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AN ACT
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relating to the creation of the Hays County Municipal Utility |
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District No. 6; providing authority to impose a tax and issue bonds; |
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granting the power of eminent domain. |
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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 8297 to read as follows: |
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CHAPTER 8297. HAYS COUNTY MUNICIPAL UTILITY |
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DISTRICT NO. 6 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8297.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Hays County Municipal Utility |
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District No. 6. |
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Sec. 8297.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Hays County created under and |
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essential to accomplish the purposes of Section 52, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 8297.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The |
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district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the works and projects to be accomplished by the |
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district under powers conferred by Section 52, Article III, and |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 8297.004. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8297.023 before September 1, 2011: |
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(1) the district is dissolved September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Hays County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 8297.005. 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 creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating 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: |
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(1) the organization, existence, or validity of the |
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district; |
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(2) the right of the district to impose taxes; |
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(3) the validity of the district's bonds, notes, or |
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indebtedness; or |
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(4) the legality or operation of the district or the |
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board. |
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Sec. 8297.006. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed in conformity with the findings and purposes |
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set forth in this chapter. |
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[Sections 8297.007-8297.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8297.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Sam McBride; |
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(2) Ken Austin; |
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(3) Mike Coble; |
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(4) Mike Schroeder; and |
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(5) David Fulkerson. |
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(b) If a temporary director fails to qualify for office, the |
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temporary directors who have qualified shall appoint a person to |
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fill the vacancy. If at any time there are fewer than three |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of persons |
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to fill all vacancies on the board. |
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(c) Temporary directors serve until the earlier of: |
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(1) the date directors are elected under Section |
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8297.023; or |
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(2) the date this chapter expires under Section |
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8297.004. |
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Sec. 8297.022. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 8297.023 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has adopted a |
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resolution consenting to the creation of the district. |
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(b) A resolution adopted by a municipality before April 1, |
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2007, is not effective under this section. |
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Sec. 8297.023. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. (a) The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five directors as |
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provided by Section 49.102, Water Code. |
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(b) If a majority of the votes cast at the election favor the |
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creation of the district, the temporary directors shall declare the |
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district created. If a majority of the votes cast at the election |
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do not favor the creation of the district, the district is not |
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created. The temporary directors shall file a copy of the election |
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results with the Texas Commission on Environmental Quality. |
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Sec. 8297.024. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8297.023 shall draw lots to |
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determine which two shall serve until the first regularly scheduled |
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election of directors and which three shall serve until the second |
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regularly scheduled election of directors. |
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Sec. 8297.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 8297.026-8297.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8297.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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[Sections 8297.052-8297.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8297.101. 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. 8297.102. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCES OR RESOLUTIONS. The district shall comply with all |
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applicable requirements of any ordinance or resolution adopted by |
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the city council of the City of Dripping Springs that consents to |
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the creation of the district. |
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Sec. 8297.103. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may exercise the power of eminent domain outside the |
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district only to acquire an easement necessary for a pipeline that |
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serves the district. |
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SECTION 2. The Hays County Municipal Utility District No. 6 |
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includes all the territory contained in the following area: |
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FIELD NOT DESCRIPTION OF 127.59 ACRES OF LAND OUT OF THE TEXAS |
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CENTRAL RR. CO. SURVEY ABSTRACT No. 621, THE GEORGE W. LINDSAY |
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SURVEY ABSTRACT No. 289 AND THE GEORGE A. HARVEY SURVEY ABSTRACT No. |
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254 IN HAYS COUNTY, TEXAS, AND BEING COMPRISED OF A PORTION OF THAT |
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CERTAIN (120.00) ACRE TRACT OF LAND AS CONVEYED TO B.L. JOHNSON, ET |
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UX, BY DEED RECORDED IN VOLUME 757 PAGE 587 OF THE REAL PROPERTY |
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RECORDS OF HAYS COUNTY, TEXAS, TOGETHER WITH A PORTION OF THAT |
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CERTAIN (56.27 ACRE) TRACT OF LAND AS CONVEYED TO B.L. JOHNSON, ET |
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UX, BY DEED RECORDED IN VOLUME 728 PAGE 438 OF THE REAL PROPERTY |
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RECORDS OF HAYS COUNTY TEXAS, AND BEING MORE PARTICULARLY DESCRIBED |
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AS FOLLOWS: |
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BEGINNING FOR REFERENCE at a 3/8" iron rod found for the Southeast |
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corner of that certain (120.00 acre) tract of land as conveyed to |
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B.L. Johnson, et ux, by deed recorded in Volume 757 Page 587 of the |
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Real Property Records of Hays County, Texas, and for the Southwest |
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corner of that certain (23.327 acre) tract of land as conveyed to |
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B.L. Johnson, et ux, by deed recorded in Volume 600 Page 474 of the |
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Real Property Records of Hays County, Texas, and for the Northwest |
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corner of that certain (31.63 acre) tract of land as conveyed to |
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Harry Simon, et ux, by deed recorded in Volume 1309 Page 104 of the |
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Official Public Records of Hays County, Texas, and for an angle |
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corner of that certain (128.22 acre) tract of land as conveyed to |
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Barry Walker and Michael Kenoyer by Warranty Deed recorded in |
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Volume 1675 Page 734 of the Official Public Records of Hays County, |
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Texas, and from which a 3/8" iron rod found for an angle corner in |
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the East line of said Walker and Kenoyer (1298.22 acre) tract bears |
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S 01 deg. 33' 30" W 327.34 ft.; |
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THENCE with the South line of said Johnson (120.00 acre) tract, N 89 |
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deg. 59' 45" W 1150.77 ft. to a two inch (2") metal fence corner post |
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for the Southwest corner of said Johnson (120.00 acre) tract and for |
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an angle corner of said Walker and Kenoyer (1298.22 acre) tract; |
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THENCE with the common line of said Johnson (120.00 acre) tract and |
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said Walker and Kenoyer (1298.22 acre) tract, N 00 deg. 05' 55" W |
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866.04 ft. to a point for the Southwest corner and PLACE OF |
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BEGINNING of the herein described tract; |
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THENCE continuing with the common line of said Johnson (120.00 |
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acre) tract and said Walker and Kenoyer (1298.22 acre) tract, N 00 |
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deg. 05' 55" W 3608.01 ft. to a ½" iron rod found for the Northwest |
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corner of said Johnson (120.00 acre) tract and for the Northeast |
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corner of said Walker and Kenoyer (1298.22 acre) tract, and for an |
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angle corner in the South line of that certain (226.20 acre) tract |
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of land as conveyed to Kimbo Investments Limited Partnership by |
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deed recorded in Volume 1487 Page 474 of the Official Public Records |
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of Hays County, Texas, and being the Northwest corner of this tract; |
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THENCE with the North line of said Johnson (120.00 acre) tract, the |
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following two (2) courses; |
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1) S 88 deg. 08' 08" E 414.16 ft. to a 60D nail set in a fence angle |
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post; |
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2) N 87 deg. 55' 49" E 749.94 ft. to a 60D nail found in the top of a |
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fence corner post (remnant of a broken 4"x4" concrete monument |
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found lying next to post) for the Northeast corner of said Johnson |
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(120.00 acre) tract and being the northerly Northeast corner of |
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this tract; |
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THENCE with the East line of said Johnson (120.00 acre) tract, the |
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following five (5) courses; |
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1) S 00 deg. 31' 56" E 904.11 ft. to a ½" iron rod found at a fence |
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corner post; |
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2) S 00 deg. 28' 10" E 351.91 ft. to a ½" iron rod found at a fence |
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corner post; |
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3) S 00 deg. 08' 50" E 400.35 ft. to a ½" iron rod set with a |
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plastic cap imprinted with "Carson and Bush Professional Surveyors" |
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at a fence corner post for the Northwest corner of that certain |
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(56.27 acre) tract of land as conveyed to B.L. Johnson, et ux, by |
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deed recorded in Volume 728 Page 438 of the Real Property Records of |
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Hays County, Texas; |
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4) S 00 deg. 11' 02" W 459.51 ft. to a point; |
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5) S 02 deg. 55' 19" E at 178.59 ft. passing a bent 60D nail found |
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in a rock and continuing with the same bearing for a total distance |
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of 206.45 ft. to a point for an angle corner of this tract; |
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THENCE crossing the interior of said Johnson (56.27 acre) tract, |
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the following twelve (12) courses; |
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1) S 77 deg. 05' 07" E 69.09 ft. to a ½" iron rod set; |
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2) S 88 deg. 45' E 75.20 ft. to a ½" iron rod set; |
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3) S 84 deg. 41' E 94.73 ft. to a ½" iron rod set; |
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4) S 65 deg. 50' 39" E 46.68 ft. to a ½" iron rod set; |
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5) S 73 deg. 56' 29" E 119.11 ft. to a ½" iron rod set with a |
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plastic cap imprinted with "Carson and Bush Professional |
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Surveyors"; |
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6) S 61 deg. 05' E 103.62 ft. to a ½" iron rod set; |
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7) S 58 deg. 32' 24" E 54.95 ft. to a ½" iron rod set; |
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8) S 82 deg. 30' 40" E 47.93 ft. to a ½" iron rod set; |
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9) N 83 deg. 09' 17" E 91.07 ft. to a ½" iron rod set; |
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10) N 80 deg. 49' 48" E 45.36 ft. to a ½" iron rod set with a |
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plastic cap imprinted with "Carson and Bush Professional |
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Surveyors"; |
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11) N 76 deg. 01' 35" E 229.85 ft. to a ½" iron rod set with a |
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plastic imprinted with "Carson and Bush Professional Surveyors"; |
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12) N 86 deg. 28' 22" E 326.01 ft. to a point in the approximate |
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centerline of Bell Springs Road and in the East line of said Johnson |
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(56.27 acre) tract, and being the easterly Northwest corner of this |
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tract; |
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THENCE with the approximate centerline of Bell Spring Road and with |
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the East line of said Johnson (56.27 acre) tract, the following |
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three (3) courses; |
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1) S 21 deg. 22' 44" E 92.56 ft.; |
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2) S 03 deg. 53' W 76.71 ft.; |
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3) S 15 deg. 03' 16" W 71.03 ft. to a point for the easterly |
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Southeast corner of this tract; |
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THENCE leaving the centerline of Bell Springs Road and crossing the |
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interiors of said Johnson (56.27 acre) and (120.00 acre) tracts, |
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respectively, the following twenty-nine (29) courses; |
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1) S 87 deg. 00' W 121.29 ft.; |
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2) S 66 deg. 17' 07" W 147.01 ft.; |
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3) S 60 deg. 14' 31" W 107.95 ft.; |
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4) S 20 deg. 11' 34" W 85.58 ft.; |
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5) S 74 deg. 47' 20" E 103.71 ft.; |
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6) S 49 deg. 58' 19" W 80.43 ft.; |
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7) S 38 deg. 33' 16" W 189.44 ft.; |
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8) S 89 deg. 24' 09" W 61.41 ft.; |
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9) S 56 deg. 26' 24" W 147.12 ft.; |
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10) S 29 deg. 52' 49" W 161.04 ft.; |
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11) S 04 deg. 23' 11" W 128.88 ft.; |
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12) S 11 deg. 32' 31" E 52.83 ft.; |
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13) S 45 deg. 30' 40" W 198.97 ft.; |
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14) S 13 deg. 34' 44" W 75.22 ft.; |
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15) S 39 deg. 09' 44" W 282.63 ft.; |
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16) S 72 deg. 32' W 108.87 ft.; |
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17) S 83 deg. 56' 30" W 121.64 ft.; |
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18) S 01 deg. 09' 24" E 100.82 ft.; |
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19) S 87 deg. 29' 28" W 55.83 ft.; |
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20) N 67 deg. 16' 44" W 106.19 ft.; |
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21) S 75 deg. 48' 38" W 204.32 ft.; |
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22) N 78 deg. 46' 35" W 211.83 ft.; |
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23) N 29 deg. 32' 24" W 39.48 ft.; |
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24) N 01 deg. 15' 00" E 160.45 ft.; |
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25) N 88 deg. 45' 00" W 50.00 ft.; |
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26) N 01 deg. 15' 00" E 57.73 ft. to a non-tangent point of |
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curvature; |
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27) Along a curve to the right with a radius of 65.00 ft. for an arc |
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length of 145.96 ft. and which chord bears N 03 deg. 05' 08" W 117.17 |
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ft.; |
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28) N 05 deg. 25' W 7.00 ft.; |
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29) S 90 deg. 00' 00" W 538.74 ft. to the PLACE OF BEGINNING |
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containing 127.95 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4056 was passed by the House on May 9, |
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2007, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4056 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |