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A BILL TO BE ENTITLED
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relating to the creation of the Cotton Center Municipal Utility |
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District No. 1; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and 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 8492 to read as follows: |
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CHAPTER 8492. COTTON CENTER MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8492.001. 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 Cotton Center Municipal |
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Utility District No. 1. |
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Sec. 8492.002. 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. 8492.003. 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. 8492.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8492.003 |
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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. 8492.005. 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: |
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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. 8492.006. 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. 8492.051. 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 8492.052, directors serve |
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staggered four-year terms. |
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Sec. 8492.052. 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 8492.003; 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 8492.003 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 8492.003; 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. 8492.101. 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. 8492.102. 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. 8492.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8492.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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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, zoning and |
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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. 8492.105. 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. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS |
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Sec. 8492.151. DIVISION OF DISTRICT; PREREQUISITES. The |
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district may be divided into two or more new districts only if the |
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district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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Sec. 8492.152. LAW APPLICABLE TO NEW DISTRICT. This |
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chapter applies to any new district created by division of the |
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district, and a new district has all the powers and duties of the |
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district. |
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Sec. 8492.153. LIMITATION ON AREA OF NEW DISTRICT. A new |
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district created by the division of the district may not, at the |
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time the new district is created, contain any land outside the area |
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described by Section 2 of the Act enacting this chapter. |
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Sec. 8492.154. DIVISION PROCEDURES. (a) The board, on its |
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own motion or on receipt of a petition signed by 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 adopt an order dividing the district. |
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(b) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8492.003 to confirm the district's creation. |
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(c) An order dividing the district must: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the new districts. |
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(d) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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Sec. 8492.155. CONFIRMATION ELECTION FOR NEW DISTRICT. (a) |
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A new district created by the division of the district shall hold a |
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confirmation and directors' election as required by Section |
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8492.003. |
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(b) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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Sec. 8492.156. TAX OR BOND ELECTION. Before a new district |
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created by the division of the district may impose a maintenance tax |
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or issue bonds payable wholly or partly from ad valorem taxes, the |
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new district must hold an election as required by this chapter to |
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obtain voter approval. |
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Sec. 8492.157. MUNICIPAL CONSENT. Municipal consent to the |
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creation of the district and to the inclusion of land in the |
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district granted under Section 8492.004 acts as municipal consent |
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to the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
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Sec. 8492.201. 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 8492.203. |
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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. 8492.202. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8492.201, 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. 8492.203. 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 F. BONDS AND OTHER OBLIGATIONS |
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Sec. 8492.251. 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. 8492.252. 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. 8492.253. 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 Cotton Center Municipal Utility District No. |
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1 initially includes all the territory contained in the following |
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area: |
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DESCRIPTION |
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OF A 2357.9 ACRE TRACT OF LAND OUT OF THE WILLIAM PETTUS LEAGUE, |
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ABSTRACT NO. 21, THE THOMAS MAXWELL LEAGUE, ABSTRACT NO. 188, AND |
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THE THOMAS YATES LEAGUE, ABSTRACT NO. 313, SITUATED IN CALDWELL |
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COUNTY, TEXAS, BEING ALL OF THOSE CERTAIN TRACTS OF LAND CONVEYED TO |
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WALTON TEXAS, LP. BY THE FOLLOWING DEEDS OF RECORD IN THE OFFICIAL |
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PUBLIC RECORDS OF CALDWELL COUNTY, TEXAS: |
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A) 91.99 ACRES (PARCEL 1) AND 4.56 ACRES (PARCEL 2) OF |
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RECORD IN VOLUME 643, PAGE 69; |
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B) 87.92 ACRES OF RECORD IN DOCUMENT NO. 113576; |
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C) 99.03 ACRES OF RECORD IN DOCUMENT NO. 122695; |
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D) 358.07 ACRES PORTION OF 573.65 ACRES (TRACT 1) OF RECORD |
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IN VOLUME 524, PAGE 599; |
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E) 224.83 ACRES OF RECORD IN VOLUME 556, PAGE 729, |
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F) 339.31 ACRES OF RECORD IN VOLUME 556, PAGE 246; |
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G) 120.75 ACRES OF RECORD IN DOCUMENT NO. 123755; |
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H) 69.19 ACRES OF RECORD IN DOCUMENT NO. 132453; |
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I) 47.271 ACRES, 49.330 ACRES, AND 49.325 ACRES OF RECORD IN |
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DOCUMENT NO. 126556; |
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J) 70.540 ACRES OF RECORD IN DOCUMENT NO. 131493; |
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K) 55.669 ACRES OF RECORD IN DOCUMENT NO. 131492; |
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L) 239.035 ACRES OF RECORD IN DOCUMENT NO. 125890; |
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M) 59.828 ACRES OF RECORD IN DOCUMENT NO. 126555; |
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N) 252.85 ACRES OF RECORD IN DOCUMENT NO. 124324; |
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O) 133.84 ACRES OF RECORD IN DOCUMENT NO. 132453; |
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SAID 2357.9 ACRES OF LAND ALSO INCLUDES ALL THE AREA WITHIN THE |
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EXISTING RIGHTS-OF-WAY OF CALDWELL COUNTY ROAD NO. 238 (VALLEY WAY |
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DRIVE) AND FARM-TO-MARKET ROAD 1984 AS USED ON-THE-GROUND WHICH ARE |
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CONTAINED WITHIN THE FOLLOWING METES AND BOUNDS DESCRIPTION; SAVE |
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AND EXCEPT THEREFROM THAT CERTAIN 1.790 ACRE TRACT OF LAND CONVEYED |
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TO BARBARA KINKADE BY DEED OF RECORD IN VOLUME 206, PAGE 238 AND |
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THAT CERTAIN 15.354 ACRE REMAINDER OF A 129 ACRE (FIRST TRACT) AND |
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120 ACRE (SECOND TRACT) OF LAND CONVEYED TO ROBERT W. SHANNON, KAREN |
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S. MORELAND, DONNA S. ANDREW AND PAUL B. SHANNON BY DEEDS OF RECORD |
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IN VOLUME 255, PAGE 169, VOLUME 256, PAGE 261, VOLUME 335, PAGE 768, |
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AND VOLUME 371, PAGE 837, ALL OF SAID OFFICIAL PUBLIC RECORDS; SAID |
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2357.9 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED IN TWO (2) |
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PARTS BY METES AND BOUNDS AS FOLLOWS: |
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PART 1 - 1206.6 ACRES |
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BEGINNING, at a 5/8 in iron rod at the intersection of the southerly |
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right-of-way line of the Union Pacific Railroad and the |
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southwesterly right-of-way line of Valley Way Drive (R.O.W. |
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varies), being the northeasterly corner of said 91.99 acre tract, |
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for the northeasterly corner hereof; |
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THENCE, S41°17'23"E, leaving the southerly right-of-way line of the |
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Union Pacific Railroad, along the southwesterly right-of-way line |
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of Valley Way Drive, being the northeasterly line of said 91.99 acre |
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tract, for the northeasterly line hereof, a distance of 2788.12 |
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feet to a 5/8 inch iron rod in the northwesterly line of a 130.59 |
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acre tract of land, conveyed to David Matthew Best by Deed of record |
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in Volume 269, Page 127 of said Official Public Records, being the |
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easterly corner of said 91.99 acre tract and hereof; |
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THENCE, S48°21'22"W, leaving the southwesterly right-of-way line of |
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Valley Way Drive, along the northwesterly line of said 130.59 acre |
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tract, being the southeasterly line of said 91.99 acre tract, for a |
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portion of the southeasterly line hereof, a distance of 1361.88 |
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feet to the southerly corner of said 91.99 acre tract and the |
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northerly corner of said 4.56 acre tract, for an angle point hereof; |
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THENCE, leaving the southerly corner of said 91.99 acre tract, |
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along the northeasterly and southeasterly lines of said 4.56 acre |
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tract, for a portion of the southeasterly line hereof, the |
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following two (2) courses and distances: |
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1) S41°07'40"E, a distance of 322.45 feet to a 5/8 inch iron |
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rod for the easterly corner of said 4.56 acre tract, and an angle |
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point hereof; |
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2) S48°22'55"W, a distance of 616.59 feet to the southerly |
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corner of said 4.56 acre tract, being a northwesterly corner of said |
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130.59 acre tract, in the northeasterly line of an eight (8) yard by |
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one-hundred ten (110) yard Strip of land reserved to O.M. Hoffman by |
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Deed of record in Volume 229, Page 244 of said Official Public |
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Records, said Strip also being described as part of Tract II, in a |
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Deed to Hoffman Family Trust 1994, of record in Volume 127, Page 436 |
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of said Official Public Records, for an angle point hereof; |
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THENCE, along a portion of the northeasterly, northwesterly, and |
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southwesterly lines of said Strip, being a portion of the |
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southwesterly line of said 4.56 acre tract, and a portion of the |
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southeasterly line of said 87.92 acre tract, for a portion of the |
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southeasterly line hereof, the following three (3) courses and |
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distances: |
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1) N41°10'09"W, a distance of 11.86 feet to the northerly |
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corner of said Strip, for an angle point hereof; |
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2) S48°19'26"W, a distance of 23.99 feet to the westerly |
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corner of said Strip, for an angle point hereof; |
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3) S41°19'42"E, a distance of 329.93 feet to an iron rod with |
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"UDG" cap in the northwesterly line of a 111.482 acre tract of land |
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conveyed to Henry E. McCulloch, Jr. and wife, Barbara J. McCulloch |
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by Deed of record in Volume 504, Page 634 of said Official Public |
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Records, being the southerly corner of said Strip and the most |
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southeasterly corner of said 87.92 acre tract, for an angle point |
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hereof; |
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THENCE, S48°20'39"W, leaving the southwesterly line of said Strip, |
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along a portion of the southeasterly line of said 87.92 acre tract, |
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and the southeasterly line of said 99.03 acre tract, being a portion |
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of the northwesterly line of said 111.482 acre tract and a portion |
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of the northwesterly line of a 9.41 acre tract of land conveyed to |
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Henry E. McCulloch, Jr. and wife, Barbara J. McCulloch by Deed of |
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record in Volume 511, Page 13 of said Official Public Records, for a |
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portion of the southeasterly line hereof, a distance of 3046.71 |
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feet to the southerly corner of said 99.03 acre tract being in the |
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northeasterly line of said 573.65 acre tract, and the northwesterly |
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corner of said 9.41 acre tract, for an angle point hereof; |
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THENCE, leaving the southeasterly line of said 99.03 acre tract, |
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along a portion of the northwesterly and southwesterly lines of |
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said 9.41 acre tract, and a portion of the northeasterly line of |
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said 573.65 acre tract, for a portion of the southeasterly line |
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hereof, the following three (3) courses and distances: |
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1) S41°34'50"E, a distance of 19.14 feet to an angle point |
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hereof; |
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2) S48°56'20"W, a distance of 161.89 feet to an iron rod with |
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"carter & burgess" cap for an angle point hereof; |
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3) S41°36'05"E, a distance of 1522.35 feet to the southerly |
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corner of said 9.41 acre tract in the northwesterly right-of-way |
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line of State Highway 142 (R.O.W. varies), for the easterly corner |
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of said 573.65 acre tract, and an angle point hereof; |
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THENCE, leaving the southwesterly line of said 9.41 acre tract, |
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along the northwesterly right-of-way line of State Highway 142, |
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along a portion of the southeasterly line of said 573.65 acre tract, |
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for a portion of the southeasterly line hereof, the following six |
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(6) courses and distances: |
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1) S48°50'36"W, a distance of 1342.09 feet to the point of |
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curvature of a non-tangent curve to the left; |
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2) Along said curve, having a radius of 11535.16 feet, a |
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central angle of 02°03'00", an arc length of 412.72 feet and a chord |
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which bears, S47°48'06'W, a distance of 412.70 feet to the end of |
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said curve; |
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3) S46°50'18"W, a distance of 148.55 feet to the point of |
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curvature of a non-tangent curve to the right; |
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4) Along said curve, having a radius of 11393.65 feet, a |
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central angle of 02°03'02", an arc length of 407.78 feet and a chord |
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which bears, S47°48'07'W, a distance of 407.76 feet to the end of |
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said curve; |
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5) S48°51'00"W, a distance of 1315.11 feet to the point of |
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curvature of a non-tangent curve to the right; |
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6) Along said curve, having a radius of 11,389.16 feet, a |
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central angle of 00°37'29", an arc length of 124.18 feet and a chord |
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which bears, S49°09'26'W, a distance of 124.18 feet to the point of |
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curvature of a non-tangent curve to the left, for the most southerly |
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corner hereof; |
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THENCE, leaving said northwesterly right-of-way line of State |
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Highway 142, over and across said 573.65 acre tract, for a portion |
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of the southwesterly line hereof, along the approximate Martindale |
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City Limit Line, the following four (4) courses and distances: |
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1) Along said curve, having a radius of 2746.11 feet, a |
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central angle of 26°52'25", an arc length of 1288.01 feet and a chord |
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which bears, N53°46'19'W, a distance of 1276.24 feet to the end of |
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said curve; |
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2) N69°22'30"W, a distance of 631.48 feet to an angle point |
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hereof; |
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3) S69°38'20"W, a distance of 374.12 feet to an angle point |
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hereof; |
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4) N65°05'35"W, a distance of 871.31 feet to a point in the |
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southeasterly line of a 137 acre tract of land conveyed to John Mac |
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Mauldin by Deed of record in Volume 359, Page 673 of said Official |
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Public Records, and the northwesterly line of said 573.65 acre |
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tract, for an angle point hereof; |
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THENCE, along a portion of the southeasterly line and the |
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northeasterly line of said 137 acre tract, and the northwesterly |
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line of said 573.65 acre tract, for a portion of the southwesterly |
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line hereof, the following two (2) courses and distances: |
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1) N49°05'19"E, a distance of 1820.68 feet to an iron pipe |
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for the easterly corner of said 137 acre tract, the westerly corner |
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of said 573.65 acre tract, and an angle point hereof; |
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2) N40°56'06"W, a distance of 1177.53 feet to a point in the |
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southeasterly line of a 167.96 acre tract of land conveyed to |
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Conrads Herbert Inc. by Deed of record in Volume 346, Page 76 of |
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said Official Public Records, being the northerly corner of said |
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137 acre tract, the northwesterly corner of said 573.65 acre tract, |
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and an angle point hereof; |
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THENCE, N48°54'41"E, leaving the northeasterly line of said 137 acre |
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tract, along a portion of the common southeasterly line of said |
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167.96 acre tract and a portion of the northwesterly line of said |
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573.65 acre tract, for a portion of the southwesterly line hereof, a |
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distance of 42.46 feet to the most easterly corner of said 167.96 |
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acre tract, and the southerly corner of said 224.83 acre tract, for |
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an angle point hereof; |
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THENCE, leaving the northwesterly line of said 573.65 acre tract, |
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along the common line of said 167.96 acre tract and said 224.83 acre |
|
tract, for a portion of the southwesterly line hereof, the |
|
following eight (8) courses and distances: |
|
1) N12°19'50"W, a distance of 294.36 feet to an angle point; |
|
2) N00°34'24"E, a distance of 227.61 feet to an angle point; |
|
3) N36°30'21"W, a distance of 285.03 feet to an angle point; |
|
4) N56°28'57"W, a distance of 234.92 feet to an angle point; |
|
5) N50°20'48"W, a distance of 99.62 feet to an angle point; |
|
6) N27°15'48"W, a distance of 102.46 feet to an angle point; |
|
7) N22°50'14"W, a distance of 255.49 feet to the westerly |
|
corner of said 224.83 acre tract, for an angle point hereof; |
|
8) N43°45'31"E, a distance of 190.62 feet to the southerly |
|
corner of said 339.31 acre tract, for an angle point hereof; |
|
THENCE, leaving the northwesterly line of said 224.83 acre tract, |
|
along the common line of said 167.96 acre tract and said 339.31 acre |
|
tract, for a portion of the southwesterly line hereof, the |
|
following two (2) courses and distances: |
|
1) N39°23'33"W, a distance of 241.44 feet to an angle point; |
|
2) N26°29'00"W, a distance of 668.42 feet to the easterly |
|
corner of a 213.451 acre tract of land conveyed to Curby Ohnheiser |
|
by Deed of record in Volume 178, Page 184 of said Official Public |
|
Records, for an angle point hereof; |
|
THENCE, along a portion of the common northeasterly line of said |
|
213.451 acre tract and the southwesterly line of said 339.31 acre |
|
tract, for a portion of the southwesterly line hereof, the |
|
following three (3) courses and distances: |
|
1) N16°07'11"W, a distance of 819.56 feet to an angle point; |
|
2) N13°49'18"W, a distance of 655.20 feet to an angle point; |
|
3) N09°25'58"W, a distance of 163.84 feet to the southerly |
|
corner of a 49.82 acre tract of land conveyed to David J. Huffman by |
|
Deed of record in Volume 527, Page 292 of said Official Public |
|
Records, for the most westerly corner of said 339.31 acre tract and |
|
hereof; |
|
THENCE, along the southeasterly and northeasterly lines of said |
|
49.82 acre tract and the northwesterly line of said 339.31 acre |
|
tract, for the northwesterly line hereof, the following four (4) |
|
courses and distances: |
|
1) N48°42'42"E, a distance of 1780.59 feet to a pk nail in a |
|
fence post; |
|
2) N41°04'53"W, a distance of 664.10 feet to a pk nail in a |
|
fence post; |
|
3) N48°44'06"E, a distance of 1261.08 feet to the most |
|
easterly corner of said 49.82 acre tract; |
|
4) N42°14'20"W, a distance of 275.49 feet to the |
|
northeasterly corner of said 49.82 acre tract and northwesterly |
|
corner of said 339.31 acre tract, in the southerly right-of-way |
|
line of the Union Pacific Railroad, for the northwesterly corner |
|
hereof; |
|
THENCE, leaving the northeasterly line of said 49.82 acre tract, |
|
along a portion of the southerly right-of-way line of the Union |
|
Pacific Railroad, and a portion of the northerly line and |
|
northeasterly line of said 339.31 acre tract, for a portion of the |
|
northerly line hereof, the following two (2) courses and distances: |
|
1) S87°55'54"E, a distance of 3775.29 feet to an iron rod for |
|
the northeasterly corner of said 339.31 acre tract, and an angle |
|
point hereof; |
|
2) S41°18'02"E, a distance of 62.32 feet to an iron rod for |
|
the northwesterly corner of said 91.99 acre tract, and an angle |
|
point hereof; |
|
THENCE, leaving the northeasterly line of said 339.31 acre tract, |
|
along a portion of the southerly right-of-way line of the Union |
|
Pacific Railroad, the southerly right-of-way line of said Valley |
|
Way Drive, and the northerly line of said 91.99 acre tract, for a |
|
portion of the northerly line hereof, the following three (3) |
|
courses and distances: |
|
1) S88°18'23"E, a distance of 870.54 feet to an iron rod for |
|
an angle point hereof; |
|
2) N82°39'41"E, a distance of 454.88 feet to an angle point |
|
hereof; |
|
3) N81°46'58"E, a distance of 126.52 feet to the POINT OF |
|
BEGINNING, and containing an area of 1206.6 acres of land, more or |
|
less, within these metes and bounds. |
|
PART 2 - 1151.3 ACRES |
|
BEGINNING, at an iron rod with "UDG" cap found in the southwesterly |
|
right-of-way line of Valley Way Drive (R.O.W. varies) for the |
|
northerly corner of a 1.82 acre tract of land conveyed to Jethery |
|
Bohannon Et. Ux. By deed of record in Volume 240, Page 435 of said |
|
Official Public Records, the southeasterly corner of said 133.84 |
|
acre tract, and an angle point hereof; |
|
THENCE, S49°38'37"W, leaving the southwesterly right-of-way line of |
|
Valley Way Drive, along the common line of said 1.82 acre tract and |
|
said 133.84 acre tract, a distance of 409.77 feet to a point in the |
|
northerly right-of-way line of the Union Pacific Railroad (100' |
|
R.O.W.); |
|
THENCE, N87°55'45"W, along the northerly right-of-way of said |
|
Railroad, a distance of 1952.56 feet to a point for the |
|
southwesterly corner of said 133.84 acre tract and the |
|
southeasterly corner of a 22.1 acre tract of land conveyed to Abel |
|
Garza Et. Ux. By deed of record in Volume 96, Page 683 of said |
|
Official Public Records; |
|
THENCE, leaving the northerly right-of-way of said Railroad, along |
|
the common line of said 133.84 acre tract and said 22.1 acre tract, |
|
the following two (2) courses and distances: |
|
1) N01°23'47"E, a distance of 217.61 feet to and iron rod for |
|
an angle point hereof; |
|
2) N41°22'34"W, a distance of 2440.88 feet to a fence corner |
|
post in the southeasterly right-of-way line of F.M. 1984 (80' |
|
R.O.W.) for the northerly corner of said 22.1 acre tract, the |
|
easterly corner of said 133.84 acre tract, and an angle point |
|
hereof; |
|
THENCE, N41°36'44"W, leaving the northerly corner of said 22.1 acre |
|
tract, over and across F.M. 1984, a distance of 80.09 feet to a |
|
point in the northwesterly right-of-way line of F.M. 1984, and the |
|
southeasterly line of said 252.85 acre tract, for an angle point |
|
hereof; |
|
THENCE, S48°23'16"W, a distance of 1345.17 feet to an iron rod with |
|
"LENZ" cap in the southeasterly line of said 252.85 acre tract and |
|
the easterly corner of a 40.0 acre tract of land conveyed to Myrna |
|
Lopez by deed of record in Document No. 122023 of said Official |
|
Public Records, for an angle point hereof; |
|
THENCE, leaving the northerly right-of-way line of F.M. 1984, along |
|
the common line of said 252.85 acre tract and said 40.0 acre tract, |
|
the following sixteen (16) courses and distances: |
|
1) N34°21'01"W, a distance of 110.36 feet to an iron rod with |
|
"LENZ" cap; |
|
2) N19°39'31"W, a distance of 293.22 feet to an iron rod with |
|
"LENZ" cap; |
|
3) N03°15'11"W, a distance of 82.66 feet to an angle point; |
|
4) N36°52'22"E, a distance of 33.25 feet to an angle point; |
|
5) N03°46'05"W, a distance of 515.85 feet to an angle point; |
|
6) N09°53'30"W, a distance of 29.53 feet to an angle point; |
|
7) N42°29'18"E, a distance of 23.22 feet to an angle point; |
|
8) N09°28'01"E, a distance of 66.25 feet to an angle point; |
|
9) N07°00'01"W, a distance of 164.91 feet to an angle point; |
|
10) N13°52'24"W, a distance of 144.68 feet to an angle point; |
|
11) N21°57'50"W, a distance of 90.39 feet to an angle point; |
|
12) N10°37'25"W, a distance of 153.12 feet to an angle point; |
|
13) N23°21'47"W, a distance of 161.89 feet to an iron rod |
|
with "LENZ" cap; |
|
14) N41°34'57"W, a distance of 172.18 feet to an iron rod |
|
with "LENZ" cap for the northerly corner of said 40.0 acre tract; |
|
15) S48°21'01"W, a distance of 1431.20 feet to an iron rod |
|
with "LENZ" cap for the westerly corner of said 40.0 acre tract; |
|
16) S41°38'18"E, a distance of 1735.64 feet to an iron rod |
|
with "LENZ" cap for the southerly corner of said 40.0 acre tract, in |
|
the northwesterly right-of-way line of F.M. 1984 for an angle point |
|
of said 252.85 acre tract and hereof; |
|
THENCE, S48°21'42"W, leaving the southerly corner of said 40.0 acre |
|
tract, along the northwesterly right-of-way line of F.M. 1984, a |
|
distance of 592.58 feet to the southerly corner of said 252.85 acre |
|
tract, in the northeasterly line of Fehlis Revised Addition to |
|
Reedville, of record in Volume 27, Page 368, of the Deed Records of |
|
said County, for an angle point; |
|
THENCE, N41°22'43"W, leaving the northwesterly right-of-way line of |
|
F.M. 1984, along the southwesterly line of said 252.85 acre tract, a |
|
portion of the northeasterly line of said Fehlis Revised Addition, |
|
and a portion of the northeasterly line of a 56.52 acre tract of |
|
land conveyed to Southern Pecan Plantation Mobile Home Park, Inc., |
|
by deed of record in Volume 79, Page 369, of said Official Public |
|
Records, a distance of 3152.26 feet to an aluminum disk in concrete |
|
for the northerly corner of said 56.52 acre tract, the westerly |
|
corner of said 252.85 acre tract and hereof; |
|
THENCE, N48°46'59"E, along the northwesterly line of said 252.85 |
|
acre tract, a distance of 4120.83 feet to point in the southwesterly |
|
right-of-way line of William Pettus Road (R.O.W. varies) for the |
|
northerly corner of said 252.85 acre tract; |
|
THENCE, S40°53'44"E, along the southwesterly right-of-way line of |
|
William Pettus Road and northeasterly line of said 252.85 acre |
|
tract, a distance of 2659.70 feet to the point of curvature of a |
|
non-tangent curve to the left at the intersection of the |
|
southwesterly right-of-way line of William Pettus Road and the |
|
northwesterly right-of-way line of F.M. 1984; |
|
THENCE, leaving the southwesterly right-of-way line of William |
|
Pettus Road, along the curving northwesterly right-of-way line of |
|
F.M. 1984 and southeasterly line of said 252.85 acre tract, the |
|
following three (3) courses and distances: |
|
1) Along said curve to the left having a radius of 756.20 |
|
feet, a central angle of 22°14'32", an arc length of 293.56 feet, and |
|
a chord which bears, S09°41'28"W, a distance of 291.72 feet to the |
|
end of said curve; |
|
2) S01°25'48"E, a distance of 53.10 feet to the point of |
|
curvature of a non-tangent curve to the right; |
|
3) Along said non-tangent curve to the right having a radius |
|
of 676.20 feet, a central angle of 49°28'14", an arc length of 583.85 |
|
feet, and a chord which bears, S23°18'19"W, a distance of 565.88 |
|
feet to a TxDOT concrete monument at the end of said curve; |
|
THENCE, S41°36'44"E, leaving the southeasterly line of said 252.85 |
|
acre tract and northwesterly right-of-way line of F.M. 1984, over |
|
and across F.M. 1984, a distance of 79.92 feet to an angle point in |
|
the southeasterly right-of-way line of F.M. 1984, and the |
|
northwesterly line of said 133.84 acre tract; |
|
THENCE, N48°22'36"E, along the northwesterly line of said 133.84 |
|
acre tract, being a portion of the southeasterly right-of-way line |
|
of F.M. 1984 and a portion of the southeasterly right-of-way line of |
|
Valley Way Drive (50' R.O.W.), a distance of 765.39 feet to |
|
northerly corner of said 133.84 acre tract in the southwesterly |
|
right-of-way line of Valley Way Drive (R.O.W. varies); |
|
THENCE, N48°53'36"E, leaving the northerly corner of said 133.84 |
|
acre tract, over and across said Valley Way Drive, a distance of |
|
51.66 feet to an angle point in the northeasterly right-of-way line |
|
of Valley Way Drive and the southwesterly line of said 69.19 acre |
|
tract; |
|
THENCE, N41°06'24"W, along the northeasterly right-of-way line of |
|
Valley Way Drive, a distance of 477.14 feet to an angle point at the |
|
intersection of the northeasterly right-of-way line of Valley Way |
|
Drive and the southeasterly right-of-way line of F.M. 1984; |
|
THENCE, leaving the northeasterly right-of-way line of Valley Way |
|
Drive, along a portion of southeasterly right-of-way line of F.M. |
|
1984 and northwesterly line of said 69.19 acre tract, the following |
|
two (2) courses and distances: |
|
1) Along a non-tangent curve to the right having a radius of |
|
676.09 feet, a central angle of 26°42'34", an arc length of 315.17 |
|
feet, and a chord which bears, N35°06'01"E, a distance of 312.33 |
|
feet to the end of said curve; |
|
2) N48°30'35"E, a distance of 2278.26 feet to an angle point |
|
hereof; |
|
THENCE, N41°29'25"W, leaving the northwesterly line of said 69.19 |
|
acre tract, over and across F.M. 1984, a distance of 80.30 feet to |
|
the southerly corner of said 120.75 acre tract in the northwesterly |
|
right-of-way line of F.M. 1984; |
|
THENCE, leaving the northwesterly right-of-way line of F.M. 1984, |
|
along the irregular southwesterly line of said 120.75 acre tract, |
|
the following seven (7) courses and distances: |
|
1) N41°29'56"W, a distance of 1298.87 feet to an angle point |
|
of said 120.75 acre tract and hereof; |
|
2) S48°31'19"W, a distance of 1130.21 feet to an iron rod |
|
found for angle point of said 120.75 acre tract and the northerly |
|
corner of a 13.02 acre tract of land conveyed to Kristin Kocurek by |
|
deed of record in Volume 515, Page 161 of said Official Public |
|
Records; |
|
3) N41°26'45"W, a distance of 376.48 feet to an iron rod |
|
found for angle point of said 120.75 acre tract and hereof; |
|
4) N41°04'25"W, a distance of 250.72 feet to an iron rod |
|
found for angle point of said 120.75 acre tract and hereof; |
|
5) N41°11'04"W, a distance of 250.71 feet to an iron rod |
|
found for angle point of said 120.75 acre tract and hereof; |
|
6) N41°09'44"W, a distance of 386.22 feet to an iron rod |
|
found for angle point of said 120.75 acre tract and hereof; |
|
7) N40°53'52"W, a distance of 222.60 feet to a fence post |
|
found in the southeasterly line of a 10 acre tract of land conveyed |
|
to Tanya Moran by deed of record in Volume 287, Page 564 of said |
|
Official Public Records, for the northerly corner of a 1.001 acre |
|
tract of land conveyed to Vincent J. Bustos by deed of record in |
|
Volume 574, Page 1 of said Official Public Records, and the westerly |
|
corner of said 120.75 acre tract; |
|
THENCE, N48°47'31"E, along the northwesterly line of said 120.75 |
|
acre tract, a distance of 2437.59 feet to an iron rod for the |
|
easterly corner of a 90.014 acre tract of land conveyed to Kenneth |
|
R. Kent by deed of record in Volume 428, Page 79 of the Deed Records |
|
of said County, the northerly corner of said 120.75 acre tract, and |
|
in the southwesterly line of Lot 9, Block B, Koeglar Hills, a |
|
subdivision of record in Cabinet A, Slide 50 of the Plat Records of |
|
said County; |
|
THENCE, S42°00'07"E, along the northeasterly line of said 120.75 |
|
acre tract and the southwesterly line of said Koeglar Hills |
|
Subdivision, a distance of 895.37 feet to an iron rod for an angle |
|
point of said 120.75 acre tract and hereof; |
|
THENCE, S41°15'14"E, continuing along the northeasterly line of |
|
said 120.75 acre tract and the southwesterly line of said Koeglar |
|
Hills Subdivision, a distance of 1663.51 feet to the easterly |
|
corner of said 120.75 acre tract, in the southwesterly line of Lot |
|
3C of the Replat of Lots 3 and 4, Block B Koeglar Hills Subdivision, |
|
of record in Cabinet B, Slide 19 of the Plat Records of said County |
|
and the northerly corner of an old cemetery (no recording |
|
information found); |
|
THENCE, leaving said Lot 3C, along the common line of said 120.75 |
|
acre tract and said old cemetery, the following four (4) courses and |
|
distances: |
|
1) S48°44'49"W, a distance of 59.99 feet to an angle point; |
|
2) S41°15'11"E, a distance of 29.00 feet to an angle point; |
|
3) S48°44'49"W, a distance of 355.50 feet to an angle point; |
|
4) S41°15'11"E, a distance of 189.19 feet to the southerly |
|
corner of said old cemetery for an angle point of said 120.75 acre |
|
tract and hereof in the northwesterly right-of-way line of F.M. |
|
1984; |
|
THENCE, S48°36'20"W, along the northwesterly right-of-way line of |
|
F.M. 1984 and southeasterly line of said 120.75 acre tract, a |
|
distance of 592.28 feet to an angle point; |
|
THENCE, S41°23'40"E, leaving the southeasterly line of said 120.75 |
|
acre tract, over and across F.M. 1984, a distance of 79.79 feet to |
|
an iron rod for the northerly corner of said 69.19 acre tract and |
|
the westerly corner of a 3.67 acre tract of land conveyed to Arthur |
|
D. Ehrlich and Mary L Ehrlich by deed of record in Volume 179, Page |
|
507 of said Official Public Records; |
|
THENCE, leaving the southeasterly right-of-way line of F.M. 1984, |
|
along the common line of said 69.19 acre tract and said 3.67 acre |
|
tract, the following two (2) courses and distances: |
|
1) S41°22'11"E, a distance of 399.75 feet to steel fence |
|
corner post; |
|
2) N48°31'55"E, a distance of 397.74 feet to an iron rod for |
|
the easterly corner of said 3.67 acre tract; |
|
THENCE, S41°27'50"E, along the northeasterly line of said 69.19 acre |
|
tract, a distance of 568.68 feet to a steel fence post in the |
|
southwesterly line of Lot 6, Block 1 of Castle Hill Subdivision |
|
Phase I, a subdivision of record in Book A, Page 181 of the Plat |
|
Records of said County; |
|
THENCE, leaving the southeasterly line of said Castle Hill |
|
Subdivision, along the southeasterly line of said 69.19 acre tract, |
|
the following eight (8) courses and distances: |
|
1) S48°41'00"W, a distance of 786.26 feet to an angle point; |
|
2) S47°55'14"W, a distance of 85.90 feet to an angle point; |
|
3) S49°18'20"W, a distance of 589.25 feet to an angle point; |
|
4) S48°01'10"W, a distance of 232.56 feet to a fence post; |
|
5) S47°58'05"W, a distance of 345.92 feet to an angle point; |
|
6) S47°46'45"W, a distance of 446.89 feet to an angle point; |
|
7) S48°19'28"W, a distance of 438.49 feet to an angle point; |
|
8) S48°07'05"W, a distance of 367.04 feet to fence corner |
|
post for the southerly corner of said 69.19 acre tract in the |
|
northeasterly right-of-way line of Valley Way Drive; |
|
THENCE, S48°38'56"W, leaving the southerly corner of said 69.19 acre |
|
tract, over and across Valley View Drive, a distance of 49.85 feet |
|
to a point in the northeasterly line of said 133.84 acre tract and |
|
the southwesterly right-of-way line of Valley Way Drive; |
|
THENCE, along the northeasterly line of said 133.84 acre tract and |
|
the southwesterly right-of-way line of Valley Way Drive, the |
|
following two (2) courses and distances; |
|
1) S41°21'04"E, a distance of 1129.59 feet to a fence post; |
|
2) S41°40'38"E, a distance of 1273.02 feet to an angle point; |
|
THENCE, N48°19'22"E, leaving the northeasterly line of said 133.84 |
|
acre tract, over and across Valley View Drive, a distance of 61.02 |
|
feet to the easterly corner of said 239.035 acre tract in the |
|
northeasterly right-of-way line of Valley View Drive; |
|
THENCE, along a portion of the northwesterly line of said 239.035 |
|
acre tract, the following three (3) courses and distances: |
|
1) N48°15'16"E, a distance of 2761.12 feet to an angle point; |
|
2) S41°47'43"E, a distance of 274.43 feet to a fence corner |
|
post; |
|
3) N48°40'03"E, a distance of 976.49 feet to an iron rod for |
|
the southerly corner of said 70.540 acre tract; |
|
THENCE, N40°19'04"W, leaving the northwesterly line of said 239.035 |
|
acre tract, along the southwesterly line of said 70.540 acre tract, |
|
a distance of 904.98 feet to an iron rod with "RL Surveying" cap for |
|
the easterly corner of said 70.540 acre tract, in the southeasterly |
|
line of said 49.325 acre tract; |
|
THENCE, S49°05'23"W, leaving the southwesterly line of said 70.540 |
|
acre tract, along the southeasterly line of said 49.325 acre tract, |
|
a distance of 500.65 feet to an iron rod with "UDG 2433" cap for the |
|
southerly corner of said 49.325 acre tract; |
|
THENCE, along the southwesterly line of said 49.325 acre tract, the |
|
following two (2) courses and distances: |
|
1) N40°38'48"W, a distance of 400.80 feet to an iron rod with |
|
"UDG 2433" cap; |
|
2) N40°43'42"W, a distance of 1287.69 feet to an iron rod for |
|
the southerly corner of Lot 6 of said Castle Hill Subdivision; |
|
THENCE, N48°32'31"E, along the northwesterly lines of said 49.325 |
|
acre tract, said 49.330 acre tract, and said 47.271 acre tract, a |
|
distance of 3425.74 feet to an iron rod for the northwesterly corner |
|
of said 47.271 acre tract; |
|
THENCE, along a portion of the northerly line of said 47.271 acre |
|
tract, the following three (3) courses and distances: |
|
1) S41°01'56"E, a distance of 227.58 feet to an iron rod; |
|
2) S85°53'10"E, a distance of 183.60 feet to an angle point; |
|
3) N43°11'02"E, a distance of 271.56 feet to the |
|
northeasterly corner of said 47.271 acre tract in the southwesterly |
|
right-of-way line of F.M. 1966 (80' R.O.W.); |
|
THENCE, S40°51'42"E, along the southwesterly right-of-way line of |
|
F.M. 1966, a distance of 1367.14 feet to the easterly corner of said |
|
47.271 acre tract and northerly corner of a 1.0 acre tract of land |
|
conveyed to John M. Salazar Et. Ux. By deed of record in Volume 424, |
|
Page 100 of the Deed Records of said County; |
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THENCE, S48°43'20"W, leaving the southwesterly right-of-way line of |
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F.M. 1966, along a portion of the southeasterly line of said 47.271 |
|
acre tract, a distance of 348.84 feet to an iron rod for the |
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northwesterly corner of said 70.540 acre tract and the westerly |
|
corner of a 1.041 acre tract conveyed to Kelly J. Cansler Et. Ux. By |
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deed of record in Volume 64, Page 782 of said Official Public |
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Records; |
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THENCE, along the southerly lines of said 1.041 acre tract and the |
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northerly lines of said 70.540 acre tract, the following two (2) |
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courses and distances: |
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1) S41°01'59"E, a distance of 256.81 feet to an iron rod; |
|
2) N47°37'30"E, a distance of 350.89 feet to an iron rod for |
|
the easterly corner of said 1.041 acre tract and the northeasterly |
|
corner of said 70.540 acre tract in the southwesterly right-of-way |
|
line of F.M. 1966; |
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THENCE, S41°14'17"E, along a portion of the southwesterly |
|
right-of-way line of F.M. 1966, a distance of 742.57 feet to an iron |
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rod for the easterly corner of said 70.540 acre tract and the |
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northerly corner of said 55.669 acre tract; |
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THENCE, S41°23'23"E, continuing along a portion of the |
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southwesterly right-of-way line of F.M. 1966, a distance of 644.74 |
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feet to the easterly corner of said 55.669 acre tract and the |
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northerly corner of the remaining 2.437 acre tract of land conveyed |
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to Barbara Kinkade and Life Estate reserved by Margaret Ann |
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Wackerhagen by deed of record in Volume 507, Page 721 of said |
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Official Public Records; |
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THENCE, leaving the southwesterly right-of-way line of F.M. 1966, |
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along a portion of the irregular easterly line of said 55.669 acre |
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tract and the westerly line of said 2.437 acre tract, the following |
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seven (7) courses and distances: |
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1) S54°55'11"W, a distance of 457.51 feet to an angle point; |
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2) S39°04'07"E, a distance of 26.01 feet to an angle point; |
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3) S21°40'50"E, a distance of 95.81 feet to an angle point; |
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4) S80°14'00"W, a distance of 44.90 feet to an angle point; |
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5) S15°41'02"E, a distance of 84.10 feet to an angle point; |
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6) S27°21'59"E, a distance of 112.74 feet to a 1/2 inch iron |
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rod; |
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7) S28°12'49"E, a distance of 210.26 feet to an 1/2 inch iron |
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rod for the southerly corner of a 3.569 acre tract of land described |
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in a deed to Barbara K. Warrens of record in Volume 232, Page 423 of |
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said Official Public records; |
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THENCE, S48°42'23"W, along the southeasterly line of said 55.669 |
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acre tract, a distance of 1852.73 feet to an iron rod in the |
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northeasterly line of said 239.035 acre tract; |
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THENCE, along a portion of the northeasterly line of said 239.035 |
|
acre tract, the following three (3) courses and distances: |
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1) S41°02'56"E, a distance of 387.22 feet to an iron rod; |
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2) S41°06'40"E, a distance of 312.60 feet to an iron rod; |
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3) S40°42'48"E, a distance of 542.32 feet to a fence corner |
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post for the easterly corner of said 239.035 acre tract and an angle |
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point in the westerly line of said 59.828 acre tract; |
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THENCE, leaving the easterly corner of said 239.035 acre tract, |
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along a portion of the westerly and northerly lines of said 59.828 |
|
acre tract, the following three (3) courses and distances: |
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1) S41°34'25"E, a distance of 151.16 feet to an iron rod; |
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2) N48°34'31"E, a distance of 610.04 feet to an iron rod for |
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the northerly corner of said 59.828 acre tract; |
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3) S41°33'19"E, a distance of 1565.45 feet to the easterly |
|
corner of said 59.828 acre tract, in the curving northerly |
|
right-of-way line of the Union Pacific Railroad; |
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THENCE, along the easterly line of said 59.828 acre tract and the |
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northerly right-of-way line of the Union Pacific Railroad, the |
|
following three (3) courses and distances: |
|
1) Along a non-tangent curve to the left having a radius of |
|
2786.27 feet, a central angle of 17°52'26", an arc length of 869.20 |
|
feet, and a chord which bears, S86°07'28"W, a distance of 865.68 |
|
feet to the end of said curve; |
|
2) Along a non-tangent curve to the left having a radius of |
|
3832.81 feet, a central angle of 06°04'35", an arc length of 406.47 |
|
feet, and a chord which bears, S73°32'28"W, a distance of 406.28 |
|
feet to the end of said curve; |
|
3) S69°58'41"W, a distance of 2776.15 feet to an iron rod for |
|
the southerly corner of said 59.828 acre tract and an angle point in |
|
the easterly line of said 239.035 acre tract; |
|
THENCE, along the easterly line of said 239.035 acre tract and the |
|
northerly right-of-way line of the Union Pacific Railroad, the |
|
following four (4) courses and distances: |
|
1) S69°58'41"W, a distance of 92.94 feet to an angle point; |
|
2) Along a non-tangent curve to the right having a radius of |
|
3336.89 feet, a central angle of 06°13'09", an arc length of 362.21 |
|
feet, and a chord which bears, S72°55'53"W, a distance of 362.03 |
|
feet to the end of said curve; |
|
3) Along a non-tangent curve to the right having a radius of |
|
2825.30 feet, a central angle of 14°00'59", an arc length of 691.16 |
|
feet, and a chord which bears, S83°18'28"W, a distance of 689.44 |
|
feet to the end of said curve; |
|
4) Along a non-tangent curve to the right having a radius of |
|
55687.93 feet, a central angle of 00°48'17", an arc length of 782.17 |
|
feet, and a chord which bears, N88°10'00"W, a distance of 782.15 |
|
feet to the end of said curve at the intersection of the northerly |
|
right-of-way line of the Union Pacific Railroad and the |
|
northeasterly right-of-way line of Valley Way Drive; |
|
THENCE, N41°20'20"W, leaving the northerly right-of-way line of the |
|
Union Pacific Railroad, along the northeasterly right-of-way line |
|
of Valley Way Drive and southerly line of said 239.035 acre tract, a |
|
distance of 429.48 feet to an angle point; |
|
THENCE, S48°39'40"W, leaving southerly line of said 239.035 acre |
|
tract, over and across Valley Way Drive a distance of 51.67 feet to |
|
the POINT OF BEGINNING, containing an area of 1168.438 acres |
|
(50,897,146 square feet) of land, more or less, within these metes |
|
and bounds, SAVE AND EXCEPT THEREFROM the aforementioned 15.354 |
|
acre tract of land described as follows: |
|
COMMENCING, at a 1/2 inch iron rod found in northerly right-of-way |
|
line of the Union Pacific Railroad for the southerly corner of said |
|
59.828 acre tract and being in the easterly line of said 239.035 |
|
acre tract; |
|
THENCE, N45°14'35"W, leaving the northerly right-of-way line of the |
|
Union Pacific Railroad and the southerly corner of said 59.828 acre |
|
tract, over and across said 239.035 acre tract, a distance of 944.36 |
|
feet to the POINT OF BEGINNING, being the southerly corner of said |
|
15.354 acre tract and hereof; |
|
THENCE, along the common lines of said 239.035 acre tract, said |
|
15.354 acre tract and hereof, the following four (4) courses and |
|
distances: |
|
1) N41°44'44"W, a distance of 760.00 feet to a point for the |
|
westerly corner of said 15.354 acre tract and hereof; |
|
2) N48°15'16"E, a distance of 880.00 feet to a point for the |
|
northerly corner of said 15.354 acre tract and hereof; |
|
3) S41°44'44"E, a distance of 760.00 feet to a point for the |
|
easterly corner of said 15.354 acre tract and hereof; |
|
4) N48°15'16"E, a distance of 880.00 feet to the POINT OF |
|
BEGINNING, containing an area of 15.354 acres (668,800 square feet) |
|
of land, more or less, within these metes and bounds and FURTHER |
|
SAVE AND EXCEPT THEREFROM the aforementioned the 1.790 acre tract |
|
of land described as follows:; |
|
COMMENCING, at a fence corner post for the northerly corner of said |
|
239.035 acre tract, being an angle point in the easterly line of |
|
said 70.540 acre tract; |
|
THENCE, N31°58'37"W, leaving the northerly corner of said 239.035 |
|
acre tract, over and across said 70.540 acre tract, a distance of |
|
176.88 feet to a fence corner post for the POINT OF BEGINNING, being |
|
the easterly corner of said 1.790 acre tract and hereof; |
|
THENCE, along the common lines of said 70.540 acre tract, said 1.790 |
|
acre tract and hereof, the following four (4) courses and |
|
distances: |
|
1) S60°20'34"W, a distance of 237.04 to a fence corner post |
|
for the southerly corner of said 1.790 acre tract and hereof; |
|
2) N32°55'40"W, a distance of 267.87 feet to a 1/2 inch iron |
|
rod for the westerly corner of said 1.790 acre tract and hereof; |
|
3) N49°02'47"E, a distance of 297.06 feet to a 1/2 inch iron |
|
rod for the northerly corner of said 1.790 acre tract and hereof; |
|
4) S22°49'48"E, a distance of 327.95 feet to the POINT OF |
|
BEGINNING, containing an area of 1.790 acres (77,991 square feet) |
|
of land, more or less, within these metes and bounds, leaving a |
|
TOTAL NET AREA of 1151.3 acres of land, more or less, within these |
|
metes and bounds. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
8492, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 8492.106 to read as follows: |
|
Sec. 8492.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. 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 |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2015. |