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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 Martindale Municipal Utility |
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District No. 1 of Caldwell County, Texas; granting a limited power |
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of eminent domain; providing authority to issue bonds; providing |
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authority to 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 7989A to read as follows: |
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CHAPTER 7989A. MARTINDALE MUNICIPAL UTILITY DISTRICT NO. 1 OF |
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CALDWELL COUNTY, TEXAS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7989A.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 Martindale Municipal Utility |
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District No. 1 of Caldwell County, Texas. |
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Sec. 7989A.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. 7989A.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. 7989A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7989A.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 as required by |
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applicable law. |
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Sec. 7989A.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. 7989A.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. 7989A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7989A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7989A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Carson Vaughn; |
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(2) Jarrod Tyler Karonika; |
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(3) Randall Lavender; |
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(4) Jeffrey Grier; and |
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(5) Josue Limon. |
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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 7989A.0103; 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 7989A.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 7989A.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. 7989A.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. 7989A.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. 7989A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7989A.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. 7989A.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. 7989A.0306. DIVISION OF DISTRICT. (a) The board, on |
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its own motion or on receipt of a petition signed by the owner or |
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owners of a majority of the assessed value of the real property in |
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the district, may adopt an order dividing the district. |
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(b) An order dividing a district may create one or more new |
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districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any 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 the districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided only if the district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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(f) A 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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(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) 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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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(k) A 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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(l) The district may continue to rely on confirmation, |
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directors', bond, or tax elections held prior to the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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Sec. 7989A.0307. STRATEGIC PARTNERSHIP AGREEMENT. The |
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district may negotiate and enter into a written strategic |
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partnership agreement under Section 43.0751, Local Government |
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Code, with a municipality in whose extraterritorial jurisdiction |
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the district is located. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7989A.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 |
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7989A.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. 7989A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7989A.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. 7989A.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. 7989A.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. 7989A.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. 7989A.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 Martindale Municipal Utility District No. 1 |
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of Caldwell County, Texas, initially includes all the territory |
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contained in the following area: |
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Being a 297.008 acre tract of land lying in the Stephen B. |
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Morrison Survey No. 2, Abstract No. 19, Caldwell County, Texas, |
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said 297.008 acre tract being a portion of a 441 acre tract of land |
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described in a Deed of Distribution to Herbert Richard Conrads, |
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dated May 10, 1993, and recorded in Volume 90, Page 891, Official |
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Public Records of Caldwell County, Texas; said 297.008 acre tract |
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being more particularly described as follows: |
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BEGINNING: at a point at the intersection of the northeast |
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right-of-way line of San Marcos Highway - Highway 80 (varying width |
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right-of-way) and a southeast line of the aforementioned 441 acre |
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tract, for the most easterly east corner of a 6.702 acre tract of |
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land, same being the San Marcos Highway right-of-way, to the State |
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of Texas as described and recorded in Volume 144, Page 518, Deed |
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Records of Caldwell County, Texas, the west corner of a 168.42 acre |
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tract of land as described and recorded in Volume 500, Page 70, |
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Official Public Records of Caldwell County, Texas, and a south |
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corner of the herein described 297.008 acre tract, from which a 1/2" |
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iron rod with plastic cap stamped "CHAPARREL BOUNDARY" found bears |
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N48°29'05"E, a distance of 0.73 feet; |
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THENCE: leaving a southeast line of the aforementioned 441 |
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acre tract, along the northeast right-of-way line of the |
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aforementioned San Marcos Highway and the northeast line of the |
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aforementioned 6.702 acre tract, the following nine (9) courses and |
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distances, |
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N59°29'04"W, a distance of 145.81 feet (Record - |
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N59°06"W) to a TxDOT Type I concrete monument found for an interior |
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corner of the herein described 297.008 acre tract, |
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S29°59'59"W, a distance of 40.00 feet (Record - S30°54"W |
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~ 40.00') to a 1/2" iron rod with yellow plastic cap stamped |
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"CHAPARRAL" found for a south corner of the herein described |
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297.008 acre tract, |
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N59°48'32"W, a distance of 499.87 feet (Record - N59°06"W |
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~ 500.00) to a 1/2" iron rod with yellow plastic cap stamped |
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"CHAPARRAL" found for a west corner of the herein described 297.008 |
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acre tract, |
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N29°56'29"E, a distance of 25.00 feet (Record - N30°54"E |
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~ 25.00') to a broken TxDOT Type I concrete monument found for an |
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interior corner of the herein described 297.008 acre tract, |
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N59°48'38"W, a distance of 800.15 feet (Record - N59°06"W |
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~ 800.00) to a point for an interior corner of the herein described |
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297.008 acre tract, from which a TxDOT Type I concrete monument |
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found bears S07°44'41"W, a distance of 0.62 feet, |
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S30°10'51"W, a distance of 35.00 feet (Record - S30°54"W |
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~ 35.00') to a point for a south corner of the herein described |
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297.008 acre tract, from which a broken TxDOT Type I concrete |
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monument found bears S51°34'34"W, a distance of 1.31 feet, |
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N59°49'09"W, a distance of 245.20 feet (Record - N59°06"W |
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~ 245.20) to a point for a point of curvature of a curve to the left, |
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from which a broken TxDOT Type I concrete monument found, bears |
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S25°54'37"W, a distance of 1.33 feet, |
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an arc length of 514.45 (Record - 510.00') with said |
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curve to the left having a radius of 5,779.58 feet, a delta of |
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5°06'00" (Record - 5°06'), and a chord which bears N62°22'09"W, a |
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distance of 514.28 to a TxDOT Type I concrete monument found for a |
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point of tangency, and |
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N64°55'09"W, a distance of 45.76 feet (Record - N64°12"W) |
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to a 1/2" iron rod found in a northwest line of said 441 acre tract |
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for the most northerly north corner of said 6.702 acre tract, the |
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south corner of an 86.44 acre tract of land described as "Tract 3" |
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and recorded in Volume 523, Page 710, Official Public Records of |
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Caldwell County, Texas, and the west corner of the herein described |
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297.008 acre tract; |
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THENCE: leaving the northeast right-of-way line of the |
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aforementioned San Marcos Highway, along a northwest line of the |
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aforementioned 411 acre tract and the southeast line of the |
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aforementioned 86.44 acre tract, N48°33'10"E, a distance of 695.34 |
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feet (Record - N48°19'39"E ~ 693.02') to a 1" iron pipe found for the |
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northeast corner of said 86.44 acre tract, the south corner of a |
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24.34 acre tract of land as described and recorded in Volume 399, |
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Page 459, Deed Records of Caldwell County, Texas, and an angle point |
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of the herein described 297.008 acre tract; |
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THENCE: continuing along a northwest line of the |
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aforementioned 441 acre tract, the southeast line of the |
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aforementioned 24.34 acre tract, and the southeast line of an |
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18.7578 acre tract of land as described and recorded in Volume 458, |
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Page 376, Official Public Records of Real Property of Caldwell |
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County, Texas, N48°40'45"E, a distance of 1,974.74 feet (Record - |
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N50°E) to a 1/2" iron rod found for the northeast corner of said |
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18.7578 acre tract, the south corner of a 126.322 acre tract of land |
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|
described as "Tract 2" and recorded in Document Number 2017001147, |
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|
Official Public Records of Caldwell County, Texas, and an angle |
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point of the herein described 297.008 acre tract; |
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THENCE: continuing along a northwest line of the |
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aforementioned 441 acre tract and the southeast line of the |
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aforementioned 126.322 acre tract, N48°36'18"E, a distance of |
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1,784.11 feet (Record - N48°36'18"E ~ 1,784.10') to a 1/2" iron rod |
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found for the northeast corner of said 126.322 acre tract, the south |
|
|
corner of a 126.932 acre tract of land described as "Tract 1" and |
|
|
recorded in Document Number 2017001147, Official Public Records of |
|
|
Caldwell County, Texas, and an angle point of the herein described |
|
|
297.008 acre tract; |
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THENCE: continuing along a northwest line of the |
|
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aforementioned 441 acre tract and the southeast line of the |
|
|
aforementioned 126.932 acre tract, N48°36'06"E, a distance of |
|
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1,781.08 feet (Record - N50°00'00"E ~ 1,781.08') to a 1/2" iron rod |
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|
with yellow plastic cap stamped "CHAPARRAL" found for the northeast |
|
|
corner of said 126.932 acre tract, a south corner of a 2,717.59 acre |
|
|
tract of land as described and recorded in Document Number |
|
|
2020003860, Official Public Records of Caldwell County, Texas, and |
|
|
an angle point of the herein described 297.008 acre tract; |
|
|
THENCE: continuing along a northwest line of the |
|
|
aforementioned 441 acre tract and a southeast line of the |
|
|
aforementioned 2,717.59 acre tract, N48°27'27"E, a distance of |
|
|
311.34 feet (Record - N48°38'22"E ~ 311.05') to a rock found for the |
|
|
north corner of said 411 acre tract, an interior corner of said |
|
|
2,717.59 acre tract, and the north corner of the herein described |
|
|
297.008 acre tract; |
|
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THENCE: along the northeast line of the aforementioned 441 |
|
|
acre tract and a southwest line of the aforementioned 2,717.59 acre |
|
|
tract, S41°23'14"E, a distance of 2,097.22 feet (Record - |
|
|
S41°23'14"E ~ 755 varas (2,097.22')) to a 1/2" iron rod with plastic |
|
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cap stamped "MMES RPLS 6490" found for the most northerly east |
|
|
corner of said 411 acre tract, the most westerly north corner of the |
|
|
aforementioned 168.42 acre tract, and the east corner of the herein |
|
|
described 297.008 acre tract; |
|
|
THENCE: along a southeast line of the aforementioned 411 acre |
|
|
tract and the northwest line of the aforementioned 168.42 acre |
|
|
tract, S48°28'40"W, a distance of 5,763.12 feet (Record - S50°W) to |
|
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the PLACE OF BEGINNING and containing 297.008 acres of land. |
|
|
Being an 168.524 acre tract of land lying in the S. B. |
|
|
Morrison League, Abstract No. 19, Caldwell County, Texas, said |
|
|
168.524 acre tract being the same 168.42 acre tract of land as |
|
|
described in a Warranty Deed to Lawson Colwell and Gretchen Ann |
|
|
Schmid, as Trustees of the Lawson Colwell Living Trust, dated June |
|
|
18, 2007, and recorded in Volume 500, Page 70, Official Public |
|
|
Records of Caldwell County, Texas; said 168.524 acre tract being |
|
|
more particularly described as follows: |
|
|
BEGINNING: at a point found at the intersection of the |
|
|
existing northeast right-of-way line of San Marcos Highway - |
|
|
Highway 80 (varying width right-of-way) and a southeast line of a |
|
|
remaining portion of 441 acre tract of land as described and |
|
|
recorded in Volume 90, Page 891, Official Public Records of Real |
|
|
Property of Caldwell County, Texas, for a west corner of the herein |
|
|
described 168.524 acre tract, from which a 1/2" iron rod with |
|
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plastic cap found bears N48°29'05"E, a distance of 0.73 feet; |
|
|
THENCE: leaving the existing northeast right-of-way line of |
|
|
the aforementioned San Marcos Highway, along the a southeast line |
|
|
of the aforementioned 441 acre tract, N48°28'40"E, a distance of |
|
|
5,763.12 feet (Record - N49°32'30"E ~ 1,958.09') feet (Record - |
|
|
N49°50'04"E ~ 1,412.78') (Record - N49°42'26"E ~ 2,388.57') to a 1/2" |
|
|
iron rod with plastic cap stamped "MMES RPLS 6490" set in a south |
|
|
line of a 2,717.59 acre tract of land as described and recorded in |
|
|
Document #2020003860, Official Public Records of Caldwell County, |
|
|
Texas, for the most westerly north corner of the aforementioned |
|
|
168.42 acre tract, the east corner of said 441 acre tract, and the |
|
|
most westerly north corner of the herein described 168.524 acre |
|
|
tract, from which a rock found for an interior corner of said |
|
|
2,717.59 acre tract and the north corner of said 441 acre tract |
|
|
bears N41°23'14"W, 2,097.22 feet (Record - N40°W~755 varas |
|
|
(2,097.22')); |
|
|
THENCE: along a northeast line of the aforementioned 168.42 |
|
|
acre tract and a southwest line of the aforementioned 2,717.59 acre |
|
|
tract, S42°36'01"E, a distance of 55.19 feet (Record - S41°48'14"E ~ |
|
|
56.85') to a fence corner post found with washer stamped "PROTECH" |
|
|
for an interior corner of said 168.42 acre tract, a south corner of |
|
|
said 2,717.59 acre tract, and an interior corner of the herein |
|
|
described 168.524 acre tract; |
|
|
THENCE: along a northwest line of the aforementioned 168.42 |
|
|
acre, N64°34'26"E, a distance of 13.67 feet (Record - N60°35'24"E ~ |
|
|
13.82') to a fence corner post found with washer stamped "PROTECH" |
|
|
for a north corner of said 168.42 acre tract, the west corner of an |
|
|
abandoned roadway, and a north corner of the herein described |
|
|
168.524 acre tract; |
|
|
THENCE: along a northeast line of the aforementioned 168.42 |
|
|
acre tract and the southwest line of the aforementioned abandoned |
|
|
roadway, S41°38'26"E, a distance of 1,268.41 feet (Record - |
|
|
S40°06'26"E ~ 1.265.75') to a 3-inch diameter metal fence corner |
|
|
post found, for the northeast corner of said 168.42 acre tract and |
|
|
the north corner of 55.29 acre tract of land as described and |
|
|
recorded in Volume 415, Page 667, Official Public Records of Real |
|
|
Property of Caldwell County, Texas, and the east corner of the |
|
|
herein described 168.524 acre tract; |
|
|
THENCE: along the southeast line of the aforementioned 168.42 |
|
|
acre tract, the northwest line of the aforementioned 55.29 acre |
|
|
tract, the northwest line of a 18.76 acre "Tract 1" tract of land |
|
|
and the northwest line of a 21.44 acre "Tract 2" tract of land as |
|
|
described and recorded in Document #2015006288, Official Public |
|
|
Records of Caldwell County Texas, the northwest line of a 42.464 |
|
|
acre tract of land as described and recorded in Volume 3, Page 113, |
|
|
Deed Records of Caldwell County, Texas, and the northwest line of a |
|
|
16.602 acre tract of land as described and recorded in Document |
|
|
#2015002213, Official Public Records of Real Property of Caldwell |
|
|
County, Texas the following six (6) courses and distances: |
|
|
S48°39'40"W, a distance of 391.45 feet (Record - S49°50'21"W ~ |
|
|
391.38') to a 2-inch diameter metal fence corner post found for an |
|
|
angle point of the herein described 168.524 acre tract, |
|
|
S48°24'28"W, a distance of 423.75 feet (Record - S49°45'57"W |
|
|
~423.51') to a 2-inch diameter metal fence corner post found for an |
|
|
angle point of the herein described 168.524 acre tract, |
|
|
S48°23'57"W, a distance of 497.23 feet (Record - S49°49'38"W ~ |
|
|
497.45') to a 3-inch diameter metal fence corner post found for an |
|
|
angle point of the herein described 168.524 acre tract, |
|
|
S49°06'01"W, a distance of 632.02 feet (Record - S50°16'45"W ~ |
|
|
632.36') to a 2-inch diameter metal fence corner post found for an |
|
|
angle point of the herein described 168.524 acre tract, |
|
|
S49°04'22"W, a distance of 1,071.61 feet (Record - S50°17'34W |
|
|
~ 683.86' and S50°31'44"W ~ 401.67') to a point in fence for an angle |
|
|
point of the herein described 168.524 acre tract, and |
|
|
S48°33'16"W. a distance of 2,363.51 feet (Record - S49°50'56"W |
|
|
~ 2,347.82') to a point, lying in the existing northeast |
|
|
right-of-way line of the aforementioned San Marcos Highway, for a |
|
|
point of curvature of a curve to the left, the south corner of said |
|
|
168.42 acre tract, and the south corner of the herein described |
|
|
168.524 acre tract, from which a 3/8" iron rod found bears |
|
|
N48°33'16"E, 1.63 feet; |
|
|
Being an 133.368 acre tract of land lying in the Stephen B. |
|
|
Morrison Survey No. 2, Abstract No. 19, Caldwell County, Texas, |
|
|
said 133.368 acre tract being a portion of a 441 acre tract of land |
|
|
as described in a Deed of Distribution to Herbert Richard Conrads, |
|
|
dated May 10, 1993, and recorded in Volume 90, Page 891, Official |
|
|
Public Records of Real Property of Caldwell County, Texas; said |
|
|
133.368 acre tract being more particularly described as follows: |
|
|
BEGINNING: at a 1/2" iron rod with yellow plastic cap stamped |
|
|
"FENSTERMAKER 10028501" found at the intersection of the southwest |
|
|
right-of-way line of San Marcos Highway - Highway 80 (varying width |
|
|
right-of-way) and a southeast line of the aforementioned 441 acre |
|
|
tract, for the most easterly south corner of a 6.702 acre tract of |
|
|
land, same being the San Marcos Highway right-of-way, to the State |
|
|
of Texas, recorded in Volume 144, Page 518, Deed Records of Caldwell |
|
|
County, Texas, and the most northerly east corner of the herein |
|
|
described 133.368 acre tract; |
|
|
THENCE: along a southeast line of the aforementioned 441 acre |
|
|
tract, S48°31'55"W (Record - S50°W), passing a point for the north |
|
|
corner of a 54.52 acre tract of land as described and recorded in |
|
|
Document Number 135033, Official Public Records of Caldwell County, |
|
|
Texas, at a distance of 42.06 feet, also passing a 5/8" iron rod |
|
|
with aluminum cap (not legible) found for the most northerly west |
|
|
corner of said 54.52 acre tract and the north corner of a 40 acre |
|
|
tract of land as described and recorded in Volume 275, Page 888, |
|
|
Official Public Records of Caldwell County, Texas, at a distance of |
|
|
207.11, also passing 1/2" iron rod with yellow cap stamped |
|
|
"FENSTERMAKER 10028501" found for reference to the centerline of |
|
|
Morrison Creek at a distance of 1,792.94 feet, a total distance of |
|
|
1,905.02 feet to a point in the centerline of said Morrison Creek |
|
|
and an interior corner of the herein described 133.368 acre tract; |
|
|
THENCE: along the centerline of the aforementioned Morrison |
|
|
Creek, a northeast line of the aforementioned 441 acre tract, and |
|
|
the southwest line of the aforementioned 40 acre tract, the |
|
|
following twenty-two (22) courses and distances, |
|
|
S00°53'25"W a distance of 21.26 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S21°04'32"E, a distance of 36.87 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S17°15'03"E, a distance of 96.31 feet to a point for an angle |
|
|
pointr of the herein described 133.368 acre tract, |
|
|
S07°41'41"E, a distance of 48.19 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S04°52'24"W, a distance of 44.12 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S24°28'00"W, a distance of 50.20 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S53°10'53"W, a distance of 33.12 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S64°41'55"W, a distance of 39.10 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S81°19'50"W, a distance of 30.45 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S50°22'34"W, a distance of 48.44 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S64°10'49"W, a distance of 51.50 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S80°30'20"W, a distance of 83.42 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S60°40'09"W, a distance of 21.15 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S03°58'32"E, a distance of 38.09 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S14°39'02"W, a distance of 41.21 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S09°39'06"E, a distance of 23.28 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S26°38'10"E, a distance of 51.18 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S13°00'17"E, a distance of 83.32 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S25°51'11"E, a distance of 100.46 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S36°01'22"E, a distance of 91.17 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S40°12'01"E, a distance of 113.87 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, and |
|
|
S43°59'42"E, a distance of 196.24 feet to a point for most |
|
|
southerly east corner of said 441 acre tract, the south corner of |
|
|
said 40 acre tract, the most southerly west corner of the |
|
|
aforementioned 54.52 acre tract, the north corner of 2.0 acre tract |
|
|
of land as described and recorded in Document Number 2016-003354, |
|
|
Official Public Records of Caldwell County, Texas, and the most |
|
|
southerly east corner of the herein described 133.368 acre tract; |
|
|
THENCE: leaving the centerline of the aforementioned |
|
|
Morrison Creek, along a southeast line of the aforementioned 441 |
|
|
acre tract and the northwest line of the aforementioned 2.0 acre |
|
|
tract, S47°51'47"W, passing a 1/2" iron rod with plastic cap stamped |
|
|
"MMES RPLS 6490" set for a point of reference of the centerline of |
|
|
Morrison Creek at a distance of 20.00 feet, a total distance of |
|
|
191.94 feet (Record - S50°W ~ 194.44') to a 3/4" iron rod found in |
|
|
the limits of S.E. River Road (variable width right-of-way) for the |
|
|
south corner of said 441 acre tract and the south corner of the |
|
|
herein described 133.368 acre tract; |
|
|
THENCE: along the southwest lines of the aforementioned 441 |
|
|
acre tract, and within the limits of the aforementioned S.E. River |
|
|
Road, the following five (5) courses and distances, |
|
|
N69°38'13"W, a distance of 139.15 feet (Record - N67°30"W ~ 60 |
|
|
varas (166.67')) to a 3/4" iron rod leaning found for an angle point |
|
|
of the herein described 133.368 acre tract, |
|
|
N85°43'19"W, a distance of 376.67 feet (Record - N84°W ~ 136.5 |
|
|
varas (379.17')) to a MAG nail with washer stamped "MMES RPLS 6490" |
|
|
set for an angle point of the herein described 133.368 acre tract, |
|
|
N76°13'19"W, a distance of 1,294.19 feet (Record - N74°30'W ~ |
|
|
469 varas (1,302.78')) to a 60D nail found for an angle point of the |
|
|
herein described 133.368 acre tract, |
|
|
N70°01'56"W, a distance of 572.17 feet (Record - N68°30'W ~ 208 |
|
|
varas (577.16')) to a MAG nail with washer stamped "MMES RPLS 6490" |
|
|
set for an angle point of the herein described 133.368 acre tract, |
|
|
and |
|
|
N41°01'56"W, a distance of 151.30 feet (Record - N39°30'W ~ 55 |
|
|
varas (152.78')) to a 1/2" iron rod found for the most southerly |
|
|
west corner of said 441 acre tract, the south corner of a 1.0466 |
|
|
acre tract of land described and recorded in Volume 335, Page 922, |
|
|
Official Public Records of Caldwell County, Texas, and the most |
|
|
southerly west corner of the herein described 133.368 acre tract; |
|
|
THENCE: leaving the aforementioned S.E. River Road, along a |
|
|
northwest line of the aforementioned 441 acre tract and the |
|
|
southwest line of the aforementioned 1.0466 acre tract, |
|
|
N49°29'46"E, a distance of 400.02 feet (Record - N50°E) to a 60D nail |
|
|
found for the northeast corner of said 1.0466 acre tract and an |
|
|
angle point of the herein described 133.368 acre tract; |
|
|
THENCE: continuing along a northwest line of the |
|
|
aforementioned 441 acre tract, the southeast line of a 0.7904 of an |
|
|
acre tract of land described and recorded in Volume 561, Page 583, |
|
|
Official Public Records of Caldwell County, Texas, the southeast |
|
|
line of a 40 acre tract of land described as "Tract 1 - Tract 5" and |
|
|
recorded in Volume 101, Page 433, Official Public Records of |
|
|
Caldwell County, Texas, the southeast line of a 1/3 of an acre tract |
|
|
of land described and recorded in Volume 277, Page 548, Deed Records |
|
|
of Caldwell County, Texas, the southeast line of a 1/3 acre tract of |
|
|
land as described and recorded in Volume 277, Page 548, Deed Records |
|
|
of Caldwell County, Texas, and the southeast line of a 2.0 acre |
|
|
tract of land described and recorded in Volume 92, Page 634, Deed |
|
|
Records of Caldwell County, Texas, N49°12'28"E (Record - N50°E), |
|
|
passing a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490" |
|
|
set for a point of reference of the centerline of Hemphill Creek at |
|
|
a distance of 1,786.98 feet, a total distance of 1,813.63 feet to a |
|
|
point in the centerline of said Hemphill Creek, for an interior |
|
|
corner of said 441 acre tract, the east corner of said 2.0 acre |
|
|
tract, and an interior corner of the herein described 133.368 acre |
|
|
tract; |
|
|
THENCE: along the southwest lines of the aforementioned 441 |
|
|
acre tract, the northeast line of the aforementioned 2.0 acre |
|
|
tract, the northeast lines of the aforementioned 40 acre tract, and |
|
|
the centerline of aforementioned Hemphill Creek the following |
|
|
fifteen (15) courses and distances, |
|
|
N76°05'27"W, a distance of 19.82 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N85°59'21"W, a distance of 35.03 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N73°49'55"W, a distance of 27.15 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N61°01'47"W, a distance of 44.86 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N44°28'47"W, a distance of 98.19 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N33°28'48"W, a distance of 42.01 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N17°36'42"W, a distance of 70.02 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N00°24'46"E, a distance of 41.36 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N11°57'46"W, a distance of 70.04 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N43°00'52"W, a distance of 29.10 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
N87°46'17"W, a distance of 29.31 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S82°58'32"W, a distance of 34.18 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S72°52'38"W, a distance of 70.24 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, |
|
|
S80°59'30"W, a distance of 113.36 feet to a point for an angle |
|
|
point of the herein described 133.368 acre tract, and |
|
|
S89°34'24"W, a distance of 58.00 feet to a point for the south |
|
|
corner of a 8.05 acre tract of land as described and recorded in |
|
|
Volume 582, Page 205, Official Public Records of Caldwell County, |
|
|
Texas, and the most northerly west corner of the herein described |
|
|
133.368 acre tract; |
|
|
THENCE: leaving the centerline of the aforementioned |
|
|
Hemphill Creek, along the southeast line of the aforementioned 8.05 |
|
|
acre tract, N48°31'37"E (Record - N50°E), passing a 1/2" iron found |
|
|
for a reference point to the centerline of said Hemphill Creek at a |
|
|
distance of 57.28 feet, a total distance of 1,447.28 feet to a point |
|
|
in the south right-of-way line of the aforementioned San Marcos |
|
|
Highway for a point of curvature of a curve to the right, the east |
|
|
corner of said 8.05 acre tract, and the most northerly north corner |
|
|
of the herein described 133.368 acre tract, from which a 1/2" iron |
|
|
rod found bears N48°31'37"E, a distance of 0.53 feet; |
|
|
THENCE: along the southwest right-of-way line of the |
|
|
aforementioned San Marcos Highway, an arc length of 312.50 feet |
|
|
with said curve to the right, having a radius of 5,679.58 feet |
|
|
(Record - 5,679.58'), a delta angle of 03°09'09", and a chord which |
|
|
bears S61°23'44"E, a distance of 312.46 feet to a point for a point |
|
|
of tangency of the herein described 133.368 acre tract, from which a |
|
|
broken TxDOT Type I concrete monument found, bears N26°54'38"E, a |
|
|
distance of 1.34 feet; |
|
|
THENCE: continuing along the southwest right-of-way line of |
|
|
the aforementioned San Marcos Highway the following six (6) courses |
|
|
and distances, |
|
|
S59°49'09"E, a distance of 245.09 feet (Record - S59°06'E ~ |
|
|
245.20') to a point for an east corner of the herein described |
|
|
133.368 acre tract, from which a bent 1" iron bar found, bears |
|
|
N59°31'55"E, a distance of 1.01 feet, |
|
|
S30°13'40"W, a distance of 10.00 feet (Record - S30°54'W ~ |
|
|
10.00') to a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490" |
|
|
set for an interior corner of the herein described 133.368 acre |
|
|
tract, |
|
|
S59°49'09"E, a distance of 200.12 feet (Record - S59°06'E ~ |
|
|
200.00') to a point for an east corner of the herein described |
|
|
133.368 acre tract, from which a leaning TxDOT Type I concrete |
|
|
monument found, bears N45°05'43"E, a distance of 0.86 feet, |
|
|
S30°10'51"W, a distance of 30.00 feet (Record - S30°54'W ~ |
|
|
30.00') to a 1/2" iron rod with plastic cap stamped "MMES RPLS 6490" |
|
|
set for an interior corner of the herein described 133.368 acre |
|
|
tract, |
|
|
S59°48'27"E, a distance of 599.98 feet (Record - S59°06'E ~ |
|
|
600.00') to a TxDOT Type I concrete monument found for an interior |
|
|
corner of the herein described 133.368 acre tract, and |
|
|
N30°14'05"E, a distance of 30.00 feet (Record - N30°54'E ~ |
|
|
30.00') to a point for a north corner of the herein described |
|
|
133.368 acre tract, from which a broken TxDOT Type I concrete |
|
|
monument found, bears N79°45'24"W, a distance of 1.19 feet; |
|
|
THENCE: continuing along the southwest right-of-way line of |
|
|
the aforementioned San Marcos Highway, S59°42'51"E, a distance of |
|
|
591.16 feet (Record - S59°06'E) to the PLACE OF BEGINNING and |
|
|
containing 133.368 acres of land. |
|
|
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 |
|
|
7989A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7989A.0308 to read as |
|
|
follows: |
|
|
Sec. 7989A.0308. 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 |
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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, 2023. |