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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 Crosswinds Municipal Utility |
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District; granting a limited power of eminent domain; providing |
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authority to issue bonds; providing authority to impose |
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assessments, fees, or taxes. |
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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 8468 to read as follows: |
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CHAPTER 8468. CROSSWINDS MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8468.001. 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 Crosswinds Municipal Utility |
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District. |
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Sec. 8468.002. 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. 8468.003. 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. 8468.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8468.003 |
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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. 8468.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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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 a |
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municipal utility district as provided by general law and Section |
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59, Article XVI, Texas Constitution. |
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Sec. 8468.006. 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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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8468.051. 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 8468.052, directors serve |
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staggered four-year terms. |
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Sec. 8468.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Anthony Dell Abate; |
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(2) John Avent; |
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(3) Barry Clark; |
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(4) Roy Sanders; and |
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(5) Lee Weber. |
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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 8468.003; 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 8468.003 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 8468.003; 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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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8468.101. 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. 8468.102. 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. 8468.103. 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8468.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8468.153. |
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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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Sec. 8468.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8468.151, 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. 8468.153. 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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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8468.201. 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. 8468.202. 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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SECTION 2. The Crosswinds Municipal Utility District |
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initially includes all the territory contained in the following |
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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 JESSE B. EAVES SURVEY, ABSTRACT 166, AND THE SAMUEL LITTLE |
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SURVEY, ABSTRACT 286, SITUATED IN HAYS COUNTY, TEXAS, SAID TRACT OF |
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LAND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT |
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CERTAIN 446.80 ACRES OF LAND CONVEYED TO H.H. PHILLIPS IN VOLUME |
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201, PAGE 19 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS, SAID TRACT |
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BEING 445.11 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS |
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AS FOLLOWS: |
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BEGINNING, at an iron pin found on the South right-of-way line of |
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County Road 131, said iron pin also being located at the most |
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northeasterly corner of Lot 27, Block D, of Dove Hills Estates |
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Section One, a subdivision recorded in Volume 2, Page 325 of the |
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Deed Records of Hays County, Texas, said iron pin also being located |
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at the most northwesterly corner of the herein described tract, and |
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also POINT OF BEGINNING of the herein described tract, |
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THENCE, with the new South right-of-way line of said County Road 131 |
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S89°08'29"E, a distance of 2,340.02 feet to an iron pin found, said |
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iron pin being located at a point of curvature to the left, |
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THENCE, continuing with curve along the new South right-of-way line |
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of said County Road 131 that has a central angle of 12°27'00", a |
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radius of 1628.52 feet, a length of 353.87 feet, a chord of 353.17 |
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feet, and a bearing of N84°38'01"E, to an iron pin found, |
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THENCE, leaving the new right-of-way line of said County Road 131 |
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and continuing with the old right-of-way line of said County Road |
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131, S89°59'48"E, a distance of 124.98 feet to a concrete nail, said |
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nail being located along the common line of said Samuel Little |
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Survey and said Jesse B. Eaves Survey, said nail also being located |
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at the most northeasterly corner of the herein described tract, |
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THENCE, leaving the old right-of-way line of said County Road 131 |
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and continuing with the common line of the Samuel Little Survey and |
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the Jesse B. Eaves Survey S45°23'27"W, a distance of 981.04 feet to |
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an iron pin, said iron pin being a westerly corner of the herein |
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described tract, |
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THENCE, leaving the common line of the Samuel Little Survey and the |
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Jesse B. Eaves Survey S44°46'41"E, a distance of 134.69 feet to an |
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iron pin found, said iron pin being located at the West corner of a |
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7.771 acre tract of land conveyed to Alice Rios in Document 9925762 |
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of the Deed Records of Hays County, Texas, |
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THENCE, continuing along an eastern line of the herein described |
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tract S45°05'21"E, a distance of 1,003.31 feet to an iron pin found, |
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said iron pin being located at the South corner of a 9.998 acre |
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tract of land conveyed to Ronald D. Holifield and Melodie A. |
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Holifield in Volume 1324, Page 651 of the Deed Records of Hays |
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County, Texas, |
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THENCE, continuing along an east line of the herein described tract |
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S44°42'12"E, a distance of 181.24 feet to a concrete nail, said nail |
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being located at the North corner of a 100.15 acre tract of land |
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conveyed to Ray E. Jones and Annie B. Jones in Volume 1135, Page 868 |
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of the Deed Records of Hays County, Texas, said nail also being |
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located at an East corner of the herein described tract, |
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THENCE, with the North line of said Jones Tract, S45°25'00"W, a |
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distance of 1,662.52 feet to an iron pin, said iron pin being |
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located at the West corner of said Jones Tract, said iron pin also |
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being located at an East corner of the herein described tract, |
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THENCE, with the East line of said Jones Tract S44°45'16"E, a |
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distance of 2,630.83 feet to a concrete nail, said nail being |
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located at the South corner of said Jones Tract, said nail also |
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being located at the most easterly corner of the herein described |
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tract, said nail also being located on the North right-of-way line |
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of County Road 157, |
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THENCE, with the North right-of-way line of said County Road 157 |
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S45°00'00"W a distance of 3,404.46 feet to a concrete nail found, |
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said nail being located at the most easterly corner of Lot 94 of |
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Sunrise Acres, a subdivision recorded in Volume 2, Page 346 of the |
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Deed Records of Hays County, Texas, said nail also being located at |
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the most southern corner of the herein described tract, |
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THENCE, leaving the North right-of-way line of said County Road 157 |
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and continuing with the most westerly line of said Sunrise Acres the |
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following three (3) courses and distances: |
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(1) N44°43'39"W, a distance of 2,207.70 feet to an iron pin |
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found, |
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(2) N44°53'47"W, a distance of 969.22 feet to an iron pin |
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found, |
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(3) N44°48'29"W, a distance of 758.82 feet to an iron pin |
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found, said iron pin being located at the most northerly corner of |
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said Sunrise Acres, said iron pin also being located at the most |
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westerly corner of the herein described tract, |
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THENCE, with a west line of the herein described tract N44°38'24"E, |
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a distance of 1,058.81 feet to an iron pin, said iron pin being |
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located at an angle point of Lot 25, of Dove Hills Estates Section |
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Two, a subdivision recorded in Volume 3, Page 179 of the Deed |
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Records of Hays County, Texas, |
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THENCE, with an eastern line of said Dove Hills Estates Section Two |
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the following four (4) courses and distances: |
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(1) N44°52'26"E, a distance of 1,105.77 feet to a 60d nail |
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found, |
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(2) N44°51'31"E, a distance of 661.25 feet to an iron pin |
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found, |
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(3) N44°50'37"E, a distance of 399.21 feet to an iron pin |
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found, |
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(4) N44°44'50"E, a distance of 175.19 feet to an iron pin, |
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said iron pin being located at the most westerly corner of Lot 12 of |
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said Dove Hills Estates Section Two, |
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THENCE, leaving the eastern line of said Dove Hills Estates Section |
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Two N44°44'50"E, a distance of 14.18 feet to an iron pin found, said |
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iron pin being located at an angle point for the herein described |
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tract, |
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THENCE, S84°26'55"W, a distance of 19.78 feet to an iron pin found, |
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said iron pin being located at the most northerly corner of said Lot |
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12 of Dove Hills Estates Section Two, |
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THENCE, with a north line of said Dove Hills Estates Section Two the |
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following four (4) courses and distances: |
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(1) S87°52'28"W, a distance of 456.24 feet to an iron pin |
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found, |
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(2) S87°51'08"W, a distance of 526.71 feet to an iron pin |
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found, |
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(3) S87°47'58"W, a distance of 300.16 feet to an iron pin |
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found, |
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(4) S89°38'13"W, a distance of 46.72 feet to a 60d nail found |
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in post, said nail being located at the common corner of Lot 1 of |
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Dove Hills Estates Section Two and Lot 15 of Dove Hills Estates |
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Section One, said nail also being located at an east corner of the |
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herein described tract, |
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THENCE, with the east line of said Dove Hills Estates Section One |
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the following nine (9) courses and distances: |
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(1) N08°33'38"E, a distance of 336.88 feet to an iron pin, |
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(2) N25°12'16"E, a distance of 56.49 feet to an iron pin |
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found, |
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(3) N25°12'16"E, a distance of 362.11 feet to an iron pin |
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found, |
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(4) N09°01'18"E, a distance of 41.65 feet to an iron pin |
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found, |
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(5) N08°24'13"E, a distance of 276.06 feet to an iron pin |
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found, |
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(6) N08°11'26"E, a distance of 179.37 feet to an iron pin |
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found, |
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(7) N08°18'28"E, a distance of 158.36 feet to an iron pin |
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found, |
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(8) N08°19'18"E, a distance of 315.02 feet to an iron pin |
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found, |
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(9) N08°40'18"E, a distance of 230.02 feet to the POINT OF |
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BEGINNING, containing the 445.11 acres tract 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, |
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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. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8468, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8468.104 to read as follows: |
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Sec. 8468.104. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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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, 2013. |