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A BILL TO BE ENTITLED
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relating to the creation of the Driftwood Conservation District; |
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granting a limited power of eminent domain; providing authority to |
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issue bonds; providing authority to impose assessments, fees, and |
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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 7982 to read as follows: |
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CHAPTER 7982. DRIFTWOOD CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7982.001. 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 Driftwood Conservation |
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District. |
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Sec. 7982.002. 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. 7982.003. 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. 7982.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7982.003 |
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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. 7982.005. 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. 7982.006. 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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Sec. 7982.007. APPLICABILITY OF OTHER LAW. Chapter 257, |
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Transportation Code, and other general laws applicable to road |
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districts created under Section 52, Article III, Texas |
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Constitution, apply to the district. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7982.051. 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 7982.052, directors serve |
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staggered four-year terms. |
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Sec. 7982.052. 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 7982.003; 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 7982.003 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 7982.003; 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. 7982.101. 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. 7982.102. 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. 7982.103. 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. 7982.104. 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 |
|
project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7982.105. IMPROVEMENT PROJECTS. (a) The district may |
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provide or finance, or contract with a governmental or private |
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person to provide or finance, the following types of projects or |
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activities in support of or incidental to one of the projects: |
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(1) an improvement project that is a public |
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improvement, facility, or service that may be provided by a |
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municipal utility district or a municipal management district, |
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including: |
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(A) water, wastewater, reclamation, drainage, |
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road, trail, or bridge improvement; |
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(B) utilization and reuse of treated effluent in |
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landscape and other features, including temporary holding |
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features; |
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(C) transportation of treated effluent for |
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reuse; and |
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(D) injection of treated stormwater runoff or |
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stormwater collected from roofs into aquifers as storage or to |
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recharge the aquifer; and |
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(2) the purchase and maintenance of conservation land |
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for endangered species, including the cost of: |
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(A) any permits relating to endangered species or |
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the maintenance of the land; and |
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(B) purchasing land or easements for |
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conservation mitigation. |
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(b) The district may inject stormwater as authorized by |
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Subsection (a)(1)(D) without the consent, concurrence, or |
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authorization of a groundwater conservation district, but only if |
