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A BILL TO BE ENTITLED
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relating to the creation of the Rose City Municipal Utility |
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District; providing authority to issue bonds; providing authority |
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to impose assessments and fees. |
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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 7958 to read as follows: |
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CHAPTER 7958. ROSE CITY MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7958.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "City" means the City of Tyler. |
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(3) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(4) "Director" means a board member. |
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(5) "District" means the Rose City Municipal Utility |
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District. |
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Sec. 7958.002. 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. 7958.003. 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. 7958.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7958.003 |
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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. 7958.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of a |
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municipal utility district as provided by general law and Section |
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59, Article XVI, Texas Constitution. |
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Sec. 7958.006. 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; or |
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(3) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7958.051. 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 7958.052, directors serve |
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staggered four-year terms. |
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Sec. 7958.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Martin Heines; |
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(2) John Nix; |
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(3) Sam Mezayek; |
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(4) Darryl Bowdre; and |
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(5) Edward Broussard. |
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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 7958.003; or |
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(2) September 1, 2019. |
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(c) If permanent directors have not been elected under |
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Section 7958.003 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 7958.003; 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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Sec. 7958.053. QUALIFICATIONS OF DIRECTORS. |
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(a) Notwithstanding any other law: |
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(1) an officer or employee of the city may serve as a |
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director of the district; and |
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(2) a member of the governing body of the city may |
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serve as a director of the district. |
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(b) A person who qualifies to serve as a director is |
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qualified to participate in all votes pertaining to the business of |
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the district, subject to Section 49.058, Water Code. |
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(c) Section 49.052, Water Code, does not apply to the |
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district. |
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Sec. 7958.054. COMPENSATION; REIMBURSEMENT. A director |
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serves without compensation but may receive reimbursement for |
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actual expenses reasonably and necessarily incurred while engaging |
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in activities on behalf of the district. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7958.101. 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. 7958.102. 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. 7958.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 7958.104. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7958.151. ELECTIONS REGARDING BONDS. The district may |
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issue, without an election, bonds and other obligations secured by |
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revenue other than ad valorem taxes. |
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Sec. 7958.152. PROHIBITION ON IMPOSITION OF TAXES. |
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(a) The district may not impose an ad valorem tax for any purpose. |
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(b) Section 49.107, Water Code, does not apply to the |
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district. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7958.201. 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 impact fees, revenue, contract |
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payments, grants, or other district money, or any combination of |
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those sources, to pay for any authorized district purpose. |
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SECTION 2. The Rose City Municipal Utility District |
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initially includes all the territory contained in the following |
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area: |
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BEGINNING at a point at the southwest corner of the intersection of |
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Grande Blvd and S Broadway Ave also the northeast corner of lot 12F |
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N.C.B. 1434. |
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THENCE travel Southerly along the west ROW of S Broadway Ave |
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approximately 18,456 ft to the southeast corner of lot 1 N.C.B. 1700 |
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fronting S Broadway Ave. |
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THENCE Westerly approximately 354 ft along the south edge of lot 1 |
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N.C.B. 1700. |
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THENCE Southwesterly direction 221 ft along the east edge of lot 1 |
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N.C.B. 1700. |
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THENCE Westerly approximately 1,255 ft along the southern line of |
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lot 1 N.C.B. 1700 to lot 12. |
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THENCE Westerly approximately 75 ft along the southern line of lot |
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12. |
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THENCE Northerly approximately 1,100 ft along the west line of lot |
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12 to lot 1 N.C.B. 1700. |
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THENCE Northerly approximately 1,985 ft along the west line of lot 1 |
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N.C.B. 1700 to the south ROW line of FM 2813. |
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THENCE Northerly approximately 60 ft across the ROW of FM 2813 to |
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the southeast lot of 23A N.C.B. 1539M. |
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THENCE Travel Westerly along the north ROW of FM 2813 approximately |
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4,110 ft to the southwest corner of lot 1A N.C.B. 1539M of the north |
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ROW of FM 2813 and east ROW of Neighbors Rd. |
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THENCE Travel Northerly along the east ROW of Neighbors Rd |
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approximately 3,670 ft (Crossing Loop 49 at approx. 1,900') to the |
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southwest corner of lot 2A N.C.B. 1138G. |
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THENCE Northwesterly across the ROW of Cherryhill Dr approximately |
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135 ft to southeast corner of lot 1A N.C.B. 1138H of the west ROW of |
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Cherryhill Dr and north ROW of Neighbors Rd. |
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THENCE Travel Westerly along the north ROW of Neighbors Rd |
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approximately 2,770 ft to the intersection of Neighbors Rd and |
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Stonebridge Way of the southwest corner of lot 9 N.C.B. 1137B. |
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THENCE Travel Northerly along the east ROW of Stonebridge Way |
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approximately 1,420 ft to the southwest corner of greenway N.C.B. |
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1137A. |
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THENCE Northwesterly Cross the ROW of Stonebridge Way 117 ft to the |
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southeast corner of lot 10 N.C.B. 1137 the north ROW of Balsam Gap |
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and west ROW of Stonebridge Way. |
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THENCE Westerly along the north ROW of Balsam Way approximately |
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685' and continue Northwesterly along Balsam Way ROW approximately |
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520 feet and continue along Balsam Way ROW approximately 420 feet to |
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the east ROW of FM 2493 of the corner of lot 24 along the east ROW of |
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FM 2493. |
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THENCE Travel North Northeasterly along the east ROW of FM 2493 (Old |
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Jacksonville Hwy) Approximately 3,380 ft. |
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THENCE Northwesterly Cross the ROW of Old Jacksonville Hwy |
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approximately 76 ft to the southeast corner of lot 10. |
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THENCE Northwesterly Along the south line of lot 10 approximately |
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460 ft to the southeast corner of lot 6 block 1 of Knollwood |
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Subdivision Unit 3. |
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THENCE Northerly Along the east line of lot 6 block 1 of Knollwood |
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Subdivision Unit 3 approximately 90 ft to the southeast corner of |
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lot 7 block 1 of Knollwood Subdivision Unit 3. |
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THENCE Northerly Along the east line of lot 7 block 1 of Knollwood |
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Subdivision Unit 3 to the northeast corner at the south ROW of |
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Willowood Dr. |
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THENCE Northerly Cross the ROW of Willowood Dr 60 ft to the |
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southeast corner of lot 25 block 2 of Knollwood Subdivision. |
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THENCE Northerly Along the east line of lot 25 block 2 of Knollwood |
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Subdivision approximately 166 ft to the northeast corner. |
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THENCE Westerly Along the north line of lot 25 block 2 of Knollwood |
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Subdivision approximately 102 ft to northeast corner of lot 24 |
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block 2 of Knollwood Subdivision. |
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THENCE Westerly Along the north line of lot 24 block 2 of Knollwood |
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Subdivision approximately 96 ft to the northeast corner of lot 23 |
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block 2 of Knollwood Subdivision. |
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THENCE Westerly Along the north line of lot 23 block 2 of Knollwood |
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Subdivision approximately 138 ft to the northeast corner of lot 22 |
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block 2 of Knollwood Subdivision. |
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THENCE Westerly Along the north line of 22 block 2 of Knollwood |
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Subdivision approximately 19 ft to northwest corner. |
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THENCE Northwesterly From the northwest corner of 22 block 2 of |
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Knollwood Subdivision travel across approximately the east ROW of |
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Mahar Rd (C R 164). |
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THENCE Northwesterly Cross the ROW of Mahor Rd (C R 164) |
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approximately 133 ft. to the northeast corner of lot 6 N.C.B. 1660B |
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of the west ROW of Mahor Rd (C R 164). |
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THENCE Southwesterly Travel along the west ROW of Mahor Rd (C R 164) |
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approximately 550 ft to the southeast corner of lot 2A N.C.B. 1660E. |
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THENCE West Northwesterly Along the south line of lot 2A N.C.B. |
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1660E approximately 80 ft to the southeast corner of lot 4A N.C.B. |
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1660E. |
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THENCE West Northwesterly Along the south line of lot 4A N.C.B. |
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1660E approximately 73 ft to the southeast corner of lot 10 N.C.B. |
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1660E. |
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THENCE West Northwesterly Along the south line of lot 10 N.C.B. |
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1660E approximately 133 ft to the southwest corner. |
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THENCE North Northeasterly From the southwest corner of lot 10 |
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N.C.B. 1660E travel the west line approximately 69 ft to southwest |
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corner of lot 9 N.C.B. 1660E. |
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THENCE North Northeasterly Along the west line of lot 9 N.C.B. 1660E |
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approximately 50 ft to the southwest corner of lot 8 N.C.B. 1660E. |
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THENCE North Northeasterly Along the west line of lot 8 N.C.B. 1660E |
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approximately 50 ft to the southwest corner of lot 7 N.C.B. 1660E. |
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THENCE North Northeasterly Along the west line of lot 7 N.C.B. 1660E |
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approximately 51 ft to the southwest corner of lot 6 N.C.B. 1660E. |
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THENCE North Northeasterly Along the west line of lot 6 N.C.B. 1660E |
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approximately 51 ft to the northwest corner and the southwest |
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corner of lot 7C. |
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THENCE Westerly From the northwest corner of lot 6 N.C.B. 1660E |
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travel along the south line of lot 7C approximately 275 ft to the |
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southeast corner of lot 7 N.C.B. 1660J. |
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THENCE Westerly Along the south line of lot 7 N.C.B. 1660J |
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approximately 206 ft to the southeast corner of lot 7A. |
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THENCE Westerly Along the south line of lot 7A approximately 643 ft |
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to the southwest corner. |
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THENCE Northerly From the southwest corner of lot 7A, travel the |
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west line 1,242 ft to the northwest corner of the side line of lot 5. |
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THENCE Westerly Along the south line of lot 5 approximately 796 ft |
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to the southwest corner and southwest corner of lot 5B. |
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THENCE North Northeasterly From the southwest corner of lot 5 and |
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southwest corner of lot 5B, approximately 426 ft along the west line |
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of lot 5 and south line of lot 5B to the southwest corner of lot 5C. |
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THENCE North Northeasterly Along the south line of lot 5C |
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approximately 406 ft to the southeast corner. |
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THENCE North Northwesterly From the southeast corner of lot 5C |
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along the east line of lot 5C to the northeast corner and south ROW |
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of C R 192 approximately 232 ft. |
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THENCE Northeasterly Travel the south ROW of C R 192 approximately |
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311 ft on west line of lot 5. |
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THENCE Easterly In an east direction approximately 763 ft within |
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lot 5 along Tyler city limits. |
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THENCE Southerly along the city limits line within lot 5 |
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approximately 300 ft. |
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THENCE In a southeasterly direction along the city limits line |
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within lot 5 approximately 70 ft. |
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THENCE Northerly along the city limits line within lot 5 |
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approximately 317 ft. |
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THENCE Easterly along the city limits line within lot 5 |
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approximately 654 ft. |
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THENCE Southerly along the city limits line within lot 5 |
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approximately 300 ft. |
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THENCE Easterly along the city limits line within lot 5 |
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approximately 110 ft to the east line of lot 5. |
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THENCE Northerly along the east line of lot 5 approximately 380 ft |
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to the north line and south line of lot 16. |
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THENCE Easterly Along the north line of lot 7A approximately 1,022 |
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ft the northeast corner and southwest corner of the ROW of Three |
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Lakes Pkwy. |
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THENCE Cross the ROW of Three Lakes Pkwy approximately 40 ft to the |
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southwest corner of lot 36 N.C.B. 1660A. |
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THENCE Northerly Along the west line of lot 36 N.C.B. 1660A |
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approximately 2,467 ft to the northwest corner and south ROW of Old |
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Noonday Rd. |
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THENCE Northerly Travel approximately 290 ft on the east ROW of Old |
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Noonday Rd and to the southwest corner of lot 1 N.C.B. 1660G. |
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THENCE Northwesterly From the southwest corner of lot 1 N.C.B. |
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1660G, cross Old Noonday Rd ROW 56 ft to the southeast corner lot of |
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24 N.C.B. 1539M. |
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THENCE Westerly Along the south line of lot 24 N.C.B. 1539M |
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approximately 1,000. ft to the southeast corner of lot 19 N.C.B. |
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1539M. |
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THENCE Westerly Along the south line of lot 19 N.C.B. 1539M |
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approximately 2,555 ft to the southwest corner. |
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THENCE Northerly From the southwest corner of lot 19 N.C.B. 1539M |
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approximately 1,090 ft along the west line to the southwest corner |
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of lot 2A N.C.B. 1539M. |
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THENCE Northerly Along the west line of lot 2A N.C.B. 1539M |
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approximately 266 ft to the southeast corner of lot 1U N.C.B. 1539M. |
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THENCE Northwesterly Along the south line of lot 1U N.C.B. 1539M |
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approximately 293 ft. |
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THENCE In a southwesterly direction approximately 92 ft to the east |
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ROW of State Hwy 155 S and northwest corner of lot 1E. |
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THENCE Northeasterly Travel along the east ROW of State Hwy 155 S |
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and lot 1U N.C.B. 1539M approximately 333 to the northwest corner |
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and south ROW of W Grande Blvd. |
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THENCE Westerly Travel along the south ROW of W Grande Blvd |
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approximately 16,104 ft to S Broadway Ave and the Point of |
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Beginning. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2015. |