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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. (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 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. (a) |
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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 |
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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. (a) The |
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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 along the west ROW of S Broadway Ave approximately |
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17,952 ft to the southeast corner of lot 1 N.C.B. 1700 fronting S |
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Broadway Ave. |
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THENCE West approximately 348.17 ft along the south edge of lot 1 |
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N.C.B. 1700. |
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THENCE Southwest direction 220.45 ft along the east edge of lot 1 |
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N.C.B. 1700. |
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THENCE West approximately 1,246.71 ft along the southern line of |
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lot 1 N.C.B. 1700 to lot 12. |
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THENCE West approximately 84.6 ft along the southern line of lot 12. |
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THENCE North approximately 1,090.81 ft along the west line of lot 12 |
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to lot 1 N.C.B. 1700. |
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THENCE North approximately 1,982.22 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 North approximately 60 ft across the ROW of FM 2813 to the |
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southeast lot of 23A N.C.B. 1539M. |
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THENCE Travel along the north ROW of FM 2813 approximately 4,107.56 |
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ft to the southwest corner of lot 1A N.C.B. 1539M of the north ROW of |
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FM 2813 and east ROW of Neighbors Rd. |
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THENCE Travel along the east ROW of Neighbors Rd approximately |
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3,669.59 ft to the southwest corner of lot 2A N.C.B. 1138G. |
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THENCE Northwest across the ROW of Cherryhill Dr approximately |
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134.88 ft to southeast corner of lot 1A N.C.B. 1138H of the west ROW |
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of Cherryhill Dr and north ROW of Neighbors Rd. |
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THENCE Travel along the north ROW of Neighbors Rd approximately |
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2,675.41 ft to the intersection of Neighbors Rd and Stonebridge Way |
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of the southwest corner of lot 9 N.C.B. 1137B. |
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THENCE Travel along the east ROW of Stonebridge Way approximately |
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1,398.7 ft to the southwest corner of greenway N.C.B. 1137A. |
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THENCE Cross the ROW of Stonebridge Way 105 ft to the southeast |
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corner of lot 10 N.C.B. 1137 the north ROW of Balsam Gap and west ROW |
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of Stonebridge Way. |
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THENCE Travel along the north ROW of Balsam Way approximately |
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1,615.58 ft to the east ROW of FM 2893 of the corner of lot 24 along |
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east ROW of FM 2493. |
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THENCE Travel along the east ROW of FM 2493 (Old Jacksonville Hwy) |
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approximately 3,376.71 ft. |
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THENCE Cross the ROW of Old Jacksonville Hwy approximately 76 ft to |
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the southeast corner of lot 10. |
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THENCE Along the south line of lot 10 approximately 457.26 ft to the |
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southeast corner of lot 6 block 1 of Knollwood Subdivision Unit 3. |
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THENCE Along the east line of lot 6 block 1 of Knollwood Subdivision |
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Unit 3 approximately 89.98 ft to the southeast corner of lot 7 block |
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1 of Knollwood Subdivision Unit 3. |
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THENCE Along the east line of lot 7 block 1 of Knollwood Subdivision |
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Unit 3 to the northeast corner at the south ROW of Willowood Dr. |
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THENCE Cross the ROW of Willowood Dr 60 ft to the southeast corner |
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of lot 25 block 2 of Knollwood Subdivision. |
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THENCE Along the east line of lot 25 block 2 of Knollwood |
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Subdivision approximately 165.52 ft to the northeast corner. |
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THENCE Along the north line of lot 25 block 2 of Knollwood |
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Subdivision approximately 101.54 ft to northeast corner of lot 24 |
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block 2 of Knollwood Subdivision. |
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THENCE Along the north line of lot 24 block 2 of Knollwood |
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Subdivision approximately 95.54 ft to the northeast corner of lot |
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23 block 2 of Knollwood Subdivision. |
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THENCE Along the north line of lot 23 block 2 of Knollwood |
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Subdivision approximately 137.34 ft to the northeast corner of lot |
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22 block 2 of Knollwood Subdivision. |
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THENCE Along the north line of 22 block 2 of Knollwood Subdivision |
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approximately 18.28 ft to northwest corner. |
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THENCE From the northwest corner of 22 block 2 of Knollwood |
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Subdivision travel across approximately the east ROW of Mahar Rd (C |
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R 164). |
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THENCE Cross the ROW of Mahor Rd (C R 164) approximately 133 ft. to |
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the northeast corner of lot 6 N.C.B. 1660B of the west ROW of Mahor |
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Rd (C R 164). |
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THENCE Travel along the west ROW of Mahor Rd (C R 164) approximately |
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548.55 ft to the southeast corner of lot 2A N.C.B. 1660E. |
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THENCE Along the south line of lot 2A N.C.B. 1660E approximately |
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79.95 ft to the southeast corner of lot 4A N.C.B. 1660E. |
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THENCE Along the south line of lot 4A N.C.B. 1660E approximately |
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73.1 ft to the southeast corner of lot 10 N.C.B. 1660E. |
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THENCE Along the south line of lot 10 N.C.B. 1660E approximately |
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133.19 ft to the southwest corner. |
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THENCE From the southwest corner of lot 10 N.C.B. 1660E travel the |
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west line approximately 68.85 ft to southwest corner of lot 9 N.C.B. |
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1660E. |
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THENCE Along the west line of lot 9 N.C.B. 1660E approximately 50.1 |
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ft to the southwest corner of lot 8 N.C.B. 1660E. |
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THENCE Along the west line of lot 8 N.C.B. 1660E approximately 49.88 |
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ft to the southwest corner of lot 7 N.C.B. 1660E. |
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THENCE Along the west line of lot 7 N.C.B. 1660E approximately 50.58 |
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ft to the southwest corner of lot 6 N.C.B. 1660E. |
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THENCE Along the west line of lot 6 N.C.B. 1660E approximately 50.58 |
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ft to the northwest corner and the southwest corner of lot 7C. |
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THENCE From the northwest corner of lot 6 N.C.B. 1660E travel along |
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the south line of lot 7C approximately 274.6 ft to the southeast |
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corner of lot 7 N.C.B. 1660J. |
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THENCE Along the south line of lot 7 N.C.B. 1660J approximately |
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205.38 ft to the southeast corner of lot 7A. |
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THENCE Along the south line of lot 7A approximately 635.5 ft to the |
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southwest corner. |
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THENCE From the southwest corner of lot 7A, travel the west line |
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1,241.32 ft to the northwest corner of the side line of lot 5. |
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THENCE Along the south line of lot 5 approximately 795.51 ft to the |
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southwest corner and southwest corner of lot 5B. |
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THENCE From the southwest corner of lot 5 and southwest corner of |
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lot 5B, approximately 425.93 ft along the west line of lot 5 and |
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south line of lot 5B to the southwest corner of lot 5C. |
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THENCE Along the south line of lot 5C approximately 405.29 ft to the |
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southeast corner. |
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THENCE From the southeast corner of lot 5C along the east line of |
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lot 5C to the northeast corner and south ROW of C R 192 |
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approximately 231.37 ft. |
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THENCE Travel the south ROW of C R 192 approximately 310.95 ft on |
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west line of lot 5. |
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THENCE In an east direction approximately 762.77 ft within lot 5 |
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along Tyler city limits. |
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THENCE South along the city limits line within lot 5 approximately |
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299.1 ft. |
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THENCE In a southeast direction along the city limits line within |
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lot 5 approximately 70ft. |
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THENCE North along the city limits line within lot 5 approximately |
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316.46 ft. |
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THENCE East along the city limits line within lot 5 approximately |
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653.52 ft. |
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THENCE South along the city limits line within lot 5 approximately |
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299.57ft. |
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THENCE East along the city limits line within lot 5 approximately |
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109.85 ft to the east line of lot 5. |
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THENCE North along the east line of lot 5 approximately 379.36 ft to |
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the north line and south line of lot 16. |
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THENCE Along the north line of lot 5 and south line of lot 16 |
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approximately 1,487.49 ft to the northwest corner of lot 7A. |
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THENCE Along the north line of lot 7A approximately 1,022.05 ft the |
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northeast corner and southwest corner of the ROW of Three Lakes |
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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 Along the west line of lot 36 N.C.B. 1660A approximately 2443 |
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ft to the northwest corner and south ROW of Old Noonday Rd. |
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THENCE Travel approximately 310.3 ft on the east ROW of Old Noonday |
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Rd and west line of lot 20 N.C.B. 1539M to the southwest corner of |
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lot 1 N.C.B. 1660G. |
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THENCE From the southwest corner of lot 1 N.C.B. 1660G, cross Old |
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Noonday Rd ROW 55.56 ft to the southeast corner lot of 24 N.C.B. |
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1539M. |
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THENCE Along the south line of lot 24 N.C.B. 1539M approximately |
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1,000.06 ft to the southeast corner of lot 19 N.C.B. 1539M. |
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THENCE Along the south line of lot 19 N.C.B. 1539M approximately |
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2,553.16 ft to the southwest corner. |
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THENCE From the southwest corner of lot 19 N.C.B. 1539M |
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approximately 1,087.75 ft along the west line to the southwest |
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corner of lot 2A N.C.B. 1539M. |
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THENCE Along the west line of lot 2A N.C.B. 1539M approximately |
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265.87 ft to the southeast corner of lot 1U N.C.B. 1539M. |
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THENCE Along the south line of lot 1U N.C.B. 1539M approximately |
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292.43 ft. |
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THENCE In a southwesterly direction approximately 91.99 ft to the |
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east ROW of State Hwy 155 S and northwest corner of lot 1E. |
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THENCE Travel along the east ROW of State Hwy 155 S and lot 1U N.C.B. |
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1539M approximately 332.69 to the northwest corner and south ROW of |
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W Grande Blvd. |
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THENCE Travel along the south ROW of W Grande Blvd approximately |
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16,103.8 ft to S Broadway Ave and the Point of 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. |