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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Bear Creek Ranch Municipal Utility |
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District No. 1 of Parker County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8078 to read as follows: |
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CHAPTER 8078. BEAR CREEK RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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PARKER COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8078.0101. 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 Bear Creek Ranch Municipal |
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Utility District No. 1 of Parker County. |
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Sec. 8078.0102. 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. 8078.0103. CONFIRMATION AND DIRECTOR 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. 8078.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8078.0103 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. 8078.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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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. 8078.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8078.0201. 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 8078.0202, directors |
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serve staggered four-year terms. |
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Sec. 8078.0202. TEMPORARY DIRECTORS. (a) On or after |
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September 1, 2019, the owner or owners of a majority of the assessed |
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value of the real property in the district may submit a petition to |
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the commission requesting that the commission appoint as temporary |
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directors the five persons named in the petition. The commission |
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shall appoint as temporary directors the five persons named in the |
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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 8078.0103; or |
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(2) September 1, 2023. |
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(c) If permanent directors have not been elected under |
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Section 8078.0103 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 8078.0103; 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. 8078.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8078.0302. 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. 8078.0303. 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. 8078.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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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. 8078.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8078.0306. 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 |
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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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8078.0103 to confirm the district's creation. |
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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 8078.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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8078.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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(j) 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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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8078.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The 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 8078.0403. |
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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. 8078.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8078.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8078.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8078.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8078.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8078.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Bear Creek Ranch Municipal Utility District |
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No. 1 of Parker County initially includes all the territory |
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contained in the following area: |
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BEING 2055.70 acres of land situated in the JAMES BRADLEY SURVEY, |
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ABSTRACT No. 119, JAMES BRADLEY SURVEY, ABSTRACT No. 120, JOHN D. |
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BAY SURVEY, ABSTARCT NO. 195, J.H. REAN SURVEY, ABSTRACT No. 1106, |
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T.J. BENDERMAN SURVEY, ABSTRACT No. 2519, I. & G.N. RR. CO., |
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SECTION NO. 3, BLOCK 1, ABSTRACT NO. 1799 and the PETER B. HOLDER |
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SURVEY, ABSTRACT No. 614, Parker County, Texas, being a portion of |
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those certain tracts of land described in deed as Parcel No. 1 and |
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Parcel No. 2, to The Dixon Foundation, recorded in Book 2416, Page |
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417, Official Public Records, Parker County, Texas, said 2055.70 |
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acres being more particularly described as follows: |
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BEGINNING at the most westerly northwest corner of said Parcel |
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No. 2, in Bear Creek Road (Right-of-Way varies), from which a 2" |
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steel fence corner post found in the south line of said Bear Creek |
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Road bears S 01°12'56" E, a distance of 40.00 feet, for reference, |
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said BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate |
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value of NORTH: 6918277.984 and EAST: 2233063.538, for reference; |
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THENCE along Bear Creek Road, as follows: |
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S 67°36'03" E, a distance of 3869.57 feet to the most northerly |
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northeast corner of said Parcel No. 2; |
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S 02°12'27" E, a distance of 1472.57 feet to a point; |
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S 55°59'27" E, a distance of 1165.45 feet to a point; |
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S 71°46'27" E, a distance of 801.00 feet to a point; |
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S 70°43'19" E, a distance of 221.91 feet to a point; |
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S 70°45'54 E, a distance of 1742.88 feet to a point for the most |
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northerly northeast corner of the herein described 2055.70 acre |
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tract; |
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THENCE S 24°06'27" W, leaving said Bear Creek Road, passing the |
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northwest corner of that certain tract of land described in deed to |
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Kevin Reeves, recorded in Instrument Number 2017-02400, Official |
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Public Records, Parker County, Texas, and continuing along the most |
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west line of said Reeves tract, in all, a distance of 1186.42 feet |
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to a point from which a 5/8" iron rod found bears N 60°42'50" W, a |
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distance of 0.42 feet, for reference; |
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THENCE along the southwesterly lines of said Reeves tract as |
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follows: |
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S 60°42'50" E, a distance of 230.94 feet to a 5/8" iron rod found; |
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S 14°49'14" E, a distance of 744.61 feet to a 5/8" iron rod found; |
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N 72°21'34" E, a distance of 390.26 feet to a point from which a 3" |
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steel pipe fence post bears N 06°43'26" W, a distance of 1.25 feet |
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for reference; |
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S 00°10'37" W, a distance of 764.25 feet to a 1/2" iron rod found at |
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the southwest corner of said Reeves tract, being in the north line |
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of a Seventy (70) foot wide Transmission Easement and Right-of-Way |
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recorded in Book 2684, Page 531 and Book 2734, Page 1161, Official |
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Public Records, Parker County, Texas; |
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THENCE along the south line of said Reeves tract and the north line |
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of said Transmission Easement and Right-of-Way, as follows: |
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N 89°17'27" E, a distance of 766.57 feet to a point; |
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S 87°58'20" E, a distance of 852.96 feet to a point; |
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S 87°37'59" E, a distance of 500.58 feet to a point in the west |
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occupied line of said Bear Creek Road, at the southeast corner of |
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said Reeves tract; |
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THENCE S 20°01'40" E, along the west occupied line of said Bear Creek |
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Road, a distance of 75.70 feet to a 5/8" capped iron rod found |
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stamped "Brooks Baker", being in the most easterly south line of |
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said Parcel No. 2; |
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THENCE along the most easterly south line of said Parcel No. 2, as |
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follows: |
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N 87°38'33" W, a distance of 529.23 feet to a point; |
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N 87°58'55" W, a distance of 851.08 feet to a point; |
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S 89°16'51" W, a distance of 765.97 feet to a point at the most |
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southerly southwest corner of said Parcel No. 2 and being in the |
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east line of said Parcel No. 1; |
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THENCE S 03°54'04" E, along the east line of said Parcel No. 1 and |
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along the called east line of said BENDERMAN SURVEY, a distance of |
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10017.79 feet to a 2" pipe in concrete at the southeast corner of |
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said Parcel No. 1 and being the called southeast corner of said |
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BENDERMAN SURVEY; |
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THENCE S 89°26'10" W, along the south line of said Parcel No. 1 and |
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along the called south line of said BENDERMAN SURVEY, a distance of |
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1606.98 feet to a 5/8" capped iron rod found stamped "Brooks Baker"; |
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THENCE S 89°48'07" W, continuing along the south line of said Parcel |
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No. 1 and continuing along the called south line of said BENDERMAN |
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SURVEY, a distance of 3711.27 feet to a 2" pipe in concrete found at |
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the most southerly southwest corner of said Parcel No. 1; |
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THENCE N 01°35'25" W, along the most southerly west line of said |
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Parcel No. 1, a distance of 1216.91 feet to a 2" pipe in concrete |
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found at an interior corner of said Parcel No. 1 and being in the |
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called south line of said J.H. REAN SURVEY; |
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THENCE N 89°19'15" W, along the most westerly south line of said |
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Parcel No. 1 and along the called south line of said J.H. REAN |
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SURVEY, a distance of 660.00 feet to a 2" pipe in concrete found at |
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the most westerly southwest corner of said Parcel No. 1 and being |
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the called southwest corner of said J.H. REAN SURVEY; |
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THENCE along the west line of said Parcel No. 1 and along the called |
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west line of said J.H. REAN SURVEY, as follows: |
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N 00°01'41" W, a distance of 2676.89 feet to a 5/8" iron rod found; |
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N 00°04'03" W, a distance of 1981.74 feet to a 5/8" iron rod found; |
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N 00°10'29" E, a distance of 1520.50 feet to a 5/8" iron rod found; |
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N 00°04'43" W, a distance of 1097.99 feet to a 5/8" iron rod found; |
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N 00°02-24" W, a distance of 901.55 feet to a 1/2" capped iron rod |
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set stamped "C.F. Stark RPLS 5084"; |
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N 00°25'07" W, a distance of 984.78 feet to a 2" pipe in concrete |
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found at an interior corner of said Parcel No. 1; |
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THENCE N 89°37'52" W along the most northerly south line of said |
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Parcel No. 1, a distance of 2013.88 feet to a 1/2" capped iron rod |
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set stamped "C.F. Stark RPLS 5084, at the most westerly southwest |
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corner of said Parcel No. 1; |
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THENCE ' N 00°45'08" W, along the most westerly west line of said |
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Parcel No. 1, a distance of 1196.14 feet to a 5/8" rod found; |
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THENCE N 01°17'22" W, continuing along the most westerly west line |
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of said Parcel No. 1, a distance of 1964.12 to a 5/8" capped iron |
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rod found stamped "Brooks Baker" at the northwest corner of said |
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Parcel No. 1 and being the southwest corner of said Parcel No. 2, |
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from which a 5/8" capped iron rod found (not legible) bears S |
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88°46'12" E, a distance of 728.31 feet for reference; |
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THENCE N 01°17'05" W, along the west line of said Parcel 2, a |
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distance of 3591.76 feet to the POINT OF BEGINNING and containing |
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2055.70 acres, more or less. |
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Being a 235.50 acre tract situated in the I & G.N. RAILROAD CO. |
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SURVEY, ABSTRANCT NO. 1783, AND THE A.J. OTTO SURVEY, ABSTRACT NO. |
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2340, Parker County, Texas and being all of the land conveyed to |
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Kolb Ranch, LLC as evidenced by deed recorded in County Clerk |
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Documents No. 2018-13108 and 2018-14455, said 235.50 acres being |
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further described in metes and bounds as follow: |
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BEGINNING at a 1/2inch iron rod found in the west line of the Curtis |
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D. Johnson, Jr. et al. tract, recorded in instrument |
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No. 2013-12796, Official Public Records, Parker County, Texas, for |
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the southeast corner of this tract. Said southeast corner also |
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being the northeast corner of Maravilla Vistas Addition, and |
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addition to Parker County, Texas recorded in Cabinet E, Slide 13, |
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Plat Records, Parker County, Texas and having a NAD 83 coordinate of |
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N: 6921387.53, E: 2234996.34; |
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THENCE N 63°51'23" W along the north line of said Maravilla Vistas |
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Addition, a distance of 1836.72 feet to a 1/2 inch iron rod found in |
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the east line of the Vina Louise Klasing tract as recorded in Volume |
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1548, Page 1187, Deed Records Parker County, Texas for the most |
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southern southwest corner of this tract, said most southern |
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southwest corner also being the northwest corner of said Maravilla |
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Vistas; |
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THENCE N 31°50'01" E, along the east line of said Klasing tract, a |
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distance of 507.08 feet to a 1/2 inch iron rod set stamped "C.F. |
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Stark 5084" for an interior corner of this tract; |
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THENCE N 37°39'16" W, along the north line of said Klasing tract, a |
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distance of 662.15 feet to a 1/2 inch iron rod found in the west line |
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of said Klasing tract and the east line of La Madera, Phase 3, an |
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addition to Parker County, Texas recorded in Cabinet D, Slide 219, |
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Plat Records, Parker County, Texas, continuing along the north line |
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of said La Madera Phase 3 a total distance of 2642.59 feet to a 1/2 |
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inch iron rod found in the south line of McDavid Springs, an |
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addition to Parker County, Texas recorded in Cabinet C, Slide 726, |
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Plat Records, Parker County, Texas, for the most western southwest |
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corner of this tract, said most western southwest corner also the |
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northwest corner of said La Madera addition; |
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THENCE N 61°45'54" E, along the south line of said McDavid Springs |
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addition, a distance of 1335.26 feet to a 3 inch metal pipe post |
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found for an interior corner of this tract, said 3 inch metal pipe |
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post also being a corner for the McDavid Springs addition; |
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THENCE N 00°11'28" W, along the east line of said McDavid Springs |
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addition, a distance of 347.16 feet to a 3 inch metal pipe post |
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found for the northwest corner of this tract, said northwest corner |
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also being the southwest corner of the River Creek Addition, an |
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addition to Parker County recorded in Cabinet B, Slide 296, Plat |
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Records, Parker County, Texas; |
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THENCE, along the south line of said River Creek addition and the |
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south line of the Montex Drilling tract, recorded in Vol. 274, Pg. |
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244, Deed Records, Parker County, Texas as follows: |
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N 89°20'01" E, a distance of 1582.81 feet to a 1/2 inch iron |
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rod set stamped "C.F. Stark 5084" |
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N 89°24'23" E, a distance of 1099.43 feet to a 3 inch metal |
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pipe post found in the west line of the W.A. Moncrief tract, |
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recorded Vol. 523, Pg. 620, Deed Records, Parker County, Texas, for |
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the most northern northeast corner of this tract, said most |
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northern northeast corner also being the southeast corner of said |
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Montex Drilling tract; |
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THENCE S 01°03'51" E, along the west line of said Moncrief tract, a |
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distance of 527.13 feet to a 3 inch metal pipe post found in the |
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north line of said Johnson tract for a corner of this tract, said |
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corner also the southwest corner of the Moncrief tract and the |
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northwest corner of said Johnson tract; |
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THENCE S 52°21'34" W, along the northwesterly line of said Johnson |
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tract, a distance of 1487.07 feet to a 1/2 inch iron rod found |
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stamped "Harlan" for an interior corner of this tract, said |
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interior corner also being a the most westerly southwest corner of |
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said Johnson tract; |
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THENCE S 63°51'14" E, along the southwesterly line of said Johnson |
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tract, a distance of 1555.29 feet to a 1/2 inch iron rod found |
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stamped "Harlan" for the most easterly northeast corner of this |
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tract, said most easterly northeast corner also being an interior |
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corner of said Johnson tract; |
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THENCE S 26°08'47" W, along the west line of said Johnson tract, a |
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distance of 2473.48 feet to the POINT OF BEGINNING, and containing |
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235.50 acres (10,258,662.02 square feet) more or less. |
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BEING 215.30 acres situated in the I & G.N. RR. CO. SURVEY, Abstract |
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No. 1783, the W.H. JONES SURVEY, Abstract No. 2395 and the J. |
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BRADLEY SURVEY, Abstract No. 120, Parker County, Texas, being all |
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of that certain tract of land described in deed to Curtis D. |
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Johnson, Jr., et al, recorded in Instrument Number 201312796, |
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Official Records, Parker County, Texas, being more particularly |
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described as follows: |
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BEGINNING at a 3" metal pipe post found at the most northerly |
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northwest corner of said Johnson, Jr., et al tract and being the |
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most easterly southeast corner of that certain tract of land |
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described in deed to James P. McFarland, IV, recorded in Volume |
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2606, Page 1426, Official Records, Parker County, Texas, said |
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BEGINNING point having a NAD 83, Zone 4202 (Grid) coordinate value |
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of NORTH:6925201.42 and EAST:2235867.72, for reference; |
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THENCE N 88°48'42" E, along the north line of said Johnson, Jr., et |
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al, tract, a distance of 1011.13 feet to a 3" concrete filled metal |
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post found; |
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THENCE S 89°54'31" E, continuing along the north line of said |
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Johnson, Jr., et al, tract, a distance of 1002.32 feet to a 3" |
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concrete filled metal post found at the northeast corner of said |
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Johnson, Jr., et al, tract; |
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THENCE along the east and southeasterly line of said Johnson, Jr., |
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et al, tract, as follows: |
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S 00°18'33" W, a distance of 729.65 feet to a 3" concrete filled |
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metal post found; |
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N 89°14'08" W, a distance of 333.23 feet to a 1/2" capped iron rod |
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set stamped "C.F. Stark RPLS 5084"; |
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S 26°08'40" W, at a distance of 7451.86 feet, passing a 1/2" iron rod |
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found in the occupied north line of Bear Creek Road (Right-of-Way |
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varies), and continuing, in all, a distance of 7472.30 feet to a |
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point in said Bear Creek Road; |
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THENCE N 67°45'12" W, along Bear Creek Road, a distance of 919.65 |
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feet to a point at the southwest corner of said Johnson, Jr., et al, |
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tract; |
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THENCE N 26°08'53" E, leaving said Bear Creek Road, at a distance of |
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20.20 feet passing a 1/2" capped iron rod found stamped "Harlan" in |
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the occupied north line of said Bear Creek Road, and continuing, |
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passing the southeast corner of MARAVILLA VISTAS, an Addition to |
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Parker County, Texas, according to the Plat recorded in Cabinet D, |
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Slide 491, Plat Records, Parker County, Texas, and continuing along |
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the common line of said Johnson, Jr., et al, tract and said |
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MARAVILLA VISTAS (recorded in Cab. D, Slide 491), at a distance of |
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2465.14 feet, passing a 1/2" capped iron rod found stamped "Texas |
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Surveying" at the northeast corner of said MARAVILLA VISTAS |
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(recorded in Cab. D, Slide 491) and being the southeast corner of |
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MARAVILLA VISTAS, an Addition to Parker County, Texas, according to |
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the Plat recorded in Cabinet E, Slide 13, Plat Records, Parker |
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County, Texas, and continuing along the common line of said |
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Johnson, Jr., et al, tract and said MARAVILLA VISTAS (recorded in |
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Cab. E, Slide 13), in all, a distance of 3622.23 feet to a 1/2" iron |
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rod found at the northeast corner of said MARAVILLA VISTAS |
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(recorded in Cab. E, Slide 13); |
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THENCE N 26°08'47" E, along the northwesterly line of said Johnson, |
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Jr., et al, tract, a distance of 2473.48 feet to a 1/2" capped iron |
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rod found stamped "Harlan" at an ell corner of said Johnson, Jr., et |
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al, tract; |
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THENCE N 63°51'14" W, along a northerly south line of said Johnson, |
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Jr., et al, tract, a distance of 1555.29 feet to a 1/2" capped iron |
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rod found stamped "Harlan" at the most westerly northwest corner of |
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said Johnson, Jr., et al, tract, being in the southeasterly line of |
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that certain tract of land described in deed to James P. McFarland, |
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IV, recorded in Volume 2606, Page 1426, Official Records, Parker |
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County, Texas, from which a 1/2" capped iron rod found stamped |
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"Harlan" bears S 52°17'02" W, a distance of 99.95 feet, for |
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reference; |
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THENCE N 52°21'34" E, along the common line of said Johnson, Jr., et |
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al, tract and said James P. McFarland, IV, a distance of 1487.07 |
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feet to the POINT OF BEGINNING and containing 215.30 acres of land, |
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more or less. |
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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. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8078, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8078.0307 to read as follows: |
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Sec. 8078.0307. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect September 1, 2019. |