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A BILL TO BE ENTITLED
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relating to the creation of the Burnet County 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 7913 to read as follows: |
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CHAPTER 7913. BURNET COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7913.001. 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 Burnet County Municipal |
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Utility District No. 1. |
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Sec. 7913.002. 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. 7913.003. 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. 7913.004. 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. 7913.005. 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. 7913.051. 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 7913.052, directors serve |
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staggered four-year terms. |
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Sec. 7913.052. 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 7913.003; 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 7913.003 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 7913.003; 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. 7913.101. 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. 7913.102. 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. 7913.103. 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. 7913.104. 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, |
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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. 7913.105. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement with a municipality under Section 43.0751, |
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Local Government Code. |
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Sec. 7913.106. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) 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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7913.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds of each new district; |
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(3) appoint temporary directors for each new district |
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or provide that the owner or owners of a majority of the assessed |
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value of the real property in each new district may submit a |
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petition to the Texas Commission on Environmental Quality |
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requesting that the commission appoint as temporary directors the |
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five persons named in the petition; and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) 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 Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7913.003. A new district that is not confirmed is subject |
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to dissolution under general law. |
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(i) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7913.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7913.153. |
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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. 7913.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7913.151, 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. 7913.153. 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. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND |
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ASSESSMENTS |
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Sec. 7913.201. PETITION REQUIRED FOR FINANCING |
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RECREATIONAL FACILITIES AND IMPROVEMENTS WITH ASSESSMENTS. (a) |
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Except as provided by this subchapter, the board may finance a |
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recreational facility or improvement with assessments on property |
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under this subchapter, but only if: |
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(1) a written petition requesting that facility or |
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improvement has been filed with the board; and |
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(2) the board holds a hearing on the proposed |
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assessments. |
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(b) The petition must be signed by the owners of a majority |
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of the assessed value of real property in the district subject to |
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assessment according to the most recent certified tax appraisal |
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roll for the county. |
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Sec. 7913.202. METHOD OF NOTICE FOR HEARING. The district |
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shall mail notice of the hearing to each property owner in the |
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district who will be subject to the assessment at the current |
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address to be assessed as reflected on the tax rolls. The district |
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may mail the notice by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 7913.203. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An |
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assessment or a reassessment imposed under this subchapter by the |
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district, penalties and interest on an assessment or reassessment, |
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an expense of collection, and reasonable attorney's fees incurred |
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by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(b) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(c) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 7913.204. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
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Sec. 7913.251. 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. 7913.252. 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. 7913.253. 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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SUBCHAPTER G. DEFINED AREAS |
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Sec. 7913.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 7913.302. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax or issue bonds payable from ad |
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valorem taxes of the defined area or designated property, the board |
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shall hold an election in the defined area or in the designated |
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property only. |
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(b) The board may submit the issues to the voters on the same |
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ballot to be used in another election. |
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Sec. 7913.303. DECLARING RESULT AND ISSUING ORDER. (a) If |
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a majority of the voters voting at the election approve the |
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proposition or propositions, the board shall declare the results |
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and, by order, shall establish the defined area and describe it by |
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metes and bounds or designate the specific property. |
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(b) A court may not review the board's order except on the |
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ground of fraud, palpable error, or arbitrary and confiscatory |
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abuse of discretion. |
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Sec. 7913.304. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described by Section 7913.303, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 7913.305. ISSUANCE OF BONDS FOR DEFINED AREA OR |
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DESIGNATED PROPERTY. After the order under Section 7913.303 is |
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adopted, the district may issue bonds to provide for any land, |
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improvements, facilities, plants, equipment, and appliances for |
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the defined area or designated property. |
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SECTION 2. The Burnet County 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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Being a parcel of land situated in the GC&SF RR CO Survey, Section |
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330, Grantee - J.N. Crawford, Abstract Number 1772, the HE&WT RR CO |
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Survey, Section 304, Grantee - J.N. Crawford, Abstract Number 1833, |
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the T&NO RR CO Survey, Section 2, Grantee - C.F. Burton, Abstract |
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Number 1756 and the Maria Catalina Salinas Survey Number 17, |
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Abstract Number 776 and being a portion of a parcel of land as |
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described in the deed to Hines HWY 71, Limited Partnership recorded |
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under Instrument Number 2007-9805 of the Official Public Records of |
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Burnet County, Texas (hereafter referred to as the Hines Tract), |
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being more particularly described as follows: |
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BEGINNING at a 12 inch diameter steel fence corner post found at the |
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northwest corner of said Hines Tract; |
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THENCE the following nineteen (19) calls coincident with the |
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perimeter and to the corners of said Hines Tract: |
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1. NORTH 88 degrees 07 minutes 25 seconds EAST, 160.65 feet |
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to a found 1/2 inch rebar; |
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2. NORTH 88 degrees 11 minutes 33 seconds EAST, 381.95 feet |
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to a found 1/2 inch rebar; |
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3. NORTH 88 degrees 17 minutes 11 seconds EAST, 557.49 feet |
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to a found cotton gin spindle in the base of a 24 inch Live Oak; |
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4. NORTH 87 degrees 48 minutes 14 seconds EAST, 106.07 feet |
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to a found 1/2 inch rebar; |
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5. NORTH 88 degrees 40 minutes 10 seconds EAST, 340.08 feet |
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to a found 1/2 inch rebar; |
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6. NORTH 88 degrees 21 minutes 35 seconds EAST, 161.15 feet |
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to a found 60D nail in the base of a 18 inch Cedar; |
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7. NORTH 88 degrees 02 minutes 57 seconds EAST, 588.76 feet |
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to a found 2.5 inch steel fence corner post; |
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8. NORTH 01 degree 44 minutes 40 seconds WEST, 760.21 feet |
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to a found 1/2 inch rebar; |
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9. NORTH 01 degree 29 minutes 14 seconds WEST, 214.13 feet |
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to a found 1/2 inch rebar; |
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10. NORTH 01 degree 53 minutes 17 seconds WEST, 590.33 feet |
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to a found 3/8 inch rebar; |
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11. SOUTH 77 degrees 00 minutes 08 seconds EAST, 491.52 feet |
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to a found 2.5 inch steel fence corner post; |
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12. NORTH 87 degrees 53 minutes 14 seconds EAST, 1554.95 |
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feet to a found 2.5 inch steel fence corner post; |
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13. NORTH 00 degrees 38 minutes 32 seconds WEST, 566.01 feet |
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to a found 1/2 inch capped rebar stamped "Bergman 3103"; |
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14. NORTH 00 degrees 28 minutes 11 seconds WEST, 406.18 feet |
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to a found 1/2 inch capped rebar stamp illegible; |
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15. NORTH 88 degrees 34 minutes 22 seconds EAST, 1439.89 |
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feet to a found 1/2 inch rebar; |
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16. NORTH 89 degrees 03 minutes 16 seconds EAST, 502.28 feet |
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to a found 1/2 inch capped rebar stamped "Austin Surveyors"; |
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17. NORTH 88 degrees 53 minutes 10 seconds EAST, 977.10 feet |
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to a found 1/2 inch rebar; |
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18. SOUTH 01 degree 17 minutes 47 seconds EAST, 2875.44 feet |
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to a found 3/8 inch rebar; |
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19. SOUTH 01 degree 12 minutes 03 seconds EAST, 1145.50 feet |
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to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at |
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the intersection of the east line of said Hines Tract with the |
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Burnet-Travis County Line as described in Texas Senate Bill 1009, |
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an Act of May 22, 2013, 83rd Legislature, Regular Session, Chapter |
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599, filed in the Office of the Texas Secretary of State; |
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THENCE SOUTH 28 degrees 40 minutes 00 seconds WEST, with said |
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Burnet-Travis County Line, passing at 738.26 feet a found rock |
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mound noted as the 5th mile in the field notes by T. A. Chamberlain |
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recorded under Document Number 50949 of the County Boundary Files |
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for Burnet County in the Archives and Records of the Texas General |
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Land Office, in the vicinity of said rock mound a 1/2 inch capped |
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rebar stamped "Bergman RPLS 3103" lies northwesterly of said |
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Burnet-Travis County Line 2.5 feet, continuing for a total distance |
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of 1591.88 feet to a 1/2 inch capped rebar stamped "JPH LAND |
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SURVEYING" set at the intersection of said Burnet-Travis County |
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Line with a south line of said Hines Tract, from which a 6"x 6" x 44" |
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tall concrete monument marked "T" on the east side, "B" on the west |
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side and "1930" on the base found marking the corner of Burnet and |
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Blanco Counties and on the Travis County line bears SOUTH 28 degrees |
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40 minutes 00 seconds WEST, 1343.39 feet, and from said concrete |
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monument a 14 inch Live Oak Tree bears NORTH 86 degrees WEST, 16.5 |
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feet; |
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THENCE the following six (6) calls coincident with the perimeter |
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and to the corners of said Hines Tract: |
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1. SOUTH 88 degrees 48 minutes 34 seconds WEST, 406.38 feet |
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to a found 1/2 inch rebar from which a found 5/8 inch capped rebar |
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stamped "RPLS 453?" bears NORTH 28 degrees WEST, 0.3 feet; |
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2. SOUTH 88 degrees 51 minutes 05 seconds WEST, 283.38 feet |
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to a found 60D nail in top of a 12 inch diameter fence corner post; |
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3. NORTH 01 degree 12 minutes 27 seconds WEST, 475.01 feet |
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to a found cotton gin spindle; |
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4. SOUTH 88 degrees 57 minutes 29 seconds WEST, 1924.98 feet |
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to a set mag nail in rock; |
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5. SOUTH 25 degrees 44 minutes 58 seconds WEST, 532.03 feet |
|
to a found 1/2 inch capped rebar stamped "RPLS 4?52"; |
|
6. SOUTH 06 degrees 38 minutes 28 seconds WEST, 387.56 feet |
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to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at |
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the intersection of an easterly line of said Hines Tract with the |
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Burnet-Blanco County Line; |
|
THENCE NORTH 71 degrees 49 minutes 50 seconds WEST, 2120.42 feet |
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with said Burnet-Blanco County Line to a 1/2 inch capped rebar |
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stamped "JPH LAND SURVEYING" set at the intersection of the east |
|
right of way line of State Highway 71 (formerly known as R.M. |
|
Highway 93) a 150-foot right of way, as described in the deed to the |
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State of Texas recorded in Volume 98, Pages 530 and 531 of the Deed |
|
Records of Burnet County, Texas with said Burnet-Blanco County |
|
Line, from which a calculated point being a deed call tie as |
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described in said deed to the State of Texas to said Burnet-Blanco |
|
County Line bears NORTH 71 degrees 49 minutes 50 seconds WEST, 148.8 |
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feet; |
|
THENCE the following four (4) calls coincident with the perimeter |
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and to the corners of the east right of way line of said State |
|
Highway 71: |
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1. NORTH 48 degrees 03 minutes 28 seconds WEST, 518.91 feet |
|
to a Texas Department of Transportation 4 inch x 4 inch concrete |
|
right of way monument found at the beginning of a tangent curve |
|
concave to the northeast, having a radius of 2805.00 feet; |
|
2. northwesterly an arc length of 1334.88 feet to a Texas |
|
Department of Transportation 4 inch x 4 inch concrete right of way |
|
monument found at the beginning of a tangent line to the |
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aforementioned curve; |
|
3. NORTH 20 degrees 47 minutes 28 seconds WEST, 635.31 feet |
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to a Texas Department of Transportation 4 inch x 4 inch concrete |
|
right of way monument found at the beginning of a tangent curve |
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concave to the southwest having a radius of 5790.00 feet; |
|
4. northerly an arc length of 596.51 feet to the POINT OF |
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BEGINNING, containing 643.0 acres. |
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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 |
|
7913, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7913.107 to read as follows: |
|
Sec. 7913.107. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |