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AN ACT
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relating to the creation, administration, powers, duties, |
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functions, operations, and financing of the Goforth Special Utility |
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District; 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 C, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7212 to read as follows: |
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CHAPTER 7212. GOFORTH SPECIAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7212.001. DEFINITION. In this chapter, "district" |
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means the Goforth Special Utility District. |
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Sec. 7212.002. NATURE OF DISTRICT. The district is a |
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special utility district in Caldwell, Hays, and Travis Counties |
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created under and essential to accomplish the purposes of Section |
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59, Article XVI, Texas Constitution. The district is created to |
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serve a public use and benefit. |
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Sec. 7212.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation and |
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initial directors' election held before September 1, 2009: |
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(1) the district is dissolved on September 1, 2009, |
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except that: |
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(A) any debts of the district incurred shall be |
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paid; |
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(B) any assets of the district that remain after |
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the payment of debts shall be transferred to Caldwell, Hays, or |
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Travis County, as appropriate; 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. 7212.004. APPLICABILITY OF OTHER SPECIAL UTILITY |
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DISTRICT LAW. Except as otherwise provided by this chapter, |
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Chapters 49 and 65, Water Code, apply to the district. |
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Sec. 7212.005. 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 issue any type of |
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bond, including a refunding bond, for a purpose for which the |
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district is created or to pay the principal of and interest on a |
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bond; or |
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(3) the legality or operation of the district or the |
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board of directors of the district. |
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[Sections 7212.006-7212.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 7212.021. TEMPORARY DIRECTORS. (a) The temporary |
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board of directors of the district is composed of: |
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(1) Debbie Sandoval; |
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(2) Robert Sluter; |
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(3) Lesley Simpson; |
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(4) Frank Ayala; and |
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(5) Michael Spak. |
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(b) Each temporary director shall qualify for office as |
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provided by Section 49.055, Water Code. |
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(c) 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 four |
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qualified temporary directors, the Texas Commission on |
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Environmental Quality shall appoint the necessary number of |
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directors to fill all vacancies on the board. |
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(d) Temporary directors serve until initial directors are |
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elected under Section 7212.022. |
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(e) As soon as practicable after all the temporary directors |
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have qualified under Section 49.055, Water Code, the temporary |
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directors shall convene the organizational meeting of the district |
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and elect officers from among the temporary directors. |
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Sec. 7212.022. 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 initial |
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directors in accordance with Chapters 49 and 65, Water Code, on or |
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before September 1, 2009. |
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(b) The temporary board of directors shall determine the |
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method for determining the initial term of each person on the |
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initial board of directors. The terms must be clearly stated on the |
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ballot for the confirmation and directors' election. |
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(c) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held as provided by this section. |
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(d) Initial directors serve until the first regularly |
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scheduled election of directors under Subchapter C, Chapter 65, |
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Water Code. |
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Sec. 7212.023. TRANSFER OF ASSETS; DISSOLUTION. (a) If the |
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district's creation is confirmed under Section 7212.022, the |
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Goforth Water Supply Corporation shall transfer the assets, debts, |
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and contractual rights and obligations of the corporation to the |
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district. |
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(b) Not later than the 30th day after the date of the |
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transfer under Subsection (a), the board of directors of the |
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Goforth Water Supply Corporation shall commence dissolution |
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proceedings of the corporation. |
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(c) On dissolution of the Goforth Water Supply Corporation, |
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Certificate of Convenience and Necessity No. 11356 is considered to |
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be held by the district. |
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(d) The board of directors of the Goforth Water Supply |
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Corporation shall notify the Texas Commission on Environmental |
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Quality of the dissolution of the corporation and of the transfer of |
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Certificate of Convenience and Necessity No. 11356 to the district. |
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(e) On receipt of notice under Subsection (d), the Texas |
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Commission on Environmental Quality shall note in its records that |
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Certificate of Convenience and Necessity No. 11356 is held by the |
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district and shall reissue the certificate in the name of the |
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district without further application, notice, or hearing. A person |
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does not have a right to protest or request an administrative review |
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of the transfer prescribed by this section. |
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Sec. 7212.024. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 7212.025-7212.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7212.051. DIRECTORS. The district is governed by a |
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board of not fewer than five and not more than 11 directors. |
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[Sections 7212.052-7212.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7212.101. GENERAL POWERS. Except as otherwise |
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provided by this chapter, the district has all of the rights, |
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powers, privileges, functions, and duties provided by the general |
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law of this state, including Chapters 49 and 65, Water Code, |
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applicable to special utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7212.102. WATER SERVICE IMPACT FEE. (a) The district |
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may charge a water service impact fee that is not greater than the |
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sum of the capital improvement fee and connection fee charged by the |
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Goforth Water Supply Corporation on December 31, 2006, under that |
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corporation's tariff. |
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(b) Chapter 395, Local Government Code, does not apply to |
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the initial water service impact fee set under this section. |
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(c) The district may increase the water service impact fee |
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only as provided by Chapter 395, Local Government Code, or as |
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approved by the Texas Commission on Environmental Quality. |
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SECTION 2. The Goforth Special Utility District initially |
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includes all the territory contained in the following area: |
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BEING that portion of Caldwell, Hays and Travis Counties, Texas, |
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which has a boundary more particularly described as follows: |
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BEGINNING at a point on the Caldwell/Hays County Line on |
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State Highway 21 and F.M. 2001 intersection; |
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THENCE with the centerline of Farm-to-Market Highway 2001 in |
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a southerly direction to the southeast corner of a 92.51 acre |
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Thaddeus C. McCormick, Jr. tract recorded in Book 326, Page 41 of |
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the Caldwell County Deed Records; |
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THENCE with the south line of the 92.51 acre McCormick tract |
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to its southwest corner and a point on the northeast line of the |
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168.30 acre Billie Williams, Ted Chastain and Barbara Hanna tract |
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recorded in Book 67, Page 566 and Book 68, Page 451 of the Caldwell |
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County Deed Records; |
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THENCE with the east line of the 168.30 acre Williams, |
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Chastain and Hanna tract to its southeast corner and the northeast |
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corner of a 103.04 acre Diana and Virgil Limon tract recorded in |
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Book 182, Page 415 of the Caldwell County Deed Records; |
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THENCE with the north line of the 103.04 acre Limon tract to |
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its northwest corner; |
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THENCE along the west line of the 103.04 acre Limon tract to |
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the centerline of Brushy Creek; |
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THENCE downstream along the centerline of Brushy Creek in a |
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southerly direction to the centerline of Rocky Road; |
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THENCE along Rocky Road in an easterly direction to the |
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centerline of Farm-to-Market Highway 2001; |
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THENCE along the centerline of Farm-to-Market Highway 2001 in |
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a southerly direction to the northeast corner of a 2.17 acre R. W. |
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Reynolds tract recorded in Book 101, Page 1 of the Caldwell County |
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Deed Records; |
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THENCE with the north line of the 2.17 acre Reynolds tract to |
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its northwest corner; |
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THENCE with the west line of the 2.17 acre Reynolds tract to |
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its southwest corner; |
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THENCE with the south line of the 2.17 acre Reynolds tract to |
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the centerline of Farm-to-Market Highway 2001; |
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THENCE with the centerline of Farm-to-Market Highway 2001 in |
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a southerly direction to the northeast corner of a 16.83 acre Rodney |
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M. and Tracy Kennemer tract recorded in Book 111, page 950 of the |
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Caldwell County Deed Records; |
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THENCE with the north line of the 16.83 acre Kennemer tract to |
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its northwest corner; |
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THENCE with the west line of the 16.83 acre Kennemer tract to |
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its southwest corner; |
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THENCE with the southwest line of the 16.83 acre Kennemer |
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tract to the centerline of Farm-to-Market Highway 2001; |
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THENCE with the centerline of Farm-to-Market Highway 2001 in |
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a southerly direction to a point being 1,000 feet north of Polonia |
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Road; |
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THENCE in an easterly direction and 1,000 feet north of and |
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parallel to Polonia Road crossing through a 148.8 acre Tina Wright |
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Stephens Tract as originally owned by Pomp Brown and recorded in |
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Volume 167 Page 461 of the Caldwell County Deed Records, and |
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continuing across a 24.5 acre Donald and Rose Green tract recorded |
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in Book 46, page 658 of the Caldwell County Deed Records, and |
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continuing across a 24.65 acre and 195.6 acre Guy Jr. Family Trust |
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recorded in Book 386, Page 10 of the Caldwell County Deed Records; |
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THENCE along the east line of the aforesaid Guy Jr. Family |
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Trust to its northeast corner and on the south line of a 168.37 acre |
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Thomas Ohlendorf tract recorded in Book 246, Page 236 of the |
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Caldwell County Deed Records; |
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THENCE along the south line of the aforesaid Ohlendorf tract |
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to its southeast corner; |
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THENCE along the east line of the aforesaid Ohlendorf tract |
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to a point at the northeast corner of the George C. McWhorter |
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Survey, Abstract No. 218 and on the west line of a 235.73 acre |
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Spencewood, Inc. tract recorded in Book 153, Page 974 of the |
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Caldwell County Deed Records; |
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THENCE in an easterly direction and crossing through the |
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aforesaid Spencewood, Inc. tract, crossing Rolling Ridge Road to |
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the southwest corner of a 100 acre Terrell Robert Schmidt tract |
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recorded in Book 424, Page 585 of the Caldwell County Deed Records; |
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THENCE with the south line of the aforesaid Schmidt tract and |
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the south line of a 168.9 acre Michael Doerr tract recorded in Book |
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146, Page 283 of the Caldwell County Deed Records to its southeast |
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corner; |
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THENCE with the east line of the aforesaid Doerr tract to the |
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southwest corner of a 166.2 acre Marvin and Carol Hubertus tract |
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recorded in Book 447, Page 145 of the Caldwell County Deed Records; |
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THENCE with the south line of the aforesaid Hubertus tract to |
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its southeast corner; |
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THENCE with the east line of the aforesaid Hubertus tract to |
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the southwest corner of a 102.8 acre Edward Smith tract recorded in |
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Book 366, Page 332 of the Caldwell County Deed Records; |
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THENCE with the south line of the aforesaid Smith tract to the |
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centerline of U.S. Highway 183; |
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THENCE in a northerly direction with the centerline of U.S. |
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Highway 183 to the southwest corner of a 328 acre Noel and Edward |
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Smith tract recorded in Book 44, page 467 of the Caldwell County |
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Deed Records; |
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THENCE in an easterly direction and with the south line of the |
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Smith tract 500 feet; |
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THENCE in a northerly direction 500 feet east of and parallel |
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to U.S. Highway 183 crossing through the aforesaid Smith tract and |
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continuing through a 503.4 acre Spencewood, Inc. tract recorded in |
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Book 184, Page 354 of the Caldwell County Deed Records and |
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continuing through a 36 acre Edward Balser tract recorded in Book 4, |
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Page 576 of the Caldwell County Deed Records and continuing 1,800 |
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feet through a 97.8 acre Edward Balser tract recorded in Book 344 |
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DR, Page 29 of the Caldwell County Deed Records; |
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THENCE in a westerly direction perpendicular to U.S. Highway |
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183 crossing the highway at 500 feet and continuing 500 feet into a |
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104.7 acre Edward Balser tract recorded in Book 247 DR, Page 29 of |
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the Caldwell County Deed Records; |
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THENCE in a southerly direction and parallel to U.S. Highway |
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183 crossing through the aforesaid Balser tract to its south line; |
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THENCE in a westerly direction with the south line of the |
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aforesaid Balser tract and the south line of an 88.83 acre Robert |
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Frias tract recorded in Book 26, Pages 538-541 of the Caldwell |
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County Deed Records and with the south line of an 81.32 acre Vernon |
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Kasch tract recorded in Book 382, Page 766 of the Caldwell County |
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Deed Records and south line of a 196.35 acre Norbert Ohlendorf tract |
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recorded in Book 320 DR, page 181 of the Caldwell County Deed |
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Records and at the northeast corner of a 20.29 acre Stephen McMillen |
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tract recorded in Book 447, Page 473 of the Caldwell County Deed |
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Records; |
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THENCE crossing through the aforesaid Ohlendorf tract to its |
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north line and to the southeast corner of a 95.4 acre Gordon |
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Griffin, Jr. tract recorded in Book 320, Page 181 of the Caldwell |
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County Deed Records; |
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THENCE with the east line of the aforesaid Griffin tract and |
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the east line of a 49.13 acre Gordon Griffin, Jr. tract recorded in |
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Book 67, page 742 of the Caldwell County Deed Records and the east |
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line of a 39.32 acre Stephanie Pepper tract recorded in Book 296, |
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Page 364 of the Caldwell County Deed Records and the west line of a |
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40 acre David Ohlendorf tract recorded in Book 17, Page 5 of the |
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Caldwell County Deed Records, crossing through a 90.35 acre Derek |
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Herring tract recorded in Book 399, Page 839 of the Caldwell County |
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Deed Records, and in a northerly direction crossing through a 10.0 |
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acre Derek Herring tract recorded in Book 294, Page 152 and Book |
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336, page 5 of the Caldwell County Deed Records, and in a northerly |
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direction crossing through a 152 acre David Ohlendorf tract |
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recorded in Book 17, Page 5 of the Caldwell County Deed Records, to |
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the southeast corner of a 20 acre Delon Wright tract recorded in |
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Book 398, Page 487 of the Caldwell County Deed Records and |
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continuing with the east line of the aforesaid Wright tract and |
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continuing with the east line of a 40.54 acre Harry Buthwick tract |
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recorded in Book 409, Page 112 of the Caldwell County Deed Records, |
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and continuing with the east line of the 111.87 Rathgeber Family |
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Partnership tract recorded in Book 432, Page 805 of the Caldwell |
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County Deed Records and continuing with the west line of a 97 acre |
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Gloria Matejowsky tract recorded in Book 107, Page 363 of the |
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Caldwell County Deed Records to a point 1,000 feet southeast of the |
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centerline of State Highway 21; |
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THENCE parallel to and 1,000 feet southeast of the centerline |
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of State Highway 21 in an easterly direction crossing through the |
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aforesaid Matejowsky tract to the southwest line of a 153.87 acre W. |
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P. Stromberg tract recorded in Book 106, Page 473 of the Caldwell |
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County Deed Records and continuing parallel to and 1,000 feet |
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southeast of the centerline of State Highway 21, crossing |
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Williamson Road and 500 feet into a 179.83 acre W. P. Stromberg |
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tract recorded in Books 31, 123, 349, 353 and 344 DR, Pages 509, 35, |
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197, 675 and 153 respectively in the Caldwell County Deed Records; |
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THENCE in a northwesterly direction parallel to and 500 feet |
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northeast of the southwest line of the aforesaid Stromberg tract |
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and Williamson Road crossing State Highway 21 to the north line of |
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Highway 21; |
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THENCE in an easterly direction with the north line of State |
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Highway 21 and the south line of the Mustang Hills Ranch Subdivision |
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to the southeast corner of the said subdivision; |
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THENCE with the northeast line of the aforesaid subdivision |
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and the northeast line of a 33.83 acre Elvera Schaefer Le Doux tract |
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recorded in Volume 5499, Page 2173 of the Travis County Deed Records |
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and the northeast line of an 18.876 acre Laura Galaviz and Armida |
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Gonzalez tract recorded as TR 1999066821 and the northeast line of a |
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0.531 acre Roma Schaefer tract recorded in Volume 7429, Page 566 of |
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the Travis County Deed Records to the south corner of a 23.83 acre |
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Alice Schaefer tract recorded in Volume 5499, Page 2173 of the |
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Travis County Deed Records; |
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THENCE with the southeast line of the aforesaid Schaefer |
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tract and the southeast line of a 12 acre David P. Krieger and Linda |
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J. Kelly tract TR 2003099620 and the southeast line of an 11.006 |
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acre Samuel Drew tract recorded in Volume 11699, Page 906 of the |
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Travis County Deed Records and the southeast line of a 4.520 acre |
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Gary L. Plant tract recorded in Volume 12488, Page 1541 of the |
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Travis County Deed Records and the southeast line of a 9.00 acre |
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Ronnie D. Plant tract TR 1999112227 and the southeast line of a |
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14.520 Preston W. Schultz tract recorded in Volume 12201, Page 755 |
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of the Travis County Deed Records and the southeast line of a 14.520 |
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acre Michael Pyle tract recorded in Volume 7112, page 1960 of the |
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Travis County Deed Records and the southeast line of a 14.520 acre |
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Howard Ulyssess tract recorded in Volume 8630, Page 910 of the |
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Travis County Deed Records to its east corner and on the southwest |
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line of Old Lockhart Road; |
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THENCE with the northeast line of the aforesaid Ulyssess |
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tract and the southwest line of Old Lockhart Road to the north |
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corner of the said Ulyssess tract to Elm Grove Road and with the |
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northeast line of a 92.775 acre Alton B. Laws, III tract recorded in |
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Volume 3931, Page 2021 of the Travis County Deed Records 1,000 feet |
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to a point on Old Lockhart Road; |
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THENCE crossing through the aforesaid Laws tract in a |
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southwest direction parallel to and 1,000 feet northwest of the Elm |
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Grove Road to the southwest line of the said Laws tract and a point |
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on the east line of Elm Grove Estates Subdivision; |
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THENCE with the northeast line of Elm Grove Estates to its |
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north corner; |
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THENCE with the northwest line of Elm Grove Estates and the |
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southeast line of a 223.25 acre H. Philip Whitworth, Jr. tract |
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recorded in volume 12605, Page 836 of the Travis County Deed Records |
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to a point 500 feet northeast of Williamson Road; |
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THENCE crossing through the aforesaid Whitworth tract and 500 |
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feet parallel to and northeast of Williamson Road crossing Glass |
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Road and entering into a 180.977 acre H. H. Alexander, Jr. tract |
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recorded in Volume 12506, Page 10 of the Travis County Deed Records |
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to a point being the extension of Goforth Road; |
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THENCE in a southwesterly direction crossing aforesaid |
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Whitworth tract and Williamson Road and along Goforth Road crossing |
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the Travis/Hays County Line and continuing with the east line of a |
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117.34 Acre Parcel 2, Tract 3 and a 100 acre Parcel 2, Tract 2 N. |
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Harrison and V. Alexander tract recorded in Volume 1514, Page 421 of |
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the Hays County Deed Records to its southeast corner; |
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THENCE in a northwesterly direction with the southwest line |
|
of the aforesaid Harrison and Alexander Parcel 2, Tract 2 and the |
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northeast, northwest and northeast lines of Appaloosa Acres |
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Subdivision to the east corner of Kai Vista Subdivision; |
|
THENCE in a northwesterly direction with the northeast line |
|
of Kai Vista Subdivision and a 6.53 acre Marcelino Salazar, Jr. |
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tract recorded in Book 2004, Page 313 of the Hays County Deed |
|
Records and a 5.72 acre Raymond Foley tract recorded in Book 944, |
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Page 056 of the Hays County Deed Records and a 4.0 acre Hector Duran |
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tract recorded in Book 697, Page 816 of the Hays County Deed Records |
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to a point in Williamson Road; |
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THENCE along Williamson Road in a northerly direction to a |
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point being 0.25 mile northeast of the easterly extension of |
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Satterwhite Road; |
|
THENCE in a westerly direction and 0.25 miles north of |
|
Satterwhite Road and crossing through a 313.8 acre Marvin Gaskamp |
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tract recorded in Volume 194, Page 1 of the Hays County Deed Records |
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to a point on the eastern line of the Triple R Ranchettes; |
|
THENCE with the eastern line of the Triple R Ranchettes to its |
|
south corner; |
|
THENCE with the southern line of the Triple R Ranchettes to |
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South Turnersville Road; |
|
THENCE with a northerly direction on South Turnersville Road |
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to a point located 0.25 mile from Satterwhite Road and on the east |
|
line of a 1133.2 acre 2428 Partners LP tract recorded in Volume |
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2171, Page 280 of the Hays County Deed Records; |
|
THENCE in a westerly direction parallel to and 0.25 mile |
|
north of Satterwhite Road crossing through the aforesaid 2428 |
|
Partners LP tract to a point located 0.5 mile east of F.M. Highway |
|
2001; |
|
THENCE in a northerly direction parallel to and 0.5 mile east |
|
of F.M. Highway 2001 and crossing through aforesaid 2428 Partners |
|
LP to a point located 0.25 mile north of an easterly extension of |
|
F.M. Highway 2001; |
|
THENCE in a westerly direction parallel to and 0.25 mile |
|
north of F.M. Highway 2001 and crossing through aforesaid 2428 |
|
Partners LP to a point in Hays County Road #118; |
|
THENCE in a northerly direction along Hays County Road #118 |
|
at the northeast corner of a 245.24 acre 2428 Partners LP tract |
|
recorded in Volume 2546, Page 235 of the Hays County Deed Records |
|
and continuing along Hays County Road #118 to a point being 221 |
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Drive extended and on the east line of a 26.616 acre Hays Buda |
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Investments, LP recorded in Book 964, Page 841 of the Hays County |
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Deed Records; |
|
THENCE crossing through aforesaid Hays Buda Investments |
|
tract along 221 Drive extended and crossing through a 6.11 acre |
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Capital Excavation Company tract recorded in Document No. 9911696 |
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of the Official Public Records of Hays County to the east end of 221 |
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Drive; |
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THENCE west along 221 Drive to Interstate Highway 35; |
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THENCE in a southwesterly direction along I.H. 35 to Goforth |
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Road; |
|
THENCE in a westerly direction along Goforth Road and the |
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north line of Lifschutz Subdivision No. 10 recorded in Book 142, |
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Page 480 of the Hays County Deed Records to the northwest corner of |
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said subdivision; |
|
THENCE in a southerly direction with the west line of |
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aforesaid Lifschutz Subdivision to it southwest corner and a point |
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on the north line of Park 35 South Subdivision and the northwest |
|
corner of Lot 42 in Section Three; |
|
THENCE continuing in a southerly direction along the west |
|
line of Park 35 South Subdivision Sections THREE, TWO AND ONE to |
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I.H. 35; |
|
THENCE in a southwesterly direction along I.H. 35 passing |
|
Hays County Road 131 to the southwest corner of a 1.08 acre BK Metro |
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Land Co. tract recorded in Book 2532, Page 666 of the Hays County |
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Deed Records; |
|
THENCE continuing in an easterly direction with the south |
|
line of the aforesaid BK Metro Land Co. tract and the south line of a |
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5.27 acre Tex Best Properties tract recorded in Book 1982, Page 432 |
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of the Hays County Deed Records; |
|
THENCE with the west line of a 0.54 acre Raymond Camarillo |
|
tract recorded in Book 874, Page 576 of the Hays County Deed Records |
|
to its southwest corner; |
|
THENCE with the south line of the aforesaid Camarillo tract |
|
and the south line of a 0.53 acre Alice Camarillo tract recorded in |
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Book 948, Page 631 of the Hays County Deed Records and the south |
|
line of Windy Hill Subdivision to Hays County Road 131; |
|
THENCE along Hays County Road #131 in a southerly direction |
|
and an easterly direction to Dacy Lane (Hays County Road #205); |
|
THENCE in a southwesterly direction along Dacy Lane (Hays |
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County Road #205) to Hays County Road #122; |
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THENCE in an easterly direction along County Road 122 to the |
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east corner of Southlake Subdivision; |
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THENCE in a westerly direction with the southeast line of |
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Southlake Subdivision and Southlake Ranch Subdivision to Hays |
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County Road 157 (Goforth Road); |
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THENCE in a southeasterly direction along Goforth Road and in |
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a northeasterly direction along Goforth Road to the west corner of |
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Creeks Landing Subdivision; |
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THENCE with the southwest line of the Creeks Landing |
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Subdivision to its south corner; |
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THENCE with the southeast line of the Creeks Landing |
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Subdivision to the centerline of County Road 129; |
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THENCE along the centerline of County Road 129 in a |
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southeasterly direction to the southwest corner of a 7.111 acre |
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Constance A. and Harold E. Brown tract recorded in Book 729, Page |
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340 and Book 1639, Page 354 of the Hays County Deed Records; |
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THENCE with the northwest line of the 7.111 acre Brown tract |
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to its north corner; |
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THENCE in a southeasterly direction with the northeast line |
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of the 7.111 acre Brown tract and the northeast line of a 7.00 acre |
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Pamela B. and Edward L. Moore tract recorded in Book 1091, Page 693 |
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of the Hays County Deed Records and the northeast line of a 27.52 |
|
acre Larry Forrest tract recorded in Book 1514, Page 905, Book 611, |
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Page 854 and Book 745, Page 419 of the Hays County Deed Records and |
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the northeast line of the 100.312 acre Albert Busse, Jr. tract to a |
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point in the southwest line of a 249.751 acre B. Haney tract |
|
recorded in Volume 2573, Page 559 of the Hays County Deed Records; |
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THENCE with the northwest line of the 249.751 acre Haney |
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tract to the centerline of County Road 129; |
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THENCE with the centerline of County Road 129 in a |
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southeasterly direction to the east corner of the said Haney tract |
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and the west corner of a 34.803 acre S. M. Beate and Danny R. Wilson |
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tract recorded in Book 1689, Page 884 and Book 1831, Page 497 of the |
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Hays County Deed Records; |
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THENCE with the northwest line of the 34.803 acre Beate and |
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Wilson tract to its north corner; |
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THENCE with the northeast line of the 34.803 acre Beate and |
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Wilson tract to a point on the northwest line of a 22.285 acre Judy |
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L. and David J. Dearmon tract recorded in Book 2471, Page 223 of the |
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Hays County Deed Records; |
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THENCE with the northwest line of the 22.285 acre Dearmon |
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tract to its north corner; |
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THENCE with the northeast line of the 22.285 acre Dearmon |
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tract to its east corner and a point in the northwest line of a 22.12 |
|
acre Mary and John C. Anderson tract recorded in Book 678, Page 218 |
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of the Hays County Deed Records; |
|
THENCE with the northwest line of the 22.12 acre Anderson |
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tract and the northwest line of the 44.022 acre Nimmi B. and Bernard |
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H. Zalcman tract recorded in Book 902, Page 639 of the Hays County |
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Deed Records to a point in the centerline of County Road 127; |
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THENCE along the centerline of County Road 127 in a |
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southeasterly direction to the west corner of a 202.863 acre S. R. |
|
Scott Family, L.P. tract recorded in Book 1703, Page 587 of the Hays |
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County Deed Records; |
|
THENCE with the northwest line of the 202.863 acre Scott |
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tract to its north corner; |
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THENCE with the northeast line of the 202.863 acre Scott |
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tract and a northeast line of a 224.518 acre Cynthia Dianne Hughes |
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tract recorded in Book 2084, Page 707 and Book 2085, Page 589 of the |
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Hays County Deed Records to the south corner of a 235.557 acre |
|
DALCAL #1, LTD tract recorded in Book 2053, Page 878 and DALCAL #3, |
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L.P. recorded in Book 2283, Page 749 and Book 2251, Page 846 of the |
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Hays County Deed Records; |
|
THENCE with the southeast and southwest lines of the 235.557 |
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acre DALCAL tracts to a point on the Hays/Caldwell County Line; |
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THENCE continuing along the DALCAL tracts and along the |
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Hays/Caldwell County line in a northeasterly direction to the west |
|
corner of a 10.005 acre Vonda E. and Burt A. Bronaugh, Jr. tract |
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recorded in Book 162, Page 143 of the Hays County Deed Records; |
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THENCE into Caldwell County with the southwest line of the |
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10.005 acre Bronaugh tract to the centerline of State Highway 21; |
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THENCE with the centerline of State Highway 21 in a |
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northeasterly direction to the centerline of Farm-to-Market |
|
Highway 2001 and POINT OF BEGINNING; |
|
LESS AND EXCEPT the Rolling Hills Estates Subdivision bounded |
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on the west by HCR 131 and on the north by FM Highway 2001; |
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AND LESS AND EXCEPT the Green Pastures Subdivision and |
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Palomino Acres Subdivision included within the following boundary: |
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BEGINNING at the intersection of HCR 131 and Dacy Lane; |
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THENCE in an easterly direction on Hays County Road 131 to a |
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point on the northwest line of Palomino Acres Subdivision to its |
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west corner; |
|
THENCE with the southwest line of the Palomino Acres |
|
Subdivision to Hays County Road 157; |
|
THENCE in a southwesterly direction on Hays County Road 157 |
|
to the north corner of Green Pastures Subdivision; |
|
THENCE with a northeast line and a northeast line of Green |
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Pastures Subdivision to its east corner; |
|
THENCE with the southeast line of Green Pastures Subdivision |
|
to its south corner on Hays County Road 127; |
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THENCE in a northwesterly direction of Hays County Road 127 |
|
to the west corner of Green Pastures Subdivision and the east corner |
|
of Sunrise Acres Subdivision; |
|
THENCE in a northerly direction along the common line of |
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Green Pastures and Sunrise Acres to the northwest corner of Green |
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Pastures; |
|
THENCE in a westerly direction along the north lines of |
|
Sunrise Acres Subdivision to County Road 205 (Dacy Lane); |
|
THENCE in a northeasterly direction along Dacy Lane to the |
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POINT OF BEGINNING. |
|
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 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, |
|
lieutenant governor, and speaker of the house of representatives |
|
within the required time. |
|
(d) The general law relating to consent by political |
|
subdivisions to the creation of a conservation and reclamation |
|
district and the inclusion of land in the district has been complied |
|
with. 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. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2007. |
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|
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1661 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. 1661 passed the House on |
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May 17, 2007, by the following vote: Yeas 142, Nays 0, three |
|
present not voting. |
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______________________________ |
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Chief Clerk of the House |
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|
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |