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AN ACT
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relating to the creation of the Los Fresnos Municipal Utility |
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District No. 2 of Cameron County; providing authority to impose a |
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tax and issue bonds; 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 8175 to read as follows: |
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CHAPTER 8175. LOS FRESNOS MUNICIPAL UTILITY DISTRICT |
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NO. 2 OF CAMERON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8175.001. 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 Los Fresnos Municipal Utility |
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District No. 2 of Cameron County. |
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Sec. 8175.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Cameron County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8175.003. 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 8175.024 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 Cameron 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, 2014. |
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Sec. 8175.004. 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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[Sections 8175.005-8175.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8175.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Horacio Barrera; |
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(2) Nilo Ortiz; |
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(3) Dennis Parker; |
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(4) Rebecca Rodriguez; and |
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(5) Jon Waters. |
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(b) If a temporary director fails to qualify for office, the |
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Texas Commission on Environmental Quality shall appoint a person to |
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fill the vacancy. |
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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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8175.024; or |
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(2) the date this chapter expires under Section |
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8175.003. |
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Sec. 8175.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 49.055, Water Code, the |
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temporary directors shall meet at a location in the district |
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agreeable to a majority of the directors. If a location cannot be |
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agreed upon, the directors shall meet at the Cameron County |
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Courthouse. At the meeting, the temporary directors shall elect |
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officers from among the temporary directors and conduct any other |
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district business. |
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Sec. 8175.023. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8175.024 |
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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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Sec. 8175.024. CONFIRMATION AND INITIAL DIRECTORS' |
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ELECTION. 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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Sec. 8175.025. INITIAL ELECTED DIRECTORS; TERMS. The |
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directors elected under Section 8175.024 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. 8175.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8175.027-8175.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8175.051. 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 8175.052-8175.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8175.101. 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. 8175.102. ROAD PROJECTS. (a) To the extent |
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authorized by Section 52, Article III, Texas Constitution, the |
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district may construct, acquire, improve, maintain, or operate |
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macadamized, graveled, or paved roads, or improvements in aid of |
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those roads, inside the district. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulatory |
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ordinances or orders of each municipality in whose corporate limits |
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or extraterritorial jurisdiction the district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by ordinance or |
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resolution. |
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Sec. 8175.103. DIVISION OF DISTRICT. (a) The district may |
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be divided into two 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) The division procedure is prescribed by Sections 53.030 |
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through 53.041, Water Code. |
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(c) Any new district created by the division of the district |
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has all the powers and duties of the district. |
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(d) 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 creating this |
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chapter. |
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Sec. 8175.104. 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 Los Fresnos that consents to the |
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creation of the district. |
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[Sections 8175.105-8175.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8175.151. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds or other |
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obligations issued under Section 8175.201. |
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[Sections 8175.152-8175.200 reserved for expansion] |
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SUBCHAPTER E. BONDS |
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Sec. 8175.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other |
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obligations as provided by Chapters 49 and 54, Water Code, to |
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finance the construction, maintenance, or operation of a project |
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under Section 8175.101 or 8175.102. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8175.102 unless the issuance |
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is approved by a vote of a two-thirds majority of the district |
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voters voting at an election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8175.102 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. The Los Fresnos Municipal Utility District No. 2 |
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of Cameron County includes all the territory contained in the |
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following area: |
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A 747.21 Acre Tract of land in Share 19, Espiritu Santo Grant, |
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Cameron County, Texas; consisting of all of Block 1, Benavides |
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Tract Subdivision of Paredes Tract 41 (Vol. 8, Pg. 62, O.R.C.C.TX), |
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all of Tract 42, Subdivision "E" of Paredes Partition of Share 19 |
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(Vol. 11, Pg. 57, O.R.C.C.TX), 184.935 Acres out of Tract 44, |
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Subdivision "F" of Paredes Partition of Share 19 and 122.349 Acres |
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out of Tract 45, Subdivision "F" of Paredes Tract Subdivision; said |
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747.21 Acre Tract being more particularly described as follows: |
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BEGINNING at a point on the centerline of F.M. 1847 (100 Ft. |
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R.O.W.), for the Southwest corner of The Cole Tract as recorded in |
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Volume 4, Page 20 of the Cameron County Map Records and for the |
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Northwest corner of Tract 42 and a Northwest corner of this tract; |
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THENCE, along the common line between said Cole Tract and |
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Tract 42, South 85 Deg. 38 Min. East, at a distance of 50.00 feet |
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passing the East right-of-way line of F.M. 1847, a total distance of |
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2038.00 feet to the Southeast corner of said Cole Tract and a |
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Southwest corner of Tract 45 of Subdivision "F" of Paredes |
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Partition of Share 19, for a corner of this tract; |
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THENCE, North 4 Deg. 22 Min. East, along the East line of the |
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Cole Tract and West line of Tract 45, a distance of 1134.99 feet to |
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the Southwest corner of an 8.709 Acre Tract of land (Vol. 5390, Pg. |
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78, O.R.C.C.TX.) for a corner of this tract; |
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THENCE, South 84 Deg. 53 Min. 17 Sec. East, along the South |
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line of said 8.709 Acre Tract, a distance of 1259.11 feet to the |
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Southeast corner of said 8.709 Acre Tract, for a corner of this |
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tract; |
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THENCE, North 05 Deg. 58 Min. 19 Sec. East, at a distance of |
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1120.34 passing the Northeast corner of said 8.709 Acre Tract and |
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continuing a total distance of 1422.99 feet to the South |
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right-of-way line of State Highway 100, for the Northernmost |
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Northwest corner of this tract; |
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THENCE, South 84 Deg. 55 Min. 00 Sec. East, along the South |
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right-of-way line of State Highway 100, a distance of 439.91 feet; |
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THENCE, South 85 Deg. 09 Min. East, continuing along the |
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South right-of-way line of State Highway 100 a distance of 1074.50 |
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feet to a point on the East line of Tract 45, for a Northeast corner |
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of this tract; |
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THENCE, South 04 Deg. 23 Min. 38 Sec. West, along the common |
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line between Tract 45 and Tract 46, a distance of 909.56 feet to a |
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Northwest corner of a certain 120.00 Acre Tract described in Vol. |
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12936, Page 104 of the Official Records of Cameron County, Texas for |
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a corner of this tract; |
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THENCE, South 85 Deg. 04 Min. 56 Sec. East, a distance of |
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557.25 feet to an interior corner of said 120.00 Acre Tract, for an |
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interior corner of this tract, |
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THENCE, North 04 Deg. 55 Min. 04 Sec. East, a distance of |
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559.52 feet to an interior corner of said 120.00 Acre tract, for an |
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interior corner of this tract; |
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THENCE, North 85 Deg 04 Min. 56 Sec. West, a distance of |
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215.57 feet to a corner of said 120 00 Acre Tract, for a corner of |
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this tract; |
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THENCE, North 04 Deg. 55 Min. 04 Sec. East, a distance of |
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350.00 feet to a point on the South right-of-way line of State |
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Highway 100, for the Northernmost Northwest corner of said 120.00 |
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Acre Tract for a corner of this tract; |
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THENCE, South 85 Deg. 04 Min. 56 Sec. East, along the South |
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right-of-way line of State Highway 100, at a distance of 1895.60 |
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feet passing the Northeast corner of said 120.00 Acre Tract and |
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Northwest corner of a certain 65.00 Acre Tract described in Volume |
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12936, Page 110 of the Official Records of Cameron County, Texas, a |
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total distance of 3027.68 feet to the Northeast corner of said 65.00 |
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Acre tract, for the Northernmost Northeast corner of this tract, |
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THENCE, South 04 Deg. 26 Min. 45 Sec. West, along the East |
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line of said 65.00 Acre Tract, a distance of 2500.62 feet to a point |
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on the South line of Tract 44 and North line of Tract 42 Paredes |
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Partition Subdivision "E," for the Southeast corner of said 65.00 |
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Acre Tract and a corner of this tract; |
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THENCE, South 85 Deg. 33 Min. 45 Sec. East, along the North |
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line of Tract 42, a distance of 2942.00 feet to the Northeast corner |
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of Tract 42, for a Northeast corner of this tract, |
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THENCE, South 04 Deg. 26 Min. West, along the East line of |
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said Tract 42, a distance of 1400.32 feet to the Southeast corner of |
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Tract 42 and Northeast corner of the above referenced Block 1, |
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Benavides Tract Subdivision; |
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THENCE, South 04 Deg. 25 Min. West, along the East line of |
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said Block 1, a distance of 1400.16 feet to the Southeast corner of |
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Block 1, for the Southeast corner of this tract; |
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THENCE, North 85 Deg. 35 Min. West, along the South line of |
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Block 1, a distance of 2500.00 feet to the Southwest corner of Block |
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I, for the Southernmost Southwest corner of this tract; |
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THENCE, North 04 Deg. 25 Min. East, along the West line of |
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Block 1, a distance of 1400.16 feet to a point on the South line of |
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Tract 42, for the Northwest corner of Block 1 and a corner of this |
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tract, |
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THENCE, North 85 Deg. 35 Min. West, along the South line of |
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Tract 42, a distance of 8679.50 feet to the Southwest corner of |
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Tract 42, said point lying on the centerline of F.M. 1847, for the |
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Southwest corner of this tract; |
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THENCE, North 04 Deg. 56 Min, East, along the West line of |
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Tract 42 and centerline of F.M. 1847, a distance of 1400.90 feet to |
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the POINT OF BEGINNING. |
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CONTAINING 747.21 Acres of land, 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. This 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 hereby certify that S.B. No. 1041 passed the Senate on |
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April 26, 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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I hereby certify that S.B. No. 1041 passed the House on |
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May 4, 2007, by the following vote: Yeas 144, Nays 0, two present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |