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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Williamson County Municipal Utility |
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District No. 33; 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 7959 to read as follows: |
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CHAPTER 7959. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 33 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7959.001. 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 Williamson County Municipal |
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Utility District No. 33. |
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Sec. 7959.002. 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. 7959.003. 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. 7959.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7959.003 |
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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. 7959.005. 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. 7959.006. 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. 7959.051. 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 7959.052, directors serve |
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staggered four-year terms. |
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Sec. 7959.052. 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 7959.003; 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 7959.003 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 7959.003; 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. 7959.101. 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. 7959.102. 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. 7959.103. 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. 7959.104. 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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(d) The district shall convey the public roads constructed |
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by or on behalf of the district under Section 7959.103 to Williamson |
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County for ownership, operation, and maintenance by the county. |
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After the 12th anniversary of the date the county accepts |
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conveyance of the roads, the district shall maintain the public |
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roads located in the district, except that the county shall |
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maintain the east-west arterial roadway located in the district |
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north of the San Gabriel River and south of State Highway 29. The |
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district's obligation to maintain the public roads located in the |
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district ceases if all of the territory of the district is annexed |
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by a municipality. |
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Sec. 7959.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7959.151. 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 7959.153. |
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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. 7959.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7959.151, 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. 7959.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7959.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7959.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7959.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Williamson County Municipal Utility District |
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No. 33 initially includes all the territory contained in the |
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following area: |
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TRACT 1: |
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BEING 103.78 ACRES OF LAND OUT OF THE HENRY GARMES SURVEY, |
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ABSTRACT NO. 269, IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED |
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OF TWO TRACTS: TRACT ONE BEING ALL OF A 25.32 ACRE TRACT, AND TRACT |
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TWO BEING A PORTION OF A 217.19 ACRE TRACT, BOTH CONVEYED TO LANCE |
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ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY TRUST BY |
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CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO. 2013046424 |
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OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, THEREIN |
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DESIGNATED AS "TRACT 3B, AND "TRACT 6" RESPECTIVELY, AND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2" rebar found for an angle point in the |
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easterly line of said 217.19 acre tract, being the southwest corner |
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of a 5.00 acre tract of land conveyed to Victor E. Landig, Jr. and |
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Cathy Jayne Landig by instrument of record in Doc. No. 2006029147 |
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of the Official Public. Records of Williamson County, from which a |
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1/2" rebar found for the northwest corner of said 5.00 acre tract |
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and the southwest corner of a remainder of a 76.97 tract of land |
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conveyed to Alice Catherine Alexander by deed of record in Volume |
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611, Page 699 of the Deed Records of Williamson County, Texas, bears |
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North 22°03'28" West a distance of 560.54 feet (record - North |
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22°03'22" West a distance of 560.34 feet); [Point of Beginning |
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Coordinates: Northing=10,199,823.40; Easting=3,079,831.80]; |
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THENCE North 68°33'37" East (record - North 68°33'32" East), |
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along the easterly line of the 217.19 acre tract and the south line |
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of the 5.00 acre tract, a distance of 438.82 feet (record - 438.82 |
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feet) to a 1/2" rebar set with plastic cap which reads "Baseline |
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Inc" for the southeast corner of the 5.00 acre tract and the |
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southwest corner of a 5.865 acre tract of land conveyed to April D. |
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Goldston by instrument of record in Doc. No. 2010062124 of the |
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Official Public. Records of Williamson County; |
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THENCE along the easterly line of the 217.19 acre tract and |
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the south line of said 5.865 acre tract, the following two (2) |
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courses: |
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1. North 68°35'59" East a distance of 263.12 feet (record - |
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North 68°35'54" East a distance of 463.32 feet) to a 1/2" rebar |
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found; |
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2. North 68°42'39" East a distance of 623.44 feet (record - |
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North 68°41'15" East a distance of 623.24 feet) to a 1/2" rebar found |
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for the southeast corner of the 5.865 acre tract, being an angle |
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point in the easterly line of the 217.19 acre tract, and being in |
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the west right-of-way line of County Road 267 |
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(R.O.W. varies); |
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THENCE along the easterly line of the 217.19 acre tract and |
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the west right-of-way line of said County Road 267, the following |
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six (6) courses: |
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1. South 16°04'02" West a distance of 826.82 feet (record - |
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South 16°03'22" West a distance of 826.66 feet) to a 1/2" rebar |
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found; |
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2. South 17°35'30" West a distance of 373.19 feet (record - |
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South 17°34'53" West a distance of 373.41 feet) to a 1/2" rebar |
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found; |
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3. South 17°40'03" West a distance of 516.92 feet (record - |
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South 17°40'17" West a distance of 516.79 feet) to a 1/2" rebar |
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found; |
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4. South 17°45'01" West a distance of 365.35 feet (record - |
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South 17°44'20" West a distance of 365.35 feet) to a 1/2" rebar |
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found; |
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5. South 16°35'03" West a distance of 191.68 feet (record - |
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South 16°33'50" West a distance of 191.67 feet) to an iron pipe |
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found; |
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6. South 14°36'17" West a distance of 170.36 feet (record - |
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South 14°37'23" West a distance of 170.49 feet) to a 1/2" rebar found |
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for the southeast corner of the 217.19 acre tract, the northeast |
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corner of said 25.32 acre tract, and also being the northeast corner |
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of a 10.00 acre tract of land conveyed to A.S. Event Center by |
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instrument of record in Doc. No. 2003090619 of the Official Public. |
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Records of Williamson County; |
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THENCE along the easterly line of the 25.32 acre tract and the |
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north, west and south lines of said 10.00 acre tract, the following |
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three (3) courses: |
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1. South 66°27'07" West a distance of 852.12 feet (record - |
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South 66°28'39" West a distance of 852.23 feet) to a 1/2" rebar found |
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for the northwest corner of the 10.00 acre tract; |
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2. South 05°44'14" West a distance of 604.88 feet (record - |
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South 05°43'19" West a distance of 605.96 feet) to a 1/2" rebar found |
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for the southwest corner of the 10.00 acre tract; |
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3. North 87°19'10" East a distance of 465.08 feet (record - |
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North 87°18'08" East a distance of 465.08 feet) to a 1/2" rebar found |
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for the southeast corner of the 10.00 acre tract in the west |
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right-of-way line of County Road 267; |
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THENCE South 17°31'00" West (record - South 17°28'56" West), |
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along the easterly line of the 25.32 acre tract and the west |
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right-of-way line of County Road 267, a distance of 335.09 feet |
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(record - 335.09 feet) to a 60d nail found in a fence post for the |
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southeast corner of the 25.32 acre tract, and being the point of |
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intersection of the west right-of-way line of County Road 267 and |
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the northerly right-of-way line of County Road 266 (R.O.W. varies); |
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THENCE along the southerly line of the 25.32 acre tract and |
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the northerly right-of-way line of said County Road 266, the |
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following seven (7) courses: |
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1. South 51°44'53" West a distance of 55.21 feet (record - |
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South 51°46'03" West a distance of 55.18 feet) to a 60d nail found in |
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the base of a tree; |
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2. South 80°09'00" West a distance of 44.98 feet (record - |
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South 79°58'15" West a distance of 44.18 feet) to a 60d nail found in |
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the base of a tree; |
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3. North 82°18'12" West a distance of 179.19 feet (record - |
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North 82°22'43" West a distance of 179.96 feet) to a 1/2" rebar |
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found; |
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4. North 82°07'47" West a distance of 341.84 feet (record - |
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North 82°06'23" West a distance of 341.86 feet) to a 1/2" rebar |
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found; |
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5. North 76°20'42" West a distance of 83.65 feet (record - |
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North 73°27'42" West a distance of 83.69 feet) to a 60d nail found in |
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the base of a tree; |
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6. North 74°46'28" West a distance of 70.00 feet (record - |
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North 74°47'12" West a distance of 69.92 feet) to a 1/2" rebar found; |
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7. North 73°56'43" West a distance of 113.46 feet (record - |
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North 74°00'03" West a distance of 113.52 feet) to a 1/2" rebar found |
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for the southwest corner of the 25.32 acre tract; |
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THENCE along the westerly line of the 25.32 acre tract and the |
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easterly right-of-way line of County Road 266, the following seven |
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(7) courses: |
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1. North 24°25'57" West a distance of 93.03 feet (record - |
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North 24°30'30" West a distance of 92.81 feet) to a 60d nail found in |
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the base of a tree; |
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2. North 17°11'25" West a distance of 443.82 feet (record - |
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North 17°10'08" West a distance of 444.10 feet) to a 1/2" rebar |
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found; |
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3. North 14°23'15" West a distance of 103.26 feet (record - |
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North 14°20'12" West a distance of 103.28 feet) to a 1/2" rebar |
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found; |
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4. North 08°37'57" West a distance of 75.27 feet (record - |
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North 08°31'48" west a distance of 75.28 feet) to a 60d nail found in |
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the base of a tree; |
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5. North 08°13'20" West a distance of 152.73 feet (record - |
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North 08°20'03" West a distance of 152.64 feet) to a 1/2" rebar |
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found; |
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6. North 03°21'57" East a distance of 152.83 feet (record - |
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North 03°21'04" East a distance of 152.82 feet) to a 60d nail found |
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in the base of a tree; |
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7. North 03°09'03" East a distance of 177.62 feet (record - |
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North 03°08'01" East a distance of 177.62 feet) to a 1/2" rebar found |
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for the northwest corner of the 25.32 acre tract and the southwest |
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corner of the 217.19 acre tract; |
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THENCE along the westerly line of the 217.19 acre tract and |
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the easterly right-of-way line of County Road 266, the following |
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thirty thirteen (13) courses: |
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1. North 03°09'58" East a distance of 127.35 feet (record - |
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North 03°12'45" East a distance of 127.22 feet) to a 60d nail found; |
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2. North 00°48'25" East a distance of 132.62 feet (record - |
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North 00°48'27" East a distance of 132.67 feet) to a 1/2" rebar |
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found; |
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3. North 70°13'23" West a distance of 14.05 feet (record - |
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North 70°23'56" West a distance of 14.03 feet) to a 1/2" rebar found; |
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4. North 03°28'12" East a distance of 45.34 feet (record - |