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the district acquires a permit as required by Section 27.011, Water |
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Code. |
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(c) To finance an improvement project under Subsection |
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(a)(1), the district may, in the manner authorized by: |
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(1) Chapter 375, Local Government Code, or Chapter 54, |
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Water Code, use funds derived from: |
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(A) ad valorem taxes; |
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(B) sales and use taxes from a strategic |
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partnership agreement authorized by Section 7982.108; |
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(C) assessments imposed under Section 7982.201; |
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(D) revenue from an improvement project; |
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(E) impact fees; or |
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(F) any other source; and |
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(2) Sections 375.201 through 375.205, Local |
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Government Code, enter into obligations, including: |
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(A) lease purchase agreements; |
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(B) certificates of participation in lease |
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purchase agreements; |
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(C) general obligation bonds and notes and |
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revenue bonds and notes; |
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(D) combination general obligation and revenue |
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bonds and notes; and |
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(E) other interest-bearing obligations. |
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(d) Sections 375.161 through 375.163, Local Government |
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Code, do not apply to an assessment imposed by the district. |
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Sec. 7982.106. 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. 7982.107. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
|
district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7982.003 to confirm the creation of the district. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7982.003. |
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(i) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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Sec. 7982.108. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement with a municipality under Section 43.0751, |
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Local Government Code. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7982.151. 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 7982.153. |
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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. 7982.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7982.151, 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. 7982.153. 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 |
|
provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND |
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ASSESSMENTS |
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Sec. 7982.201. PETITION REQUIRED FOR FINANCING |
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RECREATIONAL FACILITY OR IMPROVEMENT BY ASSESSMENT. (a) The |
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district may finance a recreational facility or improvement, |
|
including an improvement project under Section 7982.105, with |
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assessments on residential or commercial property or both |
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residential and commercial property under this subchapter, but only |
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if: |
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(1) a written petition requesting that facility or |
|
improvement has been filed with the board; and |
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(2) the district holds a hearing on the proposed |
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assessments. |
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(b) The petition must be signed by the owners of a majority |
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of the assessed value of real property in the district subject to |
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assessment according to the most recent certified tax appraisal |
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roll for the county. |
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Sec. 7982.202. METHOD OF NOTICE FOR HEARING. The district |
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shall mail notice of the hearing to each property owner in the |
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district who will be subject to the assessment at the current |
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address to be assessed as reflected on the tax rolls. The district |
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may mail the notice by certified or first class United States mail. |
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The board shall determine the method of notice. |
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Sec. 7982.203. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An |
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assessment or a reassessment imposed under this subchapter by the |
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district, penalties and interest on an assessment or reassessment, |
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an expense of collection, and reasonable attorney's fees incurred |
|
by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
|
a lien or claim for county, school district, or municipal ad valorem |
|
taxes; and |
|
(3) are the personal liability of and a charge against |
|
the owners of the property even if the owners are not named in the |
|
assessment proceedings. |
|
(b) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
|
paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
|
(c) The board may make a correction to or deletion from the |
|
assessment roll that does not increase the amount of assessment of |
|
any parcel of land without providing notice and holding a hearing in |
|
the manner required for additional assessments. |
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Sec. 7982.204. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
|
rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
|
as defined by Section 31.002, Utilities Code; |
|
(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
|
(3) a telecommunications provider as defined by |
|
Section 51.002, Utilities Code; or |
|
(4) a person who provides to the public cable |
|
television or advanced telecommunications services. |
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SUBCHAPTER F. BONDS AND OTHER OBLIGATIONS |
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Sec. 7982.251. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
|
payable wholly or partly from ad valorem taxes, impact fees, |
|
revenue, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
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Sec. 7982.252. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct ad valorem tax, without limit as to rate or amount, while all |
|
or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
|
Sec. 7982.253. BONDS FOR ROAD PROJECTS. At the time of |
|
issuance, the total principal amount of bonds or other obligations |
|
issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
|
real property in the district. |
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SUBCHAPTER G. DEFINED AREAS |
|
Sec. 7982.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
|
certain property of the district to pay for improvements, |
|
facilities, or services that primarily benefit that area or |
|
property and do not generally and directly benefit the district as a |
|
whole. |
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Sec. 7982.302. PROCEDURE FOR ELECTION. (a) Before the |
|
district may impose an ad valorem tax or issue bonds payable from ad |
|
valorem taxes of the defined area or designated property, the board |
|
shall hold an election in the defined area or in the designated |
|
property only. |
|
(b) The board may submit the issues to the voters on the same |
|
ballot to be used in another election. |
|
Sec. 7982.303. DECLARING RESULT AND ISSUING ORDER. (a) If |
|
a majority of the voters voting at the election approve the |
|
proposition or propositions, the board shall declare the results |
|
and, by order, shall establish the defined area and describe it by |
|
metes and bounds or designate the specific property. |
|
(b) A court may not review the board's order except on the |
|
ground of fraud, palpable error, or arbitrary and confiscatory |
|
abuse of discretion. |
|
Sec. 7982.304. TAXES FOR SERVICES, IMPROVEMENTS, AND |
|
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
|
approval and adoption of the order described by Section 7982.303, |
|
the district may apply separately, differently, equitably, and |
|
specifically its taxing power and lien authority to the defined |
|
area or designated property to provide money to construct, |
|
administer, maintain, and operate services, improvements, and |
|
facilities that primarily benefit the defined area or designated |
|
property. |
|
Sec. 7982.305. ISSUANCE OF BONDS FOR DEFINED AREA OR |
|
DESIGNATED PROPERTY. After the order under Section 7982.303 is |
|
adopted, the district may issue bonds to provide for any land, |
|
improvements, facilities, plants, equipment, and appliances for |
|
the defined area or designated property. |
|
SECTION 2. The Driftwood Conservation District initially |
|
includes all the territory contained in the following area: |
|
Tract I |
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FIELDNOTE DESCRIPTION of a 394.112 acre tract out of the |
|
Freelove Woody Survey No. 23, Hays County, Texas, being a portion |
|
of that 700.03 acre tract conveyed to John Richard Rutherford by |
|
deed recorded in Volume 1214, Page 548 of the Deed Records of Hays |
|
County, Texas; the said 394.112 acre tract is more particularly |
|
described by metes and bounds as follows: |
|
BEGINNING at a calculated point for the most westerly corner |
|
of the said 700.03 acre tract, being on the southerly line of that |
|
100 acre tract conveyed to Masa Scott Roberts by deed recorded in |
|
Volume 301, Page 865 of the said Deed Records, and a point in the |
|
northerly right-of-way line of State Highway FM 967 (80.00' |
|
right-of-way), from which a TxDOT concrete highway monument found |
|
bears N41 10'07"Q, 85.92 feet; |
|
THENCE, leaving the northerly right-of-way line of State |
|
Highway FM 967, with the common line between the said 700.03 acre |
|
tract and the said 100 acre tract, for the following two (2) |
|
courses: |
|
1. N88 43'28"E at .25 feed pass a 1/2" iron rod found, |
|
for a total distance of 2005.48 feet to a 60d nail found in a fence |
|
corner post for the southeast corner of the said 100 acre tract; |
|
2. N00 59'15"W, 515.50 feet to a 5/8" iron rod found |
|
stamped "Kent McMillon, Land Surveyor, RPLS 4341", for a northwest |
|
corner of the said 700.03 acre tract, being on a westerly line of |
|
the remainder of that 535.13 acre tract conveyed to Michael Giles |
|
Rutherford, Jr., John Richard Rutherford and Sally Anne Rutherford |
|
by deed recorded in Volume 1214, Page 531 of the said Deed Records, |
|
from which a 1/2 " iron rod found for the northeast corner of the |
|
said 100 acre tract bears N00 59'15"W, 523.55 feet; |
|
THENCE, N89 02'23"E, leaving the easterly line of the said |
|
100 acre tract, across the said 535.13 acre tract, with northerly |
|
line of the said 700.03 acre tract, 5479.22 feet to a 1/2 " iron rod |
|
set with plastic cap for the northeast corner of the herein |
|
described tract, being in the westerly line of the remainder of that |
|
652.60 acre tract also conveyed to Michael Giles Rutherford, Jr., |
|
John Richard Rutherford and Sally Anne Rutherford by deed recorded |
|
in Volume 1214, Page 531 of the said Deed Records; |
|
THENCE, leaving the said remainder of the 535. 13 acre tract |
|
and the 652.60 acre tract, across the said 700.03 acre tract for the |
|
following three (3) courses: |
|
1) S00 15'40 E, 514.97 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
2) S89 02'23"W, 15.17 feet to a fence comer post found; |
|
3) S00°27'04"E, 1260. 14 feet to a metal fence corner |
|
post found for an ell corner in the southerly line of the said |
|
700.03 acre tract, being on the remainder of that certain tract, |
|
described as First Tract, conveyed to Michael Giles Rutherford by |
|
deed recorded in Volume 197, Page 45 of the said Deed Records, from |
|
which a 5/8" iron rod found with aluminum cap stamped "Kent |
|
McMillan, Land Surveyor, RPLS 4341" bears N87 l'36"E, 1675.22 feet; |
|
THENCE, S0l°00'52"E, across the said Michael Giles Rutherford |
|
First Tract, with an easterly line of the said 700.03 acre tract, |
|
17.61 feet to a 5/8" iron rod found with aluminum cap stamped "Kent |
|
McMillan, Land Surveyor, RPLS 4341" for the most easterly, |
|
southeast comer of the herein described tract, from which a fence |
|
corner post found for the most southerly, southeast corner of the |
|
aforesaid 700.03 acre tract, being an ell comer of the said Michael |
|
Giles Rutherford tract and the northeast corner of that certain |
|
26.25 acre tract conveyed to Denton E. Ragland, Patrice Ragland and |
|
Marilyn Ragland by deed recorded in Volume 282, Page 373 of the said |
|
Deed Records bears S0l°00'52"E, 2121.99 feet; |
|
THENCE, leaving the remainder of the said Michael Giles |
|
Rutherford tract, across the said 700.03 acre tract, for the |
|
following twenty-three (23) courses: |
|
1) N83°13'49"W, 111.37 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
2) N81°56'14"W, 349.24 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
3) N7l'0l'01"W, 274.19 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
4) N78°02'17"W, 468.3I feet to a 1/2" iron rod set with |
|
plastic cap; |
|
5) N82°55' 15"W, 267.33 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
6) S71°57'45"W, 177.28 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
7) N78'37'03"W, 375.19 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
8) S65°03'19"W, 84.41 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
9) S33°11'56"W, 124.67 feet to a1/2"iron rod set with |
|
plastic cap; |
|
10) S01°02'08'W 168.03 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
11) S27 03' 16"W, 206.14 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
12) S17°49'54"W, 197.44 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
13) S30°34'17"W, 272.18 feet to a to a 1/2" iron rod set |
|
with plastic cap; |
|
14) S12°51'33"W, 225.06 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
15) S08°30'37"E, 228.34 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
16) S17°32'26"W 215.74 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
17) S18°36'23"W, 192.00 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
18) S01°16'37"E, 177.11 feet to a 1/2" iron rod set |
|
with plastic cap: |
|
19) S63°12'48"W, 153.98 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
20) S45°13'37"W, 150.25 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
21) S29°56'27"W, 113.65 to a 1/2" iron rod set with |
|
plastic cap: |
|
22) S60°22'29"W, 114.26 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
23) S26 35'43"W, 75.57 feet to a 5/8" iron rod found |
|
with aluminum cap, stamped "Kent McMillan, Land Surveyor, RPLS |
|
4341", on the southerly line of the said 700.03 acre tract, being on |
|
the notherly right-of-way line of the aforesaid Sate Highway FM |
|
967, and being 40.00 feet right of State Highway centerline station |
|
587+49.3; |
|
THENCE, with the common line between the said 700.03 |
|
acre tract and the said right-of-way line of State Highway FM |
|
967, for the following two (2) courses: |
|
1) N89 12'09"W, at 750.58 feet pass a TxDOT concrete |
|
highway monument found, for a total distance of 1247.30 feet to a |
|
calculated point for the point of curvature of a non-tangent curve |
|
to the right, from which a TxDOT concrete highway monument found |
|
bears S01 07'48"W, 0.38 feet, said calculated point being 40.00 |
|
feet right of State Highway centerline station 599+95.5; |
|
2) With the said curve to the right having a central |
|
angle of 48 00'30", a radius of 1105.92 feet, a chord distance of |
|
899.79 feet (chord bears N65 10'23"W), for an arc distance of 926.66 |
|
feet to a calculated point for the point of tangency, from which a |
|
TxDOT concrete highway monument found bears N81 52'12"E, 1.37 feet, |
|
said calculated point being 40.00 feet right of State Highway |
|
centerline station 609+55.5; |
|
THENCE, N41 10'07"W, continuing with the common line between |
|
the said 700.03 acre tract and the northerly right-of-way line of |
|
State Highway FM967, at 1393.60 feet pass a TxDOT concrete monument |
|
found 0.28 feet to the left, at 2244.39 feet pass a TxDOT concrete |
|
highway monument found, for a total distance of 3675.62 feet to the |
|
PLACE OF BEGINNING, CONTAINING within these metes and bounds |
|
394.112 acres of land area. |
|
TRACT II. |
|
FIELDNOTE DESCRIPTION of a 128.166 acre tract out of the |
|
Freelove Woody Survey No.23, Hays County, Texas, being a portion of |
|
that 700.03 acre tract conveyed to John Richard Rutherford by deed |
|
recorded in Volume 1214, page 548 of the Deed Records of Hays |
|
County, Texas; the said 128.166 acre tract is more particularly |
|
described by metes and bounds as follows: |
|
BEGINNING at a fence corner post found for the most southerly |
|
southeast corner of the said 700.03 acre tract, being the northeast |
|
corner of that 26.25 acre tract conveyed to Denton Ragland, Jr., |
|
Patrice Ragland and Marilyn Ragland by deed recorded in Volume 282, |
|
Page 372 of the said Deed Records and an ell corner of that certain |
|
tract, described as first tract, conveyed to Michael Giles |
|
Rutherford recorded in Volume 197, page 45 of the said Deed Records, |
|
from which a fence corner post found in the common line between the |
|
said 26.25 acre tract and that certain Michael Giles Rutherford |
|
tract bears S00 42'40"E, 446.87 feet; |
|
THENCE, N88 53'01'W, leaving the said Michael Giles |
|
Rutherford tract, with the southerly line of the said 700.03 acre |
|
tract, at 21.54 feet pass a 5/8" iron rod found, stamped "Kent |
|
McMillan, Land Surveyor, RPLS 4341", 0.56 feet to the left, at |
|
719.81 feet pass the approximate northwest corner of the said 26.25 |
|
acre tract, being approximate northeast corner of the remainder of |
|
that 53.50 acre tract conveyed to Minnie Rogers by deed recorded in |
|
Volume 210, Page 210 of the said Deed Records, for a total distance |
|
of 2711.59 feet to a 5/8" iron pipe found on a curve to the left in |
|
the northerly right of way line of State Highway FM 967; |
|
THENCE, with the common line between the said 700.03 acre |
|
tract and the northerly right-of-way line of State Highway 967, |
|
with the said curve to the left having a central angle of 09 18'06", |
|
a radius of 1949.86 feet, a chord distance of 316.20 feet(chord |
|
bears N84 31'41"W), for an arch distance of 316.55 feet to a 5/8" |
|
iron rod found with aluminum cap stamped "Kent McMillan, Land |
|
Surveyor, RPLS 4341" for the point of tangency and southwest corner |
|
of the herein described tract, said point being 40.00 feet right of |
|
State Highway RM 967 centerline station 587+49.3, from which a 5/8" |
|
iron rod found with aluminum cap stamped "Kent McMillan, Land |
|
Surveyor, RPLS 4341" in the common line between said 700.03 acre |
|
tract and northerly right-of-way line of State Highway FM 967, |
|
being 40.00 feet right of State Highway FM 967 centerline station |
|
599+95.5, bears N89 12'09"W, 1247.30 feet; |
|
THENCE, leaving the said northerly right-of-way line of State |
|
Highway FM 967, across the said 700.03 acre tract, for the following |
|
twenty-three (23) courses: |
|
1. N26 35'43"E, 75.57 feet to a 1/2" iron rod set with |
|
plastic cap: |
|
2. N60 22'29"E, 114.26 feet to a 1/2" iron rod set with |
|
plastic cap: |
|
3. N29 56'27"E, 113.65 feet to a 1/2" iron rod set with |
|
plastic cap: |
|
4. N45 13'37"E, 150.25 feet to a 1/2" iron rod set with |
|
plastic cap: |
|
5. N63 12'48"E, 153.98 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
6. N01 16'37"W, 177.11 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
7. N18 36'23"E, 192.00 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
8. N17 32'26"E, 215.74 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
9. N08 30'37"W, 228.34 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
10. N12 51'33"E, 225.06 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
11. N30 34'17"E, 272.18 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
12. N17 49'54"E 197.44 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
13. N27 03'16"E, 206.14 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
14. N01 02'08"E, 168.03 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
15. N33 11'56"E, 124.67 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
16. N65 03'19"E, 84.41 feet to a 1/2" iron rod set with |
|
plastic cap; |
|
17. S78 37'03"E, 375.19 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
18. N71 57'45"E, 177.28 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
19. S82 55'15"E, 267.33 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
20. S78 02'17"E, 468.31 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
21. S71 01'01"E, 274.19 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
22. S81 56'14"E, 349.24 feet to a 1/2" iron rod set |
|
with plastic cap; |
|
23. S83 13'49"E, 111.37 feet to a 5/8" iron rod found |
|
with aluminum cap stamped "Kent McMillan, Land Surveyor, RPLS 4341" |
|
on an easterly line of the said 700.03 acre tract, being a westerly |
|
line created from the remainder of that certain Michael Giles |
|
Rutherford tract, form which a metal gate post found for an ell |
|
corner of the said 700.03 acre tract bears N01 00'52"W, 17.61 feet; |
|
THENCE, S01 00'52"E, across the said Michael Giles Rutherford |
|
tract, with an easterly line of the said 700.03 acre tract, at a |
|
distance of 1885.44 feet to the left, at 2084.56 feet pass a 5/8" |
|
iron rod found, stamped "Kent McMillan, Land Surveyor, RPLS 4341", |
|
0.07 feet to the left, for a total distance of 2104.37 feet to the |
|
PLACE OF BEGINNING, CONTAINING within these metes and bounds of |
|
128.166 acres of land area. |
|
TRACT III |
|
FIELDNOTE DESCRIPTION OF A 0.1793 acre tract of the Freelove |
|
Woody Survey No. 23, Abstract No.20, Hays County, Texas, being a |
|
portion of that certain tract, described as First Tract, conveyed |
|
to Michael Giles Rutherford (First Tract) by deed recorded in |
|
Volume 197, Page 45 of the Deed Records of Hays County, Texas; the |
|
said 0.1793 acre tract is more particularly described by metes and |
|
bounds as follows: |
|
BEGINNING at a cotton in spindle found on the easterly line of |
|
that 522.25 acre tract conveyed to Michael Giles Rutherford by deed |
|
recorded in Volume 3799, Page 263 of the Official Public Records of |
|
Hays County, Texas, same being the southwest corner of that 177.762 |
|
acre tract described as Exhibit A-1, as conveyed to LSM Ranch, Ltd. |
|
By deed recorded in Volume 1628, Page 206 of the said Deed Records |
|
and the proposed southwest corner of Rim Rock, Phase One, Section |
|
Five, subdivision; |
|
THENCE, N87 51'36"E, leaving the easterly line of the said |
|
522.25 acre tract, across the said First Tract, with the southerly |
|
line of the said 177.762 acre tract and proposed Rim Rock, Phase |
|
One, Section Five subdivision, for a distance of 99.82 feet to a |
|
calculated point for the northeast corner of the herein described |
|
tract, same being the most northerly northwest corner of Lot 34, |
|
Block 'A', Rutherford West, Section 2, a subdivision recorded in |
|
Book 14, pages 49 through 53 of the Plat Records of Hay County, |
|
Texas, from which a 1/2"iron rod found with plastic cap marked |
|
"Capital Surveying Company, Inc", bears N00 32'40"W, 0.13 feet; |
|
THENCE, leaving the southerly line of the said 177.762 acre |
|
tract and proposed Rim Rock, Phase One, Section Five, subdivision, |
|
across the said First Tract, with the westerly and northerly lines |
|
of said Lot 34, Block 'A", for the following two (2) courses: |
|
1. S00 32'40"E, 81.34 feet to a 1/2"iron rod found with |
|
plastic cap marked "Capital Surveying Company, Inc., found; |
|
2. N88 52'48"W, 99.21 feet 1/2"iron rod found with |
|
plastic cap marked "Capital Surveying Company, Inc., found for the |
|
most westerly northwest corner of aforesaid Lot 34, Block 'A', same |
|
being on the easterly line of the aforesaid 522.25 acre tract and |
|
the southwest corner of the herein described tract; |
|
THENCE, N01 00'52"W, leaving the northerly line of said Lot |
|
34, Block 'A', and continuing across the said First Tract, easterly |
|
line of the aforesaid 522.25 acre tract, at a distance of 58.07 feet |
|
pass a 5/8" iron rod, with aluminum cap marked "Kent McMillan, |
|
Surveyor, RPLS 4341", found and continuing for a total distance of |
|
75.68 feel to the PLACE OF BEGINNING, CONTAINING within these metes |
|
and bounds 0.1793 acres of land area. |
|
The Bearing Basis for this description is the Texas State |
|
Plane Coordinate System, South Central Zone, NAD 83 Datum, derived |
|
from GPS Survey occupations. |
|
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 |
|
7982, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7982.109 to read as follows: |
|
Sec. 7982.109. 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, 2017. |