, a distance of 493.30 feet to an pipe |
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found at the southwest property corner of a 4.288 acre tract of land |
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conveyed to Heliodoro Reyes and Aquilino Cruz recorded with ID |
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Number 297656 of the Official Public Records of Travis County, |
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Texas, |
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THENCE, with the common boundary line of said 73.515 acre |
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Qualico CR, LP tract and said 4.288 acre tract and a 4.549 acre |
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tract of land conveyed to Raymundo Constancio recorded with ID |
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Number 297638 of the Official Public Records of Travis County, |
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Texas, S62°41'21"E, a distance of 1053.43 feet to an iron rod found |
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at the westerly boundary line of a 149.50 acre tract of land |
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conveyed to Danlandco, LTD., recorded in Volume 12849, Page 602 of |
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the Official Public Records of Travis County, Texas, |
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THENCE, with the common boundary line of said 73.515 acre |
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Qualico CR, LP tract and said 149.50 acre tract, S27°16'12"W, a |
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distance of 420.94 feet to a point at the westerly property corner |
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of said 49.021 acre Qualico CR, LP tract, recorded in Document No. |
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2009141318 of the Official Public Records of Travis County, Texas, |
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THENCE, with the common boundary line of said 149.50 acre |
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tract and said 49.021 acre Qualico CR, LP tract and meanders with |
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the creek the following twenty (20) courses and distances, numbered |
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1 through 20, |
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1. S65°52'11"E, a distance of 146.51 feet to a point, |
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2. S78°52'45"E, a distance of 183.75 feet to a point, |
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3. S87°04'30"E, a distance of 94.84 feet to a point, |
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4. N74°52'33"E, a distance of 228.09 feet to a point, |
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5. S71°55'39"E, a distance of 35.48 feet to a point, |
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6. N65°28'54"E, a distance of 109.08 feet to a point, |
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7. S85°58'17"E, a distance of 118.84 feet to a point, |
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8. N79°36'57"E, a distance of 55.58 feet to a point, |
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9. S76°05'41"E, a distance of 184.39 feet to a point, |
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10. N42°02'49"E, a distance of 91.77 feet to a point, |
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11. N70°25'47"E, a distance of 76.81 feet to a point, |
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12. N85°41'37"E, a distance of 87.02 feet to a point, |
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13. S66°58'18"E, a distance of 134.03 feet to a point, |
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14. N62°00'42"E, a distance of 35.56 feet to a point, |
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15. N04°49'48"E, a distance of 83.72 feet to a point, |
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16. N24°49'58"E, a distance of 69.43 feet to a point, |
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17. N63°40'55"E, a distance of 65.81 feet to a point, |
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18. N83°34'57"E, a distance of 59.77 feet to a point, |
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19. S57°51'02"E, a distance of 89.45 feet to a point, |
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20. S81°54'18"E, a distance of 212.36 feet to a point on |
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the easterly boundary line of said 149.50 acre tract and at the |
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south westerly property corner of said 49.021 acre Qualico CR, LP |
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tract recorded in Document No. 2010119926 same being the most |
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northerly property corner of said 49.021 acre Qualico CR, LP tract |
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recorded in Document No. 2008139824 all of the Official Public |
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Records of Travis County, Texas, |
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THENCE, with the common boundary line of said 49.021 acre |
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Qualico CR, LP tract recorded in Document No. 2010119926 of the |
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Official Public Records of Travis County, Texas and said 149.50 |
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acre tract, N89°48'04"E, a distance of 79.85 feet to a point on the |
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easterly boundary line of a 115.00 acre tract of land conveyed to |
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Danlandco, LTD., recorded in Volume 12839, Page 791 of the Official |
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Public Records of Travis County, Texas, |
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THENCE, with the common boundary line of said 149.50 acre |
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tract and said 49.020 acre Century Ranch I, LP tract and said 49.021 |
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acre Qualico CR, LP tract recorded in Document No. 2010119926 of the |
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Official Public Records of Travis County, Texas and meanders with |
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the creek the following twenty six (26) courses and distances, |
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numbered 1 through 26, |
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1. N68°48'09"E, a distance of 70.70 feet to a point, |
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2. N32°18'18"E, a distance of 58.65 feet to a point, |
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3. S83°08'38"E, a distance of 68.94 feet to a point, |
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4. N59°25'36"E, a distance of 100.62 feet to a point, |
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5. N30°36'04"E, a distance of 128.12 feet to a point, |
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6. N16°59'56"E, a distance of 108.76 feet to a point, |
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7. N00°18'16"E, a distance of 73.73 feet to a point, |
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8. N28°22'18"W, a distance of 98.35 feet to a point, |
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9. N50°03'12"E, a distance of 134.33 feet to a point, |
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10. N17°07'53"W, a distance of 104.77 feet to a point, |
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11. N17°58'32"E, a distance of 100.64 feet to a point, |
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12. N62°01'43"E, a distance of 80.07 feet to a point, |
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13. N23°05'24"E, a distance of 52.33 feet to a point, |
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14. N02°42'46"W, a distance of 142.46 feet to a point, |
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15. N23°29'54"W, a distance of 96.37 feet to a point, |
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16. N32°44'57"E, a distance of 103.55 feet to a point, |
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17. N24°04'26"E, a distance of 321.89 feet to a point, |
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18. N56°22'04"E, a distance of 270.51 feet to a point, |
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19. N79°08'51"E, a distance of 138.45 feet to a point, |
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20. S60°42'38"E, a distance of 61.41 feet to a point, |
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21. S80°00'53"E, a distance of 190.79 feet to a point, |
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22. S48°03'50"E, a distance of 24.33 feet to a point, |
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23. S79°48'01"E, a distance of 65.40 feet to a point, |
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24. S67°01'03"E, a distance of 186.92 feet to a point, |
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25. S09°51'34"E, a distance of 47.71 feet to a point, |
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26. S20°33'35"W, a distance of 28.59 feet to a point at |
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the southeast property corner of said 115.00 acre tract same being |
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the northerly boundary line of said 49.020 acre tract and the |
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westerly boundary line of said 290.812 acre tract, |
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THENCE, with the common boundary line of said 115.00 acre |
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tract and said 290.812 acre tract, N27°39'15"E, a distance of 152.76 |
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feet to a point at the southwest property corner of a 130.50 acre |
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tract of land conveyed to John Richards Jr., recorded in Volume |
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2807, Page 382 of the Official Public Records of Travis County, |
|
Texas, |
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THENCE, with the common boundary line of said 290.812 acre |
|
Qualico CR, LP tract and said 130.50 acre tract the following seven |
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(7) courses and distances, numbered 1 through 7, |
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1. S69°10'47"E, a distance of 687.67 feet to a point, |
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2. S62°30'03"E, a distance of 161.88 feet to a point, |
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3. S61°10'38"E, a distance of 87.12 feet to a point, |
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4. S59°53'21"E, a distance of 223.25 feet to a point, |
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5. S51°14'10"E, a distance of 323.72 feet to a point, |
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6. S50°08'52"E, a distance of 97.37 feet to a point, |
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7. S52°41'23"E, a distance of 263.41 feet to a point at |
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the southeast property corner of said 130.50 acre tract and also |
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being on the westerly boundary line of a 93.26 acre tract of land |
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conveyed to Amye Haws recorded in Volume 6499, Page 1532, of the |
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Official Public Records of Travis County, Texas, |
|
THENCE, crossing said 290.812 acre Qualico CR, LP tract and |
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said 49.020 acre Century Ranch I, LP tract the following nineteen |
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(19) courses and distances, numbered 1 through 19, |
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1. S27°26'16"E, a distance of 785.97 feet to a point of |
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curvature to the right, |
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2. With said curve to the right having a radius of |
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1143.00 feet, an arc length of 397.93 feet and whose chord bears, |
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S37°24'41"W, a distance of 395.93 feet to an capped iron rod found, |
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3. S20°32'37"W, a distance of 151.41 feet to a point, |
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4. S22°14'54"W, a distance of 56.10 feet to a point, |
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5. S40°50'46"E, a distance of 58.27 feet to a point, |
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6. S08°11'43"W, a distance of 668.26 feet to a point, |
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7. S16°31'07"W, a distance of 26.41 feet to a point, |
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8. S14°09'53"W, a distance of 488.10 feet to a point, |
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9. S50°01'31"W, a distance of 223.20 feet to a point, |
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10. S80°38'54"W, a distance of 302.42 feet to a capped |
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iron rod found, |
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11. S56°53'58"W, a distance of 523.33 feet at a capped |
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iron rod found continuing a total distance of 865.12 feet to a |
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capped iron rod found, |
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12. S40°56'29"W, a distance of 382.51 feet at a capped |
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iron rod found continuing a total distance of 469.43 feet to a |
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capped iron rod found, at a point of curvature to the right, |
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13. With said curve to the right having a radius of |
|
1143.00 feet, an arc length of 152.95 feet and whose chord bears, |
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S30°08'09"W, a distance of 152.84 feet to a capped iron rod found, |
|
14. S33°58'10"W, a distance of 25.37 feet to an capped |
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iron rod found and point of curvature to the left, |
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15. With said curve to the left having a radius of 20.00 |
|
feet, an arc length of 31.42 feet and whose chord bears, |
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S11°01'50"E, a distance of 28.28 feet to an capped iron rod found, |
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16. S56°01'50"E, a distance of 475.38 feet to a point of |
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curvature to the right, |
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17. With said curve to the right having a radius of |
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535.00 feet, an arc length of 228.96 feet and whose chord bears, |
|
S43°46'14"E, a distance of 227.21 feet to a point, |
|
18. S31°30'38"E, a distance of 170.81 feet to a point, |
|
19. S28°02'07"W, a distance of 720.75 feet to a point on |
|
the northern right-of-way line of said Pearce Lane, |
|
THENCE, with the common boundary line of said 290.812 acre |
|
Qualico CR, LP tract and the northern right-of-way line of said |
|
Pearce Lane, the following six (6) courses and distances, numbered |
|
1 through 6, |
|
1. N61°59'58"W, a distance of 136.87 feet to a point of |
|
curvature to the right, |
|
2. With said curve to the right having a radius of |
|
7861.27 feet, an arc length of 292.21 feet and whose chord bears, |
|
N60°55'19"W, a distance of 292.20 feet to a point, |
|
3. N59°52'27"W, a distance of 419.81 feet to an capped |
|
iron rod found and point of curvature to the left, |
|
4. With said curve to the left having a radius of |
|
6565.50 feet, an arc length of 553.32 feet and whose chord bears, |
|
N62°17'18"W, a distance of 553.15 feet to an iron rod found, |
|
5. N64°43'45"W, a distance of 536.71 feet to an iron rod |
|
found at the southeast property corner of said 4.022 acre tract and |
|
6. N64°43'44"W, a distance of 394.63 feet to the POINT OF |
|
BEGINNING and containing 475.159 acres of land, |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) Section 8___.106, Special District Local |
|
Laws Code, as added by Section 1 of 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 |
|
members elected to each house, Subchapter C, Chapter 8___, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8___.106 to read as follows: |
|
Section 8___.106. NO EMINENT DOMAIN POWER. The District |
|
may not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17©, |
|
Article I, Texas Constitution. |
|
SECTION 5. Except as provided by Section 4 of this Act: |
|
(1) this Act takes effect immediately if it receives a |
|
vote of two-thirds of all members elected to each house, as provided |
|
by Section 39, Article III, Texas Constitution; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2011. |