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North 03°26'17" East a distance of 45.34 feet) to a 1/2" rebar found; |
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5. North 03°58'46° East a distance of 154.32 feet (record - |
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North 03°58'14" East a distance of 154.28 feet) to a 1/2" rebar |
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found; |
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6. North 04°18'06" East a distance of 59.61 feet (record - |
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North 04°18'41" East a distance of 59.67 feet) to a 1/2" rebar found; |
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7. North 09°03'35" East a distance of 325.14 feet (record - |
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North 09°02'50" East a distance of 325.07 feet) to a 1/2" rebar |
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found; |
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8. North 09°04'57" East a distance of 84.09 feet (record - |
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North 09°05'17" East a distance of 84.06 feet) to a 1/2" rebar found; |
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9. North 00°25'19' East a distance of 51.00 feet (record - |
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North 00°16'21" East a distance of 51.03 feet) to a 1/2" rebar found; |
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10. North 03°12'51" West a distance of 41.32 feet (record - |
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North 02°55'40" West a distance of 41.25 feet) to a 60d nail found; |
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11. North 08°52'38" West a distance of 59.36 feet (record - |
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North 08°59'25" West a distance of 59.42 feet) to a 1/2" rebar found; |
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12. North 21°53'31" West a distance of 108.62 feet (record - |
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North 21°49'14" West a distance of 108.75 feet) to a 1/2" rebar |
|
found; |
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13. North 29°55'12" West (record - North 29°51'30" West) a |
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distance of 243.38 feet to a calculated point, from which a 1/2" |
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rebar found for an angle point in the westerly line of the 217.19 |
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acre tract and the easterly right-of-way line of County Road 266, |
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bears North 29°55'12" West (record - North 29°51'30" West) a distance |
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of 20.03 feet; |
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THENCE crossing through the 217.19 acre tract the following |
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two (2) courses: |
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1. North 67°04'21" East a distance of 357.92 feet to a |
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calculated point; |
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2. North 68°51'37" East a distance of 844.71 feet to the |
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POINT OF BEGINNING, and containing 103.78 acres of land, more or |
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less, out of the Henry Garmes Survey, Abstract no. 269, in |
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Williamson County, Texas. |
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TRACT 2: |
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BEING 80.17 ACRES OF LAND OUT OF THE HENRY GARMES SURVEY, |
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ABSTRACT NO. 269, IN WILLIAMSON COUNTY, TEXAS, AND BEING COMPRISED |
|
OF TWO TRACTS: TRACT ONE BEING A PORTION OF AN 86.67 ACRE TRACT, AND |
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TRACT TWO BEING ALL OF A 61.35 ACRE TRACT, BOTH CONVEYED TO LANCE |
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ERIC CAUGHFIELD, TRUSTEE OF THE CAUGHFIELD FAMILY TRUST BY |
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CORRECTION GENERAL WARRANTY DEED OF RECORD IN DOC. NO. 2013046424 |
|
OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS, THEREIN |
|
DESIGNATED AS "TRACT 2" AND "TRACT 3A' RESPECTIVELY, AND BEING MORE |
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PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 60d nail found in the base of a tree in the |
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easterly line of said 61.35 acre tract and the westerly |
|
right-of-way line of County Road 266 (R.O.W. varies) [Point of |
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Beginning Coordinates: Northing=10,196,888.73; Easting= |
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3,078,918.32]; |
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THENCE South 29°51'22" West (record - South 29°53'52" West), |
|
along the easterly line of the 61.35 acre tract and the westerly |
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right-of-way line of said County Road 266, passing at a distance of |
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84.99 feet (record - 84.97 feet) a 1/2" rebar found, and continuing |
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for a total distance of 200.88 feet (record - 200.88 feet) to a |
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calculated point in the approximate centerline of the South San |
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Gabriel River, for the southeast corner of the 61.35 acre tract, and |
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being in the north line of Lot 47, South San Gabriel Ranches, a |
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subdivision of record in Volume B, Pages 86-87 of the Plat Records |
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of Williamson County, Texas; |
|
THENCE along the southwesterly line of the 61.35 acre tract, |
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the northerly line of said South San Gabriel Ranches, and along the |
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approximate centerline of said South San Gabriel River the |
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following two (2) courses: |
|
1. North 61°18'12" West a distance of 210.89 (record - North |
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61°17'50" West a distance of 210.89) to a calculated point; |
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2. North 60°47'01" West a distance of 184.01 (record - North |
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60°46'39" West a distance of 184.01) to a calculated point in the |
|
north line of Lot 1, South San Gabriel Ranches; |
|
THENCE North 58°57'38" West (record - North 58°58'11" West), |
|
along the southwesterly line of the 61.35 acre tract, the northerly |
|
line of South San Gabriel Ranches, along the northerly line of High |
|
Gabriel East, Section 1, a subdivision of record in Volume B, Pages |
|
254-255 of the Plat Records of Williamson County, Texas, and also |
|
along the approximate centerline of the South San Gabriel River a |
|
distance of 1141.31 (record - 1141.01 feet) to a calculated point in |
|
the north line of Lot 9, of said High Gabriel East, Section 1; |
|
THENCE North 53°23'04" West (record - North 53°22'42" West), |
|
along the southwesterly line of the 61.35 acre tract, the north line |
|
of High Gabriel East, Section 1, along the northerly line of High |
|
Gabriel East, Section 2, a subdivision of record in Volume B, Pages |
|
296-298 of the Plat Records of Williamson County, Texas, and also |
|
along the approximate centerline of the South San Gabriel River a |
|
distance of 520.13 (record - 520.13 feet) to a calculated point in |
|
the north line of Lot 1, of said High Gabriel East, Section 2; |
|
THENCE North 60°21'43" West (record - North 60°21'21" West), |
|
along the southwesterly line of the 61.35 acre tract, the westerly |
|
line of the 86.67 acre tract, the northerly line of High Gabriel |
|
East, Section 2, and along the approximate centerline of the South |
|
San Gabriel River, a distance of 991.15 feet (record - 991.15 feet) |
|
to a calculated point in the north line of Lot 6, of said High |
|
Gabriel East, Section 2; |
|
THENCE North 73°06'31" West (record - North 73°06'09" West), |
|
along the westerly line of the 86.67 acre tract, the northerly line |
|
of High Gabriel East, Section 2, and along the approximate |
|
centerline of the South San Gabriel River, a distance of 169.18 feet |
|
(record - 169.18 feet) to a calculated point for the southeast |
|
corner of a 6.669 acre tract of land conveyed to Emogene M. Champion |
|
by instrument of record in Doc. No. 2008083903 of the Official |
|
Public Records of Williamson County, Texas, and being in the |
|
northerly line of Lot 7, of High Gabriel East, Section 2; |
|
THENCE crossing through the 86.67 acre tract the following |
|
three (3) courses: |
|
1. North 86°26'35" East a distance of 317.04 feet to a |
|
calculated point; |
|
2. North 66°30'58" East a distance of 2337.55 feet to a |
|
calculated point; |
|
3. North 67°04'21" East a distance of 269.04 feet to a |
|
calculated point in the east line of the 86.67 acre tract and the |
|
westerly right-of-way line of County Road 266, from which a 60d nail |
|
found in the base of a tree for an angle point in the east line of |
|
the 86.67 acre tract and the westerly right-of-way line of County |
|
Road 266, bears North 32°09'56" West (record - North 32°04'55" West) |
|
a distance of 125.54 feet; |
|
THENCE along the east line of the 86.67 acre tract and the |
|
westerly right-of-way line of County Road 266, the following four |
|
(4) courses: |
|
1. South 32°09'56" East (record - South 32°04'55" East) a |
|
distance of 172.79 feet to a 1/2" rebar found; |
|
2. South 24°39'36" East a distance of 130.90 feet (record - |
|
South 24°40'25" East a distance of 130.83 feet) to a 60d nail found |
|
in the base of a tree; |
|
3. South 18°45'47" East a distance of 48.38 feet (record - |
|
South 18°51'04" East a distance of 48.40 feet) to a 60d nail found in |
|
the base of a tree; |
|
4. South 12°11'02" East a distance of 25.73 feet (record - |
|
South 12°06'15" East a distance of 25.85 feet) to a 1/2" rebar found |
|
for the southeast corner of the 86.67 acre tract and the northeast |
|
corner of said 61.35 acre tract; |
|
THENCE along the easterly line of the 61.35 acre tract and the |
|
westerly right-of-way line of County Road 266 the following |
|
thirteen (13) courses: |
|
1. South 12°10'36" East a distance of 37.58 feet (record - |
|
South 12°06'15" East a distance of 37.46 feet) to a 60d nail found in |
|
the base of a tree; |
|
2. South 04°05'37" East a distance of 39.38 feet (record - |
|
South 04°03'42" East a distance of 39.37 feet) to a 60d nail found in |
|
the base of a tree; |
|
3. South 08°51'22" West a distance of 377.06 feet (record - |
|
South 08°50'15" West a distance of 376.99 feet) to a 60d nail found |
|
in the base of a tree; |
|
4. South 67°58'02" West a distance of 11.20 feet (record - |
|
South 67°40'51" West a distance of 11.11 feet) to a 60d nail found in |
|
the base of a tree; |
|
5. South 02°40'01" West a distance of 280.55 feet (record - |
|
South 02°42'46" West a distance of 280.54 feet) to a 60d nail found |
|
in the base of a tree; |
|
6. South 00°33'19" West a distance of 242.63 feet (record - |
|
South 00°31'17" West a distance of 242.70 feet) to a 1/2" rebar |
|
found; |
|
7. South 02°17'45" West a distance of 378.35 feet (record - |
|
South 02°19'20" West a distance of 378.31 feet) to a 60d nail found |
|
in the base of a tree; |
|
8. South 01°07'22" East a distance of 173.37 feet (record - |
|
South 01°14'59" East a distance of 173.37 feet) to a 1/2" rebar |
|
found; |
|
9. South 20°38'34" East a distance of 141.41 feet (record - |
|
South 20°38'50" East a distance of 141.39 feet) to a 1/2" rebar |
|
found; |
|
10. South 14°23'21" East a distance of 158.55 feet (record - |
|
South 14°20'44" East a distance of 158.60 feet) to a 60d nail found |
|
in the base of a tree; |
|
11. South 10°38"15" East a distance of 12.99 feet (record - |
|
South 10°39'10" East a distance of 12.99 feet) to a 1/2" rebar found; |
|
12. South 14°47'56" East a distance of 32.45 feet (record - |
|
South 14°48'48" East a distance of 32.47 feet) to a 1/2" rebar found; |
|
13. South 13°14'54" East a distance of 286.23 feet (record - |
|
South 13°15'49" East a distance of 286.23 feet) to the POINT OF |
|
BEGINNING, and containing 80.17 acres of land, more or less, out of |
|
the Henry Garmes Survey, Abstract no. 269, in Williamson County, |
|
Texas. |
|
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 |
|
7959, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7959.106 to read as follows: |
|
Sec. 7959.106. 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. |
|
|
|
* * * * * |