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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 LaSalle Municipal Utility District |
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No. 3; 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 8474 to read as follows: |
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CHAPTER 8474. LASALLE MUNICIPAL UTILITY DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8474.001. 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 LaSalle Municipal Utility |
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District No. 3. |
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Sec. 8474.002. 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. 8474.003. 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. 8474.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8474.003 |
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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. 8474.005. 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. 8474.006. 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. 8474.051. 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 8474.052, directors serve |
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staggered four-year terms. |
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Sec. 8474.052. 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 8474.003; 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 8474.003 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 8474.003; 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. 8474.101. 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. 8474.102. 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. 8474.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, and Section 53.029(c), Water |
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Code, the district may design, acquire, construct, finance, issue |
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bonds for, improve, operate, maintain, and convey to this state, a |
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county, or a municipality for operation and maintenance |
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macadamized, graveled, or paved roads, or improvements, including |
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storm drainage, in aid of those roads. |
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Sec. 8474.104. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8474.105. 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8474.151. 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 8474.153. |
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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. 8474.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8474.151, 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. 8474.153. 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. 8474.201. 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. 8474.202. 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. 8474.203. 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 LaSalle Municipal Utility District No. 3 |
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initially includes all the territory contained in the following |
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area: |
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FIELD NOTE DESCRIPTION OF 320.71 ACRES OF LAND OUT OF THE WILLIAM |
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HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A |
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PORTION OF THAT CERTAIN (765.035 ACRE) TRACT OF LAND AS CONVEYED TO |
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LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME |
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2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, |
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TOGETHER WITH A PORTION OF THAT CERTAIN (171.236) ACRE) TRACT OF |
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LAND AS CONVEYED TO LASALLE HOLDINGS, LTD. BY GENERAL WARRANTY DEED |
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RECORDED IN VOLUME 3030 PAGE 657 OF THE OFFICIAL PUBLIC RECORDS OF |
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HAYS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES |
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AND BOUNDS AS FOLLOWS: |
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BEGINNING FOR REFERENCE at 1/2" iron rod found in the Northeast |
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right-of-way line of Yarrington Road for the most Westerly corner |
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of that certain (765.035 acre) tract of land as conveyed to LaSalle |
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Holdings, Ltd. By Special Warranty Deed recorded in Volume 2909 |
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Page 684 of the Official Public Records of Hays County, Texas, and |
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for the most Southerly corner of that certain (468.288 acre) tract |
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of land described as "Tract 2" in deed to F.M. 158 Land, Ltd. As |
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recorded in Volume 2702 Page 613 of the Official Public Records of |
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Hays County, Texas; |
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THENCE leaving the Northeast right-of-way line of Yarrington Road |
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with a Northwesterly line of said LaSalle Holdings (765.035 acre) |
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tract, N 44 deg. 14'37"E 963.10 ft. to a point for the North corner |
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and PLACE OF BEGINNING of the herein described tract of land; |
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THEN continuing with a Northwesterly line of said LaSalle Holdings |
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(765.035 acre) tract, the following three (3) courses: |
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1) N 44 deg. 14' 37" E 2807.00 ft.; |
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2) N 45 deg. 27' 33" W 240.49 ft.; |
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3) N 43 deg. 28' 18" E 1300.84 ft. to a point for the most |
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Northerly corner of this tract, and from which a capped iron rod |
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found (marked "Byrn" for an angle corner of said LaSalle Holdings |
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(765.035 acre) tract bears N 43 deg. 28' 18" E 700.00 ft.; |
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THENCE crossing the interior of said LaSalle Holdings (765.035 |
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acre) tract with the Northeast line of this tract, S 45 deg. 39' 03" |
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E 3568.62 ft. to a point in the Northwest line of Hays County Road |
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No. 158 and in the Southeast line of said LaSalle Holdings (765.035 |
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acre) tract and being the most Easterly corner of this tract, and |
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from which a 1/2" iron rod found in the Northwest line of Hays |
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County Road No. 158 and in the Southeast line of said LaSalle |
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Holdings (765.035 acre) tract bears N 43 deg. 23' 01" E 1294.66 ft.; |
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THENCE with the Northwest line of Hays County Road No. 158 and with |
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the Southeast line of said LaSalle Holdings (765.035 acre) tract, |
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the following two (2) courses; |
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1) S 43 deg. 23' 01" W 302.20 ft. to a 1/2" iron rod found; |
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2) S 43 deg. 23' 51" W 1010.30 ft. to a 1/2" iron rod found for |
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the most Southerly corner of said LaSalle Holdings (765.035 acre) |
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tract and for the most Easterly corner of that certain (171.236 |
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acre) tract of land as conveyed to LaSalle Holdings, Ltd. By General |
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Warranty Deed recorded in Volume 3030 Page 657 of the Official |
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Public Records of Hays County, Texas; |
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THENCE with the Northwest line of Hays County Road No. 158 and with |
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the Southeast line of said LaSalle Holdings (171.236 acre) tract, |
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the following four (4) courses; |
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1) S 43 deg. 29' 43" W 1818.92 ft. to a capped iron rod found |
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(marked "4069"); |
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2) S 44 deg. 22' 05" W 453.62 ft. to a capped iron rod found |
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(marked "4069); |
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3) S 43 deg. 10' 19" W 425.56 ft. to a 1/2" iron rod found; |
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4) S 44 deg. 50' 25" W 57.00 ft. to a point for the West corner |
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of this tract and from which a capped iron rod found (marked "4069), |
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bears S 44 deg. 50' 25" W 65.22 ft.; |
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THENCE leaving the Northwest line of Hays County Road No. 158 and |
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crossing the interiors of said LaSalle Holdings (171.236 acre) |
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tract and LaSalle Holdings (765.035 acre) tract with the Northwest |
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line of this tract, N 46 deg. 21' 22" W 3360.37 ft. to the PLACE OF |
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BEGINNING, containing 320.71 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, |
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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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8474, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8474.106 to read as follows: |
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Sec. 8474.106. 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 Subsection (c), |
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Section 17, 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. |