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A BILL TO BE ENTITLED
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AN ACT
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relating to the temporary board of and financing of certain |
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facilities and improvements by the LaSalle Municipal Utility |
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District No. 3; providing authority to impose an assessment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 8474.052(a) and (b), Special District |
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Local Laws Code, are amended to read as follows: |
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(a) The temporary board consists of: |
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(1) Jeremy Mazur; |
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(2) Curtis Davidson; |
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(3) Ross Allen; |
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(4) Edward Wilhelm; and |
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(5) Brent Covert [On or after the effective date of the
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Act enacting this chapter, the owner or owners of a majority of the
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assessed value of the real property in the district may submit a
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petition to the commission requesting that the commission appoint
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as temporary directors the five persons named in the petition. The
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commission shall appoint as temporary directors the five persons
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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 8474.003; or |
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(2) the fourth anniversary of the effective date of |
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their designation [the Act enacting this chapter]. |
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SECTION 2. Chapter 8474, Special District Local Laws Code, |
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is amended by adding Subchapter F to read as follows: |
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SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS |
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Sec. 8474.251. PETITION REQUIRED FOR FINANCING |
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IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS. (a) |
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Except as provided by this subchapter, the board may finance the |
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construction or maintenance of a recreational facility or |
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improvement with assessments on property under this subchapter only |
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if: |
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(1) a written petition requesting that facility or |
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improvement has been filed with the board; and |
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(2) the board holds a hearing on the proposed |
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assessments. |
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(b) The petition must be signed by the owners of a majority |
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of the assessed value of real property in the district subject to |
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assessment according to the most recent certified tax appraisal |
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roll for the county. |
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Sec. 8474.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND |
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MAINTENANCE. An improvement or recreational facility project may |
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include the planning, design, construction, improvement, and |
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maintenance of: |
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(1) landscaping; |
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(2) marinas and bridges; |
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(3) lighting, banners, and signs; |
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(4) hiking and cycling paths or trails; |
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(5) sidewalks, pedestrian walkways, skywalks, |
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crosswalks, or tunnels; |
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(6) ponds, lakes, recreational facilities, or scenic |
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areas; |
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(7) plazas or pedestrian malls; |
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(8) drainage or navigation improvements; or |
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(9) solid waste, water, sewer, or power facilities, |
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including electrical and gas power facilities. |
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Sec. 8474.253. 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. 8474.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An |
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assessment or a reassessment imposed under this subchapter by the |
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district, penalties and interest on an assessment or reassessment, |
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an expense of collection, and reasonable attorney's fees incurred |
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by the district: |
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(1) are a first and prior lien against the property |
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assessed; |
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(2) are superior to any other lien or claim other than |
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a lien or claim for county, school district, or municipal ad valorem |
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taxes; and |
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(3) are the personal liability of and a charge against |
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the owners of the property even if the owners are not named in the |
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assessment proceedings. |
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(b) The lien is effective from the date of the board's |
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resolution imposing the assessment until the date the assessment is |
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paid. The board may enforce the lien in the same manner that the |
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board may enforce an ad valorem tax lien against real property. |
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(c) The board may make a correction to or deletion from the |
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assessment roll that does not increase the amount of assessment of |
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any parcel of land without providing notice and holding a hearing in |
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the manner required for additional assessments. |
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Sec. 8474.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS. |
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The district may not impose an assessment on the property, |
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including the equipment, rights-of-way, facilities, or |
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improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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SECTION 3. Section 2, Chapter 627, Acts of the 83rd |
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Legislature, Regular Session, 2013, is amended to read as follows: |
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Sec. 2. The LaSalle Municipal Utility District No. 3 |
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initially includes all the territory contained in the following |
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area: |
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BEING A 419.9-ACRE [18,289,842 SQUARE FEET] TRACT OF LAND OUT OF THE |
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WILLIAM HEMPHILL SURVEY, ABSTRACT NUMBER 221, HAYS COUNTY, TEXAS, |
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SAID 419.9-ACRE TRACT BEING A PORTION OF SAID 765.035-ACRE TRACT |
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AND THAT CALLED 171.236-ACRE TRACT DESCRIBED IN GENERAL WARRANTY |
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DEED TO LASALLE HOLDINGS, LTD. AS RECORDED IN VOLUME 3030, PAGE 657, |
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O.P.R.H.C.T., SAID 419.9-ACRE TRACT BEING MORE PARTICULARLY |
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DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING at a 1/2-inch iron rod with cap marked "BYRN" found for an |
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angle point in said apparent west right-of-way line of County Road |
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158, same being said east line of the 765.035-acre tract, and from |
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which a 1/2-inch iron rod with cap marked "BYRN" found for an angle |
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point in said apparent west right-of-way line of County Road 158 and |
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said east line of the 765.035-acre tract bears N44°30'44"E, a |
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distance of 9.02 feet; |
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THENCE with said apparent west right-of-way line of County Road 158 |
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and said east line of the 765.035-acre tract, S46°10'38"E, a |
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distance of 1,134.71 feet to an angle point and east corner of the |
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tract described herein; |
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THENCE leaving said apparent west right-of-way line of County Road |
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158 and said east line of the 765.035-acre tract, crossing said |
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765.035-acre tract, the following eight (8) courses and distances: |
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1) S43°33'39"W, a distance of 551.53 feet to a point of |
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curvature of a tangent circular curve to the right, |
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2) with the arc of said curve to the right a distance of |
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372.28 feet, said curve having a radius of 1,000.00, a central angle |
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of 21°19'49" and a chord bearing S56°26'13"W, a distance of 370.14 |
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feet to a point of tangency, |
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3) S67°06'07"W, a distance of 20.00 feet to a point of |
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curvature of a tangent circular curve to the left, |
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4) with the arc of said curve to the left a distance of |
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1,807.51 feet, said curve having a radius of 1,738.00, a central |
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angle of 59°35'14" and a chord bearing S36°34'11"W, a distance of |
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1,727.15 feet to a point of tangency, |
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5) S06°46'34"W, a distance 123.00 feet to a point of |
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curvature of a tangent circular curve to the right; |
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6) with the arc of said curve to the right a distance of |
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314.79 feet, said curve having a radius of 1000.00, a central angle |
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of 18°02'10" and a chord bearing S13°06'47"W, a distance of 313.49 |
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feet to a point of tangency, |
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7) S22°07'52"W, a distance of 804.54 feet to an angle point, |
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and |
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8) S45°37'13"E, a distance of 1,831.04 feet to a point in |
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said apparent west right-of-way line of County Road 158, same being |
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said southeast line of the northerly portion of the 765.035-acre |
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tract; |
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THENCE with said apparent west right-of-way line of County Road 158 |
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and said southeast line of the northerly portion of the |
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765.035-acre tract, the following two (2) courses and distances: |
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1) S42°49'27"W, a distance of 267.87 feet to a 1/2-inch iron |
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rod found for an angle point, and |
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2) S42°49'52"W, a distance of 1010.10 feet to a 1/2-inch iron |
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rod found for an angle point, same being the east corner of said |
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171.236-acre tract; |
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THENCE continuing with said apparent west right-of-way line of |
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County Road 158, with the southeast line of said 171.236-acre |
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tract, the following four (4) courses and distances: |
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1) S42°55'59"W, a distance of 1818.65 feet to a 1/2-inch iron |
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rod with cap marked "4069" found for an angle point, |
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2) S43°46'38"W, a distance of 453.62 feet to a 1/2-inch iron |
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rod with cap marked "4069" found for an angle point, |
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3) S42°37'22"W, a distance of 425.56 feet to a 1/2-inch iron |
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rod found, and |
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4) S44°15'44"W, a distance of 57.00 feet to an angle point; |
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THENCE leaving said apparent west right-of-way line of County Road |
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158 and said southeast line of the 171.236-acre tract, crossing |
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said 171.236-acre tract, N46°54'57"W, passing at a distance of |
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2,013.35 feet point in the northwest line of said 171.236-acre |
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tract, and crossing said 765.035-acre tract an additional distance |
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of 1,346.73 feet, for a cumulative distance of 3,360.08 feet to a |
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point in the northwest line of said 765.035-acre tract, same being |
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the southeast line of said 468.288-acre tract; |
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THENCE with said northwest line of the 765.035-acre tract and said |
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southeast line of the 468.288-acre tract, the following three (3) |
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courses and distances: |
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1) N43°40'32"E, a distance of 3,769.94 feet to a 1/2-inch |
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iron rod found for an angle point, |
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2) N46°10'24"W, a distance of 240.36 feet to a 1/2-inch iron |
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rod found for an angle point, and |
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3) N42°54'40"E, a distance of 2,001.13 feet to a 1/2-inch |
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iron rod found for the east corner of said 468.288-acre tract; |
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THENCE leaving said northwest line of the 765.035-acre tract and |
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said southeast line of the 468.288-acre tract, crossing said |
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765.035-acre tract, N42°53'58"E, a distance of 3,045.94 feet to the |
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POINT OF BEGINNING and containing 419.9 acres [18,289,842 square |
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feet]. |
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[FIELD NOTE DESCRIPTION OF 320.71 ACRES OF LAND OUT OF THE WILLIAM
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HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
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PORTION OF THAT CERTAIN (765.035 ACRE) TRACT OF LAND AS CONVEYED TO
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LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
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2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
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TOGETHER WITH A PORTION OF THAT CERTAIN (171.236) ACRE) TRACT OF
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LAND AS CONVEYED TO LASALLE HOLDINGS, LTD. BY GENERAL WARRANTY DEED
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RECORDED IN VOLUME 3030 PAGE 657 OF THE OFFICIAL PUBLIC RECORDS OF
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HAYS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
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AND BOUNDS AS FOLLOWS:
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[BEGINNING FOR REFERENCE at 1/2" iron rod found in the Northeast
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right-of-way line of Yarrington Road for the most Westerly corner
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of that certain (765.035 acre) tract of land as conveyed to LaSalle
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Holdings, Ltd. By Special Warranty Deed recorded in Volume 2909
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Page 684 of the Official Public Records of Hays County, Texas, and
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for the most Southerly corner of that certain (468.288 acre) tract
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of land described as "Tract 2" in deed to F.M. 158 Land, Ltd. As
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recorded in Volume 2702 Page 613 of the Official Public Records of
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Hays County, Texas;
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[THENCE leaving the Northeast right-of-way line of Yarrington Road
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with a Northwesterly line of said LaSalle Holdings (765.035 acre)
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tract, N 44 deg. 14'37"E 963.10 ft. to a point for the North corner
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and PLACE OF BEGINNING of the herein described tract of land;
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[THEN continuing with a Northwesterly line of said LaSalle Holdings
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(765.035 acre) tract, the following three (3) courses:
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[1) N 44 deg. 14' 37" E 2807.00 ft.;
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[2) N 45 deg. 27' 33" W 240.49 ft.;
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[3) N 43 deg. 28' 18" E 1300.84 ft. to a point for the most
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Northerly corner of this tract, and from which a capped iron rod
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found (marked "Byrn" for an angle corner of said LaSalle Holdings
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(765.035 acre) tract bears N 43 deg. 28' 18" E 700.00 ft.;
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[THENCE crossing the interior of said LaSalle Holdings (765.035
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acre) tract with the Northeast line of this tract, S 45 deg. 39' 03"
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E 3568.62 ft. to a point in the Northwest line of Hays County Road
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No. 158 and in the Southeast line of said LaSalle Holdings (765.035
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acre) tract and being the most Easterly corner of this tract, and
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from which a 1/2" iron rod found in the Northwest line of Hays
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County Road No. 158 and in the Southeast line of said LaSalle
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Holdings (765.035 acre) tract bears N 43 deg. 23' 01" E 1294.66 ft.;
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[THENCE with the Northwest line of Hays County Road No. 158 and with
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the Southeast line of said LaSalle Holdings (765.035 acre) tract,
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the following two (2) courses;
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[1) S 43 deg. 23' 01" W 302.20 ft. to a 1/2" iron rod found;
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[2) S 43 deg. 23' 51" W 1010.30 ft. to a 1/2" iron rod found
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for the most Southerly corner of said LaSalle Holdings (765.035
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acre) tract and for the most Easterly corner of that certain
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(171.236 acre) tract of land as conveyed to LaSalle Holdings, Ltd.
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By General Warranty Deed recorded in Volume 3030 Page 657 of the
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Official Public Records of Hays County, Texas;
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[THENCE with the Northwest line of Hays County Road No. 158 and with
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the Southeast line of said LaSalle Holdings (171.236 acre) tract,
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the following four (4) courses;
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[1) S 43 deg. 29' 43" W 1818.92 ft. to a capped iron rod found
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(marked "4069");
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[2) S 44 deg. 22' 05" W 453.62 ft. to a capped iron rod found
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(marked "4069);
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[3) S 43 deg. 10' 19" W 425.56 ft. to a 1/2" iron rod found;
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[4) S 44 deg. 50' 25" W 57.00 ft. to a point for the West
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corner of this tract and from which a capped iron rod found (marked
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"4069), bears S 44 deg. 50' 25" W 65.22 ft.;
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[THENCE leaving the Northwest line of Hays County Road No. 158 and
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crossing the interiors of said LaSalle Holdings (171.236 acre)
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tract and LaSalle Holdings (765.035 acre) tract with the Northwest
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line of this tract, N 46 deg. 21' 22" W 3360.37 ft. to the PLACE OF
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BEGINNING, containing 320.71 acres of land.] |
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SECTION 4. (a) All governmental and proprietary actions of |
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the LaSalle Municipal Utility District No. 3 taken before the |
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effective date of this Act, including the creation of the district, |
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the consent to create the district granted by the City of San |
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Marcos, the consent agreement relating to the district and any |
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amendments to that agreement, and any extension of time in which to |
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hold a confirmation election for the district, are validated, |
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ratified, and confirmed in all respects. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 5. (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 6. For purposes of Section 8474.052(b)(2), Special |
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District Local Laws Code, as amended by this Act, the effective date |
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of the temporary directors' designation is the effective date of |
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this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |