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AN ACT
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relating to the creation of the Tornillo Management District; |
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providing authority to impose a tax and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 4, Special District Local Laws |
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Code, is amended by adding Chapter 3845 to read as follows: |
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CHAPTER 3845. TORNILLO MANAGEMENT DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3845.001. 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 Tornillo Management |
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District. |
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Sec. 3845.002. NATURE OF DISTRICT. The district is a |
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special district created under Sections 52 and 52-a, Article III, |
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and Section 59, Article XVI, Texas Constitution. |
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Sec. 3845.003. 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) All land and other property included in the district |
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will benefit from the improvements and services to be provided by |
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the district under powers conferred by Sections 52 and 52-a, |
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Article III, and Section 59, Article XVI, Texas Constitution, and |
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other powers granted under this chapter. |
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(c) The district is created to accomplish the purposes of a |
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municipal management district as provided by general law and |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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(d) The creation of the district is in the public interest |
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and is essential to: |
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(1) further the public purposes of developing and |
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diversifying the economy of the state; |
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(2) eliminate unemployment and underemployment; and |
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(3) develop or expand transportation and commerce. |
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(e) The district will: |
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(1) promote the health, safety, and general welfare of |
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residents, employers, potential employees, employees, visitors, |
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and consumers in the district, and of the public; |
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(2) provide needed funding for the district to |
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preserve, maintain, and enhance the economic health and vitality of |
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the district territory as a community and business center; and |
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(3) promote the health, safety, welfare, and enjoyment |
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of the public by providing pedestrian ways and by landscaping and |
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developing certain areas in the district, which are necessary for |
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the restoration, preservation, and enhancement of scenic beauty. |
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(f) Pedestrian ways along or across a street, whether at |
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grade or above or below the surface, and street lighting, street |
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landscaping, parking, and street art objects are parts of and |
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necessary components of a street and are considered to be a street |
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or road improvement. |
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(g) The district will not act as the agent or |
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instrumentality of any private interest even though the district |
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will benefit many private interests as well as the public. |
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Sec. 3845.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect 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 3845.005-3845.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 3845.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven voting directors. Four directors are |
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elected as provided by Section 3845.052 and three directors are |
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appointed as provided by Section 3845.053. |
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(b) Elected directors serve staggered terms of four years. |
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(c) Appointed directors serve three-year terms and may be |
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appointed for subsequent terms. |
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Sec. 3845.052. ELECTION OF DIRECTORS. On the uniform |
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election date in May of each even-numbered year, the appropriate |
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number of directors shall be elected. |
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Sec. 3845.053. APPOINTMENT OF DIRECTORS. (a) One director |
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shall be appointed by a majority vote of the board of directors of |
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the El Paso County Tornillo Water Improvement District. |
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(b) One director shall be appointed by a majority vote of |
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the Commissioners Court of El Paso County. |
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(c) One director shall be appointed by the board from a list |
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of persons submitted by the representative for House District 75. |
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(d) Directors must be appointed under this section not later |
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than 90 days after the Act creating this chapter becomes law. This |
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subsection expires January 1, 2010. |
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Sec. 3845.054. QUALIFICATIONS. (a) To be qualified to |
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serve as an appointed director, a person must be at least 18 years |
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old and a state resident. |
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(b) To be qualified to serve as an elected director, a |
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person must meet the qualifications for an appointed director and |
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be an owner of real property subject to taxation in the district or |
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a qualified voter of the district. |
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Sec. 3845.055. INITIAL DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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initial directors the four qualified persons named in the petition. |
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The commission shall appoint as initial directors the four persons |
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named in the petition. |
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(b) The initial directors appointed under Subsection (a) |
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shall draw lots to determine which two shall serve until the first |
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regularly scheduled election of directors under Section 3845.052 |
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and which two shall serve until the second regularly scheduled |
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election of directors. |
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[Sections 3845.056-3845.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 3845.101. 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. 3845.102. MUNICIPAL MANAGEMENT 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 Chapter 375, Local Government |
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Code, applicable to municipal management districts created under |
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Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 3845.103. EMINENT DOMAIN. The district may not |
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exercise the power of eminent domain. |
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Sec. 3845.104. WATER AND WASTEWATER FACILITIES AND |
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SERVICES. (a) The district may not provide wholesale or retail |
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water or wastewater services to any land inside or outside the |
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boundaries of the district or produce water for use on land owned or |
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managed by the district unless authorized by a written resolution |
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of the board of directors of the El Paso County Tornillo Water |
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Improvement District. A written resolution authorizing the |
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provision or production of water or the water or wastewater |
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services must specify the area authorized to receive the water or |
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wastewater services or for which the district is authorized to |
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produce water. Notwithstanding any other law, the El Paso County |
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Tornillo Water Improvement District is not required to provide |
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retail water or wastewater services to an area in which the district |
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is authorized to provide water services. |
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(b) On written request by the El Paso County Tornillo Water |
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Improvement District, the district shall convey and transfer to the |
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El Paso County Tornillo Water Improvement District all water or |
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wastewater facilities, equipment, and fixtures owned by the |
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district, including water lines, wastewater lines, meters, wells, |
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fire hydrants, storage tanks, lagoons, water and wastewater |
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treatment facilities, and pump and lift stations. |
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(c) Water or wastewater facilities, equipment, and fixtures |
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transferred at the request of the El Paso County Tornillo Water |
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Improvement District shall continue to be used to benefit land in |
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the district. |
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Sec. 3845.105. RAIL FACILITIES. The district may |
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construct, acquire, improve, maintain, and operate rail facilities |
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and improvements in aid of those facilities. |
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Sec. 3845.106. DEVELOPMENT CORPORATION POWERS. The |
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district may exercise the powers given to a corporation under |
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Chapter 505, Local Government Code, including the power to own, |
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operate, acquire, construct, lease, improve, and maintain the |
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projects described by that chapter. |
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[Sections 3845.107-3845.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 3845.151. 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 revenue or contract payments from any source |
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other than ad valorem taxation. |
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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. 3845.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 3845.151, 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. 3845.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may make payments under a |
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contract from taxes other than operation and maintenance taxes |
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after the provisions of the contract have been approved by a |
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majority of the district voters voting at an election held for that |
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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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Sec. 3845.154. TAXES FOR WATER, WASTEWATER, AND DRAINAGE |
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PURPOSES. Taxes the district imposes for water, wastewater, and |
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drainage facility construction and maintenance purposes, if any, |
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are for the particular benefit of the area inside the district, do |
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not generally or directly benefit the area inside the El Paso County |
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Tornillo Water Improvement District as a whole, and do not |
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duplicate a tax imposed by the El Paso County Tornillo Water |
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Improvement District. |
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Sec. 3845.155. HOTEL OCCUPANCY TAX. (a) The district may |
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impose a hotel occupancy tax in the manner provided by Section |
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351.002, Tax Code. A tax imposed under this section may not exceed |
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the maximum rate provided by Section 351.003(a), Tax Code. |
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(b) The district may use revenue from the hotel occupancy |
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tax for any district purpose that is an authorized use of hotel |
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occupancy tax revenue under Chapter 351, Tax Code. |
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(c) If any territory of the district is annexed by a |
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municipality or incorporates as a municipality, the district may |
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not impose a hotel occupancy tax. |
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Sec. 3845.156. SALES AND USE TAX. (a) The district may |
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impose a sales and use tax if authorized by a majority of the voters |
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of the district voting at an election held for that purpose. |
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Revenue from the sales and use tax may be used for any purpose for |
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which ad valorem tax revenue of the district may be used. |
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(b) The district may not adopt a sales and use tax at a rate |
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greater than two percent, and the rate of the tax when combined with |
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the rates of all other sales and use taxes imposed in the district |
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may not exceed the total combined sales and use tax rate imposed in |
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the city of El Paso. |
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(c) Chapter 321, Tax Code, applies to the imposition, |
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computation, administration, enforcement, and collection of the |
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sales and use tax imposed by this section except to the extent it is |
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inconsistent with this chapter. |
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(d) If any territory of the district is annexed by a |
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municipality or incorporates as a municipality, the district may |
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not impose a sales and use tax. |
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Sec. 3845.157. AUTHORITY TO TAX. The district may impose |
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taxes only inside the district's boundaries. |
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[Sections 3845.158-3845.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 3845.201. 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, revenue from economic |
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development agreements under Chapter 381, Local Government Code, or |
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other district money, or any combination of those sources, to pay |
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for an authorized district purpose. |
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Sec. 3845.202. TAXES FOR BONDS. (a) At the time the |
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district issues bonds payable wholly or partly from ad valorem |
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taxes, the board shall provide for the annual imposition of an ad |
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valorem tax, without limit as to rate or amount, as required by |
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Section 54.601, Water Code. |
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(b) The board shall impose the tax annually while all or |
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part of the bonds are outstanding. Sections 54.601 and 54.602, |
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Water Code, govern the amount and rate of the tax. |
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Sec. 3845.203. 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 may not exceed |
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one-fourth of the assessed value of the real property in the |
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district. |
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Sec. 3845.204. FINANCIAL RESPONSIBILITY OF EL PASO COUNTY |
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TORNILLO WATER IMPROVEMENT DISTRICT. (a) This chapter may not be |
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construed as creating an obligation of the El Paso County Tornillo |
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Water Improvement District for a debt incurred by the district. |
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(b) Notwithstanding any other law, the El Paso County |
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Tornillo Water Improvement District may not be held liable for a |
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debt incurred by the district unless the debt is assumed by a |
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resolution of the board of directors of the El Paso County Tornillo |
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Water Improvement District. |
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SECTION 2. The Tornillo Management District initially |
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includes all the territory contained in the following area: |
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TRACT 1 |
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Being the description of Tract 4B, Block 4 and Tract 4B, Block 7 and |
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Tracts 6C and 6C1, Block 11, Lower Valley Surveys and a portion of |
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M.R. Hemley Survey 428 and a portion of A.L. Daugherty Surveys 352 |
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and 360, El Paso County, Texas and being more particularly |
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described by metes and bounds as follows: |
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COMMENCING FOR REFERENCE at a found county monument in the |
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centerline of State Highway 20 (100 feet wide) and another found |
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county monument bears, South 54°30.00" East (bearing base), a |
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distance of 499.75 feet; |
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THENCE, N32°54'03" East, a distance of 488.62 feet to a found old 2 |
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inch iron pipe at the Southwest corner of said Tract 6C in the North |
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right-of-way line of the Southern Pacific Railroad (100 feet wide) |
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and POINT OF BEGINNING for the herein described tract; |
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THENCE, along the West line of said Tract 6C the following four (4) |
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courses: |
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North 24°09'27" East, a distance of 168.61 feet to a |
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point and a found 1/2 inch rebar bears, North 76°30'23" East, |
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7.33 feet; North 00°40'00" East, a distance of 1857.00 feet to |
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a found old 2 1/2 inch iron pipe; |
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North 44°56'56" West, a distance of 2220.93 feet to a set |
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1/2 inch rebar marked (Tx2027) at the most Westerly corner of |
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said Tract 6C; |
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North 44°59'23" East, a distance of 6923.77 feet to a |
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found GLO brass cap marked (SC46,47,360) at the most |
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Northerly corner of said Tract 6C at an angle point in the |
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Southwesterly line of said Survey No. 360 in the Southerly |
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line of the Survey Day Survey No. 47; |
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THENCE, along said Southwesterly line of said Surveys 360 and 352 |
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the following three (3) courses: |
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North 44°57'13" East, a distance of 862.61 feet to a |
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found GLO brass cap marked (SC46, 360); |
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North 45°02'47" West, a distance of 4844.74 feet to a |
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found GLO brass cap marked (SC352,46); |
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South 44°57'13" West, a distance of 407.97 feet to a set |
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1/2 inch rebar marked (Tx2027); |
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THENCE, leaving said Southwesterly line of Survey No. 352, North |
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43°56'22" West, a distance of 2716.19 feet to a set 1/2 inch rebar |
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marked (Tx2027) in the South right-of-way line of O.T. Smith Road; |
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THENCE, along said right-of-way line the following two (2) courses: |
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North 63°08'09" East, a distance of 806.91 feet to a |
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found 5/8 inch rebar; |
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North 54°43'47" East, a distance of 505.39 feet to a |
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found TxDOT concrete right-of-way marker in the West |
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right-of-way line of Interstate Highway 10; |
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THENCE, along said right-of-way line the following 21 courses: |
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N57°23'43" East, a distance of 270.94 feet to a found |
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TxDOT concrete right-of-way marker; |
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North 77°27'15" East, a distance of 450.39 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 82°12'57" East, a distance of 339.75 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 42°32'10" East, a distance of 996.75 feet to a |
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found TxDOT concrete right-of-way marker; |
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North 47°33'38" East, a distance of 50.00 feet to a found |
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TxDOT concrete right-of-way marker; |
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South 42°32'55" East, a distance of 73.66 feet to a |
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point; South 37°30'08" East, a distance of 538.50 feet to a |
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found GLO brass cap Marked (SC352,428,13UT); |
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South 37°31'43" East, a distance of 184.78 feet to a |
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found 2 inch iron pipe marked (S13,BLK L); |
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North 52°28'02" East, a distance of 63.78 feet to a |
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point; |
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South 42°32'55" East, a distance of 700.19 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 42°34'09" East, a distance of 804.14 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 42°30'46" East, a distance of 895.61 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 42°32'26" East, a distance of 999.72 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 42°33'51" East, a distance of 400.08 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 47°25'57" West, a distance of 100.05 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 42°33'32" East, a distance of 898.16 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 42°58'04" East, a distance of 184.64 feet to a |
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point; |
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South 42°24'08" East, a distance of 158.89 feet to a |
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point; |
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South 42°28'13" East, a distance of 1057.78 feet to a |
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found TxDOT concrete right-of-way marker; |
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North 47°29'46" East, a distance of 100.05 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 42°32'23" East, a distance of 1199.72 feet to a |
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point; South 42°32'35" East, a distance of 204.81 feet to a |
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found 1/2 inch rebar marked (Tx4690) at the Northeast corner |
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of a tract to McLeodusa Telecommunications Services, Inc. |
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(book 4000, page 90); |
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THENCE, along the North line of said McLeodusa tract, South |
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47°27'25" West, a distance of 208.71 feet to a found 1/2 inch rebar |
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marked (Tx4690); |
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THENCE, along the West line of said McLeodusa tract, South 42°32'35" |
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East, a distance of 417.42 feet to a found 1/2 inch rebar marked |
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(Tx4690); |
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THENCE, along the South line of said McLeodusa tract, North |
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47°27'25" East, a distance of 208.71 feet to a found 1/2 inch rebar |
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marked (Tx2027) in said West right-of-way line of Interstate |
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Highway 10; |
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THENCE, along said right-of-way line the following two courses: |
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South 42°32'18" East, a distance of 976.93 feet to a |
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found TxDOT concrete right-of-way marker; |
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South 42°32'29" East, a distance of 876.88 feet to a |
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found 2 inch iron pipe; |
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THENCE, leaving said right-of-way line, South 45°00'00" West, a |
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distance of 9393.85 feet to a set 1/2 inch rebar marked (Tx2027) at |
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the most Southerly corner of said Tract 6C in said Northerly |
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right-of-way line of the Southern Pacific Railroad; |
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THENCE, along said right-of-way line the following two (2) courses: |
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North 87°30'00" West, a distance of 1468.13 feet to a |
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found 1/2 inch rebar at the beginning of a curve to the right; |
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Along the arc of said curve (Delta Angle = 08°14'35", |
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Radius = 2191.83 feet, Chord = North 83°22'42" West, 315.06 |
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feet) a distance of 315.34 feet to the POINT OF BEGINNING and |
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containing 1,375.840 acres of land. |
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TRACT 2 |
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Being the description of Tract 1A, Block 4, and Tract 1B, Block 7, |
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Lower Valley Surveys, El Paso County, Texas and being more |
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particularly described by metes and bounds as follows: |
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COMMENCING FOR REFERENCE at a found county monument in the |
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centerline of State Highway 20 (100 feet wide) and another county |
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monument bears, South 54°30'00" East (bearing base), a distance of |
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499.75 feet; |
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THENCE, North 36°17'25" East, a distance of 50.10 feet to the North |
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right-of-way line of said Highway 20; |
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THENCE, along said right-of-way line the following two (2) courses: |
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South 54°30'00" East, a distance of 497.38 feet to a |
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found old concrete right-of-way marker; |
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South 58°16'00' East, a distance of 763.50 feet to a set |
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1/2 inch rebar marked (Tx2027) at the Southwesterly corner of |
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said Tract 1B, Block 4 and POINT OF BEGINNING for the herein |
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described tract; |
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THENCE, along said right-of-way line, North 58°16'00" West, a |
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distance of 41.10 feet to the Northwesterly corner of said Tract 1B; |
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THENCE, leaving said right-of-way line and along the Northerly line |
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of said Tract 1B the following two (2) courses: |
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North 45°00'00" East, a distance of 594.73 feet; |
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North 43°44'00" East, a distance of 454.28 feet to the |
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Northeasterly corner of said Tract 1B in the South |
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right-of-way line of the Southern Pacific Railroad (100 feet |
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wide); |
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THENCE, along said right-of-way line, South 87°29'00" East, a |
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distance of 108.51 feet to the Southeasterly corner of said Tract |
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1B, Block 7; |
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THENCE, leaving said right-of-way line and along the Southerly line |
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of said Tract 1B the following two (2) courses; |
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South 46°05'00" West, a distance of 527.55 feet; |
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South 45°00'00" West, a distance of 580.58 feet to said |
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North right-of-way line of Highway 20; |
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THENCE, along said right-of-way line, North 58°16'00" West, a |
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distance of 20.55 feet to the POINT OF BEGINNING and containing |
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1.599 acres of land. |
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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 |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
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(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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|
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I certify that H.B. No. 4759 was passed by the House on May |
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15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4759 on May 29, 2009, by the following vote: Yeas 141, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4759 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |