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AN ACT
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relating to the creation of the Hood County Granbury Municipal |
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Utility District No. 1; providing authority to impose a tax and |
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issue bonds; granting a limited 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 8342 to read as follows: |
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CHAPTER 8342. HOOD COUNTY GRANBURY MUNICIPAL UTILITY |
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DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8342.001. 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 Hood County Granbury |
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Municipal Utility District No. 1. |
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Sec. 8342.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8342.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8342.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT |
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AGREEMENT REQUIRED. (a) The temporary directors may not hold an |
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election under Section 8342.003 until each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located has: |
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(1) consented by ordinance or resolution to the |
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creation of the district; and |
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(2) entered into a development agreement with the |
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majority owner of the assessed value of the real property in the |
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district. |
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(b) If a development agreement required under Subsection |
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(a)(2) has not been entered into before September 1, 2010: |
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(1) the district is dissolved September 1, 2010, |
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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 Hood 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, 2013. |
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Sec. 8342.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8342.006. 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 the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8342.007-8342.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8342.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8342.052, directors serve |
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staggered four-year terms. |
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Sec. 8342.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Jeffrey Krueger; |
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(2) William Bruce Schneider; |
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(3) Kevin Patton; |
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(4) Virgil R. Briscoe; and |
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(5) Jeffrey K. Wilson. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8342.003; or |
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(2) September 1, 2013. |
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(c) If permanent directors have not been elected under |
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Section 8342.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8342.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8342.053-8342.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8342.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8342.102. 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. 8342.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8342.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8342.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any |
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water, sanitary sewer, drainage, or other infrastructure or public |
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facilities constructed, acquired, improved, maintained, or |
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operated by the district shall comply with any subdivision or other |
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applicable regulations of any municipality in whose corporate |
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limits or extraterritorial jurisdiction the infrastructure or |
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public facilities are located. |
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Sec. 8342.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8342.107. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8342.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8342.108. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) 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 and is subject to all |
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limitations and conditions provided by this chapter. |
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(d) A new district created by the division of the district |
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may not, at the time the new district is created, contain land that |
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is not contiguous to the area described by Section 2 of the Act |
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creating this chapter. |
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(e) A division of the district may not occur until each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located has adopted a resolution |
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consenting to the division. |
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Sec. 8342.109. LIMITATION ON DISSOLUTION OF DISTRICT. (a) |
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Before the issuance of bonds, the district or any new district |
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created by the division of the district may not be dissolved unless |
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the dissolution is approved by: |
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(1) the board; |
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(2) the majority owner of the assessed value of the |
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real property in the district or the new district, as applicable; |
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and |
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(3) the governing body of each municipality in whose |
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corporate limits or extraterritorial jurisdiction the district or |
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the new district is located. |
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(b) The district or any new district may not be dissolved if |
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it has outstanding bonded debt unless: |
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(1) all the property in the district or the new |
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district is annexed by a municipality; |
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(2) the dissolution is approved by the governing body |
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of the municipality; and |
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(3) the bonded debt and developer reimbursement |
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obligations of the district or the new district are assumed by the |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the district or the new district is located or by |
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another entity approved by the municipality. |
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(c) A dissolution subject to Subsection (b) is effective |
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when all outstanding bonded debt and developer reimbursement |
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obligations have been discharged. |
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Sec. 8342.110. DEDICATION OF AIRPORT PROPERTY. The |
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district may dedicate, by fee or easement, property owned by the |
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district for any purposes necessary or convenient for the |
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operation, use, or expansion of a municipal airport. |
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[Sections 8342.111-8342.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8342.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8342.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8342.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8342.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8342.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8342.154-8342.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8342.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8342.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8342.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Hood County Granbury Municipal Utility |
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District No. 1 initially includes all the territory contained in |
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the following area: |
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Parts of the MILAM COUNTY SCHOOL LAND SURVEY LOWER LEAGUE, |
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the MILAM COUNTY SCHOOL LAND SURVEY UPPER LEAGUE, the JOHN DAVID |
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CROW SURVEY, Abstract No. 110, the EBENEZER MILLICAN SURVEY, |
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Abstract No. 414, the J. W. OWNSBY SURVEY, Abstract No. 814, the G. |
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W. WILLIAMS SURVEY, Abstract No. 600, the JOSE MAYBARBO SURVEY, |
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Abstract No. 749, the C. C. HARVICK SURVEY, Abstract No. 290, the E. |
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T. GATLIN SURVEY, Abstract No. 211, the J. W. DAWSON SURVEY, |
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Abstract No. 805 and the J. H. DAVIS SURVEY, Abstract No. 157 |
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situated about 2-9/10 miles south 41 degrees-30 minutes west from |
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the courthouse in Granbury the county seat for Hood County, Texas; |
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embracing a portion of the 1924-31/100 acres tract described in the |
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deed to The Ranch at Granbury, L.L.C. recorded in volume 1547, page |
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834 of the Real Records of Hood County, Texas and a portion of the |
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246-323/1000 acres tract described in the deed to The Ranch at |
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Granbury, L.P. recorded in volume 1591, page 306 of the said Real |
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Records and all of the SCOTTISH RITE VILLAGE SUBDIVISION UNIT ONE |
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TRACT ONE, according to the plat thereof recorded in Slide A-348-B |
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of the Plat Records of Hood County, Texas and described by metes and |
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bounds as follows: |
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The bearings and coordinate positions are per the Texas |
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Coordinate System North Central Zone NAD 83 ( 1993 ). The lengths |
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shown hereon are horizontal ground lengths. To convert horizontal |
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ground lengths to grid lengths multiply by 0.999892309. All 5/8" |
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capped irons set called for in this description are marked ( BROOKES |
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BAKER SURVEYORS ). |
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Beginning at a 12" pine fence post found for the northeast |
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corner of said 1924-31/1000 acres tract and a re-entrant corner of |
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Parcel No. 1 the 6-17/100 acres tract described in the deed to |
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Arlene McCraw recorded in volume 284, page 305 of the Deed Records |
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of Hood County, Texas , said beginning corner having a grid |
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coordinate value of X= 2,176,937.742 feet, Y= 6,841,025.644 feet. |
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Thence south 30 degrees-28 minutes-07 seconds east, along the |
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west line of said 6-17/100 acres tract for the east line of said |
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1924-31/100 acres tract, to and along the west line of the 2 acres |
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tract described in the deed to Michael H. McCraw and wife, Paula N. |
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McCraw recorded in volume 1040, page 293 of the said Real Records, |
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781-02/100 feet to a 3" pipe post for the southwest corner of said 2 |
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acres tract and the northwest corner of the 47-373/1000 acres tract |
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described in the deed to Harris Composites, Inc. recorded in volume |
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1981, page 215 of the said Real Records. |
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Thence south 30 degrees-29 minutes-01 seconds east, along the |
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west line of said 47-373/1000 acres tract for the east line of said |
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1924-31/100 acres tract, 446-21/100 feet to a 10" cedar post found. |
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Thence south 30 degrees-22 minutes-43 seconds east, |
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continuing along the west line of said 47-373/1000 acres tract for |
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the east line of said 1924-31/100 acres tract, 966-87/100 feet to a |
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1/2" iron found for the southwest corner of said 47-373/1000 acres |
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tract and the northwest corner of the 10 acres tract described in |
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the deed to Swaim Construction Company, Inc. recorded in volume |
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356, page 734 of the said Deed Records. |
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Thence south 30 degrees-22 minutes-26 seconds east, along the |
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west line of said 10 acres tract for the east line of said |
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1924-31/100 acres tract, 916-49/100 feet to a 1/2" iron found for |
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the southwest corner of said 10 acres tract and the northwest corner |
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of the 12-51/100 acres tract described in the deed to James R. |
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Walker and wife, Mary L. Walker recorded in volume 142, page 53 of |
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the said Deed Records. |
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Thence south 30 degrees-23 minutes-22 seconds east, along the |
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west line of said 12-51/100 acres tract for the east line of said |
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1924-31/100 acres tract, 1129-98/100 feet to a square head bolt |
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found for the southwest corner of said 12-51/100 acres tract and the |
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northwest corner of the 3-32/100 acres tract described in the deed |
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to Donald Trumble and Julie Trumble recorded in volume 1295, page |
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384 of the said Real Records. |
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Thence south 30 degrees-08 minutes-06 seconds east, along the |
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west line of said 3-32/100 acres tract for the west line of said |
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1924-31/100 acres tract, 284-36/100 feet to a 3/8" iron found for |
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the southwest corner of said 3-32/100 acres tract and the northwest |
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corner of the 1-24/100 acres tract described in the deed to Norman |
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Lumber Company, Inc. recorded in volume 1249, page 456 of the said |
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Real Records. |
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Thence south 30 degrees-39 minutes-30 seconds east, along the |
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west line of said 1-24/100 acres tract for the east line of said |
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1924-31/100 acres tract, 208-69/100 feet to a 3/8" iron found for |
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the southwest corner of said 1-24/100 acres tract and the northwest |
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corner of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE. |
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Thence north 59 degrees-36 minutes-27 seconds east, along the |
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north line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and |
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the south line of said 1-24/100 acres tract, 182-81/100 feet to a |
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1/2" iron in concrete found for the most northerly northeast corner |
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of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and the |
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northwest corner of the 2 acres tract described in the deed to The |
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City of Granbury recorded in volume 1291, page 287 of the said Real |
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Records. |
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Thence south 30 degrees-16 minutes-33 seconds east, along a |
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easterly line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE |
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and the west line of said 2 acres tract, 132-65/100 feet to a 1/2" |
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iron in concrete found for the southwest corner of said 2 acres |
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tract. |
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Thence south 84 degrees-20 minutes-19 seconds east, along the |
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north line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and |
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the south line of said 2 acres tract, 282-34/100 feet to a 1/2" iron |
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in concrete found for the northeast corner of said SCOTTISH RITE |
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SUBDIVISION UNIT ONE TRACT ONE and the southeast corner of said 2 |
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acres tract in the west right-of-way of Paluxy Highway ( Farm to |
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Market Highway No. 51 South) in a curve to the left having a radius |
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of 1004-93/100 feet. |
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Thence southwesterly, along the east line of said SCOTTISH |
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RITE SUBDIVISION UNIT ONE TRACT ONE and the west right-of-way of |
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said Paluxy Highway, the following: along said curve to the left an |
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arc length of 111-32/100 feet to a 1/2" iron in concrete found at |
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its end, the long chord of said 111-32/100 feet arc is south 08 |
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degrees-53 minutes-27 seconds west 111-26/100 feet; south 05 |
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degrees-40 minutes-59 seconds west 250-10/100 feet to a 1/2" iron |
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in concrete found for the southeast corner of said SCOTTISH RITE |
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SUBDIVISION UNIT ONE TRACT ONE and the northeast corner of Lot 2 |
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Block 1 PALUXY ROAD SUBDIVISION, according to the plat thereof |
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recorded in Slide A-349-A of the said Plat Records. |
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Thence north 84 degrees-18 minutes-30 seconds west, along the |
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south line of said SCOTTISH RITE SUBDIVISION UNIT ONE TRACT ONE and |
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the north line of said Lot 2 Block 1, 489-58/100 feet to a 1/2" iron |
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in concrete found for the southwest corner of said SCOTTISH RITE |
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SUBDIVISION UNIT ONE TRACT ONE and the northwest corner of said Lot |
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2 Block 1. |
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Thence southwesterly, along the west line of said Lot 2 Block |
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1 for the west line of said 1924-31/100 acres tract to and along the |
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west line of Lot 1R Block 1 PALUXY ROAD SUBDIVISION, according to |
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the plat thereof recorded in Slide B-20 of the said Plat Records, |
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the following: south 05 degrees-26 minutes-42 seconds west |
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110-07/100 feet to a 1/2" iron in concrete found; south 31 |
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degrees-19 minutes-17 seconds west 230-43/100 feet to a 1/2" iron |
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in concrete found; south 06 degrees-42 minutes-57 seconds west |
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113-62/100 feet to a 1/2" capped iron found for the northeast corner |
|
|
of the 20-72/100 acres tract described in the deed to Health |
|
|
Facilities Investment Group I L.P. recorded in volume 1828, page |
|
|
385 of the said Real Records and a easterly corner of said |
|
|
1924-31/100 acres tract. |
|
|
Thence northwesterly, southwesterly, along the north line of |
|
|
said 20-72/100 acres tract, the following: north 77 degrees-21 |
|
|
minutes-57 seconds west 351-87/100 feet to a 5" pine post found; |
|
|
south 76 degrees-40 minutes-34 seconds west 601-68/100 feet to a 5" |
|
|
pine post found for the northwest corner of said 20-72/100 acres |
|
|
tract. |
|
|
Thence southwesterly and southeasterly, along the west and |
|
|
south line of said 20-72/100 acres tract for a easterly and |
|
|
northerly line of said 1924-31/100 acres tract, the following: |
|
|
south 06 degrees-44 minutes-20 seconds west 301-61/100 feet to a |
|
|
1/2" capped iron found; south 47 degrees-08 minutes-37 seconds east |
|
|
699-62/100 feet to a 1/2" capped iron found; south 77 degrees-21 |
|
|
minutes-45 seconds east 910-80/100 feet to a 1/2" capped iron found |
|
|
for the southeast corner of said 20-72/100 acres tract and a |
|
|
easterly corner of said 1924-31/100 acres tract in the west |
|
|
right-of-way of said Paluxy Road. |
|
|
Thence southwesterly, along the southeasterly line of said |
|
|
1924-31/100 acres tract along a fence for the westerly right-of-way |
|
|
of said Paluxy Highway, the following: south 35 degrees-31 |
|
|
minutes-00 seconds west 299-95/100 feet to a 5/8" capped iron set; |
|
|
south 07 degrees-37 minutes-31 seconds west 615-48/100 feet to a |
|
|
5/8" capped iron set; south 33 degrees-26 minutes-50 seconds west |
|
|
1005-05/100 feet to a 5/8" capped iron set at the intersection of |
|
|
the westerly right-of-way of said Paluxy Highway and the north line |
|
|
of Huddleston Road for the most southerly southeast corner of said |
|
|
1924-31/100 acres tract. |
|
|
Thence southwesterly, along the south line of said |
|
|
1924-31/100 acres tract, generally along a fence to and along the |
|
|
north line of the 15-005/1000 acres tract described in the deed to |
|
|
The Ranch at Granbury, L. P. recorded in volume 1592, page 484 of |
|
|
the said Real Records, the following: south 63 degrees-49 |
|
|
minutes-18 seconds west 673-72/100 feet to a 5/8" capped iron set; |
|
|
south 66 degrees-55 minutes-40 seconds west 598-15/100 feet to a |
|
|
1/2" iron found; south 63 degrees-47 minutes-28 seconds west |
|
|
165-74/100 feet to a 1/2" iron found; south 53 degrees-52 |
|
|
minutes-00 seconds west 167-15/100 feet to a 1/2" iron found; south |
|
|
47 degrees-17 minutes-55 seconds west 113-51/100 feet to a 1/2" |
|
|
iron found; south 45 degrees-18 minutes-29 seconds west 447-49/100 |
|
|
feet to a 5/8" capped iron set; south 58 degrees-02 minutes-29 |
|
|
seconds west 322-02/100 feet to a 5/8" capped iron set; south 59 |
|
|
degrees-52 minutes-29 seconds west 1613-19/100 feet to a 5/8" |
|
|
capped iron set to replace a 60 d nail found; south 56 degrees-27 |
|
|
minutes-29 seconds west 378-90/100 feet to a 5/8" iron found for the |
|
|
most southerly southwest corner of said 1924-31/100 acres tract and |
|
|
the southeast corner of Lot 12 Block B MEADOW WOOD ESTATES, an |
|
|
addition to Hood County, Texas according to the Revised plat |
|
|
thereof recorded in Slide A-289 of the said Plat Records. |
|
|
Thence northwesterly, along the east line of said Block B |
|
|
MEADOW WOOD EASTATES for a west line of said 1924-31/100 acres |
|
|
tract, the following: north 31 degrees-40 minutes-02 seconds west |
|
|
795-16/100 feet to a 1/2" iron found for the common corner of Lots 7 |
|
|
and 8 in said Block B; north 31 degrees-46 minutes-45 seconds west |
|
|
1079-42/100 feet to a 5/8" iron found for the common corner of Lots |
|
|
3 and 4 in said Block B; north 31 degrees-57 minutes-22 seconds west |
|
|
193-60/100 feet to a 1/2" iron found; north 27 degrees-56 |
|
|
minutes-15 seconds west 607-31/100 feet to a 5/8" iron found for the |
|
|
northeast corner of Lot 1 in said Block B and a re-entrant corner of |
|
|
said 1924-31/100 acres tract. |
|
|
Thence south 59 degrees-09 minutes-11 seconds west, along a |
|
|
south line of said 1924-31/100 acres tract and the north line of |
|
|
said Lot 1, 840-88/100 feet to a 5/8" capped iron set for a |
|
|
southerly corner of said 1924-31/100 acres tract. |
|
|
Thence north 30 degrees-21 minutes-01 seconds west, along a |
|
|
west line of said 1924-31/100 acres tract, 599-92/100 feet to a 1/2" |
|
|
iron found for the southwest corner of the 2 acres tract described |
|
|
in the deed to The City of Granbury recorded in volume 1317, page |
|
|
867 of the said Real Records. |
|
|
Thence north 59 degrees-07 minutes-35 seconds east, along the |
|
|
south line of said 2 acres tract, 420-01/100 feet to a 1/2" iron |
|
|
found for the southeast corner of said 2 acres tract. |
|
|
Thence north 30 degrees-52 minutes-06 seconds west, along the |
|
|
east line of said 2 acres tract, 207-42/100 feet to a 1/2" iron |
|
|
found for its northeast corner. |
|
|
Thence south 59 degrees-07 minutes-38 seconds west, along the |
|
|
north line of said 2 acres tract, 420-03/100 feet to a 5/8" capped |
|
|
iron set for the northwest corner of said 2 acres tract for a |
|
|
re-entrant corner of said 1924-31/100 acres tract. |
|
|
Thence north 30 degrees-18 minutes-50 seconds west, along a |
|
|
westerly line of said 1924-31/100 acres tract, 1187-69/100 feet to |
|
|
a 5/8" capped iron set for a re-entrant corner of said 1924-31/100 |
|
|
acres tract. |
|
|
Thence south 58 degrees-25 minutes-25 seconds west, along a |
|
|
southerly line of said 1924-31/100 acres tract crossing Meadow Wood |
|
|
Road, 44-49/100 feet to a 2-7/8" pipe post found for the northeast |
|
|
corner of said 246-323/1000 acres tract. |
|
|
Thence south 30 degrees-27 minutes-45 seconds east, along the |
|
|
east line of said 246-323/1000 acres tract, 2014-14/100 feet to a |
|
|
1/2" iron found for the southeast corner of said 246-323/1000 acres |
|
|
tract and the northeast corner of Lot 1R of MEADOW WOOD ESTATES, an |
|
|
addition to Hood County, Texas according to the plat thereof |
|
|
recorded in Slide A-350A of the said Plat Records. |
|
|
Thence south 58 degrees-36 minutes-47 seconds west, along the |
|
|
south line of said 246-323/1000 acres tract and the north line of |
|
|
said Lot 1R, 1234-58/100 feet to a 1/2" iron found for the northwest |
|
|
corner of said Lot 1R and the northeast corner of the 35-113/1000 |
|
|
acres tract described in the deed to Daniel C. and Carolyn Fauber |
|
|
recorded in volume 1729, page 204 of the said Real Records. |
|
|
Thence south 58 degrees-41 minutes-34 seconds west, along the |
|
|
north line of said 35-113/1000 acres tract for the south line of |
|
|
said 246-323/1000 acres tract, 558-23/100 feet to a 6" pipe corner |
|
|
post found for the northwest corner of said 35-113/1000 acres tract |
|
|
a re-entrant corner of said 246-323/1000 acres tract. |
|
|
Thence south 31 degrees-47 minutes-06 seconds east, along a |
|
|
east line of said 246-323/1000 acres tract and the west line of said |
|
|
35-113/1000 acres tract, 744-69/100 feet to a 6" pipe corner post |
|
|
found for the southeast corner of said 246-323/1000 acres tract and |
|
|
the northeast corner of Parcel One the 35 acres tract described in |
|
|
the deed to Lester J. Walker and wife, Cleo Walker recorded in |
|
|
volume 1012, page 681 of the said Real Records. |
|
|
Thence south 58 degrees-46 minutes-49 seconds west, along the |
|
|
south line of said 246-323/1000 acres tract and the north line of |
|
|
said 35 acres tract to and along the north line of the 103-239/1000 |
|
|
acres tract described in the deed to The Lester J. Walker and Willie |
|
|
C. Walker Revocable Trust recorded in volume 1554, page 484, |
|
|
2341-51/100 feet to a 1/2" iron found for the southwest corner of |
|
|
said 246-323/1000 acres tract and the northwest corner of said |
|
|
103-239/1000 acres tract. |
|
|
Thence north 30 degrees-44 minutes-50 seconds west, along the |
|
|
west line of said 246-323/1000 acres tract 769-20/100 feet to a 3/8" |
|
|
iron found for the most westerly northwest corner of said |
|
|
246-323/1000 acres tract in the south line of said 1924-31/100 |
|
|
acres tract. |
|
|
Thence south 58 degrees-09 minutes-02 seconds west, along the |
|
|
south line of said 1924-31/100 acres tract 2306-39/100 feet to a 8" |
|
|
cedar fence post found for the southwest corner of said 1924-31/100 |
|
|
acres tract and a re-entrant corner of Parcel One the 6 acres tract |
|
|
described in the deed to Wayne Howard and Brenda Howard recorded in |
|
|
volume 1722, page 785 of the said Real Records and to Brandon Dunlop |
|
|
Howard in volume 1713, page 819 of the said Real Records from which |
|
|
a 5/8" capped iron found marked RPLS # 5236 bears south 23 |
|
|
degrees-13 minutes-34 seconds west 1-37/100 feet. |
|
|
Thence north 30 degrees-12 minutes-00 seconds west, along the |
|
|
west line of said 1924-31/100 acres tract and the east line of said |
|
|
Parcel One the 6 acres tract to and along the east line of the |
|
|
23-076/1000 acres tract described in the deed to Michael Moffitt |
|
|
and Patricia G. Moffitt recorded in volume 1736, page 87 of the said |
|
|
Real Records, 1318-07/100 feet to a 3/8" iron found for a re-entrant |
|
|
corner of said 1924-31/100 acres tract and the northeast corner of |
|
|
said 23-076/1000 acres tract. |
|
|
Thence south 59 degrees-34 minutes-28 seconds west, along a |
|
|
south line of said 1924-31/100 acres tract and the north line of |
|
|
said 23-076/1000 acres tract, 305-57/100 feet to a 8" cedar post |
|
|
found for the most westerly southwest corner of said 1924-31/100 |
|
|
acres tract and the southeast corner of the 27-868/1000 acres tract |
|
|
described in the deed to Franklin Delano Wentworth recorded in |
|
|
volume 1414, page 827 of the said Real Records. |
|
|
Thence northwesterly, along the west line of said |
|
|
1924-31/1000 acres tract and the east line of said 1924-31/100 |
|
|
acres tract, to and along the east line of the 7-353/1000 acres |
|
|
tract described in the deed to Shelly R. Maclellan recorded in |
|
|
volume 1843, page 496 of the said Real Records, the following: north |
|
|
31 degrees-32 minutes-30 seconds west 350 feet to a 1/2" iron found; |
|
|
north 42 degrees-39 minutes-53 seconds west 2225-48/100 feet to a |
|
|
railroad spike set in Knox Road for the northwest corner of said |
|
|
1924-31/100 acres tract. |
|
|
Thence north 59 degrees-20 minutes-08 seconds east, along a |
|
|
northerly line of said 1924-31/100 acres tract, 673-90/100 feet to |
|
|
a 5/8" capped iron set. |
|
|
Thence north 52 degrees-18 minutes-08 seconds east, |
|
|
continuing along the north line of said 1924-31/100 acres tract |
|
|
80-89/100 feet to a 3/8" iron found for a re-entrant corner of said |
|
|
1924-31/100 acres tract in the east line of Knox Road as fenced. |
|
|
Thence north 30 degrees-25 minutes-40 seconds west, along the |
|
|
west line of said 1924-31/100 acres tract, 1464-74/100 feet to a |
|
|
concrete highway monument found for the northwest corner of said |
|
|
1924-31/100 acres tract in the south right-of-way of U. S. Highway |
|
|
No. 377. |
|
|
Thence northeasterly, the south right-of-way of said U. S. |
|
|
Highway No. 377, the following: north 35 degrees-45 minutes-34 |
|
|
seconds east 118-91/100 feet to a concrete highway monument found; |
|
|
north 55 degrees-11 minutes-10 seconds east 3285-29/100 feet to a |
|
|
concrete highway monument found at the beginning of a curve to the |
|
|
right having a radius of 5729-58/100 feet; along said curve to the |
|
|
right and arc length of 730-88/100 feet to a concrete highway |
|
|
monument found at its end, the long chord of said 730-88/100 feet |
|
|
arc is north 58 degrees-52 minutes-49 seconds east 730-39/100 feet; |
|
|
north 62 degrees-20 minutes-41 seconds east 173-73/100 feet to a |
|
|
concrete highway monument found; north 65 degrees-03 minutes-28 |
|
|
seconds east 199-86/100 feet to a concrete highway monument found; |
|
|
north 62 degrees-52 minutes-36 seconds east 200 feet to a concrete |
|
|
highway monument found; north 62 degrees-02 minutes-52 seconds east |
|
|
1054-91/100 feet to a concrete highway monument found north 62 |
|
|
degrees-33 minutes-02 seconds east 7021-48/100 feet to a 5/8" |
|
|
capped iron set for the most northerly northeast corner of said |
|
|
1924-31/100 acres tract and the northwest corner of the 1-405/1000 |
|
|
acres tract described in the deed to Sandra Kay Hicks recorded in |
|
|
volume 1686, page 885 of the said Real Records. |
|
|
Thence south 28 degrees-01 minutes-32 seconds east, along a |
|
|
east line of said 1924-31/100 acres tract and the west line of said |
|
|
1-405/1000 acres tract, 63-80/100 feet to a 5/8" iron found for the |
|
|
southwest corner of said 1-405/1000 acres tract. |
|
|
Thence north 66 degrees-39 minutes-14 seconds east, along the |
|
|
north line of said 1924-31/100 acres tract and the south line of |
|
|
said 1-405/1000 acres tract 685-13/100 feet to a 1/2" iron found for |
|
|
the southeast corner of said 1-405/1000 acres tract. |
|
|
Thence north 66 degrees-41 minutes-41 seconds east, |
|
|
continuing along the north line of said 1924-31/100 acres tract, |
|
|
403-88/100 feet to a 5/8" iron found. |
|
|
Thence north 03 degrees-03 minutes-49 seconds west 12-93/100 |
|
|
feet to a 60 d nail in post found for a north corner of said |
|
|
1924-31/100 acres tract and the southwest corner of said 6-17/100 |
|
|
acres tract. |
|
|
Thence north 66 degrees-55 minutes-34 seconds east, along the |
|
|
north line of said 1924-31/100 acres tract and the south line of |
|
|
said 6-17/100 acres tract, 218-89/100 feet to the place of |
|
|
beginning and containing 2114-146/1000 acres of which 4-478/1000 |
|
|
acres lies in County Road as fenced. |
|
|
Surveyed on the ground March and April, 2004. |
|
|
A part of the MILAM COUNTY SCHOOL LAND SURVEY LOWER LEAGUE, |
|
|
Abstract No. 903 and the E. HAMMACK SURVEY, Abstract No. 650 |
|
|
situated about 2-95/100 miles south 41 degrees-30 minutes west from |
|
|
the courthouse in Granbury the county seat for Hood County, Texas; |
|
|
embracing all of the 15-005/1000 acres tract described in the deed |
|
|
to The Ranch at Granbury, L.P. recorded in volume 1592, page 484 of |
|
|
the Real Records of Hood County, Texas and described by metes and |
|
|
bounds as follows: |
|
|
The bearings and coordinate positions are per the Texas |
|
|
Coordinate System North Central Zone NAD 83 ( 1993 ). The lengths |
|
|
shown hereon are horizontal ground lengths. To convert horizontal |
|
|
ground lengths to grid lengths multiply by 0.999892309. All 5/8" |
|
|
capped irons set called for in this description are marked ( BROOKES |
|
|
BAKER SURVEYORS ). |
|
|
Beginning at a 5/8" capped iron set for the northeast corner |
|
|
of said 15-005/1000 acres tract in the south line of the 1924-31/100 |
|
|
acres tract described in the deed to The Ranch at Granbury, L. L. C |
|
|
recorded in volume 1547, page 834 of the said Real Records, said |
|
|
beginning corner having a grid coordinate value of X= 2,178,188.928 |
|
|
feet, Y= 6,833,138.021 feet. |
|
|
Thence south 40 degrees-17 minutes-26 seconds east, along the |
|
|
east line of said 15-005/1000 acres tract at 38 feet passing a 3/4" |
|
|
pipe found for the northwest corner of the 1 acre tract described in |
|
|
the deed to C. H. Huddleston and wife, Roberta Huddleston recorded |
|
|
in volume 338, page 759 of the Deed Records of Hood County, Texas in |
|
|
all, 354-40/100 feet to a 3/4" pipe found for the southeast corner |
|
|
of said 15-005/1000 acres tract and the southwest corner of said 1 |
|
|
acre tract in the northwesterly right-of-way of Paluxy Highway |
|
|
(Farm to Market Highway No. 51 south). |
|
|
Thence south 33 degrees-31 minutes-11 seconds west, along the |
|
|
easterly line of said 15-005/1000 acres tract and the westerly |
|
|
right-of-way of said Paluxy Highway, 934-71/100 feet to a 1/2" iron |
|
|
found for the southeasterly corner of said 15-005/1000 acres tract. |
|
|
Thence northwesterly, along the west line of said 15-005/1000 acres |
|
|
tract, the following: north 70 degrees-34 minutes-19 seconds west |
|
|
199-49/100 feet to a 1/2" iron found; north 65 degrees-51 |
|
|
minutes-13 seconds west 135-11/100 feet to a 1/2" iron found; north |
|
|
35 degrees-38 minutes-51 seconds west 547-37/100 feet to a 1/2" |
|
|
iron found for the northwest corner of said 15-005/1000 acres tract |
|
|
in the south line of said 1924-31/100 acres tract. |
|
|
Thence northeasterly, along the north line of said |
|
|
15-005/1000 acres tract and the south line of said 1524-31/100 |
|
|
acres tract, the following: north 47 degrees-17 minutes-55 seconds |
|
|
east 113-51/100 feet to a 1/2" iron found; north 53 degrees-52 |
|
|
minutes-00 seconds east 167-15/100 feet to a 1/2" iron found; north |
|
|
63 degrees-47 minutes-28 seconds east 165-74/100 feet to a 1/2" |
|
|
iron found; north 66 degrees-55 minutes-40 seconds east 598-15/100 |
|
|
feet to the place of beginning and containing 653,712 square feet or |
|
|
15-007/1000 acres. |
|
|
Surveyed on the ground March and April, 2004. |
|
|
SECTION 3. (a) The legal notice of the intention to |
|
|
introduce this Act, setting forth the general substance of this |
|
|
Act, has been published as provided by law, and the notice and a |
|
|
copy of this Act have been furnished to all persons, agencies, |
|
|
officials, or entities to which they are required to be furnished |
|
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
|
Government Code. |
|
|
(b) The governor, one of the required recipients, has |
|
|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
|
|
(c) The Texas Commission on Environmental Quality has filed |
|
|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
|
|
(d) All requirements of the constitution and laws of this |
|
|
state and the rules and procedures of the legislature with respect |
|
|
to the notice, introduction, and passage of this Act are fulfilled |
|
|
and accomplished. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2035 was passed by the House on May |
|
|
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2035 was passed by the Senate on May |
|
|
27, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |