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A BILL TO BE ENTITLED
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relating to the creation of the Southeast Travis County Municipal |
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Utility District No. 4; providing authority to impose a tax and |
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issue bonds. |
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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 8385 to read as follows: |
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CHAPTER 8385. SOUTHEAST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT |
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NO. 4 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8385.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Southeast Travis County |
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Municipal Utility District No. 4. |
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(5) "Municipality" means a municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located. |
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Sec. 8385.002. 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. 8385.003. 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 permanent |
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directors as provided by Section 8385.051 of this code and Section |
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49.102, Water Code. |
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Sec. 8385.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 8385.003 |
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until each municipality has consented by ordinance or resolution to |
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the creation of the district and to the inclusion of land in the |
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district. |
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(b) If a municipality does not consent to the creation of |
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the district or if the district does not enter into an agreement |
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required by the terms of the municipal ordinance or resolution |
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consenting to the creation of the district under this section |
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before September 1, 2012: |
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(1) the district is dissolved September 1, 2012, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to the municipality or another local |
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governmental entity to be used for a public purpose; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 8385.005. 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, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 8385.006. 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 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 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 8385.007-8385.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8385.051. GOVERNING BODY; TERMS. (a) Except as |
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provided by Subsection (b), the district is governed by a board of |
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five elected directors. |
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(b) If required under the terms of the agreement, ordinance, |
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or resolution by which a municipality consents to the creation of |
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the district, the board consists of: |
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(1) four elected directors; and |
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(2) one director appointed by the governing body of |
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the municipality. |
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(c) A director appointed under Subsection (b)(2) is not |
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required to be a qualified voter of the district or to own land |
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subject to taxation in the district. |
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(d) Except as provided by Section 8385.052, directors serve |
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staggered four-year terms. A permanent director may not serve more |
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than two four-year terms. |
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(e) The common law doctrine of incompatibility does not |
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disqualify an official or employee of a municipality from being |
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appointed a director by the governing body of a municipality under |
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Subsection (b)(2), and a director appointed to the board may |
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continue to serve in a public office of or be employed by the |
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municipality. |
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Sec. 8385.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the 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 8385.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8385.003 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 8385.003; 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 8385.053-8385.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8385.101. 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. 8385.102. 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. 8385.103. 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. 8385.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8385.103 |
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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. 8385.105. COMPLIANCE WITH AND ENFORCEABILITY OF |
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MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The |
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district shall comply with all applicable requirements of any |
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ordinance or resolution that is adopted under Section 54.016 or |
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54.0165, Water Code, and that consents to the creation of the |
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district or to the inclusion of land in the district. |
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(b) Any agreement between the district and a municipality |
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related to the municipality's consent to the creation of the |
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district is valid and enforceable. |
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(c) On the issuance of bonds by the district, the district |
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is considered to have waived sovereign immunity to suit by a |
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municipality for the purpose of adjudicating a claim for breach of |
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an agreement described by this section. |
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Sec. 8385.106. CONTRACT TO FURTHER REGIONAL COOPERATION. |
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The district and a municipality may contract on terms that the board |
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and governing body of the municipality agree will further regional |
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cooperation between the district and the municipality. |
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Sec. 8385.107. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 8385.108-8385.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8385.151. 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 8385.153. |
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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. 8385.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8385.151, 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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(c) If required by an agreement between the district and a |
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municipality under Section 8385.105, the total ad valorem tax rate |
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of the district may not be less than the total ad valorem tax rate of |
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the municipality. |
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Sec. 8385.153. 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 8385.154-8385.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8385.201. 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. 8385.202. 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. 8385.203. 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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[Sections 8385.204-8385.250 reserved for expansion] |
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SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL |
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ANNEXATION AND NOTICE |
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Sec. 8385.251. STRATEGIC PARTNERSHIP; CONTINUATION OF |
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DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may |
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continue to exist as a limited district after full-purpose |
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annexation by a municipality if the district and the annexing |
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municipality state the terms of the limited district's existence in |
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a strategic partnership agreement under Section 43.0751, Local |
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Government Code. |
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(b) The strategic partnership agreement may provide for a |
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term of any number of years. The limitation in Section |
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43.0751(g)(2), Local Government Code, on the length of the term |
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does not apply to a limited district created under this section. |
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Sec. 8385.252. MUNICIPAL ANNEXATION; NOTICE. |
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(a) Sections 43.0561 and 43.0562, Local Government Code, do not |
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apply to the annexation of the district by a municipality that |
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consents to the creation of the district under Section 8385.004. |
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(b) Not later than the 30th day after the date a |
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municipality adopts a resolution or ordinance consenting to the |
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creation of the district, the municipality shall file, in the real |
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property records of the county in which the land to be included in |
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the district is located, a notice to a purchaser of real property in |
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the district that describes: |
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(1) the municipality's authority and intention to |
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annex the district; and |
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(2) the anticipated date of the annexation. |
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(c) After the notice is filed, a person who proposes to sell |
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or otherwise convey real property in the district must include the |
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information contained in the municipality's notice in the Notice to |
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Purchasers required by Section 49.452, Water Code. |
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SECTION 2. The Southeast Travis County Municipal Utility |
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District No. 4 initially includes all the territory contained in |
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the following area: |
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BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF |
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THE JOSE ANTONIO NAVARRO SURVEY, ABSTRACT 18, SITUATED IN TRAVIS |
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COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED |
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AS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND |
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CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2008139825, A PORTION |
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OF THAT CERTAIN 362.872 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, |
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LP IN DOCUMENT NUMBER 2008082363, ALL OF THAT CERTAIN 184.382 ACRE |
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TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER |
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2010119925 AND A PORTION OF THAT CERTAIN 161.518 ACRE TRACT OF LAND |
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CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2009141317 ALL OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID TRACT OF LAND |
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BEING 378.452 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS |
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AS FOLLOWS: |
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BEGINNING, at an iron rod found at the southeast corner of said |
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74.590 acre Qualico CR, LP tract, also being the southwest corner of |
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said 161.518 acre Qualico CR, LP tract, also being a point on the |
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northern right-of-way line of Pearce Lane, a varying width public |
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roadway, for the POINT OF BEGINNING of the herein described tract, |
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THENCE, with the southern boundary line of said 74.590 acre Qualico |
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CR, LP tract and the northern right-of-way line of said Pearce Lane, |
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the following two (2) courses and distances numbered 1 and 2, |
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1. N64°19'11"W a distance of 92.92 feet to an iron rod |
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found at the point of curvature to the left, |
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2. with said curve to the left having a radius of |
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9419.72 feet, an arc length of 502.24 feet, and whose chord |
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bears N65°59'24"W, a distance of 502.18 feet to an iron rod |
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found, |
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THENCE, leaving the northern right-of-way line of said Pearce Lane, |
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and crossing said 74.590 acre Qualico CR, LP tract, the said 161.518 |
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acre Qualico CR, LP tract, and the 362.872 acre Qualico CR, LP tract |
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, the following twelve (12) courses and distances, numbered 1 |
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through 12, |
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1. N59°39'27"E, a distance of 145.30 feet to a |
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calculated point, |
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2. S77°46'45"E, a distance of 440.15 feet to a |
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calculated point, |
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3. S84°08'57"E, a distance of 722.01 feet to a |
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calculated point, |
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4. N45°54'29"E, a distance of 698.92 feet to a |
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calculated point, |
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5. N08°39'51"E, a distance of 919.38 feet to a |
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calculated point, |
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6. N55°53'27"W, a distance of 506.81 feet to a |
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calculated point, |
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7. N16°17'52"W, a distance of 1014.45 feet to a |
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calculated point, |
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8. N62°26'37"E, a distance of 544.11 feet to a |
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calculated point, |
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9. N30°27'47"E, a distance of 295.08 feet to a |
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calculated point, |
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10. N18°05'14"W, a distance of 633.66 feet to a |
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calculated point, |
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11. N31°33'30"E, a distance of 578.23 feet to a |
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calculated point, |
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12. N30°19'13"E, a distance of 1597.94 feet to an iron |
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rod found on the north line of said 362.872 acre Qualico CR, |
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LP tract, and in the south line of a 147.806 acre tract |
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conveyed to Gregory C. Weiss and Virginia G. Bassett tract, |
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recorded in Document Number 2006186612, |
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THENCE, with the common southern boundary line of said 147.806 acre |
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Gregory C. Weiss and Virginia G. Bassett tract and the northern |
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boundary line of said 362.872 acre Qualico CR, LP tract, |
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S63°19'24"E, a distance of 699.61 feet to the northwest corner of |
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said 184.382 Qualico CR, LP tract, |
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THENCE, with the common southern boundary line of said 147.806 acre |
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Gregory C. Weiss and Virginia G. Bassett tract and the northern |
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boundary line of said 184.382 acre Qualico CR, LP tract, |
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S63°21'31"E, a distance of 2403.99 feet to an iron rod found at the |
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northeast corner of said 184.382 acre Qualico CR, LP tract, also |
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being in the westerly right-of-way line of Wolfe Lane, a varying |
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width public roadway, |
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THENCE, with the common boundary line of said 184.382 acre Qualico |
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CR, LP tract and the west right-of-way line of said Wolfe Lane, the |
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following nine (9) courses and distances, numbered 1 through 9, |
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1. S28°41'05"W, a distance of 93.30 feet to an iron rod |
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found, |
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2. S28°01'16"W, a distance of 387.32 feet to an iron rod |
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found, |
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3. S27°56'22"W, a distance of 289.74 feet to an iron rod |
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found, |
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4. S27°35'22"W, a distance of 341.84 feet to an iron rod |
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found, |
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5. S27°21'56"W, a distance of 191.88 feet to an iron rod |
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found, |
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6. S26°52'52"W, a distance of 541.29 feet to an iron rod |
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found, |
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7. S27°04'44"W, a distance of 1120.79 feet to an iron rod |
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found, |
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8. S27°32'04"W, a distance of 329.70 feet to an iron rod |
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found, |
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9. S27°38'13"W, a distance of 195.47 feet to an iron rod |
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found, in the west right-of-way line of said Wolfe Lane and in |
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the west line of said 161.518 acre Qualico CR, LP tract, |
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THENCE, with the common boundary line of said 161.518 acre Qualico |
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CR, LP tract and the west right-of-way line of said Wolfe Lane, the |
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following two (2) courses and distances, numbered 1 and 2, |
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1. S27°17'41"W, a distance of 103.86 feet to an iron rod |
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found, |
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2. S27°06'59"W, a distance of 2038.07 feet to a |
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calculated point, |
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THENCE, leaving right-of-way line of said Wolfe Lane and crossing |
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said 161.518 acre Qualico CR, LP tract, S39°14'43"W, a distance of |
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856.86 feet to an iron rod found in the south line of said 161.518 |
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acre Qualico CR, LP tract, also being in the northerly right-of-way |
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line of said Pearce Lane, for the point of curvature to the left, |
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THENCE, with the common boundary line of said 161.518 acre Qualico |
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CR, LP tract and the north right-of-way line of said Pearce Lane, |
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the following six (6) courses and distances, numbered 1 through 6, |
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1. with said curve to the left having a radius of |
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2576.23 feet, an arc length of 451.04 feet, and whose chord |
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bears N46°34'33"W, a distance of 450.46 feet to an iron rod |
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found, |
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2. N51°35'30"W, a distance of 194.12 feet to an iron rod |
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found at the point of curvature to the left, |
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3. with said curve to the left having a radius of |
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8327.42 feet, an arc length of 502.55 feet, and whose chord |
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bears N53°20'29"W, a distance of 502.47 feet to an iron rod |
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found, |
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4. N55°04'13"W, a distance of 181.98 feet to an iron rod |
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found at the point of curvature to the left, |
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5. with said curve to the left having a radius of |
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3174.03 feet, an arc length of 506.11 feet, and whose chord |
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bears N59°48'40"W, a distance of 505.58 feet to an iron rod |
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found and |
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6. N64°22'45"W, a distance of 434.44 feet to the POINT OF |
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BEGINNING, and containing 378.452 acres of land. |
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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, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
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(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 |
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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 |
|
representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. 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. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |